General Conditions of Hire
- For the purpose of these General Conditions of Hire, the following terms have the following meanings:
- ‘Hirer’ means the club, association, league, federation, society, team or other person or body to which the use of the Sportsground specified in the Permit is granted by the Territory;
- ‘Territory’ when used in a geographical sense, means the Australian Capital Territory and when used in any other sense, means the body politic established by section 7 of the Australian Capital Territory (Self Government) Act 1988 (Cth);
- ‘Permit’ means the permit granted by the Territory following its approval of the Sportsground application for hire form submitted by the Hirer; and
- ‘Sportsground’ means the sportsground specified in the Permit and includes any dressing pavilion and all fixtures, fittings, structures and other facilities on or at the Sportsground.
- Permits are required for the use of any Sportsground and must be produced on request to any authorized officer of the Territory.
- The Territory reserves the right to cancel a Permit without notice in the event of any contravention of the acts and regulations for the care, protection and management of the parks and reserves, or of these General Conditions of Hire by the Hirer, or any other member of the organisation to which the Permit has been granted. The Hirer shall have no claim against the Territory for any refund, loss or inconvenience resulting from any such cancellation.
- The Territory reserves the right to cancel an allocation of a Sportsground without notice if the Territory considers that the Sportsground will be unduly damaged by use. In such cases, re-allocation may be arranged either for the same date or a later date, or alternatively monies received by the Territory will be refunded. The Hirer shall have no claim against the Territory for any loss or inconvenience resulting from any such cancellation or re-allocation.
- The Hirer is responsible for any damage to the Sportsground including (without limiting the generality thereof) damage to any fixtures and fittings, fences, gates, buildings, seats, plant material, scoreboards or any other Territory property, caused through the use of Sportsground by the Hirer, its employees or invitees. The Hirer shall pay to the Territory such costs that are required for repairing the damage.
- The Hirer must, at its own cost, take out and maintain for the duration of the hire period specified in the Permit a public liability insurance policy, which notes the interests and rights of the Territory, to a minimum value of $10 million (in respect of each occurrence and in the annual aggregate). The Hirer must provide the Territory with a Certificate of Currency for that insurance prior to the commencement of the hire period. The Hirer is not permitted to use the Sportsground until the Certificate of Currency has been provided to the Territory.
- The Hirer indemnifies the Territory, its employees and agents against liability in respect of all claims, costs and expenses in relation to all loss, damage, injury or death to persons or property caused by the Hirer, its employees or invitees, arising out of or in connection with the hire of the Sportsground, except to the extent that the Territory caused the relevant loss, damage or injury.
- The Territory accepts no responsibility for any damages to the property of the Hirer, its employees, invitees or any other person on the Sportsground and shall not be liable for any loss or damage occasioned to the property of any such person however caused, except to the extent that such loss or damage was caused by the Territory.
- The Hirer must comply with the requirements of all Acts of the Parliament of the Commonwealth and all Acts or Ordinances of the Territory and all regulations and other laws applying in the Territory and with the lawful requirements of public and other authorities in any way affecting or applicable to the hiring of the Sportsground and shall compensate the Territory for any loss or damage occasioned to the Territory by any failure by the Hirer, its employees or invitees to so comply.
- Before using the Sportsground the Hirer must ensure that the Sportsground is in a proper and safe condition for use. The Hirer must also ensure that clubs, teams, individual participants and officials are aware that the Sportsground must be checked prior to use.
- The Hirer is responsible for the collection of litter at the Sportsground during the hire period specified in the Permit. Litter is to be deposited in approved bins located at the Sportsground. Where a waste hopper is provided, the Hirer must empty the litter bins into the hopper at the conclusion of the hire. If the Territory deems that the Sportsground is not left in a satisfactory condition, the Hirer will be liable for payment of cleaning costs. In addition, the Hirer may also be refused future allocations of any sportsground owned by the Territory.
- Any Hirer not vacating the Sportsground by the time specified on the Permit, shall be liable to pay such further charges as the Territory’s scale of the hire rates provides for.
- Sub-letting of the whole or part of the Sportsground or the transfer or assignment of the Permit is strictly prohibited.
- The Territory must be notified of cancellations or amendments by no later than four working days prior to the date for which the Permit is held. Hirers giving later or no notice of cancellations or amendments shall pay normal hiring charges.
- The Hirer agrees and acknowledges that:
- it will be the primary organisation conducting activities on the Sportsgrounds, or otherwise using the Sportsgrounds, at all times pursuant to the Permit (‘Principal User’);
- the Territory may require an authorised officer of the Hirer to execute a statutory declaration confirming it will be the Principal User;
- the Territory has the right to cancel the Permit at any time if, in the Territory’s reasonable opinion, the Hirer is not the Principal User; and
- in the event the Territory cancels the Permit pursuant to clause 15.c:
- the Hirer is not entitled to a refund of any part of the hire charge;
- the Territory may charge the Hirer an additional amount equivalent to the difference between the amount the Hirer paid and the amount the Hirer would have been charged for the Permit at the commercial rate; and
- the Hirer will have no claim or right against the Territory for any loss or inconvenience in connection with the cancellation.
- Any authorised officer of the Territory shall at all times, not withstanding any Permit, be entitled to free access to any part of the Sportsground.
- No vehicles are permitted to enter the Sportsground beyond the established car parks without the written permission of the Territory.
- Tents or marquis may not be erected without the written permission of the Territory.
- The wearing of spike soled Footwear is prohibited on synthetic cricket wickets.
- The Territory may require the Hirer to lodge a cleaning deposit when making a booking. Such a deposit, if requested, will be fully refundable if the Sportsground is kept in a litter free and tidy condition. Otherwise, the Territory may deduct from the deposit the amount it costs to clean the Sportsground.
- The Hirer may be required, upon the issuing of a notice to the Hirer, to co-operate in random drug testing procedures as specified in that notice.
- The Hirer is responsible for the safekeeping of all keys issued to the Hirer. Under no circumstances are copies of the keys to be made. All keys must be returned to the Territory as arranged at the time of hire on the next business day following the conclusion of the hire period specified in the Permit.
- The storage of LPG bottles is not permitted on or near the Sportsground.
- The sale or distribution of drinks in glass bottles or containers at the Sportsground is prohibited.
- Where the Sportsground is the Narrabundah Velodrome, in addition to the preceding conditions, the Hirer must:
- comply with and observe all regulations, By-laws and directions issued from time to time by Cycling Australia, including in relation to the use of Dernys or motor cycles on the Velodrome for motor paced training or events;
- provide an adequate number of supervisors to supervise the use of the Velodrome to ensure the safety of all users and adherence to these General Conditions of Hire;
- ensure that emergency vehicle access to the Velodrome is maintained at all times while the Velodrome is in use;
- with the exception of personal assistance animals such as seeing eye dogs, not permit animals to be brought within the Velodrome perimeter fence; and
- ensure the Velodrome perimeter fence is securely locked when closing the Velodrome after each use and at the conclusion of the hire period specified in the Permit. Any notice, including any other communication, required to be given or sent to the Territory under these General Conditions of Hire must be given or sent to the Manager, Sportsground Maintenance and Improvement Section, Sport and Recreation Services.
Any notice, including any other communication, required to be given or sent to the Territory under these General Conditions of Hire must be given or sent to the Manager, Sportsground Maintenance and Improvement Section, Sport and Recreation Services. The Manager’s contact details are:
Chief Minister, Treasury and Economic Development Directorate
Plaza North Canberra Nara Centre, 1 Constitution Avenue
Canberra City 2608
Phone: 02 62075143
Fax: 02 62075149