Conditions Of Hire – Eventfinda Stadium

“Agreement” means the agreement relating to hiring the Hire Area for the Hire Period which comprises the Schedules, any other schedules, plans and annexures attached to them together with these General Terms and Conditions and any policies, procedures, guidelines and rules set out by North Shore Events Centre relating to the use, occupation, services, safety and security of the Venue.

“Bond” means the bond (if any) set out in Schedule 1.

“Booking and Bumping Policy” means The North Shore Events Centre’s booking and reservations policy as may be updated or amended by North Shore Events Centre from time to time.

“Business Day” means any day of the week other than Saturday, Sunday, or any public holiday or regional holiday observed in Auckland.

“Caterer” means North Shore Events Centre’s caterer to the Venue from time to time.

“Common Areas” means the areas shown coloured in yellow on the Venue Site Plan which the Hirer is authorised to use in common with North Shore Events Centre and any other authorised user of the Venue.

“Consumer Price Index” means the Consumer Price Index (All Groups) as calculated by the Department of Statistics and published quarterly (or such replacement index (as reasonably nominated by North Shore Events Centre) of the Consumer Price Index (All Groups) should that index cease to exist).

“Corporate Hospitality Packages” means any special promotional packages to the Event which may include such extras as food and beverage provided in a corporate dining setting and preferential/exclusive seating rights.

“Credit Card Surcharge” means any surcharge payable by the Hirer on credit card payments made under this Agreement and being at the rate determined by North Shore Events Centre from time to time.

“Deposit” means the deposit paid on account of the Hire Fee as specified in Schedule 1.

“Due Date” means the due date for any payment as specified in Schedule 1.

“Duty Manager” means North Shore Events Centre’s representative on duty at the Venue during the Hire Period.

“Event” means the event or activity to be staged by the Hirer at the Venue using the Hire Area.

“Force Majeure” means any event or circumstance beyond the reasonable control of the party claiming the existence of such event or circumstance which that party is unable to prevent or overcome by the exercise of reasonable care and at a reasonable cost, and includes but is not limited to:

act of God, fire, earthquake, storm, flood or landslide;
explosion or public mains water or electrical supply failure;
sabotage, riot, civil disturbance, insurrection, epidemic, natural or civil emergency (whether in fact or law), act of terrorism or act of war (whether declared or not);
unavoidable accident, but does not include:
- any labour strikes, lockouts or unrest by any employees or independent contractors of the Hirer; or
- lack of funds for any reason.

“General Terms and Conditions” means these general terms and conditions.

“Gross Revenue from Ticket Sales” means, in relation to a Public Event, the total revenue received by the Ticketing Agent on behalf of the Hirer in relation to ticket sales for the Event being the ticket price less:

GST; and
inside charges; and,
any credit card fees charged by the Ticketing Agent; and,
any printing charges payable to the Ticketing Agent –

but excluding revenue (if any) received by the Ticketing Agent on account of tickets sold as part of a Corporate Hospitality Package.

“Hire Area” means those areas within the Venue or any area adjacent to the Venue to be hired or used by the Hirer either exclusively or in common with others, as detailed in the Venue Site Plan.

“Hire Fee” means the Hire Fee set out in Schedule 1 (but subject to adjustment in accordance with clause 11).

“Hire Period” means the period specified in Schedule 1.

“Hirer” means the person named as the Hirer in Schedule 1 where the context requires and includes:

those persons for whom the Hirer is responsible, being, by way of example only the Hirer’s Representatives, employees, agents, volunteers, contractors, exhibitors, promoters, invitees, Patrons, performers, participants; and
the Hirer’s successors and assigns.

“Hirer’s Publications” means all promotions, advertising, signage and other like materials, tickets, broadcasting, television, film, electronic media or other publications produced by or on behalf of the Hirer related to the Event.

“Hirer’s Representatives” mean those persons nominated in writing by the Hirer with authority to make arrangements on behalf of the Hirer with North Shore Events Centre.

“Losses” means, without limitation, any damage, cost, loss, claim, expense or liability of whatever nature (including the costs referred to in clause 13 together with default interest specified in clause 10.2(f)) incurred or sustained by a party by reason of the acts or omissions of the other party (including the breach of this Agreement by the first party) and, in relation to North Shore Events Centre, means any damage, cost, loss, claim, expense or liability of whatever nature incurred or sustained by North Shore Events Centre:

as a result of the Hirer’s acts or omissions and/or the Hirer hiring the Venue; or
that is caused directly or indirectly by Patrons or other persons for whom the Hirer is responsible.

“Major Event” means an event which the Governor General by order in Council declares to be a Major Event in accordance with the powers contained in Section 7 of the Major Events Management Act 2007.

“Pack-In” means and refers to that part of the Hire Period during which the Hirer erects and installs any infrastructure needed for the Event in the Hire Area and during which the Hirer prepares the Hire Area and the Venue for the Event.

“Pack-Out” means and refers to that part of the Hire Period after completion of the Event during which the Hirer must remove its entire Event infrastructure from the Hire Area and the Venue.

“parties” means North Shore Events Centre and the Hirer.

“Patron” means a person attending the Venue for an Event and “Patrons” has a corresponding meaning.

“Private Event” means an event or activity not open to the general public.

“Public Event” means an event or activity which is stated to be a Public Event in Schedule 1 being an Event which is open to the general public irrespective of whether a ticket is required for entry.

“Service Charges” means the total amount payable by the Hirer to North Shore Events Centre for all Services provided under this Agreement.

“Services” means those services provided by North Shore Events Centre as set out in Schedules 1-4, which may include but is not limited to catering, security, technical support, supply of equipment, parking, cleaning, supply of employees and personnel and other services provided to the Hirer by North Shore Events Centre or the Venue or their contractors.

“North Shore Events Centre” means the North Shore Events Centre Trust Board, being the owner and operator of the Venue.

“Ticketing Agent” means North Shore Events Centre’s ticketing agent used for the Event.

“Venue” means any of the North Shore Events Centre Trust venus located at located at 17 Silverfield Lane, Glenfield, Auckland.

“Venue Images” means the name, logo/s, trademark/s (registered or unregistered), and images of or relating to the Venue and North Shore Events Centre and its facilities;

“Venue Resource Consent” means the resource consent granted to North Shore Events Centre by Auckland Council under the operative District Plan/proposed District Plan.

