Venue And Room Booking Terms

In accepting to use the facilities the Parties agree that Strategic Artistry Pty Ltd ACN 606 529 924 (“the Licensor”) will grant the right to use the space that You (“the Licensee”) have agreed to accept the obligations below as a condition of use of the Licensed Area.  

The Parties agree as follows:

1. Grant of licence

1.1 Subject to the terms of this Agreement, the Licensor grants the Licensee a licence to enter and use the Licensed Area  (and any Common Area in connection with the Licensee’s use of the Licensed Area)for a specified term as outlined in the Proposal.

1.2 The Licensor retains the right to cancel or relocate bookings at any time in the unlikely event that our facilities are required for other purposes. In these instances, staff will endeavour to provide the Parties with due notice and offer an alternative Licensed Area where possible. In the event that the Licensor is unable to offer a suitable alternative, a credit will be applied for the Licensor to use. The Licensor shall not be liable to the Licensee for any loads or damage suffered as a result of any such cancellation.

1.3 The Licensee is only permitted use of the exact area booked and identified in the Proposal to the client.

1.4 If the Licensee requires the use of additional facilities, equipment and services for a fee as agreed the staff will demonstrate the safe use of all equipment and facilities prior to its use. It is the Licensee’s responsibility to ensure these instructions are adhered to.

1.5 The Licensee will not make any addition or alterations to the structure, facilities, goods, equipments or decorations unless approved by the Licensor.

1.6 If the Licensee moves venue furniture and fittings they must be returned to their original storage place. For safety reasons the Licensee is required to stack all furniture as per instructions.

1.7 The Licensor is responsible for the whole area as specified by the parties. The Licensor is responsible for any damage to the venue, its facilities and furnishings etc during booking hours. This includes the behaviour of all people (invited or not) accessing the venue during the period.

1.8 The Licensor retains the right to request the hirer to remove any material which is considered to be detrimental to the venue’s presentation standards.

1.9 It is the Licensee’s responsibility to leave all hired areas included in the agreement clean and tidy condition, removing all personal property, all decorations and refuse any kind, disposing of refuse in the rubbish bins provided, wiping down all benches and sinks, and sweeping floors if required to return the premises to a clean condition.

2. Fee

2.1 The Licensee must pay the Licensor the Fee during as specified in the Proposal for use of the Licensed Area.

3. Access to the venue

3.1 The Licensor shall be responsible for access and entry to the Licensed Area.

3.2 Access to the venue is strictly limited to the booked hours. Entering the building outside  of these hours may trip venue alarms. The Licensor reserves the right to charge the licensee for costs incurred by any security call outs plus a penalty fee.

3.3 The Licensor reserves the right to control the venue including all means of entry and exit, and over the timing of opening and closing the doors and admission of the public (including the right to refuse admission to any person or persons)

3.4 The Licensee must be in attendance before and for the duration of the specified booking time within the Proposal.

3.5 Lost property – The Licensee is not to enter the property to collect after the hire period. Any property found in the venue will be retained by staff until claimed by the owner upon satisfactory proof of ownership.

4. Licensee’s obligations to comply with Laws

4.1 The Licensee and the persons under its control must comply on time with all Requirements and all Laws in connection with the Licensed Area and any Common Area and the use or occupation of the Licensed Area and any Common Area.

5. Notice of damage by Licensee

5.1 The Licensee must notify the Licensor of:

a. any damage, accident to or defect in the Licensed Area

b. any circumstance likely to cause any damage to the Licensed Area,  as soon as reasonably practicable upon the Licensee becoming aware of them.

6. No alterations without consent

6.1 Unless otherwise permitted by this Agreement, the Licensee must not erect any improvements or make any material addition or material alteration to the Licensed Area

7. Licensee’s other obligations

7.1 The Licensee must:

a. give the Licensor the current private address and telephone number of a manager, secretary or other responsible person employed by the Licensee;

b. give the Licensor a copy of any notice from any Authority regarding the Licensed Area or any Common Area; and

c. not do anything in or about the Licensed Area or any Common Area which is noxious, offensive, audibly or visually a nuisance or which interferes with the use of any neighbouring properties. If the Licensor determines in its reasonable opinion that any activity by the Licensee in or about the Licensed Area or any Common Area meets the criteria above, the Licensor must cease engaging in such activity upon the Licensor’s request.

