FACILITY HIRE LICENCE AGREEMENT for commercial operators or other incorporated associations

Transcription

1 FACILITY HIRE LICENCE AGREEMENT for commercial operators or other incorporated associations This form is to be used for the hire of Guide Halls, Campsite or other Guiding Facility by Commercial Operators or other Incorporated Associations. The Licensee must have its own Public Liability Insurance. This AGREEMENT is between: The Licensor: District Name: District Address Facility Manager: Contact Number: On behalf of : Girl Guides Association of Victoria Suite 812, 401 Docklands Drive, Docklands Vic 3008 AND The Licensee: Name : Trading as: Address: (Business name, if any). ABN (if applicable) Telephone Number. Mobile Number. Background: Fax Number: A. The Licensee has requested the hire of the following Facility or part thereof: Name of Facility: Address of Facility:.. Part of the Facility Hired:..(e.g Hall/Kitchen/Room/Storage etc) Period of Licence: Commencement date:.. Expiry date:... Normal Hours of Use: from.. (am/pm) to. (am/pm) on Mon / Tues / Wed / Thurs / Fri / Sat / Sun Permitted use:. B. The Licensor allows the Licensee to have non-exclusive use of the Facility or part thereof as requested above Page 1 of 5

2 subject to the terms and conditions set out in this Agreement. The Parties Hereby Agree: 1. Where the Licensor is required to obtain the consent of the freehold owner of the Facility, the grant of this Agreement is subject to such consent being obtained. 2. The Licensee must pay the following charges at least 7 days prior to the Commencement Date: a. Licence Fee of $... per *week / month /annum Made payable to: This Fee is payable *weekly / monthly / annually in advance b. Security Deposit of $... Made Payable to:. 3. The Licensee must provide to the Licensor at least 7 days prior to the Commencement Date a Certificate of Currency of Public liability Insurance in accordance with paragraph 9 of this Agreement. 4. Every payment due by the Licensee to the Licensor under this Agreement is exclusive of GST. In addition to every payment due, the Licensee must pay to the Licensor on demand, any GST payable by the Licensor in respect of any payment due. GST is Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (as amended). 5. The Licensee must: a. use the Facility only during the Normal Hours of Use specified in this Agreement. b. obtain any necessary permits and comply with all laws relating to the use of the Facility. c. return the Facility in the same condition as it was found, properly cleaned and tidied and all refuse removed and all appurtenances in good condition and repair. d. ensure that the Facility is cleaned and tidied by departure time of each and every Normal Hours of Use. e. pay promptly for any loss, damage, cost of repairs or replacement of any items damaged during or as a result of the Licensee s or the Licensee s Agents use of the Facility. f. pay on demand the Licensor s reasonable expenses of any breach of this Agreement by the Licensee. g. immediately make good damage caused to adjacent property by the Licensee or the Licensee's Agents. h. comply with all directions given by the Licensor or its representative regarding the use of the Facility. 6. The Licensee must not, and must not let anyone else: a. use the Facility except for the Permitted Use specified in this Agreement. b. use any area of the Facility indicated as non-accessible by the Licensor c. sell any alcohol in the Facility. d. allow any alcohol to be brought onto the Facility grounds without prior express written permission from the Licensor; whether such permission is granted is at the Licensor s absolute discretion. e. carry on any illegal, noxious or offensive activity on the Facility.. f. do anything which may cause a nuisance, damage, interference or disturbance to any other person using any other parts of the Facility or to any other person, occupier or owner of any adjacent or neighbouring property. g. do anything which might affect any insurance policy relating to the Facility by causing i. it to become void or voidable, or ii. any claim on it being rejected, or iii. a premium to be increased. h. interfere with or remove any of the services or equipment in the Facility or in any property of which the Facility form part. i. bring onto the Facility any hazardous chemical or any object which by its nature or weight might cause damage to the Facility. j. use any sound-producing equipment at a volume that can be heard outside the Facility. k. erect on or near the Facility any sign, advertisement or other material without the consent of the Page 2 of 5