“Venue Site Plan” means the plan attached to this Agreement showing the inside Hire Area under this Agreement outlined in red, the outside Hire Area outlined in green, and any Common Areas that North Shore Events Centre will allow the Hirer to access outlined in yellow.

Interpretation

In the construction of this Agreement, unless a contrary intention appears:

headings are for reference only and will be ignored in interpreting the provisions of the Agreement;
words in the singular include the plural and vice versa;
a reference to a person includes a partnership and a body, whether corporate or not;
a reference to a Schedule is a reference to a Schedule to this Agreement;
time will be of the essence in any provision where a time or period is given;
any reference to laws, legislation or statutory requirements includes a reference to regulations or any other form of delegated legislation or local body bylaws, codes or rules or to any legislation in substitution for, or in amendment of, the legislation or statutory requirements;
words that are derived from a defined term will have a similar meaning to the defined term; and
all references to dollar amounts and fees payable under this agreement are references to New Zealand Dollars.

HIRE AND USE

Agreement to Hire/Hire of Hire Area and Common Areas Only

3.1 North Shore Events Centre reserves the right to refuse to hire any part of the Venue without stating any reason for the refusal.

3.2 Despite anything else contained in this Agreement, North Shore Events Centre reserves the right to cancel any booking at any time in accordance with North Shore Events Centre’s Booking and Bumping Policy.

3.3 Subject to clause 6, North Shore Events Centre licenses the Hirer to use the Hire Area and the Hirer agrees to take on licence the Hire Area for the Hire Period on the terms and conditions set out in this Agreement.

Hire Period and Agreement Term

4.1 This Agreement may apply to more than one Event. Where the Hire Period is in respect of multiple Events, this Agreement will operate for every such Event specified in Schedule 1 provided that North Shore Events Centre may change the prices included in this Agreement for any Event in accordance with clause 11.

4.2 Contractors engaged by the Hirer must operate within the Hire Period. The Hirer may at its discretion increase the Hire Fee if the Hirer’s contractors require access before the Pack-in Date or after the Pack-out Date.

4.3 Deliveries before and after the Hire Period will only be accepted if North Shore Events Centre has first agreed to them.

4.4 The term of this Agreement runs from the date this Agreement is signed by all parties until the earlier of the:

a) end of the Hire Period; or
b) date this Agreement is cancelled or terminated in accordance with its provisions.

Use of the Venue

5.1 The Hirer may only use or access the Hire Area on a day/s within the Hire Period.

5.2 The Hirer will not use or permit to be used the whole or any part of the Hire Area for any use other than for the Agreed Use.

5.3 The Hirer will pay such further charges as determined by North Shore Events Centre on demand if any part of the Venue other than the Hire Area is used by the Hirer or for anything other than the Agreed Use.

5.4 The Hirer will co-operate with other occupiers, users and hirers of the Venue and take all reasonable steps to avoid disruption or inconvenience to them.

5.5 The Hirer must ensure that the number of people in the Venue does not exceed the Maximum Capacity of Venue stated in Schedule 1. The Hirer will be liable for the fines, costs or expenses that North Shore Events Centre may incur if this maximum capacity is exceeded.

Booking Confirmation & Reservations Policy

6.1 No booking is confirmed until this Agreement is signed, the Hirer has paid the Deposit, and the Hirer has provided evidence to North Shore Events Centre that it is a legal entity (e.g. certificate of incorporation where a corporate entity).

6.2 The Hirer will not advertise, promote, or announce any function or event in or at the Hire Area or Venue until the booking is confirmed. If the Event is a Public Event, tickets to the Event cannot be sold until the booking is confirmed.

SETTING UP THE HIRER’S EVENT

Event Plan and Liaison with North Shore Events Centre

7.1 Where required by North Shore Events Centre the parties will work together to develop an Event plan immediately after this Agreement has commenced. The Event plan may include among other things the Hirer’s health and safety plan for all activities undertaken within the Hire Period, a risk management plan, an evacuation plan, an Event site plan, equipment plan, a Pack-in and Pack-out plan, cleaning requirements, onsite traffic management plan, catering, security, and any other requirements that North Shore Events Centre may reasonably require. North Shore Events Centre must approve any Event plan as a condition of this Agreement no less than 30 days prior to the first day of the event.

7.2 The Hirer must immediately notify North Shore Events Centre of any changes proposed to the approved Event plan and any changes are subject to approval by North Shore Events Centre.

7.3 North Shore Events Centre will maintain overall supervision and control of the Venue during the Hire Period so as to protect the Venue. North Shore Events Centre’s supervision and control does not limit or reduce the Hirer’s responsibilities and/or liability under this Agreement.

North Shore Events Centre’s Commitment

North Shore Events Centre will:

ensure the Venue is ready and set up in accordance with the Event plan prepared under clause 7 no later than one hour before the start of the Hire Period or as set out in the Event plan;
for the Hirer’s protection, only accept changes to the items set out in the Schedules or the Event plan that are authorised by the Hirer’s Representatives;
use its best endeavours to respond to any written requests for change to the items set out in the Schedules or the Event plan within five Business Days of receiving them.

Preferred and Exclusive Suppliers

9.1 North Shore Events Centre has preferred supplier relationships with certain parties, particularly in relation to cash handling and audio visual equipment and services to the Venues. If the Hirer does not use North Shore Events Centre’s preferred suppliers, North Shore Events Centre may appoint its preferred supplier to oversee any activities undertaken by parties contracted to the Hirer to ensure that the activities meet the standards and requirements of North Shore Events Centre (acting reasonably). The costs incurred by North Shore Events Centre in making these arrangements are chargeable to and payable by the Hirer.

9.2 Requirements for security must be discussed with North Shore Events Centre before the Event. The Hirer will ensure appropriate security for the Event is engaged and provided by North Shore Events Centre’s exclusive security supplier. The Hirer must comply with clause 16.2 and Schedule 2 at all times. All costs and charges in relation to security will be payable by the Hirer as set out in Schedule 1.

9.3 North Shore Events Centre has an exclusive relationship with its Caterer as set out in Schedule 3. All costs and charges in relation to catering will be payable by the Hirer as set out in Schedule 1.

