Conditions of Use - Cessnock City Council

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application it will be assessed and a Centre Hire Agreement and tax invoice for the fees and bond ... Regular bookings of the Centre will incur a one off.
Cessnock Performing Arts Centre Conditions of Use DEFINITIONS Throughout these Conditions, the terms ‘Centre Management’, ‘Council’, ‘Centre’ and ‘Hirer’ have the following meanings: ‘Centre Management’ means Cessnock City Council appointed Manager/Managing Body who is responsible for the care and management of the Cessnock Performing Arts Centre. ‘Council’ means Cessnock City Council, including the General Manager and other authorised Council Officers. ‘Centre’ means the facility located at 198-202 Vincent Street, Cessnock, named the Cessnock Performing Arts Centre. ‘Hirer’ means the person or organisation that has entered into a Centre Hire Agreement with Centre Management and/or Council for use of the Centre.

GENERAL INFORMATION APPLICATIONS AND CHARGES 1. APPLICATIONS, HIRE FEES AND CHARGES Applications for hire of the Centre may be made in writing on the form provided for this purpose, by email at [email protected] or by phone on (02) 4993 4200. On receipt of your application it will be assessed and a Centre Hire Agreement and tax invoice for the fees and bond will be forwarded. The Agreement must be completed, signed and returned to Council with payment. Payment must be made within 14 days and no later than one week prior to the function. Hiring process – PERFORMANCES The following staged process relates to bookings for both professional and non-professional performance based events: First Pencil: A hirer may request date/s to be set aside by contacting the centre on (02) 49 93 4200 or emailing [email protected]. The dates set aside will not be released to another client without prior consultation. A schedule of fees and charges and technical specifications will be provided. However, should another client be prepared to go to contract we CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE

will require you to confirm your booking and pay the required deposit within 7 days. If the booking is no longer required the venue must be notified immediately.

Second Pencil: Hirer confirms booking date/s and requirements. A contract will be prepared, and a deposit based on an estimate of charges, will be requested. The deposit must be paid within 7 days. Confirmed Booking: The booking is confirmed when a signed copy of the venue contract and deposit has been received. The completed ticketing information schedule is also required at this time. Council will not confirm the booking, grant access or put tickets on sale until the venue contract/agreement is signed and returned to Council with the, deposit, bond and fee payment. The Centre will be available for hire at the fee stated in the Cessnock Performing Arts Centre Fees and Charges Schedule. Council reserves the right to impose additional fees and/or conditions resulting from its assessment of the function. Hire fees and charges will be reviewed annually and all bookings made prior to the implementation of any increase in fees and charges will incur these increases. Bonds will be refunded within one week from the end date of hire provided the Hirer has fully complied with the Centre Hire Agreement. Regular bookings of the Centre will incur a one off bond redeemable at the end of each financial year. 2. TICKETING All ticketing must be administered through the Centre’s electronic ticketing system (currently SEAT ADVISOR) and be set up by the Centre's management in consultation with the hirer. A minimum charge of $1.00 applies to ALL tickets priced at $10.00 and under. Ticketing above this will incur inside charges and booking fees which must be included within the advertised selling price of individual tickets. Upon completion of the performances a box office report showing the total ticket sales and charges will be provided to the hirer for accounting purposes. 3. CLEANING Cleaning charges are based on the number of hours taken to clean the various areas within the facility that have been utilised by the hirer. Charges are listed in the fees and charges schedule. 4. KEYS Where keys are issued to Hirers for access to the Centre these keys must not be given to any other group or person. Keys are to be picked up and returned as specified by Centre Management. In the event of an issued key being lost or damaged the Hirer will be charged for the full cost of replacement. 4. OTHER CHARGES

CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE

The Hirer will be responsible for any fee which may become necessary as a consequence of the use of the Centre by the Hirer which might be caused by persons in the Centre at the invitation of, or with the consent of the Hirer. These may include, but are not limited to, cleaning fees, unauthorised use of fire equipment, failure to secure property or damage to the facility, equipment and/or grounds. These fees will be automatically deducted from the Hirers bond. If the fees exceed the bond amount, an account will be sent to the Hirer to recover the remainder. 5. CANCELLATION If the Hirer cancels a booking, at least 48 hours notice must be given in order to receive refund of any payments made for the hire of the Centre. Council reserves the right to cancel any booking which falls on a Government Election Day, or at any time when the Centre is required for Council’s use. If this happens, Council will refund all payments, but will not be liable for any loss incurred by the Hirer.

6. REGULAR BOOKINGS Regular bookings may be made for a maximum period of twelve (12) months at a time, but the Hirer of the Centre on a Saturday evening is restricted to two (2) consecutive weeks unless a further application has been approved*. Council reserves the right to relocate regular bookings during performance seasons. Council will either relocate the regular booking to another room in the facility; or seek similar alternate space at a nearby facility. *The intention of this condition is to provide opportunities for hire of the centre to as many groups as possible during this period

7. FACILITIES KITCHEN Hot water and refrigerator are available for use by Hirers of the Centre. The Hirer will be required to provide their own crockery, cutlery, pots and pans, tea towels and detergent. Under no circumstances shall there be any burners such as barbecues or spit roasts lit inside any part of the Centre unless approved by Centre Management. TABLES AND CHAIRS Tables and chairs are provided in all parts of the Centre with the exception of the Theatre. The Hirer is responsible for arranging tables, chairs and other furniture as required and, at the conclusion of the booking, for leaving all furniture as originally found.

