The rules, Conditions of Entry, and hire requirements of our Booking agreement.
1. Definitions
a. Bond: the payment held in trust by the City for the duration of a Hire
Period. The Bond is fully refundable at the end of a Hire Period, subject to all Terms and Conditions being met.
b. Regular Bookings means 12 or more bookings in one calendar year
c. Casual Booking: 11 or fewer bookings in one calendar year.
d. Booking Request Form: the document the Hirer must complete and agree to in order to apply to make use of the Facility supplied by the City.
e. Business Days: Monday to Friday, 8am to 5pm.
f. Centre/Facility: Cockburn Aquatic and Recreation Centre
g. City: refers to City of Cockburn
h. Cockburn ARC: Cockburn Aquatic and Recreation Centre of the City of Cockburn
i. Commercial Booking: Any corporate group and/or individual receiving money for the provision of services.
j. Community Booking: Incorporated groups, not for profit groups or individuals who are not using the facility for coaching or commercial gain.
k. Conditions of Entry: the Cockburn ARC Conditions of Entry which apply when entering the Facility.
l. External Coaching Policy: any coaching, training or instruction that is provided by individuals who are not incorporated will be classified as a commercial entity.
m. Expression of Interest: the annual process of submitting regular booking requests for clubs, associations and schools for a 12 month Hire Period.
n. Fees and Charges Schedule: the annual fees and charges set out and endorsed by the City of Cockburn Council for a range or programs and services.
o. Hire Period: the agreed-upon timeframe the Hirer is authorised to use the Facility, as specified in the Booking Request Form, subject to compliance with all Terms and Conditions
p. Hirer: the person, person's society, association, club, company or other body making application for the use of the Facility in whole or part.
q. Priority of Use Policy: the priority of uses when there are conflicting requests for the use of a Facility
r. Public Liability: insurance held by an organisation, club or individual if a member of the public is injured or has their property damaged during the course of your work, or while using your products or services. It covers compensation you’re liable to pay and your reasonable legal fees incurred to defend a claim against you.
s. School Booking: Any hire arranged directly by the School.
t. Special Event: unique event outside the normal range of programs and activities, which is a one off or infrequent event likely to draw a large crowd.
u. Bond refers to a payment held in trust by the City for the duration of a hire period. The bond is fully refundable at the end of a hire period subject to all terms and conditions being met.
2. General Booking Requests
2.1. Regular Bookings (12 or more bookings in one calendar year) are reviewed annually by Cockburn ARC through an Expression of Interest process. Permanent bookings are not permitted.
2.2. Casual Bookings (11 or fewer bookings in one calendar year) for the following calendar year will be confirmed after the Expression of Interest process for Regular Bookings has been finalised. Applications must be lodged via the appropriate Cockburn ARC online Booking Request Form with minimum of 7 days notice.
2.3. All applicants must be aged 18 years and over and provide valid proof of age upon request.
2.4. The intent or purpose of the booking and the responsible individual or organisation must be stated as part of the booking. 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.
2.5. Applications for aquatic lane hire will be rejected for all personal individual use, lane hire will only be considered subject to availability for sporting bodies, clubs, associations, corporations and incorporated bodies.
2.6. Cockburn ARC reserves the right to cancel existing bookings in the event a Hirer breaches the External Coaching Policy.
2.7. Cockburn ARC may impose additional Terms and Conditions appropriate to the proposed hire purpose and may refuse an application for hire without reason for refusal.
2.8. The Hirer is not permitted to display promotional materials within the Facility unless prior written approval by the City has been provided.
2.9. Where booking requests made on behalf of an organisation, the booking representative must certify that they have the necessary authority to make the booking.
2.10. The booking representative must provide their personal contact details in addition to those of the organisation on the Booking Request Form.
2.11. Bookings are not confirmed until written confirmation is provided by the City.
2.12. All bookings will be subject to the City’s Priority of Use Policy. The City reserves the right to relocate or reschedule a booking to ensure accordance with the policy as/and if required. The City will ensure as much notice as possible is provided to any affected booking.
