Standard Terms of Hire – Long Form
Application Form
a. You must complete, sign and submit to One&All the Application Form for the use of the Venue, for One&All’s approval. By completing, signing and submitting the Application Form, you accept these Terms of Hire. The Application Form and these Terms of Hire together form the Hire Agreement.
b. One&All has the right to accept or reject the Application Form, for any reason, at its sole discretion.
c. If your Application Form is rejected, all monies paid by you to One&All will be refunded to you promptly.
Fees & Bond
a. The Fees and the Bond for the use of the Venue must be paid at the time of submitting the Application Form, in accordance with the payment methods One&All advise, unless otherwise agreed by One&All.
b. The Bond will be debited to your credit card, details of which must be provided to One&All at the time of submitting the Application Form.
c. You may not be entitled to access the Venue until the Fees and the Bond have been paid in full.
d. The Bond is provided by you as security for the performance of your obligations under the Hire Agreement and your use of the Venue.
Cancellation or Rescheduling
a. You may cancel or reschedule your booking by giving written notice to One&All at any time before the start of the Hiring Period.
b. If you give One&All notice that you wish to reschedule your booking, One&All cannot guarantee that your preferred rescheduled time will be available.
c. The Fees and the Bond will be refunded to you promptly upon One&All receiving written notice of cancellation from you.
d. One&All may cancel your booking by giving written notice to you at any time before the start of the Hiring Period, if:
i. One&All becomes aware that any event, good or service proposed to be held or provided by you at the Venue is objectionable, dangerous, is prohibited by law or would otherwise be detrimental to One&All and its reputation; or
ii. the Venue becomes unavailable for any reason.
Condition of Venue
a. One&All makes no warranty or representation to you about the condition of the Venue or its suitability for any use or purpose.
b. You acknowledge that you have inspected the Venue and you have not relied on any warranty, representation, statement or documentation made or provided by One&All (including in relation to the fitness for any use or purpose of the Venue).
Use of Venue - General
a. One&All will, if required, having regard to the nature of your planned activities at the Venue, assign the One&All Event Manager to provide support to you at the Venue during the Hiring Period at your cost.
b. Unless otherwise agreed in writing by One&All, you, your personnel and contractors can only access the venue during the Hiring Period.
c. It is your responsibility to obtain any necessary permits from the relevant authorities as required for planned activities at the Venue.
d. You agree to comply with One&All’s reasonable instructions and directions (including, where applicable, instructions of the One&All Event Manager) when using the Venue.
e. You are responsible and liable for the safety, health and well-being of your personnel, contractors or invitees attending the Venue.
f. You must not bring or permit any smoke machine, explosive, fuel, ammunition, pyrotechnic, firearm or flammable liquid or substance, or any dangerous weapon to be brought into, or used in the Venue.
g. One&All will not be responsible for the acts or omissions of any of your personnel, contractors or invitees. It is recommended that you ensure all contractors have public liability insurance.
h. You must not make any changes or alterations to the Venue (including attaching anything to the walls, floors or any part of the building, erecting any signs, etc.) without One&All’s prior written consent.
i. No sales of any kind are permitted at the Venue without One&All’s prior written consent.
j. You acknowledge that the Venue is in a residential area and agree that you will ensure that:
i. all persons attending the Venue refrain from any behaviour which could impact on residents living in close proximity to the Venue; and
ii. noise is contained within the requirements of the local council.
k. One&All may provide you with entry swipe cards, codes or keys to the Venue and you agree to keep these confidential, safe and secure. You will be liable for any lost keys, cards and changed locks.
l. Smoking is not permitted at the Venue.
m. You acknowledge that:
i. parking is not available as part of the hire of the Venue; and
ii. parking restrictions may apply in the streets surrounding the Venue.
n. You must immediately notify One&All of any injury at, or damage to, the Venue arising out of your use of the Venue.
Alcohol
a. You must:
i. obtain One&All’s prior written consent to any alcohol being consumed, provided or sold at the Venue. Approval for the consumption of alcohol may be withheld at One&All’s absolute discretion; and
ii. comply with all applicable liquor laws at all times.
b. Under no circumstances must alcohol be consumed, provided or sold unless you have obtained approval from One&All and provided One&All with evidence of any necessary liquor permit.
Insurance
You must:
a. effect and maintain public liability insurance for an amount of not less than $10 million per occurrence and provide a certificate of currency to One&All prior to the start of the Hiring Period; and
b. keep this policy in force for the duration of the Hiring Period.
End of Hiring Period
a. At the end of the Hiring Period, you must immediately vacate the Venue and return all keys and entry swipe cards to One&All.
b. Subject to clause 8c., the Venue should be left in the same condition as you found it, including:
i. all chairs and other furniture returned to their original location; and
ii. all external doors locked.
c. Unless otherwise agreed in writing by One&All, cleaning of the Venue (including removal of rubbish) at the end of the Hiring Period will be undertaken by One&All at your cost.
d. If you leave any of your property at the Venue at the end of the Hiring Period, you must collect that property within 48 hours from the end of the Hiring Period, failing which, and to the maximum extent permitted by law, One&All may dispose of the property at its discretion.
e. If:
i. One&All determines that you have caused any damage or loss (excluding fair wear and tear consistent with the normal use of the Venue) to the Venue; or
ii. One&All suffers or incurs any costs in connection with any of your property left at the Venue,
One&All may retain the whole or any part of the Bond to remedy the damage or recover One&All’s costs.
f. Subject to clause 8e., the Bond will be refunded to you in full after the end of the Hiring Period. The refund will be applied as a credit to your credit card, details of which were provided by you in accordance with clause 2b.
Liability
a. To the maximum extent permitted by law, One&All will not be liable for, and you waive and release One&All from and against, any liability arising from or connected with your use of the Venue, including any liability for the loss of or damage to any of your, or your personnel’s, contractors’ or invitees’ property or personal effects.
b. To the maximum extent permitted by law, you are liable for, and indemnify One&All in respect of, any liability that One&All may suffer or incur or otherwise become liable for, arising from or in connection with:
i. you, or your personnel’s, contractors’ or invitees’ use of the Venue;
ii. any acts or omissions of you, your personnel, contractors or invitees;
iii. any property loss or damage, or personal injury or loss, arising from or in connection with your use and occupation of the Venue; or
iv. any breach by you, your personnel, contractors or invitees of the Hire Agreement.
c. This clause will survive the termination or expiry of the Hire Agreement.
General
a. The Hire Agreement is governed by the laws of the State in which the Venue is located.
b. In the case of any disputes arising under the Hire Agreement, One&All’s decision will be final.
c. The Hire Agreement represents the complete arrangement between One&All and you for your use of the Venue.
Effective: 30 June 2022