Lake Macquarie Performing Arts Centre Venue Hire Agreement

Transcription

1 Lake Macquarie Performing Arts Centre Venue Hire Agreement This is an agreement between: Applicant ( the Hirer ) F2004/12314 ABN and Lake Macquarie City Council for Lake Macquarie Performing Arts Centre Main Road Speers Point NSW 2284 Box 1906 Hunter Region Mail Centre Tel (02) ( the Council ) by which the Council agrees to hire to the Hirer the Lake Macquarie Performing Arts Centre (LMPAC) at 39 John Street, Warners Bay ( the Venue ) on the following terms and conditions: 1. Term and Purpose of the Hire The Council will hire the Venue to the Hirer on DATE for Performance. 2. Extension of Term a. The term of hire may be extended with the written consent of the Council if the Venue is not previously booked. b. An extension fee will be charged as per Schedule A ( Fees and Equipment ). 3. Payment The Hirer will pay the Council a fee of $XXX as per Schedule A to be paid in the following instalments: a. the hire fee $XXX to be paid within 14 days of receiving the invoice. 4. The Council s Obligations The Council will: a) maintain public liability insurance in respect of the Venue; b) ensure that the Venue is in a clean condition and any pre-existing damage to the fixtures or fittings of the Venue shall be noted in Schedule B (Venue, Fittings, and Equipment Condition); c) ensure that the Hirer has access to the Venue at all times during the term of the hire; d) allow the Hirer to set up staging, lighting, sound devices and promotional collateral in the foyer of the Venue in consultation with Council and within the Venue s risk assessment parameters; Lake Macquarie Performing Arts Centre Hire Agreement page 1 of 14

2 5 Hirer s Obligations The Hirer will: a) be 18 years of age or over; b) take out and maintain adequate Public Liability Insurance, contents insurance, volunteers insurance and workers compensation for the Hirer s equipment, employees, agents and licensees; c) prior to first time hire - undergo a Council site induction. Inductions are also required if 8 months or more has lapsed between uses; d) on entering the building prior to usage undertake Schedule B (pgs 6-9) and inform the Council immediately of any issues by calling the contact number provided on the front page of the operation manual. Throughout your hire, report any breakage, damage or theft to the Venue or its fittings or fixtures and pay for any damage or loss suffered by the Council that is caused by the negligence of the Hirer; e) whilst undertaking Schedule B on arrival and throughout the duration of your hire ensure to refer to your risk assessment. It is your obligation to ensure a safe environment for all patrons at all times. The risk assessment will assist in ensuring you have reviewed previously identified potential hazards. You should also add to your risk assessment should another hazard become apparent during your hire of the Centre. f) not attach in any way to walls (both exterior and interior), doors, glass, floors, furniture or fittings in or around the Venue any nails, screws, adhesive tapes, signs or other items without the prior consent of the Council; g) not use any form of tape on the stage floor, chalk only is permitted for stage marking and must be removed before leaving the Centre; h) not interfere with or alter any of the electrical installations, pre-set lighting systems, stage curtains/legs, sound systems, security systems, or other technical equipment owned by the Council without prior consent this will result in loss of Bond; i) set up all staging, lighting and sound devices as per Schedule C (Stage, Sound & Lighting Conditions of use and Procedure); j) ensure that all incoming electrical equipment and electrical leads are tested and display a current tag only small low voltage equipment is permitted e.g. Sandwich maker, urns etc. NO deep fryers, fridges, freezers to be bought into the centre. If you bring additional cooking equipment into the centre and the electrical system is blown or damaged as a result, your organisation will be responsible for all costs involved for works required to be carried out to rectify such; k) not use the Venue for any dangerous activity; l) ensure that no food or drink consumed in the auditorium without prior Council consent.; m) clean and tidy the Venue at the end of hire, including: i) remove all rubbish to the bin provided at the rear of the building please do not place in park bins; ii) iii) iv) sweep, mop and vacuum the Venue, cleaning up any spillage occurring during the period of hire, and leaving toilet facilities in a sanitary condition; wiping down furniture to ensure all are left clean; wipe down all kitchen bench tops, clean microwave, fridge, stove and oven; v) remove any chalk marks used for stage marking; vi) make sure that all furniture is returned to its original position Lake Macquarie Performing Arts Centre Hire Agreement page 2 of 14

