Access to the venue is strictly limited to the Booking period.

The Visitor, guests and patrons, and support personnel (eg   caterers) must only access the Venue during the Booking Period.

All activities, including set up, Check-in, Check-out and cleaning must start and finish within the Booking Period.

The Visitor, attendees, guests and patrons, and support personnel (eg   caterers) are to vacate the facility by the time listed for Check-Out on the Booking Agreement   The Visitor may be obliged to pay an additional fee for time used in excess of the Booking Period.

To enter the building outside of the Booking Period may trip venue alarms   The Venue Manager reserves the right to charge the Visitor for costs incurred for any security call-out, plus a penalty fee.

The Visitor is only permitted to use the venue booked.

Visitors must contain their function and attendees to the exact Venue or Sub Venue area they have booked.

Unauthorised use of additional spaces within the Venue or Sub Venue is strictly prohibited and may incur additional fees.

The Venue Manager reserves the right to let any other portion of the building at the same time. Under no circumstances, except by invitation, are members of a group permitted to disturb other groups/individuals using other Venues in the vicinity of the Venue   No group has the right to monopolise common areas.

The Venue must only be used for the purposes described in the Booking agreement and by the Member who made the Booking.

Visitors must inform Venue Manager of the purpose for booking and the number of attendees when making the Booking/Booking Request.

The Venue Manager does not warrant that the Venue to be hired is suitable for the type of function or the purpose for which the Venue is being hired.

The Visitor shall not assign, sub-licence or cease to be present at the Venue.

Everywhere Venues and the Venue Manager reserve the right to decline any proposed Booking or to cancel any Booking not considered to be an appropriate use of the Venue or where the conduct of the function would be detrimental to the Venue.

The Visitor must be over the age of 18 years.

The Visitor making the Booking is responsible for the good behaviour of everyone at the Venue.

A responsible adult must supervise children at all times.

Everyone at the Venue must follow the instructions of the Venue Manager as required.

Visitors must be over the age of 18 years and proof of identification may be required.

Visitors are responsible for the conduct and behaviour of all guests, patrons, caterers etc   at all times and must ensure that they also adhere to Venue Conditions, Prohibited Activities Policy and any other rules imposed by the Venue Manager.

The Visitor will make all attendees aware of the Venue Conditions to ensure they comply with them.

The Visitor agrees to accept responsibility for any failure on the part of his/her agents, employees, contractors, guests and invitees to observe and comply with these conditions.

The Visitor acknowledges and agrees that Venue shall not be responsible in any way for the Visitor, their employees, contractors or associates and their displays or property in association with or brought to the facility.

The Visitor is responsible for the full compliance with public decency whilst at the Venue.

The Visitor should not allow any activity or lewd behaviour which could offend standards of public decency.

No spitting, obscene or insulting language or disorderly behaviour, shall be permitted in any part of the Venue and the Venue Manager reserves the right to refuse admission to any person/s or to remove from the Venue, any person/s doing such things as are prohibited by this clause.

The Visitor must observe any directions or instructions given by the Venue Manager or representatives   The Visitor must at all times co-operate with the Venue Manager's representative in ensuring that the function is conducted in an orderly manner.

Any Venue Manager may require a function to cease and the facility to be vacated if in his/her opinion the continuation of the function is likely to cause damage to the facility, any illegal activity is or is likely to take place, or in the case of public disruption, fire, bomb or other threat or for occupational health and safety issues.

The Visitor or others attending the function must not hinder or obstruct any member of the Police Force or authorised staff member in the exercise or discharge of their duties   An authorised staff member has the right to enter the function to ensure the function is being run in an orderly manner.

The Visitor must not allow any person not subject to the direction and control of the Visitor to use the Facilities.

Everyone at the Venue must take reasonable care to ensure their own health and safety and those of all other people at the Venue.

The Visitor is responsible for the safety of all people at the Venue for the Booking Period.

Every Visitor and attendee at the Venue must take reasonable care to ensure their own health and safety and those of all other people at the Venue.