8. Licensee’s representations and warranties

8.1 The Licensee represents and warrants that it:

a. has the power to enter into and observe the Licensee’s obligations under this Agreement;

b. has in full force and effect all Approvals necessary to enter into this Agreement; and

c. has obligations under this Agreement that are valid and binding, and are enforceable in accordance with the terms of this Agreement.

9. Licensor’s representations and warranties

9.1 The Licensor represent and warrant that:

a. It has the power to enter into and observe its obligations under this Agreement;

b. It has the power to grant the licence over any Licensed Area and any Common Area to the Licensee within the Proposal.

c. the grant of the licence to the Licensee under does not infringe any third party right or of any other user;

d. the exercise by the Licensee of its rights will not infringe any third party right; and

e. it is not aware of the presence of materials containing Asbestos or any other hazardous Substance in or around the Licensed Area or Common Areas.

10. Licensee to occupy Licensed Area at risk

10.1 The Licensee agrees to occupy and use the Licensed Area at the Licensee’s risk and releases to the full extent permitted by Law the Licensor from all Claims of any kind and from all liability which may arise in respect of any accident, damage or injury to any person or property occurring on the Licensed Area in connection with:

a. the use of the Licensed Area by the Licensee; or

b. a failure by the Licensee to comply with its obligations under this Agreement,

unless caused by the wilful act, default or negligence of the Licensor.

11. Licensee’s indemnity

11.1 The Licensee indemnifies the Licensor to the extent permitted by Law from and against all Claims suffered or incurred by the Licensor arising directly or indirectly from or in connection with:

a. any matter associated with the use of the Licensed Area or the Common Areas by the Licensee or the Program Participant of the Licensed Area or Common Areas;

b. any breach of this Agreement by the Licensee;

c. any accident, damage or injury to property on the Licensed Area or Common Areas to the extent caused by any act or omission of the Licensee or the Program Participant; and

d. any accident, damage or injury suffered by any person or the property of any person on or in the Licensed Area or Common Areas (to the extent that any accident, damage or injury is caused or contributed to by the Licensee or the Program Participant,

unless caused by the wilful act, default or negligence of the Licensor.

12. Licensor’s indemnity

12.1 The Licensorindemnifies the Licensee to the fullest extent permitted by Law, from and against all Claims of any nature suffered or incurred by the Licensee arising directly or indirectly from or in connection with:any accident, damage or injury suffered by any person or the property of any third person on the Licensed Area or Common Areas to the extent caused by the Licensor or persons under its control, unless caused by the wilful act, default or negligence of the Licensee.

13. Insurance

13.1 The Licensor maintains a public liability insurance policy that covers the Licensed Area including its own contents insurance. The Licensors contents insurance does not extend belongings or the belongings of guests. The Licensee should make its own insurance arrangements to ensure thatbelongings and any other liabilities are covered, including public liability and meeting any State or Territory workers compensation insurance requirements.

13.2 The Licensor does NOT accept responsibility for loss or damage to any belongings left unattended or unsecured in Curate Space facilities.

13.3 The Licensor liability is an amount equal to the ticket price in theProposal. The Licensor will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.

13.4 The Licensor acknowledges that the Licensee will be liable for, and agree to indemnify the Licensor for any damage caused to our staff, facilities, or for any claim brought against it.

14. Goods and Services Tax

14.1 The Parties agree that all amounts payable under this Agreement include the Goods and Services Tax (GST).

14.2 If a Party is liable to pay GST in respect of any good or service supplied under this Agreement, that Party will invoice the other Party for the GST amount payable for the good or service and will ensure that the invoice is a GST compliant invoice.

14.3 The Party who receives the GST compliant invoice must pay the amount of GST invoiced at the same time as the amount payable under this Agreement.

15. General provisions

15.1 Nothing in this Agreement:

a. constitutes a partnership between the Parties; or

b. except as expressly provided, makes a Party an agent of another Party for any purpose.

