These Terms and Conditions apply to every venue hire booking made for Level 5 rooms at the Woolcock Institute.
“Additional Charges” means:
(a) any costs incurred by the Woolcock as a consequence of any failure by the Hirer to:
(i) vacate the Venue Premises by the end of the Agreed Times;
(ii) promptly remove any goods or materials brought into the Venue Premises by or on behalf of the Hirer; or
(iii) leave the Venue Premises in a clean and tidy condition; and
(b) any charge in addition to the Hire Fee arising from any agreement with the Woolcock to extend the Agreed Times.
“Agreement” means the Agreement to which these Terms and Conditions are attached;
“Agreed Times” means the times specified in item G of the Agreement;
“Hire Fee” means, subject to clause 3.3, the amount specified in item H of the Agreement;
“Catering Form” means the form that is Attachment B to these Terms and Conditions;
“Confirmed Booking” means a hire confirmed by the Woolcock under clause 3.1(a);
“Date of Agreement” means the date specified in item C of the Agreement;
“Deposit” means 50% of the Hire Fee as specified in Item H of the Agreement;
“Function” means the function to be held by the Hirer at the Venue Premises on the Function Date as described in item C of the Agreement;
“Function Area” means that part of the Venue Premises specified in Item E of the Agreement;
“Function Date” means the date specified in item F of the Agreement;
“Hirer” means the hirer of the Function Areas as specified in item B of the Agreement;
“Supplier Approval Form” means the form that is Attachment A to these Terms and Conditions;
“Supplier” means an entity including, without limitation, any caterer, operator of electrical, lighting or sound systems, separate from or contracted by the Hirer that the Hirer would like to enter the Woolcock Premises as part of carrying out the Function;
“the Woolcock” means the Woolcock Institute of Medical Research of 431 Glebe Point Road, Glebe NSW 2037 Australia; and
“Venue Premises” means nominated areas available for use for functions, such as meeting and function rooms, lecture theatres, café, outdoor terrace, and kitchen/s within the Woolcock’s premises at 431 Glebe Point Road, Glebe NSW 2037 Australia.
2. Function Area hire
Subject to clause 3.1(a) and 4.1(a), the Woolcock agrees to hire the Function Area to the Hirer between the Agreed Times on the Function Date on the terms of these Terms and Conditions in consideration for the payment by the Hirer to the Woolcock of the Hire Fee.
Any Supplier, other than Woolcock pre-approved Suppliers, must be approved by the Woolcock in advance through the process initiated by the Hirer’s completion of the Supplier Approval Form and be made familiar with the Woolcock’s security requirements and facilities before the Function.
3. Hire Fee
(a) Within 10 business days after the Date of the Agreement, the Hirer must pay the Deposit to the Woolcock, which will then confirm hire of the Function Area.
(b) Regardless of any other provision of this Agreement, if the Woolcock has not received the Deposit within 10 business days after the Date of this Agreement, the Woolcock may terminate this Agreement at any time up to the time it receives and decides to accept the Deposit, without owing any liability whatsoever to the Hirer.
3.2 Balance of Hire Fee
(a) At least 5 business days before the Function Date, the Hirer must pay to the Woolcock the balance of the Hire Fee.
(b) As soon as possible but in any case not later than 20 business days after the Function Date, the Hirer and the Woolcock must reconcile any Additional Charges and the Hirer must pay this to the Woolcock. The Woolcock will issue an invoice to the Hirer clearly outlining Additional Charges. This must be paid within 7 days.
3.3 Revision of Hire Fee
(a) The Woolcock will not be liable for any loss or damage to the Hirer or any third party due to the exercise of the rights referred to in clause 3.3(a).
4. Cancellation of hire
(a) Subject to clause 4.1(b), the Hirer may cancel a Confirmed Booking at any time if there is a force majeure, or any other event, which in the reasonable opinion of the Woolcock, causes the Venue Premises to be rendered unfit for occupation.
(b) In the event of cancellation of a Confirmed Booking by the Hirer, the following cancellation fees may be deducted from the Deposit by the Woolcock, unless waived by the Woolcock:
(i) cancellation made 60 days or more before the Function Date, a cancellation fee equal to 50% of the Deposit;
(ii) cancellation made less than 30 days before the Function Date, a cancellation fee equal to 100% of the Deposit; and
(iii) cancellation at any time before the Function Date, where the Woolcock has engaged caterers or other suppliers on behalf of the Hirer, any fees and/or penalties charged by the Supplier for the cancellation will be charged to the Hirer.
(c) The balance of the Deposit (if any) after deduction of the cancellation fee referred to in clause 4.1(b) will be refunded to the Hirer.
4.2 The Woolcock
(a) The Woolcock may cancel a Confirmed Booking at any time if there is a force majeure (e.g. flood), or any other event, which in the reasonable opinion of the Woolcock, causes the Woolcock Premises to be unsafe or inappropriate to hold the Function.
(b) The Woolcock shall not be liable for any loss or damage to the Hirer or any third party in consequence of the exercise of the rights referred to in clause 4.2(a).
(c) In the event of cancellation of a Confirmed Booking by the Woolcock, the Woolcock will refund the Deposit to the Hirer if, in the Woolcock’s reasonable opinion, the Hirer is not in any way responsible for the cancellation.
