Studio Hire – Terms and Conditions

Last updated: 10/05/2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before hiring Loic Valmy Broadway Academy (“LVBA”) studios and spaces.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all hirers, as well as their clients/visitors and participants.

By accessing or using the Service you agree to be bound by these Terms. 

    1. GRANT OF LICENCE TO USE HIRED SPACE
      1. In consideration of the Hirer paying the Hire Fee, LVBA hereby grants the Hirer a non-exclusive licence to occupy and use the HIRED SPACE on the Hire Date(s) and for the Hire Time set out in the Schedule.
      2. 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 hired space or the Building.
      3. The Hirer acknowledges that the Venue and the other spaces may be used by other parties at the day and time of their booking.
    2. PAYMENT OF HIRE FEE, HOURLY RATE, COSTS AND CANCELLATION
      1. The Hirer must pay the Hire Fee at the time of their booking and/or as instructed on the invoice provided.
      2. LVBA will not be obliged to license the hired space to the Hirer and may license the use of the hired space to another party if the entire Hire Fee is not paid in accordance with sub-clause 2 (3).
      3. 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.
      4. The Hirer must notify LVBA if it wishes to cancel its booking at least 2 weeks prior to the booking date or, in the case of recurring booking, 2 weeks prior to the date the booking must be stopped.
        – In the case of a one-off or occasional booking, the Hirer must cancel their booking at least 2 weeks prior to the booking date and will receive a full refund of their booking fee. Any booking cancelled by the hirer within less than 2 weeks prior to the booking date is fully due and the total Hire Fee is forfeited to LVBA.
        – In case of regular or recurring booking, the Hirer must cancel their booking at least 2 weeks prior to the date at which the recurring booking must stop. If the booking is cancelled at least 2 weeks prior to the date at which the recurring booking must stop, the full amount of the remaining unused bookings will be refunded to the Hirer. If the booking is cancelled within 2 weeks prior to the date at which the recurring booking must stop, the full amount of the remaining unused bookings will be refunded to the Hirer minus 2 weeks of cancellation fee.
      5. If the Hirer occupies the hired space prior to or after the Hire Time then LVBA shall be entitled to charge the Hirer, and the Hirer will be liable to pay LVBA, 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 hired space .
      6. In addition to payment of the Hire Fee and the Hourly Rate Fee (if applicable), and any other rights that LVBA may have arising from this Agreement, the Hirer must pay to LVBA all costs for any damage to the hired space or the Building or the equipment and facilities located therein, any cleaning and reconfiguration of security devices required because of the use of the hired space by the Hire.
      7. In the case of recurring booking, the Hirer may request a payment settlement per year, term, month or week. In such case, the Hirer agrees for their booking and payment to be subjected to automatic renewal and their Payment Method to be charged accordingly at the end of each booking year, term, month or week for the next year, term, month or week.
      8. LVBA reserves the right to modify their hiring rates at any time during the year; however, the hiring rate will not be altered or modified during the Hirer’s booking term (year, term, month or week). The hiring rate can only be modified BEFORE the renewal date of a recurring booking and the hirer will be notified 3 weeks before the renewal of their booking.
      9.  A fully refundable bond of $50.00 (plus GST) is required for all initial booking. The bond will be billed and charged only once per Hirer and will be fully refunded to the hirer’s payment method within 10 days following the hirer’s last booking date.

       

