TERMS AND CONDITIONS OF VENUE HIRE 1.

INTERPRETATION In these Terms and Conditions the following expressions shall have the following meanings: Bond means the bond payable by the Hirer (if any) as determined by the Trust under clause 5. CEO means the Chief Executive Officer of the Trust. Crown means the Crown in the right of the State of Victoria, and includes its servants, agents and independent contractors and the Secretary, as the body corporate, to the Department of Transport, Planning and Local Infrastructure and its servants, and agents and independent contractors. Date of Hire means the day on which the Hirer is entitled to use the Facilities. Deposit means the sum payable in accordance with clause 4, or if no deposit is payable, the Hiring Charge. Facilities means that part of the Venue and any fixtures, fittings, equipment and services the subject of hire by the Hirer as set out in the Quotation and or any relevant Tax Invoice issued by the Trust. Hirer means the person or entity referred to on the execution page and includes a member or members or any invitee of that person or entity. Hiring Charge means the sum payable in accordance with clause 3. Management means and includes any duly authorised or designated officers of the Trust including the CEO. Period of Hire means the period during which the Hirer is entitled to use the Facilities. Quotation means the quotation (in its most recent revision) issued by Trust outlining the Hiring Charge. Special Event means a tournament, competition, exhibition or event to be conducted at the Venue and determined by the Trust to be a Special Event. Trust means the State Sport Centres Trust. Venue means the Venue specified in Item 1 of Schedule 1. Venue Conditions of Entry means the conditions of entry for a Venue and any rules of management and event guide as determined and published by the Trust from time to time.

2.

AGREEMENT FOR HIRE (a)

Lander & Rogers 1110289936v1

Subject to the payment of the Deposit (if applicable) and/or the Hiring Charge by the Hirer to the Trust, the Trust will hire the Facilities to the Hirer for and during the Period of Hire and otherwise on these Terms and Conditions.

Terms and Conditions of Hire Ref: GTO:2028565

(b)

These Terms and Conditions, the Quotation and the Venue Conditions of Entry constitute the entire agreement between the parties as to the hire.

(c)

This agreement is not binding until all of the following occurs: (i)

the Hirer signs and returns to the Trust these Terms and Conditions;

(ii)

the Hirer accepts the Quotation (which can be accepted by either returning a signed copy of the Quotation or otherwise can be accepted in writing by facsimile, email or letter); and

(iii)

the Hirer provides the Trust with the Deposit (if applicable).

and will expire at the end of the Period of Hire or on such other date as set out in Item 3 of Schedule 1. (d)

(e)

3.

The Hirer acknowledges that it will comply with the Environmental Protection Act 1970 (Vic) and the State Environment Protection Policy (Control of Music Noise from Public Premises) No N-2 to ensure that noise from music is restricted to the background level plus five decibels, failing which the Trust can: (i)

ask for the music to be turned down; and/or

(ii)

terminate the Period of Hire; and/or

(iii)

fine the Hirer an amount equivalent to any fine received by the Trust resulting from a breach of this clause by the Hirer.

If the Venue the subject of hire is Lakeside Stadium, the Hirer acknowledges that it will comply with the Environmental Protection Act 1970 (Vic) and the State Environment Protection Policy and will ensure that no pistols will be used prior to 10:00am on Sunday mornings (cap guns only) failure which the Trust can: (i)

surrender the Pistol(s); and/or

(ii)

terminate the Hire Arrangement; and/or

(iii)

fine the Hirer an amount equivalent to any fine received by the Trust resulting from a breach of this clause by the Hirer.

HIRING CHARGES The Hiring Charge for the use of the Facilities shall be as determined by the Trust (and as set out in the Quotation and/or Tax Invoice issued by the Trust). The Trust reserves the right to vary these charges from time to time without notice.

4.

PAYMENT OF HIRING CHARGE AND DEPOSITS (a)

Where the Trust (for whatever reason and in its sole discretion) requires a Deposit the Hirer will pay a Deposit equal to 50% of the Hiring Charge or such other sum as is negotiated by the Hirer and the Trust and as documented in Item 2 of Schedule 1.

