WAKATERE BOATING CLUB INCORPORATED HALL HIRE CONDITIONS

The Hall (as that term is defined below) is available for hire under the following terms and conditions:

Definitions and interpretation

1. In these Terms the following words shall have the following meanings:

1.1 “Day” means the period starting at 8.30am and ending at 5.30pm.

1.2 “Event” means the event, occasion or purpose for which the Hall is hired by the Hirer.

1.3 “Guests” means all persons under the Hirer’s control or for whom the Hirer is responsible under these Terms including (without limitation) all persons present at the Hall at any time during the Event.

1.4 “Grounds” means the property at Old Lake Road, Narrowneck Beach, Devonport on which Wakatere Boating Club is located.

1.5 “Hall” means the hall located in the Wakatere clubrooms on the Grounds.

1.6 “High Season” means the period starting on 1 October and ending on 30 April in any given year.

1.7 “Hire Agreement” means the form set out at the end of these Terms and signed by the Hirer.

1.8 “Hire Period” means the period during which the Hirer hires the Hall.

1.9 “Hirer” means the person named as such on the Hire Agreement.

1.10 “Low Season” means the period starting on 1 May and ending on 30 September in any given year.

1.11 “Night” means the period starting at 5.30pm and ending at 8.30am.

1.12 “Terms” means these terms and conditions.

1.13 “Wakatere” means Wakatere Boating Club Incorporated.

2. These Terms apply to the Hirer, the Hirer’s employees, agents, contractors, invitee and all Guests, and the Hirer is personally responsible for ensuring compliance by all such persons with these Terms.

3. The Hire Agreement is personal to the Hirer and may not be assigned or transferred.

Compliance

4. The Hirer agrees and acknowledges that the Hirer is responsible for complying with:

4.1 these Terms, and ensuring that all Guests comply with these Terms; and

4.2 any applicable statutes, bylaws or regulations relating to the use, occupation, safety and security of the Hall including, without limitation, for the consumption of liquor, noise control, traffic movement and parking.

Interference with club items

5. The Hirer acknowledges that the Hall’s primary use is as a sailing club, and that there are pictures, trophies, honours boards, sailing memorabilia, notices and curtains located in the Hall, and the Hirer agrees and undertakes at all times:

5.1 not to move any such items from their locations in the Hall (for example, and without limiting the generality of this clause, pictures must not be removed from the walls and curtains must not be taken down);

5.2 not to interfere with such items in any way; and

5.3 not to damage such items,

and the Hirer agrees and acknowledges that any breach of this clause 5 by the Hirer or any Guests will entitle Wakatere to withhold the Bond in its entirety.

Charges

6. The following amounts (together the Charges) will be payable by the Hirer (as applicable) for the hire of the Hall for any Event:

6.1 a hire fee in the amount of:

a) $1100 in relation to any period during which the Hall is occupied:

i) Day or Night during the High Season; or

ii) at Night during the Low Season;

b) $500 in relation to any Day period during which the Hall is occupied for commercial use on a Monday, Tuesday, Wednesday or Thursday during the Low Season; and

c) $250 in relation to any Day period during which the Hall is occupied for non-commercial use on a Monday, Tuesday, Wednesday or Thursday during the Low Season; and

(the Hire Fee);

6.2 a cleaning fee in the amount of $100 (Cleaning Fee); and

6.3 a refundable bond in the amount of

a) $500 in relation to:

i) any use of the Hall at Night; or

ii) any use of the Hall for a wedding or similar occasion; and

b) $200 in all other cases,

(the Bond).

Payment of Charges

7. The Charges will be payable by the Hirer as follows:

7.1 an amount equal to 50% of the Hire Fee is payable at the time of booking the Hall, in order to secure the booked date or dates (Booking Fee) which, once paid, is not refundable under any circumstances.

7.2 A further amount equal to the total of:

a) the remainder of the Hire Fee;

b) the Cleaning Fee; and

c) the Bond,

is payable not less than 2 weeks before the event.

8. All payments must be made without deduction in the manner directed by Wakatere.

9. All Charges are subject to change by Wakatere by no less than eight weeks’ notice to the Hirer.

10. If the Hirer does not pay any Charges to Wakatere when due as specified in clause 7, Wakatere may cancel the Hirer’s booking and this Hire Agreement (and retain any Booking Fee paid by the Hirer). .

