- The submission of a Venue Hire Application Form does not form an agreement between Sydney Institute of Health Sciences Pty Ltd trading as Sydney Institute of Traditional Chinese Medicine (“SITCM”) and the Hirer unless and until SITCM accepts the application by informing the Hirer of such acceptance through a confirmation email.
- On formation of an agreement between SITCM and the Hirer, SITCM grants the Hirer a temporary non-exclusive licence to use the room(s) on the specified date(s) at the specified time(s) for the purpose(s) specified and on the terms and conditions set out in this agreement.
2. Hire Fees, Deposit, Cancellation and Refund
- The Hirer acknowledges and accepts that the Hirer will be liable to pay to SITCM a hire fee for the use of the room(s) in accordance with the rates listed on the Venue Hire Application form.
- SITCM will issue a tax invoice to the Hirer, setting out any and all fees in relation to the room booking that the Hirer is liable to pay to SITCM.
- Deposit – The Hirer must pay to SITCM the deposit amount specified by SITCM, by the date specified by SITCM or otherwise no later than 14 days prior to the date of the room booking.
- SITCM reserves the right to cancel a room booking it has accepted for the hire of a room, in which case this agreement will be immediately terminated. While SITCM will endeavour to give the Hirer reasonable notice of cancellation, the Hirer has no claim or action against SITCM in connection with the cancellation.
- If SITCM accepts this Application but the Hirer subsequently wishes to cancel the room booking, the Hirer must notify SITCM in email no less than 14 days prior to the date of the room booking.
- If the Hirer cancels the room booking within 14 days of the date of room booking, the Hirer is not entitled to a refund of any amounts.
- SITCM has the right to refuse to accept a new booking from the Hirer unless and until all debts are paid by the Hirer to SITCM.
3. Reinstatement of Room
- The Hirer must not rearrange or remove furniture or other items in the room without the express authority of SITCM.
- At the end of the date(s) and time(s) of the room hire, the Hirer must:
a) Remove all of the Hirer’s property;
b) Return the furniture and/or other items in the room to their original position; and
c) Ensure that the room is clean and tidy.
4. Damage and Default
- If the Hirer fails to comply with the terms of this agreement, then SITCM is entitled to retain the deposit amount in addition to any other rights of SITCM under this agreement or at law.
- If, in SITCM’s reasonable opinion the room or any facilities or furniture within the room are destroyed or damaged or missing during the period that the Hirer has access to the room, from any cause, the Hirer must pay the cost to SITCM of repairing (or if necessary replacing) the damaged (or destroyed or missing) property. The Hirer’s liability under this clause does not extend to damage or destruction directly caused by the deliberate or negligent act of SITCM or an employee of SITCM.
- If the Hirer does not remove its property from the room on the day of expiry of the date(s) of hire or such other date agreed with SITCM, SITCM may treat that property as abandoned and may remove or otherwise deal with it as it sees fit, in its absolute discretion and at the Hirer’s cost.
- In addition to any other right under this agreement, SITCM may recover all costs and expenses to SITCM as a result of the Hirer’s default of any term of this agreement as a liquidated debt. Such amount is payable by the Hirer within 7 days of demand by SITCM.
- Termination of this Agreement by SITCM does not prejudice SITCM’s right to recover damages at law or equity, or otherwise affect SITCM’s rights at law or in equity.
5. Compliance with Regulations
- The Hirer acknowledges that the safety and security of SITCM staff, students and invitees is paramount.
- The Hirer must, at its own cost, ensure that the Hirer, its employees, contractors, invitees and agents comply with:
- a) All laws in relation to the use of the Room;
- b) SITCM rules relevant to the access to and use of the Room; and
- c) The reasonable directions of SITCM regarding the use and security of the Room and the safety of persons in and around the Room and on the campus.
- Any failure by the Hirer to comply with any SITCM rules specified in this clause will be a breach of the terms of this Agreement by the Hirer.
6. Indemnity and Insurance
- To the extent permitted by law, SITCM excludes any and all liabilities to the Hirer for any loss, damage or expense suffered by the Hirer which arises out of or relates to the access to or use of the Room. Liability includes liability in contract, tort, pursuant to legislation or otherwise whatsoever.
- The Hirer hereby grants SITCM an indemnity from and against all actions, claims, costs, losses, expenses and damages (including the costs of defending or settling any action or claim) in respect of any personal injury (including death) or illness to any person, loss, loss of use, or damage to property of SITCM resulting from or by reason of anything done or omitted to be done by Hirer arising out of the Hirer’s activities undertaken at or near SITCM’s facilities during the hire period.
- The Hirer’s obligation to indemnify SITCM will be reduced to the extent that any claim, action, loss or damage arises out of a direct and negligent act or omission of SITCM, its students, officers, employees or invitees.
7. Advertising and Promotion
- Use of SITCM brands or logos is not permitted in any form without prior review and written consent from SITCM.
- SITCM is a CRICOS registered provider and as such any advertising or promotional materials with a SITCM brand or logo has restrictions in place under the Education Services for Overseas Students Act 2000 (ESOS ACT).
8. Emergency Procedures
- All rooms for hire come equipped with smoke detectors, fire alarms and evacuation diagrams.
- Upon first entering the hired room, a representative of the Hirer must study its evacuation diagram.
- At the start of the event, a representative of the Hirer must identify the emergency exits to all attendees.
- In the unlikely event of an emergency, the Hirer is responsible for safely evacuating all event attendees.