(b)

The Hirer will pay the Deposit to the Trust when returning the signed Quotation and/or signed copy of these Terms and Conditions. Confirmation and reservation of the proposed Period of Hire can only be made by the Trust

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after receipt of the signed copy of these Terms and Conditions, the Deposit (if any) and where the Quotation is accepted under clause 2(c)(ii). (c)

5.

Payment for one-off bookings is required in advance of the Period of Hire. (i)

For hire with a value of less than $200, payment in full is required to confirm the booking.

(ii)

For hire with a value from $200 to $10,000, a 50% deposit is required to confirm the booking and the balance of hire is payable 14 days in advance of the Period of Hire.

(iii)

For hire with a value greater than $10,000, a 50% deposit is required to confirm the booking and the balance of hire is payable 30 days in advance of the Period of Hire.

(iv)

If necessary, adjustments to the Hiring Charge will be made following the Period of Hire. A supplementary invoice will be issued and payment is required strictly within 7 days of issue of the supplementary invoice.

(d)

Full payment for continuing bookings is required 14 days in advance of the Period of Hire. If necessary, adjustments to the Hiring Charge will be made following the Period of Hire. A supplementary invoice will be issued and payment is required strictly within 7 days of issue of the supplementary invoice.

(e)

Cheques, money orders and postal orders must be made payable to the Venue (being addressed to the relevant Venue as specified in Item 1 of Schedule 1) and must be crossed “Not Negotiable”. All cheques should be marked to the attention of the Accountant.

(f)

Late payment will incur an additional charge calculated at 2.5% of the Hiring Charge per calendar month and the Trust may pass on accounts that remain outstanding to debt collection and the Hirer will be responsible for all costs associated with such action, including any commission, solicitor fees and any out of pocket expenses.

BOND Management may in its discretion require a Bond to be paid by the Hirer in advance. The amount and date of payment will be negotiated at the time of booking. Management will not confirm the proposed Period(s) of Hire until agreement is agreed on the Bond payment details. If the Bond is not paid by the agreed date Management reserves the right to cancel the booking and it will be deemed a cancellation by the Hirer under clause 7(a) of these Terms and Conditions.

6.

REFUSAL The Trust reserves the right to refuse any application to hire any part of the Venue without stating any reason for the refusal.

7.

CANCELLATION OR VARIATION BY HIRER (a)

The Hirer may cancel the booking by giving written notice of the cancellation to the Trust's Events & Bookings Manager or equivalent representative.

(b)

If the Hirer cancels by:

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(c)

8.

(i)

giving the Trust more than 3 months' notice of a cancellation, 50% of the Deposit will be retained by the Trust. The balance of the Deposit will be refunded to the Hirer.

(ii)

giving the Trust less than 3 months' notice of a cancellation, the Hirer will forfeit the whole of the Deposit.

(iii)

giving the Trust less than 14 days' notice of a cancellation in relation to a Hiring Charge with a value up to the value of $10,000, the Hirer will be liable to pay the full Hiring Charge within 7 days of cancellation.

(iv)

giving the Trust less than 30 days' notice of a cancellation in relation to a Hiring Charge with a value greater than $10,000, the Hirer will be liable to pay the full Hiring Charge within 7 days of cancellation.

Where the Hirer is not required to pay a deposit, any amount payable by the Hirer for cancellation under clause 7(a)(b) will be equivalent to the amount of a deposit that would be required under clause 4(a), namely 50% of the Hiring Charge and the Hirer must pay such amount to the Trust within 7 days. Furthermore, where a reduced deposit has been negotiated between the Hirer and the Trust (and is documented in Item 2 of Schedule 1) the amount required to be paid by the Hirer for cancellation under clause 7(b) will be 50% of the Hiring Charge (notwithstanding any negotiated deposit as documented at Item 2 of Schedule 1).