Every Visitor and attendee at the Venue must comply with any safety instructions given by Venue Manager and the Venue Manager’s WHS policy.

The Visitor must provide adequate First Aid kits and trained personnel to administer First Aid if required for all persons involved in, or associated with, the Event and the Booking.

The Visitor must supervise and control all guests, participants, officials, employees, contractors, volunteers and/or helpers and restrict people to areas designated by Venue Manager for their use.

The Visitor must conduct relevant risk assessments for the activities planned and arranging controls pertaining to those risks and provide those risk assessments to the Venue Manager upon request. 

The Visitor must ensure that one or more appropriate qualified safety supervisor(s) / co-ordinator(s) be present at all times to adequately control the risk associated with the Booking Purpose   The Venue Manager may request that a minimum number of supervisors / co-ordinators be present   The Visitor must provide proof of qualifications if so requested by the Venue Manager.

The Visitor must ensure that their employees, contractors, volunteers and/or helpers are instructed and competent to control risk and identify and report any hazard to the Venue Manager immediately for corrective action and cooperate in completing any documentation required.

The Visitor must adequately induct their employees, contractors and helpers/volunteers before starting any activity at the Venue   The Visitor must provide for a safety (fire and emergency) briefing for the number of persons determined by the Venue Manager to be necessary, prior to use of the facilities   This includes the location of emergency exits, first aid and firefighting equipment and emergency phone numbers.

The Venue Manager is able to supply site-specific information which the Visitor may use for the purposes of induction, prior to the Booking Period.

In the case of an emergency or fire, the Venue must be evacuated according to the Venue evacuation plan.

The Visitor must ensure the Venue is left in the same condition as prior to the Booking.

The Visitor is responsible for the whole area as booked and specified in the Booking agreement.

No alterations to the structure, fittings, furnishings or fabric of the buildings are permitted.

No notice, sign, fittings or decorations of any kind may be erected without the prior consent of the Venue Manager.

The Visitor is not permitted to suspend any object from the ceilings, balconies or any other part of the building without the prior consent of Venue Manager   Adhesive tapes are not to be used on any surface.

The fittings and fixtures of the Venue must not be broken, pierced by nails or screws or in any other way damaged.

The Visitor will be liable for any costs incurred by the Venue Manager in repairing, making good any damage and any non-routine cleaning of the Venue, its fixtures, fittings and any equipment contained therein.

The Visitor must replace any Venue property, which is deemed by the Venue Manager to be damaged beyond reasonable repair.

In the event that the Venue, or any curtains, floors, fittings, furniture or equipment, is damaged to such an extent that it affects another Visitor’s use of the Venue or requires a Booking to be cancelled, the Visitor will be liable for all costs and losses incurred by the Venue and Everywhere Venues (including the costs of repairing such damage), refunds of deposits, hiring fees and other loss of revenue suffered by the Venue Manager.

Immediately after the Booking Period the Visitor must ensure all goods brought into the Venue for the Hiring Purpose are removed   The Venue Manager may, without liability for loss or damage, remove any such goods from the Venue as is deemed appropriate.

The Visitor must leave the Venue in a clean and tidy condition, ready for the next Visitor by the end of the Booking Period.

It is the Visitor's responsibility to leave all hired areas included in this agreement in a clean and tidy condition, removing all personal property, all decorations and refuse of any kind, disposing of refuse in the rubbish bins provided, wiping down all benches and sinks, and sweeping floors if required to return the premises to a clean condition   This must be done before the end of the Booking Period.

Otherwise the Visitor will accept responsibility for, and pay the cost of, any additional cleaning of the premises as a result of the premises being left in an untidy condition.

Helium balloons must be firmly secured and removed at the end of each function; if they become loose they may interfere with security alarm systems   Additional fees may apply to the Visitor if the alarm system is affected by loose helium balloons.

Visitors are to keep noise to a minimum and try not to annoy other people.

