Agreed Times means the times specified in the Event Running Order.
Client means the client identified above.
Company means (a) where the Function is held in Australia, XO Studios, 10 Lincoln Street Brunswick East 3057, Australia.
Business Day means a day other than a Saturday, Sunday or Public Holiday in the Country or the applicable state or territory in the Country where the Function Venue is located.
Confirmed Booking means a booking made when both parties have executed this Agreement.
Event Running Order means the separate event running order, schedule or similar document for the Function agreed between the parties.
Function means the function to be held by the Client at the Function Venue on the Function Date.
Function Date means the date specified in the Event Running Order.
Function Venue means the location at which the event is to be held as specified in the Event Running Order.
Hiring Fee means the total cost for the booking including studio/venue hire, technical, labour and any other relevant charges as specified by the Company to the Client prior to signing this Venue Hire Agreement.
2. Venue Hire
Subject to clause 3.4, the Company agrees to hire the Function Venue to the Client for the Function between the Agreed Times on the Function Date on the terms of this Agreement in consideration for the payment by the Client to Company of the Hiring Fee.
2.2 Changes to Function Venue
Any alterations to this Agreement with regard to Function Venue or other changes which might in any way affect Company’s ability to hire the Function Venue to the Client or otherwise change the essential terms of this Agreement are to be requested by the Client at least 10 business days prior to the Function Date and will be accommodated at the Company’s sole discretion and subject at all times to availability. If the Client requests a change to the Function details then the Company has the right to vary the Hiring Fee.
2.3 Function numbers
Different Function Venues have a varying seating capacity depending on the particular Function Venue. Under no circumstances will the Company permit into the Function Venue any additional guests such that total Function attendance numbers exceeds the maximum capacity of the Function Venue booked by the Client.
3. Hiring Fee
The Client must pay the Hiring Fee in full no less than 10 days prior to the Function Date. Direct Debit is the preferred method of payment. Credit card is only available via PayPal and it will incur a fee of 3%.
3.2 Security Deposit
The Client is required to pay a Security Bond no less than 10 days prior to the Function Date. This amount will be refunded by The Company to The Client via provided Direct Debit details, within 14 days of the Function Date, minus any damages and/or incidental items determined by The Company, incurred to the Function Venue. The Client will be made aware of any damages incurred within 48 hours of the Function Date.
3.3 Failure to pay on time
If full payment of the Hiring Fee is not received at least 10 days prior to the Function Date, the Function Booking will be cancelled and the Function Venue may be hired out by the Company to any third party or otherwise made available to the public. Subsequent payment by the Client does not guarantee the reinstatement of cancelled bookings.
3.4 Cancellation of Function by Client
In the event of cancellation of the Function by the Company pursuant to clause 3.3, a cancellation fee equal to 100% of the Hiring Fee will be charged to the Client and the Company shall not be liable for any loss or damage to the Client or any third party as a result of such cancellation. The Client must pay such cancellation fee as a debt due and owing.
3.5 Cancellation of Function by Company
If for any reason outside of the Company’s control the Function Venue becomes unsafe or an inappropriate venue in which to hold the Function for reasons determined solely by the Company in its discretion (including without limitation, cancellation of outdoor Functions due to wet weather), the Company may cancel a confirmed booking at any time and shall not be liable for any loss or damage to the Client or any third party as a result and the Client hereby waives and releases the Company against any claims arising from such cancellation.
4. Conduct of Function
4.1 Compliance with laws
The Client shall:
(a) comply with the requirements of all laws including but not limited to the relevant occupational health and safety laws and liquor licensing laws; and
(b) be liable for and indemnify the Company from and against all loss, damage, harm, cost and expense for which the Company shall or may be or become liable in respect of the breach of any such laws caused by the Client or its guests.
The Client must (and ensure that its guests must) comply with the directions of the Company’s management and staff whilst in the Function Venue.
4.3 Smoking prohibited
Smoking is not permitted in the Function Venue.
4.4 Service of alcohol
The Function Venue does not hold a liquor license. It is the responsibility of The Client to ensure that any external suppliers contracted by The Client hold the appropriate and required licenses to operate in a public forum.
