MOUNT ALEXANDER SHIRE COUNCIL CASTLEMAINE MARKET BUILDING CASUAL HIRE AGREEMENT TAX INVOICE ABN 12 966 477 062 DATE: ______________ HIRERS DETAILS EVENT TYPE/TITLE: ____________________________________________________________________________________ DESCRIPTION OF EVENT: _______________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ CONTACT NAME: _____________________________________________________________________________________ NAME OF ORGANISATION: _____________________________________________________________________________ EMAIL: _____________________________________________________________________________________________ POSTAL ADDRESS: ____________________________________________________________________________________ _____________________________________________________________________________________ TELEPHONE: ____________________________ DATE/S OF FUNCTION: ________________________________________ TIME/S OF FUNCTION (Please note Visitor Centre is open 9am-5pm 7 days): ______________________________________ LAUNCH OPENING TIME/DATE:__________________________________________________________________________ ANTICIPATED NUMBER OF PERSONS ATTENDING: ___________________________________________________________ START OF SET UP TIME: __________________________ TYPE OF FUNCTION (Please Circle): FINISH OF SET UP TIME: ________________________________ Local Community Group School Group PRICING DETAILS AMOUNT (Inc. GST) ITEM Private/Other ACCOUNT Nave (Middle Section) $ 2490020.5201 Aisle(s) $ 2490020.5201 Glass Cabinet $ (negotiable) 2490020.5201 Bond $ (GST free) 500290.11 Liability Insurance $ TOTAL $ Less DEPOSIT (50%) $ BALANCE OWING $ 155005.0581 I/we acknowledge, having received and read the "Conditions of Hire" and the Fees & Charges Schedule, agree to abide by them and accept the right of Council to cancel a booking. I/we agree that the council can, and will, deduct from any bond monies the cost to repair any damage, over and above 'fair wear and tear', or major cleaning associated with the hire. SIGNED: ______________________________________________________________ DATE: ___________________________ (on behalf of: __________________________________________________________________________________) Commercial Use Community Use Area Hire Period e.g.: Wedding, Party, Business Display, Conference etc e.g.: Schools, Service Clubs, Local Community Groups Market Building Steps 3 hours maximum $110 $105 3 hours maximum Half-day (up to, 5 hours max) Day (8 hours maximum) 2 - 3 days 4 - 7 days Fortnight Month Up to 3 hours Half-day (up to 5 hours) Day (8 hours maximum) 2 - 3 days 4 - 7 days Fortnight Month $160 $105 $290 $147 $425 $745 $975 $1125 $1420 $140 $185 $309 $515 $615 $750 $970 $200 $340 $395 $490 $655 $96 $132 $160 $250 $300 $355 $460 Nave (middle section) Aisle Other Fees - Bond if applicable - Public Liability Insurance* Deposit $200.00 without alcohol / $500.00 to $1,000.00 with alcohol $18.00 per 5 days (incl. GST) 50% of total Hire Fee Note: Forfeiture of bond will result in GST being charged on the forfeited amount.] Commission based hire can be negotiated for a minimum 2-3 day hire, at 50% of the above fee structure plus 25% commission and GST on items sold. NB. In inclement weather, an aisle or equivalent space in the nave (middle section) may be used in place of the Market Building steps if available. The use of the nave and side aisle may require movement of art walls and some office and display furniture. This is built into the respective hire fees. Such removal will commonly require two (2) staff/contractors. ONLY COUNCIL APPROVED STAFF/CONTRACTORS MAY PERFORM THIS FUNCTION. (Use of arts walls must be negotiated with staff – may depend on prior bookings). The replacement cost of broken equipment or stolen stock will be deducted from the bond monies. Please note that the capacity of the Market Building is 180 max. EQUIPMENT ITEM Art Walls (8 walls are 1900x2400mm) (11 walls are 2600x2400mm) Plinths - varying sizes (please see staff) Lectern Cups and Sauces (50 ea) / Side Plates (50) / (please circle) Chairs (45) / Tables (6) (please circle) Glass Cabinet (please tick if required with booking of nave or aisle) QUANTITY REQUIRED Public Liability Insurance *All Hirers must have Public Liability Insurance coverage for a minimum value of $10,000,000, current at the time of hire of the Market Building. A copy of the Certificate of Currency must be supplied to Council at least 7 days prior to the commencement of the hire period detailing the following: Name of Insurer Policy Number Type of insurance – i.e. P/L Who is insured What and where is insured i.e. accommodation business at street address Period of insurance Amount of insurance ($10m) Special provisions – “Noted to indemnify MASC as insured’s principal in respect of claims for personal injury or property damage” (If all other requirements are met and the C of C is submitted without the special provision noted, then Risk Officer will be contacted to assess whether the Certificate will be accepted) Not for profit community benefit hirers without insurance cover may be able to source Public Liability Insurance for small-scale standalone events through Council’s public liability ‘Hirers of Council owned or controlled facilities’ Insurance Policy upon payment of $18.00 including GST for up to five consecutive days. An additional premium may be required by the insurer for longer consecutive periods. Cover is only provided to the hirer whilst hiring the premises and is not provided to any other parties that may be involved in the hire activity. It is up to the hirer to ensure these other parties have their own public liability insurance in place. Conditions of Hire 1. Application Application for the use of the Market Building must be made on the form ‘Casual Hire Agreement’ available from Council. The hirer shall not assign, sub-licence or cease to conduct business personally. The hirer agrees that it will accede to any request, comply with any instruction or directive and adhere to any rule of Council made or issued to the senior staff at the Economic Development and Tourism Services Unit of the Mount Alexander Shire Council. The hirer acknowledges and agrees that in the event of any breach of this condition, Council shall at its absolute discretion, be entitled to terminate the agreement forthwith without being required to refund any money paid by the hirer. 2. Deposit & Bond A deposit, being 50% of the total hire fee will be required to be paid at the time of the booking. The booking will not be confirmed until this deposit is paid. The prescribed bond must be paid at least 14 days prior to the hiring date and, if not paid, the hiring will be considered cancelled. The replacement cost of broken equipment or stolen stock will be deducted from the bond monies. 3. Waiving of Fees Any fee waivers must be processed and approved by the Chief Executive Officer and will be refunded in due course following the event. 4. Cancellation of Booking Cancellation of the hiring agreement must be made 14 days prior to the date of the function and must be made in writing. If cancellation is not made by the stipulated time, the booking fee (deposit) shall be forfeited. 5. Keys Keys for the after hours hire of the Market Building are available for collection during the operating hours of the Visitor Information Centre. Keys are the responsibility of the hirer and must be returned. Conditions of Hire (continued) 6. Decorations The physical appearance of any function or display shall at all times be maintained in a professional manner and portray a quality image so as to enhance the hirers event, the Market Building and Council. Decorations are not permitted in the Market Building unless the arranging complies with the following: - Flowers etc in vases - Balloons, streamers etc attached to free standing screens etc Under no circumstances will balloons, streamers or any other decorations whatsoever be attached to the wall, ceiling, floor or gas lighting (when operational). 7. Care of Market Building As a heritage listed building the Castlemaine Market Building is of great historic significance and has a stringent maintenance policy in place. The hirer shall not use any fixtures or fittings, which damage or disfigure the building and in the event of any damage being caused by the hirer or his/her fixtures or fittings, the hirer shall pay all of Councils costs of repairing such damage. Council will hold the hirer responsible for the care of the building during the currency of the hiring and will not tolerate damage to the building, furniture, furnishings, fixtures or fittings. The use of nails, screws, adhesive tape, blue-tack, glues, etc is not permitted under any circumstances to be used on the floor, doors, walls, windows, fixtures and art walls etc, and lighting is not to be altered without the approval of a senior staff member of the tourism services unit. 8. Smoking Mount Alexander Shire Council has banned smoking within all buildings under its control. The hirer will be held responsible to enforce the no smoking ban inside the building during the function or activity. 9. Cleaning The hirer is responsible for the general cleaning of the areas used including access hallways, and removal of rubbish (ie used bottles, paper, napkins etc) prior to the opening time of the Visitor Information Centre at 9.00am the following day. Hirers must provide their own rubbish receptacles. Failure to comply will result in costs being deducted from the bond. Other cleaning (floors, etc) will be undertaken by the Council appointed contractor immediately following the function. If access to the building is required outside normal operating hours to undertake cleaning, the hirer will be responsible for all associated costs including necessary security arrangements. 