TERMS & CONDITIONS
COVID-19 Terms and Conditions
· General Health – If anyone in your group is unwell, they should stay at home until they feel better. If participants are uncertain whether or not to attend your activity in regards to their health, they should ring their GP or call Healthline on 0800 358 5453
· Contact Tracing – A QR Code is available for users to download or you can complete the Contact Tracing Form which is at the entrance to the House.
· Hygiene – There is hand-sanitiser available at the entrance to the House if people would like to use it. Please remember to wash and dry your hands often and properly.
· Payments – We will no longer be accepting cash payments. Invoices will be emailed with our bank account for payments.
· Booking Time – Hirers and House users will only use the room allocated to them for the time specified on this form. Entry and exit must be within the booking time.
Hirers must complete this Agreement in full to hire a room at the Devonport Community House.
The Manager reserves the right to refuse a booking.
A tour of the building and the room being hired can be arranged with the Manager before your hire.
During the School Holidays the Devonport Community House is not available for hire from 8am to 6pm Monday to Friday due to operating our School Holiday Programme.
The Devonport Community House is closed for 2 weeks over the Christmas and New Year period.
2. USE OF BUILDING
The Devonport Community House opening hours are:
Sunday to Thursday, 7.30am until 10.30pm
Friday and Saturdays, 7.30am until 12midnight.
The times of hire stated in this contract must be adhered to and setting up, packing up and cleaning must take place within that time. There may be 15 minutes between yourself and the next hirer which is a “shared” departure and arrival time.
The House has a Wifi connection that is available for hirers. The code and password can be requested from the Manager.
Hirers and participants who access or download any illegal or offensive material will be banned from using the House Wifi and could result in the Hire Agreement being terminated.
4. NOISE AND BEHAVIOUR
Noise, both inside and outside the Community House, must be kept to an acceptable level when sharing spaces with other hirers.
It is the responsibility of the hirer to reinforce with those attending your event that they must at all times respect other hirers by keeping noise levels in the kitchen and foyer to a minimum.
The Committee accepts no responsibility for the behaviour of attendees at any activity.
5. FURNITURE & EQUIPMENT
Hirers are responsible for setting up, cleaning and packing away any furniture and equipment used during your hire period.
6. KEYS AND SECURITY
Regular Hirers - Keys will be issued to regular hirers and remain your responsibility until returned at the end of the hire period.
Casual Hirers - An email will be sent confirming your booking and will have details about how to access the lockbox which contains the House front door key and details about the alarm. The front door key is to be returned to the lockbox at the end of the hire period.
Any hirer inadvertently setting off the alarm will be responsible for the call-out fee to have the alarm reset. Likewise, any breach of security (i.e. failure to lock up securely or set alarm) which results in a call-out will also be subject to a call-out fee of $100.00 plus GST.
All security arrangements are to be made by the hirer to ensure the safety of the public and House users.
7. COMMUNITY HOUSE TO BE LEFT CLEAN AND TIDY
The Community House including the car park, communal gardens and toilet areas are to be left in a clean and tidy condition.
Tables, chairs etc are to be returned to their original places.
All utensils and items used in the kitchen during your hire must be washed in the dishwasher and put away at the end of the hire period.
8. HEALTH AND SAFETY AND EMERGENCY PROCEDURES
Hirers are responsible for making sure participants are aware of emergency procedures displayed in each room, foyer and corridor of the Community House.
A large fire hose is in the foyer of the Community House on the stairway to the mezzanine area and there is a fire extinguisher in the kitchen. There are also fire alarms (of the “break glass” type) at many different locations throughout the Community House.
Community House users present in the building during an emergency procedure drill will be expected to take part and gather at the assembly point which is at the far side of the car park.
Hirers are required to make their participants aware of any Health and Safety rules or issues that are relevant to their activity. Hirers may be required to provide a copy of their Health and Safety Policies and procedures to the House Manager.
The Committee requires all Community House hirers and users to take responsibility for their own safety as much as possible and not act in a way that causes harm to themselves or others.
Hirers are responsible for completing an Incident/Accident report for any incident/accident that occurs during the hire period. The Incident/Accident report is located on a clipboard by the front door. Once the form is completed, either past this to the Manager or post it into our letterbox.
A private car park is located beside the House and is available to Creche and Community House users only.
Staff car parks are only available for public use after office hours.
