Avalon Workshop Terms and Conditions

1. General Conditions of Use
   - It is the hirer’s responsibility to ensure that the centre is safe and secure. For afterhours emergencies such as power failure, blocked plumbing etc. hirers are to phone Northern Beaches Council’s 24 hour number 1300 434 434. An emergency call out fee may be applicable if the call out is due to the hirer’s actions.
   - The hirer undertakes that in connection with the use or occupation of the premises the hirer will not permit or suffer anything to be done which is disorderly, offensive or illegal.
   - The hirer is responsible for the behaviour of all persons attending the premises at any time in connection with the hirer’s booking.
   - It is the hirer’s responsibility during the hire period to restrict access to the general public to the Avalon Workshop where applicable.
   - The hirer must be at least 18 years of age. Proof of age may be required. The hiring is personal and not transferable. The premises cannot be assigned or sub-let.
   - A casual hirer is required to be present at the premises for the duration of the period of hire.
   - Council does not take any responsibility for the loss or damage to the hirer’s equipment, furniture or personal possessions in the facility.
   - No animals are permitted in Council buildings, other than guide dogs or official animals of the NSW Police.
   - Avalon Workshop is multipurpose and Council cannot guarantee a certain noise level. Noise may be generated from hirers’ activities or Golf Club use in the shared building.
2. Hirer's Obligations
   - The hirer must advise Northern Beaches Council in writing the type of activity that is to take place in connection with the hirer’s booking. The premises should only be used for the purpose shown on the completed application for hire and as agreed by Council. Usage of the venue will be permitted only for the part of the premises which is booked and where the fee has been paid.
   - The hirer must not make any changes, additions, building works to structure or grounds of the centres without prior written Council consent.
   - Working with Children hirers conducting activities for children are bound by NSW Child Protection Legislation. Clubs and service providers are required to undertake Working with Children Checks and implement Prohibited Employment Declarations for all persons working directly with children. It is the responsibility of the hirer to ensure this process is followed.
   - The hirer is responsible for ensuring that children are in the company of a responsible adult at all times and that access is monitored in an appropriate manner, including drop off and pick up of children to activities at the Workshop.
3. Bookings
   - The hirer must only enter/use the space(s) listed in their approved booking. Please note that bookings do not include adjacent car park, golf club level upstairs or the golf course. Any request to use additional areas must be submitted in writing prior to use and will be negotiated with the current Golf Club Management.
   - All new and additional bookings must be approved in writing prior to entry of the Avalon Workshop.
   - Response to telephone enquiries is usually within 48 business hours and all written correspondence is usually responded to within 10 business days.
   - Once payment is received, along with the application for hire and any required copies of insurances, the booking will be confirmed in writing by Council.
   - Avalon Workshop hire will be cancelled if the space is not being used appropriately e.g. not using the space as intended by Councils building guidelines.
   - If tickets are issued or sold to participate in an event/activity then the maximum number of tickets issued must not exceed capacity of the venue booked.
4. Period of Hire
   - The booking period must include time for set up, pack up and cleaning within the times stated on the hire application form. Any exception to this is to be approved prior in writing by Council.
   - Early entry or failure to vacate the facility at the end of the hire period will incur the penalty fee plus a minimum of 1 hour hire. There is a possibility of cancellation of ongoing/future bookings if hirers are found in a building with no booking.
   - Bookings are a minimum of 1 1/2 hours unless written approval is given for exceptional circumstance.
   - No discounts are given to set up and pack up time. All set up and pack up is charged at the approved hire rate. Overnight bookings such as exhibitions or where consecutive day’s bookings are made will not be charged from 9pm to 9am. This is reviewed by management on a case by case basis and depends on what times the centre is accessed.
5. Cancellation/Transfer of Bookings
   - Council reserves the right to refuse any confirmed booking or request, to cancel or relocate any hirer to another suitable centre if such action is considered necessary. Regular or casual hirers may be asked to relinquish their booking because of a multi-day event, exhibition, maintenance etc., or to allow better use of all rooms within the centre. In such cases a minimum of 4 weeks’ notice will be provided to the hirer.
   - On any reasonable ground, Council reserves the right to cancel bookings and storage access, these may include but are not limited; to emergency situations and adverse environmental / weather conditions. Council will, where reasonably possible, attempt to find the hirer alternate facilities. If the alternate facilities cannot be found or are not suitable, the booking fee will be refunded.