3 n) make the best effort to maintain the Venue in the condition it was in at the commencement of the term of hire; o) accept full responsibility for any loss or damage to any personal property (including money, jewellery, and credits cards) and property which is on hire or loan directly to the Hirer; p) vacate the Venue on or before the end of the hire period (no access before 8am unless preapproved with Council); q) allow the Council and its employees, agents and licensees all reasonable access to the Venue; r) follow security and exiting procedures as set out in Schedule D (Security and Entering/Exiting Procedures); s) return the key and any equipment to Council no later than the next working day; t) endeavour to limit offensive noise by employees, agents and licensees, as well as audiences while entering and leaving the Venue; u) ensure there is NO SMOKING carried in or outside the Venue at any time; v) ensure if alcohol is served and/or sold at the Venue that an appropriate licensee is present and those serving the alcohol have had appropriate Responsible Service of Alcohol training; w) ensure that no greater than 300 people occupy the Venue for the term of the Hire according to the Entertainment Licence as displayed in the foyer of the Venue; x) make themselves aware of the Evacuation Procedure (Schedule E); y) ensure that all fire exits remain clear and unobstructed at all times, and that all fire doors remain closed. 6 Hirer s Warranty and Indemnity a) The Hirer warrants that it has obtained the permission of all copyright owners to stage the event at the Venue, and that the event does not contain any defamatory material to the Hirer s knowledge, and the Hirer indemnifies the Council against any and all claims, costs, actions and damages brought or suffered as a result of breach of this warranty. b) The Hirer indemnifies the Council and agrees to keep the Council indemnified against all costs, expenses, claims and liabilities arising from loss or damage to property or injury or death of persons from or during the term of hire. 7 Cancellation a) The Council must be given at least 8 weeks notice if the Hirer wishes to cancel the hiring of the Venue at no cost. b) For bookings cancelled within less than 14 days of the hire date full usage fee will be invoiced. c) For bookings cancelled between 8 weeks and 14 days of the hire date 50% of usage fee will be invoiced. 8. Termination a) The Council may terminate this agreement if the Hirer has not made full payment within 14 days of receiving the invoice under clause 3; b) If a party is in breach of their obligations under clauses 4 and 5, the other party may give the party at fault written notice of the breach and give 2 days within which to remedy the said breach. If the breach remains remedied, the agreement can be terminated. Lake Macquarie Performing Arts Centre Hire Agreement page 3 of 14

4 9. Entire Agreement This agreement constitutes the entire agreement between both parties and may be amended only in writing signed by both parties. 10. Jurisdiction This Agreement will be construed in accordance with the laws of the State of New South Wales. 11. Disputes The parties will submit any dispute which arises out of the agreement to mediation in accordance with the rule of the Arts Law Centre of Australia, prior to having recourse to arbitration or litigation. Signed on behalf of the Hirer (pre-hire) as acceptance of the above Agreement (pgs 1-5) Print Name Signature Date The following documents may provide relevant legislation relating to the hire of or activities occurring at the Lake Macquarie Performing Arts Centre. Liquor Act 1982, Registered Clubs Act 1976, Licencing Court of NSW Liquor Amendment (Responsible Service of Alcohol Training) Regulation 2003, Registered Clubs Amendment (Responsible Service of Alcohol Training) Regulation 2003, Local Government Act 1993, Protection Of The Environment Operations (noise control) Regulation 2000, Protection Of The Environment Operations (waste) Regulation 1996, Privacy & Personal Information Protection Regulation 2000, Security Industry Regulation 1998, Child Protection Legislation Amendment Act 2002, NSW Ombudsman s Child Protection Act, Copyright Act 1879 No 20, LMCC Pricing Policy, LMPAC Operation Manual D , LMPAC Site Induction Checklist, LMPAC Venue Hire Agreement, LMPAC Venue Hire Application, LMCC Constructional Standards for Food Stalls of One (1) Day Duration, APRA Licence, IMS Procedure Removal Stage Floor- D , Documents from F2005/01594 Form Substance Approval Request, Procedure Biological Threat, Procedure Bomb Threat, Procedure Response to Environmental Incident, Procedure Earthquake Response, Procedure Management of Personal Injury Claims, Draft Material Safety Data Sheet Version 24, Materials and Safety Data Sheet Master List Revision 22, Fire Safety Procedure, Environmental Policy, Risk Management Incident Investigation Statement Documents from F2004/06087 OH&S Policy Version 2, Priority Access to Performing Arts Centre Policy, Community Services and Facilities Policy Version 1, Child Protection Policy, Noise Control Policy. Lake Macquarie Performing Arts Centre Hire Agreement page 4 of 14