The 15-minute drop zone car parks operate Monday-Friday 9-3.30pm during the school term and are available outside these days and times for House users.
Hirers are required to make their users aware of these parking restrictions.
10. ATTENDANCE REPORTING
Regular Hirers - The User Attendance Sheet is located on a clipboard by the front door. A representative of each user group is required to complete this each and every time you use the House.
Casual Hirers - Please email the office the numbers who have attended your event.
This statistical information is required for grant applications and reporting to Auckland Council.
Our payment terms are strictly 7 days from the invoice date.
Regular Hirers - Invoices for room hire will be emailed at the end of the month. Any money owing for overdue invoices could result in this Agreement being cancelled.
Casual Hirers - An invoice will be emailed at the time of booking and a bond of $100 may be required.
Regular Hirers - The Hirer must advise the Manager at least one week in advance if a session is not to be held. If we do not receive a notification, then the normal room hire rate will apply.
Casual Hirers - At least 14 days notice must be given via email for a full refund. The refund will be processed with other creditors on the 20th of the month and paid via direct debit into your nominated bank account.
13. BREACH OF TERMS & CONDITIONS
Breach of any part of these Terms and Conditions could result in the Hire Agreement being terminated, extra charges being incurred and a refusal to accept future bookings.
In the event of any dispute or difference arising as to the interpretation of these conditions or as to any matter or thing contained therein or as to the meaning of any of these items or conditions, the decision of the Committee thereon shall be final and conclusive.
15. PERSONAL INFORMATION
All information collected will be held securely in the Community House and the Hirer will have full access to their information to check it for accuracy.
Information will be used for the purpose of hiring and complying with Auckland Council, property insurance and health and safety policies and regulations.
When no longer required this information will be destroyed.
AUCKLAND COUNCIL COMMUNITY CENTRES
Terms & Conditions of Hire
1) In this agreement, unless the context otherwise requires:
a) Agreement means the agreement between the Provider and the Hirer in regards to the Event and Community Venue and includes these terms and conditions, any booking form (paper or electronic) and any confirmation letters/emails from the Provider;
b) Community Venue means the venue and its facilities identified in the booking form (paper or electronic) that forms part of this Agreement;
c) Event means the purpose for which the Community Venue is hired as described in the booking form (paper or electronic) that forms part of this Agreement;
d) Venue Hire Fee is the fee charged for the use of the Community Venue for the Event;
e) Hirer means the person(s) or legal entity named as the Hirer in the booking form (paper or electronic) that forms part of this Agreement;
f) Hire Period is the agreed time for which the COmmunity Venue is hired and includes any set-up and pack-down time and cleaning time after the Event; and
g) Provider means the manager of the Community Venue.
GENERAL USE OF THE COMMUNITY VENUE
2) The Provider agrees to allow the Hirer to use the Community Venue for the Event during the Hire Period and the Hirer agrees to pay the Provider the Venue Hire Fee subject to this Agreement.
3) The Provider reserves the right to be present at the Community Venue at any time during the Hire Period. Notwithstanding any other provision contained in this Agreement, the Provider may refuse admission to any person or require any person attending the Event to leave the Community Venue at the sole discretion of the Provider.
4) The Hirer must ensure that noise levels are kept to an acceptable level at all times. Failure to reduce noise levels at the request of the Provider, Auckland Council or the Police will result in the Event being stopped.
5) The Hirer must not use recorded music, or allow the performance of live music, at the Community Venue unless the Hirer has obtained the required licence(s) prior to the Hire Period.
6) The Hirer must comply with all legislation (including but not limited to the Vulnerable Children Act 2014, Health and Safety at Work Act 2015, the Smoke-free Environments Act 1990, and the Sale and Supply of Alcohol Act 2012), regulations and bylaws as those relate to the Community Venue and the Event.
7) The Hirer must ensure that all electrical equipment brought into the Community Venue by the Hirer has a current tag that identifies it has been tested and tagged by a qualified technician.
8) The Hirer must take proper care of the Community Venue and ensure that no damage occurs. However, any damage to the building, art work, exhibit, furniture, fitting, fixture or chattel within a Community Venue must be reported immediately to the Provider.
9) The Hirer must make itself familiar with any rules of the Community Venue, in particular:
a) cleaning requirements on completion of the Hire Period;
b) layout, available space and equipment provided;
c) where tables and chairs should be stacked;
d) fire warden duties, including emergency evacuation procedures;
e) security and lock up procedures;
f) the capacity of the Community Venue; and
g) noise control limits.
