Darwin Convention Centre

Terms & Conditions

As at 1 December 2007. This document is for information purposes only. Detailed Hiring Terms & Conditions are available on request.

Confirmed Reservation

Under the Hiring Agreement the Licensor and the Hirer shall cause to be specified in writing all of their rights and obligations in respect of the hire of the venue including:

Hiring Agreement

In accordance with a confirmed reservation the Licensor grants to the Hirer a licence to use the venue for the event for the duration of the space held. Reservations are only considered confirmed upon receipt of a signed hiring agreement and deposits required.

A means of identifying the venue;
The duration of hire;
The estimated Room Hire Charges, Ancillary Charges and Food and Beverage Charges (if any) and a means of ascertaining the actual Room Hire Charges and Ancillary Charges;
Any special services to be provided by the Licensor, the estimated costs of such services and a means of calculating the actual costs of such services;
Any special conditions.

Catering

The Licensor has the sole right to sell or distribute in the Venue all food and beverages (whether alcoholic or not) or other goods or services. No food or beverage of any kind is permitted to be brought in to the Convention Centre for consumption or sale by the Hirer, any of its sponsors, guests and/or agent.

All menu prices and charges are based on current costs at the period indicated and are subject to increase at the discretion of the Licensor at any time prior to the Event.

A 20% surcharge is applicable on the total amount of the food and beverage charges on public holidays and weekends. Functions for less than 50 people may incur a surcharge to offset labour costs.

Postponement/Cancellation

If at least twelve (12) months before the commencement of the Event the Hirer gives the Licensor notice in writing that it wishes to postpone the Event for any period not greater than two (2) years from the cancellation date, the Licensor will not forfeit the deposit (or any other monies received by it in respect to the hire of the venue) but will continue to hold the same in respect of any subsequently agreed duration of hire.

If the Hirer postpones an Event within twelve (12) months of its proposed commencement, the Event will be treated as having been cancelled.

In the event of cancellation, all monies received from the Hirer by the Licensor will be forfeited as a fee for costs incurred by the Convention Centre.

Room Hire & Ancillary Charges

In consideration of the Licensor making available to the Hirer the venue (and other facilities and services, if any) the Hirer shall pay to the Licensor the Room Hire Charges set out in the Hiring Agreement in the manner referred to in the Hiring Agreement.

Unless the venue is taken on hire in Exhibition mode, the Room Hire Charges set out in the Hiring Agreement shall include the costs of ventilation, air conditioning and all other general lighting.

All other Room Hire charges are as set out in the Hiring Agreement.

In addition to the Room Hire Charges, the Hirer shall pay the Licensor the Ancillary Charges (if any) set out in the Hiring Agreement in the manner referred to in the Hiring Agreement.

Payment & Deposit Policy - Conventions

Upon confirmation of reservation:
A security deposit of $5,000 or 2.5% of total licence charges (which ever is greater)
Twelve months prior to the commencement of the Event
$7,500 or 10% of total licence charges (which ever is greater)
Three months prior to the commencement of the Event
25% of total licence charges
Seven Business Days prior to the commencement of the Event
Balance of ALL outstanding charges

Separate payment and security deposit procedures apply to concerts and ticketed events.

Liability/Insurance – Hirer’s Risk

The Hirer uses and occupies the Venue at the risk of the Hirer.

Liability/Insurance – Release

The Hirer releases the Licensor and the Owner and their respective employees, officers and agents from any liability for any loss, claim or damage suffered by the Hirer arising from the Hirer’s use of the venue, or goods or services provided by the Licensor to the greatest extent committed by law. To the extent that liability cannot be fully excluded, liability will be limited to the value of the goods or services provided, or the re-supply of them.

Liability/Insurance – Indemnity

The Hirer will indemnify the Licensor and Owner and their respective employees, officers and agents against all loss, damage or liability (including economic loss) arising from any and each negligent act or omission of the Hirer in connection with the use of the venue or the conduct of the Event.

Insurance

The Hirer shall have or take out and maintain a public liability insurance policy in the name of the Hirer noting the interests of the Licensor and the Owner covering the duration of hire and also any setup and dismantle periods.

The policy must have a minimum coverage of AUD20 million per claim against personal injury or damage to property occurring in connection with the Event on such terms and conditions and for such risks as are normally included in such a policy. The Hirer must provide to the Licensor a Certificate of Currency which notes the interest of the Licensor and the Owner.

