Terms and Conditions of Hire:

Please ensure Basestation knows of all your requirements before your booking is confirmed.

1 - DEFINITIONS

Room Hire Agreement: Means the form completed online, together with these terms and conditions.

Event: Means the purpose for which the room is to be hired as described by you in the Room Hire Agreement.

Licensee: Means the person named as Licensee in the Room Hire Agreement and is referred to as “you” in these terms and conditions.

Venue: Means the Basestation event space room and facilities, including but not limited to, equipment, art work, exhibits, items of furniture, fittings, fixtures and chattels, at Basestation, 148 Durham Street, Tauranga.

GST: The Room Hire Price quoted above is exclusive of GST. GST is payable on all room hire.

2 - NATURE OF THE EVENT

2.1 By signing the Room Hire Agreement you warrant and agree that the Event is accurately and comprehensively described in the Room Hire Agreement.

2.2 You also warrant and agree that the Venue will not be used by you for any activity that is of an objectionable nature, is in breach of reasonable standards of public decency or is likely to create a nuisance.

3 - TERMS OF PAYMENT

3.1 You, the Licensee, will pay Basestation the Room Hire Price for the hire of the Venue. The Room Hire Price must be paid within 7 days after receipt of an invoice from Basestation. Payment may be made by eftpos at the premises, online credit card payment (following link on invoice) or online banking. Credit card fees may apply.

3.2 We reserve the right to charge interest at 2.5% per month and to charge a late payment penalty of 10% on any overdue accounts. If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal of 25% of the unpaid portion of the price. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and be enforceable by our debt recovery agency under the contracts (Privacy) Act 1982.

4 - ADDITIONAL CHARGES

4.1 In addition to the Room Hire Price, you will be charged for:

4.1.1 any damage to the Venue during the Hire Period caused by you, or arising due to you or your guests lack of care or any other breach of these terms and conditions;

4.1.2 any theft of Basestation’s property from the Venue during the Hire Period;

4.1.3 any extra cleaning, rubbish removal, repair or reinstatement of the Venue that Basestation reasonably considers is required after your Event; and

4.1.4 any costs, losses or expenses Basestation incurs due to any breach or non-observance by you of these terms and conditions.

4.2 You will be invoiced for any additional charges incurred by you in accordance with clause 4.1, such charges to be payable immediately by you.

5 - USE OF THE VENUE

5.1 You are responsible for greeting your visitors in the cafe/front reception area and directing them to the room you have hired. If you would like this service to be provided by Basestation please enquire with Basestation staff prior to the event. This service is subject to staff availability and a fee may be charged.

5.2 You may only use the Venue in accordance with the description of the Event and/or Venue use provided by you to Basestation.

5.3 You shall remove all goods brought to the Venue at the end of the Event, and must leave all equipment, facilities and the Venue in good, clean and tidy order, ready for use by Basestation or other authorised user.

5.4 You shall ensure that all persons attending the Event have vacated the Venue at least fifteen minutes prior to the end of the Hire Period and that you, your employees, agents or contractors have vacated the Venue by the end of the Hire Period.

5.5 The maximum number of people that can be admitted to your Event is as per the Booking details. You must ensure that the number of people in the Venue does not exceed the maximum number. You, the Licensee, will be liable for any fines or costs that Basestation may incur if the maximum number is exceeded.

5.6 Basestation, when possible, will have one staff member present at the Venue for the duration of the Hire Period. However, if it is not possible for Basestation to provide a staff member for the Event, it is the Licensee’s responsibility to ensure the security of the Venue is maintained up until the point where the Venue has been locked (after hours) and the Licensee has been formerly signed off, bringing this Room Hire Agreement to an end. Any negligence by you in maintaining the security of the Venue will result in you being liable in accordance with clause 4 of this Room Hire Agreement.

5.7 In respect of the Venue (except with the express written permission of Basestation to do otherwise), you must:

5.7.1 protect all floors, walls and doors at all times, including for example, during the installation and removal of any equipment.

