Terms and Conditions

Conditions of Use for Council Recreation Facilities Policy

Endorsed for Public advertising by Council: 20th December 2007
Adopted by Council: 27th March 2008

Amendment(s):
File Ref:

PURPOSE:

To facilitate administrative consistency in the manner and conditions upon which Council owned recreational facilities are available for hire.

POLICY STATEMENT

CIRCULAR HEAD COUNCIL WILL APPLY CONSISTENT TERMS AND CONDITIONS THAT ARE TO BE AGREED AND ADHERED TO, DURING THE PERIOD OF USE/HIRE FOR COUNCIL RECREATION FACILITIES.

RATIONALE/BACKGROUND

The Circular Head Recreation Plan, adopted by the Council in November of 2006, stresses the need for the adoption of measures by Council to improve the collection, storage and sharing of recreation information with the community.

The following process(es) and Conditions of Use are required as a minimum to be observed for the use of Council Recreation facilities.

1. Application:
The right to use the grounds or facilities is subject to the Area Management Committee or Council Officer receiving an application in the required form signed by the proposed hirer undertaking to comply with these conditions. The Area Management Committee or Council at all times retains the right to refuse any application.

2. Sub-letting:
The Area Management Committee is sole hirer of the grounds or facilities: hence any hirer who sublets or allows the use of the grounds or facilities without prior approval of the Area Management Committee or Council will be considered to be in breach of their own hiring agreement.

3. Maintenance/Alterations:
All maintenance, alterations and capital works on the grounds or facilities may only be undertaken on the approval of Council, via consultation between the Area Management Committee and Council, unless such maintenance is on equipment owned by the hirer. No service contract covering either the grounds or facilities or any portion of either is to be granted by the hirer.

4. Cleanliness:
The hirer is responsible to leave the premises in a clean and tidy manner at the completion of each use of the facility/ground and shall immediately remove all rubbish, refuse and waste matter. Any cost incurred by the Area Management Committee or Council, in cleaning the premises resulting from the condition in which the hirer left the premises shall be recoverable from the hirer.

5. Risk Management
Risk Management is a process of actively identifying and managing potential risk. Some examples of the consequences of failing to manage your risk include personal injury, property damage and financial loss.

Prior to the commencement of competitive sporting fixtures, the hirer/user shall fulfill a pre game environment inspection, to identify and manage potential safety concerns to the user of Council facilities. The completed form shall be forwarded onto the Area Management Committee within 2 working days from the fixture being completed. These forms can be obtained from the Area Management Committee or Council’s Recreation Officer.

6. Damage:
The hirer shall accept full financial responsibility for damage to Council property except for normal wear and tear, and replace any damaged property at the Area Management Committee’s or Council’s direction. Damage caused during the period of hire that is not repaired, will be undertaken and the hirer billed accordingly.

7. Smoking:
Smoking is strictly prohibited in all Council owned facilities. Smokers must remain at least three (3) metres from access, air intake points or windows to all Council owned facilities.

8. Signage:
No notice, sign, advertisement, scenery, fittings or decorations of any kind shall be erected on the building or attached or affixed to walls, doors or any other portion of the building, fittings or furniture, without prior consent of the Area Management Committee or Council.

9. Premises Secured:
The hirer will ensure that the premises are locked and lighting turned off after use. Furthermore, any equipment or property left on the premises is secure at all times and in such locations as approved by the Area Management Committee or Council.

10. Insurance:
Seasonal Hire
Responsibility for the insuring the building is undertaken by the Circular Head Council. The hirer shall at all times during the allocated period of use insure and keep insured with an insurance company approved by the Council against public risk for an amount of $10 million and pay all necessary premiums for those purposes and at the time of making application deliver with the application a copy of the certificate of currency.

It is also the responsibility of the hirer to ensure that all equipment or property under the control of the hirer stored on the premises is fully insured against loss or theft as Council will not accept responsibility.

The hirer shall not do or neglect to do or permit to be done or left undone anything which with affect the Council’s insurance policies relating to fire or public risk in connection with the facility and the user hereby agrees to indemnify the Council to the extent that such policies are affected through any such act or omission.

Casual Hire
Casual hirers of Council owned facilities shall consult with the Council’s Recreation Officer, to determine the extent of insurance coverage that may be required prior to use.

11. Injury:
The Area Management Committee or Council accepts no liability for any accident, injury or loss arising from any incident, accident or theft occasioned during the hire period. Should any incident, accident or theft occur, the Area Management Committee or Council shall receive a written report from the hirer within three (3) working days of the event taking place.

12. ActsandRegulations:
The hirer shall conform to the requirements of the Public Health Act 1997, Local Government Act 1993, any local law or regulations made there-under, and shall be liable for any breach of such Acts, laws or regulations. All other statutory rules, provisions and regulations of the Commonwealth of Australia or State of Tasmania for the time being in force must be complied with by the user and the notices given to the Area Management Committee or to Council.

13. Accidental Breakage:
In the event of an accident or breakage of windows or doors that would affect the security of the facility, the hirer is to notify the Area Management Committee or Council immediately. The hirer is also required to provide a written report to the Area Management Committee with in three (3) working days of accidental breakage occurring.

14. Alcohol:
Alcohol shall not enter a sporting facility or recreational area thereon and be consumed unless written consent is first obtained from Council.

Where a liquor license exists at a Council owned facility, alcohol purchased from the facility shall be consumed in the appropriate designated area, internal and or external to the premises.

Where alcohol is consumed at a function or event held at a Council facility, where a liquor license does not exist, the Area Management Committee and or the Council’s Recreation Officer shall be consulted to determine if licensing requirements are necessary.

15. Failure to Comply:
Should the hirer fail to comply with these conditions, the Area Management Committee or Council may, at it’s discretion, impose an additional charge, refuse to hire the facility to the hirer in the future, or cancel any agreement made for the use of the grounds or facilities and may cause the hirer to vacate the premises immediately.