By ticking this box you acknowledge that you have read and agree to the TAC venue hire terms and conditions as outlined below and agree to adhere to them as they pertain to your booking.
General Hires / Bookings
TERMS AND CONDITIONS
1. DEFINITIONS
In this Agreement:
1.1 terms defined in the Agreement Details have the meaning given there; and
1.2 unless the contrary intention appears in this Agreement, the following terms have the following meanings:
(a) TAC means the Tuggeranong Arts Centre ABN 66 461 861 538;
(b) Intellectual Property means:
(i) any registered or unregistered intellectual property rights including patents or any rights concerning any discovery, invention, process, improvement or procedure; trade marks (whether registered or not); copyright; registered or registrable designs; or other proprietary information and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields; and
(ii) any right to apply of registration or protection of the rights referred to in paragraph (i);
(c) Party means a party to this Agreement as set out in the Agreement Details and Parties means both of them;
(d) Personnel means any employee, officer, agent, advisor, contractor or invitee of a Party; and
(e) Technical Specifications means all technical requirements specified in the Agreement Details.
(f) Test and Tag means in the case of any electrical equipment brought into TAC– all leads, equipment and appliances – must be tested and tagged safe prior to arrival at TAC as per policy, workplace health and safety requirements and current Australian Standards.
2. USE OF VENUES AND FACILITIES
2.1 In consideration of the Hirer paying the fees listed in the Agreement Details, TAC will make available to the Hirer:
(a) the Venue, subject to the terms, of this Agreement; and
(b) TAC Staff and Equipment as specified in the Agreement Details.
2.2 TAC provides no warranty or guarantee as to:
(a) the suitability or appropriateness of the Venue or Technical Specifications for the Activity, other than as specifically set out in this Agreement; and
(b) any potential trading figures, foot traffic or custom within the Venue.
2.3 TAC warrants to the Hirer that, at the commencement of this Agreement, the:
(a) Venue is structurally sound; and
(b) the Technical Equipment listed in the Agreement Details, if required, is safe and in good working order.
3. GRANT OF LICENCE
3.1 Subject to clause 3.2, TAC grants to the Hirer a non-exclusive licence and authority to use the Venue subject to this Agreement.
3.2 The Hirer agrees that:
(a) it will comply with the requirements and any Special Conditions set out in the Agreement Details;
(b) the rights of use and occupation of the Venue by the Hirer are limited to those reasonably necessary to prepare for and conduct the Activity, including:
(i) staging area or areas for the Activity;
(ii) storage areas for the Hirer’s property necessary and incidental to the conduct of the Activity;
(iii) facilities for training and rehearsals of and incidental to the Activity; and
(iv) dressing rooms and other areas necessary and incidental to the conduct of the Activity;
(c) TAC may permit other activities, functions or events to be held at or adjacent to the Venue during the Activity Dates & Times;
(d) this Agreement does not create a tenancy or any other relationship between the Hirer and TAC other than that of licensee and licensor;
(e) this Agreement does not create any estate or interest in the Venue, other than a contractual right;
(f) this Agreement does not constitute a lease at law and the Hirer will not claim before a court or tribunal that this Agreement constitutes a lease at law; and
(g) in the event that a court or tribunal determines that this Agreement is a lease at law, TAC may, at its option, terminate this Agreement by written notice to the Hirer.
3.3 TAC retains the rights:
(a) to enter the Venue at all times, provided it does not materially interfere with the preparation or conduct of the Activity; and
(b) to use parts of the Venue at all times when such use does not materially interfere with the preparation or conduct of the Activity.
3.4 TAC will provide front of house staff reasonably required for any performances or other public presentations included in the Activity.
3.5 TAC will provide bar services if required at an extra cost. The Hirer must not sell any alcoholic beverage on or from any part of the Venue. The Hirer may provide food and non-alcoholic beverage services only with prior notification to, and approval from TAC.
4. OBLIGATIONS OF HIRER
4.1 The Hirer may be required to provide the following documents alongside this Agreement, as indicated by the Agreement Details:
(a) evidence that the Hirer has the necessary Intellectual Property (ie performance rights) to stage and perform the Activity;
(b) a detailed stage plot, including an input and equipment list;
(c) a completed technical requirements form; and
(d) a completed promotional brief form.
