Hall Hire Contract (draft)

The following Terms and Conditions of Hire have been developed to ensure your event runs smoothly with minimal disruption. 

These Terms and Conditions of Hire should be read in full including any specific requirements for individual facilities. 

By making a payment to Whangaparaoa Hall hire you will be deemed to have accepted these Terms and Conditions of Hire.  

Please retain a copy of these Terms and Conditions of Hire for your reference ensuring that you are aware of the responsibilities of hire.  

 Your booking is not confirmed until you have accepted the Terms and Conditions of hire 

 For casual hirers, receipt of full payment must also be received to confirm the booking.  

By accepting this Agreement, I warrant and confirm that: I have read and understood the full Terms and Conditions of hire, I am at least 18 years old and have the authority to accept this agreement, and I understand and accept that the information provided for my booking may be shared with the NZ Police.  

General conditions of use

 a) All Hirers must be a legal entity. We reserve the right to ask for proof of legal entity. A legal entity is a registered group or individual who has capacity to:  i. enter into agreements or contracts  ii. assume obligations  iii. incur and pay debts  iv. sue and be sued in its own right  v. be accountable for illegal activities 

 b) The person who makes the booking is required to be present for the duration of the Hire Period. 

 c) The capacity of Whangaparaoa Hall, 300 persons,  must not be exceeded at any time. It is the Hirer’s responsibility to understand the capacity and ensure it is not exceeded. 

 d) Whangaparaoa Hall is designed for general use. The Hirer must consider the suitability for their intended purpose when making a booking. 

 e) Customer Privacy Policy applies to Hirers.  

j) No animals are permitted at Whangaparaoa Hall, other than guide dogs for the visually impaired, registered companion animals or official animals of the NZ Police (except in the case of animal shows and exhibitions but subject to compliance laws).  

k) The Hirer must not allow any illegal activities to take place in or outside Whangaparaoa Hall during the Hire Period. All statutory rules, regulation and bylaws in force shall be strictly observed by the hirer.  

l) The Hirer must ensure that a parent or designated caregiver, who is at least 18 years of age, responsible for all children 10 years of age and under.  

m) Notwithstanding any other provision contained in this we may refuse admission to any person or require any person attending the Event to leave Whangaparaoa Hall at our  sole.  

n) Nothing in this Agreement creates a landlord – tenant relationship between parties. 

 o) All persons signing or accepting this Agreement online (whether as an individual Hirer, or director or other authorised signatory of another legal entity) shall be bound personally to abide by all of the terms and conditions contained in this Agreement and to fulfil all of the Hirer’s obligations under this Agreement as a principal debtor.  

Bookings 

a) Bookings are to be for a minimum of one hour. 

 b) The Hirer must precisely state the type of activity and Event to take place and use the Whangaparaoa Hall only for that purpose.  

c) The Hirer must use only the area in Whangaparaoa Hall that has been booked and confirmed.  

f) Change of a booking day is considered as a cancelation of the booking as a whole.  

g) Cancelation rules apply to all amended bookings that result in a different time period, except for the extension of bookings.  

h) Set up and pack down time must be included in the Hire Period. 2  

 i) The Hirer shall ensure that all persons have vacated Whangaparaoa Hall by the end of the Hire Period. 

j) The Hirer must adhere strictly to the confirmed Hire Period. Failure to do so will incur additional charges and possible cancellation of any future booking(s). 

k) One access key is allocated to Hirers. 

i. Any damage to the Whangaparaoa Hall caused during the Hire Period or through any breach of the Terms and Conditions in this Agreement.  

ii. Any theft of Whangaparaoa Hall property from the Community Venue during the Hire Period.  

iii. Any extra cleaning, rubbish removal, repair or reinstatement of the Whangaparaoa Hall which wel consider is required after the Event. 

 iv. Any costs, losses or expenses that Whangaparaoa Hall incurs due to any breach of the terms and conditions outlined in this Agreement.  

v. Any unreturned access card(s) or key(s). 

 vi. Any emergency services call out or if a fire alarm is set off other than for an emergency, we reserve the right to impose an additional fee of up to $1500+GST and hold the Hirer liable for that amount.  

vii. Auckland Council noise control units sent to the Community Venue during the Event.  

viii. Any unauthorized overstay, which will be charged at double the hourly rate.  

b) Auckland Council reserves the right to apply an additional charge for security, cleaning and/or a technician for an Event. 

e) Whangaparaoa Hall may terminate any booking(s), any Event and/or this Agreement in its sole discretion if it considers: 

 i.  the Event will, or might, contravene any statute, order, regulation, bylaw, rule of law or any other requirements of a public or local authority, or otherwise be in breach of this Agreement; or

  ii.  that the management or control of the Event is deficient.

 iii.  the Event will involve alcohol. 

 f)  Whangaparaoa Hall reserves the right to cancel booking(s) where circumstances so warrant. These may include, but are not limited to, emergency situations and adverse environmental/weather conditions and the hire fee will be refunded.  