2.13. Requests to change the purpose or intent, length or resources associated with existing bookings, exclusive of Special Events must be received at least five (5) Business Days prior to the scheduled commencement of the booking.
2.14. The Hirer may request to change the booking date with at least seven (7) Business Days' notice, subject to the availability of the Facility. A new booking date must be supplied at time of request, with only one (1) approved change of date available per booking.
2.15. The Hirer may make only one (1) approved change to the original bookings, any subsequent changes to the original booking will be denied without refund.
2.16. Any no shows will be charged to the Hirer, strictly no refunds will be offered
3. Special Events
3.1 Applications must be lodged via the Booking Request Form.
3.2 All applicants must be aged 18 years and over and provide valid proof
of age upon request. The intent or purpose of the booking and the responsible individual or organisation must be stated as part of the booking. 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.
3.3 Bookings are not confirmed until written confirmation is provided by the City.
3.4 Cockburn ARC may impose additional Terms and Conditions appropriate to the proposed hire purpose and can refuse an application for hire without assigning any reason for refusal.
3.5 A minimum of six (6) weeks’ notice is required for all Special Event booking requests.
3.6 A booking fee of 10% of the total booking cost must be paid at the time of booking. The booking will not be confirmed until the booking fee has been received. This fee is non-refundable and will go towards the full amount due, however will be forfeited in the case of cancellation.
3.7 An invoice will be sent on confirmation of booking and payment is required in full thirty (30) days prior to your event.
3.8 Cancellations and booking adjustments must be made in writing.
3.9 The Hirer can make a request to reschedule the intended booking date with at least fourteen (14) Business Days' notice and subject to the availability of the Facility. A new booking date must be supplied at time of request.
3.10 The Hirer may make only one (1) approved change to the original booking, any subsequent changes to the original booking will be denied.
3.11 A cancellation fee equal to 50% of the full hire charge will be applicable to Special Event bookings who provide notice of cancellation with less than six (6) weeks’ notice
3.12 A cancellation fee equal to 100% of the full hire charge will be applicable to Special Event bookings who provide notice of cancellation with less than two (2) weeks’ notice
3.13 The Hirer is not permitted to display promotional materials within the Facility unless prior written approval by the City has been provided.
3.14 The Hirer acknowledges that if they are hiring the Facility for the purpose of hosting a Special Event, they will be required to abide by the Booking Agreement, Terms and Conditions and any special conditions as outlined in the confirmation letter.
3.15 The Hirer must provide an event management and risk management plan thirty (30) days prior to the booking/event for review and approval by the City. Failure to provide these documents may result in cancellation of the booking.
3.16 The Hirer must provide all first aid equipment and supplies required during the booking.
3.17 The City may deem a booking to be “high risk” which requires additional security and first aid arrangements to be confirmed in writing by the City.
1. High risk bookings may be required to arrange licensed security providers on site at all times during the booking and must remain on site until all guests have departed at the conclusion of the booking.
2. The Hirer may be required to arrange professional first aid or medical services and associated equipment in connection with the hire activity.
3. The Hirer must provide a copy of the Public Liability Insurance policy of the security provider and first aid provider along with an invoice for payment. The Hirer will be responsible for all costs associated with the hire of licensed security and first aid providers.
4. Fees
4.1. All fees are inclusive of GST where applicable.
4.2. Fees are reviewed at least annually by the City and are subject to change.
4.3. Fees are set in accordance with the City of Cockburn Fees and Charges Schedule.
4.4. The Hirer agrees to pay the Fee as outlined in the Booking Agreement and Terms and Conditions.
4.5. If the Hirer requests additional equipment or services outside of the Booking Agreement, additional fees may apply.
4.6. The Hirer acknowledges and agrees to pay the Fee as outlined in the Booking Request Form.
4.7. Payment of the Fee does not grant the Hirer automatic approval for subsequent bookings.
4.8. Fees will apply to the Hire Period and any extension of the Hire Period which may include setting up and cleaning of the Facility.
4.9. Hirer’s with a Regular Booking agreement will be invoiced at the beginning of each month for the previous month’s hire. Payment is due within thirty (30) days from the date of invoice.
