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Sports venues terms and conditions

1. Definitions

Capitalised terms not specifically defined in these terms and conditions have the meanings set out in the relevant part of the Department’s website. These capitalised terms have the following meanings:

  1. Activity means any sporting, recreational or other permitted activity to be undertaken at a Venue or by Venue staff as set out in the Booking Itinerary (if any);
  2. Additional Terms and Conditions means any additional terms and conditions set out within the Booking Itinerary, as required by the Department under clause 3(e) and notified to the potential Hirer by email;
  3. Arrival Date means the date the Hirer is to arrive at the Venue as set out in the Booking Itinerary;
  4. Booking Agreement means:
    1. the Booking Itinerary (including any Additional Terms and Conditions) and as varied by agreement between the parties from time to time; and
    2. these Terms and Conditions (applicable upon the booking agreement being formed, and as updated as at the Arrival Date).
  5. Booking Itinerary means all of the details of the booking (including fees and charges, specific requests and any applicable Additional Terms and Conditions), as varied by agreement between the parties from time to time;
  6. Department means the State of Queensland as represented by the Department of Tourism, Innovation and Sport;
  7. Facilities means the facilities at the Venue, which may include an oval, athletics track and athletics facilities, outdoor courts, indoor courts and meeting rooms;
  8. Hire Area is the Facilities at the Venue as set out in the Booking Itinerary;
  9. Hirer means the organisation, group or individual hirer as specified in the Booking Itinerary;
  10. Representative means an employee, agent, officer, director, contractor, subcontractor, other authorised representative, or invitees or guests of a party;
  11. Venue means the Department’s venue as specified in the Booking Itinerary.

2. General

  1. This document sets out the terms and conditions upon which the Hirer and the Department contract for the provision of services at the Venue, and (if the booking is accepted) forms part of the Booking Agreement between the parties.
  2. By making a booking enquiry (if applicable) the potential Hirer acknowledges that they have read, understood and agrees to be bound by these terms and conditions to the extent applicable to a tentative booking.
  3. The Department may in its absolute discretion, place Additional Terms and Conditions on a booking. If Additional Terms and Conditions are required, then the potential Hirer will be advised of this by the Department.
  4. Through making payment of an invoice and provision of confirmation of the booking (as set out in the Booking Itinerary), the Hirer acknowledges that they have read, understood and agrees on behalf of the Hirer to be bound by the Booking Agreement including these terms and conditions and the Additional Terms and Conditions (if any).
  5. The Booking Agreement is governed by the laws of Queensland. If any part of the Booking Agreement is determined to be invalid, unlawful or unenforceable wholly or to any lesser extent, such terms or conditions shall be severed from the remaining part of the Booking Agreement.
  6. The Booking Agreement will continue until one week after the conclusion of the last Activity or booking of the Booking Agreement, unless the last booking is cancelled in accordance with these terms and conditions. Clauses 5.1, 5.2, 6 and 7    of these terms and conditions and the Additional Terms and Conditions (if any) survive expiry or cancellation of the Booking Agreement.
  7. The Hirer must not sub-hire, transfer or assign any right or benefit under the Agreement, or any right to use or occupy all or part of the Venue.
  8. The Department is under no obligation to grant the Hirer any extension or renewal of the Term. If the Department does grant an extension to the Term, it will do so on such terms and conditions as it sees fit.

3. Tentative booking and Booking Agreement

  1. The submission or making of a booking enquiry creates a tentative booking. A tentative booking does not guarantee the Department will accept the tentative booking. The Department reserves the right to refuse a booking request, for any reason, including if the proposed use would disadvantage the other users of the Venue.
  2. The Department reserves the right to not accept a booking for any reason.
  3. If a booking enquiry is made on behalf of an organisation, the booking enquiry must be completed by a person who has the authority to legally bind the organisation as the Hirer. A person must be at least eighteen (18) years of age to make a booking at any Venue.
  4. The Hirer must provide the Department with any information it requests in relation to a booking or a requested booking, by the time requested by the Department.
  5. The Department will email the potential Hirer, attaching a Booking Itinerary (which may, if required, contain Additional Terms and Conditions) to clarify the details of the potential Hirer’s tentative booking, and attaching an invoice for the amount payable (if any) to secure the booking.
  6. The Department may, at its absolute discretion, require the payment of a deposit up to the value of the booking. Please see clause 5 below around non-refundable deposits.
  7. For a booking to be confirmed and a Booking Agreement to be formed, the potential Hirer must:
    1. confirm acceptance of the Booking Itinerary, including Additional Terms and Conditions (if any) by email; and
    2. pay to the Department the full invoiced amount (if any).
  8. If a tentative booking is rejected by the Department, the Department will notify the potential Hirer by email.
  9. Once the potential Hirer has complied with 3(g) and full payment of the invoiced amount (if any) has been received by the Department, the Department will confirm by email that the booking has been made. It is at this point that a Booking Agreement has been made between the Department and the Hirer.
  10. If payment of the invoiced amount is not received by the time specified in the invoice, the tentative booking will lapse.
  11. Through making payment of invoice (if any) and the confirmation of the Booking Itinerary including Additional Terms and Conditions (if any), the Hirer acknowledges that they have read, understood and agrees on behalf of the Hirer to be bound by these terms and conditions and the terms of the Booking Agreement.
  12. The Department, at its absolute discretion, may consider requests from the potential Hirer for special consideration around the terms and conditions that apply to a booking. These requests can be made prior to making a booking or at any time prior to, or on the Arrival Date, and must be made in writing.
  13. Where a request for special consideration is made under 3.l above:
    1. prior to a Booking Agreement being formed, any requests approved by the Department will be set out in the Booking Itinerary; and
    2. after the Booking Agreement is made, if agreed to by the Department, will be documented in an updated booking itinerary (as being agreed to) and will form part of the Booking Agreement terms.