RESTRICTIONS OF USE
10) The Hirer must not permit:
a) the removal of any furniture, equipment or other contents from a Community Venue without the permission of the Provider;
b) any illegal activities to take place in or outside the Community Venue during the Hire Period;
c) the use of nails, tacks, screws, pins or any other instrument that will penetrate or cause damage to the wall surfaces, furnishings, floors and ceiling surfaces of the Community Venue provided that 3M tape is permitted to hang decorations from the walls;
d) lighting with a naked flame or allow the use of ballroom powder, confetti, glitter or smoke machines in a Community Venue;
e) any substance to be deposited in toilets, sinks or drains that will cause blockage or damage;
f) the kitchen facilities of the Community Venue to be used to prepare food for sale except where a kitchen is appropriately registered or subject to a registered food control plan.
11) the Hirer must not do anything which brings, or would be likely to bring, the Provider or Auckland Council into disrepute or must not make any inaccurate or misleading representations or public statements relating to or impacting upon the Provider or Auckland Council.
PAYMENT AND ADDITIONAL CHARGES
12) The Hirer shall be liable for the payment of all amounts owing to the Provider pursuant to this Agreement and notwithstanding that the Hirer may have incurred all or part of that indebtedness as agent for any other person, firm or corporate body.
13) If any payment is overdue for a period of 14 days or more, the outstanding amount will be a debt due to the Provider and may be referred to a debt collection agency or other duly authorised agents of the Provider for collection.
14) The Provider reserves the right to invoice the Hirer for, and the Hirer agrees to pay, any additional charges resulting from the Hirer's use of the Community VEnue. In addition to the Venue Hire Fee quoted at the time of booking, the Hirer may be charged for:
a) any damage to the Community Venue caused during the Hire Period;
b) any theft of property from the Community Venue during the Hire Period;
c) any extra cleaning, rubbish removal, repair or reinstatement of the Community Venue which the Provider considers required after the Event;
d) any costs, losses or expenses that the Provider incurs due to any breach of this Agreement;
e) any unreturned access card(s) or key(s);
f) any emergency services call out or if a fire alarm is set off other than for an emergency. The Provider reserves the right to impose an additional fee of up to $1,500+GST in such circumstances; and
g) Auckland Council noise control units sent to the Community Venue during the Event.
15) The Hirer will upon demand pay all of the Provider's reasonable expenses including cheque dishonour fees, debt collection fees and legal costs (on a solicitor/agent/client basis) in relation to the collection of all overdue moneys.
CLEANING, RUBBISH AND LOCK-UP
16) The Hirer must ensure that the Community Venue is left clean and ready for the next user. This includes wiping down benches, tables, stoves and sinks; removing all decorations and removing all rubbish off-site; vacuuming, mopping up spills and sweeping/static mopping of the floor.
17) The Hirer must secure the Community Venue after the Hire Period, in particular:
a) switch off all electrical appliances, lights, heaters and stoves;
b) ensure that all windows and doors are secure; and
c) ensure that the alarm is set and activated (where applicable).
18) The Hirer must return all access cards/keys to the Provider, within the period of time specified at the time of booking, at the end of the Hire Period.
19) The Hirer must ensure that all furniture brought in externally for an Event is removed by the Hirer at the end of the Hire Period. The Provider reserves the right to remove and if not claimed, dispose of any equipment of furniture left in a Community Venue after the Hire Period.
20) The Hirer must check current guidelines and information about liquor licensing and the Hirer must comply with any licensing requirements under the Sale and Supply of Alcohol Act 2012 and any other restrictions or guidelines.
21) Subject to clause 20, if alcohol is consumed at the Community VEnue, the Hirer must comply with the below host responsibilities:
a) the Hirer must manage the conduct of the consumption of alcohol;
b) the Hirer shall have available for consumption at the Community Venue, at all times when alcohol is being consumed, a reasonable range of non-alcoholic refreshments and low alcohol beverages and food appropriate to the occasion;
c) the Hirer must ensure that information regarding alternative forms of transport be available for attendees; and
d) the Hirer must ensure that drinking water is to be freely available.
22) the Hirer acknowledges that the Community Venue is designated as a smoke-free and drug-free environment and must ensure that it remains the same at all times during the Hire Period.
