Facility Hire Terms and Conditions

1.1         The Hire Agreement comprises the Booking Application, Booking Confirmation, these Terms and Conditions and any Special Conditions (including any and all schedules or annexures thereto).

1.2         The Hirer agrees that these Terms and Conditions and any Special Conditions apply to each and every hire of the Premises, Facilities and/or Equipment by the Hirer from the Club.

1.3         The Club may vary these Terms and Conditions and any Special Conditions from time to time. In such instances the Club will give reasonable prior notice of such changes (being not less than 5 Business Days) and will make a copy available to the Hirer or via the Club's website.

1.4         The Hire Agreement is at all times subject to the Club's lease of the Premises from Logan City Council.  If the lease comes to an end for any reason not attributable to default of the Hirer under the Hire Agreement, the Hire Agreement and all bookings under it simultaneously end and terminate and the Club shall refund any Hire Fees and Charges or Security Deposits paid for Booking Periods so cancelled.  The Hirer shall comply with all reasonable and lawful directions of the Club and the Council regarding the Premises.

2.1         The Hire Agreement commences when the Booking Confirmation is made and the Hirer pays the Security Deposit or any Hire Fees and Charges to the Club.

2.2         The Hire Agreement ends when it is fully performed, is terminated under clause 36, or otherwise ceases by judicial order or pursuant to law.

3.1         Subject to clause 3.2, the Hirer has a non-exclusive right to occupy and use the Premises, Facilities and/or Equipment for the Booking Period for the Permitted Use, on the terms and conditions contained in the Hire Agreement.

3.2         The Club retains the right to cancel or rearrange bookings at any time if any part of the Premises is required for use by the Club. In the event of cancellation or rearrangement of bookings, a Club representative will endeavour to provide the Hirer with due notice and offer alternative arrangements where possible. In the event that the Club is unable to offer a suitable alternative, the Club will terminate the Hire Agreement and all monies paid in respect of a cancelled booking will be returned to the Hirer. The Club is not liable to the Hirer for any loss or damage suffered by the Hirer as a result of such cancellation and termination.

4.1         The Hirer must pay the Hire Fees and Charges to the Club in accordance with the payment terms set out in the Booking Confirmation.

4.2         The Hirer acknowledges the Hire Fees and Charges are based on the Club's revenue policies and determinations, which are subject to review each year. If such review occurs during the term of this Hire Agreement, the Club may increase the Hire Fees and Charges payable by the Hirer by giving reasonable notice (being not less than 5 Business Days) to the Hirer. If the Hirer receives notice of an increase in Hire Fees and Charges pursuant hereto, the Hirer may terminate the Hire Agreement at any time prior to the expiry of the notice period without incurring any penalty, cost or expense.

4.3         If the Club incurs any expenses as a result of the Hirer's use of the Premises, Facilities, or Equipment, including but not limited to cleaning, Club personnel, security, or any damage to the Premises, Facilities, or Equipment in connection with the Hirer's use, the Hirer must promptly reimburse the Club for such expenses upon receipt of an invoice from the Club for the amount.

4.4         The Hirer may be charged additional fees and charges in instances where the Hirer:

(a)           is late in vacating the Premises;

(b)           accesses the Premises outside of the Booking Period; and/or

(c)           uses additional spaces, facilities or equipment within the Premises.

4.5         The Hirer must pay all taxes, duties and government charges imposed or levied in connection with this Hire Agreement.

4.6         If GST applies, GST is included in the hourly rates and is to be paid by the Hirer. Costs plus GST will be taken into account in calculating any refund due to the Hirer.

4.7         The Club reserves the right to charge interest, at a rate of 10% per annum, on all moneys outstanding to the Club for any period in excess of thirty (30) days of the payment due date.

4.8         The Club reserves the right to exclude the Hirer from the Premises if moneys are outstanding for any period.

4.9         In addition to the Club's rights under the preceding clause, the Hirer acknowledges that a failure by the Hirer to pay any outstanding moneys, including Hire Fees due hereunder, may result in the Club cancelling the booking and terminating the Hire Agreement. In such circumstances, the Club will not be liable to the Hirer for any refund of Hire Fees or Charges, or any loss or damage suffered by the Hirer as a result of such termination of the Hire Agreement.

5.1         The Hirer must pay the Security Deposit to the Club by the due date set out in the Booking Confirmation. The Hirer acknowledges that the Security Deposit is a bond to guarantee the costs of any outstanding Hire Fees and Charges, additional fees and charges, expenses incurred by the Club, or damage to the Premises, Facilities, or Equipment in connection with the Hirer's use of the Premises, Facilities, or Equipment.