15.2 The content of this Agreement constitutes the entire agreement between the Parties and supersedes any prior negotiations, representations, understandings or arrangements made between the Parties regarding the subject matter of this Agreement, whether orally or in writing.

15.3 A provision of this Agreement can only be varied by a later written document executed by all Parties.

15.4 A notice given to a Party under this Agreement must be addressed to the address set out in Item 1 or 2 of the Schedule or to the address last notified by that Party to the other Party. Notices must be in writing and signed by an authorised representative of the sender. Notices are taken to have been given or made (in the case of delivery in person, by email, or post) when delivered to the specified address (including when left by either Party at the specified address).

15.5 Neither Party must assign, sub-licence, or otherwise deal with the Licensed Area or this Agreement without the other Party’s prior written consent, which may not be unreasonably withheld or given on conditions.

15.6 The Laws applicable in Victoria govern this Agreement. The Parties submit to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.

15.7 The Licensor has a strict policy with regard refunds of tickets purchased on behalf of the Licensee. As a general policy all tickets are non-refundable. Subject to any statutory rights of refund (including, without limitation, the provisions of the Australian Consumer Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather conditions.

15.8 The Licensor also has a strict policy with regard cancellations for hire of the Licensed Area. Booking deposits paid are non-refundable to cancellation, change-of-mind or change of date. Generally no refund applies to deposit amounts.

15.9 Cancellations are to be requested in writing by email or letter by the Lincensee stated on the invoice and can be sent to GPO BOX 4010 Melbourne or emailed to [email protected] 

16. Definitions

In this Agreement, unless the context requires otherwise,

16.1 Agreement means this agreement with its Schedule and Annexure

16.2 Approval means any certificate, licence, consent, permit, approval or other requirement of any Authority having jurisdiction in connection with the activities contemplated by this Agreement.

16.3 Authority means any government, semi governmental, statutory, administrative, fiscal or judicial body, department, commission, authority, tribunal, public or other person.

16.4 Business Day means a day on which banks are open for general banking business in Victoria, but may also include Saturday and Sundays.

16.5 Claim includes any claim, demand, remedy, suit, injury, damage, loss, cost, charge, expense, liability, action, proceeding and right of action.

16.6 Commencement Date means the date specified in Item 3 of the Schedule.

16.7 Common Area means any area of land on which the Licensed Area is located, or buildings of which the Licensed Area forms a part, and which are provided for common use by the Licensor.

16.8 Hazardous Substance includes anything which may create a risk to the health or safety of any person. The criteria for identifying whether a substance is a Hazardous Substance are those set out in the Australian Safety and Compensation Council document entitled: Approved Criteria for Classifying Hazardous Substances NOHSC (1008:2004), published by the Australian Government Publishing Service, Canberra (as amended from time to time)

16.9 Holding Over Period means the period which commences on the expiry of the Initial Term and continues until expiry of the Notice Period.

16.10 Law means any:

a. applicable law including legislation, ordinances, regulations, by-laws and other subordinate legislation;

b. Approval, including any condition or requirement under it; and

c. fees and charges payable in connection with the things referred to in paragraphs (a) and (b).

16.11 Licensed Areameans the area designated as Curate Space at level 6, 306 Little Collins Street, Melbourne VIC 3000.

16.12 Licensee’s Material means those substances and materials brought onto the Licensed Area by the Licensee which are required to be used by the Licensee in accordance    with the Permitted Use.

16.13 Notice Period means the period specified in Item 6 of the Schedule.

16.14 Party means either the Licensor or the Licensee, and Partiesmeans the Licensor and the Licensee.

16.15 Permitted Use means the general use specified in Item 7 of the Schedule.

16.16 Requirement includes any requirement, notice, order, direction, recommendation, stipulation, or similar notification received from or given by any Authority or pursuant    to any Law, whether in writing or otherwise.

16.18 Term means the Initial term and any Holding Over Period.

16.19 Operating Hours means the period each day specified in Item 4 of the schedule

16.20 Termination Date means the date specified in Item 5 of the Schedule.

16.21 Termination Notice means a written notice by one Party to the other Party to terminate this Agreement at the expiry of the Notice Period.

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