ANGLICAN PARISH OF FLOREAT PARK HALL HIRE LICENCE TERMS AND CONDITIONS

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1 1. Right to Occupy (c) (d) (e) The Licensor specified in Item 1 of Schedule 1 will allow the Licensee specified in Item 1 of Schedule 1 to occupy the Facility specified in Item 1 of Schedule 1 for the Term specified in Item 1 of Schedule 1 on the following terms and conditions. The Licensor will not unreasonably interfere with, or disturb, the Licensee s use of the Facility during the Term. Where the Term is for a Permitted Use in the evening, the Licensee must conclude its use of the Facility by 11.30pm and vacate the Facility by midnight Where the Permitted Use specified in Item 5 of Schedule 1 is Other (non-personal) Use, then the Public Liability amount will not be less than $10,000, for any one event and otherwise clause 3 Insurance applies to the Licensee s insurance policies. For the purpose of clause 1(d) personal means that the Licensee is an individual, a unincorporated group meeting or a non-commercial, non-political, non-cause/crusade purpose and the use of the Facility is not open to the general public and the Licensee does not have a Public Liability Policy. 2. Licensee s positive obligations The Licensee agrees to: (i) pay the Fee specified in Item 5 of Schedule 1 prior to occupying the Facility. (ii) use the Facility only for the Permitted Use. (iii) leave the Facility in a clean and tidy condition to the Licensor s satisfaction, including cleaning any white/black boards. (iv) remove all rubbish. (v) return the Facility to the condition in which it was handed to the Licensee, including returning anything moved by the Licensee to its original position and ensure that furniture is lifted and not dragged to protect flooring. (vi) switch off all lights, fans, heaters, air conditioners, and other electrical equipment (including exhaust fans), water taps, gas stove and gas BBQ before vacating the Facility. (vii) secure windows and doors on vacating the Facility. (viii) return all keys to the Licensor in the manner and at the time agreed. The Licensee agrees not to: (i) remove any of the Licensor s property from the Facility. (ii) use any exhibits or decorations in the Facility without the Licensor s prior consent. (iii) cause damage to the Facility, the Licensor s property and to give notice to the Licensor of any loss or damage to the Licensor s property. The Licensee is responsible for the repair of any damage caused and the replacement of any damaged Licensor s property. (iv) permit smoking within the Facility. (v) create a nuisance by noise or otherwise to the adjoining owners and occupiers. (vi) carry on any illegal activity. REVISED & UP-DATED 10/12/2013 Page 1 of 9

2 3. At the end of the Term ANGLICAN PARISH OF FLOREAT PARK The licensee must remove the Licensee s property from the Facility. In removing the Licensee s property, the Licensee must: (c) do no damage to the Facility, the building or the land (and immediately make good to the Licensor s reasonable satisfaction any damage caused in removing Licensee s property. remove all rubbish and leave the Facility, Licensor s property, the building and the land used in removing the Licensee s property, clean and in good condition; and comply with the Licensor s reasonable conditions about removal and make good works. 4. Insurance The Licensee must, at its own expense, take out and maintain, over the Facility a public risk policy that gives a minimum cover for each accident, event or claim for the amount specified in Item 4 of Schedule 1, or if clause 1(d) applies, the Licensee must take out and maintain the amount specified in clause 1(d). The insurer must be acceptable to the Licensor. The cover provided under this policy must not be contributory with any policy the Licensor takes out and must include the following extensions: (i) (ii) loss or damage to fixtures, fittings, accessories in the Facility owned by the Licensor; and indemnity for any claims made against the Licensor arising out of the Licensee s use and occupation of the Facility. (c) (d) The Licensee must give copies of the insurance policies to the Licensor before taking possession of the Facility under this Licence. Clauses 4 and 4 do not apply if the Licensee has requested the Licensor to arrange the Public Liability Insurance under Item 4 of Schedule 1. If the Licensee requests the Licensor to arrange the Public Liability Insurance under Item 4 of Schedule 1, the Licensee must pay the Licensee s contribution not less than 7 days prior to the commencement of the Licence. 5. Indemnity The Licensee must indemnify the Licensor from and against all claims which the Licensor may suffer or incur in connection with the loss of life and/or person injury to any person and/or damage to any property (wheresoever occurring):- (i) (ii) (iii) arising from or out of any occurrence at the Facility; arising from or out of the use by the Licensee of the Facility or any part of it; or occasioned wholly or in part by any neglect or omission by the Licensee or by the servants, agents or lawful visitors of the Licensees or by any other person or persons using or upon the Facility. The Licensee occupies the Facility and uses the Facility at the Licensee s own risk. REVISED & UP-DATED 10/12/2013 Page 2 of 9