VARIATION OF HIRE (a)

Subject to clause 8(b), 8(c) and 8(d), the Hirer may vary the booking by giving written notice to the Events & Bookings Manager

(b)

A variation may include reducing or increasing the relevant: (i)

Period of Hire; or

(ii)

Facilities to be hired.

However, a variation cannot change the date for the Period of Hire and unless Management determines otherwise (in their sole and absolute discretion) then a change of date will result in a cancellation and clause 7 will apply. (c)

(d)

9.

Any increase to the relevant Period of Hire or Facilities to be hired is subject always to: (i)

availability; and

(ii)

acceptance by the Hirer of any subsequent increase to the Hiring Fee (if any).

Any reduction to the relevant Period of Hire or Facilities to be hired may still result in the Trust charging the Hirer the Hiring Fee in full (and despite there being any reduction of the relevant Period of Hire or Facilities to be hired).

CANCELLATION AND CLOSURE BY THE TRUST (a)

The Trust may cancel the Hirer's booking or close the Facilities: (i)

at any time if in its reasonable opinion:

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(b)

(A)

the Facilities will be unfit for use during the Period of Hire; or

(B)

the Facilities may be unduly damaged by use for the hiring purpose(s); or

(C)

the Hirer fails to comply with these terms and conditions (or any of them); or

(ii)

on 7 days written notice to the Hirer at the discretion of the Trust and without cause. Upon such cancellation the Trust will refund to the Hirer any monies paid in respect of the cancelled booking; or

(iii)

at any time up to 60 days prior to the Period of Hire if in the reasonable opinion of the Trust the Facility is required for the staging of a Special Event.

Where the Trust cancels the Hirer's booking under clause 9(a)(i)(A), 9(a)(i)(B), 9(a)(ii) or 9(a)(iii) the Deposit (if any) will be repaid to the Hirer. The Trust will not be liable for any loss or damage arising out of cancellation of the Hirer's booking or closure of the Facility during the Hirer's booking including but not limited to loss or damage as follows: (i)

any expenditure in relation to and associated with the booking which the Hirer may have incurred and/or is liable to pay; or

(ii)

any expenditure required to be incurred or any damage sustained by the Hirer through having to make any alternative hire arrangements.

If the Trust cancels the Hirer's booking under this clause 9, the Trust will consult with the Hirer and endeavour to, if possible, reach agreement on an alternative Period of Hire suitable to both parties. (c)

Where the Trust cancels the Hirer's booking under clause 9(a)(i)(C) Management will determine an amount up to the full Hiring Charge to be paid by the Hirer and the Hirer agrees to pay such charges.

(d)

If Management is required to close the Facilities under clause 9(a): (i)

the Hirer will be deemed to have voluntarily abandoned its rights to hire the Facilities;

(ii)

Management will determine an amount up to the full Hiring Charge to be paid by the Hirer and the Hirer agrees to pay such charges (having regard to the Period of Hire and to any actual use of the Facility); and

(iii)

the Trust will not be liable for any loss or damage sustained by the Hirer as a result of the closure including but not limited to loss or damage as follows: (A)

any expenditure in relation to and associated with the booking which the Hirer may have incurred and/or is liable to pay; or

(B)

any expenditure required to be incurred or any damage sustained by the Hirer through having to make any alternative hire arrangements.

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(e)

10.

The Hirer acknowledges and agrees that Management may at any time, in its absolute discretion, close the Facilities for the purpose of ensuring the safety of those present. If Management closes the Facilities for this purpose any charge payable by the Hirer will be determined in the sole discretion of Management.

TRANSFER OF HIRE The Hirer may not transfer any of its interest, rights or benefits under these Terms and Conditions.

11.

ADMISSION Management shall specify the maximum number of persons who will be permitted to use the Venue or the Facilities or any part of them for any purpose and at any time whether during the Period of Hire or otherwise. The Trust, Management and all persons authorised by the CEO reserve the right to enter every part of the Venue including the Facilities at any time and to refuse admission to, or remove from, the Venue or the Facilities any person.

12.