   - Regular hirers must provide at least 14 days written notice requesting cancellation, or otherwise pay the relevant hiring and administration fees in lieu of sufficient notice. Payment will be required for bookings where due notice is not given.
   - If a regular hirer does not use attend for more than two consecutive bookings, then Council has the right to review the allocation of the facility.
   - Any changes to booking information such as times, contacts, address for invoice etc. is required in writing as they are considered a modification of hire.
6. Termination of Agreement
   - Failure to comply with any of these conditions may result in your booking being cancelled by Council. Any breach of the terms and conditions including providing misleading or incorrect information on an application may result in immediate termination and forfeiture of the casual bond.
   - Council reserves the right to cancel any further bookings at its discretion if payment is not received before commencement of a casual booking.
7. Fees and Payments
   - Council reviews all fees and charges prior to 30 June each year in order to set the Schedule of Fees and Charges for the following financial year. Should a booking for the following financial year be confirmed before this review and before subsequent communication of an updated Schedule of Fees and Charges occurs, Council may increase the fees and charges payable by the Hirer to reflect an updated hire rate, which was not available at the time of confirmation.
   - All casual hire fees are to be paid at the time of booking.
   - Failure to make payment by the due date will incur a late fee per instance which is determined by Council and documented in the fees and charges. Ongoing late payments and debts may result in hire being cancelled. Fees for regular hirers are due 14 days from the date of the invoice. Casual hirers are required to pay before the event.
   - If an amendment is made to a booking which increases the regular hirer’s usage for the period after the invoice has been paid, the additional fee may be paid at this time or can be included in the following period’s invoice.
   - Where regular hirers have exclusive use of premises they may be required to pay for cleaning, electricity, telephone, or other utilities.
   - To apply for a concession rate a concession application form will need to be completed and assessed by Arts and Culture Management.
8. Emergency Procedures
   - The hirer must be aware, familiarise themselves with and observe the Emergency Evacuation Management Plan for the premises. Hirers are responsible for evacuating the premises in the case of an emergency.
   - The hirer must take direction from Council Officers in the case of an emergency, when such officer is present.
   - The hirer must ensure that all exit doors and access to fire equipment are kept clear.
   - The hirer is responsible for ensuring that firefighting equipment is not discharged, used or interfered with for any reason other than its designated purpose. Council must be notified as soon as possible if equipment has been used for any purpose.
   - Each room has a maximum capacity, Council will advise upon request. It is the hirer’s responsibility to understand the capacity of the space and familiarise itself with all equipment associated with the Centre. The capacity must not be exceeded.
9. Safety
   - Hirers are to consider safe practices at all times during their hire period.
   - Any accidents/near, accidents should be reported to Council in writing, providing full particulars of the incident including the contact names, numbers and addresses of witnesses and the injured person.
   - Hirers are responsible for supplying the Material Safety Data Sheet/s (MSDS) for all hazardous substances and dangerous goods brought on to the premises. There is to be no use of hazardous chemicals without prior permission from Council and SDS presented.
   - All reasonable steps must be taken by the hirer to satisfy themselves that there is no reasonable risk of injury to any person participating in the hirer’s activities.
   - PPE is to be provided by the hirer and to be recommended to be used when appropriate. Hirers are to ensure class participants use proper PPE when required.
   - Hirers are required to review and agree to the Safe Studio Practice Guide.
   - This Facility is collocated with an active golf course. Hirers must ensure that participants/students attending their workshops do not linger in the outside area adjacent to the western side of the building.
   - Hirers must communicate the risks of wayward golf balls to workshop participates (whilst the golf course is open for use).
10. First Aid and Defibrillator
    - All hirers must supply their own First Aid Kits and ensure they have adequate training to perform First Aid if required. Groups are also to provide their own Defibrillators if necessary. First Aid Kits and Defibrillators must not be left on the premises unless locked away.
11. Equipment and Fittings
    - Hirers are responsible for setting up and packing away any furniture and equipment used during their hire period. All tables, chairs and other equipment are to be wiped clean by the hirer before being put away as per directed and/or instructed in the information pack. All furniture should be returned to the storeroom or left where originally found ensuring that all fire exits are left clear at all times. Items must be stored in a safe way allowing easy access or as instructed by the booking office.
    - The hirer must not remove or permit the removal of, any furniture, equipment or contents from the Centre without the written permission of Council.
