1.1 In these terms and conditions of hire:
1.1.1. Casual Hirer means a causal hirer is based on an individual, or hirer booking the facility less than 12 times per calendar year and it not a fixed term hirer;
1.1.2. Regular Hirer means a regular hirer is based on an individual, sporting club or organisation booking the facility more than 12 times per calendar year and received an allocation to use the venue or part thereof on a regular, standing basis;
1.1.3. Special event means a public gathering of people brought together for a common purpose by pre-arranged activities, programs or activations;
1.1.4. City means City of Cockburn’s administration and The City;
1.1.5. Cockburn ARC means Cockburn Aquatic & Recreation Centre;
1.1.6. Hire Period means the period during which the venue will be hired to the hirer, as per the booking application form application form and subsequent confirmations;
1.1.7. Hirer means the party having applied to make use of the venue by completing the booking application form application. The expression includes the employee, agents and representatives of the hirer.
1.1.8. Conditions of Entry means the conditions of entry and as advised by the City from time to time regarding the use of the venue;
1.1.9. Rules means the rules for the facility;
1.1.10. Security bond means the bond described as such in the booking application form, which vary’ s based on risk assessments;
1.1.11. Venue means the facilities to be hired to the hirer, as described in the booking application form and, where the context permits, includes any common areas or ancillary facilities available to the hirer’s use during the hire period;
1.1.12. Booking application form means the form adopted by the City from time to time as the document the hirer must complete and agree to in order to apply to make use of the venue.
1.1.13. Invoiced hirers all recognised and pre-approved organisations, clubs, schools and not-for profits who receive a written invoice for account settlement within 30 days. Payment terms are strictly 30 days for all invoiced accounts. Payments must be made on a monthly basis.
1.1.14. Non-invoiced hirers hirers who are required to settle accounts via cash or credit card prior to each booking date.
2. Booking application
2.1. Applicants must be over the age of 18 years and provide valid proof of age upon request of Cockburn ARC employees.
2.2. Approved hirers cannot transfer the right of use to another person, group or organisation
2.3. Applicants must complete and agree to all conditions as part of the booking application form prior to submitting.
2.3.1. Where a booking request is made on behalf or an organisation, the person who makes the booking must certify that he/she has the necessary authority to make the booking and include his/her personal contact details as well as those of the organisation on the booking application form.
3. Hirer's risk/release and indemnity
3.1. Subject to rights under the Australian Common Law, the hirer will hire and make use of the facility at its own risk.
3.1.1. The intent of the booking and the responsible individual or organisation must be stated as part of the application.
3.1.2. Any variance from the stated purpose or user group may result in, further charges, loss of bond, cancellation of booking and/or jeopardise future bookings.
3.2. To the extent permitted by law, including any rights the hirer may have under the Australian Common Law, the hirer releases the City from all claims which the City incurs or is liable for in connection with:
3.2.1. Damage, loss, injury or death to any person; Damage, loss or injury to property;
3.2.2. The exercise by the City of a right to use these conditions of use;
3.2.3. The state of repair or condition of the venue; or
3.2.4. Any services provided at the venue, directly or indirectly connected with use or occupation of the venue during the hire period, expect to the extent to which any claim arises solely as a result of the negligent or wilful act or omission of the City.
3.3. The hirer indemnifies the City against all claims which the City incurs or is liable for in connection with:
3.3.1. Damage, loss, injury or death caused or contributed to the hirer’s agents or representatives;
3.3.2. The default in the performance or observations of an obligation of the hirer under these conditions of use;
3.4. The hirer’s use and occupation of the venue during the hire period; or
3.5. The services provided to the venue, expect to the extent to which any such claim arises solely as the result of negligent or wilful acts or omissions of the City.
3.6. Each indemnity in this cause or elsewhere is these conditions of use is:
3.6.1. A continuing obligations of the hirer and remains in full force and effect until after the period of hire as expired; and
3.6.2. A separate and independent obligation of the hirer.
4.1. The hirer must take out and maintain at all times during the period a current policy of public liability insurance with an insurer acceptable to the City and with minimum insurance coverage of $20 million per event.
4.1.1. The hirer must provide evidence to the City, in the form of a certificate of currency to the effect that all insurances required under this clause are in place and will remain current at all times during the hire period, at least two days prior to the first day of the hire period.
4.1.2. If the services of third parties are utilised by the hirer at the facility during the hire period, the hirer must provide evidence that third parties carry public liability insurance with minimum coverage of $20 million per event.
