The parties agree as follows:
Vulcana Women’s Circus agrees to grant and the Sub-Hirer agrees to take a hire of the Hired Venue for the Hiring Period subject to the terms and conditions in this agreement.
The Sub-Hirer will pay the Deposit to the Hirer within 14 days from the Date of Booking, in the method specified by Vulcana Women’s Circus.
Cancellation of booking by Hirer
If the Sub-Hirer fails to pay the Deposit in accordance with Terms and Conditions contained herein, Vulcana Women’s Circus may terminate this agreement by notice to the Sub-Hirer.
Cancellation of booking by Sub-Hirer
The Sub-Hirer may terminate this agreement by providing written notice to Vulcana Women’s Circus in accordance with the following:
If the date of termination, being the date the written notice, is received by Vulcana Women’s Circus is:
(a) more than six (6) months before the commencement date of the Hiring Period, Vulcana Women’s Circus shall refund the full Deposit to the Sub-hirer;
(b) more than one (1) months but less than six (6) months before the commencement date of the Hiring Period, Vulcana Women’s Circus shall refund 75% of the Deposit to the Sub-hirer and the balance (25%) of the Deposit shall be forfeited to Vulcana Women’s Circus on and from the date of termination;
(c) more than one (1) week but less than one (1) month before the commencement date of the Hiring Period:
(i) the full Deposit shall be forfeited to Vulcana Women’s Circus on and from the date of termination and the Sub-hirer is not entitled to any part of the Deposit;
(f) less than one (1) week before the commencement date of the Hiring Period:
(i) the full Deposit shall be forfeited to Vulcana Women’s Circus on and from the date of termination and the Sub-hirer is not entitled to any part of the Deposit, and
(ii) the Sub-Hirer must immediately pay a cancellation fee equal to the entire Hire Charges for the Hiring Period to Vulcana Women’s Circus.
Vulcana Women’s Circus may recover from the Sub-Hirer as a liquidated debt any part of the Deposit or any cancellation fee (which may be equal to all or part of the Hire Charges) which is not paid when required.
The Sub-Hirer agrees to carry out at its own expense in all things the event set out in the Agreement. In addition to the costs and expenses incurred in the said event the Sub-Hirer shall, at the conclusion of the Hiring, pay to Vulcana Women’s Circus all other additional charges in respect of staffing, cleaning, waste disposal, use of facilities and equipment, ticketing, promotions, advertising, reparation or making good any damage or loss and any other expenses of any kind incurred or sustained by Vulcana Women’s Circus pursuant to or purporting to be pursuant to the Sub-Hiring.
Loss or Damage to Goods
The Sub-Hirer agrees and undertakes to pay to Vulcana Women’s Circus on demand:
- the amount of any loss or liabilities incurred or sustained by Vulcana Women’s Circus as a consequence of or arising out of the Hiring including keys, or sounding of alarms due to inappropriate use;
- the cost of repairing or making good any damage to the Venue, the Hired Venue or the facilities or the loss of or damage to any equipment (including the air-conditioning plant, the electric plant and/or electrical fittings), furnishings or other items arising out of or incidental to the Hiring, whether wilful or otherwise and whether founded in negligence or otherwise, by the Sub-Hirer or its personnel or any other person entering the Venue as a consequence of the Hiring including a patron attending an event.
Should the Sub-Hirer fail to pay to Vulcana Women’s Circus the cost of repairing or making good any damage referred to above, Vulcana Women’s Circus may recover the said costs from the Sub-Hirer as a liquidated debt.
Notification of Loss
The Sub-Hirer shall notify Vulcana Women’s Circus immediately upon becoming aware of any damage or loss to the Venue, its facilities or equipment and of any injury to any person whosoever in the Venue.
Risk, Insurance, Indemnities and Evacuation
Increase of Risk
The Sub-Hirer and its agents will not without the prior approval of Vulcana Women’s Circus do or suffer to be done anything in the Hired Venue whereby any policy of insurance on the Venue or its facilities or equipment may become void or voidable or whereby the rate of premium thereon may be increased. The Sub-Hirer will pay to Vulcana Women’s Circus in advance all amounts payable by way of costs or increased insurance premiums on any policy of insurance so affected.
The Sub-Hirer will insure the their goods and will produce proof of such insurance to Vulcana Women’s Circus upon request.