PHOTOGRAPHY/FILMING The Hirer acknowledges and agrees that any photography, video-recording or other filming in the Venue and the Facilities, other than for private purposes, is prohibited without the prior written consent of the Event Operations Manager or equivalent representative and is subject to payment of such charges as may be deemed fit by the Trust. Subject to the Hirer's consent the Trust may take photographs of events at the Venue for the sole purpose of including this material in promotional publications relating to the Venue. It is the responsibility of the Hirer to inform the Trust where consent is withdrawn.

13.

HIRER'S OBLIGATIONS (a)

The Hirer will: (i)

obtain all necessary consents from all persons interested in the copyright or performing rights of any matter used by the Hirer;

(ii)

pay such further charges as determined by Management on demand if:

(iii)

(iv)

(A)

any part of the Venue other than the Facilities is used by the Hirer; or

(B)

the Facilities are used by the Hirer outside the Period of Hire;

pay such further charges as determined by Management on demand for costs that arise as a result of the Hire including but not limited to; (A)

area traffic management and parking

(B)

alterations to the Venue’s occupancy permit

during the Period of Hire obey any and all instructions given by Management as to the use of, and access to and from, the Facilities or the Venue;

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(b)

(v)

adequately supervise and control all persons attending the Facilities during the Period of Hire. Management may at its discretion suggest to the Hirer appropriate behaviour standards or levels of supervision, however at no time will Management be responsible for the management of the Facilities or the people attending the Facilities during the Period of Hire;

(vi)

have in place, during the Period of Hire and during "bump in bump out time", safety standards that comply with all relevant legislation and/or guidelines;

(vii)

leave the Facilities including any change rooms, toilets and showers in a clean and tidy condition;

(viii)

ensure that any equipment used during the Period of Hire shall be returned to the place it was found at the commencement of the Period of Hire.

The Hirer will not, without the approval in writing of Management: (i)

use the Facilities for any purpose other than the hiring purpose;

(ii)

allow any person, not subject to the direction and control of the Hirer, to use the Facilities;

(iii)

hawk, sell, dispose of or supply any goods or services whatever in the Venue;

(iv)

bring, or permit to be brought into the Venue any animal with the exception of registered Guide Dogs;

(v)

bring, or permit to be brought into the Venue any alcoholic beverage. Management may at its discretion forbid the consumption of alcoholic beverages at any time, without giving any reason therefore;

(vi)

use any part of the Venue other than the Facilities specified in the Quotation and/or tax invoice;

(vii)

alter, move or remove any fixture, fitting or furnishing in the Facilities or elsewhere in the Venue;

(viii)

collect any monies in or adjacent to the Venue during the Period of Hire;

(ix)

conduct any game of chance, or mixed chance and skill, sweepstake or lottery in or adjacent to the Venue without the necessary permit;

(x)

bet or wager, or permit any person to bet or wager, in or adjacent to the Venue;

(xi)

erect any marquee, hut, stall or similar structure in or adjacent to the Venue or do so contrary to any condition imposed by Management;

(xii)

sell, offer or expose for sale or permit to be sold any refreshments or other goods or any service;

(xiii)

bring or permit to be brought into the Venue or the Venue grounds any dangerous goods including glass containers, which shall only be

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permitted in the Venue function rooms. Management will have the right to confiscate any glass containers;

14.

(xiv)

bring or permit to be brought into the Venue or the Venue grounds any confetti;

(xv)

apply chalk, resin, talcum powder, tape or any other substances to any floor or walls within the Venue.

(c)

The Hirer acknowledges that the hiring is in respect to the Facilities only and does not include the services of the Venue Staff, unless required by the Hirer and specified in the Application Form. The Trust accepts no responsibility for supervision of persons using the Facilities during the Period of Hire.

(d)

The Hirer will only be entitled to the facilities that have been booked and hired. Management may use or hire other facilities at all times including during the Period of Hire that have not been hired by the Hirer.