 Cleaning, rubbish and lock-up 

a) The Hirer is responsible for ensuring that the hired space is left clean and ready for the next user. This includes wiping down benches, tables, stoves, and sinks; removing all decoration; vacuuming, mopping up spills and sweeping/static mopping of the floor 

 b)  return all tables and chairs to designated storage areas 

 iii. remove all decorations iv. pack, bag and remove all visible rubbish off site. 

 d) Hirers are required to bring their own cleaning equipment and garbage bags for the rubbish. 

 e) The Hirer must remove all rubbish off site at the end of the Event and must leave Whangaparaoa Hall and all equipment and furnishings in the Community Venue, including car parks and adjacent premises, in good, clean and tidy order. Additional charges will be incurred if rubbish is not removed off-site.  

f) All rubbish must be bagged and disposed of in accordance with Auckland Councils’ waste minimisation policy.  

 h) The Hirer must secure the Whangaparaoa Hall after the Hire Period, in particular: 

 i. Switch off all electrical appliances, lights, heaters and stoves 

 ii. Ensure that all windows and doors are secure

 iii. Ensure that there are no unauthorized persons are in the booked space 

)  i) The hirer must return all access cards to Whangaparaoa Hall within [five] days of the end of the Hire Period  

Insurance 

a) Whangaparaoa Hall does not undertake to arrange for or maintain any insurance cover, property, contents or otherwise, for the Whangaparaoa Hall or the Event for the benefit of the Hirer.  

b) The Hirer is responsible to arrange for and maintain any insurance cover they consider necessary and adequate. That includes any public liability insurance cover which is required for medium – to highrisk events to protect the Hirer against claims made by third parties for damage to people or assets.  

Alcohol

a) It is the Hirer’s responsibility to check current guidelines and information about liquor licensing, please visit Auckland Council website: aucklandcouncil.govt.nz. The Hirer will comply with all alcohol requirements, restrictions, or guidelines   

b) 

 c) Hirer must comply with the below host responsibilities: 

i. The main user on the booking is nominated to manage the conduct of the consumption of alcohol.

 ii. The hirer shall have available for consumption on the premises, at all times when alcohol is being consumed, a reasonable range of non-alcoholic refreshments and low alcoholic beverages and food appropriate to the occasion. 

iii. Information regarding alternative forms of transport must be available for attendees.

 iv. Drinking water is to be freely available. 

v. The hirer must ensure that minors do not consume alcohol.  

d) Hirer must identify at least one responsible adult for every 50 attendees.  

4  e) Hirer must supply venue hire with a copy of their own photo ID and photo ID for each responsible adult (passport or NZ driving license)  

Liabilities

 a) The Hirer will indemnify Whangaparaoa Hall, its agents against all claims, demands, losses, damages, costs, and expenses arising from the Hirer’s use of the Whangaparaoa Hall or any breach of this Agreement.  

b) Whangaparaoa Hall is not responsible for the loss of or damage to any of the Hirer’s property in or around Whangaparaoa Hall. Any equipment/property left at Whangaparaoa Hall is at the Hirer’s own risk.  

 c) We do not warrant that the Whangaparaoa Hall is suitable for the Event.  

d) Whangaparaoa Hall is not liable for any loss or expense that the Hirer incurs if Whangaparaoa Hall is not able to make Whangaparaoa Hall available to the Hirer as a result of fire, flood, earthquake, failure or other unavailability of any building services or other event beyond   Whangaparaoa Hall’s reasonable control. 

 e) To the extent permitted by law and without limiting any of the Hirer's rights under the Consumer Guarantees Act 1993, Whangaparaoa Hall shall not be liable to the Hirer for any loss arising under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise. 

f)The maximum amount of Whangaparaoa Hall’s liability under or in relation to this Agreement for any loss, damage, claim or expense is limited to an amount equal to the Venue Hire Price. 

 g) It is the hirer’s responsibility to ensure that the requirements of the Health and Safety at Work Act 2015, the Smoke-free Environments Act 1990, and the Sale and Supply of Alcohol Act 2012 as they apply to the hirer’s intended use of Whangaparaoa Hall are met.  