4. Use of the Venue and Hirer obligations

  1. The Hirer consents to abide by the Venue Conditions of Entry as displayed at the Venue, and updated from time to time.
  2. The Hirer will only be entitled to use the part or parts of the Venue (being, the Hire Area) as specified in the Booking Itinerary.
  3. The Hirer acknowledges that the Department may at all times enter upon the Hire Area for any purpose whatsoever but not so as to interfere with the rights of the Hirer under the Booking Agreement.
  4. The Copyright Act 1968 (Cth) imposes an obligation on Hirers who wish to broadcast, communicate or publicly perform protected sound recordings and music videos to obtain the licence of the copyright holders. Hirers are required to provide a copy of all licences at the request of the Department.
  5. Any filming or recording at the Venue must have the prior approval of the Venue Manager. The Hirer must ensure that Venue staff and other clients of the Venue are not filmed or recorded.
  6. Smoking and gambling anywhere within the Venue, or within 10 metres of the venue boundary is prohibited at all times.
  7. Alcohol must not be brought into the venue or served in the venue, unless there has been prior approval from management for the service of alcohol. Any alcohol purchased or served in the venue must be consumed in the venue and must be in accordance with all applicable laws and legal requirements, including the Liquor Act 1992.
  8. The Hirer acknowledges and agrees that it, its Representatives and participants are required to comply with any requirements under the Department’s policies or a direction of the Department to COVID-19 vaccination and entry and use of the Venue, Hire Area and Facilities as advised by the Department from time to time. This may include (without limitation) requirements relating to vaccination, testing, provision of test results, provision of satisfactory evidence of vaccination status.
  9. Venue processes may be in place for child protection and all directions in relation to this must be followed by all users of the Venue.
  10. The Hirer acknowledges that the Department may close part or all of the Venue, at any time, for any reason.
  11. The Hirer must and will ensure that its participants provide the Department with all information it requests in relation to a booking, by the time requested.
  12. The Hirer is responsible for its participants and Representatives, and the conduct of its participants and Representatives while at the Venue.
  13. The Hirer must not make any structural or other alterations or additions to the Venue or install or erect any standalone structures (temporary or permanent) without the prior written approval of the Department. Such approval is at the sole discretion of the Department and may be subject to such conditions as the Department sees fit.
  14. Access to the Hire Area by the Hirer and its Representatives is available from the start time specified in the Booking Itinerary.
  15. Unless otherwise advised, the Hirer and its Representatives must leave the Hire Area by the finish time specified in the Booking Itinerary.
  16. The Hirer acknowledges and agrees that an additional fee determined by the Department, up to and equal to the fees and charges listed on your Booking Itinerary, may be payable if the Hirer and its Representatives do not leave the Hire Area by the required times.
  17. The Hirer acknowledges that:
    1. the Department may grant access to the Hire Area to other users at the same time. Exclusive use of Hire Area is not guaranteed unless stipulated in the Booking Itinerary.
    2. the booking is accepted subject to the Venue or Hire Area being required for a Queensland Government initiative or requirement to use the Venue, for a major event as determined by the Department.
  18. The allocation of Facilities is at the discretion of the Department and is subject to availability.
  19. The Hirer must comply and will ensure that its Representatives comply with all applicable laws and regulations in relation to its use of the Venue.

5. Fees and charges

5.1 Payments

  1. The Hirer is responsible for paying the Department the total fees and charges for the booking in the amount as set out in the Booking Itinerary, and as increased by an annual indexation rate increase on 1 January each year as advised or published by Queensland Treasury and Trade.The Hirer will be invoiced for this amount, which will be a debt due and payable to the Department.
  2. The Department reserves the right to apply additional eligibility criteria to products and/or fees and charges.
  3. Facility bookings must be paid for in full at time of booking and are non-refundable, unless otherwise stated in the Booking Itinerary.
  4. Deposits are non-refundable.
  5. The Hirer agrees to pay the Department all fees payable under the Booking Agreement. These fees are a debt due and payable to the Department.
  6. All prices are inclusive of GST unless otherwise stated.
  7. Any changes to a booking may incur additional costs. Any changes must be agreed to by the department and documented in the Booking Itinerary.