The Visitor needs to respect the surrounding environment and neighbours in regards to the level of sound generated at the Venue   The Visitor is responsible for all attendees and is responsible for ensuring that attendees comply with noise requirements of the Venue Manager.

The Visitor will comply with any reasonable requests by any person to mitigate any such noise.

All amplified noise must stop at 10.00pm Sundays – Thursdays (including Public Holidays), and at 12.00pm Fridays and Saturdays and may resume at 8.00am the following morning.

Music sound levels must not cause annoyance to occupants of neighbouring properties   Any breach of noise regulations may result in legal action directly against the Visitor.

The Visitor must provide adequate security during the Booking period and ensure that guests leave the Venue safely at the end of the Booking Period.

The Visitor must ensure the Venue is secured according to the requirements of the Venue Manager when leaving.

Keys and/or swipe card must be returned to the Venue Manager according the requirements expressed by the Venue Manager.

The Visitor must supply Venue Managers with proof of any private security arrangements according the requirements of the Venue Manager.

The Venue Manager will determine if security is required for the Booking Period   The Visitor will be advised in writing if deemed necessary (usually 2 guards per 100 guests).

The employment of security personnel is at the Visitor’s expense and may be arranged by the Venue Manager.

The Visitor may be required to contact the local police and register their event and must comply with all reasonable requests by the Venue Manager in this regard.

Don’t damage the floors.

The Visitor must ensure that all participants, officials and others wear footwear that will not mark any floor surfaces.

Visitors must not drag chairs and tables across floors.

Management may issue directions for the protection of floors, which Visitors must comply with   Upon request, Visitors may, at the discretion of the Venue Manager, bring into the Venue ice or like material, provided it is enclosed in leak proof containers.

Visitors found to have damaged the floors will be liable for re-surfacing costs.

Don’t damage the furniture and put it back where you found it.

No equipment shall be brought into or from the Venue without the specific approval of the Venue Manager.

Visitors are required to set-up and stack away furniture and equipment as needed and where directed   Chairs are not to be stacked more than 8 high unless specified by the Venue Manager   Any borrowed furnishings or equipment must be returned to their allocated place following each use   If furniture and equipment is not stacked how and where directed, then the Visitor will be liable to a standard rate for additional time worked by staff employed by the Venue Manager to re-stack or return furniture and equipment to its allocated place.

The Venue Manager may allow the Visitor to use additional facilities, equipment and services   Additional fees may be charged   It is the Visitor's responsibility to ensure these additional facilities, equipment and services are used safely and to obtain expert advice as required.

Serve alcohol safely and according to local, State and Federal laws.

Don’t bring alcohol to venues that don’t permit it.

Don’t bring alcohol to licensed venues.

Don’t provide alcohol to minors.

The Visitor must not bring, or permit to be brought, any alcoholic beverage into licensed premises and Venues that prohibit alcohol.

Alcohol cannot be sold or consumed at the Venue without written permission by the Venue Manager.

Under no circumstances are people under the age of 18 years to be served alcohol within any Venue   It is an offence for minors to purchase and consume liquor   It is also an offence to purchase liquor for, or supply liquor to, minors   Persons supplying liquor to minors will be reported to the Police and penalties apply under relevant legislation regarding the service of alcohol, including but not limited to the Liquor act 2007 (NSW).

Alcohol can only be sold if the Visitor obtains the relevant approvals and permits according to all relevant State and Federal legislation and Council By-Laws   Copies of relevant approvals must be provided to the Venue Manager prior to the event   No kegs or similar bulk containers are permitted and liquor sales must cease 30 minutes prior to the nominated closing time.

Copies of licences must be on site for the duration of the Booking Period.

No alcohol is to be consumed outside the Venue.

The licensee may only advertise in accordance with the licensor guidelines and must not promote any alcohol or tobacco products on the premises.

If providing for the consumption of alcohol, the Visitor must provide adequate, qualified bar staff to service those people attending the function   It is the Visitor’s responsibility to arrange bar staff.

