Terms and Conditions of Hire
Version 2.0 | 1 December 2019
The following Terms and Conditions of Hire relate to the use of Stillwater Hall (“the Hall”) at 1A Duck Creek Road, Stillwater and are to be read and applied in conjunction with Auckland Council’s Terms and Conditions of Hire. Where conflicting information exists, the terms and conditions in this document will take precedence. Furthermore, if allowances have been made in writing by an official representative of the Stillwater Community Association Incorporated (“the Association”) that differ to these Terms and Conditions of Hire, said written allowances will take precedence.
By making a payment to the Association for the hire of the Hall, you will be deemed to have accepted the Terms and Conditions of Hire. Your booking is not confirmed until you have accepted the Terms and Conditions of Hire.
By accepting this agreement, I warrant and confirm that I have read and understood the Terms and Conditions of Hire, I am at least 18 years old and have the authority to accept this agreement, and I understand and accept that the information provided for my booking may be shared with the NZ Police and/or debt collection agencies.
1. General conditions of use
1.1 The Hirer is required to be present for the duration of the Hire Period.
1.2 The Hirer will have the use of the Hall for the Hire Period stated on the invoice and shall ensure all persons have vacated the Hall by the end of the Hire Period.
1.3 No animals are permitted in the Hall, other than guide dogs for the visually impaired, registered companion animals or official animals of the NZ Police.
1. 4 Notwithstanding any other provision contained in this Agreement, an Association representative may refuse admission to any person or require any person attending the Event to leave the Hall.
2. Bookings
2.1 Bookings are charged in hourly increments.
2.2 Bookings made on Friday, Saturday, Sunday, or a Public Holiday are charged at a higher rate.
2.3 The Hirer may only use the shared areas and the room(s) that have been booked and confirmed.
2.4 Setup and pack down time is to be included in the Hire Period.
2.5 The Hirer must adhere strictly to the confirmed Hire Period. Failure to do so will incur additional charges (refer clause 4.1 h) and possible cancellation of any future booking(s).
2.6 The Association reserves the right to have a representative of the Association present at the Hall at any time during the Hire Period.
2.7 Any amendment to a booking required within seven (7) days of the booking date must be submitted by email to bookings@stillwaterhall.co.nz. It may not be possible for the Association to accommodate all requested amendments.
2.8 All terms and conditions for the provision of Regular Hire or Casual Hire as outlined in Auckland Councils Terms and Conditions of Hire, will not apply to the hire of the Hall. Discounts and priority rates will be provided by the Association to its members and regular hirers, at the discretion of the Association.
3. Payment
3.1 Unless otherwise agreed in writing, a deposit of 50% of total booking charge is required at the time of booking, payable by credit or visa debit card to confirm booking.
3.2 The remainder of the hire fee, including a refundable security bond, is payable in full no later than fourteen (14) days after the invoice date. Bookings may be cancelled in the event of non-payment.
3.3 The charging of a security bond is at the sole discretion of the Association and is generally charged at a rate between $100-300. Security bonds are refundable to the Hirer at the end of the Hire Period and once the Hall has been checked by the Association for damage or loss of equipment.
3.4 GST is not charged on any goods or services supplied under this agreement. The Association is not GST registered.
3.5 The Hirer shall be liable for the payment of all amounts owing pursuant to this Agreement, whether or not the services of The Association are supplied to the Hirer, or to some other person, firm or corporate body at the Hirer’s request, and notwithstanding that the Hirer may have incurred all or any part of that indebtedness as agent for any other person, firm or corporate body.
3.6 If payment is not received no later than fourteen (14) days after the invoice date, the outstanding amount will be a debt due to the Association and may be referred to a debt collection agency or other duly authorised agent for collection.