The Sub-Hirer hereby indemnifies and agrees to keep indemnified the Owner and Vulcana Women’s Circus from and against:
all claims actions demands losses damages costs and expenses for or in respect of which the Owner and Vulcana Women’s Circus or their agents may be liable or become liable in respect of or arising from:
- any accident loss theft damage or injury to any persons or property by reason of any act, default, omission breach of duty or breach of statutory duty on the part of the Sub-Hirer, its agents and invitees or by any person entering the Hired Venue as a consequence of the Hiring including a patron attending an event, whether founded in negligence or otherwise; or
- a Venue staff acting under the direction order or control of the Sub-Hirer or its agents in connection with the Hiring whether founded in negligence or otherwise;
- any other claim action demand loss damage or cost of any kind that is consequent upon the carrying out or not carrying out, as the case may be, of the Agreed Use or Hiring.
The Sub-Hirer agrees when requested by Vulcana Women’s Circus to insert into any program or to otherwise announce any emergency evacuation procedures as may be determined by Vulcana Women’s Circus.
The Sub-Hirer shall comply with all directions given by the Chief Fire Warden in any way relating to the conduct of the Hired Venue and shall comply with all rules, regulations and directions with regard to fire precautions.
At no time shall any fire exits, fire escapes and routes, aisles, seating rows and public access routes be obstructed in any way by any sound or visual recording or any other equipment.
Any use of dry ice or any smoke devices that may trigger smoke alarms cannot be used unless requested first. The venue can be isolated at an additional cost of $50. The Sub-Hirer must agree this in advance and in writing with Vulcana Women’s Circus.
Circus Equipment / Venue Layout
The Venue will be hired as is. Vulcana Women’s Circus will ensure that all equipment including crash mats, tumble runs and circus apparatus will be kept to the outer edges of the space.
If any of equipment is damaged during the course of the hire the Sub-Hirer must pay the cost of the damage plus an additional administration fee of $200
No rigging or use of any other equipment is undertaken without express permission from Vulcana Women’s Circus.
Damage to the aerial equipment must be reported immediately by phone: 07 3358 1888 (a message is to be left if the phone is unanswered).
If the Sub-Hirer wishes to use their own sound, lighting or other electrical equipment such items must be of a standard acceptable to Vulcana Women’s Circus. All electrical equipment brought into the Venue must be tested and tagged according to AS3760.
Failure to Remove Equipment
In the event of the Sub-Hirer failing to remove the Sub-Hirer’s goods, Vulcana Women’s Circus may at the sole risk and expense of the Sub-Hirer remove and dispose of the Sub-Hirer’s goods from the Hired Venue. The Sub-Hirer agrees to pay Vulcana Women’s Circus the costs of removal and disposal of the Sub-Hirer’s goods. The Sub-Hirer acknowledges and agrees that Vulcana Women’s Circus may without prejudice to any other remedy appropriate, sell, and dump or destroy the Sub-Hirer’s goods which have been so removed.
The Sub-Hirer will not commence any event earlier or later than the starting time or times specified in the Agreement unless first approved by Vulcana Women’s Circus.
Vacating the Hired Venue
Immediately upon conclusion of the Hiring Period specified in the Agreement, the Sub-Hirer will remove from the Hired Venue all of the Sub-Hirer’s goods, without disruption to the use of any part of the Venue by other hirers.
Vulcana Women’s Circus and Brisbane Powerhouse reserves the right to exercise control of sound levels which are deemed to adversely affect other activities within the building, or local residents. Sound levels must be kept to a reasonable level at all times.
The Sub-Hirer’s Personnel
The Sub-Hirer shall ensure that its Personnel comply with the provisions of the Hiring at all times and conduct themselves in a manner that is professional and respectful to others.
Plant and Electrical Installations
The Sub-Hirer shall not itself carry out or perform any work whatsoever affecting or otherwise interfering with the air-conditioning plant, the electric plant and/or electrical fittings contained in the Venue.
Vulcana Women’s Circus shall not at any time be in any way or on any ground whatsoever liable for the failure or non-working of the air-conditioning plant, the electric plant and/or electrical fittings contained in the Venue or for the non-supply of electric power or light to the Venue.
Protection of Floors
The Sub-Hirer shall carry out such directions as may be issued by Vulcana Women’s Circus for the protection of stages and floors, and to cover stages and floors with suitable material if so required by Vulcana Women’s Circus.
The Sub-Hirer shall not bring into the Venue any scenery, curtains or properties to be used in connection with any event unless the same have been fireproofed in accordance with the prevailing fire code in the State of Queensland and are maintained by the Hirer in a fireproofed condition to the satisfaction of Vulcana Women’s Circus whilst the same are in the Venue. Written proof of fireproofing is to be given to the General Manager before such items are bumped-in.