5. The Woolcock Venue Premises
(a) must not attach in any way to walls, doors, glass, floors, furniture or fittings in or around any part of the Venue Premises any nails, screws, adhesive tape, signs or other item without the express prior consent of the Woolcock;
(b) must, in a timely manner, remove all decorations or structures from the Venue Premises after the Function; and
(c) must not interfere with or alter any of the Woolcock’s electrical systems, lighting or sound systems.
5.2 Smoking prohibited
Smoking is not permitted within the Venue Premises, including the Level 5 outdoor terrace area. In keeping with the Woolcock’s mission to improve the respiratory and sleep health of all Australians through research, education, prevention and care, the Woolcock is committed to providing a smoke-free environment for its patients, staff and guests.
5.3 State of the Woolcock Venue premises
The Hirer must:
(a) vacate the Venue Premises by the end of the Agreed Times;
(b) promptly remove any goods or materials brought into the Venue Premises by or on behalf of the Hirer and leave the Venue Premises in a clean and tidy condition; and
(c) return any Venue Premises keys to the Woolcock as soon as practicable after the end of the Agreed Times but, in any case, by the end of the next business day.
5.4 Loss or damage
(a) The Hirer:
(i) is responsible for the cost of making good any damage caused to the building, floor, furniture or fittings arising out of, and in the course of, the Function, reasonable wear and tear excepted; and
(ii) must inform the Woolcock immediately on the Hirer becoming aware of any breakage or damage to the Venue Premises or its fittings or fixtures and pay for any damage or loss suffered by the Woolcock that is caused by anyone attending the Function.
(b) Any damage caused to the Woolcock property will be restored by the Woolcock and the cost of such repairs or replacements will be charged to the Hirer.
5.5 Good neighbour policy
(a) The Hirer must:
(i) Ensure noise is restricted to a reasonable level so as not to generate complaints from neighbours; and
(ii) be responsible for the behaviour and the quiet departure of invitees from the Venue Premises.
(b) The Hirer must not do, or allow anything to be done, in the Venue Premises, or their vicinity that is disorderly or offensive. The Woolcock reserves the right to pass on any charges to the Hirer if our security guards are called out to the Venue Premises, for any reason that is directly related to the Function.
5.6Fire safety and fire exits
(a) Fire exits are to be kept clear at all times and no items shall be placed in front of, or obstruct, access to the fire exits. Obstructions of fire exits can accrue fines. In this event these will be passed on to the Hirer.
(b) The Hirer is not permitted to take into, or use, within the Venue Premises: any type of firework or flammable substances, any chemical substance deemed toxic or dangerous of any kind.
(c) Under no circumstances are smoke machines to be used within the Venue Premises. If they are and smoke alarms are set off, the cost of the Fire Brigade call out fee will be charged to the Hirer.
6. Conduct of Function
6.1 Compliance with laws
The Hirer must:
(a) comply with the requirements of all relevant laws including, but not limited to, the Liquor Act 1982 (NSW). All staff who serve liquor, including those serving liquor in a voluntary capacity, must have completed an approved ‘responsible service of alcohol’ course and be able to produce a copy of their RSA course certificate on demand. Alcohol can be consumed, but not sold on the Venue Premises;
(b) ensure that:
(i) no person under the age of 18 years will be served with alcoholic liquor or allowed to consume alcoholic liquor on the Venue Premises; and
(ii) no alcohol is consumed on the footpath or otherwise near the Venue Premises; and
(c) comply with the Worker’s Compensation Act 1987 (NSW), the Occupation Health and Safety Act 2000 (NSW) and relevant Australian standards and codes; and
6.2 Access and attendance
(a) Normal opening hours of the Woolcock are 8:30am to 5pm Monday to Friday, excluding public holidays. The Hirer must be in attendance at the Venue Premises at least one hour before the commencement of the Function. Set up and pack up is the responsibility of the Hirer and must be completed within the Agreed Times. This requirement is partly to ensure that the Hirer has ready access to the Venue Premises and the Function Area, without clashing with another user of those areas.
(b) Persons arriving before the Agreed Times, without being accompanied by an authorised representative of the Hirer, or without a specific arrangement with the Woolcock, may be refused access to the Venue Premises.
The Hirer must comply with the directions of the Woolcock’s management and Function Venue staff whilst on the Venue Premises.
6.4 Deliveries and use of goods lift
All deliveries for the Function must be arranged with the Woolcock before delivery. Access to the basement carpark and use of the goods lift for deliveries and services to the Function must be arranged with the Woolcock before the Function. The Hirer must take proper precautions not to damage the goods lift or lift lobby areas, especially when used to move bulky items.
The Woolcock reserves the right to refuse entry to the Venue Premises to any of the Hirer’s invitees.
7. Indemnity and exclusion of liability
7.1 Hirer’s indemnity
The Hirer is liable for and indemnifies the Woolcock from and against all actions, claims, demands, losses, damages and expenses for which the Woolcock shall or may be or become liable or suffer in respect of any breach of these Terms and Conditions by the Hirer.
7.2 Exclusion of liability
The Woolcock accepts no responsibility for any loss or damage to the property of the Hirer, any Contractor, any invitee of the Hirer or any other third party except to the extent that that loss or damage was caused by the negligent or wilful act or omission of the Woolcock.
8. No assignment
The Hirer must not assign, transfer, sub-let or sub-licence or otherwise part with occupation of the Function Area.