This document supersedes all previous documents relating to the terms and conditions and hire fees relating to the hire of Shire of Wyndham East Kimberley (the Shire) community facilities. Subject to the following conditions the Shire of Wyndham East Kimberley grants to the Hirer the right to hire and use the venue for the purpose indicated on the date or dates and at the times shown on the booking records.
The Hirer agrees to observe and comply with any and all laws, rules, regulations and ordinances involved with the hire of the premises. Hire of the premises is for use of the designated premises and available listed furniture and equipment only. It does not confer admission to any other areas of the venue; nor does it entitle use of Centre staff, other facilities or equipment.
Period of Hire
Venues are available from the booked commencement time. Hirers must allow appropriate time to set up, clean up and complete restoration of the area/s when completing the Application to Hire form. Where the area is used beyond the period of hire, the hirer will be charged for the additional use. This charge will be deducted from the bond at the standard additional hourly rate, rounded to the nearest hour. All functions are to cease by midnight – cleaning may continue until 1.00am when the premises are to be vacated.
Must be paid at the time of booking, unless the Hirer is an approved account holder registered with the Shire of Wyndham East Kimberley. All fees include GST. Written confirmation of bookings is available upon request from the Shire of Wyndham East Kimberley offices.
Set up and clear up of the venue is the responsibility of the Hirer. In stating hire times set up and clear up periods must be allowed and approved by the Shire Community Development staff.
Any costs, fees and expenses incurred by the Shire for non-payment of hire fees by the Hirer, including but not limited to, administrative costs, debt collection, agency fees and legal costs and expenses, will be met by the Hirer. Charges may vary. The Shire reserves the right to revise fees, charges and bond payable from time to time as may be found necessary.
Is to be a separate lodgement; the full amount to be received by the Shire of Wyndham East Kimberley office at least 14 days prior to commencement of the hire period.
Bond monies will not be refunded if the conditions of hire have not been fully complied with. The venue must be left in a clean condition, the permanent layout must be restored, and repairs of any damages to furniture, fixtures or the building must be arranged and paid for by the Hirer. Bonds will only be refunded to the original paying person/organisation and by way of cheque.
The Hirer is liable for any costs, losses or damages incurred as a result of damage caused to the state of repair or condition of the venue during the hire period/s, and acknowledges that the Shire may retain all or part of the bond to cover any costs incurred by the Shire for repair or cleaning required as a result of the Hirers’ use of the hired venue (other than for reasonable wear and tear). The Shire retains the right to determine the cost of any repairs or cleaning required. The Hirer agrees on demand to pay to the Shire any such further amounts as are required to cover the cost of repairs or cleaning not covered by the bond monies.
Regular/Seasonal hirers are required to have public liability insurance to a minimum value of $10 million dollars. A current copy of which must be forwarded to the Shire with the booking application. Regular/seasonal bookings are defined as twelve or more bookings per annum. The Hirer shall do nothing which will, or is likely to, prejudice or render void, Council’s insurance policies.
Working with Children Compliance
Pursuant to the Working with Children Act 2004, supervisors and other adults working with children under the age of 18 are required to possess (or make application for) a current Working with Children Check and/or National Police Check.
Provision of Security Personnel
Is the responsibility of the Hirer. The Shire reserves the right to have an employee in attendance at any event.
The Shire reserves the right to refuse an application for hire of a location, or to cancel any reservation already made without explanation, and to refund the fees and charges paid. The Shire shall not be liable in any way for any loss or damage otherwise in consequence of the exercise of this right.
Concession rates are available for community and youth service providers and not-for-profit organisations. Organisations must provide a copy of their Certificate of Incorporation or other documentation showing intention to incorporate or affiliation with an incorporated community organisation.
No concession rate will apply in the event that a participation fee is charged by hire groups for profit.
Cancellations by Hirer
To cover administrative costs all cancellations will incur a minimum penalty of 15% of estimated hire costs. Hirer cancellation of less than one (1) month from date of hire incurs a penalty of 50% of total hire cost. Hirer cancellation of less than 7 days prior to the date of hire incurs a penalty of 100% of total hire cost.
Cancellations by the Shire Wyndham East Kimberley
A full refund of all monies in relation to the booking is payable to the Hirer in the event the booking is cancelled without fault of the Hirer. Bookings may be cancelled if:
- The Shire becomes aware that any event, goods or service proposed to be held or provided by the Hirer is/are prohibited by law, objectionable, dangerous, pose a safety threat or inappropriate impact on local residents.
- The venue is required for Council functions or Local Government, State or Federal elections
- The hire fees and/or bond monies have not been paid
- Maintenance or repairs are being carried out within the venue or grounds
- The Hirer has not provided evidence of insurance coverage and/or security arrangements and/or liquor license (note: alcohol is not permitted within the grounds of some venues)
The Shire shall not be liable in any way for any loss or damage or otherwise in consequence of the exercise of this right. Cancellation or termination of the booking will not affect any right which the Shire may have to recover monies owing for the booking or to recover damages from the Hirer.
Pre- and Post-Inspection of the Premises
Where possible, venues should be viewed prior to completing the booking application. This is arranged by directly contacting the venue office. Post hire inspections will be conducted by Shire staff as soon as possible post event.
Hirers’ are responsible for completing a Risk Management form and submitting same with the booking application.
Kununurra Leisure Centre and all outdoor venues
115 Coolibah Drive, Kununurra
Ted Birch Memorial Youth & Recreation Centre,
Peter Reid Memorial Hall and all outdoor venues
Koolama Street, Wyndham
Keys for community facilities are to be collected from the venue office during business hours and are to be returned to the office no later than the next working day following the Hirers’ event.