Alcohol must be kept under the control of the Visitor and/or a responsible person and every effort to be made to ensure that all service of alcohol is according to responsible standards and where applicable, relevant legislation.

Venue Managers reserve the right to refuse entry to or remove any person under the influence of alcohol or drugs.

Unless explicitly stated in the Venue listing, no food or drinks are permitted in the Venue except water bottles.

Unless explicitly stated in the Venue listing, no food or drinks are permitted in the Venue except water bottles.

If the Venue has catering facilities, unless approved by the Venue Manager, the use of external catering is not permitted and the Visitor must not bring and must not permit any food or beverage to be brought into the Venue   When ordering the catering, the Visitor is to refer to any catering information and conditions provided by the Venue Manager.

Some Venues have contract caterers who have right of first refusal to cater for functions within that Venue   In these cases the Visitor must use the contract caterers which are approved by the Venue Manager   Otherwise the Visitor can either self-cater or hire their own caterers.

For the safety and health of people attending the event it is recommended:

• Self-caterers be aware of the health guidelines for safe preparation, handling and serving of food at functions as per the temporary food licence guidelines set by the Venue Manager.
• The Visitor ensure their caterer is registered and follows all relevant local, State and Federal laws and guidelines.

Visitors may need to organise all their own catering equipment, including tablecloths, crockery and cutlery   Details will be in the Venue Listing.

When self-catering, the kitchen must be left in a clean and tidy condition at the conclusion of the Booking, or the Visitor shall be held responsible for the costs of cleaning.

Waste management must be according to the Venue Manager's stipulations.

Don’t block any passageways or exits.

All hallways, corridors, passages, doorways and exits are to be kept free of obstruction (including decorations) at all times.

The Visitor shall comply in every respect with regulations under all relevant Acts with regards to public buildings for the prevention of overcrowding and the obstruction of passages, corridors, external walkways and disabled access   Any person causing an offence against such regulations shall be asked to leave by the Venue Manager   If a Law has been breached, the Visitor will be liable for any loss or damage arising from that breach.

No flames or fireworks are permitted in the Venue.

No open flame (including candles), kerosene or spirit type lamps shall be used in any part of the Venue without the written consent of the Venue Manager.

No fireworks, pyrotechnic devices or any like material is permitted in the Venue under any circumstances, except with the prior consent of the Venue Manager   If such consent if given, the Visitor may be required to engage the services of qualified safety or technical personnel at the Visitor’s cost.

No animals, except Guide Dogs and other genuine assistance animals, are permitted at the Venue.

No animals are permitted in the Venue without the written consent of the Venue Manager, who may impose such conditions as they see fit.

Guide dogs under the control of visually impaired persons, and other genuine assistance animals accompanied by a responsible person, are permitted.

No smoking

Smoking is prohibited within the Venue   Smoking is only permitted in designated areas as determined by the Venue Manager.

There is no facility to manage security deposits within the Everywhere Venues platform at this stage.

There is no facility to manage the collection of security deposits within the Everywhere Venues platform at this stage   This feature may be introduced in the future.

Some Venue Managers may request a Security Deposit for use of the Venue or to access venue keys and security codes   This may be processed outside the Everywhere Venues platform   Everywhere Venues accepts no role or responsibility in these actions.

The Visitor agrees to pay all On-Costs for the Booking.

The Visitor agrees to pay all On-Costs for the Booking.

Any costs provided relating to cleaning, security, lighting, staff, line marking, hire equipment and the setting up and dismantling of equipment are estimates based on information provided by the Visitor.

These costs, known as On-Costs, are in addition to the venue hire charge and are payable by the Visitor at the time of Booking   If those costs are exceeded, the Visitor is liable to pay the amount of the excess to the Venue Manager as the On-Costs   On-Costs will be specified by the Venue Manger on the Venue Listing and will be listed as additional purchases when booking.