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It is expected that the Centre will be left in a condition suitable for immediate use at all times. CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE

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Where the Centre is considered unsuitable for use at the commencement of a booking, the Hirer should immediately notify the Centre Management, or telephone the after hours number provided. This will indemnify the Hirer against any claim by Centre Management for loss of property or damage to the building or grounds. At the conclusion of the booking any spillage of food, liquid or other material is to be removed from all surfaces including the toilet area. All goods, materials or property bought into the centre by the Hirer, or any other person attending the function, must be removed by the end of the booking. 8. FURNITURE The Hirer is responsible for all contents in the Centre during the period of the booking. Under no circumstances is the Hirer to allow furniture or equipment to be removed from the Centre unless approved by Centre Management, and only when a representative of Centre Management is in attendance.

9. CATERING/KITCHEN The preparation of food and beverages shall be confined to the kitchen area. Grease and food scraps are NOT to be washed down the sink. Caterers and others using the kitchen must leave it in a thoroughly clean condition. 10. BUILDING DECORATIONS AND EQUIPMENT No changes shall be made to any area without the approval of Centre Management. This includes affixing decorations or items of equipment, painting or marking any surfaces, and similar activities. Under no circumstances are fabrics and furnishings that do not carry a fire retardant certification permitted in the auditorium. 11. BURNERS AND FIREWORKS Under no circumstances shall there be any burners (barbecues/spit roasts), fireworks or other flammable materials, or smoke making devices used inside the building unless prior approval is received from Centre Management. 12. ELECTRICAL The Hirer is responsible for turning on any electrical requirements at the commencement of a booking, and for turning these off at the end of the booking, with the exception of the refrigerator which is to remain switched on. 13. ENTRY/EXIT AFTER HOURS

CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE

Hirers who have been issued keys, proxy readers or codes will be responsible for the opening, closure and security of the Centre. Keys, proxy readers or codes will be issued at a convenient time for Centre Management. Hirers must ensure that the building is totally secured on exit. Failure to secure the building (including turning off lights and locking all doors and windows) before leaving shall result in the Hirer being held liable for any loss or damage to property or furniture incurred as a result of the building being left unsecured; and/or forfeit of any bond.

SAFETY AND SECURITY 14. FIRE EXTINGUISHERS AND EQUIPMENT Under no circumstances shall there be any interference with the fire fighting or other emergency equipment in the Centre except in the case of a fire. In the case of a fire or similar emergency dial 000 on the closest available telephone and evacuate the building. 15. EXITS, AISLES AND PASAGEWAYS All passageways, aisles and exits shall be kept clear and useable to ensure public safety.

16. CLOSURE OF DOORS AND/OR REFUSAL OF ADMISSION For safety and security reasons Centre Management or Cessnock City Council officers may at their discretion cause the entrance doors to the Centre be closed and/or refuse admission to any person. Centre Management and/or Council may TERMINATE any function that has become disorderly.

REGULATIONS/ACTS/LAWS 17. LOSS OR DAMAGE The Hirer will be held responsible for, and be required to make good, any loss or damage to property or furniture, appliances or fittings. Council and Centre Management accepts no responsibility for any loss or damage to any property whatsoever belonging to either the Hirer or any other person attending the function. 18. INDEMNIFICATION AND INSURANCE The Hirer shall indemnify Council and Centre Management, and their servants against any claims, costs or penalties whatsoever that may arise from the Hirer’s negligence during the period of the hire of the Centre.

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To hire Cessnock City Council community facilities the Hirer must have Public Liability Insurance to the value of at least $10,000,000 for any one claim. This insurance is required to protect them against any claim, which may arise from the activities they are organising in the building. 19. LOST PROPERTY Official representatives of Centre Management and Council are the only persons authorised to enter, examine and search the Centre for lost property. Any lost property recovered by any person must be lodged with Centre Management or Council. 20. COPYRIGHT LAWS The Hirer is to obtain any necessary licence and pay any royalty under the Commonwealth Copyright Act or any other Act, as required. 21. ADVERTISING Advertising will only be permitted on boards provided for this purpose. Centre Management’s approval is required prior to the erection of advertising signs.

22. SUB-LETTING Sub-letting of any part of the Centre is PROHIBITED and will not be recognised under any circumstances. 23. ANIMALS ON THE PREMISES No animals shall be allowed in the Centre except those trained to assist persons with disabilities. 24. SMOKING ON THE PREMISES Smoking is not permitted in any part of the Centre. 25. DISORDERLY CONDUCT AND NOISE The Hirer shall take all reasonable steps to prevent disorderly conduct in the Centre and grounds throughout the period of the hire. Noise levels are to be kept to a minimum at all times to avoid disturbance to surrounding residences. The unauthorized use of any amplification outside the Centre is strictly prohibited. Auction Sales, other than those conducted on behalf of the Council are subject to the approval of a Development Application lodged with Council. 26. DISPUTES In the event of any dispute arising as to the meaning of any of these terms and conditions, or between the Hirer and any representative of Centre Management, the decision of Centre Management or Council shall be final. CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE

27. FAILURE TO COMPLY WITH CONDITIONS OF USE Failure to comply with any part of these Conditions of Use shall result in the Hirer being held liable for any costs incurred by Centre Management or Council as a result of the non-compliance; and/or forfeit of any bond.

EMERGENCIES Should an emergency occur involving window breakage or if the building cannot be secured Hirers should call Council’s after hours 49 407816. Hirers are not to leave the building until it is secured.

CONDITIONS OF USE CESSNOCK PERFORMING ARTS CENTRE