4.2. In the case of a fixed term hirer, the interest of the City must be noted on the relevant policy of insurance.
4.3. If the hirer does not have a policy of public liability insurance at the time of completing the booking application form:
4.3.1. The City may in its absolute discretion and subject to such conditions as it thinks fit, grant an exemption from this requirement. An exemption will only be effective if granted in writing;
4.3.2. The City may, at the request of the hirer and in its unfettered discretion, endeavour for the hirer to be covered under a The City -purchased public/product liability insurance policy, subject to the policy terms, conditions and exclusions. The hirer will be advised upon confirmation of the booking whether or not a request for such insurance has been successful.
4.4. Where clause 4.3 applies and the hirer’s request thereunder is successful:
4.4.1. If an event occurs that is an insurable event or would otherwise be an insurable event had insurance been taken out and maintained under this clause, the hirer must immediately make contact with their Cockburn ARC representative and inform that person of the circumstances leading to and the nature of the insurable event (or what would otherwise be an insurable event);
4.5. Where a claim is made under an insurance policy maintained by The City, the hirer acknowledges and agrees that:
4.5.1. The City’s responsibility will only extend to facilitating the lodgement of a claim and the City will not be obliged to participate in any dispute the hirer may have with the insurer under the policy referred to in clause 4.3.2.
4.5.2. The hirer must pay to the insurer any deductible or other payment required under the relevant policy of insurance and the City will not under any circumstances reimburse the hirer for payment of any deductible nor pay the hirer any sum equivalent to the amount of any amount denied or reduced under the hirer’s claim.
4.5.3. The hirer acknowledges and agrees that the City shall not be directly or indirectly responsible for any loss or damage, howsoever caused, to any personal property whatsoever belonging to either the hirer or any person attending the venue. The hirer should arrange its own insurance in respect of these risks.
4.6. For the avoidance of doubt, the City is not liable for, nor does the City’s insurance cover extend to injuries sustained by participants whilst undertaking sporting activities at the venue. Insurance of this nature is the sole responsibility of the hirer.
4.7. The hirer indemnifies the City from liability however arising in connection with or incidental to the circumstances giving rise to a claim under an insurance policy referred to in clause 4.5 and 4.5.1.
5.1. Cancellation or changes to any booking must be received in writing at least 24 business hours prior to the scheduled commencement of the booking.
5.1.1. The hirer can make a request to reschedule the intended booking date with more than 24hours notice and subject to the availability of the facility. A new booking date must be supplied at time of request.
5.1.2. Any cancellations or no shows not made prior to 24 hours will be on charged to the hirer.
5.1.3. Strictly no refunds will be offered
5.2. A minimum of 4 weeks’ notice is required for all special events. A cancellation fee equal to 50% of the full hire charge will be applicable.
5.3. A cancellation fee equal to 100% of the full hire charge will be applicable to all special events who provide notice of cancellation with less than 2 weeks’ notice
5.4. A fixed term hirer cannot cancel a hire allocation except in accordance with the terms on which the allocation was granted.
5.5. Where notice of cancellation is given by a regular or casual hirer less than 14 days prior to the first day of the hire period, no refund of the security bond or hire fees will be made.
5.6. Notwithstanding any other provision of these conditions of use and regardless of whether a booking confirmation has been issued, the City expressly reserves the right to cancel any booking at any time, without giving any reason or to refuse to accept any hire of the venue in which case, a full refund of all monies paid will be made.
5.7. All booking application forms will be subject to the City’s Priority of Use Schedule. The City reserves the right to relocate or reschedule a booking to ensure accordance with the policy as/and if required. The centre will ensure as much notice as possible is provided should this affect your booking.
5.7.1. Priority of Use Schedule
188.8.131.52. Priority 1 – Cockburn ARC or Council managed activities, programs, games, practices, sports and tournaments.
184.108.40.206. Priority 2 – Cockburn ARC partner activities or co-sponsored activities, programs, games and functions.
220.127.116.11. Priority 3 - All organisations that have been through an expression of interest process and recognised with an official annual allocation at Cockburn ARC by Council for providing relevant programs or services that do not conflict with priority 1 programs and services.
18.104.22.168. Priority 4 - All schools located within the City of Cockburn boundaries.
22.214.171.124. Priority 5 - Other City of Cockburn supported or government agency supported activities, programs and meetings.
126.96.36.199. Priority 6 – Special events
188.8.131.52. Priority 7 – Regular hirers
6. Security bond
6.1. The security bond is payable by the hirer at the time of booking the venue and will be held by the City as security against any damage caused to the venue during the hirer period and/or breach of these conditions of use by the hirer.
6.2. Deductions may be made by the City from the security bond for any reasonable cause including but not limited to:
6.2.1. Damage caused to the venue or any venue fixture, fittings or furniture during the hire period;
6.2.2 The removal, disposal or storage or any property left at the venue by the hirer or any person attending at the venue during the hire period with the express, implied or apparent authority of the hirer; and
6.2.3. Costs and expenses incurred by the City as result of a breach of any of these conditions of use by the hirer.
6.3. Where the amount of the security bond is not sufficient to cover any sum payment under clause 6.3.1; 6.3.2 and 6.3.3 The hirer will be liable to pay the difference of amount within 30 days of receipt of an invoice from the City.