    - All equipment belonging to the hirer shall be contained neatly within the agreed area and must not obstruct or hinder other users of the premises.
    - All electrical equipment brought in by hirers must display a current tag that the item has been tested and tagged by a qualified electrician. Any untagged items left in the Centre will be removed.
    - Council reserves the right to remove/replace furniture at the Centre as it deems necessary. If the hirer requires additional furniture and equipment to those available then it is the hirer’s responsibility to organise.
    - It is the hirer’s responsibility to ensure that all furniture and equipment brought in by the hirer is removed prior to the end of the hire period. Failure to remove furniture and equipment may result in Council removing it at cost to the hirer.
    - Council does not take any responsibility for the loss or damage to the hirer’s equipment, furniture or personal possessions in any of the Centres. Council has the right to dispose any incorrectly stored items.
12. Damage/Loss of Property
    - It is the responsibility of the hirer to inspect the premises at the commencement of the hire period to ensure its condition is safe and fit for the purpose of the hire. Noticeable damage to the premises is to be reported to Council immediately, otherwise it will be assumed that this damage occurred during the course of the booking. Any untidiness or issues with the premises prior to the booking must also be reported to Council.
    - The hirer must not place or use any substance on the floors, walls or other surfaces that would damage or alter the surface. The hirer may be responsible for any financial costs for repairs as a result of their actions.
    - The hirer must report immediately to Council any damaged or dangerous electrical fittings and ensure that steps are taken to prevent use of the same until repaired.
    - The hirer is responsible for the full cost of any damage caused to the premises, grounds, furniture or fittings during the course of the hirer’s use of the premises, including scratches on floors caused by items being dragged across floor surfaces. If the hirer’s equipment is not stored away correctly Council is not responsible for any loss or damage and has the right to remove and dispose.
13. Alcohol
    - The sale, supply and/or consumption of alcohol to or by minors is prohibited in or on the grounds of the premises. The hirer must comply with the Liquor Act 2007 and all relevant legislation and control.
    - The service of alcohol must be approved in writing before the event.
14. Cleaning
    - Hirers are responsible for ensuring that the hired space is left clean and is ready for the next user. This includes wiping down benches, tables, and sinks; removing all items from the kitchenette, including in the fridge, artworks and materials; mopping up spills and sweeping/mopping the floor. Any spillage on the floor should be cleaned immediately by the hirer to avoid the likelihood of injury, possible liability and damage to the floor surface.
    - Rubbish is to be placed in bins provided. Bin liners are to be tied and full rubbish bags are to be placed in external bins. Should the exterior waste bins be full, the hirer is responsible for removing their waste or any overflow from the centre.
    - Hirers are required to bring their own cleaning materials, cleaning sponges, tea towels, and garbage bags for extra rubbish.
    - If additional cleaning is required after the hire period the cleaning charge per hour will be charged. The cleaner is not responsible for tidying.
    - An extra charge for litter bins/rubbish collection per bin may apply if additional bins are required.
15. Storage
    - Council reserves the right to review the allocation of storage at any time.
    - Storage facilities are for storage of equipment that is used inside, not for equipment that is used for activities not related to Avalon Workshop hire.
    - If the hirer who has been assigned storage decides to share the area then it is at the hirer’s risk. Council is not responsible for any loss or damage.
16. Noise Control
    - Noise generated by music and/or human activities (shouting, vehicles etc.) must be kept to an acceptable level and not cause an annoyance to neighbouring premises and Golf Club users. Any music played must be kept to a reasonable level to avoid disruption to any other hirers at the premises. Failure to reduce noise levels at the request of either a Council official or the police will result in the activity being stopped and any future bookings cancelled.
    - All music or amplified sound must cease at 10pm , unless advised of an earlier time for specific centres or for any reason. All hirers must follow the Protection of the Environment Operations (Noise Control) Regulation 2017.
17. Keyless entry
    - Building access will be granted through a keyless pin pad security system. Pin codes will be updated regularly. The hirer is responsible for keeping the pin code confidential. Any breach of confidentiality may result in termination of future bookings.
18. Advertising
    - Promotion of activities may be carried out by Council each year. It is the responsibility of the hirer to promote and advertise their own activities and services. All promotion of activities provided by the Council is subject to continuous review and is not guaranteed.