3 6. Nature of Interest The rights given by this Licence are in contract only and may not be assigned. Nothing contained in this Licence creates any tenancy or other interest in the Facility. 7. Additional Terms The additional terms, covenants and conditions (if any) set out in Schedule 2 are incorporated in this Licence as if fully set out in the Licence. If there is any inconsistency with the term, covenants and conditions of the Licence, the terms, covenants and conditions set out in Schedule 2 prevail. Dated the day of 2014 SIGNED on behalf of the Licensor Sucy Varughese (Hall Co-ordinator) SIGNED by ) [FULL NAME] ) In the presence of: ) Witness s signature: Witness s Name in Full: Witness s Address Witness s Occupation REVISED & UP-DATED 10/12/2013 Page 3 of 9

4 SIGNED by ) [FULL NAME] ) In the presence of: ) Witness s signature: Witness s Name in Full: Witness s Address Witness s Occupation REVISED & UP-DATED 10/12/2013 Page 4 of 9

5 SCHEDULE 1 Item 1 Licensor Anglican Parish of Floreat Park, 86 The Boulevard, Floreat. Licensor s Representative: Sucy Varughese (Hall Co-ordinator) Address: 9 Dilali Road, City Beach WA 6015 Mobile: svarughese1@hotmail.com Item 2 Licensee/s Name: Address: Telephone: Mobile: Name: Address: Telephone: Mobile: Item 3 Facility Anglican Parish of Floreat Park, St Nicholas Church Hall, 86 The Boulevard, Floreat: Main Hall (max. capacity 110 people) Keith Currie Room (max. capacity 20 people) Kitchen BBQ Playground & equipment Item 4 Public Liability Insurance In the sum of $5,000, for any one event. Either: the Licensee has arranged its own insurance cover as evidenced by the certificate of currency attached to this Licence; or the Licensee requires the Licensor to arrange the Public Liability Insurance for a fee calculated at $25.00 per day REVISED & UP-DATED 10/12/2013 Page 5 of 9

6 subject to the payment by the Licensee of $ excess for any damage to the Licensor s Property. (See clause 4(d) regarding payment). Item 5 Permitted Use Tick the appropriate box: Private birthday party, celebration, wedding reception Community group meeting for afternoon tea Craft group Parent and child group Fete and fair. Stallholders must meet all requirements as set out by the Health Department (if required) Musicians using the Facility for non-commercial purposes (but not musicians who perform elsewhere) Dance practice, not associated with a dance school or lessons and no fees charged Informal support/self-help group If the Permitted Use is not one of the above mentioned uses, Clause 1(d) applies: Other (non-personal) use (specify: Item 6 Term From: To: Item 7 Fee $ Item 8 No. of Attendees (approx) REVISED & UP-DATED 10/12/2013 Page 6 of 9