5.2         The Club will deduct any such amounts from the Security Deposit and, at the Club's option, either deduct and offset the balance of the Security Deposit (if any) from any outstanding Hire Fees at the end of the Booking Period, or return the balance of the Security Deposit to the Hirer within one month of the end of the Booking Period.

6.1         The Hirer must enter into a new Hire Agreement for use of the Premises, Facilities, or Equipment beyond the Booking Period. Such requests must be made at least 5 Business Days prior to the booking and are subject to availability. Additional hire fees may apply.

6.2         The Booking Period cannot be reduced once booked. Any change in the booking other than in accordance with clause 6.1 constitutes a cancellation by the Hirer.

6.3         In the event of a cancellation by the Hirer, a cancellation fee will be charged to the Hirer in the amount of $30 or otherwise as specified in the Booking Confirmation.

6.4         All cancellations are to be confirmed in writing by the Hirer.

6.5         The Hirer must promptly inform the Club in writing if they are not attending all or part of the agreed Booking Period.

7.1         In the event of a force majeure event including a fire, flood, earthquake, state of emergency, act of God, war, Government regulation, strike, industrial action, act of terrorism or epidemic ("Force Majeure Event") and any other occurrence which is beyond the reasonable control of the Club, then the Club reserves the right to cancel the booking without prior notice and the obligations of the Club pursuant to this Hire Agreement shall be suspended during the period of the Force Majeure Event.

7.2         The Club will notify the Hirer of the cancellation and use best endeavours to reach agreement with the Hirer on rescheduling the booking.

7.3         If the hire cannot be rescheduled then the Club shall retain that portion of the Hire Fee necessary to cover the Club's costs incurred up until the time the booking is cancelled, with the balance then refunded to the Hirer.

8.1         The Hirer must hold and maintain a public liability insurance policy in the minimum amount of $20,000,000 for any individual claim, covering any and all applicable Booking Periods, issued by an insurer licensed by the Australian Prudential Regulatory Authority to carry on insurance in Australia or with an investment grade rating from an industry recognized rating agency such as Moodies, Standard & Poors, or Bests.

8.2         The Hirer must provide a certificate of currency for the insurance required by clause 8.1 to the Club at the time the booking is made.

8.3         The Club reserves the right to cancel a booking and terminate the Hire Agreement if the Hirer fails to comply with clause 8.2.

8.4         Individuals and small community groups unable to secure their own public liability insurance may apply to the Club for cover via the Club's Hirer's Liability Insurance facility.  A fee for this insurance cover will apply if the application is accepted and the Hirer will be responsible for the policy excess payable under the policy in the event of a claim. The Club may refuse any application for such cover, or impose special conditions on providing such cover, at its absolute discretion.  Any such insurance cover will be subject always to the insurer's terms and conditions, policies, procedures and requirements.

9.1         The Hirer must indemnify and keep the Club indemnified for and against all damages, action, suits, claims, costs and demands, which may be made or recovered against the Club by any person whatsoever in respect of any loss, injury (including death) or damage sustained whilst in or upon the Premises or Facilities, or use of the Equipment, or arising from a breach of the Hire Agreement by the Hirer, except to the extent that such loss, injury or damage is caused by the negligence of the Club, its servants and agents.

9.2         The Hirer releases the Club from any loss, expense or claim of any nature, including a claim by the Hirer or any third party, in connection with the use of the Premises, Facilities or Equipment, or arising from a breach of the Hire Agreement by the Hirer.

10.1       The Premises, Facilities and Equipment are only available to hire for activities that have a direct community/sporting/recreation focus, including sports programs/activities and competitions, school program use, playgroups, church groups, community meetings, other programs including learn to play and holiday camps, and professional development and coaching.

10.2       The Hirer must only use the Premises, Facilities, and Equipment for the Permitted Use stated in the Booking Confirmation.

10.3       The Hirer is responsible for undertaking a risk assessment of the Premises, Facilities, and Equipment prior to use and to determine if it is safe and suitable for the Permitted Use. In the event the Hirer deems it not safe and/or suitable, the Hirer must notify the Club.

11.1       The Hirer must ensure that it observes and complies with the Club's policies and procedures in respect of the Premises, Facilities, and Equipment including those displayed at the Premises and Facilities and published on the Club's website from time to time.

11.2       The Hirer must comply with the Club's reasonable directions (including any reasonable directors given by a Club representative) and all laws concerning any health emergency or epidemic which may be declared or arise at any time.

