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Terms and conditions

Terms & Conditions of Hire City PDF (147kb)

Principle Provisions

  1. The University’s facilities may only be used by and for external groups with the prior written approval of the University's Commercial Unit (Commercial Unit) or an authorised representative.
  2. Organisations and individuals within the University affiliation shall take precedence over non-University applicants in the use of facilities.
  3. Any use of UTS facilities must not interfere with any University class, activity, event or program.
  4. Nothing in the venue Hire Agreement confers on the hirer any rights as a tenant and such is expressly negatived. The relationship between University of Technology Sydney and the Hirer is one of Licensor and Licensee.
  5. All persons on the University campus are required to abide by its By-Laws, Rules and other regulations. The Commercial Unit on request will provide detailed information on these.
  6. The University may deny an application for hire, or may cancel a previously approved application without notice if extraordinary or unusual circumstances warrant such action. If the booking has been cancelled through no fault of the hirer, every attempt will be made to find an alternate facility. The University also reserves the right to refuse the hire of facilities to any applicant without assigning any reason for such refusal.
  7. In the case of major functions where the Governor-General, Ministers of the Crown or similar dignitaries are to attend, the University reserves the right for the Chancellor, Vice-Chancellor or other nominated staff to receive them.
  8. Any authorised representatives of the University shall at any time be permitted free access to any function approved by the Commercial Unit.
  9. The University reserves the right to invite the general public to any function or event which is sponsored by the University or its Academic Services and Departments.
  10. No advertisement may be made in relation to the hiring of facilities at the University without the approval of the University and the advertisement is not to imply that the University is associated with the event other than providing the facility. Without express permission no advertisement, poster, handbill or any other form of announcement or statement may be placed on, attached to or written on any structure or natural feature of the campus such as doors, walls, windows, the surface of walkways, footpaths or roads, posts, or other fixtures or fittings.
  11. Confirmation of Booking: the hirer will receive a provisional offer from the Commercial Unit in response to their booking enquiry together with a copy of these Terms and Conditions of Hire. The provisional offer and the Terms and Conditions of Hire must be signed and returned to the Commercial Unit by the requested date. Bookings are not confirmed until the Commercial Unit receives these documents. The Hirer must provide the certificate of currency of insurance (as referred to in clause 28) prior to the first day of hire.
  12. In signing and returning the Terms & Conditions Of Hire, the hirer acknowledges the University's policy on the expression of religious, political and other values, beliefs and ideas at the University, and the requirements, including in particular the types of behaviors which may be in contravention to the University's policy and it’s guidelines, and the actions which may be taken if the University's policies and guidelines are breached.
  13. Full payment for the hiring of facilities (including technical or security charges) is due fourteen days prior to the first day of hire. If the booking has been made within fourteen days of the first day of hire, full payment must be made on the date nominated by the Commercial Unit.
  14. If hire charges are not paid by the hirer when due, a booking may be cancelled with immediate effect. Subsequent payment by the hirer does not guarantee the reinstatement of cancelled bookings.
  15. Cancellations must be made in writing and acknowledged and accepted by the Commercial Unit. Cancellation fees may be charged for bookings cancelled without proper notice to the Commercial Unit. Unless otherwise specified in writing by the Commercial Unit, the following schedule of cancellation fees will apply. Fees for cancellation within 7 business days of the first date of hire will be equal to 50% of all catering, audio visual, setup, staffing and service fees plus 25% of facility hire costs plus GST. Fees for cancellation within 3 full business days of the first day of hire will be equal to 100% of all catering, audio visual, and setup; staffing and service fees plus 50% of facility hire costs plus GST. Fees for cancellation within 24 hours of the first date of hire will be equal to 100% of the total catering, audio visual, setup, staffing and service fees and facility hire costs plus GST. In all cases the cancellation fee for any facility booking not exceeding $500 (inc GST) is $55 (inc GST) if the booking is cancelled within 7 days of the booking being made.
  16. Permission to supply alcohol at any function on the campus must be obtained in advance. Such requests will normally be approved in those areas generally used for social gatherings. Permission will not be granted to supply alcohol in areas used for teaching and study purposes except under special and extraordinary circumstances. The sale of alcohol on University premises, except for licensed areas, is illegal.
  17. Facilities generally contain only basic furniture. The University may charge the hirer a fee in addition to the hiring fee either before or after the hire period for services, furnishings and equipment considered to be in excess of those normally associated with the facility . The University may also charge the hirer a fee if furniture within the facility is changed or re-arranged during the hire period and not returned to its original state at the end of the hire period.
  18. The consumption of food and drink is prohibited in University theatres and classrooms, unless special permission is granted by the University. The University has facilities for serving food and catering can be arranged through the University Union. On application, the University may also grant permission for approved caterers to operate on University premises.
  19. Parking is not available on the City Campuses and the hiring of a facility does not entitle the hirer to parking. At the City campuses parking is limited to street metered parking and parking stations.
  20. Smoking is prohibited in all University buildings.
  21. Animals and birds are not allowed on any University campus without prior written approval from the Commercial Unit, which must be applied for at least four weeks prior to the hire period. The Commercial Unit will require any hirer granted permission to have animals or birds on any University campus to provide a bond for an amount determined by the Commercial Unit which will be forfeited in the event of any damage to the property owned or managed by the University.
  22. The hirer must not allow any third party to use the facility without obtaining prior written permission from the Commercial Unit. Unless the hirer agrees to share the use of the facility, the Commercial Unit must only hire the facility to one hirer at a time.
