1 Interpretations & Definitions
1.1 The agreement between the parties in respect of any Engagement shall be constituted by:
- (a) This Agreement.
1.2 Unless the context otherwise requires:
“ABN” has the meaning given to that term in A New Tax System (Australian Business Number) Act 1999.
“DivaDolly” means DivaDolly Pty Ltd ABN 89 316 242 039.
“Activity” means that described or identified in Item 3 of the Schedule of this Agreement.
“Agreement” means this agreement for hire, together with the schedule and annexure.
“Hire Date” means the expected date for commencement of Activity as specified at Item 4 of the Schedule of this Agreement.
“Days” means calendar days.
“Engagement” means the contract created by the acceptance of the Hirer’s booking within DivaDolly’s electronic booking and invoicing system under this Agreement.
“GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST (currently 10%).
“GST Law” has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999.
“Payment” means any amount payable under or in connection with this Agreement, any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
“PAYG Legislation” means the A New Tax System (Pay As You Go) Act 1999.
“Premises” means U1/19 Alex Wood Drive, Forrestdale WA 6112. It includes all buildings, facilities and parking bays within the boundary.
“Square” refers to DivaDolly’s electronic booking and software system.
“Tax Invoice” has the meaning given to that term by the GST Law.
“Taxable Supply” has the meaning given to that term by the GST Law.
“Unfixed Materials” includes plant & equipment (not consumables or small goods) that has been brought to site (& not prematurely) and is intended for incorporation with the Activity.
2 Period of Hire
2.1 DivaDolly provides a number of options for the hire of the premises:
- (a) One-off hires.
- (b) Regular daily / part day hires for a period of time.
- (c) Block hire.
2.2 This Agreement does not need to be renewed for each hire as long as the details of the Hirer remain unchanged.
3.1 The Hirer must execute & complete the Activity in a competent and professional manner and strictly in accordance with:
- (a) All applicable rules and laws,
- (b) This Agreement;
3.2 The Hirer shall not book or sub-lease the property to a third party.
3.3 Ensure the hire of the premises is not for general public use or access.
3.4 DivaDolly shall:
- (a) Ensure all areas for hire are in a tidy state and cleaned and sanitised prior to access, including the sanitising of amenities, door handles, sound equipment and floors.
- (b) Provide hygiene stations including hand sanitiser in each studio space and handwashing in amenities areas.
- (c) Provide adequate lighting, heating and air conditioning in the rooms for fire and public spaces.
- (d) Provide access to the facilities during the period of booking.
- (e) Ensure changes made to pre-existing bookings due to DivaDolly’s artistic programs are communicated to the Hirer four weeks in advance.
4.1 The Hirer may alter the booking up to 48 hours prior to the scheduled date. Payment will be held in credit by DivaDolly towards future bookings.
4.2 Any cancellation or alteration less than 48 hours prior to the booking is non-refundable.
4.3 All cancellation notifications shall be confirmed in writing in order to be valid.
4.4 The Hirer shall be refunded full booking fees if the WA Health Department increases the Covid 19 risk to the extent that public and/or private gatherings are restricted resulting in cancellations.
4.5 If a booking is scheduled for a weekend or public holiday, cancellations or alterations shall be confirmed within standard office hours, ie by 4.00pm Monday to Friday to avoid fees.
5 Conditions of Entry
5.1 Booking times and spaces as confirmed by DivaDolly shall be strictly adhered to.
5.2 Advise DivaDolly at the earliest instance if the premises or booked space is found in an unsatisfactory state.
5.3 Inform DivaDolly if intending to film or photograph anywhere on the premises for reasons other than personal use.
5.4 There shall be no waiting or loitering in non-studio areas of the premises.
5.5 The Hirer or its agents shall not refuse entry to any staff member of DivaDolly.
5.6 The Hirer shall ensure that its employees, agents and students are familiar with the conditions of entry and safety, health and environmental expectations.
5.7 Only those amenities allocated to the booking including studio, bathrooms, entrances, exits and cleaning and hygiene stations may be used during the booking. Kitchen facilities including microwave, crockery and cutlery are not to be used.