A key bond is required to be paid prior to accessing external facilities. The bond will be refunded by the Shire of Wyndham East Kimberley Leisure Centre staff/ Wyndham Shire Officers upon return of the key.
Alcohol and Food Guidelines
Smoking is not permitted within the grounds of any Shire of Wyndham East Kimberley facility and it is the responsibility of the hirer to monitor and enforce.
For alcohol, BYO or otherwise, to be permitted at other venues application to, and subsequent permission from, the CEO Shire of Wyndham East Kimberley PO Box 614 Kununurra 6743 is required.
A copy of a current Occasional Liquor License together with conditions contained therein as issued by the Department of Racing, Gaming and Liquor (Liquor Licensing Division) is required if the applicant wishes to sell alcohol either directly or indirectly i.e. included in ticket pricing.
Glass is not permitted within the swimming pool or surrounds. Cans and plastic containers are preferred for the serving, and consumption of, any food or drinks.
It is the responsibility of the Hirer to be aware of the requirements of the Food Act 2008, Australian New Zealand Food Standards and Food Regulations 2009 and to ensure compliance by all personnel with same. Approval must be obtained from the Shire if it is the intention to utilise the premises for the manufacture or processing of food stuffs for sale.
The venue must be left in a clean and tidy condition and secured upon the Hirer’s departure.
Hirers’ are responsible for:
- The provision of, and application of, appropriate protection of all surfaces (including floors and tables) prior to, and during, any food preparation or handling. Sports flooring is not designed for food spillage and requires appropriate protection eg. tarpaulin.
- All cleaning. Any equipment, tables, chairs, must be wiped down and all residue removed from surfaces - floors, walls, doors and windows
- The removal of all rubbish and any decorations and/or signage from the premises.
- The provision of all cleaning equipment and materials including garbage bags, detergents, brooms, buckets, mops.
- Storing all equipment in the allocated space; returning furniture to the original plan.
Time for cleaning is included in the booking period and charged accordingly therefore the clearing and cleaning of the premises is to be conducted immediately following the event unless alternative arrangements have been negotiated and agreed between the Centre Co-ordinator and the Hirer at least 2 weeks prior to the event. The Shire reserves the right to impose an additional waste disposal charge if garbage is not removed; a cleaning fee if the area/s requires cleaning following a hire period.
Any serious damage to the Shires’ property must be reported to the Shire as soon as possible. In the event Shire staff discovers any damage, the Hirer will be contacted where possible and invited to inspect the damage themselves. The cost of repairs will be deducted from the bond monies.
Responsibility for the Maintenance of Order during the Hire Period
The Hirer, or their representative, is required to be present for the duration of the activity. The Hirer must:
- Pre-inspect the premises to identify any risk factors and familiarise themselves with all emergency procedures and ensure the location of exits, fire extinguishers and hoses.
- To permit use of other areas of the venue/s by other Hirers’, ensure that noise levels are kept to an acceptable level as defined by venue staff.
And assumes responsibility and liability for:
- The conduct of all participants
- The maintenance and preservation of good order during the period of hire
- Any damage caused by activity participants
Should Shire staff be called to an event:
- The Hirer shall obey all reasonable directions of the responsible personnel
- The staff member shall assume complete control over all means of entry and exit to the premises and may refuse admittance to any person/s.
Accident or Injury
In the event of an accident or injury arising through the Hirer’s use of the premises, the Hirer must inform Shire staff immediately and subsequently complete an incident report form to be filed at the Shire offices.
Access and Exits
All fire exits are to be clear and useable without hindrance. Information relating to disability access and facilities within venues is available by contacting the relevant facility and arranging an inspection of the premises.
Floors, walls or any part of the building shall not be broken or pierced by nails, screws, etc. nor shall any appliance, fitting or fixture be interfered with in any way. Adhesives are not to be used on any surface.
Fireworks, confetti or other items deemed by responsible Shire staff to be objectionable are not permitted.
It is not permitted for the Hirer to sublet the premises or any part thereof. All hire arrangements must be submitted to the Shire for approval.
The supply of personal information on forms is voluntary, although failure to include information required may result in processing delays or rejection. The details supplied are not publicly available however the person signing this form is able to access to view or correct any information supplied by requesting same from the Shire of Wyndham East Kimberley Council offices where they will be stored.
The Hirer agrees to indemnify the Shire of Wyndham East Kimberley Council and its servants, agents and employees against any loss or damage in any form sustained by the Hirer or any person, firm or corporation, from liability as a consequence of the use of the facility. The Shire of Wyndham East Kimberley Council shall not be responsible for any loss of or damage to, any property whatsoever belonging to the Hirer or any person attending the activity.
As ‘the Hirer’ I acknowledge that I have read and understood the terms and conditions for hire of the Shire of Wyndham East Kimberley facilities and grounds and agree to be bound by them. I agree that failure to comply with all the terms and conditions as stated may result in retention of bond monies, additional fees and may jeopardize any future use of the Shire of Wyndham East Kimberley facilities and grounds.
I hereby grant the Shire of Wyndham East Kimberley an indemnity from and against all claims, demands, remedies, suits, injuries, damage, losses, costs, liabilities, actions, proceedings, rights of actions, claims for compensations and the like for which the Shire of Wyndham East Kimberley may be, or may become, liable in conjunction with injury, damage or accidental death through my neglect or default or misuse or by the neglect or default or misuse of any other person in connection with use of the Shire of Wyndham East Kimberley facilities and grounds.
For a printable version of these Terms & Conditions please click here.