6.4. Subject to clause 6.3, a refund of the security bond will be made within 21 days of the conclusion of the hire.
7. Catering and liquor
7.1. The sale, supply, distribution or consumption of alcohol is not permitted at the venue at any time.
7.2. Cockburn ARC agrees to grant Beaumonde Hospitality Australia exclusive right to sell all food and beverage products to the public within the Cockburn ARC complex (internal areas including all pool areas and drink vending machines in the gymnasium), with the exception of the following (unless otherwise agreed by Cockburn ARC and Beaumonde Hospitality Australia):
a) Areas subject to a third party tenancy.
b) Any community fundraising activities and in that regard Beaumonde Hospitality Australia acknowledges that recreational clubs (e.g. swimming) operating from the Centre shall have the right to conduct their own fundraising activities from time to time, including sausage sizzle and drink sales, subject to prior approval by Cockburn ARC management.
8. General provisions of use
8.1. Must not use smoke machines, candles or naked flames of any sort at the venue;
8.2. Must not use live bands / DJ’s or music machines without unless the prior written approval of the Manager Cockburn ARC.
8.2.1. If approved, it is the applicant’s responsibility to ensure that their program/service is licences appropriately through Music license/s through the Phonographic Performance Company of Australia (PPCA) & the Australasian Performing Right Association (APRA) will need to be obtained by the hirer.
8.2.2. Noise levels must comply with Environmental Protection (noise) Regulations 1997.
8.3. Shall not carry on any activity at the venue which is dangerous, noxious, offensive, illegal, excessively noisy or objectionable and this includes the conduct of unauthorised lotteries and gambling;
8.4. Must not cause inconvenience to or impact adversely on nearby residents or persons in adjoining areas of the venue or properties and must leave the venue in a quiet and orderly manner so as not to disturb others;
8.5. Must vacate the venue at the conclusion of the hire;
8.6. Acknowledges that smoking is strictly forbidden at the venue other than in designated outdoor smoking areas.
8.7. Must not attach posters or advertising material of any description to any surface of the venue building;
8.8. Must not pierce any floor, wall, outdoor surface including turf or other part of the venue or any fitting or fixture therein whether by the use of nails, tacks, screws, stakes or otherwise;
8.9. Shall be responsible for, and shall make good, any loss or damage occasioned to the venue including venue furniture, fittings or other property during the period of the hire and shall be responsible for, and shall make good, any loss or damage occasioned to any part of the venue which is not the subject of the hire;
8.10. Is solely responsible for the provision and arranging of first aid or medical services and associated equipment in connection with the hire activity;
8.11. Shall observe the Cockburn ARC conditions of entry and rules and all statutory rules and regulations applicable to the hire, including without limitation, City of Cockburn Local Laws 2000.
8.12. Acknowledges that live animals are prohibited at the venue;
8.13. Acknowledges that tents, marquees and inflatable amusements are prohibited at the venue unless the prior written approval of the City is obtained; and
8.14. Acknowledges that hawking, selling, disposing or supplying anything whatsoever is prohibited at the venue unless the prior written approval of the City is obtained.
9. Specific provisions of use
9.1. Shall obtain all necessary third party consents from parties with an interest in the copyright or other performing rights of any materials used by the hirer during the hire activity. The hirer indemnifies the City from all claims relating to copyright infringement however arising out of or in connection with the hirer’s use of the venue during the hire period;
9.2. Shall pay such further charges as are determined by the City if the venue is used outside of the agreed hire period;
9.3. Shall promptly comply with all requirements and directions of Manager Cockburn ARC or any other member of Cockburn ARC staff that the City determines is appropriate to give such directions in relation to the use of the venue and the hire activity;
9.4. Shall supervise all persons attending the venue for the purpose of the hire activity to the entire satisfaction of the City and shall be responsible for the conduct and behaviour, including compliance with these conditions of use, of all its employees, agents, contractors, invitees and participants in the hire activity.
9.5. Must have at least one (1) decision maker/senior member of the organisation present, in charge of the group and supervising at all times;
9.6. Agrees not to use any audio, photographic, video or electrical equipment at the venue without prior written consent of the City.
9.7. Must only use the specific part of the venue as is stated in the booking application form application form and for the specific purpose as is stated in the booking application form;
9.8. Acknowledges that it has satisfied itself that the venue is fit for the purpose of the hire activity;
9.9. Must provide a risk management plan prior to the booking/event for review and approval by Centre Manager upon request.
