The Gem Community Arts Centre Terms and Conditions of Hire

The Gem Community Arts Centre is owned by Gemco Players Community Theatre Inc. The Gemco Players Committee oversee the running of the whole facility on behalf of its Members and may appoint a sub-committee to organise the hire of The Gem. In the following details the party acting on behalf of the Committee shall be known as 'Committee'.

Bookings

1.1 Application for Hire

If you wish to use the the facility you need to fill in the application form, read these Terms and Conditions and agree to them. These Terms and Conditions form a contract between you and Gemco Players Community Theatre Inc, by which you care for our facility in the way that we propose hereafter.

As an intended hirer, we would prefer to you to be 25 years old or older. If you are a member of a club, we require your president or secretary to be responsible for the booking.

We reserve the right to refuse your application and will provide a reason to the best of our ability.

1.2 Payments and Fees

Hire Fees shall be in accordance with the Schedule prepared by the Committee from time to time and shall be payable in full a minimum fourteen (14) days prior to the date of the function. You will not be given access to the building until the fee has been paid.
The minimum booking time for any facility is two (2) hours and the fee applicable will be based on a two hour booking.
Regular users will be sent an invoice at the end of the month to be paid within 28 days.

Payments can be made as follows:

All cheques to be made out to 'The Gem Community Arts Centre'.
Direct Deposit: BSB 633 000 Acc. 131 475 154. Your reference is the Invoice number on your quote.

1.3 Security and Cleaning Bond

A refundable bond of $200 shall be paid by the hirer at the time of booking as a guarantee of cleaning up after the function and against any damage to the facility. If not left in an acceptable condition, as listed in 4.1 - Access, Bump in and Bump out, this money will be forfeit. If there is no damage to the building or any fittings and furniture therein or abnormal cleaning needed, the deposit will be returned within (1) week of the use of the premises.

1.4 Cancellation of Bookings

Any cancellation of a booking for the hire of the premises shall be made at least fourteen (14) days prior to the date of the hire; otherwise the security and cleaning bond will be retained.

Bookings are subject to cancellation by the Gemco Players Committee in the following circumstances:

Any event may be prohibited which, in the opinion of the Committee, is objectionable or dangerous, infringes any copyright, prohibited by law, or which would be detrimental to The Gem Community Arts Centre. It will be at the Committee’s discretion as to whether monies paid in respect of such a hiring shall be returned to the Hirer and the Hirer agrees to accept same and to be held to have consented to such cancellation and to have no claim at law or in equity for loss or damage in consequence thereof.
The Gem Community Arts Centre shall not be held liable for any interference or disruption to a booking that is caused by some civil disturbance, industrial action or any circumstances that are beyond the control of Committee.
The hiring shall be subject to cancellation by The Gem Community Arts Centre (with or without notice) in the event of any National or other emergencies.

1.5 Transferring Assigning of Hiring

No hiring shall be assigned or transferred to another party.

1.6 Acceptance of Conditions

The payment by any person of any amount of rental for the hire of the Centre shall be deemed an acknowledgment and acceptance by such person of the conditions set out herein.

Liability of Hirer

2.1 Observance of Laws

The Hirer shall comply with all Acts and Statutory Rules, Provisions and Regulations and By-laws of the Commonwealth of Australia, State of Victoria and Cardinia Council and shall be liable for any breach. The Hirer shall apply for grant of license for copyright purposes for Australasian Performing Right Association Limited or similar organisation prior to the booking date, and provide written evidence of such if required by the Committee. Responsibility for adhering to the laws relating to copyright rest with the Hirer.

The Hirer shall at all times indemnify The Gem Community Arts Centre from and against all actions, suits, proceedings, claims, demands, damages and costs whatsoever brought, prosecuted or made (as the case may be) against The Gem Community Arts Centre for or on account of breach of copyright or licence rights arising out of or in any way connected with the performance of any musical, literary or dramatic work during the period of hire.
The Hirer shall comply in every respect with Regulations under the Health Acts with regard to public buildings for the prevention of overcrowding and obstruction of gangways, passages, corridors or any other part of the building. Any person causing an offence against such Regulations shall be removed from the building.