5.2 Cancellations

  1. All cancellations to bookings must be made in writing by the Hirer. Where the Hirer is a ‘no show’ then the department will consider this to be a cancellation.
  2. Facility bookings are non-refundable, unless otherwise stated in the Booking Itinerary.
  3. Deposit amounts are non-refundable, except where 5.2..e.iii applies.
  4. The Department may cancel a booking in its discretion, at any time, including (but not limited to) for inclement weather or for one of the reasons set out in 4(q)(ii).
  5. If the Department cancels a booking:
    1. the Hirer will be notified by phone or email of the cancellation;
    2. if the Department cancels the booking due to a breach of the Booking Agreement by the Hirer or its Representatives, the Department may recover the amount of the fees and charges payable in connection with the booking, as a liquidated debt due to the Department, including forfeiture of any deposit; and
    3. if the Department cancels the booking under 5.3d above and without breach or fault by the Hirer or its Representatives, the Department will refund in full any monies paid by the Hirer.
  6. The Hirer acknowledges that it is not entitled to compensation or other amounts from the Department in relation to a cancellation by the Department (except for a refund of an amount under (5.2(e)(iii) above).

6. Risk and liability

  1. The Hirer has and warrants that its participants have voluntarily chosen to participate in the Activity. The Hirer understands and will ensure that its participants understands that participation may involve physical activity of a strenuous nature, and that there are inherent risks in all aspects of physical activity, including injury and death.
  2. By booking, the Hirer warrants that the participants are in good health and proper physical condition to safely participate in the Activity and have no known physical or mental conditions that would adversely affect the participant’s ability to safely participate in the Activity. The Hirer gives the Department and the staff leading the Activity permission to seek emergency medical services for the participant should they become ill or injured, and agrees to pay the costs of those services.
  3. The Hirer, its Representatives and the participants knowingly assume all of the inherent risks of the Activity. On behalf of the participant, the Hirer waives any and all claims the participant or the Hirer may have against the Department and its Representatives.
  4. To the full extent permitted by law, the Hirer releases and discharges the Department and its Representatives from any and all liability for loss, claims, demand, damage, injury or expense, that the Hirer, their Representatives (including participants), suffer as a result of attendance at the Venue or using its Facilities, due to any cause whatsoever, including but not limited to negligence. To the extent permitted by law, the Department:
    1. will not be liable for any losses, damages, liability, claims, expenses (including for negligence and whether direct, indirect or consequential) arising in connection with the Hirer and its Representatives’ use of the Venue, participation in an Activity, a booking, a tentative booking or the Booking Agreement; and
    2. makes no warranty or representation as to the quality, fitness or suitability of the Venue, its Facilities or any Activity;
    3. excludes any condition or warranty which would otherwise be implied by law in the Booking Agreement; and
    4. if determined at law to be liable to the Hirer (notwithstanding the terms of the Booking Agreement), such liability is limited to the value of a refund of the Hirer’s fee.
  5. The Hirer will be responsible for the cost of any actions taken by the Hirer or its Representatives causing any loss, breakages of or damage to any equipment, property or Facilities or the Venue.
  6. The Hirer is responsible for the provision of first aid and for the wellbeing of persons under its control and must bring its own first aid kit and have a qualified first aid, nurse or other person with an equivalent qualification on site at the Venue at all times.
  7. Any injury sustained within the Venue must be reported to a representative of the Department before leaving the Venue and as soon as practicable.

7. Personal information

The Department manages personal information in accordance with the Information Privacy Act 2009. The Hirer consents to and authorises the Department to collect, manage, use and disclose its personal information (and will procure such consent and authorisation from its Representatives) for the purpose of administering the booking and providing any services associated with the booking. The Department will not provide or disclose the personal information provided to any person outside the Department without the Hirer’s prior written consent unless required or permitted by law or other government policy.

8. Interpretation

8.1 In the Booking Agreement:

  1. headings are for convenience only and do not affect interpretation; and unless the context indicates a contrary intention;
  2. a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes a substituted or an additional trustee;
  3. a reference to a document (including these terms and conditions is to that document as varied, novated, ratified or replaced from time to time;
  4. a reference to a statute includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re‑enactments and replacements;
  5. includes in any form is not a word of limitation;
  6. if more than one person is identified as the Hirer, then that expression refers to them, and the obligations of the Hirer under the Booking Agreement bind them jointly and severally;
  7. no rule of construction will apply to a provision of the Booking Agreement to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it;
  8. where any inconsistency exists between these terms and conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent necessary to resolve the inconsistency; and
  9. a reference to $ or dollar is to Australian currency.