Health and Safety

 a) The Hirer must ensure that access and egress for residents, businesses or emergency vehicles are available at all times and that the public is not duly inconvenienced by the Event. This includes public and private access ways that must be kept clear at all times. 

 b) It is the Hirers responsibility to make themselves familiar with the evacuation procedure in case of fire at the Community Venue, and to ensure that all emergency exists are clear and free of any obstacles – including tables and chairs when leaving the venue  

c) In case of fire at Whangaparaoa Hall, the Hirer must ensure the evacuation procedure is followed immediately and fire emergency response is notified.  

d) The Hirer is responsible to appoint and instruct a fire warden for the Hire Period. The assigned fire warden must ensure that all emergency exits are checked twice at the start of the Hire Period and at least once during the Hire Period. This includes ensuring there is no interference with smoke detectors, fire extinguishers and emergency exits.  

e) Any hazard a Hirer may encounter either as a result of any activity or physical condition must be reported immediately to the relevant emergency response  f) It is the responsibility of the Hirer to provide first aid supplies.  

g) The hirer is responsible for ensuring that the general public does not have access to the Whangaparaoa Hall, including the toilets, during the Hire Period.  

  Introduction and access to Whangaparaoa Hall  

a) It is the Hirer’s responsibility to make themselves familiar with the Community Venue, in particular: 

 i. Make sure it is safe and fit for the purpose of the hire.

 ii. Cleaning requirements on completion of the Hire Period. 

 iii. Layout, available space, and equipment provided. 

 iv. Equipment packing and storing. v. Where tables and chairs should be stacked.  

vi. Fire Warden duties, including emergency evacuation procedures. 

 vii. Security and lock up procedures.  

viii. The capacity of the Community Venue. 

 ix. Noise control limits.  

b) Whangaparaoa Hall will provide the Hirer with the access card or key to the Whangaparaoa Hall at least one day prior to the Event, subject to payment of the Venue Hire Price and confirmation of the booking in accordance with this Agreement. 

 c) It is the Hirer’s responsibility to be available at the agreed times to receive the access card/key or be present at the Whangaparaoa Hall at the agreed time to receive access.  Noise, neighbours and music 

 c) Appropriate white soled shoes must be worn for all activities inside the Whangaparaoa Hall. To prevent floor damage, tap dance groups must ensure the screws in their shoes are removed. 

 d) Roller blading, roller skating and or skateboarding activities are not permitted at Whangaparaoa Hall.     

Furniture and equipment

 Hirers are responsible for setting up, cleaning and packing away any furniture and equipment used during their Hire Period. 

All furniture must be returned to designated storage area, ensuring that all fire exits are left clear at all times. Furniture and equipment in the Community Venue are approximate numbers only and may vary. Tables and chairs are provided but a specific number is not guaranteed. Whangaparaoa Hall reserves the right to remove or replace furniture at Whangaparaoa Hall as it deems necessary. If the Hirer requires additional furniture and equipment to what is available, then it is the Hirer’s responsibility to organise. It is the Hirer’s responsibility to ensure that all furniture brought in externally for an Event, is removed by the end of the Hire Period. The hirer must not remove or permit the removal of any furniture, equipment or other contents from Whangaparaoa Hall without the permission of Whangaparaoa Hall. Whangaparaoa Hall reserves the right to remove and if not claimed, dispose of any equipment or furniture left in at Whangaparaoa Hall after the Hire Period. Whangaparaoa Hall does not take responsibility for the loss or damage to any equipment, furniture or personal item left in at Whangaparaoa Hall. Furniture and equipment must be carried, not dragged on the floor. All electrical equipment brought in by Hirers must display the current tag that identifies it has been tested and tagged by a qualified technician. This is an Auckland Council regulation and any electrical equipment found in a Community Venue that is not tagged, will be removed. 

Miscellaneous matters 

The Hirer must take proper care of the Community Venue and ensure that no damage occurs. 

The Hirer must not use nails, tacks, screws, pins or any other instrument that will cause damage to the wall surfaces, furnishings, floors and ceiling surfaces. 3M tape is permitted to hang decorations from the walls. The Hirer must not use any of Whangaparaoa Hall Facilities’ equipment, fixtures, fittings, heating, or ventilation systems other than for the Event and that equipment’s intended purpose. In this Agreement, unless the context otherwise requires No substance shall be deposited in toilets, sinks or drains that will cause blockage or damage.

 Lighting with a naked flame is not permitted in at Whangaparaoa Hall. Ballroom powder, confetti or glitter and smoke machines are not permitted in at Whangaparaoa Hall. Kitchen facilities must not be used to prepare food for sale. 

 Where a bouncy castle is permitted inside Whangaparaoa Hall, it must not touch the ceiling or walls, and must be powered only by an electric air compressor. 

Whangaparaoa Hall is are smoke free - including smoke machines. 

It is the responsibility of the hirer to make sure all interested parties (decorators, caterers etc) are made aware of the terms and conditions.