5 Schedule B Venue, Fittings, and Equipment Condition Area Condition Pre Hire Condition Post Hire FOYER Rubbish bin x 3 (clean, emptied, liner replaced) Windows (closed) Air conditioner switches (turned off) Wireless Internet Modem (left turned on) Notice screens x 4 Black wooden chair Reception desk (clean) Black lounges x 2 (clean) Cushions x 4 Potted plants x 2 Ottomans x 6 Artwork x 1 TV x 1 (turned off) Fire hose Fire extinguisher x 2 (foyer & corridor) KITCHEN Windows (closed) Roller door (locked) Fire blanket Soap dispenser (filled) Paper towel holder (paper replaced) Hot Water System (off at the wall) Fridge (left on & clean) Oven (off & clean) Microwave (off at wall & clean) Sink (empty and clean) Operation Manuals for appliances in wall mount Lake Macquarie Performing Arts Centre Hire Agreement page 5 of 14

6 Area Condition Pre Hire Condition Post Hire Dust pan & brush Mop & bucket Dry mop (cleaned) Vacuum (emptied) Broom x 2 Caution sign Rubbish bin x 2 (clean, empty & liner replaced) Additional bin liners & paper towel FEMALE TOILETS Toilets & floor (clean) Wash basins and bench (clean) Rubbish bin (emptied and liner replaced) Sanitary bin x 2 Sharps container Soap dispenser (filled) Paper towel holder (paper replaced) Additional toilet rolls in tub ACCESSIBLE TOILET x 2 Toilet & floor (clean) Rubbish bin (emptied and liner replaced) Wash basin (clean) Soap dispenser (filled) Sanitary bin x 1 MALE TOILETS Toilets/urinal & floor (clean) Wash basins and bench (clean) Rubbish bin (emptied and liner replaced) Soap dispenser (filled) Paper towel holder (paper replaced) Sharps container Lake Macquarie Performing Arts Centre Hire Agreement page 6 of 14

7 Area Condition Pre Hire Condition Post Hire Additional toilet rolls in tub MEETING ROOM Floor & surfaces (clean) Piano & cover I Pod doc and remote (turned off) Windows (closed) Blinds (down & open) Red lounges x 2 (surfaces vacuumed) Ottomans x 4 Rug (clean) Mirror (clean) Air conditioner (turned off) Arm Chair x 1 (surfaces vacuumed) Artwork x 2 STAGE Rear doors (closed) x 2 Curtains (positioned correctly) Floors (clean) Fire extinguisher Fire hose/reel STAGE LIGHTING GRILL Black safety matt - to cover cords (rolled up) Grey rubber mat- to stand on in grill area (rolled up) Microphone stands x 3 Curtain rod x 3 CHANGE ROOMS x 2 Floor & surfaces (clean) Toilets/showers & wash basin (clean) Sanitary bin (1 female) Paper towel holder (paper replaced) Lake Macquarie Performing Arts Centre Hire Agreement page 7 of 14