4.10. Non-payment may result in the cancellation of future bookings.
4.11. Hirer’s with a Casual Booking are required to be paid in advance, two weeks prior to each booking
4.12. Non-payment will result in the cancellation of the booking.
5. Bond
5.1. A Bond is required for all bookings.
5.2. The Bond will be refunded in full within thirty (30) days after the event, provided all Terms and Conditions of the booking are met.
5.3. The Bond will be forfeited if:
5.3.1. There is damage to the Facility, fixtures, fittings equipment or furniture.
5.3.2 Any property is left at the Facility during the Hire Period
5.3.3 There is a breach of the Terms and Conditions.
5.3.4 The Facility is not left in a clean and tidy condition.
5.3.5 The booking extends beyond the agreed upon time.
5.4. If the Bond is insufficient to cover all costs, the Hirer will be invoiced the outstanding amount, and payment is required within thirty (30) days of the invoice date.
6. Insurance and Liability
6.1. If the hirer is deemed a sporting body, club, association, corporation, incorporated body, school or coaching you must hold current Public Liability insurance with a minimum coverage of $20 million.
6.2. The Hirer is required to provide a certificate of currency for Public Liability to Cockburn ARC no later than seven (7) Business Days prior to the Hire Period commencement.
6.3. The Hirer must ensure that all individuals participating in the hire activity are covered by their insurance.
6.4. The Hirer acknowledges that they are responsible for any damage to the Facility, equipment or property during the Hire Period.
6.5. The Hirer must report any damage, breakages, or faults to Cockburn ARC staff immediately.
6.6. The Hirer will be liable to any costs associated with repairs, replacements or cleaning required as a result of damage, breakages, or faults during the Hire Period.
6.7. The City accepts no responsibility for the loss or damage to any equipment or personal property left at the Facility.
6.8. If the services of third parties are utilised by the Hirer at the Facility during the Hire Period, the Hirer must provide a certificate of currency of those providers showing Public Liability Insurance with minimum coverage of $20 million prior to the Hire Period.
6.9. The City is not liable for any insurance deductible/excess of the Hirer or third party.
7. Indemnity
7.1. The hirer indemnifies Cockburn ARC, its employees, and agents against any liability, loss, damage, cost, or expense arising out of or in connection with the use of the facility by the hirer.
7.2. The hirer is responsible for any claims made against Cockburn ARC, its employees, or agents as a result of the use of the facility by the hirer
8. Compliance with Laws and Regulations
8.1. The Hirer must comply with all relevant laws, regulations and local government local laws in relation to the use of the Facility.
8.2. The City reserves the right to cancel a booking if the Hirer breaches any laws, regulations or local laws, and no refund will be provided in such circumstances.
9. Cancellation
9.1. Cancellations must be made in writing to the Cockburn ARC.
9.2. In the event of a cancellation, the following refund policy will apply.
9.2.1 Cancellation with more than seven (7) Days' notice – full refund of the fee or credit (excluding the booking fee for Special Events).
9.2.2 Cancellation with less than seven (7) Days' notice – no refund of the fee (excluding the booking fee for Special Events).
9.2.3 Cancellation with less than six (6) weeks' notice for Special Events – a cancellation fee equal to 50% of the full hire charge will apply.
9.2.4 Cancellation with less than two (2) weeks' notice for Special Events – a cancellation fee equal to 100% of the full hire fee will apply.
9.3 The City reserves the right to cancel any booking:
9.3.1. Due to unforeseen circumstances, including but not limited to repairs, maintenance, or situations beyond the control of Cockburn ARC. A refund will be provided in such circumstances.
9.3.2. Due to any breach of the Terms and Conditions or Booking Agreement. NO refund will be provided in such circumstances.
9.3.3. Under the Priority of Use Policy should it be required for special purposes or one-off. A refund will be provided in such circumstances.
9.3.4. The City determines the booking and/or hirer promotes unlawful conduct or encourages actions that are discriminatory, offensive or contrary to the City’s values. NO refund will be provided in such circumstances.