3 Licensor. 7. The Licensor does not warrant that the Facility is suitable for any of the purposes or uses of the Licensee. The Licensee must make its own enquiries as to the suitability of the Facility for the Permitted Use. 8. The Licensor and/or its representatives or agents may enter the Facility at any time and remain in the Facility for the purpose of viewing the Facility and the arrangements made to keep the Facility in accordance with this Agreement. The Licensor will not unreasonably interfere with or disturb the Licensee s use of the Facility. 9. The Licensee must take out and keep current an insurance cover in the name of the Licensee and noting the interest of the Licensor for public risk for any single event for $10 million and provide satisfactory evidence of insurance cover prior to the commencement date and also at any other time on written request by the Licensor. 10. Release and Indemnity a. The Licensee acknowledges and agrees that it uses and occupies the Facility at its own risk and releases the Licensor from all claims resulting from any damage, loss, death or injury in connection with the Facility except to the extent that the Licensor is negligent. b. The Licensee hereby indemnifies and hold harmless the Licensor against all actions, suits, claims, debts, obligations, loss and other liability that may arise in connection with the Facility and the use and occupation of the Facility by the Licensee or the Licensee s agents except to the extent that the Licensor is negligent. 11. The Licensor may terminate this Agreement at any time without prior notice if the Licensor is satisfied that the Licensee or the Licensee s Agents have failed to comply with any terms or conditions of the Agreement. If the Agreement is so terminated the Licensee must leave the Facility immediately removing all the Licensee s property. 12. In addition to and not in substitution for the power to terminate this Agreement under paragraph 11, the Licensor may, at any time during the Period of Licence, by giving the Licensee at least four weeks written notice to that effect terminate this Agreement upon a date to be specified in that notice notwithstanding that there has been no breach by the Licensee of any term or condition of this Agreement. No compensation is payable in respect of the termination of the Agreement except that the Licensee is entitled to receive a refund of any part of the licence fee which has been pre-paid. 13. If the Licensee continues in occupation of the Facility after the expiry date without objection by the Licensor: a. The Licensee occupies the Facility subject to the same terms and conditions as contained in this Agreement; and b. Either party may end this Licence by giving one month s written notice to the other party at any time. 14. Upon the expiry or earlier termination of this Agreement the Licensee must remove all of the Licensee s property from the Facility and make good any damage caused by its installation or removal. Anything left in the Facility will be considered abandoned and will become the property of the Licensor and may be removed by the Licensor at the Licensee s costs and at the Licensee s risk. The Licensee must pay to the Licensor the costs of removal and making good as a liquidated debt, which is payable on demand. 15. The Licensor may use the Security Deposit to: a. repair, replace or reinstate any damage caused to the Facility which occurred during or as a result of the Licensee s or the Licensee s Agents use of the Facility. b. replace any equipment or items that is missing at the Facility which occurred at any time when the Licensee had access to the Facility. c. clean the Facility if it has not been returned in an acceptable condition. d. recover any other costs incurred by the Licensor due to breaches of this Agreement by the Licensee. Any unused portion of the Security Deposit will be refunded to the Licensee. 16. The Licensor shall not be under any liability for any loss, injury or damage sustained by the Licensee or any other person at any time as a result of or arising in any way out of the failure of the electricity, telephone, gas, Page 3 of 5

4 water supply, sewerage, drainage or any other such services available at the Facility where such failure is not within the control of the Licensor. 17. Any notice required to be given or served under this Agreement may be given by post, facsimile or delivery to: a. The Licensee at its address set out in this Agreement, its registered office, the Facility or its last known address; and b. The Licensor at Suite 812, 401 Docklands Drive, Docklands Vic A notice is deemed to be received or served as follows: a. Posted notices will be taken to have been received 2 business days after posting. b. Notices delivered or sent by facsimile will be treated as received on the same day except notices delivered or sent by facsimile after 5.00pm will be taken to have been received at 9.00am on the next business day at the place where it is received 19. Where the Licensee is an incorporated body(such as a company or incorporated association), the person signing this Agreement on behalf of the Licensee warrants that he/she is authorised by the Licensee to enter this agreement on its behalf. 20. If a party consists of more than one person, this Agreement binds them jointly and each of them severally. 21. In this Agreement the Licensee s Agents means the Licensee s employees, guests, visitors, agents, contractors, customers and persons the Licensee allows onto the Premises. Where this Agreement requires the Licensee do or refrain from doing something, the Licensee is required to ensure that the Licensee s Agents do or refrain from doing the thing, as the case may be. 22. The rights given by this Agreement is personal to the Licensee and cannot be assigned, transferred or otherwise disposed of by the Licensee. The Licensee shall obtain no tenancy or leasehold interest in the Facility. 23. This Agreement contains the entire understanding between the parties as to the subject matter contained in it and supersedes all previous information, representation, warranty, agreements, express or implied. Any changes to this agreement must be in writing signed by all parties. This Agreement is dated the day of 20. SIGNED by the LICENSEE who acknowledge that they have read, understood and will abide by the terms and conditions set out in this Agreement. Signed by or on behalf of the Licensee: Name:. Witness:.(signature) Name: SIGNED on behalf of the Girls Guides Association of Victoria Signed. Name:. Page 4 of 5

5 INSTRUCTIONS AND CHECKLIST FOR COMPLETION OF AGREEMENT This Agreement(Facility Hire Licence Agreement- for commercial operators or other incorporated associations) is to be used for anyone who wishes to hire the Guide Facility for commercial or business related activities (where services or products are provided for financial reward or fee, for example: dance school, fitness or karate classes). They must have their own Public Liability Insurance for at least $10million. Please use a different form if the hire is by private individuals for use for private, non-business related purposes, private social gatherings or casual hobby activities. Do not use this Agreement if the person/organisation hiring the Facility will be given exclusive possession of the Facility. Exclusive possession is where they will be the sole user of the Facility for the term of the Licence period. If you are not sure, please ring the property officer at Guides Centre to discuss. Print 3 copies of this Agreement and complete the information required on pages 1 and 2. Collect the Certificate of Currency of Public Liability Insurance from the Licensee and check: The name of the Insured on the Certificate must be the same as the name of the Licensee. Please note that the name of the Licensee and the name of the Insured on the Certificate of insurance cannot just be the business name as the business name is not a legal entity.( For example: Jane Smith runs a dancing school and her business name is Fairy Dance School. The Insured on the Certificate of Insurance should read Jane Smith trading as Fairy Dance School ). Girl Guides Association of Victoria is noted on the Certificate of PL Insurance as an interested party The Certificate of Insurance is still current. Collect the fees required to be paid by the Licensee. The Licensee must read, sign and date the Agreement on page 4 of each copy and have the signature witnessed by an independent third party. The Facility Manager ( or District/Region Leader as appropriate) is to sign the Agreement on behalf of Girl Guides Victoria. Send the following to: Girl Guides Victoria, Suite 812, 401 Docklands Drive, Docklands Vic copy of the completed and signed Agreement Copy of the Certificate of Currency of Public Liability Insurance Keep one copy of the signed Agreement for the Facility record Give one copy of the signed Agreement to the Licensee Page 5 of 5