9.4 In respect of ticketing North Shore Events Centre has a relationship with a selected number of ticketing agencies, one of whom the Hirer must use for any ticketed Event.

PAYMENTS

Deposit, Hire Fee , Bond, Service Charges

10.1 The Hirer must pay North Shore Events Centre all fees set out in Schedule 1 and this clause 10 in the manner and on the dates specified in Schedule 1. All payments must be made without deduction or set off. All amounts payable are subject to change where permitted by this Agreement.

10.2 The Hirer must also pay any extra costs, expenses and charges incurred by North Shore Events Centre specifically related to the Event.

DEPOSIT

The Hirer must pay the Deposit specified in Schedule 1 at the time and in the manner specified in Schedule 1. The Deposit is a payment on account of the Hire Fee. Any Deposit due shall be 100% non-refundable unless cancelled by the Hirer in line with the terms of this agreement.

HIRE FEE

The Hirer must pay the Hire Fee specified in Schedule 1 at the time/s and in the manner/s specified in Schedule 1.

The Hire Fee shall be the amount specified as the Hire Fee in Schedule 1 except in cases where there is a Gross Revenue from Ticket Sales Percentage specified in Schedule 1. In that case, the Hire Fee will be an amount which is the greater of either:

(i) the Hire Fee specified in Schedule 1; or

(ii) an amount which is equivalent to the Gross Revenue from Ticket Sales multiplied by the Gross Revenue from Ticket Sales Percentage set out in Schedule 1, except that the Hire Fee will not exceed the Maximum Hire Fee if one is specified in Schedule 1.

Where there is a Gross Revenue from Ticket Sales Percentage specified in Schedule 1, the Hirer authorises North Shore Events Centre within the period that is 10 days before the Event to obtain a report from the Ticketing Agent for the Event stating the Gross Revenue from Ticket Sales. If at that time the Gross Revenue from Ticket Sales multiplied by the Gross Revenue from Ticket Sales Percentage set out in Schedule 1 is less than the Hire Fee, North Shore Events Centre may at its discretion require the Hirer to immediately pay the difference to North Shore Events Centre. Such a payment will be treated as a Deposit for the purposes of this Agreement.

The Hire Fee covers only the Venue hire. Service Charges are payable in addition to the Hire Fee.

BOND

The Hirer must pay the Bond specified in Schedule 1 at the time and in the manner specified in Schedule 1.

The Bond, less any amounts retained by North Shore Events Centre under this Agreement, will be repaid to the Hirer within 20 Business Days of the Pack-out Date. North Shore Events Centre may retain out of the Bond amounts (as determined by North Shore Events Centre acting reasonably) to cover Losses sustained by North Shore Events Centre. The payment of the Bond does not limit the Hirer’s liability in relation to Losses sustained by North Shore Events Centre.

If the Hirer provides a bank deposit slip amounts payable to the Hirer can be direct credited to the Hirer’s bank account.

SERVICE CHARGES

The Hirer must pay the Service Charges specified in Schedule 1 at the time and in the manner specified in Schedule 1.

The Hirer must also pay on demand any further Service Charges as determined by North Shore Events Centre (acting reasonably) for costs that arise as a result of the Event including but not limited to traffic management and parking, any alterations to the Venue’s occupancy permit, and additional cleaning of the Venue including any change rooms, toilets and showers not left in a tidy condition.

PAYMENT OPTIONS

In relation to Deposits, Hire Fees, and Service Charges for Events that are not ticketed via The North Shore Events Centre’s Ticketing Agent the following payment options are available:

cheque, provided that payment is made ten Business Days earlier than the relevant Due Date specified in Schedule 1;
direct credit, provided that payment quotes the Hirer’s booking number stated in Schedule 1 and invoice number (if applicable);

credit card, provided that North Shore Events Centre may charge the Credit Card Surcharge to the Hirer.

FAILURE TO PAY/LATE PAYMENT

Failure to pay any amount on time may lead to cancellation of the Hirer’s booking.

Late payments will incur default interest calculated at 2.5% of the Hire Fee per calendar month.

CANCELLATION BY HIRER

Once a booking is confirmed in accordance with clause 6 and the Event is subsequently cancelled by the Hirer, the following charges apply:

where the Hirer gives less than three months notice of cancellation, the Hirer will forfeit the entire Deposit.
where the Hirer gives less than 14 days notice of cancellation, the Hirer will be liable to pay the full Hire Fee within 7 days of cancellation.
where the Hirer gives less than 3 days notice of cancellation, the Hirer will be liable to pay 100% of Hire Fee and estimated Service Charges (including, but not limited to, catering charges as provided for in Schedule 3) within 7 days of cancellation.

Hire Fee and CPI – (Consumer Price Index)

11.1 The Hire Fee specified in Schedule 1 applies to only the first Event occurring under this Agreement. If this Agreement relates to Events that occur over more than one year and if a price review mechanism is not specified in Schedule 1, this clause 11 will apply in relation to a Hire Fee review for each subsequent Event as detailed below.

The Hire Fee will be reviewed for each subsequent Event on the anniversary of the first Event. The new Hire Fee and Maximum Hire Fee (if applicable) will be an amount determined in accordance with the following formula:

D = A x (B/C)

Where:

A = Hire Fee for the hireage in the year immediately preceding the review date;

B = Consumer Price Index ending on the quarter immediately preceding the review date;

C = Consumer Price Index ending on the quarter immediately preceding the date of the first Event or the date of the immediately preceding review, whichever is the later;

D = Hire Fee for the next Event following the review date –

provided that (B/C) will never be less than 1.

11.2 If a price review mechanism is specified in Schedule 1 then the Hire Fee for each subsequent Event will be increased by the greater of either the mechanism stated in:

this clause 11; or
Schedule 1.