2.2 Insurance

The Hirer must hold a current Public Liability Insurance Policy indemnifying them to a minimum level of $10 Million for all activities associated with the hire.
If no such insurance is held, all persons entering The Gem Community Arts Centre must become financial members of Gemco Players Community Theatre Inc which will cover them with Public Liability Insurance until the end of the financial year. Evidence of insurance coverage must be provided at the time of booking.

2.3 Damage to Persons/Building/Equipment

The hirer shall be liable for costs associated with making good any damage caused to buildings, fittings, furniture and other installations arising out of his/her use of The Gem Community Arts Centre.
No floors, walls, ceilings or any parts of the building may be broken or pierced by nails, screws or other means. Nothing may be taped, glued or affixed to walls, ceiling, floors or any parts of the building with the exception of blue tack, which must be removed after use.
Hirers shall carry out such directions as may be issued by the Committee for the protection of floors from stain or other damage. When a room is to be used for the purpose of flower shows, bazaars, or other exhibitions, the floor shall be protected by rugs or other suitable material, as approved by the Committee.
Hirers are not permitted to allow a car fridge or container of any description that leaks to be brought into the The Gem Community Arts Centre. Polythene or plastic bags containing ice or any liquid may not be brought into any part of the The Gem Community Arts Centre unless enclosed in a leak-proof container.
No scenery, fittings, decorations, posters, advertisements, flags, logos, shields or emblems shall be erected, fixed, hung or displayed in or around the building without the prior consent of the Committee.
Any damage to the The Gem Community Arts Centre caused by negligence whatsoever including incorrect fastening of decorations will be the responsibility of the Hirer for which a charge will be payable.
Gemco Players Community Theatre Inc. shall not be liable for any loss or damage sustained by the Hirer. The Hirer hereby indemnifies the The Gem Community Arts Centre and Gemco Players Community Theatre Inc. against any claim by any such person.

2.4 Minors

A Hirer utilising the services of persons under 18 years of age to operate equipment shall have the written consent of the persons parent/ guardian to do so.
All persons hiring any halls in the Cardinia Shire must be 18 years or over.

2.5 Conflict over Hire

In the event of any dispute or difference arising as to the interpretation of the conditions contained in this agreement, the decision of Gemco Players Committee shall be final and conclusive.

Adherence to Laws

3.1 Consumption of Liquor

No alcoholic beverage of any kind shall, directly or indirectly, be sold in The Gem Community Arts Centre without the appropriate license, a copy of which must be lodged with the Committee seven (7) days prior to the date
of hire, and displayed on the wall where the beverages are being sold. Application should be made to Liquor Licensing Victoria on (03) 9655 6696.

3.2 Functions Involving Alcohol

Alcohol shall not be brought into the premises without the written consent of the Committee.
Where permission is granted for alcohol to be consumed, an additional refundable ‘Contingency Bond’ of $250.00 will be required to offset any damage or additional cleaning if required. The entire Bond will be forfeited if the function continues beyond 12 midnight Sunday to Thursday and 1am on Friday to Saturday.

3.3 No Smoking

In accordance with the Smoke-Free Environment Act 2000, smoking is not permitted within any part of the The Gem Community Arts Centre. It is the hirers responsibility to enforce this condition. Smoking is permitted on the verandah.

3.4 Gambling

No game of chance whereby money is passed either directly or indirectly as a prize shall take place in any portion of the building without the appropriate permit, a copy of which must be provided to the Committee if requested.

3.5 Noise Levels

The Hirer shall not permit the level of noise from any activity to exceed the level recommended by the National Health and Medical Research Council of Australia and the Hirer must respect the reasonable needs of other Hirers in the The Gem Community Arts Centre at the same time.
The Committee reserves the right to require the noise levels be lowered. The hire may be terminated immediately by the Committee should instructions not be complied with.

