Studio Hire Terms and Conditions Please review the following terms and conditions (including Special Terms and Conditions Relating to COVID-19) concerning your hire and use of a Brand X venue. A. SPECIAL TERMS AND CONDITIONS RELATING TO COVID-19 Brand X considers the health and safety of its artists, staff, hirers and their guest our highest priority. In response to COVID-19, the Hirer must (and must ensure its agents and invitees (“participants”)): Stay at home if they are feeling unwell (no cancellation fees will apply for illness). Only permit a maximum of 84 people (excluding staff) in the venue at any one time - the Meeting Room at ESCAC is limited to 9 people. Maintain physical distancing by remaining 1.5 metres apart (or 2sq metres when working on the rehearsal floor). Coordinate with participants staggered entry and exit times to comply with physical distancing protocols. Register all participants and the Hirer (every time) in the space by following the instructions located at the studio’s entrance. Check that all participants are feeling well and that they have successfully registered their attendance in the venue. Sanitize hands and all surfaces touched (light switches, chairs, sound systems) using the sterilizing products supplied and dispose of all wipes in the bins provided. Do not provide any shared equipment (yoga mats, paper handouts) but encourage all participants to bring their own equipment or access information online via their handheld devices. Minimise indoor socialising before and after the booking (participants are welcome to talk outside). Minimise use of our bathrooms/changeroom by coming to the space prepared/dressed. Do not use our kitchen and utensils - so please bring own water and snacks. If possible, work with the windows open to ensure clean and fresh airflow. Clean the venue at the end of the Hire Time and return the space to its condition prior to use by the Hirer and participants. Contact Brand X if cleaning supplies need to be restocked at [email protected] Follow all instruction that may be given by the Brand X Safety Officer (venue manager) or any government authority. Contact [email protected] if the Hirer or a participant suspects they have been in contact with a confirmed case of COVID-19. We recommend self-quarantine immediately and seeking medical advice. If the Hirer or a participant needs medical assistance, call the NSW Health Department Helpline on 1300 066 055, or in an emergency, visit the local hospital emergency department (it is recommended that call be made in advance). A copy of our COVID-19 Safety Plan is located in this venue. We recommend all users to have downloaded the government’s COVIDSafe app and to not switch off their devises while in the venue but consider “flight mode” with Bluetooth activated. Grant of licence to use Venue In consideration of the Hirer paying the Hire Fee, Brand X hereby grants the Hirer a non-exclusive licence to occupy and use the Venue on the Hire Date and for the Hire Time set out in the Schedule. The rights granted to the Hirer are in the nature of a non-exclusive licence only and nothing in this Agreement grants the Hirer any right of tenancy or exclusive possession of the Venue or the Building. Payment of Hire Fee, Hourly Rate, Costs and Cancellation The Hirer must pay the Hire Fee as per terms instructed on the invoice provided. Brand X will not be obliged to licence the Venue to the Hirer and may licence the use of the Venue to another party if the entire Hire Fee is not paid in accordance with sub-clause 2 (a). If the Hirer has not paid the balance of the Hire Fee up to 48 hours prior to the Hire Date then the Hirer is deemed to have cancelled its booking. The Hirer must notify Brand X if it wishes to cancel its booking and if the cancellation is: up to 48 hours prior to the Hire Date then half the Hire Fee is forfeited to Brand X and the balance of the Hire Fee paid by the Hirer will be refunded to the Hirer; or within 48 hours prior to the Hire Date then the entire Hire Fee is forfeited to Brand X. If the Hirer occupies the Venue prior to or after the Hire Time then Brand X shall be entitled to charge the Hirer, and the Hirer will be liable to pay Brand X, the Hourly Rate Fee set out in the Booking and pro rated for any part of an hour that the Hirer may so occupy the Venue. In addition to payment of the Hire Fee and the Hourly Rate Fee (if applicable), and any other rights that Brand X may have arising from this Agreement, the Hirer must pay to Brand X all costs for any damage to the Venue or the Building or the equipment and facilities located therein, any cleaning and reconfiguration of security devices required because of the use of the Venue by the Hire. Obligations of the Hirer must only use the Venue for the Purpose and during the Hire Time set out in the Schedule and not sub-lease, sub-licence or otherwise permit any other party to use the Venue other than the Hirer’s agents, employees and invitees; must not sell goods or services, carry on any activity at the Venue which is dangerous, noxious, offensive, illegal, noisy or objectionable, use the Venue as a place of public entertainment or have any live music at the Venue without prior consent; must ensure that neither the Hirer, its agents nor its invitees interfere with the use of the Building by any other person and do not enter any parts of the Building except the Venue, bathroom/kitchen facilities and those areas reasonably required to access the Venue and enter and exit the Building; must clean the Venue, remove all rubbish from the Venue and the Building attributable to the Hirer’s use and return the Venue to its condition prior to its use by the Hirer; must not use, modify or take any equipment belonging to other Hirers that may be stored or placed within the Venue or the Building without first obtaining the consent of Brand X; must not bring into the Building or the Venue any heavy equipment or machinery nor attach or affix any nails, screws, adhesive tape, signs or anything to the walls, doors, ceilings and floors of the Venue and the Building without obtaining the written consent of Brand X and, if