9.3.5. Without reason by providing twenty-eight days’ notice prior to the booking event. A refund will be provided in such circumstances.
10. Conditions of Use
10. 1
Live bands and the use of loud music or musical instruments requires special permission from the City. If you are planning on using music whilst you are utilising the Facility, appropriate music licence/s through the Phonographic Performance Company of Australia (PPCA) & The Australasian Performing Right Association (APRA) are required. For more information please refer to their websites:
www.ppca.com.au opens in a new window & www.apra-amcos.com.au opens in a new window. It is the Hirer’s responsibility to ensure that their program/service is licensed appropriately. 10.2.1. Cause inconvenience to or impact adversely on nearby residents or persons in adjoining areas of the Facility or nearby properties and must leave the Facility in a quiet and orderly manner so as not to disturb others.
10.2.2. Pierce any floor, wall, outdoor surface including turf or other part of the Facility or any fitting or fixture therein whether by the use of nails, tacks, screws, stakes or otherwise.
10.2.3. Use of tents, marquees and inflatable amusement devices are prohibited at the Facility unless prior written approval from the City is obtained
10.2.4. Use any audio, photographic, video or electrical equipment at the Facility without prior written consent of the City
10.2.5. 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
10.2.6. Use Crepe paper, glitter, confetti, blue or coloured tack, nails, tacks, sticky tape, smoke machines, candles and dry ice.
10.3. Events or activities considered in direct competition with the services or products offered by Cockburn ARC are not permitted.
10.4. Smoking is strictly prohibited inside the facilities or within a ten (10) meter perimeter of the building.
10.5. Emergency exit doors are only to be used in the event of an emergency and under the direction of staff. Emergency exit doors must not be blocked in any circumstance or propped open.
10.6. Equipment provided by Cockburn ARC within the Booking Agreement must be set up by a Cockburn ARC staff member and only equipment directly related to the booking may be used.
10.7. The Hirer must state at time of booking any additional equipment they are requesting to bring to site, this request will be subject to approval by the City and confirmed in writing to the Hirer.
10.8. Exotic dancers, nudity or entertainment alike is not permitted in the Facility
10.9. Cockburn ARC is a sustainable Facility and therefore discourages the use of balloons by patrons during hire of the Facility.
10.10 Signs, posters, fittings, structures or any advertising material of any description must not be displayed, erected or attached in the Centre without prior approval.
10.11 The sale, supply, distribution or consumption of alcohol is not permitted at the Facility at any time.
10.12. Plunge and Co Cafe has exclusive right to sell all food and beverage products to the public within the Cockburn ARC complex, with the exception of any areas subject to a third-party tenancy, unless otherwise agreed by Cockburn ARC and Beaumonde Hospitality Australia)
10.13. Clubs, organisations and schools wishing to conduct community fundraising activities including sausage sizzle and drink sales will be subject to prior approval by the City.
10.14. Storage areas may be available and can be requested on the Booking Request Form.
10.15. Storage allocations will be reviewed annually by the City in consultation with the Hirers. Hirers will be advised in writing from the City of any changes to storage allocations or arrangements.
10.16. The Hirer is not permitted to change any locks or install new locks to a storage area without prior written approval from the City.
10.17. The Hirer is not permitted to keep perishable food items in the storage areas. Any items such as coffee, tea, long life milk, sugar must be kept in suitable air tight containers.
10.18. All food items stored in the refrigerator must be removed for weekend Hirers.
10.19. Toxic or dangerous goods are not permitted to be stored at the Facility at any time (e.g. LPG bottles, gas lighters, methylated spirits, toxic cleaning products)
10.20 The City reserves the right to modify the facility booking schedule, including opening hours and availability, upon notice to the Hirer.
11. City of Cockburn Responsibilities
11.1 The City agrees to take all reasonable care and precaution to ensure utilities, services and equipment are in proper working order, but will not accept responsibilities for breakdowns outside of their control.