5.7.2 take proper care of the Venue and ensure that no damage occurs;

5.7.3 not sell alcohol at or outside the Venue unless you have obtained an appropriate liquor licence and duty manager. If you are not sure whether you need a licence, you should check with the District Licensing Authority. Where liquor is provided, food and non-alcoholic drinks must also be provided. You, the Licensee, will be liable for any fines or costs that Basestation may incur from your Event not meeting liquor licencing requirements;

5.7.4 not smoke anywhere inside the Venue. Smoking is only permitted outside the Venue;

5.8 If any damage is caused to the Venue or any art work, exhibit, item of furniture, fitting, fixture, or chattel within the Venue, you must immediately notify a Basestation staff member of the damage in order that Basestation can arrange for the damage to be repaired, such repair to be at your cost in accordance with clause 4 of this Room Hire Agreement.

6 - HEALTH AND SAFETY

6.1 The health and safety of all Event attendees is an area of shared responsibility between you and Basestation. Basestation staff will consult with you prior to the commencement of the hire period to clarify these responsibilities, ensure all health and safety requirements are met, and plans are consistent.

6.2 Basestation has health and safety procedures for the use of the Venue and general emergency responses. Basestation will provide you with details of these procedures prior to the commencement of your Event.

6.3 You are responsible for keeping an up to date list of attendees attending your event at Basestation. In case of emergency, you are responsible for ensuring all attendees and you, your employees, agents or contractors of your event are vacated in accordance with clause 6.2.

7 - LIABILITY

7.1 You indemnify Basestation (and Basestation employees or agents) against all claims, demands, losses, damages, costs and expenses arising from your use or hire of the Venue or any breach of any of these terms or conditions.

7.2 Basestation is not responsible for loss or damage to any of your property in or around the Venue.

7.3 Basestation is not liable for any loss or expense that you incur if Basestation is not able to make the Venue available to you as a result of fire, flood, earthquake, failure or other unavailability of any building services or other event beyond Basestation’s reasonable control.

7.4 Basestation shall not be liable to you, under contract or the law or tort or otherwise, for any indirect or consequential loss arising under or in connection with this Room Hire Agreement. The extent of Basestation’s liability to you under or in relation to this Room Hire Agreement for any loss, damage, claim or expense (whether due to Basestation’s negligence or otherwise) is limited to the Room Hire Price.

8 - CANCELLATION OF EVENT

8.1 If you cancel the Event within 3 days of the Hire Period, Basestation reserves the right to charge the full Room Hire Price. All cancellations must be notified by email or writing.

8.2 Basestation may cancel your booking and this Room Hire Agreement if Basestation reasonably considers that the staging of the Event or the nature of the Event will, or might, contravene any statute, order, regulation, bylaw, rule of law or any other requirements of a public or local authority, or otherwise be in breach of these terms and conditions or reasonable standards of public decency. Where it becomes apparent that the nature of the Event does so contravene, and such contravention is not apparent from the description of the Event set out in this Room Hire Agreement or otherwise as described by you, the cancellation shall be deemed to be a cancellation by you and clause 8.1of this Room Hire Agreement shall apply.

8.3 Basestation may cancel the Event if it reasonably considers that the management or control of the Event is deficient or inadequate and/or the behaviour of the guests or attendees of the Event is such that could lead to danger or injury to any person or material damage to any property, including the Venue itself.

9 - REFUSAL OF ADMISSION

9.1 Notwithstanding any other provision contained in these terms and conditions, Basestation may refuse admission to any person or require any person attending the Event to leave the Venue at the sole discretion of any Basestation staff member if that Basestation staff member reasonably believes that any person:

9.1.1 Is affected by drugs or alcohol; or

9.1.2 Is behaving in an indecent or disorderly manner; or

9.1.3 Annoys or is offensive to any other person at the Event (including any Basestation staff member); or

9.1.4 Willfully damages or destroys any part of the Venue; or

9.1.5 Is a risk to the safety of others, the safety of the Venue or any property within the Venue; or

9.1.6 Fails or refuses to comply with any lawful request of a Basestation staff member.

10 - GENERAL

10.1 You must comply, at your own expense, with all applicable statutes, regulations, bylaws, consents, these terms and conditions and Basestation’s policies and procedures as they relate to the use, occupation, safety and security of the Venue.

10.2 You cannot transfer any of your rights or obligations under this Room Hire Agreement.

10.3 These terms and conditions shall apply to you, your employees, agents, contractors, guests and invitees and you are responsible for ensuring compliance by such persons with these terms and conditions.

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Written by

Pascale Hyboud Peron