12.1       The Hirer must provide the Club with the name and mobile phone number of a Hirer representative that will be present and contactable at all times during the Booking Period. The nominated contact must be responsive to calls and contactable by the Club at all times during the Booking Period.

12.2       Where required by the Club, a representative of the Hirer must complete a Club induction prior to use of the Premises, Facilities, and Equipment.  The Hirer must ensure that the representative is present during the Booking Period and that the Hirer's use of the Premises, Facilities and Equipment complies with the information provided during the Club induction.

12.3       If the Club determines the Hirer failed to comply with the obligations in clauses 12.1 and 12.2, the Club may immediately cancel the booking and terminate the Hire Agreement, and reserves the right to cancel or reject any future bookings of the Premises by the Hirer, at its sole discretion. In such circumstances, the Club will not be liable to the Hirer for any refund of Hire Fees or Charges, or any loss or damage suffered by the Hirer as a result of any cancellation or rejection of bookings or termination of the Hire Agreement.

13.1       Access to the Premises, Facilities and Equipment is strictly limited to the Booking Period. Access outside of the Booking Period may incur additional fees and charges.

13.2       The Club reserves the right to control the Premises including all means of ingress and egress, and admission of the public (including the right to refuse admission to any person or persons).

13.3       The Hirer acknowledges that the lawn in front of the hall may be used by users/hirers of the hall but doubles as an access route to the field.  The Hirer shall cooperate with other users/hirers of the hall or field.  The Hirer must allow any person who is using/hiring the field to access the field via the lawn and shall not restrict such access at any time. Likewise, any Hirer of the field shall not interfere with use of the hall by a user/hirer of the hall. The Hirer is responsible for any risks or inconvenience associated with the shared use of the lawn by these persons.

14.1       The Hirer shall access the Facilities using keys and codes issued by the Club.  The Hirer shall not copy or duplicate keys and codes for its own purposes.  At the end of each Booking Period, all keys and codes must be returned to the Club and all padlocks must be put back on all gates.

14.2       All keys and codes must be kept strictly confidential by the Hirer and the Hirer's authorised representative under clause 12.

14.3       If a Club representative is required to provide access to the Facilities (and attend the Premises to open any Facilities), the Hirer shall contact the Club and give reasonable notice as to when such access is required.

14.4       The Hirer acknowledges and agrees that the Club uses or may at its discretion use closed-circuit television or any other video or audio surveillance and recording equipment to monitor the Premises, Facilities and/or Equipment at any time and at all times.

14.5       The Club reserves the right to require the Hirer to provide security personnel for any booking and the Hirer must comply with any such requirement of the Club. This will be based on a risk assessment carried out by the Club. The Hirer will be advised in writing if security is deemed necessary.

14.6       The provision of security personnel is the responsibility of the Hirer and is at the Hirer's expense. The Hirer must ensure any such security personnel are appropriately qualified and licensed and must provide evidence to the Club that the required security personnel have been arranged before the Hirer's use of the Premises for the Booking Period can proceed.

14.7       In the event that the Club deems it necessary to deploy its own security personnel to the Premises during the Booking Period in connection with the Hirer's use of the Premises, Facilities or Equipment (such as the Premises being used for dangerous or illegal activities), the Club reserves the right to recover the costs of such security personnel from the Hirer. 

15.1       The Premises, Facilities and Equipment are only available for use by the Hirer during the Booking Period stated in the Booking Confirmation.

15.2       Hirers must allow for set-up, pack up and cleaning in the Booking Period. Use beyond the Booking Period may incur additional fees and charges.

16.1       The Hirer will not place any signs, decorations, or other structures on, or make any addition or alterations to, any part of the Premises, Facilities, or Equipment including but not limited to trees, fences, structures, facilities, fittings, furniture, goods, and equipment without the prior written consent of the Club.

16.2       The Hirer must not drive in or attach in any way nails, screws, tape or any fastenings to any part of the Premises, Facilities, or Equipment including but not limited to trees, walls, floors, furniture, or fittings.

17.1       The Hirer must not bring electrical appliances, such as generators, or amusement devices, such as jumping castles or slides, to the Premises without the prior written consent of the Club.

17.2       The Hirer will not be permitted to store any equipment on the Premises without the prior written consent of the Club.

17.3       The Hirer must ensure that any electrical equipment brought onto the Premises by the Hirer or any of its officers, employees, agents or guests, is tested and tagged by a duly qualified contractor.

18.1       The Hirer is responsible for the entire area of the Premises specified on the Hire Agreement. The Hirer is liable for any damage to the Premises, Facilities and Equipment (including furniture and fittings located within the Premises) during the Booking Period or in connection with the Hirer's use of the Premises, Facilities or Equipment.