TERMINATION

Termination

12.1 Termination by North Shore Events Centre: North Shore Events Centre may immediately terminate this Agreement either in whole or in part by notice in writing to the Hirer, if:

the Hirer fails to pay any sum of money payable to North Shore Events Centre under this Agreement on the Due Date;
the Hirer makes any incorrect or misleading statement to North Shore Events Centre that North Shore Events Centre considers is material to this Agreement, or fails to disclose any proposed activities, performances or displays that may reasonably be considered to be offensive to members of the general public;
North Shore Events Centre (acting reasonably) considers there is a real likelihood of material damage to the Venue at any time as a result of the Event or as a result of booking the Event;
the Hirer has breached this Agreement or is in default under this Agreement and, in cases where the breach or default can be remedied, the breach or default is not remedied within a reasonable time (as determined by North Shore Events Centre in its sole discretion) from the date North Shore Events Centre has notified the breach or default and requested the Hirer to remedy such breach or default;
the Hirer enters into any arrangement, composition or assignment with its creditors or becomes unable to pay debts as they fall due;
any secured creditor of the Hirer goes into possession of any business or undertaking of the Hirer either by itself or by any agent or any Receiver is appointed over any business or undertaking by the Hirer, if the Hirer (being a natural person) has an order of bankruptcy made against him or her, if an application for the liquidation of the Hirer (being a company) is made or there is a resolution or requirement that the Hirer be put into liquidation.

12.2 No termination (in whole or part) will affect the Hirer’s liability to pay any money under this Agreement. Any Deposit paid will not be refunded by North Shore Events Centre if it terminates this Agreement under this clause 12. In addition to any other remedies available to North Shore Events Centre, the Hirer will be liable to North Shore Events Centre for the amount of:

any Service Charges in accordance with the provisions of clause 10.2(g);
any decrease in the amount of any Hire Fees achieved by North Shore Events Centre from any substitute hirer of the Venue for the Hire Period or any part of it; or
any Losses suffered by North Shore Events Centre.

12.3 On termination under this clause 12 the Hirer will immediately remove all the Hirer’s property, vacate the Venue and immediately deliver to North Shore Events Centre all property belonging to North Shore Events Centre.

12.4 The Hirer will have no entitlement to claim Losses from North Shore Events Centre as a result of termination under this clause or cancellation where clauses 14 and 15 apply.

12.5 Termination will be without prejudice to North Shore Events Centre’s right to recover the Hire Fee and other money payable by the Hirer under this Agreement and without prejudice to the rights of either party against the other in respect of an earlier breach of any of the provisions contained or implied in this Agreement.

Costs

The Hirer will pay all North Shore Events Centre’s debt collection costs and its legal costs (on a solicitor/client basis) of, and incidental to, the enforcement or attempted enforcement of North Shore Events Centre’s rights, remedies, and powers under this Agreement.

Civil Defence Emergency

The Hirer acknowledges and agrees that if the Venue is an emergency welfare centre for Civil Defence purposes, and a civil defence emergency occurs, the Venue in part or in its entirety may be required for use as an emergency welfare centre without notice. In that case the Hirer will vacate the Hire Area and the Venue immediately without any right to compensation except that any payments made on account of the Hire Fee will be refunded to the Hirer.

Major Events Take Precedence

15.1 North Shore Events Centre reserves the right at its discretion to either cancel the Event or use reasonable endeavours to move the Event to an alternative date should North Shore Events Centre require the Hire Area for a Major Event in line with its applicable booking policy.

15.2 Where this clause 15 applies, no compensation is payable by North Shore Events Centre but any payments made on account of the Hire Fee or Service Charges will be either:

applied by North Shore Events Centre towards the cost of the Event on an alternative date; or
refunded to the Hirer if the Event is cancelled.

HIRER’S OBLIGATIONS

Compliance with North Shore Events Centre’s Specific Requirements

16.1 The Hirer will ensure that the use of the Hire Area by the Hirer and those persons for whom the Hirer is responsible, comply with:

the terms of this Agreement; and
any policies, procedures, guidelines and rules set out by North Shore Events Centre relating to the use, occupation, safety, services and security of the Venue, of which the Hirer will be provided a copy; and
all requests of North Shore Events Centre or any emergency services.

16.2 The Hirer must adequately supervise and control all Patrons and ensure that only persons subject to the discretion and control of the Hirer are given access to the Hire Area. North Shore Events Centre may at its discretion set security and appropriate behaviour standards or levels of supervision for the Event as set out in Schedule 2, and may direct that the Hirer engage additional security or the assistance of the New Zealand Police to achieve those standards or levels of supervision.

16.3 The Hirer must not, in or adjacent to the Venue during the Hire Period, without the prior approval in writing of North Shore Events Centre:

hawk, sell, dispose of or supply any goods or services whatsover;
bring or permit to be brought in any animal (except registered guide dogs);
alter, move or remove any fixture, fitting or furnishing;
collect any money;
conduct any game of chance, or mixed chance and skill, sweepstake or lottery without the necessary permits;
bet or wager, or permit any person to bet or wager;
erect any marquee, hut, stall or similar structure or do so contrary to any condition imposed by North Shore Events Centre;
bring or permit to be brought in any dangerous goods including glass containers, which shall only be permitted in the Venue’s function rooms. North Shore Events Centre will have the right to confiscate any glass containers;
bring or permit to be brought in any confetti;
apply or permit to be applied any chalk, resin, talcum powder or any other substances to the Venue’s floor or walls.

16.4 The Hirer must liaise with North Shore Events Centre’s nominated engineer no later than 14 days before the Event regarding any load to be applied to the roof of the Venue and must, before the Event, secure the approval of the Venue’s engineers for the Hirer’s intended use of the roof and comply with any requirements imposed by North Shore Events Centre’s nominated engineer.

16.5 The Hirer acknowledges the load limitation criteria of various Venues as follows:

any items to be attached to the roof must be approved by the venue engineer at cost to the client. Plans for all roof fixings including weight and location must be submitted to the Stadium no less than 21 days prior to the first event day.

Once approved by the venue engineer, all instructions of the venue engineer must be followed by the client and their sub-contractors or North Shore Events Centre may terminate the event without penalty.

16.6 The Hirer acknowledges that non-compliance with the limitations above or any requirements imposed by North Shore Events Centre’s nominated engineer could result in catastrophic roof failure.

Legal Compliance

17.1 The Hirer must at all times comply with all applicable New Zealand laws, bylaws, regulations, codes, standards, liquor licensing, and resource consents (including without limitation the Venue Resource Consent, all licences for public assembly, and in relation to noise control).