(e)

The Hirer will not: (i)

advertise, promote or announce any function or event in or at the Facilities or the Venue until the Application Form has been accepted by the Trust and the Trust's letter of acceptance has been received by the Hirer;

(ii)

fix or exhibit any sign, notice or advertisement in or upon any part of the Venue without the written consent of the Event Operations Manager or equivalent representative For this purpose the Hirer shall submit a proposal for display of any sign, notice or advertisement, including sponsor and directional signage, to Management for its approval including a copy of the proposed sign, notice or advertisement.

DAMAGES TO THE VENUE The Hirer agrees to pay to the Trust on demand the cost of repairing or making good any damage to the Venue including the Facilities or the loss of any equipment arising out of or incidental to the Hirer's hiring of the Facilities (including but not limited to damage caused by persons under the control of the Hirer).

15.

EXCLUSION OF LIABILITY To the extent the Hirer is responsible the Trust will not be liable for:

16.

(a)

any loss or damage caused directly or indirectly by any fault in or failure of electricity supply, lighting, heating, electronic equipment, public address systems or other devices used during the Period of Hire;

(b)

any injury or loss of life by persons admitted to the Facilities or the Venue during the Period of Hire.

INDEMNITY The Hirer forever releases, discharges, indemnifies the Crown and the Trust, Management and the Trust's employees, servants or agents for the use and/or hire of the Facilities:

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17.

(a)

from any legal liability whatsoever arising from the participation or use by the Hirer and/or any other persons associated with the Hirer at, and in the activity of hiring the Facilities and/or occupying, the Facilities and in all activities in

(b)

connection with the Facilities, due to any cause other than the act, default or negligence of the Crown or the Trust;

(c)

from any and all loss, damage, expenses, claims, demands, actions and causes whatsoever which might be made or instituted or suffered or incurred or sustained by any person or body for injury, loss or damage arising in any manner from the said participation or use, other than the act, default or negligence of the Crown, or of the Trust;

(d)

for all loss or damage to any property, buildings, equipment or materials of the Crown or Trust and/or any other persons on or outside the location caused by the Hirer and/or any persons associated with the Hirer due to the said participation or use, other than the act, default or negligence of the Crown, or, of the Trust;

(e)

from any and all loss, damage, injury or illness, including death, sustained or incurred by the Hirer and/or any persons associated with the Hirer arising in any manner from the said participation or use or hire or occupation, other than the act, default or negligence of the Crown or of the Trust.

INSURANCE The Hirer will:

18.

(a)

maintain a public liability policy of insurance for the amount of not less than $20 million for each and every occurrence, unlimited during the Period of Hire.

(b)

provide to Management a copy of a certificate of currency or cover note on the above public liability policy of insurance.

LOST PROPERTY The Trust, its officers, agents and servants (including but not only Management) shall not in any circumstances be responsible to the Hirer or any other person for damage to or the loss theft or removal of any property brought or left by any person (including the Hirer) in or upon any part of the Venue (including any cloakroom or dressing room). The Hirer shall indemnify the Trust, its officers, agents and servants (including but not only Management) from and against all claims demands actions and proceedings in respect of any such damage loss theft or removal or any loss sustained by any person in consequence of such damage theft or removal.

19.

PARKING Motor vehicles shall not be parked and bicycles shall not be left in any of the exit ways of the Venue. The Trust, its officers, agents or servants shall not in any circumstances be responsible to the Hirer or any other person for damage to or the loss theft or removal of any motor vehicle or bicycle (including those of the Hirer) and the Hirer shall indemnify the Trust, its officers, agents and servants from and against all claims demands actions and proceedings in respect of any such damage loss theft or removal or any loss sustained by any person the consequences of such damage theft or removal.

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20.

FITNESS FOR HIRING PURPOSES The Hirer agrees that they are satisfied the Facilities are fit for the hiring purpose, and acknowledges that the Trust does not warrant that the Facilities are fit for hiring purposes.

21.

CATERING The Hirer acknowledges that food and drink products must be purchased through the facility from the venue caterer. The Hirer understands that individuals may bring non commercial food and non-alcoholic drink into the Venue for own consumption but not for distribution.