4.2 The Hirer must:
(a) obtain, at the Hirer’s cost, all applicable licences, including licences from OneMusic
(b) ensure that necessary Personnel attend any soundchecks, bump ins, bump outs or other required sessions, as outlined in the Agreement Details;
(c) hold its own Public Liability Insurance cover of at least $10,000,000 (or other amount agreed in writing by TAC) for the duration of the dates of the Activity specified in the Agreement Details and, if requested by TAC, provide a certificate of currency to TAC. (Performing arts and event-based cover may be obtained from Duck for Cover, Ausdance and Our Communities Insurance);
(d) comply with any directions given by TAC or any other competent authority (including but not limited to emergency services officers, such as fire fighters, police officers and ambulance officers), in respect of the safe and efficient use of the Venue;
(e) comply with TAC’s safety and risk management rules, including those relating to hazardous materials, pyrotechnics, prop firearms or other weapons, lasers and strobe lighting, animals, electrical safety, manual handling. No smoke and haze-generating activities may be undertaken in the Venue at any time;
(f) comply with TAC’s smoke free facility policy;
(g) complete, and ensure that its Personnel complete, an induction before commencing programs with TAC and ensure that the Activity is conducted in accordance with TAC’s Risk Management and Covid Safe procedures that are advised to it;
(h) follow, and ensure that its Personnel follow, all directions given by TAC in respect of any property or equipment owned by TAC;
(i) at all times keep the Venue in clean and good repair and condition;
(j) remove all perishable materials from the building to the receptacles provided;
(k) at the direction of TAC, make good, repair and restore to the level at the commencement of this Agreement any damage or alteration to the Venue (including toilets, showers and dressing rooms) caused by any act or omission that is not directly caused by TAC, its employees or agents before the expiration of this Agreement or earlier termination of this Agreement (or as otherwise agreed between the parties in writing);
(l) pay TAC the cost of repairing or making good any damage or loss to TAC equipment included in the hiring, and
(m) if TAC reasonably determines the Hirer has failed to comply with clause 4.2(j) or clause 4.2(l), pay to TAC on demand all costs reasonably incurred by TAC for cleaning, making repairs or making good any damage or alteration to the Venue. This includes a fee of $100 plus $5 per item when TAC is required to test and tag electrical items.
4.3 The Hirer must not:
(a) make any alterations or additions to any part of the Venue, or attach in any way to walls, doors, glass, floors, furniture, or fittings in or around the Venue using nails, screws, adhesive tape or other items without the prior consent of authorised TAC Personnel;
(b) do anything that may render void any insurance over the Venue, its contents or any part of TAC; or
(c) do anything that may cause an additional premium to be payable by TAC for insurance over the Venue.
(d) operate any equipment prescribed in the Agreement Details without the express written approval of TAC. If the Hirer wishes to run TAC’s technical equipment, a meeting with a TAC technician must be arranged prior to the show.
4.4 The Hirer is responsible for the Hirer’s property:
(a) used in or stored at the Venue; or
(b) used in connection with the Activity,
including for the loss, damage, destruction and wear and tear of the Hirer’s Property, save to the extent such loss or damage is caused or contributed to by TAC, its agents or employees.
5. BUMP IN AND BUMP OUT
5.1 The Hirer can access the Venue during the Bump In Time, Session Bump In Time and Bump Out Times.
5.2 By the final day of the Bump Out Time, the Hirer must vacate the Venue and must:
(a) have removed all sets, equipment, Personnel and belongings of the Hirer; and
(b) made good any damage to the Venue caused by such removal, at its cost.
5.3 If the Hirer fails to vacate the Venue by the conclusion of the Bump Out Time, a TAC employee will endeavour to store the Hirer’s belongings in a safe place until it can be collected, or arrange for collection. Any costs incurred by TAC in the removal or storage of the Hirer’s property become a debt immediately due and payable by the Hirer to TAC. TAC may dispose of uncollected Hirer’s property in accordance with the Uncollected Goods Act 1996 (ACT).
6. SAFETY
6.1 The Hirer agrees that it will occupy and use the Venue at its own risk.
6.2 The Hirer shall ensure all emergency exit doorways, passageways and loading docks are left clear at all times and exit signs left visible. The Hirer will not interfere in any way with the operation of the fire doors, smoke detectors or other safety equipment.
6.3 The Hirer shall ensure that all electrical equipment brought onsite is tested and tagged safe prior to arrival at TAC as per policy, workplace health and safety requirements and current Australian Standards (AS/NZS 3760). Any portable electrical equipment not displaying a current test tag may not be operated under any circumstances.
6.4 The Hirer must ensure that the Hirer’s Personnel, including any invitees, act in a manner that is consistent with the safe, efficient and lawful operation of the Venue including, but not limited to:
(a) work health and safety; and
(b) criminal conduct under the laws operating in the Australian Capital Territory.