On-costs will be incurred if any part of other than the facilities booked are used by the Visitor; or the facilities booked, are used by the Visitor outside the Booking Period.

Visitors are not to enter the venue to collect (lost) property after the Booking Period   Visitors should contact the Venue Manager directly.

Property left behind at the Venue by Visitors or Attendees after the end of a Booking Period may be removed in accordance with clause 10 above.

The Venue Manager may hold lost property for a set period in which the Visitor is responsible for retrieving such property at their own cost.

Deliveries must occur within the Booking Period unless agreed to by the Venue Manager

Where the Venue Manager agrees to allow storage of Visitor’s or others’ goods prior to, during or after the Booking Period, the Venue Manager provides no warranties as to the security provided for such storage and the Visitor indemnifies the Venue Manager in respect of any loss of, or damage to, the goods.

Unless by prior arrangement with the Venue Manager, ensure that deliveries and pick-ups occur during the Booking Period. The Venue Manager reserves the right to refuse unexpected or unauthorised deliveries and will not dispatch goods from the Venue or sign consignment notes.

At the sole discretion of the Venue Manager the hours of use may be extended beyond the hours specified in the Booking Period   The Visitor will pay the hourly rate as described for each extended hour.

Pre-event site visits may be arranged with Venue Manager by appointment.

Unless parking is explicitly included in the Venue listing, the Venue Manager is under no obligation to provide parking.

Unless parking is explicitly included in the Venue listing, the Venue Manager is under no obligation to provide parking.

Parking should occur, if permitted, in marked spaces only.

The Venue reserves the right to charge for parking at its discretion.

All Venue advertising is subject to the approval of the Venue Manager and if necessary, local laws.

All Venue advertising is subject to the approval of the Venue Manager and if necessary, local laws.

The Venue Manager retains the right to request the Visitor to remove any material which is considered by the Venue Manager to be detrimental to its venue presentation standards.

The Visitor must not erect or display within the Venue and its precincts

• any sign, notice or advertisement without the prior written approval of the Venue Manager.
• any advertisement contrary to any condition reasonably imposed by the Venue Manager.
• any advertisement or signage which in any way obstructs or impedes the clear vision of any existing advertising or signage.

The Visitor must not

• move, alter or damage any existing advertisement or signage
• use the Venue image or branding without the written consent of the Venue Manager
• make statements or imply through advertising or otherwise that the Venue Manager is associated with the event, other than the provision of the Venue.

If the event is advertised, it must be in accordance with the type of function and purpose stated in the Booking Agreement.

The Visitor shall inform the Venue Manager of any intention to use film projection equipment for any activity within the Venue.

The Visitor will inform the Venue Manager if they wish to use film projection equipment, to photograph, broadcast, televise or record any activity within the venue   The Venue Manager may, acting reasonably, refuse consent to such activity.

The Visitor shall pay all costs resulting from such activities as determined by the Venue Manager, and shall include in any television, video, film, broadcast or sound recording such material and information as may be required by the Venue Manager.

Respect copyright.

The Visitor must observe the provisions of Copyright laws and to indemnify Everywhere Venues and the Venue Manager and free it of any obligation in respect to these laws.

The Visitor must obtain all necessary consents from all persons holding any interest in the copyright or performing rights of any matter used by the Visitor.

Only take photos of your own friends and family.

Visitors may take still and video photographs of their own family and friends for personal memorabilia within Venue.

Images should not be taken of members of the public, in particular children, without the express permission of that person, or in the case of children, a parent or guardian.

The Venue Manager can access any part of the Venue at any time.

Venue Manager staff and other authorised officials, shall at all times, be entitled to free access to any and every part of the Venue.

The Visitor must set aside tickets or passes to attend the Event when reasonably requested by the Venue Manager.

The Venue Manager controls who can enter the Venue.

The Venue Manager reserves the right to control the venue including all means of entry and exit, and over the timing of opening and closing the doors and admission of the public (including the right to refuse admission to any person or persons).