17.2 Without limiting the scope of this clause 17 the Hirer will:

comply with the no-smoking policy in the Venue;
comply with the fire safety evacuation scheme for the Venue;
comply with the Health & Safety in Employment Act 1992 and any regulations made under it and any policies/guidelines of North Shore Events Centre related to health and safety;
comply with the relevant requirements of the Sale of Liquor Act 1989, Sale and Supply of Alcohol Act 2012, and any liquor licence obtained for the Event;
obtain as necessary and comply with any resource consent/s required or issued for the Event;
comply with the District Plan guidelines for noise during the Event and any noise restrictions which apply to the Venue;
comply with any relevant hygiene and care requirements if animals are involved in the Event;
copyright laws.

17.3 The Hirer is liable for all costs and expenses of complying with this clause 17.

17.4 Copies of all licences, permits, consents or certificates must be provided to North Shore Events Centre not less than 10 Business Days before the Pack-in Date.

Acknowledgement and Warranties

18.1 By signing this Agreement the Hirer warrants that the Event and the use of the Venue are accurately described.

The Hirer warrants that the Venue will not be used for performance or activity that is:

of an objectionable nature; or
in breach of reasonable standards of public decency; or
likely to create a nuisance.

18.2 North Shore Events Centre reserves the right to cancel any performance or activity immediately upon written notice where in the opinion of North Shore Events Centre, acting reasonably, such performance or activity is objectionable, in breach of reasonable standards of public decency, or likely to create a nuisance.

No Inducements

The Hirer warrants to North Shore Events Centre that no form of inducement or reward has been or will be directly or indirectly provided to any of North Shore Events Centre’s staff or representatives.

No Representations by North Shore Events Centre

20.1 The Hirer is deemed to have inspected the Venue and to have become adequately acquainted with the Venue, its equipment, and Services.

20.2 The Hirer acknowledges that North Shore Events Centre has made no representation concerning the adequacy or appropriateness of the Venue, its equipment, and/or Services for the Hirer’s purposes or the Event.

Use of Venue, Property, and Storage at Hirer’s Risk

21.1 Use and occupation of the Venue by the Hirer is at the Hirer’s own risk in all cases.

21.2 North Shore Events Centre, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or loss, theft, or removal of any property brought or left by any person (including the Hirer) in any part of the Venue, including any cloakroom or dressing room. The Hirer indemnifies North Shore Events Centre, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal, or any loss sustained by any person in consequence of such damage, theft, or removal.

21.3 Equipment and/or goods stored at the Venue outside of the Hire Period may incur a storage fee.

Insurance

22.1 For all Events, the Hirer will obtain and maintain (and will produce to North Shore Events Centre not later than 10 Business Days before the Pack-in Date evidence of) public liability insurance for not less than $5,000,000 with an insurance company approved by North Shore Events Centre.

22.2 The policy must include as a named insured North Shore Events Centre and the officers, agents, and contractors of North Shore Events Centre, a cross liability clause, and will be endorsed so that the underwriters waive their rights of recourse on North Shore Events Centre and the officers, agents, and contractors of North Shore Events Centre.

22.3 The Hirer acknowledges it is an essential term of this Agreement that the Hirer complies with this clause and North Shore Events Centre will be entitled to prevent the Hirer’s Event from occurring at the Venue until the Hirer has complied with this clause.

Liability

The Hirer will be liable to North Shore Events Centre for any Losses arising as a result of:

The Hirer not complying with any matter set out in clause 16;
The Hirer’s acts or omissions or the acts or omissions of a Patron or any person for whom the Hirer is responsible;
The Hirer’s failure or the failure of a Patron or any person for whom the Hirer is responsible to comply with any provision of this Agreement or rules set out by North Shore Events Centre.

Alterations & Decorations

24.1 The Hirer must not make nor allow to be made any alterations or additions to any part of the Venue nor hang any items from the walls or ceiling (including, without limitation, decorating the Venue) or install any electrical or mechanical device without first obtaining the written consent of North Shore Events Centre.

24.2 North Shore Events Centre will inspect the Venue the next Business Day after the Hire Period ends to assess any damage. The Hirer may arrange to be present during this inspection.

24.3 If any damage occurs this will be repaired by North Shore Events Centre’s contractor at the Hirer’s cost.

24.4 The cost of making good any resulting damage to the Venue or Services to the Venue will be payable by the Hirer in addition to any other money payable under this Agreement.

Defects

The Hirer will give to North Shore Events Centre prompt notice of any incident which occurs, or any defect in the Venue of which the Hirer becomes aware.

Equipment Return and Reinstatement

26.1 The Hirer must ensure that any equipment used during the Hire Period is returned to the place it was found at the commencement of the Hire Period.

26.2 The Hire Area (including all buildings and structures, internal and external, walls, grass, hard surfaces, and any equipment) must be reinstated by the Hirer at its sole cost to at least the condition it was in immediately before the Hire Period commenced. All reinstatement must be completed within the Hire Period, after which time North Shore Events Centre may complete reinstatement on the Hirer’s behalf and at the Hirer’s cost under clause 24.3.

Sponsorship

27.1 The Hirer must discuss any sponsorship requirements for the Event with North Shore Events Centre.

27.2 The Hirer must not enter into sponsorship arrangement for the Event:

that would be materially detrimental or inconsistent with the goodwill or reputation of North Shore Events Centre and/or the Venue Images; and/or
that North Shore Events Centre determines (acting reasonably) is in conflict with or may prejudice any existing or prospective sponsorship arrangements of North Shore Events Centre.

Electricians / Electrical Devices and Leads

The Hirer will ensure that:

its electrical contractors comply with the requirements of North Shore Events Centre; and
any electrical devices used at the Venue are used in a manner which complies with North Shore Events Centre’s requirements, and the Hirer will indemnify North Shore Events Centre for any Losses which occur as a result of a breach of this clause.
Representatives

The Hirer must confirm the name and contact details of the Hirer’s Representatives to North Shore Events Centre on signing of this Agreement. The Hirer’s Representatives must have the authority to direct all and any of the Hirer’s employees, agents, contractors or invitees, must be contactable by North Shore Events Centre at all times during the Hire Period and must be at the Venue during the Event and have authority to authorise Event-related expenses.

