Venue hire terms & conditions

GENERAL

1. KBS shall refer to Kevin Betts Stadium Mount Druitt, WS NSW/ACT shall refer to Wheelchair Sports NSW/ACT. Hirer shall mean the club, association, company, society, team, person or other body, whether incorporated or unincorporated, to which use of the KBS or parts thereof is granted.

2. Any Hirer not vacating the KBS by the time specified on their booking form shall be liable to such further charges as the KBS may determine.

3. Any authorised officer of KBS or WS NSW/ACT shall at all times, not withstanding any hiring, be entitled to free access to any part of the KBS.

4. WS NSW/ACT shall not accept any responsibility for failure of any equipment. If a fault does occur however, it will be attended to as soon as practicable.

APPLICATION AND PAYMENT

5. An application for hiring must be in writing on the official KBS Booking Form.

6. On receipt of an application for use, provided space and facilities are available, a tentative booking will be made. This booking will be confirmed and invoiced.

7. Application for hire must be made a minimum of four (4) weeks prior to the date of the event. (In certain circumstances a booking may be accepted closer to the date, however a late surcharge may apply).

8. The hiring charge is to be paid in full no later than seven (7) days after the date of invoice.

CANCELLATION BY HIRER

9. A hirer may cancel or change a booking by giving written notice to the KBS Manager no later than seven (7) days prior to the booking.

10. Deposits are non-refundable (exception – clause 11).

11. Where a booking is cancelled by the hirer the deposit will only be refunded if the facility can be re-hired to another user and at the WS NSW/ACT discretion.

CANCELLATION BY WS NSW/ACT

12.

a. WS NSW/ACT may cancel the hiring at any time without notice to the hirer.

b. WS NSW/ACT may cancel the hiring if in its opinion:

i) the facility will be unfit for use during the period of hire, or

ii) the facility may be unduly damaged by use for the hiring purpose

c. Where WS NSW/ACT cancels the hiring the deposit will be repaid to the hirer.

d. WS NSW/ACT will not be liable for any loss or damage arising out of its cancellation of the hiring.

ADMISSION AND REMOVAL OF PERSON

13. WS NSW/ACT may at any time, in its absolute discretion:

a. refuse admission of any persons to KBS.

b. direct any person or persons to leave KBS.

14. If:

a. a person who has been refused admission to KBS enters it, or

b. a person who has been directed to leave KBS fails to do so, WS NSW/ACT may close the facility.

15. If WS NSW/ACT closes the facility:

a. the hirer will be deemed to have voluntarily abandoned the hiring;

b. the hiring charge will not be refunded, and

c. WS NSW/ACT will not be liable for any loss or damage sustained as a result of the closure.

d. the Hirer will be liable for any loss or damage sustained by WS NSW/ACT, its servants or agents as a result of the closure.

HEAT POLICY

16. When the court temperature reaches or exceeds 36 degrees Celsius all bookings will be cancelled. The Hirer will only incur fees for time spent on the court (in 30 minute intervals) and will be refunded the remaining fee.

OBLIGATIONS

17. The Hirer will not, without the approval of WS NSW/ACT:

a. use the facilities for any purpose other than the hiring purpose;

b. allow any person not subject to the direction and control of the hirer to use the facilities;

c. use electronic equipment including scoreboards and timing equipment;

d. re-hire the facilities to any other person;

e. use any part of the KBS complex other than the facilities nominated on the booking form.

18. The Hirer shall not hawk, sell, dispose of or supply anything whatsoever in KBS without the approval of and subject to any conditions notified by WS NSW/ACT.

SUPERVISION

19. The hirer is to be liable for:

a. The organisation and running of a particular event in consultation with WS NSW/ACT.

b. Supervision and control of all persons entering KBS for the purpose of the particular event.

c. Leaving the premises, including change rooms, toilets and showers, tidy.

d. Ensuring all competitors and officials wear footwear that will not mark the court surface.

e. The supervision and conduct of all persons attending KBS either as a spectator or performer.

f. Providing the name and signature of the Supervisor on the official booking form.

INSURANCE

20.

a. WS NSW/ACT requires Hirer to provide a certificate of currency detailing Public Liability Insurance to minimum $10 million per any one occurrence, indemnifying both the KBS and WS NSW/ACT to the extent required by the indemnities herein. This certificate of currency should be lodged at least 14 days prior to the occupation date.

b. If the Hirer will have any employed staff in attendance, the Hirer is to provide a certificate of currency detailing Worker’s Compensation insurance held by the Hirer.

INDEMNITY

21. The Hirer will indemnify and keep indemnified KBS and WS NSW/ACT and their respective employees and agents against all actions, proceedings, claims and demands which may be brought or made against them by any person in respect of loss, damage or injury arising out of or in connection with, whether directly or indirectly, the hiring of the facilities by the hirer and all costs, damages and expenses which may be incurred by them in defending or settling those actions, proceedings, claims or demands.

FITNESS FOR HIRING PURPOSE

22. The Hirer agrees that he/she has satisfied him/herself that the facilities are fit for the hiring purpose and acknowledges that KBS does not warrant that the facilities are fit for the hiring purpose.

MAKING GOOD ANY DAMAGES

23. The Hirer agrees to pay WS NSW/ACT, on demand, the cost of repairing or making good any damage to KBS or any part thereof arising out of or incidental to the hiring and for the loss of any equipment included in hiring, provided however, that the hirer shall not be responsible for damage caused by an Act of God.

REFRESHMENTS

24. A hirer shall not take or permit into KBS or its immediate vicinity, any machine or any structure of vehicle for selling or offering or exposing for sale any refreshment or other goods or any service except with the prior consent of and in accordance with any condition notified by the Manager.

25. The Hirer shall not permit any alcoholic beverages to be brought into the stadium during the hiring.

REMOVAL/ADDITION OF FIXTURES OR FITTINGS

26. No fixtures, fittings or furnishings of KBS may be altered, moved or removed without consent of the Manager.

27. Any furnishings, equipment or vehicles to be brought on to the premises by any Hirer must be authorised by the Manager.

28. No advertisement may be erected or displayed on or within KBS except with prior consent of and in accordance with any conditions notified by the Manager.

ANIMALS

29. No animals may be admitted to KBS without prior written agreement from the Manager excluding service animals.

MARQUEES, HUTS, STALLS ETC

30. No marquee, hut, stall, or similar structure shall be erected on, or in, or in the immediate vicinity of KBS except with prior consent of or in accordance with any conditions notified by the Manager.

COLLECTIONS AND LOTTERIES

31. The following shall not be permitted in or in the immediate vicinity of KBS without the prior consent of the Manager:

- collection of donations.

- games of chance or of mixed chance and skill.

- betting or wagering