6.5 The Hirer must, on demand by TAC, immediately remove any of the Hirer’s Personnel who are, in the reasonable opinion of TAC, engaging in conduct that may:
(a) require police attendance;
(b) offend or disturb any other occupants of the Venue; or
(c) detract from the reputation of TAC.
7. FEES AND CHARGES
7.1 The Parties agree to pay fees as specified in the Agreement Details.
7.2 If TAC is required to provide additional services as a result of the Hirer’s actions, such as providing staff to work overtime beyond what is identified in the Agreement Details, the costs of these services must be paid for by the Hirer unless otherwise agreed.
7.3 Where the Agreement Details provide that TAC must make a payment to the Hirer, the Hirer must give TAC a numbered invoice, which must include an ABN (or a completed Statement by Supplier form) and itemised dates for the Activity, for the amount specified in the Agreement Details. Invoices from sole trader performers and contractors must be accompanied by a Superannuation standard choice form.
7.4 If the Hirer is registered for GST, the GST component of any fees and charges must be clearly identified in their invoices. TAC will pay correctly rendered invoices within 14 days of receipt. Invoices must be emailed to accounts@tuggeranongarts.com
7.5 TAC is not liable for any costs or fees of the Hirer not listed in the Agreement Details, including transportation and accommodation, royalties, licences, or other costs.
7.6 Any Royalties (for example to original script writers or production staff) payable as a result of presentation of a performance will be paid as specified in the Agreement Details.
8. TICKET SALES AND MERCHANDISE
8.1 If requested by the Hirer, TAC will provide an area and table in the Centre for the Hirer to sell merchandise.
8.2 If TAC provides an area and table in the Centre for the Hirer to sell merchandise, the Hirer must:
(a) provide its own staff to sell the products;
(b) provide TAC with an inventory list of merchandise sold within 2 business days following the event, including gross revenue; and
(c) pay TAC the percentage of gross revenue from merchandise sales (if any) indicated in the Agreement Details.
8.3 If requested by the Hirer, TAC will manage ticket sales and attendance management, with ticketing fees payable as specified in the Agreement Details;
(a) TAC will provide standard ticket sales progress reports via email at a frequency as requested by the Hirer, and agreed by TAC; and
(b) complimentary tickets will be available for TAC and the Hirer to distribute as specified in the Agreement Details.
9. INTELLECTUAL PROPERTY
9.1 The Parties agree that nothing in this Agreement affects the ownership of any pre-existing Intellectual Property rights.
9.2 Any Intellectual Property rights arising out of or in connection with the Activity will, on creation, vest immediately in the Hirer (except for Intellectual Property rights that are developed using physical materials that are the property of TAC, in which case those Intellectual Property rights will, on creation, automatically vest in TAC).
9.3 If any Intellectual Property rights vest in TAC, TAC grants to the Hirer an irrevocable, perpetual, royalty free licence to use and exploit those rights for the purpose of the Activity including for marketing purposes.
10. PROMOTIONAL MATERIAL
10.1 The Hirer grants TAC and/or its agents a limited, royalty-free, non-exclusive, revocable licence to use images provided by the Hirer, including images taken by a third party for the Hirer, for the purposes of display, publicity and in promotional materials by TAC and/or its agents. For clarity, the Parties agree that images provided by the Hirer with full permission of use may be manipulated in the design of promotional collateral.
10.2 The Hirer agrees that any Intellectual Property rights arising out of, or in connection with, TAC’ use of the Hirer’s Material will belong to TAC. TAC and/or its agents have permission to link or present it through its online platforms and will acknowledge the Hirer when used.
10.3 The Hirer must acknowledge TAC through inclusion of its logo or statement in any promotional content. TAC grants to the Hirer a limited, royalty-free, non-exclusive, revocable licence to use TAC’ logo or statement for any promotional content.
10.4 The Hirer must:
(a) provide program details, photographs, biographies and other information required by TAC for promoting the Activity in accordance with the Agreement Details; and
(b) not transmit, broadcast, film, record or reproduce or permit the transmission, broadcast, filming, recording or re-production by audio, visual or any other means any part of the Activity at the Venue without the prior written approval of TAC. If the Hirer receives TAC’ approval, the Hirer must comply with:
(i) all requirements, rules, standards and guidelines issued by TAC; and
(ii) all laws as they apply to the transmission, broadcast, filming, recording or re-production of any Performance of the Activity.