18.2       If the Hirer moves any equipment in the Premises the Hirer must return the equipment to their original location, in accordance with instructions from the Club or Club representative.

18.3       The Hirer is responsible and liable for the conduct and behaviour of all guests using the Premises, Facilities or Equipment during the Booking Period. Children must be supervised at all times.

18.4       The Hirer is responsible for any sun damage or injury suffered by any individuals attending the Premises under the Hire Agreement and must ensure that all such persons apply appropriate sun protection measures at all times (including wearing hats and protective clothing and applying sun screen).

19.1       No animals, with the exception of assistance animals (as defined under the Guide, Hearing and Assistance Dogs Act 2009 (Queensland)), are permitted on the Premises without the prior written consent of the Club. Exceptions will be made for Hirers conducting or coordinating animal training groups and similar activities.

20.1       The Hirer must not interfere with the use, enjoyment or occupation of the Premises by any other authorised occupants or users of the Premises.

20.2       The Hirer must minimise its impact on neighbours of the Premises, including with respect to the arrival and departure of its agents, employees, contractors, volunteers, and guests.

20.3       The Hirer must not use the Premises in an immoral or offensive manner, including but not limited to the use of offensive language by the Hirer's agents, employees, contractors, volunteers, and guests, or permit anything on the Premises which in the opinion of the Club constitutes a nuisance, disturbance or may cause damage to the Premises or cause nuisance or disturbance to other users or neighbours of the Premises.

20.4       The Hirer must ensure that noise and sound levels, including noise from the Hirer's agents, employees, contractors, volunteers, and guests (such as shouting and yelling), do not cause annoyance, nuisance or disturbance to other users or neighbours of the Premises. No public address (PA) system or electronically operated sound equipment shall be used at the Premises at any time. Any direction to the Hirer or Club representative to reduce noise or sound levels must be complied with immediately.

20.5       If the Club determines the Hirer is not complying, or failed to comply, with the obligations in this clause 20, including where in the Club's reasonable opinion the Hirer's use of the Premises amounts to a nuisance or disturbance to other users or neighbours of the Premises, the Club may immediately cancel the booking and terminate the Hire Agreement, and reserves the right to cancel or reject any future bookings of the Premises by the Hirer, at its sole discretion. In such circumstances, the Club will not be liable to the Hirer for any refund of Hire Fees or Charges, or any loss or damage suffered by the Hirer as a result of any cancellation or rejection of bookings or termination of the Hire Agreement. 

21.1       The Hirer must not, and must ensure its agents, employees, contractors, volunteers, and guests, not smoke, take non-prescription drugs, or be under the influence of alcohol or non-prescription drugs whilst on the Premises. Hirers must comply with all Queensland smoking laws and regulations. In particular, the Hirer must ensure that nobody smokes within 5 metres of the Facilities.

22.1       The Hirer acknowledges that there are two (2) available public toilets on the Premises; one male toilet and one female toilet, both of which are located in the Hall.

22.2       The toilets must be shared by the Hirer with all users/hirers of the Premises (whether they have hired the hall or the field).

22.3       The Hirer must not, and must ensure its agents, employees, contractors, volunteers, and guests do not, use any part of the Premises other than the toilets as a toilet.

22.4       If a breach of this clause 23 occurs:

(a)           the Hirer will be liable for any costs incurred in cleaning or repairing any damage caused to such property by the breach;

(b)           the Club may immediately cancel the booking and terminate the Hire Agreement;

(c)           the Club may cancel or reject any future bookings of the Premises by the Hirer, at its sole discretion.

22.5       The Club will not be liable to the Hirer for any refund of Hire Fees or Charges, or any loss or damage suffered by the Hirer, as a result of any cancellation or rejection of bookings or termination of the Hire Agreement pursuant to the preceding clause. 

23.1       The Hirer acknowledges that there are risks associated with inclement weather and agrees to at all times to place the health, safety and welfare of its agents, employees, contractors, volunteers, guests, participants, and invitees ahead of other considerations, irrespective of the inconvenience and cost.

23.2       The Hirer must regularly monitor weather forecasts in the lead up to, and during the Booking Period using the Bureau of Meteorology (BOM) Website (www.bom.com.au).

23.3       Hirers are responsible for developing, maintaining and enforcing their own inclement weather plan covering adverse and extreme weather conditions such as heavy rain, lighting/thunderstorms, hail/ice, extreme heat/cold, limited air quality/pollution.