22.

23.

MERCHANDISE (a)

The Trust holds all merchandising rights to the Venue.

(b)

Should the Hirer request to sell merchandise during the Period of Hire, a 15 % commission of the total takings will be retained by the Trust or the following charges apply: (i)

One Day -

$250.00

(ii)

Two Days -

$450.00

(iii)

One Week (5-7 Days) - $900.00

SIGNAGE The Hirer acknowledges that a charge applies to all sponsor signage or displays placed in the Venue foyer or other public spaces outside the Facilities hired by the Hirer.

24.

TICKETING The Hirer agrees that all ticketed events during the Period of Hire, are to be ticketed through the Trust’s ticketing provider.

25.

GENERAL CONDITIONS (a)

Property or plant pertaining to any event or activity for which the Venue or the Facilities have been hired will not be permitted in, at or on the Facilities or other Venue premises before the commencement of the Period of Hire or after the conclusion of the Period of Hire except where the Hirer has paid the necessary fee. The Trust accepts no responsibility for damage, injury or loss occurring to any property or plant left on or remaining in the Facilities or the Venue, whether or not such loss is due to the negligence of the Trust. Such property or plant may be disposed of by the Venue after 30 days.

(b)

Management may require the Hirer, to supply a full written or printed statement or program, detailing what is to be done at, on or in the Facilities during the Period of Hire.

(c)

The Hirer shall be responsible for the maintenance and preservation of good order in the Facilities throughout the Period of Hire. Management may direct that such hiring be subject to the engagement by the Hirer of members of the Victorian Police and/or other appropriate persons.

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(d)

The Hirer shall conform to the requirements of the Health Act, Local Government Act, Planning and Environment Act and all other legislation affecting the Venue and any By-Laws or Regulations prescribed thereunder, and shall be liable for any breach of such Acts, By-Laws or Regulations. All other Statutory rules, provisions, and regulations of the Commonwealth of Australia, or State of Victoria, for the time being in force must be complied with by the Hirer.

(e)

In the event of any dispute or difference arising as to the interpretation of these Terms and Conditions agreement or as to any matter or thing contained in them, the decision of Management, after consultation with the Hirer, shall be final and conclusive.

(f)

Nothing in this Agreement of Hire affects the roles, powers and functions of the Trust under the State Sport Centres Act 1994.

(g)

These Terms and Conditions are governed by the laws of Victoria and the parties submit to the jurisdiction of the Courts of Victoria

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SCHEDULE 1 1.

VENUE The Venue for the purposes of these Terms and Conditions of Hire is: [_]

Lakeside Stadium (being the land and improvements at Aughtie Drive, Albert Park)

[_]

State Netball and Hockey Centre (being the land and improvements at Brens Drive, Royal Park, Parkville)

[ ]

Melbourne sports and Aquatics Centre (being the land and improvements at Aughtie Drive, Albert Park) (Tick box as appropriate)

2.

DEPOSIT In accordance with clause 4(a), the Trust and the Hirer agree that the Deposit will be: ___________________________________________________________________ ___

3.

EXPIRATION DATE In accordance with clause 2(c), the Trust and the Hirer agree that these Terms and Conditions will bind any hire of the Facilities by the Hirer (each separate Period of Hire is to be subject to a separate Quotation and is conditional on acceptance of the Quotation by the Hirer) until _____________________________________________

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ACCEPTANCE OF TERMS AND CONDITIONS OF VENUE HIRE I HAVE READ AND AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF VENUE HIRE: Company Name: Contract Name: Address: Telephone Number: Fax Number: Email: Event: Intended Period of Hire (to be confirmed in the Quotation): Intended Facilities (to be confirmed in the Quotation):

Where the Hirer is a corporate entity (company or incorporated association) the person signing below on behalf of the Hirer by signing is certifying that they are authorised by the Hirer to sign on its behalf. Signature: ______________________________________________ Date:

______________________________________________

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