• The Venue Manager may at any time, in their absolute discretion:
• Require that proof of identification be provided by any person;
• Refuse admission of any person; and
• Direct any person or persons to leave.

The Visitor must use best endeavours to assist the Venue Manager in enforcing his or her decision.

If:

• a person who has been refused admission to the Venue enters it, or
• a person who has been directed to leave the Venue fails to do so, or;
• the Visitor fails to assist the Venue Manager as required,

The Venue Manager may close the Venue provided it is reasonable to do so.

If the Venue Manager closes the Venue in accordance with this clause,

• the Visitor will be deemed to have voluntarily abandoned the Booking;
• the Venue Hire fees will not be refunded
• Everywhere Venues and the Venue Manager will not be liable for any loss or damage sustained as a result of the closure.

The Visitor is responsible for the theft of any of their items.

The Venue Manager, nominated representatives or Everywhere Venues shall not be liable for any loss or damage sustained by the Visitor   Venue Managers are not liable for the loss, damage or theft of articles entrusted to the Visitor whilst at the Venue   The Visitor hereby indemnifies the Venue personnel against any claim by any such person, firm or corporation in respect of such article/s.

The Visitor must indemnify the Venue Manager.

To the extent permitted by law and unless such loss, damage, injury or death arises from the negligent act or omission of Everywhere Venues, the Venue Manager, and its employees agents and contractors, together called the ‘Indemnified’.

The Visitor will indemnify and keep indemnified the Indemnified, against any Liability suffered or incurred by any of the Indemnified or arising from any claim, suit, action or proceeding by any person against any of the Indemnified to the extent that such liability was caused or contributed to by:

• the death of or injury to any person (including injury or illness caused to any person at the Venue during the Activity) or loss of or damage to property (including property or equipment hired and brought into the Venue by the Visitor for the Activity) which may be suffered or sustained in or at the Venue during the Booking Period; and
• the failure of any services to the Venue, or damage to or failure of any equipment brought into the Venue by the Visitor or an Attendee;
• any default by the Visitor or its employees, agents and contractors and their contractors in relation to this hiring agreement;
• the Visitor not proceeding with the Activity or any performance or activity relating to the Event;
• the occupation and use of the Venue by the Visitor and its employees, agents and contractors during the Booking Period (or any other part of land owned by the Venue Manager) that is used by the Visitor to gain access to and from the Venue or in the exercise of the Visitor’s rights under this hiring agreement,
• to the extent permitted by law and unless such loss, damage, injury or death arises from the negligent act or omission of the Indemnified.

The Visitor uses the Venue during the Booking Period at the Visitor’s own risk   Except to the extent to which such liability is caused by the negligence of the Venue Manager or its employees agents and contractors, and to the extent permitted by law, the Visitor releases the Venue Manager and its employees agents and contractors from all liabilities in relation to:

• any default by the Visitor or its employees agents or contractors under this agreement;
• use of the Venue during the Booking Period; and
• the death or injury to any person and damage to or loss of any property (including the Venue) which may, during the Booking Period, be suffered or sustained in or upon the Venue or any other part of the land owned by the Venue Manager that is used by the Visitor to gain access to and from the Venue or in the exercise of the Visitor’s rights under this Agreement.

The Venue Manager will not be liable for any loss or damage caused directly or indirectly by any fault or failure of electricity supply, or supply of any other power or energy to the Venue, where such fault or failure is not the responsibility of the Venue Manager.

Incorporated bodies, registered clubs and other legal entities must have their own Public and Products Liability cover and provide a copy of the policy to Everywhere Venues and the Venue Manager when Booking.

Individuals holding events where more than eight persons may be present may also be required to provide Public and Products Liability cover as required by the Venue Manager.

Incorporated bodies, registered clubs and other legal entities must have their own Public and Products Liability cover and provide a copy of the policy to Everywhere Venues and the Venue Manager when making or requesting a Booking.

Individuals holding events where more than eight persons may be present may also be required to provide Public and Products Liability cover as required by the Venue Manager.