Hirer’s Publication and Venue Images

30.1 The Hirer acknowledges that the high quality and accuracy of the Hirer’s Publications and the proper, correct use of the Venue Images are important to the continuing success of North Shore Events Centre, the Venue, and events conducted there, and to the reputation and image of North Shore Events Centre and the Venue and its facilities. Accordingly, the Hirer agrees:

not to use or distribute any Hirer’s Publications containing Venue Images unless they are first approved by The North Shore Events Centre;
to ensure that the Hirer’s Publications show any approved Venue Images accurately, without any abbreviations or other representations in substitution for them;
that if the Hirer proposes to sell or issue tickets for the Event, to include in all promotional material containing Venue Images any detail North Shore Events Centre reasonably requires (such as the Venue opening hours and a map showing the location of the Venue);
to ensure that any person for whom the Hirer is responsible complies with sub-clauses (a) – (c) inclusive.

30.2 North Shore Events Centre agrees to act reasonably when asked for its approval in relation to any matter contemplated by this clause 30 and to treat as confidential any material given to North Shore Events Centre for its approval.

31.1 In using the Venue the Hirer will not infringe or breach any copyright or permit or allow any copyright to be infringed by any person for whom the Hirer is responsible. The Hirer will obtain and comply with the terms of any licence required from any holder or owner of copyright which is required for the Event or for any performance related to the Event.

31.2 The Hirer will indemnify North Shore Events Centre if North Shore Events Centre suffers any Losses as a result of the Hirer or any person for whom the Hirer is responsible breaching the obligations stated in this clause.

Broadcasting and Filming

32.1 The Hirer will not make (or permit the making of) any audio and/or audio visual recording and it will not grant broadcasting or filming rights related to Event without the prior written consent of North Shore Events Centre. North Shore Events Centre may impose conditions and requirements on the Hirer incidental to the giving of consent under this clause. Cameras may be brought into and used inside the Venue for private (but not commercial) purposes.

32.2 North Shore Events Centre will not be responsible for any consequences arising from any matter contemplated by this clause 32 (including allegations of breach of privacy or infringement of intellectual property by a third party) and the Hirer will indemnify North Shore Events Centre for any Losses suffered in connection with any matter contemplated by this clause 32.

Performing Rights

The Hirer is solely responsible for obtaining all necessary consents from all persons interested in the copyright or performing rights of any matter used by the Hirer. The Hirer will indemnify North Shore Events Centre if North Shore Events Centre suffers Losses as a result of the Hirer or any person for whom the Hirer is responsible breaching the terms of this clause.

Communications/Statements

34.1 The Hirer will not make any announcements, publicity, statements or disclosures about any matter related to this Agreement, including, by way of example only, North Shore Events Centre, North Shore Events Centre’s staff, contractors or service providers, the Venue and its facilities, except in a form and manner acceptable to North Shore Events Centre or as may be required by law.

34.2 Before the Hirer communicates with any neighbours of the Venue, the information to be provided must be approved by North Shore Events Centre and North Shore Events Centre reserves the right to have that information and communication sent by North Shore Events Centre itself (as opposed to the Hirer), and to be present in any meetings between the Hirer and any neighbours of the Venue.

34.3 Despite anything else in this Agreement, North Shore Events Centre reserves the right to provide the Hirer’s details to any industry, regulatory or law enforcement authority in connection with any aspect of the Event as it sees fit.

NORTH SHORE EVENTS CENTRE’S RIGHTS AND OBLIGATIONS

North Shore Events Centre’s Access to and Control of the Venue

35.1 North Shore Events Centre is entitled to enter the Venue at any time (without notice) for any reasonable purpose related to North Shore Events Centre’s business (but not to attend the Event as a Patron). Such access will be carried out without undue interference with the Hirer’s use of the Venue.

35.2 North Shore Events Centre has its own Venue security pass which all North Shore Events Centre’s staff associated with operating the Venue during the Event will wear at all times. Alternatively, the Hirer can provide North Shore Events Centre with the relevant Event passes free of charge for its staff during the Event.

35.3 The Hirer will ensure that all gate and security staff are aware of the relevant passes and arrange for the appropriate free access for North Shore Events Centre.

35.4 Despite anything else in this Agreement, North Shore Events Centre specifically reserves the right to:

enter every part of the Venue including the Hire Area at any time and to refuse admission to, or remove from, the Venue or the Hire Area any Patron or person; and/or
close the Venue or the Hire Area for the purpose of ensuring the safety of those present. If North Shore Events Centre closes the Venue or the Hire Area for this purpose, any charges payable by the Hirer will be determined in the sole discretion of North Shore Events Centre.

Duty Manager

36.1 North Shore Events Centre will provide a Duty Manager during the Hire Period. The Duty Manager represents North Shore Events Centre and oversees use of the Venue during the Event. The Hirer must comply with all requests made by the Duty Manager.

36.2 If North Shore Events Centre (acting reasonably) considers that there are any conditions in relation to the Event or associated with the Event which are unsafe or which could cause harm it will inform the Hirer or the Hirer’s Representatives and prompt action will be taken by the Hirer to rectify the concern.

36.3 If the Duty Manager considers that the action taken by the Hirer is inadequate then the Duty Manager may, at the Hirer’s expense, remove Patrons or people, vehicles or any other property from the Venue, or refuse any Patron or person access to the Venue. The Duty Manager is also responsible for completing a site inspection before opening the Hirer’s Event to the public. If an area is found to be unsafe such area cannot be opened to the public until it has been made safe.

36.4 Any difficulties the Hirer has with North Shore Events Centre’s safety procedures must be discussed before the Pack-in Date.

36.5 Emergency procedures take priority over all other arrangements.

36.6 North Shore Events Centre may, at the Hirer’s cost, require any Patron or person or Patrons or group of people to leave the Event or may terminate the Event if a situation arises or is likely to arise that in the opinion of the Duty Manager (acting reasonably):

will unreasonably impede or adversely affect the enjoyment of other people at or around the Venue, or put people at risk; or
will cause loss or damage to the Venue or any property or is likely to do so; or
will breach any term of this Agreement or any law or bylaw; or
where Patrons are intoxicated, unruly, or violent.