Display of Posters and Advertising
No posters or advertising materials will be displayed in the Venue or surrounds thereof unless previously approved by Vulcana Women’s Circus.
Cleaning, Waste Disposal
The Sub-Hirer is liable and undertakes to reimburse Vulcana Women’s Circus for any cost or expense additional to that normally incurred by Vulcana Women’s Circus for the purpose of maintaining the Hired Venue in a clean and sanitary condition. The incurring of such additional cost or expense is at the sole discretion of Vulcana Women’s Circus.
Liquor and Catering
The Sub-Hirer will not bring into, receive, supply or provide in the Venue liquor or refreshments and will deal only with the supplier as nominated by Vulcana Women’s Circus. Requirements of the Liquor Act, including the responsible service of alcohol, will be strictly enforced by Vulcana Women’s Circus. The Sub-Hirer shall bear the cost of any expenses incurred by Vulcana Women’s Circus in relation to a breach by the Hirer or its Agents of the Venue’s liquor license or House Policy. As per the House Policy requirements, the duration of beverage service during the hiring period will not exceed five (5) hours.
Vulcana Women’s Circus reserves the right to carry out and perform either through itself or its agents all catering in and for any part of the Venue. Brisbane Powerhouse has three contracted Caterers:
- Wine & Dine ‘m Catering
- Zen Catering
- Brett’s Wharf
These companies have catering rights to all functions and events within the venue.
Termination and Liability
If at any time in the opinion of Vulcana Women’s Circus there is likelihood that damage may be caused to the Hired Venue by the Sub-Hirer or its personnel then Vulcana Women’s Circus may terminate the Hiring by giving the Sub-Hirer not more than two clear days notice in writing thereof without prejudice to any right or remedy which may have accrued to Vulcana Women’s Circus under the Hiring.
Where the Sub-Hirer has caused damage or loss to the Hired Venue which has in the opinion and at the sole discretion of Vulcana Women’s Circus rendered the Hired Venue or any part of it unfit for carrying out the Agreed Use or any other concurrent or subsequent use of the Hired Venue, Vulcana Women’s Circus may forthwith terminate the Hiring, in whole or in part and the Sub-Hirer will pay to Vulcana Women’s Circus all costs losses damages and expenses of any kind arising out of the termination of all or part of the Hiring.
Vulcana Women’s Circus may cancel the Hiring and will repay to the Sub-Hirer all sums paid by the Sub-Hirer under the Hiring in respect of that part of the Agreed Use so affected if at any time in the opinion of Vulcana Women’s Circus:
- there exists an emergency in the Venue due to an actual or imminent occurrence that causes or threatens to cause loss of life or injury or distress to persons or danger to the safety of the public or destruction of or damage to property; or
- the Venue is required requisitioned or resumed for the use of a Government or public authority for any public purpose by reason of emergency.
Strikes, Power Failures
Vulcana Women’s Circus is not liable to the Sub-Hirer or its agents for any loss of income or benefit or any liabilities which may be incurred pursuant to the Hiring or for any damage or loss or injury caused to the Sub-Hirer or its agents or to the Sub-Hirer’s goods resulting from:
- a strike by any employees or contractors engaged or employed by either Vulcana Women’s Circus or the Sub-Hirer or any other persons or group of persons; or
- any interruption or cessation in the supply of chilled water, electricity or any other type of power or energy to the Venue or failure of any equipment owned operated or hired by Vulcana Women’s Circus.
Law to Apply
The Hiring will be interpreted and construed and the rights of the parties will be determined in accordance with the laws of the State of Queensland.
Compliance with Laws
The Sub-Hirer will in all respects observe and comply with all relevant legislation and subordinate legislation in force from time to time.
Jeopardising of Licenses
The Sub-Hirer shall not do or suffer to be done anything whereby any license or permit issued or in force in respect of the lawful administration or management of the Venue may be or become liable to be forfeited or suspended or the renewal thereof refused.
Compliance with Owner’s Directions
The Sub-Hirer will forthwith comply with any requirements or direction made or given by the Owner. The Owner will be at liberty to suspend or control to any extent and in any way it may deem necessary any performance or usage which in its judgment is not in accordance with the Hiring but without rendering the Owner or Vulcana Women’s Circus or any other authorised person liable in damages in respect of such suspension or control.
Inclusiveness of other Terms and Conditions
All Terms and Conditions whether included within this agreement or are included as attachments i.e.; event order / quote, house policy, functions information kits are applicable and are agreed to by the ratification of this agreement when signed by the Sub-Hirer below.
The Sub-Hirer may not assign any of its rights under this agreement, without the prior written consent of Vulcana Women’s Circus.