The Public and Products Liability policy must provide:

(i) A limit of AUD 20 million;

(ii) Be subject to an excess of no more than AUD 1,000

Excesses/Deductibles or self-insured retentions must be noted on certificates.

(iv) Cover all of the activities of the Visitor and its contractors and sub contractors for the Booking period   Note; it will not be acceptable to exclude claims arising from liability assumed under this Hire Agreement;

(v) Be underwritten on an event/occurrence basis not on a ‘claims made’ basis;

(vi) Note the interests of the Venue Manager, have a principal and cross liability clause and name the Venue Manager as principal.

The Visitor will provide a full copy of the insurance policy wording including all schedules or endorsements to the policy   A summary of cover or cover note issued by a broker is not sufficient evidence of such insurance.

All insurance must be underwritten by an insurer authorised by APRA (Australian Prudential Regulation Authority), and/or carry a minimum Standard and Poors rating of BBB+ or the equivalent rating by another recognised rating agency.

The Visitor must hold statutory workers or accident compensation insurance in respect of any person engaged by the Visitor on or at the Venue during the Booking Period.

The Visitor must also hold; any other insurance reasonably required for a similar Event (for example, motor vehicle, or perishable food for the loss of stock due to refrigeration breakdown or power failure), and the Visitor must provide a certificate of currency at the time of Booking.

The Visitor agrees that the Venue is fit for purpose and uses it as his/her own risk.

The Venue Manager may close the Venue when needed.

The Visitor agrees that they are satisfied the Venue and any facilities and equipment provided by the Venue are fit for the Booking purpose, and acknowledges that the Venue Manager does not warrant that the Venue, facilities and/or equipment are fit for the Booking purposes.

The Visitor acknowledges its obligation to meet statutory requirements and obtain any necessary consents, permits, or authorities required for its use of the Venue and uses the Venue at its own risk.

With this Venue Hire Agreement, the Venue Manager, or Co-Venue Manager has provided notice to the Visitor of the discretionary right to close or withdraw a venue area (or part thereof) from use.This decision is final and not negotiable   The decision to close a venue, or part thereof, shall be based on, but not limited to, the following:

(a) the potential for Visitor injury;

(b) the activities being undertaken and the potential for damage to the Venue;

(c) the weather forecast;

(d) the condition of the venue when inspected.

The Venue Manager will endeavour to inform Visitors of any Venue, or part thereof, closure as soon as is practicable to do so.

Any Visitor found using a Venue, or area of a Venue that has been closed or withdrawn from use may be held liable for any costs associated with the repair of any damage to the Venue as a result of such use   In addition any current or future bookings with a Visitor (that ignores advice that a Venue is closed) may, at the Venue Manager’s sole discretion be terminated, refused or have additional levies applied.

A refund for fees paid may be issued if the venue or part thereof are closed or withdrawn from use depending on the individual circumstances surrounding the closure   The applicability and extent of such a refund will be at the discretion of Everywhere Venues and the Venue Manager   The Venue Manager and Everywhere Venues will not otherwise be liable for any loss costs and expenses incurred by the Visitor if the Venue is closed or withdrawn from use under this clause.

For venues within NSW, Everywhere Venues and the Venue Manager advise people, who use the Venue for recreational activities, of the reduction in their duty of care provided under the Civil Liabilities Act 2002   Under Section 5M of the Civil Liability Act 2002: players, spectators, officials and all other visitors are warned that the recreational activities in the Venue involve the risk of injury.

For all other jurisdictions, where similar limitation of liability provisions exist with respect to recreational activities, players, spectators, officials and all other visitors are warned that the recreational activities in the Venue involve the risk of injury, including serious injury or death.

Any Venue Manager may require a function to cease and the facility to be vacated if in his/her opinion the continuation of the function is likely to cause damage to the facility, any illegal activity is or is likely to take place, or in the case of public disruption, fire, bomb or other threat or for health and safety issues.