36.7 The provision of a Duty Manager does not limit or reduce the Hirer’s responsibilities or liability under this Agreement.

Parking

37.1 For all Public Events, North Shore Events Centre will manage the on-site parking for the Event and may charge a fee for public parking on-site and North Shore Events Centre will be entitled to retain as its revenue all fees charged. Event staff may park at no charge on presentation of the correct parking accreditation.

37.2 If:

North Shore Events Centre does not charge a fee; or
the costs associated with the management of the parking exceed the total fees received by North Shore Events Centre –

then North Shore Events Centre will charge to the Hirer the costs (or the balance of such costs as applicable) of management of the on-site parking.

37.3 For Private Events North Shore Events Centre may choose whether it manages the parking on-site or whether it will requires the Hirer to do so. If North Shore Events Centre requires the Hirer to manage the parking on-site then the Hirer will follow North Shore Events Centre’s reasonable directions and all policies, procedures or guidelines of North Shore Events Centre relating to the same.

37.4 Vehicles must not be parked and bicycles must not be left in any of the exit ways of the Venue. North Shore Events Centre, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or the loss, theft or removal of, any vehicle or bicycle (including those of the Hirer). The Hirer indemnifies North Shore Events Centre, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal or any loss sustained by any person that is the consequence of such damage, theft, or removal.

Cleaning & Waste Management

38.1 North Shore Events Centre has exclusive rights to all commercial cleaning of the Venue. The Venue will be cleaned thoroughly after the Event and all costs of cleaning will be on-charged to the Hirer as part of the Service Charges if stated in Schedule 1 or otherwise as specified in this Agreement.

38.2 The Hirer acknowledges that if, as a result of the Event or the Hirer’s hire of the Venue, the Venue requires extraordinary cleaning then North Shore Events Centre reserves the right to charge an additional amount reflecting the additional costs and expenses incurred by North Shore Events Centre related to such extraordinary cleaning.

Publicity

Subject to North Shore Events Centre complying with relevant privacy laws and any reasonable requirements of the Hirer (including North Shore Events Centre obtaining releases from any person who will be recorded or photographed), where the Event is a Public Event, North Shore Events Centre reserves the right to record and/or photograph any Public Event for its own historical records and for its own publicity purposes.

Signage

The Venue has specific locations for any signage to be placed. The Hirer must not affix, paint, or exhibit any name, sign, name-plate, signboard, or advertisement of any description within, on or to the Venue without the prior written approval of North Shore Events Centre. For this purpose the Hirer will submit a proposal for any such display (including sponsor and wayfaring signage) to North Shore Events Centre for its approval including a copy of the proposed sign, notice or advertisement. Use of Venue signboards is subject to availability. Incorrect details on signage may result in the Hirer having to replace signage with the correct name or details at the Hirer’s cost.

Redevelopment of the Venue

41.1 North Shore Events Centre may undertake redevelopment of the Venue without reference to the Hirer. The licence granted to the Hirer under this Agreement does not give the Hirer any rights in relation to the Venue other than the rights specifically provided in this Agreement. Such redevelopment may involve building demolition and/or construction and the closure of parts of the Venue or access restrictions during the Hire Period.

41.2 North Shore Events Centre will advise the Hirer of any development that may affect the Event.

Destruction or Damage to the Venue

If the Venue or any portion of the buildings, car parks or grounds which form part of the Venue will be destroyed or so damaged as to render the Venue unusable in the opinion of North Shore Events Centre then the licence for the Event affected will immediately terminate, without affecting the application of this Agreement for future Events. Any termination under this clause will be without prejudice to the rights of either party against the other. The provisions of clause 12 do not apply to termination under this clause 42.

Claims against North Shore Events Centre/North Shore Events Centre’s Liability

43.1 North Shore Events Centre will not be responsible to the Hirer for any act, omission, default or neglect of any other hirer, tenant, licensee, service provider, contractor, agent, representative or Patron of the Venue.

43.2 The Hirer agrees that it cannot make a claim against North Shore Events Centre and/or North Shore Events Centre’s employees and/or representatives unless the claim is made before the date falling 20 Business Days following the Pack-out Date.

43.3 The Hirer agrees that North Shore Events Centre’s liability under this Agreement is at all times limited to an amount equivalent to the Hire Fee, or in cases where this Agreement relates to multiple Events the Hire Fee payable in relation to the first Event. Each of North Shore Events Centre’s employees and representatives is also to enjoy the benefit of this provision.

North Shore Events Centre’s Reserved Tickets

44.1 If the Event is a Public Event then, the Hirer will, free of charge, provide North Shore Events Centre with the number of Reserved Tickets specified as North Shore Events Centre’s Reserved Tickets in Schedule 1.

44.2 If the number of North Shore Events Centre’s Reserved Tickets is not stated in Schedule 1, the parties will agree before the Event the number of North Shore Events Centre’s Reserved Tickets to the Event. In all cases the parties will agree the seating location for North Shore Events Centre’s Reserved Tickets before the Event.

44.3 North Shore Events Centre will be entitled to sell North Shore Events Centre’s Reserved Tickets at its discretion and retain the whole of the proceeds from sale of such tickets.

44.4 The parties will act reasonably in relation to the matters contemplated by this clause 44. In the case where the parties cannot agree, clause 48 will apply.

Hosting

45.1 If the Event is a Public Event, then unless otherwise specified in Schedule 1 North Shore Events Centre is entitled to host guests in a room within the Venue determined by North Shore Events Centre (after consultation with the Hirer) before, during and after the Event.

GENERAL PROVISIONS

Assignment

North Shore Events Centre may assign this Agreement but the Hirer may not assign, transfer, mortgage or charge the Hirer’s interest in this Agreement, sub-license or grant any other person any rights in respect of the Venue or this Agreement.

GST Clause

47.1 All amounts stated in this Agreement are exclusive of Goods and Services Tax (“GST”). The Hirer will pay all GST payable in relation to any fees, charges or other amounts payable by the Hirer under this Agreement and GST will be paid by the Hirer when any fees, charges or other amounts are due for payment by the Hirer under this Agreement. Where any GST is not paid by the Hirer in accordance with this clause the Hirer will pay Default GST. It will not be a defence to a claim against the Hirer for payment to North Shore Events Centre of Default GST that North Shore Events Centre failed to mitigate North Shore Events Centre’s loss by not paying an amount of GST when it fell due under the Goods and Services Tax Act 1985.