23.4       The Hirer's inclement weather plan must ensure that all its participants (including players, officials, umpires, coaches, parents, volunteers, staff, representatives and spectators) play in the safest environment possible and with minimal risk of harm.

23.5       The Club reserves the right to close the Premises due to inclement weather conditions without notice.

23.6       Should the Premises be closed by the Club due to inclement weather conditions, the Club is not required (but may at its sole discretion) refund any Hire Fees and Charges for the period of the closure.

24.1       The Club is not responsible for any lost property of the Hirer or any of its agents, employees, contractors, volunteers and guests. 

25.1       No open flames or fires shall be permitted within the Premises or Facilities.

25.2       The Hirer must not sell food, drinks or merchandise on the Premises without the prior written consent of the Club.

25.3       The Hirer must not self-cater or hire their own caterers on the Premises without the prior written consent of the Club.

25.4       The Club is a non-licensed venue.  The sale of alcohol is prohibited without a proper licence obtained from Logan City Council. The Hirer is responsible for any breaches of alcohol licensing laws on the Premises by any persons or guests associated with the Hirer.

26.1       No advertising of any description or kind will be permitted on any part of the Premises or Facilities, unless authorised by the Club.

26.2       The Hirer must not paint, affix or erect any notices, advertisements, signs or other such material on or within the Premises or Facilities, without the prior written consent of the Club.

26.3       The Hirer must ensure that any of its material that refers to the booking, or the activity occurring at the Premises pursuant to the Hire Agreement, accurately reflects the Permitted Use stated in the Booking Confirmation.

26.4       The Club reserves the right to direct the Hirer to remove any material from the Premises which the Club considers is inappropriate or that may prejudice or compromise the Club's reputation or bring the Club adverse publicity or notoriety. 

26.5       The Hirer must not use any trademark, sign, symbol, mark or badge of the Club, including the Club's logo and the Club's name (in whole or part) for the purposes of advertising, marketing or merchandising, except with the prior written consent of the Club.

26.6       The Hirer must not broadcast, publish or communicate to the public images of the Premises or Facilities without the prior written consent of the Club. 

27.1       The Hirer must not use any equipment to photograph, broadcast, televise or record any activity at the Premises without the prior written consent of the Club. Any such approval may be subject to the Hirer entering into a separate written agreement with the Club and may be subject to additional fees and charges. 

28.1       The Hirer acknowledges that the Club has installed a closed-circuit televisiion (CCTV) system within the Clubhouse.  These cameras are operated for the purposes of ensuring the safety of the premises, monitoring compliance with hire conditions and protecting against theft or damage.

28.2       The Hirer accepts that cameras may be in operation at all times during the hire period.

28.3       Surveillance is limited to common areas and the main hall.  No cameras are located in private areas, including changing rooms, showers or toilets.

28.4       All footage is recorded and stored securely in accordance with relevant privacy laws.  Footage will only be accessed by authorised personnel if an incident, damage or breach of the hire agreement is suspected or reported.

29.1       The Hirer must leave the Premises and Facilities in a clean and tidy condition, removing all personal property, and refuse of any kind. The Hirer must vacate the Facilities (including removing all rubbish, team equipment, banners and all other goods of any kind brought into the Sports Facility by the Hirer) by the end of the Hire Period. The Hirer must ensure that the Facilities are left a clean, tidy, safe and in a proper condition to the Club Committee's satisfaction.  In this regard:

(a)           mops and brooms are available in the Clubhouse Cupboard, and bin bags kept in the kitchen drawers for should they be required;

(b)           sinks to be left clean and empty, with any plates/cups/cutlery/etc. cleaned and returned to the cupboard;

(c)           the Hirer must remove all food and drink upon departure from communal fridge; and

(d)           all garbage and individual garbage bins must be emptied into the industrial bin located near the Clubhouse.

29.2       A member of the Club Committee may complete an inspection of the Premises within 24-hours of the end of the Booking Period to ensure the Facilities have been left in an acceptable condition. Failure to meet minimum cleaning requirements will incur a cleaning fee of $100 (or such other amount as may be specified in the Booking Confirmation) to be paid by the Hirer for cleaning the Facilities (as per above). Continued failure to meet minimum cleaning requirements may result in the termination of the Hire Agreement.

29.3       The Hirer will be responsible for, and pay the cost of, any additional cleaning of the Premises and Facilities, if the Premises and Facilities are not left in a neat and tidy condition on departure. 

30.1       The Hirer is responsible for any accidents, loss, damage, or injuries sustained by any person using the Premises, Facilities or Equipment during the Booking Period, except to the extent that any such injury arose from or by reason of any defect with the Facilities or Equipment, and the Hirer agrees to indemnify the Club against all claims and demands made costs incurred in connection with such actions.