    3. OBLIGATIONS OF THE HIRER
      1. must only use the hired space 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 hired space other than the Hirer’s clients/visitors and participants;
      2. must not sell goods or services, carry on any activity at the hired space which is dangerous, noxious, offensive, illegal, noisy or objectionable, use the hired space as a place of public entertainment or have any live music at the hired space without prior consent;
      3. must ensure that neither the Hirer, its employees/clients/visitors or participants interfere with the use of the Building by any other person and do not enter any parts of the Building except the Lobby, the hired hired space , bathroom/kitchen facilities and those areas reasonably required to access the hired space and enter and exit the Building;
      4. must clean the hired space , remove all rubbish from the hired space and the Building attributable to the Hirer’s use and return the hired space to its condition prior to its use by the Hirer;
      5. must not use, modify or take any equipment belonging to other Hirers that may be stored or placed within the hired space or the Building without first obtaining the consent of LVBA;
      6. must not bring into the Building or the hired space 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 hired space and the Building without obtaining the written consent of LVBA and, if such consent is given with any conditions, then the Hirer must comply with those conditions;
      7. must not park any vehicles within or upon any entrance to the Building nor block any doors or entrances/exits to the hired space and the Building;
      8. must remove all equipment brought by the Hirer into the hired space , make good any damage to the hired space or the Building caused by the removal, ensure that the hired space and the Building are secure upon the Hirer’s departure;
      9. 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 hired space or the Building;
      10. is responsible for the conduct and behaviour of all the employees/clients/visitors and participants of the Hirer and the loss of any of their property, personal items or equipment;
      11. must not conduct activities of more than 30 people at one time without LVBA’s consent
      12. 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 hired space do so in an orderly and quiet fashion;
      13. 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 LVBA or any Authority may prescribe from time to time;
      14. 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 LVBA before, during or at the conclusion of the Hirer’s use of the hired space ;
      15. must maintain a policy of public liability insurance for its use of the hired space with coverage of $20 million per event and supply LVBA with a copy before the first Hire Date; and
      16. must comply with any general hired space use information or reasonable direction provided by LVBA to the Hirer at any time.
      17. Acknowledges that LVBA are not responsible for any loss or damage caused to the hirer’s equipment left on site outside of or during booking time
      18. Acknowledges that the hirer will be held accountable for any loss or damage caused to LVBA or other hirer’s equipment if the hirer failed to lock the premises properly and/or switch all lights/AC off
        upon leaving the premises.

       

    4. BOND & KEYS
      1. As security for performance of the Hirer’s obligations under this agreement, LVBA can require the Hirer to deposit a bond for the amount set out as a Bond in the Booking. At the 10/05/2022, the amount of the bond is fixed to $50.00 (excl. GST)
      2. LVBA can deduct from the Bond all monies required to rectify any breach of this Agreement by the Hirer
      3. After deduction of all costs LVBA is entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account or Credit Card nominated by the Hirer in the Schedule as soon as practicable following the Hirer’s use of the hired space.
      4. In the case of an one-off or occasional booking, a LVBA staff will open and close the doors for the Hirer. In the case of regular o recurring bookings, the Hirer will receive a key from LVBA. The key must not be shared, given and lent to anybody else but the hirer and their direct employees. The Hirer can keep the key as long as their booking is running. The key must be returned after the last instance of the booking. If the key is not returned within the next 2 weeks after the last instance of a booking, a $150 plus GST fee will be charged on the hirer payment method.

       

    5. INDEMNITY BY HIRER
      The Hirer indemnifies LVBA for any injury, costs, loss or damage arising out of the use of the hired space and/or the conduct of the Hirer, its employees/clients/visitors and participants (including legal costs in a solicitor/client basis, damage to the hired space, 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, except where such injury, costs, loss or damage arises by the negligence of LVBA.

    6. PROVISION OF SERVICES
      The Hirer is responsible for providing all production, catering, security and cleaning services required in connection with its use of the hired space.

    7. RISK OF HIRER AND LIABILITY OF LVBA
      1. The Hirer occupies the hired space entirely at its own risk.
      2. LVBA shall not be liable to the Hirer or its employees/clients/visitors and participants 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 hired space by the Hirer or the conduct of the function for which the hired space is hired, unless caused by reason of an act or omission of LVBA.
      3. In no event shall LVBA 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.

       

    8. TERMINATION
      LVBA may terminate this Agreement immediately upon giving notice to the Hirer and/or cause the use of the hired space by the Hirer to immediately cease if:

      1. the Hirer breaches any provision of this Agreement ;
      2. the Hirer substantially alters the use for which the hired space is hired without the prior written consent of LVBA;
      3. LVBA becomes aware of conditions under which the Hirer’s use of the hired space could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage to the hired space , the Building or the neighbouring surrounds; or
      4. the Hirer or anyone associated with the Hirer makes, in the opinion of LVBA, disparaging or defamatory remarks whether written or oral in regard to LVBA, any member of the Management or Board of LVBA, the Building, or the hired space .

       

    9. FORCE MAJEURE
      Performance of this Agreement is contingent upon the ability of LVBA to complete same and LVBA will not be liable to the Hirer for any failure to provide the hired space or utility services to the hired space due to causes which are beyond the reasonable control of LVBA.

    10. NO WARRANTY FROM LVBA
      LVBA gives no warranty that the hired space will be suitable for the use for which the hired space is intended to be hired by the Hirer and LVBA will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of the hired space proving not to be adequate for the Hirer’s use and purposes.

    11. LAW
      1. This Agreement is governed by the laws of the State of Queensland.
      2. The persons signing this Agreement warrant they are authorised to legally bind the respective parties on whose behalf they have signed this Agreement.