The Visitor and all persons engaged or employed by the Visitor in connection with the Venue shall comply with this agreement and all legal requirements relating to the use of the Venue.

The Visitor and all Attendees, employees and agents, guests and invitees – all persons engaged or employed by the Visitor in connection with the Venue shall comply with the provisions of this agreement and all legal requirements relating to the use of the Venue.

The Visitor agrees to accept responsibility for any failure on the part of all Attendees, his agents, employees, contractors, guests and invitees to observe and comply with these provisions.

The Visitor and any persons using the Venue pursuant to the hiring, shall conform to the requirements of all Local Government Acts, Workplace Health and Safety Act, WorkCover NSW, all other relevant State and Federal Acts, regulations and By-Laws that are pertinent to the hiring of the Facilities   The Visitor shall be liable for any breach of any such Acts, By-Laws or regulations.

The Visitor must comply with any child protection legislation that imposes checks and restrictions on child-related employment, and the Venue Manager’s ‘Child Protection Policy’.

If the Visitor is undertaking activities with persons under the age of 18, the Visitor must establish and maintain a child protection policy in relation to this agreement for hire, and must advise the Venue Manager of any allegation related to a child protection policy as soon as possible after the allegation is made.

The Visitor must adhere to any conservation, environmental or heritage obligations attached to the Venue   If the Venue has a Health Safety and Environment Plan, the Visitor must comply with any relevant provisions   When the Visitor (or its employees agents and contractors) uses the Venue it must:

(a) not contaminate or pollute the Venue;

(b) keep the Venue in good and safe condition so that it does not present a risk to the health and safety of any person or a risk to the environment;

(c) comply with laws relating to work health and safety and the environments (including any the Venue Manager policies and guidelines applicable to the Visitor’s use of the Venue), including but not limited to:

1. complying with the Work Health and Safety Act 2011 (NSW) and related regulations (“WHS Legislation”);

2. ensuring that all contractors subcontractors and consultants and all persons for whom the Visitor is responsible or over whom the Visitor is capable of exercising control, comply with their respective obligations under WHS Legislation;

3. complying with the Visitor’s obligations under WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safe duty in relation to the same matter (including with the Venue Manager, if the Venue Manager has a duty in relation to the same matter under WHS Legislation);

4. complying with all reasonable direction given by the Venue Manager (or representatives) following a perceived breach of WHS Legislation; and

5. not doing anything or failing to do anything that would cause the Venue Manager to be in breach of WHS Legislation.

(d) The Visitor must fully and competently fulfil its obligations at all times during the Booking Period and, must (according to the standards required by WHS Legislation) establish and maintain a risk management plan incorporating a work health and safety plan to:

1. have in place systems to assess and eliminate risks and hazards in the Venue during the Booking Period;
2. ensure that where risk and hazards cannot be eliminated, the risks and hazards are adequately controlled; and
3. provide appropriate training and supervision to all persons employed or engaged by the Visitor in the Venue.

(e) The parties acknowledge that, unless otherwise provided in this Agreement, the Visitor has management and control of the activities conducted at the Venue during the Booking Period and that the Venue Manager:

1. relies on the Visitor’s expertise, competency and capability in meeting its obligations to put in place and control safe systems of work and relevant procedures for HSE matters; and
2. has no control over the systems of work or procedures employed by the Visitor with respect to the health, safety and welfare of people at the Venue.

(f) The Visitor must provide to the Venue Manager:

1. all documents required by the Venue Manager;
2. if requested by the Venue Manager, evidence of the Visitor’s compliance with this clause in relation to the Activity (unless otherwise required to provide to the Venue Manager under WHS Legislation); and
3. a summary of any environmental incidents during the Hiring Period that require disclosure or reporting under WHS Legislation, or any serious or dangerous incident at the Venue during the Hiring Period involving a fatality or a serious injury or illness or which otherwise presents a serious risk to health and safety of people at the Venue, which gives rise to an obligation under WHS Legislation to notify the relevant government body.