8 Area Condition Pre Hire Condition Post Hire Rubbish bin (emptied and liner replaced) Soap dispenser (filled) Windows (locked) Air conditioner (turned off) STAGE STORE Floor (clean) Windows (closed) Carpet runners x 15 Orchestra chairs x 35 Chair trolley x 1 Lectern x 1 Table- rectangle x 1 (clean) Table- square x 1 (clean) Music stand x 1 Stage platform x 1 Stage risers x 4 Lockers x 12 Bail Flags (COUNCIL USE ONLY) GREEN ROOM Floor & surfaces (clean) Sink (empty and clean) Soap dispenser (filled) Windows (locked) Table- collapsible x 1 (clean) Rubbish bin x 1 (emptied and liner replaced) ORCHESTRA PIT Fire extinguisher Floor (clean) MAIN HALL Floor (clean) Lake Macquarie Performing Arts Centre Hire Agreement page 8 of 14

9 Area Condition Pre Hire Condition Post Hire Windows (closed) Rear door (closed) Side door (closed) Tiered seating x 124 (clean) Loose seating x 100 (clean- set up on floor) Fire extinguisher Technician desk (locked, moved next to stage front) STORE ROOM Floor (clean) Loose seating x 140 (clean- stacked in groups of 4) Table- collapsible x 9 (clean) Chair stacker x 2 Piano with cover x 2 Room divider/ display screen on wheels EXTERIOR Clean Holes/damage PRE HIRE Signed on behalf of the Hirer by: Print Name Signature Date POST HIRE Signed on behalf of the Council following inspection: Print Name Signature Date Lake Macquarie Performing Arts Centre Hire Agreement page 9 of 14

10 Schedule C Stage, Sound and Lighting Conditions of Use All hirers as a condition of hire must: 1. Ensure all electrical leads are covered appropriately and there must be no trip hazards. 2. Use of the Centre s sound and lighting console must be by a qualified lighting technician. Relocation of lights must be carried out using a mobile scaffolding platform and/or suitable ladder using correct ladder procedures. 3. The location and settings for the Centre s stage lights must be returned to the original position at the conclusion of the hire period. See Operation Manual for details. 4. Stage scenery and props must be designed and secured so that they do not pose a risk to performers. This equipment must be moved using correct manual handling techniques or via mechanical devices. 5. Stage curtains and legs must not be moved. At the conclusion of each performance, pull back the rear stage curtains to either side to minimise their movement. Movement of curtains can trigger a false security alarm. 6. If the use of theatrical smoke is required, seek approval from Lake Macquarie City Council for its use. The venue s fire security system must be monitored by Wormald Security during the period of performance. A fee will be incurred (see Schedule A). 7. Performers must take care moving on and around the stage and environs. 8. No alcohol is allowed backstage or in dressing rooms. 9. No food or drink is allowed on stage or in the immediate wings area. Performers must keep all areas free of rubbish. 10. If the orchestra pit is required seek approval from Lake Macquarie City Council for its use. Council s procedure for the removal and installation of the stage floor must be strictly adhered to. 11. Loading or unloading of stage equipment must take place via the stage loading dock (situated at the northern side of the building). 12. All scenery, props, performance items etc must be removed from the Venue on or before the end of the hire period. 13. No items (gauzes, backdrops, fabric etc.) are to be hung from the lighting bars without prior approval from Lake Macquarie City Council. See Operation Manual for load limits on lighting bars. Lake Macquarie Performing Arts Centre Hire Agreement page 10 of 14

11 Schedule D Security and Entering/Exiting Procedures BEFORE YOU LEAVE THE BUILDING, ENSURE ALL DOORS AND WINDOWS ARE CLOSED AND LOCKED AND ALL ELECTRICAL ITEMS THAT SHOULD BE OFF ARE OFF. SECURITY SYSTEM To disarm the alarm 1. Once you have unlocked the front door for the Venue, you have 30 seconds to get in and turn the alarm off. The security control panel is located on the left hand side of the front door on the brickwork. 2. Enter the pin number supplied to you by Council, and then press OK. A greeting message will then appear on the screen and it will say PRESS OFF. Do so, once. To arm the alarm 1. Enter your pin number and then press OK. The screen will then say Press On. Do so, once. The screen will then say testing zones please wait. After a couple of seconds, it will beep and say Performing Arts is On. 2. You have 1 minute to vacate the building. 3. Walk to the opposite side of the main doors and press the green emergency exit button. The doors will open for you to exit. Step away from the doors and wait for them to close and click. This sound means they are locked. The building is now secure. AIR CONDITIONING SYSTEM 1. Control switches for the air conditioning are on the wall in the front foyer for the main hall, stage and foyer areas. Switches for individual rooms (i.e. change rooms, meeting room, green room etc) are located within each room. 2. To turn on, press and hold for 2 seconds. Once operating a red light is displayed. 3. The system is preset to run for 2 hours and will automatically turn off after that time and the red light will no longer display. 4. If you need to turn the system off before 2 hours is up, just press and hold for 2 seconds. 5. All air-conditioners in the hall are set to 22 degrees and the temperate CANNOT BE ADJUSTED. Lake Macquarie Performing Arts Centre Hire Agreement page 11 of 14