such consent is given with any conditions, then the Hirer must comply with those conditions; must not park any vehicles within or upon any entrance to the Building nor block any doors or entrances/exits to the Venue and the Building; must remove all equipment brought by the Hirer into the Venue, make good any damage to the Venue or the Building caused by the removal, ensure that the Venue and the Building are secure upon the Hirer’s departure; must not interfere with, affix or alter any emergency exit signs, fire doors, emergency exits, fire extinguishers, fire sprinkler systems, lighting, electrical and utilities cables and conduits, sound systems or any equipment or materials located throughout the Venue or the Building; is responsible for the conduct and behaviour of all employees, agents and invitees of the Hirer and the loss of any of their property, personal items or equipment; pending the nature of the venue, and at Brand X‘s discretion, the Hirer must either engage or be charged for the engagement of a qualified Security Guard if the anticipated crowd for an event exceeds 200 people. The Security Guard must be engaged for the entire period of the event and take direction from Brand X Management throughout the event. The Security Guard must arrive 30 minutes before the commencement of the event and report to Management with proof of qualification; acknowledges that it must respect the quiet enjoyment of the neighbourhood within which the Building is located and local residents and the quiet enjoyment of the Building that other Hirer’s may enjoy and ensure that all persons leaving the Venue do so in an orderly and quiet fashion; in consideration of local residents and the invitees of the Hirer, must keep amplified noise to an acceptable and appropriate level and, in any event, at a level no greater than 5 decibels from outside the Building or such other level as Brand X or any Authority may prescribe from time to time; must deal with any noise complaint by a neighbour of the Building in a proper and professional manner and adhere to any direction that may be given by any Authority or Brand X before, during or at the conclusion of the Hirer’s use of the Venue; must maintain a policy of public liability insurance for its use of the Venue with coverage of $20 million per event and supply Brand X with a copy if requested either before or after the Hire Date; and must comply with any general Venue use information or reasonable direction provided by Brand X to the Hirer at any time. Bond As security for performance of the Hirer’s obligations under this agreement, Brand X can require the Hirer to deposit a bond for the amount set out as a Bond in the Booking. Brand X can deduct from the Bond all monies required to rectify any breach of this Agreement by the Hirer including but not limited to any of the costs referred to in clause 2(e) of this Agreement. After deduction of all costs Brand X is entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account nominated by the Hirer in the Schedule as soon as practicable following the Hirer’s use of the Venue. Indemnity by Hirer The Hirer indemnifies Brand X for any injury, costs, loss or damage arising out of the use of the Venue and/or the conduct of the Hirer, its employees, agents and invitees (including legal costs in a solicitor/client basis, damage to the Venue, the Building or the facilities located within the Building and injury, costs, loss or damage arising from failure by the Hirer to comply (or ensure compliance with) the Special Terms and Conditions relating to COVID-19 in Clause A) except where such injury, costs, loss or damage arises by the negligence of Brand X. Provision of services The Hirer is responsible for providing all production, catering, security and cleaning services required in connection with its use of the Venue. Risk of Hirer and liability of Brand X The Hirer occupies the Venue entirely at its own risk. Brand X shall not be liable to the Hirer or its employees, agents or invitees for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of the Venue by the Hirer or the conduct of the function for which the Venue is hired, unless caused by reason of an act or omission of Brand X. In no event shall Brand X be liable for loss of profit or consequential damages in contract, warranty or otherwise to the Hirer arising from cancellation of the booking or otherwise. Termination Brand X may terminate this Agreement immediately upon giving notice to the Hirer and/or cause the use of the Venue by the Hirer to immediately cease if: the Hirer breaches any provision of clauses 2, 3 or 4 of this Agreement which are fundamental terms of this Agreement; the Hirer substantially alters the use for which the Venue is hired without the prior written consent of Brand X; Brand X becomes aware of conditions under which the Hirer’s use of the Venue could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage to the Venue, the Building or the neighbouring surrounds; or the Hirer or anyone associated with the Hirer makes, in the opinion of Brand X, disparaging or defamatory remarks whether written or oral in regard to Brand X, any member of the Management or Board of Brand X, the Building, or the Venue. and the Hirer must comply with all directives given by Brand X and/or any Authority arising from the above circumstances. Force majeure Performance of this Agreement is contingent upon the ability of Brand X to complete same and Brand X will not be liable to the Hirer for any failure to provide the Venue or utility services to the Venue due to causes which are beyond the reasonable control of Brand X. No Warranty from Brand X Brand X gives no warranty that the Venue will be suitable for the use for which the Venue is intended to be hired by the Hirer and Brand X will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of the Venue proving not to be adequate for the Hirer’s use and purposes. Law This Agreement is governed by the laws of the State of New South Wales. The persons signing this Agreement warrant they are authorised to legally bind the respective parties on whose behalf they have signed this Agreement.