11. WARRANTIES
11.1 The Hirer warrants that:
(a) it has the skills, experience and resources to present the Activity in a safe and efficient manner with a high degree of skill and care;
(b) at all times the Hirer will ensure that the Hirer, the Hirer’s Personnel and any persons invited into the Venue by the Hirer conduct themselves in a safe and responsible manner complying with all relevant laws and regulations;
(c) it has all necessary certificates, licences and permissions, including but not limited to those relating to copyright and other Intellectual Property, to lawfully present the Activity;
(d) all the Hirer’s Personnel are properly employed and remunerated on terms and conditions consistent with all applicable awards and laws, including as to superannuation and penalty rates;
(e) the presentation of the Activity and sale of the Merchandise will not result in the infringement of the proprietary rights of any third party; and
(f) the Hirer has inspected the Venue and the Technical Specifications, and that the Venue and the Technical Specifications are appropriate for the Activity.
11.2 The Hirer will, if requested by TAC, provide satisfactory evidence demonstrating compliance with clause 11.1.
12. INDEMNITY & RELEASE
Indemnity
12.1 The Hirer indemnifies TAC against all costs, expenses and liabilities arising in respect of any claims or demands for loss of or damage to property, or injury or death to persons, arising out of any acts or omissions of the Hirer or the Hirer’s Personnel in connection with:
(a) the use or occupation of the Venue or undertaking of the Activity by the Hirer or the Hirer’s Personnel;
(b) any fire on or from, or other damage to, the Venue caused or contributed to by the Hirer or the Hirer’s Personnel; and
(c) any loss of or damage to property or injury to or death of any person caused by the Hirer or the Hirer’s Personnel, the use of the Venue by the Hirer or the Hirer’s Personnel or otherwise relating to the Venue or the Activity.
12.2 The Parties agree that this indemnity does not apply to the extent that TAC or its Personnel directly caused or contributed to the relevant claim, demand, expense, cost, loss, damage, injury or death.
12.3 The Hirer shall inform TAC duty manager immediately on the Hirer becoming aware of any breakages or damage to the Venue or its fittings or fixtures.
12.4 The Hirer must, at its expense, make good the amount of all claims, demands, expenses, costs, losses and damages the subject of the indemnity. Release
12.5 The Hirer releases TAC from all actions, liabilities, penalties, claims or demands for any damage, loss, injury or death occurring in the Venue and in particular the Hirer acknowledges that it has no right to terminate this Agreement, reduce payments under this Agreement or make any claim against TAC for any:
(a) interruption to or defect or malfunction of any utilities;
(b) water ingress of any kind; or
(c) acts or omissions of any other person,
except to the extent caused or contributed to by TAC’s wrongful act or omission, negligence or breach of this Agreement.
13. TERMINATION
13.1 TAC may, at its discretion, terminate this Agreement if:
(a) the Hirer breaches any term of this Agreement and (if the breach is capable of remedy) fails to remedy the breach within seven days of being notified in writing by TAC;
(b) TAC considers, in its opinion, that the Activity is offensive, discriminatory, or otherwise hurtful or unlawful in nature;
(c) adverse weather conditions prevent the Activity from occurring;
(d) unsafe site conditions prevent the Activity from occurring; or
(e) there are any conduct, health or safety concerns.
13.2 If the Hirer fails to deliver on agreed Activity outcomes, or TAC terminates the Agreement under clause 13.1, TAC is not obliged to pay the Hirer any fees.
14. CANCELLATIONS BY THE HIRER
14.1 If the Hirer is unable to proceed with the Activity during the Activity Dates & Times for any reason, the Hirer must immediately give written notice to TAC of that fact.
14.2 In the event of cancellation by the Hirer for any reason (other than default by TAC), any deposit or pre-payment paid by the Hirer to TAC will be retained by TAC.
14.3 Cancellations within 30 days of the Activity Dates & Times will incur a cancellation fee of:
(a) 100% of the total Hire Fee; plus
(b) any additional costs incurred by TAC up to and including the date of written notification of cancellation, in providing and preparing for use of the Venue and the Activity and in the amounts reasonably determined by TAC.
14.4 Any amounts payable under clause 14.3 will be a debt due by the Hirer to TAC and may be invoiced by TAC to the Hirer for payment within 30 days of the invoice.
15. COVID-19 AND PANDEMIC CANCELLATIONS
15.1 TAC may cancel the Activity by notice to the Hirer due to COVID-19 or another pandemic or public health emergency.
15.2 In the event of cancellation of the Activity under clause 15.1, TAC agrees at its discretion to assist the Hirer to secure an alternative date for the Activity.
16. EXCLUSIVITY
16.1 In the event that the Agreement Details provide for regional exclusivity (which may occur when TAC is sharing in the risk of ticket sales for its Venue hire fee), the Hirer must not participate in the staging of the same Activity within the region, and for the time period, that are specified in the Agreement Details.