30.2       The Hirer is responsible for any damage caused to the Premises and Facilities (fair wear and tear accepted). In the event of damage caused during the Hire Period that results in an insurance claim, the Hirer will be required to pay the costs to cover the total excess for any claim (between $300 - $600, depending on the type of claim). 

30.3       The Hirer must ensure that the Premises, Facilities and Equipment are protected from damage and loss. Any damage to the Premises, Facilities or Equipment, including damage to grass, trees, garden beds, plantings, pavers, and structures, or loss of Equipment, caused by the Hirer or its agents, employees, contractors, volunteers, or guests, or in connection with the Hirer's use of the Premises, Facilities and Equipment, may be repaired or replaced by the Club at the Club's discretion and in that event the Hirer shall indemnify the Club upon demand for all repair or replacement costs.

30.4       The Hirer must immediately advise the Club of any accidents, loss, damage, or injuries sustained by any person during any period of hire. Failure to do so may result in the termination of the Hire Agreement.

31.1       The Hirer acknowledges that it is responsible for the safety and security of its agents, employees, contractors, volunteers, and guests when using the Premises, Facilities and Equipment.

31.2       The Hirer must use the Premises, Facilities and Equipment in a safe, proper, and efficient manner. In particular:

(a)           Before using the Facilities, the Hirer must ensure that the hall and/or fields are in a proper and safe condition for use. Any safety concerns must be reported to the Club immediately.

(b)           The Hirer must ensure that all exits remain clear and open for egress or ingress at all times. The Hirer must not block or obstruct any common areas or fire exits.

(c)           The Hirer must not bring, or permit any flame, candle, explosive, fuel, ammunition, pyrotechnic, firearm or flammable liquid or substance or any dangerous weapon to be brought into or used in the Premises or Facilities.

(d)           The Hirer must ensure that all fields being used at all times have post-pads properly fitted.

(e)           The Hirer acknowledges that the only goalposts provided are full-size and do not include netting. Hirers may bring their own pop-up goals for small-sided use provided they cannot damage the Premises and the Facilities including but not limited to pegging or piercing the field surface. Weighted sandbags are recommended to secure goals.

(f)            The Hirer must ensure that all junior players are supervised at all times by a coach who is adequately qualified or holds a valid blue card, and one or both persons who are responsible for the hire as indicated on the application form.

(g)           The use of bikes, roller blades, scooters, skateboards, and similar equipment is prohibited anywhere within the Premises and the Facilities without the prior written approval of the Club.

(h)           The Hirer must ensure that motor vehicles are not driven onto the fields, excluding emergency vehicles, unless prior approval is granted by the Club.

31.3       In the event of an emergency the Hirer must:

(a)           move its agents, employees, contractors, volunteers, and guests away from the source of immediate danger;

(b)           call Triple Zero '000' and ask for the relevant emergency service (e.g. police, fire brigade or ambulance), providing the information required by Triple Zero;

(c)           evacuate the Premises if instructed to do so by Triple Zero, emergency services, or the Club and following the Evacuation Plan provided in the Premises;

(d)           follow the directions of emergency services; and

(e)           notify the Club as soon as practicable of the situation and actions taken (e.g. evacuation, contacting Triple Zero).

31.4       The Hirer is responsible for providing its own first aid assistance, including the supply of ice, to any person requirement such assistance at any time whilst the Hirer is on the Premises.

31.5       The Hirer must comply with any reasonable direction of the Club in connection with the safe and property use of the Premises, Facilities and Equipment.

32.1       The Hirer must comply with all applicable work, health and safety laws including the Work Health and Safety Act 2011 (Queensland). The Hirer must provide evidence of its compliance with such obligations, including copies of documents such as risk assessments, upon request by the Club, prior to commencement of the booking.

32.2       The Hirer must comply with the Club's policies regarding work, health and safety at all times while on the Premises. Please contact the Club for a copy of these policies.

32.3       If requested by the Club, the Hirer must provide the Club with details of its risk management plan, incorporating arrangements for access control, security, deliveries to the Premises and general management of work health and safety matters (where the Hirer is a volunteer or a volunteer association and may not have duties under work health and safety law, when using the Premises for the Booking Period the Hirer must take reasonable care to protect the health and safety of the Hirer and the Hirer's employees and ensure that the health and safety of others are not adversely affected). 

33.1       The Hirer warrants that at the time of signing this Hire Agreement and during the term of this Hire Agreement, that the Hirer including its agents, employees, contractors and volunteers have complied with all their obligations under the Child Safety Law.