10. Consumption of Alcohol The consumption of alcohol is permitted in the building for persons over the age of 18 years, provided Council is informed in advance, the alcohol bond paid and approval from the Castlemaine Police & the By-Laws area of Council is obtained by the hirer. Consumption of alcohol outside the building is not permitted by any person in accordance with Council Local Law. It is the responsibility of the hirer to ensure all relevant certificates and paperwork (RSA and temporary liquor licences, etc.) have been obtained in regard to the serving and consumption of alcohol. Temporary liquor licences can be obtained on line from the government website and appropriate approvals will need to be displayed at the venue. http://responsiblealcohol.vic.gov.au/wps/portal/rav Serving of liquor is not permitted within the building without the necessary permits. 11. Conduct of Function/Event The hirer shall comply with all statutes, ordinances and regulations of any government or statutory authority regarding the conduct of the hirers business or use of the premises for that purpose and shall keep Council indemnified in respect of all such matters. The hirer must at all times be co-operative with authorised Council staff members in ensuring that the function is conducted in an orderly manner. An authorised staff member may require a function to cease and the building vacated if in his or her opinion the continuation of the function is likely to cause damage to the building. The hirer will be held liable for any penalties incurred under any legislation or Local Law. Conditions of Hire (continued) 12. Access to the Building Access to the building for pre function preparation and the holding of the function will be arranged at the time of booking and entry to and exit from will be via the access (es) agreed. Access required outside normal opening times for the Visitor Information Centre will only be permitted by prior arrangement and any costs incurred, including security arrangements will be paid by the hirer. 13. Right of Refusal Council reserves the right to refuse any proposed booking or to cancel any booking not to be considered an appropriate use of the building or where the conduct of the function would be detrimental to the building. The hirer agrees that Council may terminate the booking at any time in any of the following instances: - Failure to pay the hire fees on the due date - Failure to comply with the conditions of hire - The hirer ceasing to conduct its business from the premises or - The death, bankruptcy, mental or physical incapability or liquidation (if a company) of the hirer. Hirers may be refused if deemed to be ethically / morally questionable. Hirers may be refused if deemed to be contrary to the adopted corporate objectives of the Mount Alexander Shire. - Hirers may be refused if deemed to be an untenable insurance risk. - Hirers may be refused if deemed to be unlawful. Hirers may be refused if deemed to create an unmanageable disruption to the operations of the Economic Development and Tourism Services Unit and the Visitor Information Centre. 14. Council Priority of Use Council retains the right of priority of the use of the building, including the cancellation of an existing booking. 15. Food Preparation The cooking of foods in the premises is totally prohibited and only food prepared off premises may be served. 16. Hirer’s Property The hirer acknowledges and agrees that Council shall not be responsible in any way for the hirers displays or property during or after Councils or the Visitor Information Centres business hours. Any equipment or property the hirer, their employees, contractors or associates use in association with or brought to the building is the responsibility of the hirer and must be removed immediately after the function ceases. Council will not be responsible for any damage to or loss of such equipment or property. 17. Toilet facilities No toilet facilities are available in the Market Building and hirers will be required to access the public toilets in adjacent Victory Park. 18. Code Red Days The Code Red Fire Danger Rating is the highest Fire Danger Day. On these days, the Castlemaine Visitor Centre will be closed and bookings for the Market Building will be cancelled for the Code Red period. Bookings will be rescheduled where possible or the hirer will be refunded with the monies that have been paid.