4. Additional Charges
4.1 The Association reserves the right to invoice the Hirer for any additional charges resulting from Hirers use. In addition to the Hall Hire Price quoted at the time of booking, the Hirer may be charged for:
a. Any damage to the Hall caused during the Hire Period or through any breach of the Terms and Conditions in this Agreement;
b. Any theft of Association property from the Hall during the Hire Period;
c. Any extra cleaning, rubbish removal, repair or reinstatement of the Hall which the Association considers is required after the Event;
d. Any costs, losses or expenses that the Association incurs due to any breach of the terms and conditions outlined in this Agreement;
e. Any unreturned key(s);
f. Any emergency services call out or if a fire alarm is set off other than for an emergency, the Association reserves the right to impose an additional fee of up to $1,500 and hold the Hirer liable for that amount;
g. Auckland Council noise control units sent to the Hall during the event;
h. Any unauthorised overstay will be charged at double the hourly rate.
4.2 The Association reserves the right to apply an additional charge for security, cleaning and/or a technician for an Event.
4.3 The Hirer will upon demand pay all of the Association’s reasonable expenses, including but not limited to debt collection fees and legal costs (on a solicitor/agent/client basis) in relation to the collection of all overdue moneys.
5. Cancellation of hire
5.1 In the event that the Hirer terminates the Agreement (including by notifying the Association that it wishes to cancel any booking), the Association will refund the Hall Hire Price when a cancellation notice is received:
a. more than 30 days prior to the date of Event: Full refund less an administration fee of $50 for weddings or $15 for all other bookings;
b. within 30 days prior to the Event: 50% of booking fee;
c. within 14 days prior to the Event: 25% of booking fee;
d. within 7 days prior to the Event: no refund.
5.2 The Association shall be entitled to suspend or cancel all or any part of this Agreement, in addition to its other rights and remedies, in any of the following circumstances:
a. If the Hirer fails to meet any obligation under the Agreement with the Association;
b. If any information given when booking the Hall is found to be untrue.
5.3 Upon cancellation of this Agreement under clause 5.2 above the Hall Hire Price will not be refunded and all indebtedness of the Hirer to the Association hereunder shall become immediately due and payable.
6. Cleaning, rubbish and lock-up
6.1 The Hirer IS RESPONSIBLE for:
a. clean all tables, chairs, cups, dishes and utensils used;
b. return all tables, chairs, cups, dishes and utensils to designated storage areas;
c. remove all decorations;
d. pack, bag and remove all visible rubbish off-site;
e. spot clean spills throughout the Hall;
f. supply own rubbish bags.
6.2 Unless otherwise agreed to in writing with the Association, general cleaning of the Hall is included in the booking fee. The Hirer is NOT RESPONSIBLE for:
a. wiping down benches, stoves, and sinks;
b. vacuuming, sweeping and mopping the floors;
c. cleaning of the toilets.
6.3 Cleaning products are supplied and are located under the kitchen bench.
6.4 The Hirer must lock-up the Hall after the Hire Period, in particular:
a. Switch off all electrical appliances, lights, heaters and stoves;
b. Ensure that all windows and doors are secure;
c. Ensure that there are no unauthorised persons in the Hall;
d. Ensure that the alarm is activated upon exit.
6.5 The Hirer must return the key(s) provided to the Hall Lock box and ensure the Lock box is securely closed. No key(s) are to be held by the Hirer after the Hire Period has ended without the prior consent of the Association. All charges incurred by the Association for the changing of locks due to a lost key(s) will be invoiced to the Hirer, as provided for under clause 4.1 e.
6.6 Unless otherwise agreed in writing, the Hall must be vacated by 1am at the latest as our monitoring company are instructed to visit the hall if the Alarm has not been set by this time. Call out charges will be invoiced to the Hirer, as provided for under clause 4.1 d.
7. Alcohol
7.1 It is the Hirer’s responsibility to check current guidelines and information about liquor licensing, please visit Auckland Council website: aucklandcouncil.govt.nz. The Hirer will comply with all alcohol requirements, restrictions or guidelines.
7.2 The sale of liquor requires a special license from Auckland Council’s licensing department. It is the Hirer’s responsibility to obtain this license at least 30 working days prior to any applicable hire.