33.2       The Hirer is responsible for determining its obligations and complying with all requirements under Child Safety Law.

33.3       The Hirer must ensure that all volunteers and workers who work with children hold a valid blue card or exemption card.

33.4       In addition to any obligations under Child Safety Law, the Hirer must:

(a)           contact Queensland Police on '000' if a child is in immediate danger of abuse or harm as described in the Child Safety Law;

(b)           contact the Queensland Child Protection Helpline on '1800 177 135' to report a child at risk of significant harm, where required under the Child Safety Law; and

(c)           notify the Club of any child safety incident occurring at the Premises or Facilities and cooperate with the Club for any complaints and investigations relating to such incident.

33.5       The Hirer must upon request provide the Club with evidence of the Hirer's compliance with this clause 32, including but not limited to obtaining any checks required under Child Safety Law that prior to the start of the Booking Period and within 24 hours of a request by the Club. 

34.1       The Club will collect personal information from the Hirer in accordance with the Club's privacy policy available on the Club's website. The intended recipient of this information is the Club.

34.2       Whilst the supply of this information is voluntary, the personal information the Hirer provides will enable the Club to provide the Premises, Facilities, and Equipment to the Hirer pursuant to this Hire Agreement, and may be used for demographic and statistical analysis, future promotional marketing and publicity purposes.

34.3       Should the Hirer choose not to provide the personal information, the Club may not be able to provide the Hirer the Premises, Facilities, and Equipment. The Hirer can access, update or correct any information by contacting the Club.

35.1       The Hirer warrants that it has full legal capacity to enter into the Hire Agreement, including that the Hirer is 18 years of age or over (where the Hirer is an individual) and that the Hirer has obtained all board approvals and third party consents (where the Hirer is a body corporate).

35.2       The Hirer must comply, and must ensure its agents, employees, contractors, volunteers, and guests comply with the Hire Agreement, and the Hirer agrees to accept responsibility for any failure on the part of its agents, employees, contractors, volunteers, and guests to observe and comply with the Hire Agreement.

35.3       The Hirer must comply with all applicable laws, and any notice issued by a government authority, relating to the Permitted Use at the Premises.

35.4       The Hirer warrants that it holds the appropriate qualifications, certification and accreditation as is legally required to conduct the Permitted Use as stated in the Booking Confirmation. 

36.1       In addition to the Club's right of termination set out in earlier provisions of these terms and conditions, and its rights otherwise at law, the Club may cancel the booking and terminate the Hire Agreement by written notice to the Hirer at any time if:

(a)           the Hirer breaches any of its obligations under the Hire Agreement which is capable of remedy and fails to remedy that breach to the Club's reasonable satisfaction within the time period stipulated by the Club, or at least seven (7) days prior to the start of the Booking Period, whichever is the earlier;

(b)           the Hirer breaches any of its obligations under the Hire Agreement and the breach is not remediable;

(c)           the Club reasonably considers that the Hirer provided false, misleading or incomplete information about its identity, booking, Permitted Use, or proposed activities at the Premises;

(d)           the Hirer becomes, threatens or resolves to become or is likely to become subject to any form of insolvency, administration, receivership, bankruptcy or liquidation; or

(e)           the Club reasonably considers that the Hirer's use of the Premises, Facilities or Equipment is likely to cause damage to the Premises, Facilities or Equipment, or the reputation of the Club.

36.2       If the Club cancels the booking and terminates the Hire Agreement pursuant to clause 36.1, the Club will not be liable to the Hirer for any refund of Hire Fees or Charges, or any loss or damage suffered by the Hirer as a result of such cancellation and termination of the Hire Agreement. 

37.1       Nothing in this Hire Agreement will be construed or deemed to constitute a relationship of employment, trust, agency or partnership between the parties.

37.2       If a person enters into this Hire Agreement as a trustee, the person is bound by the Hire Agreement both in their capacity as trustee and in their personal capacity, and the person also warrants and assures the Club that the trust is valid and subsisting and that the trust fund has sufficient assets and is established on terms which permit the person as trustee to fully perform and complete the Hire Agreement according to its terms and conditions.

37.3       The Hirer must not transfer, assign, or sub-licence its rights under this Hire Agreement.

37.4       Each party must pay its own costs of negotiating, preparing and entering into the Hire Agreement.

37.5       The Hirer shall be responsible for any and all stamp duty or other taxes of a similar nature (including fines, penalties and interest) in connection with this Hire Agreement.