3.6 Fire and Health Regulations

Aisles, stairways, passageways and exit doors are to remain free from obstruction at all times. Fire extinguishers are not to be relocated covered or tampered with.
Electrical Appliances:
All electrical appliances used in The Gem Community Arts Centre must be tagged in accordance with AS/NZS3760. All hirers are responsible for damage caused by any untagged electrical leads or appliances brought to the venue.

3.7 Child Protection

The Hirer shall meet the legislative provision of the State Governments Child Protection (Prohibited Employment) Act 1998. The hirer is responsible to have a background check carried out on any volunteers or employees, who whilst in the Hirer’s employ, have direct and unsupervised contact with children and young people.

General Conditions for all Hiring

4.1 Access, Bump in and Bump out

Access to the premises for any person or item associated with the hiring (company members, guests, sub contractors, entertainers, catering staff, decorations, scenery, properties and accessories) will only be permitted during the times and days agreed with the Committee.

Setting up - Please allow sufficient time for setting up before an event. Extension of hiring time at short notice is at the discretion of Committee.
Cleaning up - All personnel and items associated with the hiring must be cleared from the premises by the agreed time. Please allow sufficient time for the following:

All glasses, mugs, crockery and cutlery must be washed in hot, soapy water, sanitised and returned to their storage places ready for further use. Especially the dressing rooms and backstage.
All rubbish needs to be put into black bags and the black bags tied at the top and put in the Rubbish bins outside at the back of the building at the end of the night.
All recyclable material needs to be put into the green or recycle bins provided and then put in the Recycle bin (yellow top) outside at the back of the building at the end of the night.
If using the bar, the floor needs to be mopped.
If using the hall and there is a spill the floor needs to be mopped.
All surfaces (bar, tables, dressing room tables) must be wiped down.
All carpets need to be vacuumed. There is a low power stick vacuum in the reception area for small crumbs and larger vacuums in the 'Green Room' for larger areas.

The Gem has cleaning products available to help you with clean up, located in the 'Green Room'. Please consider bringing in extra people to help you with your clean up.

The Committee shall be entitled to access to every part of the building at all times.

4.2 Inability to Hire

The hirer is deemed to have use of the hired spaces only during those periods when a fee has been charged. If the hirer restricts Committee’s ability to hire out any space outside the agreed hire periods, the Committee reserves the right to charge a holding fee of $55 for each hour that The Gem Community Arts Centre is so restricted. Restricted ability to hire includes but is not limited to those periods where hirer is unable to remove the hirer’s stage equipment, props or any other property.

4.3 Behaviour

It is the responsibility of the Hirer to ensure that the behaviour of all persons attending the hiring, and when arriving at and departing from the venue, does not cause disturbance or distress to others. In conjunction with the Committee, the Hirer may require a guest or trespasser to leave the The Gem Community Arts Centre. Should the Committee need to obtain Police assistance in this regard, the Hirer thereof shall meet any costs. Children attending functions must be well supervised by parents to avoid damage or injury and to ensure the amenity of others.

4.4 Use of the Foyer

The entry foyer is a general access area for all rooms. The foyer is not included in the hire rates unless you require it for a specific function (for example: gallery, cocktail party).

4.5 Use of Piano

Only The Gem Community Arts Centre’s piano will be allowed in the building unless with the written consent of the Committee. The piano will be available only by compliance with the following conditions:

The piano will be inspected after a function.
Any damage or need for tuning will be charged to the Hirer.
The piano will not be permitted to be moved between rooms by the Hirer, or removed from The Gem Community Arts Centre.
No persons other than the pianist of the Hirer will be permitted to use the piano.
Only The Gem Community Arts Centre’s tuner may tune or service the piano.

