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) Provide a point of contact staff member during the hire term.
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 conduct of the function 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) Maintain the Venue in 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 5.
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) Not attach in any way to walls, doors, glass, floors, furniture or fittings in or around the Venue any nails, screws, adhesive tape, signs or other item without the prior consent of VA.
f) Not use helium balloons or candles within VA.
j) Ensure that all guests and employees of the Hirer are made aware of the special requirements of the art gallery as venue.
In particular:
i) To safeguard the artworks on display, it is the responsibility of the Hirer to ensure all guests and contractors, including minors, are advised of and adhere to the following points:

• Artworks are not to be touched or moved. If an artwork is damaged in any way, as a result of the Hirer or their guests not taking due care as agreed under this clause, the Hirer will be required to pay the uninsured portion (the excess) relating to each insurance claim made.

• Food and beverages are only to be consumed in the designated Venue space hired for a specific event or function.

• All items arranged in the Venue space, for the purposes of an event or function, must allow sufficient area for persons to move about the space without coming into physical contact with artworks on display.

• Venue staff are required to approach and inform any person in breach of the expected standards of conduct.

(k) Will remove any of the Hirer’s equipment from VA premises by the completion of stated hire period. Any equipment left in the gallery by the hirer at the end of the hire period and after 48hrs will be become the property of VA.
g) In all respects observe and comply with the provisions of the Liquor Licensing Act 1992 and all other relevant State and Federal legislation and Council By-Laws.

Serving Alcohol
The venue is not licensed to sell alcohol and BYO is welcome. All alcohol must be supplied free of charge and consumed within the venue space. It is the responsibility of the Hirer to manage the responsible service of alcohol.

For options to sell alcohol in a non licensed venue please refer to below links:

• Further information is available on the Queensland Government website.

3 Payment
(a) The Hirer will pay VA the hire fee (amount/s listed above)
(b) A deposit of $350 is required to secure the booking and is to be paid at the time the contract is submitted.
(c) The balance of the Hire Fee is to be paid one month prior to the event.

4 Extension of term
(a) It is the hirer’s responsibility to finish the event at the allocated time.
(b) The term of hire may be extended only with the consent of VA.
(c) Should the event not conclude by the allocated time an extension fee of the base hourly rate will be charged per hour past the allocated conclusion time.
(d) All events must conclude by midnight, this includes the pack up of materials and the departure of event staff. The Security Bond will not be returned should this timeframe be lapsed.

5 Cleaning & Security Bond
a) The cleaning of the venue pre hire is the responsibility of VA and the post cleaning of the venue is the responsibility of the Hirer.
b) A security bond is payable with every gallery hire session, 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.

6 Catering
a) VA supports local caterers. Please ask upon application for recommendations . If using own caterer The Hirer will have a separate agreement with the caterer in respect of the provision of the catering service.  
b) Where the Hirer uses a caterer the Hirer shall be liable for the acts and omissions of the caterer.

7 Hirer’s warranty and indemnity
a) The Hirer warrants that it has obtained the permission of all copyright owners to stage the event at the Venue, and that the event does not contain any defamatory material to the Hirer’s knowledge, and the Hirer  indemnifies VA against any and all claims, costs, actions and damages brought or suffered as a result of breach of this warranty.
b) The Hirer indemnifies VA and agrees to keep the Gallery indemnified against all costs, expenses, claims and liabilities arising from loss or damage to property or injury or death of persons from or during the term of hire, to the extent such loss or damage is caused, directly or indirectly, by the Hirer.

8 Cancellation
a) VA must be given 45 days written notice if the Hirer intends to cancel the hiring of the Venue.
b) Cancellation with less notice will incur the loss of the deposit under clause 3(b).

9 Termination
a) VA may terminate this agreement and retain the deposit if the Hirer has not paid any instalment of the hire fee within the due date.
b) 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.

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

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

12 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.