11.2 The City agrees to make every effort to provide the Hirer with a clean and tidy Facility.
12. Hirers’ Responsibilities
12.1 Hirer’s must abide by the Conditions of Entry, located at the entrance and throughout the Facility.
12.2 It is the responsibility of the Hirer to inspect the Facility and ensure the suitability prior to making a booking; this includes ensuring they obey the maximum capacity limits as provided by the City.
12.3 Hirers must show respect and common courtesy for other user groups within the Facility or persons in nearby premises.
12.4 The Hirer shall ensure the venue is left in a clean condition and:
12.4.1 Shall immediately remove from the Facility any property; including without limitation, equipment or personal effects brought into the Facility for use during the Hire Period.
12.4.2 Shall be responsible for any additional cleaning charges
associated with Clause 13.3.
12.4.3 Shall return all equipment and furniture to the designated areas.
12.4.4 Shall ensure that all rubbish is appropriately separated, placed
in the bins provided or removed from the Facility.
12.4.5 Shall promptly report any damage or malfunction in relation to
the Facility hire.
12.5 The Hirer is responsible for ensuring that allocated storage areas are kept clean and tidy, especially where storage areas are shared. The City reserves the right to inspect all storage areas.
12.6 The Hirer will be responsible for the payment of any costs associated with pest management resulting from the storage of food items and other perishable goods.
12.7 The Hirer is responsible for ensuring any electrical equipment used within the Facility is in safe working order and tagged and tested by a qualified electrician. Power points and boards must not be overloaded, and cable trays must be used where appropriate to prevent trip hazards.
12.8 The Hirer is responsible for the behaviour of all persons attending the function or activity.
12.9 The Hirer is required to comply with the supervision conditions of the Cockburn ARC including:
All children six (6) years and under must be accompanied in the water and within arm’s reach of an adult or person over the age of sixteen (16) at all times.
Children eleven (11) years and under entering the Facility must be supervised by an adult or person over the age of sixteen (16) at all times.
12.10 Hirer to supply own PA system if required, subject to approval by the City.
12.11 Hirers must vacate the Facility at the conclusion of their booking and ensure it is ready for the use of the next Hirer or the City.
13. Parking and Deliveries
13.1 All persons attending the activities must observe parking rules and regulations. Any vehicles found to be parked illegally during the event, i.e. vehicles double parking, obstructing driveways or parked on the footpath, may receive an infringement notice.
13.2 The Hirer is responsible for assisting their guests with traffic management and street parking.
13.3 Delivery vehicles must not mount the kerb or park anywhere on the footpath or paved areas or impede traffic and pedestrians, especially in areas that may block access for emergency vehicles.
13.4 The Hirer and their guests do not have exclusive rights to the car park area. A number of the City’s car parking facilities are shared facilities and may be used by other members of the community during your booking or event.
14. Managing Emergencies and Reporting Incidents
14.1 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 City property must be reported immediately to the City.
14.2 The Hirer must familiarise themselves with the Evacuation Plan on display at the Facility before commencing any activities and in particular note the location of emergency exit doors.
14.3 The Hirer is responsible for ensuring that fire doors and emergency exits are not obstructed throughout their booking. 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.
14.4 Fire equipment provided in all facilities 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.
14.5 The Hirer must provide the City with full details of any incident that occurs during their booking that resulted in the attendance of the Police, damage to City property, or injury to a guest. These details must be verbally reported to the City within 24 hours of the booking event.
14.6 The City 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.
15. Special Conditions
15.1. The Hirer must provide a risk management plan upon request prior to
the booking for review and approval by a City officer upon request
15.2. The use of drones over or around the Facility is strictly prohibited.
15.3. The Hirer 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 Period. 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
15.4. The Hirer acknowledges that any special conditions set out in the booking confirmation shall apply and be incorporated in this agreement. In the event of any conflict between these conditions and the special conditions, the later shall apply.
15.5. The City may at any time in its absolute discretion refuse admission of any person(s) to the hired Facility or direct any person(s) to leave the hired Facility.
16. Variation to Terms and Conditions
16.1. The City may vary these Terms and Conditions at any time, and the 16.2. Hirer will be bound by the varied terms and conditions upon written notice by the City.