Expectations and Agreement

1 Vacant Assembly’s obligations
VACANT ASSEMBLY (VA) WILL:
a) Maintain public liability insurance in respect of the Venue.
b) Ensure that the Venue is in a clean condition.
c) Ensure that the Hirer has access to the Venue at all times during the term of hire.
d) A VA representative will be contactable for the duration of monthly hire. All staffing aspects are the responsibility of the Hirer.
e) VA reserves the right to refuse any proposed booking or to cancel any booking not considered to be an appropriate use of the facility or where the activities conducted in the venue would be detrimental to the facility.

2 Hirer’s obligations
THE HIRER WILL:
a) Take out and maintain all necessary insurances including adequate contents insurance, volunteers’ insurance and workers compensation for the Hirer’s employees, agents and licensees (if any).
b) Return the Venue to the condition it was in at the commencement of the term of hire or will forfeit the Security Bond. Return of the Security Bond is dependent on the conditions outlined in clause 5d and clause 13.
c) Allow the Gallery and its employees, agents and licensees all reasonable access to the Venue.
d) Inform VA immediately of any breakage or damage to the Venue, its fittings or fixtures. The hirer is responsible for any damage or loss suffered by VA that is caused by the negligence of the Hirer and is responsible for any costs associated with repairs.
e) Negotiate timing of events (e.g. Opening event, workshops, talks etc) with VA staff to ensure they occur at appropriate times and compliment other events and exhibitions in the space.

3 Installation
a) Lab 266 has established display, hanging/fixture systems for all surfaces (including timber, painted concrete block and steel mesh). There is no gallery rail. Various display equipment is available including tables, shelves, hooks, display stands and a central clothing rail may be installed if required.
b) The installation, hanging and de-installing of artwork/products/display is the responsibility of the Hirer/s. The Hirer/s agrees to discuss display requirements and plans with Lab 266 Coordinator prior to the installation period.
c) The Hirer/s agrees to consult with Vacant Assembly before using any equipment and shall not alter any fixtures in the space provided by Vacant Assembly. The Hirer/s agrees to consult with Vacant Assembly before bringing in or using any potentially damaging equipment or materials.
d) The Hirer/s agrees to install their work in Lab 266 using the established display system and furniture in use by the Venue, and to discuss the use of any extra display furniture or requirements with Vacant Assembly before installing them in the space.
e) Where and when prearranged, Vacant Assembly may agree to assist the Hirer/s with advice and /or the installation, hanging and / or demounting of the display. eg. Tools/equipment for hanging $50 flat fee, Curatorial assistance $50p/h (minimum 2hr).
 f) Vacant Assembly has the right to withdraw work from Lab 266 if the work is obscene, defamatory, or discriminatory, or involves a breach of copyright or other rights, or if the work is deemed by Vacant Assembly to be incompatible with the Gallery’s standards.

4 Access
a) The key and/or access will only be granted if all payments have been received into Vacant Assembly's bank account.
b) The Hirer/s will be provided with a key on the morning of the commencement of their hire or prior by arrangement with the Lab 266 Coordinator and is to be returned on completion of the hire period at 6pm.
c) It is the responsibility of the Hirer/s to prevent patrons accessing the private studios during the hire period.
d) The Hirer/s will only be granted access to the private studio areas if a prior arrangement has been made with the Lab 266 Coordinator. Any damage or loss to studio equipment will incur a replacement cost penalty.

5 Payment Requirements and Timing
a) Access will not be provided until the full rental amount plus the Bond / Deposit has been received.
b) Vacant Assembly has no obligation to proceed with the Project if the full rental amount plus Bond / Deposit have not been received by the due date. Failure to pay on time or cancellation of booking will lead to forfeiture of Bond / Deposit
c) The balance must be paid two (2) months before the start of the Project.
d) The Bond / Deposit of $500 is refundable after the end of the rental when:

• Lab 266 is left thoroughly clean and in original condition

• All screws, wall plugs and other fixings have been removed and repaired

• After any restitution has been made for any damages that may have occurred to the studio and gallery and the gallery’s key is returned. 

6 Termination
a) Each party has the right to terminate the agreement up to two months prior to the Lab 266 booking.
b) If the agreement is terminated by the Hirer they will forfeit Bond / Deposit.
c) If the terminating party is Vacant Assembly, all payments will be refunded.
d) Additionally, VA may terminate this agreement and retain the deposit if the Hirer has not paid the required fees by the due date. 
e) If the hirer terminates the agreement within 2 months of the project start date, all fees will be retained by Vacant Assembly.
f) If either party is in breach of their obligations under clauses 1 and 2, the other party may give the party at fault written notice of the breach and give 7 days within which to remedy the said breach. If the breach remains unresolved the agreement may be terminated.