5.8 Only footwear and/or props that do not permanently mark or scratch any floor surfaces shall be used. Normal removable wear and tear scuff marks excepted.
5.9 The Hirer shall ensure:
- (a) There is no damage to mirrors or markings that require cleaning.
- (b) No food or drink, other than bottled water, is consumed in the studio. If bookings are for longer than four hours discuss with DivaDolly staff the possible use of amenities.
- (c) Alcoholic drinks, for sale or consumption, and illicit drugs are strictly prohibited.
- (d) No items of any kind, including tapes and adhesives, are attached to any surface of the premises without prior consent.
5.10 On expiry of the hire period:
- (a) All items that have been brought onto the premises shall be removed.
- (b) The areas used for the hire shall be left in a tidy state and internal doors to the studio left open in readiness for cleaning.
- (c) All lights, heaters, fans, air conditioning, sounds systems and other electrical devices are to be turned off prior to departure.
- (d) Strictly comply with all lockup and security instructions as provided.
- (e) All members of the booking party are to leave the premises promptly on the completion of the booking period. The carpark security gates automatically close 15 minutes after the booking period expires.
6.1 The Hirer warrants that:
- (a) It and its employees and agents are competent and possess the necessary skills to properly perform the Activity.
7 Health, Safety & Environment
7.1 The Hirer shall comply with all applicable laws and regulations concerning health and safety during performance of the Activity and, without limitation, comply with the HSE policies.
7.2 Prior to commencing the Activity, the Hirer will provide to DivaDolly details & assessments for all hazardous products & materials used in the Activity.
7.3 If in DivaDolly’s opinion the degree of supervision by the Hirer at the premises is inadequate, or any person employed by the Hirer is incompetent or negligent, the Hirer shall upon the request of DivaDolly remove such persons from the Activity.
7.4 Any electrical devise brought into the premises shall be annually tested and tagged by a licensed electrician. Untagged items will not be allowed to be taken onto the premises.
7.5 The use of candles or an open flame is prohibited.
7.6 All members of the Hirer’s party shall attend a short emergency briefing prior to the commencement of the first booking. This includes classes for both new and experienced persons.
7.7 Emergency exits and fixed equipment are not to be obstructed or interfered with.
7.8 Covid 19 Controls
- (a) The Hirer shall ensure that all participants electronically sign on to the SafeWA app on entry;
- (b) When decreed by the WA Health Department, safe-distancing of 1.5m shall be practiced;
- (c) Ensure no more than 20 persons enter the premises when decreed by the WA Health Department;
- (d) Good hygiene and hand washing before, during and on completion of the Activity shall be practiced.
- (e) The parlour room cannot be used during periods of high Covid risk, as decreed by the WA Health Department.
- (f) Acro mats or stretch ladders will not be available, as decreed by the WA Health Department.
- (g) Items shall be sanitised before and after use.
- (h) Members of the party shall not enter the Premises if displaying Covid 19 symptoms.
- (i) DivaDolly shall be notified as soon as practical if any member of the party has been unwell or displayed Covid 19 symptons within two weeks of the booking.
8 Materials Plant & Equipment
8.1 The Hirer shall, prior to the day of hire, provide DivaDolly with a complete list of tools, materials, props and equipment he/she intends to bring on site for approval.
8.2 All items brought onto the premises shall be sanitised before and after use by the Hirer.
8.3 If DivaDolly equipment is supplied to the Hirer by DivaDolly, the following provisions shall apply:
- (a) DivaDolly agrees to supply on licence to the Hirer the DivaDolly equipment which shall be used by the Hirer at its sole risk and in this respect the Hirer hereby releases DivaDolly and shall indemnify and save harmless DivaDolly from and in respect of any claim, suit, action or demand which may arise out of or as an incident of the use by the Hirer of the DivaDolly Equipment;
- (b) Do not interfere with or alter any of the electrical installations, lighting audio systems or other technical equipment owned by DivaDolly;
- (c) Use the DivaDolly wifi responsibly, respectfully and within the law;
- (d) DivaDolly makes no representation or warranty in relation to the quality, fitness, or suitability of the DivaDolly equipment for any particular purpose;
- (e) The Hirer agrees to pay any costs expenses or damages associated with the repair or replacement of any DivaDolly equipment lost or damaged whilst in the control of the Hirer (fair wear and tear only excepted);
- (f) In the event that the DivaDolly Equipment has not been so returned, DivaDolly may at its election in its own right or by its representatives:
- (i) come onto those premises on which the DivaDolly equipment or any part thereof is stored or kept and in the name of and with the authority of the Hirer (which is hereby irrevocably given) remove such DivaDolly equipment; or
- (ii) deduct from any moneys payable to the Hirer the replacement value of and/or the repair costs of the DivaDolly equipment or any part thereof as the case may be.