HEALTH AND SAFETY
23) It is the responsibility of the Hirer to ensure the health and safety of all persons attending the Event at the Community Venue during the Hire Period.
24) The Hirer must ensure that a parent or designated caregiver, who is at least 18 years of age, is present and responsible for each child 10 years of age and under.
25) It is the Hirer's responsibility to contact the Police immediately if there are any safety concerns arising from a person(s) disorderly behaviour.
26) The Hirer must ensure that vehicle access and egress for residents or businesses are available at all times and that the public is not duly inconvenienced by the Event.
27) The Hirer must appoint and instruct a fire warden for the Hire Period. The assigned fire warden must ensure all emergency exits are checked at the start of the Hire Period and at least once during the Hire Period. This includes ensuring there is no interference with smoke detectors, fire extinguishers and emergency exits.
28) Any hazard a Hirer may encounter either as a result of any activity or physical condition must be reported immediately to the relevant emergency response and also to the Provider and Auckland Council by calling 09 301 0101.
29) The Hirer must provide first aid supplies for the Event at the Community Venue.
30) The Hirer must ensure where the Hirer is a specified organisation (as that term is defined in the Vulnerable Children Act 2014), the Hirer will ensure that it complies with the applicable requirements including, as required, ensuring that the Hirer undertakes safety checks for new and existing children's workers (as that term is defined in the Vulnerable Children Act 2014) employed or engaged by the Hirer.
31) The Provider does not undertake to arrange for or maintain any insurance cover for property, contents or otherwise, for the Community Venue or the Event for the benefit of the Hirer.
32) The Hirer must procure and maintain and insurance cover necessary and adequate for the Event, including (but not limited) public liability insurance cover for medium to high-risk events to cover the Hirer against losses arising from claims made by third parties for damage to people or assets.
CANCELLATION OF HIRE
33) The Provider may cancel any booking(s), any Event and/or this Agreement in its sole discretion if it considers:
a) the Event will, or might, contravene any legislation, order, regulation, bylaw, rule of law or any other requirements of a public or local authority, or otherwise be in breach of this Agreement; or
b) that the management or control of the Event is deficient.
34) The Provider reserves the right to cancel booking(s) where circumstances so warrant. These may include, but are not limited to, emergency situations and adverse environmental/weather conditions.
35) The Provider shall be entitled to cancel this Agreement, in addition to its other rights and remedies, in any of the following circumstances:
a) if any cheque tendered to the Provider in payment of any indebtedness of the Hirer under this AGreement is dishonoured;
b) if the Hirer fails to meet any obligation under the Agreement;
c) if the Hirer is made bankrupt, dissolved, placed into liquidation, becomes insolvent, or is removed, or is likely to be removed from the register of companies;
d) if any information given on the booking form is found to be untrue.
36) The Hirer will indemnify the Provider, its employees or agents against all claims, demands, losses, damages, costs and expenses arising from or connected with the Hirer's use of the Community Venue or breach of this Agreement.
37) The Provider is not liable for the loss of or damage to any of the Hirer's property in or around the Community Venue. Any equipment/property left at the Community Venue is at the Hirer's own risk.
38) The Provider does not warrant that the Community Venue is suitable for the Event. The Hirer acknowledges that it has relied on its own enquiries and judgement in selecting the Community Venue for the Event.
39) The Provider is not liable for any loss or expense that the Hirer incurs if the Provider is not able to make the Community Venue available to the Hirer as a result of fire, flood, earthquake, failure or other unavailability of any building services or other event beyond the Provider's reasonable control.
40) To the extent permitted by law and without limiting any of the Hirer's rights under the Consumer Guarantees Act 1993, the Provider shall not be liable to the Hirer for any loss arising under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise. The maximum amount of the Provider's liability under or in relation to this Agreement for any loss, damage, claim or expense is limited to an amount equal to the Venue Hire Fee.
41) All Hirers must be a legal person or entity. A legal entity is a registered group or individual which has capacity to:
a) enter into agreements or contracts;
b) assume obligations;
c) incur and pay debts;
d) sue and be sued in its own right; and
e) be accountable for illegal activities.
42) This Agreement does not create a lease or tenancy between the Provider and the Hirer.
43) The Hirer must not assign, transfer or subcontract any of its rights and obligations under this Agreement.