    - Temporary banners can only be erected by the hirer during the hire period or with the prior approval of Council. Hirers are not to erect or display any sign or notice on the premises without the prior written consent of the Council. Permanent individual signs at the Centre advertising user groups are not permitted. Any illegal signage found will be disposed of.
19. Decorations and use of walls
    - The hirer must take special care when using the walls to display work. Removable adhesives may be used but must been removed at end of hire period. Nails, screws or any other fastenings must not be driven into or attached in any way to the walls, floors, timberwork, furniture or fittings. Confetti, glitter or similar products are not permitted in or on grounds of the Golf Club The hirer is liable to Council for full restoration, cleaning and repair costs in connection with any damage resulting from this action.
    - The hirer is not to attach decorations or any other material to any fans, heaters or electrical fittings.
    - In accordance to Council’s Single Use Plastic Policy and Waste Minimisation for Functions and Events Approved by Council Policy, please refrain from using balloons.. Hirers may also be supplied a ‘Swap this for that’ brochure to assist in avoiding single use plastics.
20. Prohibited Items
    - Total fire bans must be observed on the premises and in the surrounding grounds.
    - Use of resins, epoxies, oil paints, solvents, enamels, aerosols i.e. fixatives, spray paint must be used in compliance with the safe studio practice manual. Hirers must read and agree to the safe handling and use of these materials (where relevant) before hiring the space.
    - Open flames, fireworks, flammable or combustible liquids, toxic or corrosive chemicals of any kind, kerosene or spirit-type lamps are not permitted.
    - Smoking is not permitted on the premises, including the surrounding grounds.
21. Miscellaneous
    - The hirer must comply with all relevant legislation, regulation and controls. Including but not limited to public health, sale and supply of liquor and copyright (including music).
    - The Charitable Fundraising Act 1991 requires that an organisation intending to fundraise for charitable purposes must hold a license/approval to fundraise. All fundraisers must supply a letter from the charity with permission to fundraise on behalf of the charity.
    - Council may request hirers to supply protective material on/under equipment to prevent floor damage.
    - If music or music videos are played, performed, copied or recorded in centres by hirers it is the responsibility of the hirer to obtain the relevant licences and comply with all copyright requirements.
22. Public Liability and Indemnity
    - A current Public Liability Insurance certificate must be supplied for high-risk activities, events that are a commercial activity by a registered business or as otherwise requested in writing by Council.
    - Casual and regular hirers who are, clubs, associations, organisations, corporations, incorporated bodies and persons or groups of persons who are hiring Avalon Workshop for commercial or profit making purposes must obtain Public Liability Insurance.
    - Individual casual and regular hirers who are NOT, clubs, associations, corporations, or incorporated bodies hiring the Avalon Workshop for non-commercial or non-profit making purposes can be covered under Council’s Casual Hirer’s Liability Insurance.
    - The following casual hirers are NOT covered by Council’s insurance cover: Hirers who undertake high risk activities or sell high risk products e.g. children’s items, electrical items etc.
    - Council recommends Public Liability Insurance of at least $20M for all hirers not covered by Council’s insurance.
    - A certificate of currency for the hirer's insurance must be submitted to Council before approval is given.
    - The hirer is responsible for ensuring any service provider or contractor they engage has public liability insurance for a minimum of $20M.
    - The hirer is not to void the insurance at any time during the hire period. It is the hirer’s responsibility to ensure that they renew their public liability insurance on time with no lapsed time.
    - The hirer must effect and maintain workers' compensation insurance if required by (and, if so, in accordance with) relevant laws.
    - The hirer must immediately notify Council of any occurrence that may give rise to a claim under either or both of those insurance policies and thereafter keep Council informed of developments concerning the claim.
    - Casual and regular hirers indemnify Council from and against all actions, suits, claims, demands and costs, charges, damages and expenses for which the Council may become liable for or in respect of the death or personal injury or damage to or loss of property, which may arise from the use of the premises. The hirer will occupy and/or use the Community Centre at his/her own risk.
    - The Parties to this Agreement expressly agree this Agreement is not to be construed or interpreted as either a lease or a licence.
23. Sale of Merchandise
    - Arts/creative exhibitions/pop-ups are permitted to sell items. Council will not take a commission on items/artworks sold. All hire is subject to approval.

Please retain a copy of the Avalon Workshop Terms and Conditions of Hire for your records.
Last updated: December 2020