4.6 Fire Retardation

The Hirer warrants that all scenery, props, costumes and displays brought into The Gem Community Arts Centre are clean (no offensive odour, non-hazardous, free of vermin) and adequately flame retarded in accordance with the Public Building and Fire Department requirements.

4.7 Barbecues

The use of BBQs or portable cooking appliances connected to gas bottles within The Gem Community Arts Centre building is strictly forbidden. However, the verandah may be used if the Hirer makes themselves familiar with the localtion of the fire exstinguishers.

4.8 Tables and Chairs

Setting up and re-stacking and/or removal and returning of chairs and tables, is the responsibility of the hirer.

4.9 Rubbish

All rubbish is to be placed in appropriate bins and excess rubbish taken away by hirer.

4.9 On Leaving the Venue

Checklist:

Ensure that all air conditioners / heaters and lights have been turned off in areas that have been used.
Double check that all windows and doors are locked, especially around the back of the building if that area has been used.
All areas that have been used are clean.
All rubbish is removed and placed in appropriate bins.
All breakages are reported to Committee via the Maintenance book (located at the Reception desk).
Security has been activated, if you are the last one in the building.

Hire of Venue

5.1 Services Provided with Venue Hire

The following services are provided with all venue hire:

Lighting, power and water.
Air conditioning/Heating
Tables and chairs, as stated in the Specifications.
Toilet paper, cleaning products, vacuum - 1 x stick, 2 x larger capacity
Standard cleaning

5.2 Services not provided with Venue Hire

Ticket booking - this is your responsibility. We do not wish to be responsible for receiving you ticket money. You will need to organise a person to be in the Box Office to check tickets (if you have an online host) or take money.

5.3 Charges

The charges shall be as quoted in the letter of offer to the Hirer. All charges are inclusive of GST.

5.4 Advertising

Please note: you are responsible for all your own advertising.
We are willing for you to put your promotional material around our building - If you would like your promotional material on display around the venue, please supply us with posters and flyers. We will be happy to place these around and put on our notice board outside the venue.

Hire of Theatre

6.1 Use and Access

Photography, visual recording and audio recording by any means in the theatre shall only be permitted within copyright laws. In such cases all responsibility for infringement of copyright or performing rights will rest with the Hirer.
Pyrotechnics, smoke machines, or any equipment likely to interfere with fire alarm systems may be used subject to the approval of the Committee, who must be advised of their use in writing at the time of booking. Fire alarms can be deactivated to accommodate this but needs prior notification.
Hirers having a booking over multiple days, that are not consecutive, must consider designing occupancy in such a way that if another Hirer requires the space, all equipment can be relocated. The time taken to remove equipment is to be within contracted hire periods. Hirers are responsible for providing acceptable tape for marking the stage. However, the Committee will endeavour to accommodate all HIrers with the least inconvenience to all parties.
Any tape applied in the space must be removed at the conclusion of the hire. Alterations, additions and tap-ins to the standard lighting rig are not permitted without the Committee and Theatre Tech’s approval.
Where there is hire over consecutive days, the Manager may allow the altered equipment to remain in place; this must be noted in the hire contract.
An operator approved by the Committee must operate The Gem's technical equipment. No additional electrical equipment is to be brought into The Gem Community Arts Centre without the prior approval of the Theatre Tech.
At the conclusion of the hire the Hirer will ensure all equipment is left in its original condition and location. Theatre Tech time required for restoration of the lighting system or any other equipment to the original state will be charged to the Hirer.

Theatre Specifications

A summary of the theatre specifications can be found on the 'Venue Specifications' page.

Inspection Record

We will send you out an Inspection Record with your confirmation letter.
The facility should be checked prior to the function, to ensure that it is in a suitable condition for use, that all equipment to be used is stored correctly, and is available for use.
After the function, the facility should be checked again to verify compliance with the conditions of use, and to compile a record of the condition of the premises.

Thank you for considering our facility.