Extraordinary Costs

11. In addition to the Charges, the Hirer will be liable for the following amounts (Extraordinary Costs):

11.1 any damage to the Hall or its contents during the Hire Period caused by the Hirer or the Guests, or arising due to the Hirer’s lack of care or any other breach of these Terms;

11.2 any theft of Wakatere’s property from the Hall during the Hire Period;

11.3 any extra cleaning, rubbish removal, repair or reinstatement of the Hall or its contents that Wakatere considers reasonably necessary after the Event;

11.4 any costs, losses or expenses Wakatere incurs due to any breach or non-observance by the Hirer of these Terms.

12. Any Extraordinary Costs incurred by the Hirer will be deducted from the Bond. Any Extraordinary Costs in excess of the Bond will be the personal liability of the Hirer and will be invoiced to the Hirer by Wakatere, any such invoice to be paid within seven (7) days of receipt by the Hirer.

Wakatere discretion

13. Wakatere expressly reserves the right to reject any request to hire the Hall. For the avoidance of doubt and without limiting the generality of this clause, the Hall will not be made available for 21^st birthday parties, parties involving predominantly teenagers, or bachelor/stag/hen parties.

14. By signing the Hire Agreement the Hirer warrants and agrees that:

14.1 the Event is accurately and fully described in the Hire Agreement;

14.2 the Hall will not be used by the Hirer for any activity that is:

a) different to the description of the Event provided by the Hirer to Wakatere;

b) of an objectionable nature;

c) in breach of reasonable standards of public decency; or

d) likely to create a nuisance.

Cancellation

15. For the avoidance of doubt, if the Hirer cancels the Event at any time after booking, Wakatere shall be entitled to retain the Booking Fee.

16. Wakatere may cancel the Event (and retain the Booking Fee) if, at any time, Wakatere reasonably considers that the staging or nature of the Event will, or might:

16.1 contravene Wakatere’s registered Rules or any statute, order, regulation, by-law, rule of law or any other requirements of a public or local authority; or

16.2 otherwise be in breach of these terms and conditions or reasonable standards of public decency.

Access and use of the Hall

17. The Hirer must collect the key for the Hall from the Hall Hire Manager, Ann Robins, 86B Wairoa Road, Devonport, Tel: 445-7349 prior to the Event, and must return the key no later than 10am the day following the Event.

18. The Hirer is able to open the gate to the Hall for temporary access; however no vehicles are to be parked inside this area or any other part of the Grounds during the Hire Period.

19. Vehicles may enter the Grounds to drop off and pick up supplies and equipment, but under no circumstances are vehicles to be parked on the Grounds at any time.

20. In respect of the Hall (except with the express written permission of Wakatere to do otherwise), the Hirer must, and shall procure the Guests to do, the following:

20.1 Take proper care of the Hall and ensure that no damage occurs to the Hall, the Grounds or any item of property located on the Grounds or in the Hall.

20.2 Not drive nails, tacks, screws, drawing pins or similar fastening devices to the walls, furnishings, ceilings or floors of the Hall.

20.3 Not move or remove any of Wakatere’s fixtures.

20.4 Not use any of the Hall’s equipment, fixtures, fittings, heating or ventilation systems other than for their intended purpose.

20.5 Ensure all fire precautions and safety requirements are complied with.

20.6 Report any damage to the Hall or any of Wakatere’s property immediately to Wakatere.

20.7 Keep the noise level to a reasonable level during the Hire Period, and when the Hirer and Guests are leaving the vicinity of the Hall. As the Hall is in a residential area, the Hirer must keep the doors and windows facing the street closed wherever practicable (south and west).

20.8 Not smoke anywhere inside the Hall and ensure that all Guests are made aware of this requirement. Any debris left by smokers outside the Hall such as cigarette butts and dead matches will be the responsibility of the Hirer to remove from the Grounds (before leaving the Grounds following the Event). Failure to remove such debris will result in an extra cleaning charge which will be determined by Wakatere (in Wakatere’s sole discretion) and deducted from the Bond.

20.9 Ensure that no Guest:

a) becomes heavily intoxicated;

b) behaves in an indecent, disorderly or offensive manner to any other Guest, any Wakatere member or personnel, or any other member of the public;

c) wilfully damages or destroys any property located on the Grounds or in the Hall; or

d) fails or refuses to comply with any lawful or reasonable request of any Wakatere member or personnel,

it being acknowledged and agreed that Wakatere (including any Wakatere officer or other person authorised by Wakatere) may remove, or refuse admission to, any Guest who that Wakatere representative reasonably believes is in breach any of sub-clauses (a) to (d) (inclusive).

20.10 Not sell or consume alcohol at or outside the Hall unless the Hirer has obtained an appropriate liquor licence. If the Hirer is not sure whether a licence is necessary, the Hirer should check with the North Shore City Council.