Guests may be required to show photo identification as proof of age before entering the Function Venue. If a guest is unable to provide acceptable identification, entry may be denied at the discretion of the Company and the Client.
4.5 Damage to Venue
Any damage caused by the Client or its guests to the Function Venue or foyer, including all fittings and fixtures and any Company equipment will be repaired and the cost charged to the Client. The cost of damages will be deducted from the Security Deposit, as per clause 3.2, and any costs beyond the Security Deposit amount will be invoiced to the Client.
Alternatively, or in addition, the Company may rely on the provisions of clause 5 of this agreement.
4.6 Function Venue decorations and materials
The Company has the right to remove any Client materials displayed at the Function Venue if such materials are inappropriate, offensive, unlawful or if they might cause damage to the Function Venue. It is the Client’s responsibility to ensure that all decorations and materials are removed and disposed of appropriately.
4.7 Function Venue area
The Function Venue is within a residential area and must abide by strict residential noise restrictions. Upon signing of this agreement the Client agrees to abide by the following restrictions: all outdoor areas to be closed by 9.30pm and for the Function Venue itself to be empty of all guests no later than 11.30pm. All amplified music will be turned off at 11pm. The Company has the right to terminate a Function earlier than the aforementioned times if these noise restrictions are not being met. It is the responsibility of the Client to ensure that the Function Venue is to be locked and secured at all entry and exit points as well as the alarm set. Failure to do so will incur penalities.
4.8 Transfer of Rights and Obligations
The Client must not allow the Venue to be used or occupied by anyone not under the Client’s direct control. The Client cannot transfer its rights or obligations under this Agreement to any third party.
Group bookings and packages cannot be on-sold without the prior knowledge and permission of the Company.
4.9 Function Guests
The Client is responsible for its guests at all times whilst present in the Function Venue and must make its guests aware of the provisions applying to the conduct of the Function set out herein. The Client will be responsible for and hereby indemnifies the Company in respect of any loss or damage suffered as a result of any act or omission by or on behalf of its guests attending the Function. The Company reserves the right to refuse entry to the Function Venue to any of the Client’s guests.
4.10 Conclusion of Function
At the conclusion of the Function the Client must vacate the Function Venue within the Agreed Times. The Client must also remove from the Function Venue all goods, property or material brought in by or on behalf of the Client. The Client will not assist with storage of items for the Client before or after the Function Date. The Company has the right to destroy any goods, property or material brought in by or on behalf of the Client and which is not removed at the end of the Function Date.
5. Indemnity and Insurance
5.1 Client’s indemnity
The Client is liable for and hereby indemnifies the Company from and against all actions, claims, demands, losses, damages and expenses for which the Company shall or may be or become liable or suffer in respect of: damage to the Function Venue or any Company property or equipment arising out of or in the course of the Function, except to the extent it arises from the negligence or default of the Company; injury to or death of any persons arising out of or in the course of the Function, except to the extent it arises from the negligence or default of the Company; and any breach of any term of this Agreement by the Client.
The Client must obtain insurance against the liability referred to in clause 5.1 to the value of $10,000,000.
5.3 Exclusion of liability
The Company accepts no responsibility for any loss or damage to the property of the Client or any third party. The Client and its guests must take sole responsibility for the safety and security of its/their property and for guarding against the risk of theft of or damage to property. The Company expressly excludes all liability for indirect, incidental and consequential loss and damage of any type including loss of profits and loss of revenue. To the fullest extent permitted by law, the Company’s liability under this Agreement is limited to any one or more of the following as the Company’s determines in its absolute discretion:
in relation to services, the re-supply of the services or payment of the cost of having the services re-supplied; or
in relation to goods, replacing or repairing the goods or supplying an equivalent item, or paying the costs or replacing, repairing or hiring an equivalent item.
This Agreement and the Event Running Order contains the entire agreement between the parties with respect to its subject matter and replaces all previous agreements, arrangements and understandings.
In the event of any inconsistency between this Agreement and the Event Running Order, this Agreement takes priority.
This Agreement can only be amended or varied with the written consent of both parties.
This Agreement is governed by the laws of the Country and the parties submit to the non-exclusive jurisdiction of the laws of the Country.