10. Electrical compliance
10.1. All portable electrical equipment must be regularly inspected and tested in accordance with the OSH regulations, as appropriate.
10.1.1. All electrical items must be tested and tagged by a licenced electrician prior to arrival onsite.
10.1.2. Cable trays must be provided for all electrical leads, arranged and provided by the hirer.
10.2 The hirer will be responsible for any costs incurred due to electrical outages at the centre and/or repairs caused as a result of non-compliant equipment or overloading of outlets and circuits.
11.1. No exotic dancers, nudity or entertainment alike is permitted in the venue.
11.2. No confetti, rice, flower petals or similar material to be used
11.3. Smoke/fog machines are not permitted as they interfere with the alarms. Charges will apply for alarm activation.
11.4. Smoking is prohibited within the facility and within a 10 metre radius of doors, windows and vents.
11.5. No event or activity that is deemed to be in direct competition to the services or products offered at Cockburn ARC or that of their co-sponsors or venue partners will be accepted.
12. Cockburn ARC rules
12.1. The City may from time to time make and amend the Cockburn ARC rules and conditions of entry, provided those rules are not inconsistent with or in derogation of the rights of the hirer under these conditions of use. Cockburn ARC rules may relate to:
12.2. The use, safety, security, care, management and cleanliness of the venue (or any part of it);
12.3. The preservation of good order of the venue (or any part of it);
12.4. The comfort of persons lawfully making use of the venue (of any part of it);
12.5. The closure of the venue during the hire period (or any part of it).
12.6. The hirer will be bound by Cockburn ARC rules as if those rules were reproduced, in full, in these conditions of use.
12.7. The Cockburn ARC rules and terms and conditions are public in whole or in part:
12.7.1 On the Cockburn ARC website; and
12.7.2 In signage situated in and around Cockburn ARC
13. City of Cockburn responsibilities
13.1. The City of Cockburn will make every effort to provide the hirer with a clean and tidy venue.
13.2. The City of Cockburn will take every reasonable care and precaution to ensure that all utilities, services and equipment are in proper working order, but will not accept responsibility for breakdowns beyond its control.
13.3. The City of Cockburn is not responsible for any damage, theft or loss of items belonging to or the responsibility of the hirer.
14. Completion of use
On the completion of each occasion of use, the hirer:
14.1. Shall ensure that the venue is left in a clean condition;
14.1.1. Shall immediately remove from the venue any property (including without limitation, equipment or personal effects) whatsoever brought onto the venue during or for the hire activity by any person and make good any damage to the venue caused by the removal;
14.1.2. Acknowledges that any property not removed from the venue immediately upon the conclusion of the hire shall be treated as abandoned and may be disposed of as the City considers fit;
14.1.3. Shall return tables and chairs to the designated areas;
14.1.4 Shall ensure that all rubbish, appropriately separated, is placed in the bins provided or removed from the venue;
14.1.5. Shall promptly report any damage or malfunction in relation to the venue to the Bookings and Events Officer or Duty manager; and
14.2. Shall vacate the venue by the agreed vacation time allowing for packing up time in the booking time.
15.1. Any breach of these conditions of use including failure to pay any amount due within the stipulated time may, at the option of the City, result in consent to the use of the venue being withdrawn, the security bond being withheld or, further bookings by the hirer not being accepted without any further liability being incurred on the part of the City.
16. Managing emergencies and reporting incidents
16.1. The hirer is responsible for determining that the facility is fit for purpose and suitable for their activities. Any identified risk and/or damage relating to the Centre must be reported immediately to the Booking Officer or Duty Manager.
16.2. The hirer must familiarise themselves with the evacuation plan on display at the centre before commencing any activities and in particular note the location of the emergency exit doors.
16.3. The hirer is responsible for ensuring that fire doors and emergency exit doors are not obstructed throughout the booking/event.
The placing of furniture, boxes or any other item or structure within two (2) meters or within the areas of the emergency exits is prohibited.
16.4. Fire equipment provided throughout the centre is for emergency use only. Misuse of this equipment will incur fees for repair and replacement and can result in the forfeiting of the bond.
16.5. The hirer must provide full details of any incident that occurs during a booking/event that resulted in the attendance of emergency services, damage to Centre property or injury to a guest. These details must be provided within 24 hours after the event.
16.6. We may be required to use all or part of the facility during emergencies or natural disasters, including providing and coordinating support to those affected by bushfire or heatwaves. You may not be able to access or use all or part of the facility during these periods.
A full refund will be given in this circumstance.
17. Disputes and complaints
17.1. If a dispute arises concerning a booking/event or you have any complaints about the facility or staff, please provide written notice of the dispute or complaint.
17.2. We will contact you as soon as possible to to discuss and endeavour to resolve the dispute or complaint.