20.11 Not cook or BBQ any food on the decks of the Hall.

After the Event

21. All night-time Events must cease by midnight, and all daytime events must cease by 4.30pm, and all Guests must vacate by these times (as applicable). The Hall must be vacated by the Hirer and the Hirer’s employees, agents or contractors no later than 1.00am for night-time Events and 5.30pm for daytime Events.

22. At the end of the Event, and before leaving the Hall, the Hirer must:

22.1 remove all rubbish, bottles, food and alcohol from the Hall and the Grounds;

22.2 leave the Hall and all equipment and facilities in good, clean and tidy order, ready for immediate use by Wakatere or any other authorised user;

22.3 return all Wakatere tables and chairs to, and stack them in, the location and the manner as directed by Wakatere; and

22.4 ensure that the electric stove in the Hall is switched off, all windows are shut, all flammable material is removed, all lights are switched off, the Hall is securely locked and the security alarm is set.

23. All catering equipment, band equipment and other property of the Hirer and the Guests must be removed from the Grounds by 9.00am on the day immediately following the Event. Any such property left in the Hall after such time without the express written consent of Wakatere will be deemed to have been abandoned and may be sold or disposed of by Wakatere as Wakatere deems fit, with the proceeds of any such sale to be applied against Wakatare’s costs of such sale and the remainder paid to the Hirer at Wakatere’s convenience.

24. Within 2 weeks following the Event, Wakatere will:

24.1 inspect the Hall;

24.2 determine whether all or part of the Bond is refundable to the Hirer in accordance with these Terms; and

24.3 repay to the Hirer any part of the Bond that is determined by Wakatere to be repayable in accordance with clause 25.2.

Liability

25. To the maximum extent permitted by law, Wakatere (this includes Wakatere’s officers, staff and agents) is not liable whether in contract, tort (including negligence), equity or on any other grounds to the Hirer or anyone else including, without limitation, any Guest, for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of use or lost business or missed opportunities, occurring directly or indirectly from the use or ability or inability to use the Hall and based on any type of liability including breach of contract, breach of warranty, tort (including negligence) or otherwise.

26. Subject to clause 26, if any court holds Wakatere (this includes Wakatere’s officers, staff and agents) liable for any matter related to these Terms after the Hirer suffers loss or damage, Wakatere’s total combined liability will be limited to the Hire Fee.

27. The Hirer indemnifies Wakatere (and Wakatere’s officers, staff and agents) against all claims, demands, losses, damages, costs and expenses arising from the Hirer’s use of the Hall and any breach of these Terms by the Hirer or its Guests.

28. Wakatere is not liable for any loss or expense that the Hirer may incur if Wakatere is unable to make the Hall available to the Hirer as a result of fire, flood, earthquake, failure or other unavailability of any Hall services or any other event beyond Wakatere’s reasonable control.

Please remember on arrival at the Hall to disarm the alarm.

Please check the following before leaving:

· All rubbish, bottles, food and alcohol (other than alcohol owned by Wakatere) are removed from the Hall and the Grounds.

· All Wakatere tables and chairs are stacked in the location and in the manner directed by Wakatere.

· Electric stove is off.

· Windows are shut.

· Flammable material is removed.

· Hall lights are switched off.

· Hall is securely locked.

· Alarm is set.

Wakatere Boating Club Hall Hire

By completing the form below, the Hirer acknowledges and agrees to the terms and conditions of the Wakatere Boating Club Incorporated Hall Hire Conditions attached to this application form or available on request from the Hall Hire Manager (Ann Robins, 86B Wairoa Road, Devonport. Ph: 445-7349.)

Application Form

Hirer's Name: .......................................………………..........

On behalf of: ………………………………………………………………………(Company/Organisation if applicable)

Telephone:………………………..(H)

…………………………(W)

…………………………(M)

Address:……………………………………………………………………………………………………....

Nature of Function……………………………………….. Date: ……………………………….

Event Start and Finish Times: …………………………………………….

Event Set-up and Pack-up Times: ………………………………………………………………

NB: Previous day set up may be available on request.

Venue Hire Price

Total Venue Hire: $ ……………………………………. Total Deposit Due: $.......................................

*Alternative Contact: Telephone:

Hirer's Signature: ………………………………………………..

*(an alternative contact is necessary so that the hall hire manager has a contact after the function should the Hirer not be available. Preferably this should be a local person).

Wakatere expressly reserves the right to reject any request to hire the hall.

Wakatere Boating Club (Inc), Narrowneck Beach, c/o Ann Robins 86B Wairoa Rd Devonport, Ph 445 7349