37.6       Any indemnity or any obligation of confidence under the Hire Agreement is independent and survives termination of the Hire Agreement. Any other term by its nature intended to survive termination of this Agreement survives termination of this Agreement.

37.7       The rights and obligations of the parties under the Hire Agreement do not merge on completion of any transaction contemplated by the Hire Agreement.

37.8       The Hire Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

37.9       A term or part of a term of this Agreement that is illegal or unenforceable may be severed from the Hire Agreement and the remaining terms or parts of the term of the Hire Agreement continue in force.

37.10    A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

37.11    The Hire Agreement may not be amended or varied by the Hirer without the prior written agreement of the Club.

37.12    A party may only use confidential information of another party for the purposes of the Hire Agreement, and must keep the terms of the Hire Agreement and any other confidential information of another party confidential except where:

(a)           the information is public knowledge (but not because of a breach of this Agreement) or the party has independently created the information;

(b)           disclosure is required by law or a regulatory body (including a relevant stock exchange) and (if practicable) the notifying party has taken reasonable action to minimise the extent of such disclosure and has given the other party a reasonable opportunity to comment on the contents of, and the requirement for, the disclosure; or

(c)           disclosure is made to a representative of that party who must know for the purposes of this Agreement on the basis that the person keeps the information confidential.

37.13    This agreement is governed by the law of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Queensland.

38.1       In these terms and conditions, the following terms have the following meanings (unless the context requires otherwise):

(a)           "Booking Confirmation" means the email or other correspondence given by the Club to the Hirer confirming the Hirer's booking of the Premises, Facilities and/or Equipment.

(b)           "Booking Period" means each booking period or hire period specified in the Booking Confirmation.

(c)           "Business Day" means any day other than a Saturday, Sunday or Public Holiday in the City of Logan, Queensland.

(d)           "Child Safety Law" means Child Protection Act 1999 (Queensland), Children's Court Act 1992 (Queensland), Public Guardian Act 2014 (Queensland), and the Family and Child Commission Act 2014 (Queensland), and any other child protection law (including any Commonwealth statute, statutes of other States or Territories, Court orders, Tribunal orders, and lawful requirements of any government body or authority) that may apply to the Hirer, the Permitted Use, or the Hirer's use of the Premises, Facilities or Equipment under this Hire Agreement.

(e)           "Club" means Logan Hockey Club Incorporated ABN 56 202 641 632.

(f)            "Facilities" means the hall, field, carpark and associated areas of the Premises.

(g)           "Equipment" means the Club's plant, equipment and appliances contained in the Facilities, including kitchen equipment, sporting equipment (including hockey goals), furniture, office equipment, and associated items.

(h)           "Force Majeure Event" has the meaning set out in clause 7.1.

(i)            "Hire Agreement" means the agreement between the Hirer and the Club for the hire of the Premises, Facilities and/or Equipment including these General Conditions and any Special Conditions

(j)            "Hire Fees and Charges" means the hire fees and charges levied by the Club and payable by the Hirer specified in the Booking Confirmation.

(k)           "Permitted Use" means the use specified as such in the Booking Confirmation.

(l)            "Premises" means the Club's premises at 157-175 Meakin Road (turn into Soccer Drive) Slacks Creek, Queensland, 4127, Australia, including the hall, field, carpark and associated areas at that location.

(m)         "Security Deposit" means the deposit bond payable by the Hirer to the Club prior to commencement of the Booking Period as security for, and to guarantee, payment of all Hire Fees and Charges, additional fees and charges, expenses incurred by the Club, or damage to the Premises, Facilities, or Equipment in connection with the Hirer's use of the Premises, Facilities, or Equipment.

(n)           "Special Conditions" means any special conditions agreed in writing between the Club and the Hirer (including any conditions specified as such in the Booking Confirmation).

38.2       In this Agreement, except where the context otherwise requires:

(a)           the singular includes the plural and vice versa, and a gender includes other genders;

(b)           another grammatical form of a defined word or expression has a corresponding meaning;

(c)           a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, this Agreement, and a reference to this Agreement includes any schedule or annexure;

(d)           a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e)           a reference to A$, $A, dollar or $ is to Australian currency;

(f)            a reference to time is to time in the City of Logan, Queensland;

(g)           a reference to writing includes any form of electronic communication (including email, text message, or via the Club's website or online booking system);

(h)           a reference to a party is to a party to this Agreement, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;

(i)            a reference to a person includes a natural person, partnership, body corporate, trustee, association, governmental or local authority or agency or other entity;

(j)            a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(k)           a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Hire Agreement or any part of it; and

(l)            if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.

(m)         headings are for ease of reference only and do not affect interpretation.