12 In the event of a fire/fire alarm: Schedule E Evacuation Procedure When the fire alarm is activated, the FIRE DEPARTMENT WILL RESPOND DIRECTLY. NO PERSON OTHER THAN A FIRE OFFICER IS TO TRY TO DISENGAGE THE FIRE PANEL (even if it is a false alarm). Evacuation of building to be co-ordinated by two pre- nominated persons: First person nominated for back stage Second person nominated front-of-house person Back stage person - Front-of-house person- Instructs all those back stage to back stage EXITS and if in no immediate danger make a sweep of the back stage toilets. Makes a sweep of hall and foyer to instruct all people to move outside through two hall EXITS and then if in no immediate danger, make a sweep of public toilets and kitchen to ensure all people are out. NOTE: All people are to be directed to assemble in the adjacent park. All possible accessible areas for a fire appliance are to be kept clear i.e. car park, front street, loading area. The two nominated fire wardens are to check if any one is missing and inform the fire officers when they arrive so they can make a thorough search of the building. NO PERSON IS TO RE-ENTER THE BUILDING UNTIL THE KEY FIRE OFFICER DECLARES THE BUILDING SAFE AND RESETS THE FIRE PANEL. Emergency features for the building; Fire exits 1. through the front entrance foyer 2. through the back of the hall via the glass doors if tier seating is not erected 3. through the side of the hall directly in line with the entrance foyer door. 4. rear stage left 5. rear stage right 6. rear stage right in orchestra pit Emergency contact numbers Emergency 000 Police Boolaroo Police Charlestown Wormald Fire Systems hr Quantic Security control room toll free office Ross Holswich Council contacts Rebecca Prince Cultural Development & Events Officer Council Emergency After Hours Lake Macquarie Performing Arts Centre Hire Agreement page 12 of 14

13 Floor and Seating Plan Lake Macquarie Performing Arts Centre Hire Agreement page 13 of 14

14 LAKE STREET EMERGENCY EVACUATION PLAN All Emergencies - Lake Macquarie Performing Arts Centre ASSEMBLY AREA FIRE HOSE REELS CARBON DIOXIDE EXTINGUISHERS WHEN THE FIRE ALARM IS ACTIVATED THE FIRE DEPARTMENT WILL RESPOND DIRECTLY. NO PERSON OTHER THAN A FIRE OFFICER IS TO TRY TO DISENGAGE THE FIRE PANEL (EVEN IF IT IS A FALSE ALARM). ENSURE ALL STAFF AND PATRONS MOVE QUICKLY AND ORDERLY ALONG DESIGNATED EVACUATIONS ROUTE TO NEAREST SAFE EXIT. DO NOT STOP OR DETOUR FROM EXIT ROUTE TO COLLECT PERSONAL BELONGINGS ASSEMBLE IN ADJACENT PARK TO ENSURE CLEAR ACCESS FOR FIRE DEPARTMENT REPORT ANY ABSENTEES TO FIRE DEPARTMENT ON ARRIVAL DO NOT RE-ENTER BUILDING UNTIL ALL CLEAR IS GIVEN BY SENIOR FIRE OFFICER CAR PARK Error! Not a valid filename. change rooms stores EXIT green room EXIT tiered seating orchestra pit main hall stage area EXIT foyer kitchen toilets rehearsal room Lake Macquarie Performing Arts Centre Hire Agreement page 14 of 14 EXIT