7 Postponement
If the exhibition needs to be postponed a $200 fee will be retained to cover admin costs.

8 Sales
a) The Hirer/s are solely responsible for the handling of sales and collection of payments.
b) It is the responsibility of the Hirer/s to distribute sold work/s.
c) The responsibility for insurance, packing and transport to and from the Venue will be borne by the Hirer/s.

9 Marketing and Promotion
a) The responsibility and costs of publicity and promotion will be borne by the Hirer/s.
b) It is expected that Hirer/s make all efforts in pursuit of publicity for their project.
c) If printing advertisement material, the Hirer/s is encouraged to deliver it to Vacant Assembly, one month prior to the Project, to use for promotional purposes.
d) Vacant Assembly agrees to promote the Hirers project on the Vacant Assembly’s website, and Instagram.  As such, it is the Hirer's responsibility to supply Vacant Assembly with:

• A minimum of two (2) high quality Jpeg images (preferably those used in project marketing).

• The relevant information of the Project as well as any and all proposed events to be held in conjunction with the Project as soon as possible but, no later than one (1) month prior to the starting date for promotional use. 

e) When promoting the event, the Hirer agrees to include ‘Vacant Assembly Lab 266’ in written or digital communications.

 10 Documentation of the Project
a) For their own records Vacant Assembly may document the Project and use these images for promotional purposes.
b) The Hirer/s is responsible for his/her own documentation.

11 Copyright
The copyright in each work shall remain the property of the Hirer/s.

12 Insurance and Liability for Loss, Theft, Damage, Fire & Perils
Vacant Assembly agrees to take utmost care in handling and displaying all artwork(s) and/or products but shall not be responsible for any loss or damage, however caused. It is the Hirer/s responsibility to insure artworks for loss or damage and to ensure they have appropriate Public Liability Insurance to cover their own activities.

13 Public Safety
The Hirer/s agrees to take all measures necessary to ensure that their Project will not cause or potentially cause any injury to any person. Vacant Assembly shall direct alterations to the way in which the Project is installed or conducted, if, in Vacant Assembly’s opinion, risk to visitors exists.

14 Storage
a) There are no storage facilities at The Venue. All packaging, extra stock etc. must be stored within Lab 266 or be removed from the space if appropriate storage can’t be designed into the Project display.
b) The venue is not responsible for any work or equipment left behind after the Project and any items left behind after a period of two weeks become the property of Vacant Assembly.

 15 Cleaning
a) The Venue will be given to the Hirer/s in a clean condition. Please note any spillage to the surfaces should be cleaned by the Hirer/s during exhibition period. The Hirer/s, however, must keep all areas tidy, clean and to a professional standard at all times while installing, uninstalling and during the operation of the Project.
b) The Hirer/s is to remove all rubbish. Rubbish can be placed in the appropriate council bins on site. Hirer/s are to comply with the appropriate recycling practices.  
c) A security bond is payable with every Lab 266 hire, which will be held until seven (7) days after the conclusion of the event. This flat fee is refundable after a post event inspection is carried out and the venue is deemed to have been returned to VA in the same condition found by the Hirer prior to the commencement of the event. Should the venue be deemed to have not been returned in the same condition as it was hired the Security Bond will not be returned.

 16 Beverage/Food/Smoking
a) During any Lab 266 Events, the provision, service and consumption of food and beverages is the responsibility of the Hirer/s. 
b) A policy of No Smoking exists within the premises.
c) The venue is not licensed to sell alcohol, BYO is welcome. All alcohol must be supplied free of charge and consumed within the property.
d) It is the responsibility of the Hirer/s to manage the responsible service of alcohol.
e) For options to sell alcohol in a non licensed venue please refer to below links:
Further information is available on the Queensland Government website.

17 Entire agreement
This agreement constitutes the entire agreement between the parties and may be amended only in writing.

18 Jurisdiction
This agreement will be constituted in accordance with the laws of Queensland, Australia. 

19 Mediation
The parties will submit any dispute, which arises out of this agreement to the rules of the SIGNED FOR AND ON BEHALF Arts Law Mediation Service, a program of the Arts Law Centre of Australia, before having OF THE HIRER: recourse to arbitration or litigation.