  23. No temporary structures such as tents may be erected or assembled on any University campus. No electrical, mechanical or other equipment may be brought on to any University Campus without prior written approval from the Commercial Unit.
  24. The driving of tacks, nails or screws etc. into the woodwork or walls or any part of the facility, or any furniture or fixtures within the facility is strictly forbidden. Anything other than plants or floral decorations must not be brought on to any University Campus either inside or outside any premises without express approval of the University. Hirers may not again, without express permission of the University, remove any plants, furniture or equipment of the University from the facility or the immediate surrounds of that facility.
  25. Hirers must ensure that the facility and its surrounds are left in a clean and tidy condition. The hirer must pay for any damage sustained to any University property whether through their own actions or through the action of their employees, contractors, sub-contractors or, guests attending any function booked by the hirer and the cost of cleaning the facility and its surrounds if they are not left reasonably clean and tidy.
  26. Sound equipment must not be used on any University campus without the hirer having obtained prior written approval from the Commercial Unit. Hirers applying to use such amplification equipment must describe it to the Commercial Unit in detail. If the Commercial Unit permits the use of such equipment, the hirer must comply with all conditions imposed by the Commercial Unit in relation to the use of that equipment including, but not limited to ensuring that utility connections and facilities for mounting loudspeakers are installed in such a way as to control sound direction, establishing a fixed speaker’s or performer’s location, facilitating easy set-up of the sound system, controlling the decibel level of the sound and preserving the aesthetic values of the area.
  27. For a function that involves an admission charge, the University reserves the right to charge a percentage of the gross return in place of the usual rental rate for the facility.
  28. The hirer must obtain public liability insurance for an amount of not less than $20,000,000 applicable to its use of the facility. The hirer must also obtain any other insurance that may be required by the University, for example, workers compensation and property damage (including stock, buildings, furniture, fixtures and fittings plant and all other contents). For all insurance, the hirer must provide a certificate of currency or other evidence that shows that the insurance policy will apply to the UTS facilities and is not limited to the hirer's own premises. All insurance must be on such terms as required by the University. The hirer is exclusively responsible for all liability (including damages, loss, costs, actions, claims and demands) to any person or property caused or contributed to by the hirer (including its employees, members, officers, agents and invitees) in using, entering, leaving or being near the facility or within the University campus during or about the period of hire including but not limited to loss of life, personal injury, damage to property, damage to the facility or any area surrounding or adjoining the facility or loss or damage resulting from any faulty fittings or items brought onto the facility by the hirer. The hirer must pay any such liability and indemnifies the University in respect of any such liability that is incurred by the University resulting from any damage, loss, costs, actions, claims and demands resulting from the occurrence of any of the events referred to in this clause.  The hirer releases the University in respect of any claim that the hirer (including its employees, members, officers, agents and invitees) may otherwise have against the University in respect of any such liability.
  29. All University audiovisual equipment will be charged at a separate rate to venue hire and operation will be subject to prior approval from the Commercial Unit. Access to theatre projection boxes or audiovisual control rooms is not permitted without the presence of University personnel. The hirer is responsible for ensuring that any University equipment used during the hire period remains in the same condition as at the commencement of the hire period.
  30. Immediately following the end of the period of hire the hirer must vacate the facility. Failure to vacate the facility may result in extra charges being applied by the University. The hirer must also remove from the venue all goods; property or material brought in by or on behalf of the hirer.
  31. If the hirer fails to observe any of the above conditions, the University may terminate the hire arrangement with immediate effect and the University will not be obliged to refund any portion of hiring charges already paid.
  32. Smoke machines for events - The hirer must obtain prior written approval from the University by giving at least two weeks prior notice to the Commercial Unit should the hirer wish to utilise smoke devices or any other type of device in any University facility which could potentially trigger a smoke alarm or other fire safety device. The hirer acknowledges that the use of smoke in a facility may activate or interfere with the emergency fire alarm systems that summon the fire brigade automatically even when there is no fire. All costs arising from a false alarm caused by the failure of the hirer to comply with these requirements must be paid by the hirer.
  33. The hirer warrants that it will comply with its obligations under the Work Health & Safety Act 2011 (NSW). The hirer warrants that before entering into this agreement it has carried out a risk assessment of the undertaking that will be conducted from the facilities in the context of the Work Health & Safety Act 2011 (NSW) and that it is satisfied that it has identified any relevant risks. Without limitation, the hirer agrees that it will give such instructions to its employees and other persons to whom it may owe a duty under the Act and will implement systems and do other things that will ensure, so far as is reasonably practicable, that the health and safety of its employees, invitees or other persons is not put at risk from activities conducted by or on behalf of the hirer.
  34. The hirer will be responsible for any moneys that it receives and collects from its clients during the facility hire period. The University is not responsible and the hirer releases the University in respect of any loss incurred by the hirer for moneys received from the hirer's clients including but not limited to theft during the facility hire period.
  35. In addition to clause 29, the hirer must comply with all relevant regulations with respect to any audio visual and electrical equipment and the operation of that equipment that is brought onto the facility by the hirer. The hirer must seek the University's consent with respect to any equipment that the hirer intends to use on the facility.
 
I have read and understood the above conditions and as the person responsible, undertake the hiring University spaces and facilities on these terms and conditions.