7.3 The supply of liquor, including Bring Your Own (BYO), at an event open to the public requires a special license from Auckland Council’s licensing department. It is the Hirer’s responsibility to obtain this license at least 30 working days prior to any applicable hire.
7.4 The Hirer will be held responsible for managing the conduct of the consumption of alcohol, providing non-alcoholic beverages and food/snacks, and the safe transport of Event guests to their next destination.
8. Liability
8.1 The Hirer will indemnify the Association, its representatives or agents against all claims, demands, losses, damages, costs and expenses arising from the Hirer’s use of the Hall or any breach of this Agreement.
8.2 The Association is not responsible for the loss of or damage to any of the Hirer’s property in or around the Hall. Any equipment/property left in the Hall is at the Hirer’s own risk. No insurance cover is provided for the loss or damage to property of the Hirer or any visitor to the Hall.
8.3 The Association is not liable for any loss or expense that the Hirer incurs if the Association is not able to make the Hall available to the Hirer as a result of fire, flood, earthquake, failure or other unavailability of any building services or other event beyond the Association’s reasonable control.
8.4 Neither Auckland Council nor the Association shall be held responsible for any loss, theft or damage of any property for any reason, regardless of the cause – including any fault pertaining to any fitting, appliance or piece of apparatus in the hall building or grounds.
9. Entry to the Hall
9.1 A key to the Hall will be stored in a Lock Box next to the side entrance of the Hall. Unique codes for the Lock Box, Alarm, and other instructions will be sent to the Hirer by email seven (7) days before the event start date.
9.2 Sharing of Alarm Codes is strictly prohibited. Any loss or damage of Hall property due to the sharing of Alarm Codes or neglect will be invoiced to the Hirer and may result in a ban from furture hire of the Hall.
10. Noise, neighbours and music
10.1 Noise levels must be kept to an acceptable level at all times. Failure to reduce noise levels at the request of an Association or Auckland Council official or the Police will result in the Event being stopped.
10.2 All noise must cease no later than midnight.
11. Parking
11.1 On and off-street parking is available at the Hall but is not guaranteed as part of your booking. The Hirer shall ensure that no vehicle obstructs access in any way.
11.2 Parking on any grassed areas of Stillwater Reserve is not permitted.
12. Furniture and equipment
12.1 Hirers are responsible for setting up, cleaning and packing away any furniture and equipment used during their Hire Period. All furniture must be returned to designated storage area, ensuring that all fire exits are left clear at all times.
12.2 The Hirer must not remove or permit the removal of any furniture, equipment or other contents from the Hall without the permission of the Association.
12.3 Furniture and equipment must be carried, not dragged on the floor.
13. Miscellaneous matters
13.1 The Hirer must take proper care of the Hall and ensure that no damage occurs.
13.2 The Hirer must not use nails, tacks, screws, pins or any other instrument that will cause damage to the wall surfaces, furnishings, floors and ceiling surfaces.
13.3 Where a bouncy castle is used inside the Hall, it must not touch the ceiling or walls and must be powered only by an electric air compressor.
13.4 The Hall is a smoke free facility and the Hirer will ensure that this policy is complied with; naked flames, dry ice, and fog/glitter/smoke machines may not be used in the Hall.
13.5 It is the responsibility of the hirer to make sure all interested parties (decorators, caterers etc) are made aware of the terms and conditions.
13.6 Any damage to the Hall, or the Hall’s furniture and equipment must be reported immediately to the Association.
Unless the context otherwise requires:
“the Association” means The Stillwater Community Association Incorporated who are the lease holders of the Hall.
“the Hall” means Stillwater Hall located at 1a Duck Creek Road, Stillwater.
“the Hirer” means the person(s) or legal entities named as Hirer on the booking form.
“Hire Fee” means the amount charged for the use of Stillwater Hall or part thereof.
“Hire Period” is the agreed time for which the Hall is hired for and includes set-up time and cleaning time after use.