The Hirer must not knowingly do anything that limits or removes any rights to the Licensor, the Owner or the Hirer may have under any contract of insurance in relation to the Convention Centre or the Event.

Hirer’s Obligations – Details of Proposed Operations of Events

In the interests of the smooth preparation for and the running of the event, the Hirer shall supply to the Licensor for its approval full written details as to the proposed arrangements for conducting the event by no later than the date stipulated in the Hiring Agreement.

Hirer’s Obligations – Audio Visual & Technical Equipment

The Hirer must obtain prior written approval from the Licensor for all equipment, fittings or materials which it intends to bring into the Convention Centre.

The Hirer shall not bring or allow any equipment, fittings or materials to be brought into the Convention Centre unless they are:

Safe to use;
Free from any defects;
In good working condition; and
In the opinion of the Licensor of first rate quality or standard and in keeping with the Convention Centre’s equipment and fit-out.

The Licensor reserves the right to inspect the equipment, fittings or materials brought into the Convention Centre by any person. If any such equipment, fittings or materials do not, in the opinion of the Licensor, comply with the requirements of these Terms or any other requirement contained in the Hiring Agreement, they must be removed from the Convention Centre immediately and replaced at the expense of the Hirer.

All electrical equipment must comply with Australian Electrical Standards and will be subject to inspection by the Licensor’s technical staff. Any electrical wiring, leads and plugs used in relation to an exhibition or display must comply with the relevant Australian Standards placed by Workplace Health & Safety. A final floor plan indicating positioning of all electrical breakdown boards is to be forwarded to the Licensor of the Convention Centre for approval no later than seven Business Days prior to the bump in of the Event.

Technical equipment in the Convention Centre may only be operated by the Licensor or Licensor’s personnel or by other persons authorised by the Licensor. Except in cases of willful misconduct or gross negligence on the part of the Licensor, the Licensor shall not be liable for technical defects or other problems with that equipment.

Hirer’s Obligations – Fire Regulations

Where, because of the nature of any event, it is necessary for material of a highly flammable nature (e.g. petroleum products, gas, cooking oil etc), to be used in the Convention Centre, permission to use such material must be sought by written application to the Licensor of the Convention Centre not less than thirty days prior to the first day of occupation of the venue by the Hirer. If permission is granted by the Licensor, the Hirer is to pay or be charged any associated costs with additional fireman or dedicated fire appliance to be present at all times when the building is occupied by any of the Hirer’s invitees.

The Hirer and the Hirer’s invitees and any other person acting on the Hirer’s behalf or in the Hirer’s employ must not do, or cause to be done, anything that is contrary to the Northern Territory Fire Services Act, or any other laws and regulations with respect to fire safety.

Hirer’s Obligations – Photography, Film & Sound Recording

The Hirer shall advise the Licensor, for the Licensor’s approval, one month prior to the Event, of any commercial photography, video, film and sound recordings of all kinds to be conducted within the Convention Centre. The Convention Centre’s Licensor may withhold or grant its approval on such terms as it sees fit and the terms of any such approval shall form part of the Hiring Agreement.

Hirer’s Obligations – Maximum Sound

The Hirer must, at its cost, comply with all applicable laws, regulations, by-laws or permits and the Licensor’s or Owner’s policies and directions relating to sound level limits and noise.

Hirer’s Obligations – Force Majeure

In the event of any loss or damage being sustained, suffered or incurred by the Hirer or any other person due to any breakdown of machinery, failure of supply of electricity, failure to supply or leakage of water, fire, cyclone, tempest, government restriction, industrial action or any act outside the control of the Licensor or to the temporary closing of the Convention Centre or the interruption of hire by circumstances beyond the control of the Licensor or to any other cause whatsoever, the Hirer shall accept full responsibility and shall indemnify the Licensor and Owner against all costs, claims, damages and expenses.

General Provisions – Security

Arrangements for additional security requirements over and above the existing service provided in the Convention Centre can be made upon request to the Licensor. The cost of additional security requirements will be borne by the Hirer. Price on application.

General Provisions – Cleaning

Unless stated in the Hiring Agreement, general cleaning is included in the costs of the hire of the venue. Additional cleaning charges will be incurred by the Hirer in instances where an Event has created cleaning requirements which are considered by the Licensor to be over and above the cleaning requirements which are normal or usual for similar events.

General Provisions – Smoking

Smoking is not permitted in the Venue.