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Terms and conditions for the hiring of the Hall

COORPAROO SCHOOL OF ARTS INC.

Licence to Occupy Agreement

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This licence to Occupy Agreement (“Agreement”) is made on the date stipulated in Item 1 between the parties namely the Owner and the Hirer. Reference in this Agreement to items are to items in Schedule 1.

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It is agreed between the Parties in consideration of the Owner agreeing to licence the property specified in Item 4 (the “Property”) to and at the request of the Hirer as follows;

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1. Hiring of Premises

  1. The Owner will hire the Property to the Hirer on the terms and conditions in this Agreement.

  2. The hiring of the Property shall be for the Hiring Period specified in writing and agreed to by the Owner and no other period.

  3. The Owner may vary the hiring Period by providing to the Hirer one week's written notice of any changes to the Hiring Period.

  4. The Hirer shall fully indemnify the Owner against all losses, damages, costs, claims and other liabilities on all accounts whatever that the Owner may incur in connection with this Agreement and the use and occupation of the Property by the Hirer.

  5. Each Hirer must execute a separate Agreement with the Owner.

  6. The Hirer is not the agent of the Owner for the purpose relating to this Agreement.

 

2. Fees and Other Money

  1. On or prior to seven (7) days prior to the Hiring Period the Hirer shall pay to the Owner the Fees as specified in a separate invoice. If the Hirer does not strictly pay the Fee, the Owner may bar the Hirer from access to the Property.

  2. All money payable by the Hirer under this Agreement shall be paid at the Owner’s address specified in item 1 or at such other place as the Owner may direct in writing, without any deduction, set off or counterclaim whatever.

  3. Hirers shall have six (6) months from conclusion of an event to claim refund of any bonds or outstanding fees.  Where a claim is not received such monies owing shall be considered a donation to the Association.

 

3. Operation and Maintenance

  1. The Hirer shall not use the Property for any purpose other than as specified in item 4

  2. The Hirer must keep and maintain the Property in good repair and condition while using it under this Agreement, and immediately repair any damage caused by the Hirer to repair anything that may be broken by the Hirer.

  3. The Hirer shall use the Property with due care and diligence and in compliance with the reasonable directions of the Owner.

  4. The Hirer shall:

  1. Lock up and secure the Property when leaving at the end of each hiring period, and

  2. Turn off all lights, fans, power points and electrical equipment at the end of each Hiring Period, and

  3. Keep the Property clean and dispose of all refuge created in to the Council’s collection bins, and

  4. Keep any noise to a minimum during the Hiring Period.

 

4. Permitted Use and Conduct of Business

  1. The Hirer shall not carry on in or about the Property any annoying, noxious, offensive or illegal business, occupation or practice.

  2. The Owner gives no warranty (either present or future) as to the suitability or adequacy of the Property or the Hirer’s use of the Property.

  3. The Hirer shall obtain all relevant approvals and permits and comply with and observe at its cost all requirements of any statute in relation to or affecting this Agreement, the Property and the use and occupation of the Property by the hirer. However, the Hirer is not obliged to carry out any structural works unless required because of its use.

 

5. Risk

  1. The Hirer shall use the Property entirely at its own risk and assumes full responsibility for all injuries to or death of persons or damage to any property where the negligence is caused by the Hirer, and or guests.

  2. The Hirer must if required by the Owner affect and maintain with a reputable insurer in the joint names of the Owner and the Hirer a policy of public risk liability insurance for an amount of not less than $5 million per occurrence and on such terms as the Owner may reasonably require from time to time.

 

6. Assigning and Sublicensing

This Licence is personal to the Hirer and the Hirer shall not assign (including transfer) sublicense or part with possession or share possession of the Property or of this Agreement in favour of any person (other than the Owner) nor otherwise deal with this Agreement. The Hirer does not have the right to exclusive occupation and has a licence not a lease.

 

7. Installation of Signs and Nameplates

The Hirer shall not erect or install any sign, advertisement, nameplate or other notice of any kind in or about the Property without the prior written consent of the Owner.

 

8. Defalt by Hirer

  1. The Hirer shall pay to the Owner all losses, damages, costs and other expenses incurred by the Owner of and incidental to any such default, including damages for loss of bargain for the entire Licence Term.

  2. The Hirer shall pay to the Owner without any notice or demand interest at the rate of fifteen percent per annum on all Fees and other moneys payable by the Hirer to the Owner under  this Agreement that are not paid when the same become due and payable. Such interest shall be calculated from the date when such licence fees or other moneys become due and payable up to and including the date of actual payment, and shall be deemed to accrue from day to day and shall be capitalised on the last day of each month.

  3. Despite anything to the contrary contained or implied in this Agreement or under any rule of law, the Owner shall not be in default under this Agreement or be regarded as having repudiated this Agreement in any manner whatever unless the Hirer shall have given the Owner written notice of such default, and the Owner shall have failed within a reasonable time to take proper steps to rectify the same.

  4. This Agreement may be terminated by the Owner without any compensation or further notice to the Hirer if any one or more or all of the following events of default at any time occur:

  1. Any Fees or other monies payable by the Hirer under this Agreement shall be unpaid after becoming  payable whether formally demanded or not; or

  2. The Hirer fails to perform or observe in a timely manner any of its other covenants under this Agreement that ought to be performed or observed by that party and the Hirer has, in the case of a remediable default, failed to remedy the default within a reasonable time (but no longer than  (7 ) days) after written notice by the Owner requiring the default to be remedied.

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9. General

  1. Anything to be performed by two or more persons as a party binds those jointly and each of them severally; and

  2. Reference to the “Owner” in this Agreement includes its executors, administrators, successors and assigns and, unless inconsistent with the subject matter or context, includes any person authorised by the Owner. References to the “Hirer” include its (respective)executors, administrators and successors and, unless inconsistent with the subject matter or context includes (in the case of the Hirer) its employees, agents and any person authorised by the Hirer; and

  3. Time is of the essence in respect of all rights and obligations of the Hirer under this Agreement; and

  4. Any person signing for and on behalf of any party warrants to any party warrants to all other parties that the person signing has full and unqualified authority to bind the principal; and

  5. The Hirer shall pay all stamp duty and taxes on this Agreement; and

  6. The Fee is exclusive of GST, and the hirer must pay all GST on any supply under this Agreement.

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