47.2 For the purposes of this clause, “Default GST” means any interest, or late payment penalty, or other sum imposed on North Shore Events Centre under the relevant taxation legislation by reason of non payment of the GST payable in respect of the supply made under this Agreement but does not include any such sum levied on North Shore Events Centre by reason of default by North Shore Events Centre after payment of the GST to North Shore Events Centre by the Hirer.

Disputes

48.1 If a party believes that there is a dispute in relation to this Agreement, it will first notify the other party in writing giving details of the dispute. The dispute will then be promptly referred to a senior representative of each party for resolution. Pending resolution of the dispute, both parties will continue to perform all their obligations under this Agreement.

48.2 If the dispute remains unresolved 15 Business Days after the meeting of senior representatives referred to above, then within a further 5 Business Days the senior representatives will try to agree a process for resolving the dispute, such as further negotiations, mediation, independent expert determination, or mini-trial, but no arbitration or litigation.

48.3 Nothing in this clause 48 will prevent any party commencing any legal proceedings for injunctive relief.

Notices

49.1 Anything required to be given in writing under this Agreement must be in writing and delivered personally to the recipient or be posted to the recipient at the address, facsimile number or email address stated in Schedule 1 or as designated by the recipient in writing to the other from time to time.

49.2 Anything sent is deemed to be received:

if sent by post the next Business Day after posting;
if sent by facsimile on sending to the recipient’s facsimile number;
if sent by email on sending to the recipient’s email address.

Survival

The rights and obligations of the parties under this Agreement which by their nature extend beyond the expiry or termination of this Agreement and in particular any right to damages, remain in effect beyond such expiry or termination until fulfilled and are enforceable by the parties’ administrators, successors and assigns.

Waiver

No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.

Governing Law

This Agreement will be exclusively governed by the law of New Zealand.

Force Majeure

53.1 Either party to this Agreement may be excused from performing its obligations under this Agreement to the extent it is prevented from doing so because of an event of Force Majeure and will not be held liable for any loss of income or costs incurred by the other party.

53.2 If either party wishes to claim the benefit of an event of Force Majeure, it will give the other party prompt written notice of the event, and specifying the effect on this Agreement. The parties’ obligations will resume on the cessation of the event of Force Majeure and the parties will negotiate in good faith any adjustments required to take account of the event of Force Majeure.

Amendments/Variations

Subject to any express clause in this Agreement to the contrary, no amendment or variation to this Agreement is effective unless it is in writing and signed by all parties.

Entire Agreement

The Agreement constitutes the entire agreement of the parties about its subject matter and any previous agreements (whether written or oral), representations, conditions or warranties on that subject matter will cease to have effect.

Implied Terms and Conditions Excluded

The parties agree that to the fullest extent permitted by law, no warranties or guarantees or other terms are to be implied into this Agreement, including under the Consumer Guarantees Act 1993, the Sale of Goods Act 1908 or otherwise.

Paramountcy

If there is any conflict between these General Terms and Conditions and the Schedules, the Schedules (and any other specific terms of hire detailed within those Schedules) will prevail.

Relationship between the Parties

Nothing in this Agreement will create any partnership, joint venture, agency or trust relationship between the parties, and a party may not make, or allow to be made, any representation that such relationship exits between the parties. A party will not have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in this Agreement.

Signature by Company

If any person enters into this Agreement on behalf of an incorporated entity then:

that person confirms it has the power and authority to enter into this Agreement on behalf of that entity;
that person confirms that he/she signed this Agreement in accordance with the constitution of the entity and any legislation governing the entity;
that person confirms that the entity has resolved to enter into this Agreement and this Agreement is binding on the entity.

Counterparts

This Agreement may be signed in any number of counterparts and may be exchanged by facsimile, email and other electronic means.

Severability

If any provision of this Agreement is or becomes unenforceable, illegal, or invalid for any reason then the relevant provisions will be deemed to be modified only to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provisions will be severed from this Agreement, without affecting the enforceability, legality or validity of any other provision of this Agreement.

Confidentiality

62.1 The parties will treat the Hire Fee and Service Charges as confidential information under this Agreement.

62.2 Any discounts, sponsorship, contra, or provision of any similar support that is offered or provided to the Hirer by North Shore Events Centre in connection with the Event are strictly confidential and may not be disclosed by the Hirer to any third party. In addition to any other remedy that North Shore Events Centre may have under this Agreement, in the event that the Hirer breaches this clause 62.2 North Shore Events Centre may claim Losses or other damages from the Hirer commensurate with the particular breach of this clause 62.2.

62.2 In carrying out the obligations of this Agreement either of the parties may disclose to the other party confidential or commercially sensitive information (“Confidential Information”). The parties must at all times keep confidential, treat as privileged, and not directly or indirectly make or allow any disclosure or use to be made of any Confidential Information, except to the extent:

required by law;
necessary to obtain the benefit of, or to carry out obligations under, this Agreement but for no other purpose whatsoever; or
that the information is or becomes available in the public domain without breach by any of the parties of their confidentiality obligations under this clause or at law; or
that the parties to this Agreement otherwise agree in writing.

62.3 Without limiting clause 50, this clause 62 will survive termination or expiration of this Agreement.

Amendment to General Terms and Conditions

Notwithstanding any other provision to this Agreement, including clause 54, North Shore Events Centre may vary or amend these General Terms and Conditions and/or any policies, procedures, guidelines and rules set by North Shore Events Centre relating to the use, occupation, services, safety and security of the Venue provided that:

North Shore Events Centre has given the Hirer written notice not less than 30 Business Days before the variation or amendment taking effect; and
the variation or amendment does not derogate from the rights granted to the Hirer as at the date this Agreement was executed.

HIRE AND USE

SETTING UP THE HIRER’S EVENT

PAYMENTS

Hire Fee and CPI – (Consumer Price Index)

TERMINATION

HIRER’S OBLIGATIONS

NORTH SHORE EVENTS CENTRE’S RIGHTS AND OBLIGATIONS

GENERAL PROVISIONS

Event Information

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