7 SCHEDULE 2 ADDITIONAL TERMS ACKNOWLEDGEMENT BY LICENSEE 1. The Licensee acknowledges that the Facility, inclusive of toys, playground equipment and other equipment located at the Facility, is in such a condition at the date of this Licence so as to render it completely suitable for the purpose for which the Licensee intends to use it. 2. The Licensee agrees to use the Facility: strictly only for the number of attendees specified in Item 8 of Schedule 1; and within the time(s) requested and permitted, which will be inclusive of preparation and packing up time. Usage of the Facility will be monitored from time to time and if found to be outside the hours permitted on a regular basis, will then incur a review of and possible increase in the Fee. LICENSEE S FURTHER OBLIGATIONS 3. The Licensee MUST: remove all rubbish, including decorations and used paper towels and place them in bins on the east side of the CHURCH; vacuum the carpet thoroughly. The vacuum cleaner is in the cupboard between the meeting rooms in the passage way; (c) clean up all spillages, including wiping down chairs and tables which are affected; and mopping toilet & kitchen floors; (d) stack chairs no more than 5 chairs high, moving them against the wall and away from the fire extinguisher; (e) fold up tables and return them to the storeroom through the wooden double doors on the eastern side of the hall; and (f) return the vacuum cleaner to the cupboard in the passage way between the meeting rooms. 4. The Licensee MUST NOT: move any pianos without the prior consent of the Licensor. The Licensor, in its sole discretion, may require that the piano is moved by professional removalists at the Licensee s cost; use, permit to use or attach to the walls in the facility any exhibits or decorations (including balloons, streamers, plastic strings/fishing lines, posters, art work and other items ) using sticky tape, blue tack or any method which removes paintwork without the prior consent of the Licensor; (c) sell alcohol or serve alcohol to minors at the Facility; (d) permit the use of barrels or drums of ice in the Facility. (e) allow the amplification of music without the Licensor s prior written consent. If the Licensor consents to the Licensee s amplification of music, then: (i) the volume of the music must be kept to acceptable levels in accordance with the Environmental Protection Act 1986; and (ii) the volume of the music must be turned down by 11.00PM and turned of by 12 midnight. [Note: Licensees are advised that unreasonable noise emissions from the Facility is an offence under the Environmental Protection Act 1986.] (f) park or permit the parking of vehicles in the Licensor s driveways at any time; REVISED & UP-DATED 10/12/2013 Page 7 of 9

8 (g) (h) ANGLICAN PARISH OF FLOREAT PARK allow any heavy vehicles (e.g. buses, trucks, heavy trailers) to enter the Parish grounds and the property; and allow the entry of animals (e.g. pony rides, animal nursery) on to the Parish grounds and the property without the prior consent of the Licensor. 5. The Licensee must inform any third parties (e.g. bouncy castle) that they will be required to produce a copy of their current Public Liability Insurance Policy to the Licensor at least two (2) days prior to the day of the function. 6. The Licensee shall be liable for an ADDITIONAL FEE of $50.00 (fifty dollars) if any heater/air conditioner, light, exhaust fan, water tap or gas at the stove or barbecue is not turned off before vacating the Facility. 7. The Licensee will ensure that guests disperse quickly and quietly to respect the rights of adjoining residents. ON-SITE STORAGE 8. On-site storage space does not form part of this Licence, unless the Licensee has first applied for and obtained the written consent of the Licensor, in which case the Licensee must provide the Licensor with a copy of the key to the locked storage area. BOND 9. The Licensee must deposit the sum of $ ( Bond ) with the Licensor as security for the Licensee s observance of the Licensee s obligation under this Licence and for any damage and/or extra cleaning. The Licensee is liable for the cost of all damage and/or extra cleaning. If the Bond is insufficient to cove the cost of the damage and/or extra cleaning, the balance is payable by the Licensee to the Licensor on demand. The Bond is forfeited if the Licensee: breaches any of the terms and conditions of this Licence. The Licensor agrees to return the Bond on the later of: the date the Licensee has complied with all obligations under this Licence; and End of Term. The Bond will be forfeited if the Licensee terminates a function, with or without police assistance. Complaints from residents in the vicinity of the Facility may result in the forfeiture of the Bond. The Bond may be forfeited if the booking for the Facility is cancelled with less than 2 weeks prior written notice to the Licensor. RELEASE, INDEMNITY & EXCLUSION OF LIABILTY 10. The Licensee hereby indemnifies the Licensor from and against all actions, suits claims & demands of whatsoever nature arising out of or in any way concerning the use of the Facility. In the event of the Licensee using the toys, playground equipment and other equipment located at the facility, the Licensee is aware of and acknowledges that the use of the toys, REVISED & UP-DATED 10/12/2013 Page 8 of 9

9 playground equipment and other equipment is an inherently dangerous undertaking and in engaging in such activities does so at their own risk. The Licensee further acknowledges and agrees that it is a condition of their use of such toys, playground equipment and other equipment that the Licensee, its heirs, executors and administrators forever release, discharge and indemnify the Licensor from and against all liabilities, claims, damages or costs howsoever caused (whether fatal or otherwise) arising out of, or in anyway connected with the use of the toys, playground equipment and other equipment or in any way whatsoever due to any negligent act, breach of contract, breach of statutory duty, any other breach of duty, default and/or omission on the part of the Licensor. REVISED & UP-DATED 10/12/2013 Page 9 of 9