9.1 The Hirer shall appoint and keep throughout the duration of the Activity, a person in charge. This person shall supervise and superintend the carrying out of the Activity and ensure there is a full exchange of information.
10.1 All fees for the hire of the premises shall be paid at the time of the booking using DivaDolly’s Square software. Only electronic payments are accepted.
Except to the extent caused by DivaDolly and its employees, officers and agents the Hirer shall be liable for and shall indemnify and hold harmless DivaDolly and its employees, officers and agents against any liability, loss, damage, claim, suit, action, expense or proceedings of whatsoever nature and whensoever made or instituted relating to or arising as a result of any action taken or omitted by or any other default or negligence of the Hirer or any other party with whom the Hirer has contracted to provide the Services under this Contract including without limitation, whether arising;
- a) Under any state or common law in respect of personal injury (which expression shall include illness) or death of:
- (i) any and all persons employed by it in the execution of the Services and any activity directly or indirectly associated herewith,
- (ii) any and all persons whatsoever other than those referred to in sub-paragraph (a)(i)
- b) In respect of loss or injury or damage to any and all property real or personal whatsoever, or
- c) As a result of or by reason of the failure of the Hirer to conform or fulfil any conditions referred to in this Agreement. Such indemnity shall be in addition to any other remedies provided by law or equity to DivaDolly.
12.1 The Hirer shall provide whenever reasonably required by DivaDolly confirmation to DivaDolly that the Hirer:
- (a) has effected Workers’ Compensation and any other insurance required by any applicable law and Employees Liability / Common Law insurance with a limit of liability not less than $50,000,000 (or such other amount as the DivaDolly agrees in writing) per event, in respect of any person employed or engaged by the Hirer or deemed to be so employed;
- (b) sole traders without employees who are not required by law to obtain Workers Compensation insurance shall have Sickness and Accident insurance;
- (c) has effected public liability insurance for a sum not less than $10 million or such other sum as is reasonably nominated in the DivaDolly Purchase Order, whichever is greater;
- (d) the Hirer must insure all vehicles or items which are licensed as motor vehicles or are required to be so licensed (whether owned, hired or leased) used in the performance of the Services under:
- (i) compulsory motor vehicle third party insurance; and
- (ii) a comprehensive motor vehicle and third party liability policy.
13 General Conditions
13.1 Headings and sub-headings are for the sake of ease of reference and none of the provisions of this agreement are to be construed or interpreted by reference to such headings and sub-headings.
13.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and contains all of the representations, undertakings, warranties, covenants and agreements of the parties. This agreement supersedes all prior negotiations, contracts, arrangements, understandings and agreements with respect to such subject matter. There are no representations, undertakings, warranties, covenants or agreements between the parties’ express or implied except as contained in this agreement.
13.3 A provision of or a right created by this Agreement may not be waived or varied except in writing signed by the party or parties to be bound.
13.4 Any provision in this Agreement which is invalid or unenforceable in any jurisdiction will, for the purposes of that jurisdiction, be read down, if possible, so as to be valid and enforceable or otherwise severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
13.5 This Agreement shall be construed in accordance with the laws of the state of Western Australia where this Agreement is made.
13.6 Any notice demand, consent or other communication under this Agreement:
- (a) must be in writing addressed to the address of the parties;
- (b) will be deemed to be duly received by or served on the addressee:
- (i) if by delivery in person, when delivered;
- (ii) if by post, seven (7) days from and including the date of postage;
- (iii) if by email transmission on receipt of the transmission.