Privacy Protection Notice
The personal information that Council is collecting from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIP Act).
Intended Recipients: The intended recipients of the personal information are Officers within the Council.
Reason for collection: Council is collecting this personal information from you in order to provide services you request.
Supply: The supply of information by you is voluntary. If you do not provide Council with this information, unfortunately Council will be unable to process your service request.
Access and Correction: You may make an application to access or amend information held by Council.
Storage: Council is the agency that holds and controls the information
Enquiries about this form: Contact Council via email council@bmcc.nsw.gov.au or phone 4780 5000.
Definitions
“Council” refers to Blue Mountains City Council.
“Hirers” includes those who have booked Council facilities, those who have booked the use of Council-controlled public spaces (such as town squares or public reserves which cannot be “hired”, but where an application is required for some uses), and those who have booked to display banners at specified sites.
“Facilities” includes:
• Council-managed built spaces and outdoor spaces (such as, but not limited to, halls, theatres, galleries, forecourts, leisure centres, pools, gyms, parks, sportsgrounds and courts, visitor information centres, and meeting rooms),
• Council-controlled public spaces (such as, but not limited to, town squares and public reserves), and
• Council’s Community Access Bus.
“Management”, in the context of approvals or instructions, refers to approval or instruction by authorised officers of Blue Mountains City Council.
Booking Requests
• Generally bookings can only be accepted from applicants who are 18 years or older. Some exceptions apply for Leisure Centre bookings (see Leisure Centre additional terms and conditions).
• The Hirer must disclose an accurate description of the purpose of hire.
• The facility may only be used for the purpose described in the booking request.
• Blue Mountains City Council reserves the right to refuse a booking request.
Booking Times
• Requested booking times must include the time required for Hirers to set up and pack up the event. Some extension provisions may apply to Blue Mountains Theatre bookings (see Blue Mountains Theatre additional terms and conditions).
• Hirers may not commence setting up for an event earlier than the start time of the booking.
Fees and Charges
• All fees, bonds and charges are payable to Blue Mountains City Council as per the prices fixed annually by Council.
• Invoices are payable as per the terms on the invoice.
• Any work and/or activities carried out by Council to suit the Hirer’s needs will be charged to the Hirer as per the quoted cost.
• If the Hirer breaches these Terms and Conditions, then Council may invoice the Hirer for any costs incurred in remedying the breach.
Hirer Responsibilities
• The Hirer is responsible for complying with all terms and conditions.
• The Hirer is responsible for ensuring that any licences/permits/approvals that may be required for the event are obtained prior to the event.
• The Hirer is responsible for complying with any COVID-19 Safety Plans in place at the facility and for encouraging attendees to comply with any applicable Public Health Orders.
• Hirers providing an event or service for children (under 18 years) are responsible for checking and complying with the Working with Children Check (WWCC) requirements for their event or service with Service NSW or the Office of Child Guardianship.
• A Certificate of Currency for Public Liability Insurance of no less than $20,000,000 must be provided by the following Hirers:
o Sporting Clubs, Schools, Incorporated bodies, Associations, Commercial for profit businesses; and/or
o Individuals or groups who charge a fee for service and/or an admission fee.
• Regular or seasonal hirers must also provide an updated Certificate of Currency for Public Liability Insurance of no less than $20,000,000 when and if it is due for renewal, or any other updates are made, during the hire period / season.
• The Hirer agrees to indemnify Blue Mountains City Council against any claims caused by negligence of the Hirer in connection with the use or occupation of the Council facility.
• Notwithstanding the above terms, some activities are covered by Council’s existing insurances and do not require hirers to obtain additional cover, consequently:
o Community Access Bus hirers do not require public liability or vehicle insurances.
o Cultural Centre hirers do not require public liability insurance for standard community and conferencing activities, with the exception some hirers may be required by Council to obtain cover for extraordinary activities.
• If the Hirer engages third party providers, commercial operators or contractors for their event, then the Hirer is responsible for ensuring that those third parties hold all necessary licenses and insurances, including current workers compensation and public liability certificates as applicable.
• If food is offered for sale, the Hirer must meet all food safety requirements established by the NSW Food Authority, including registering their event where applicable. https://www.foodauthority.nsw.gov.au/
• The Hirer is responsible for ensuring that fire exits are kept clear at all times and for strictly adhering to fire regulations pertaining to their use of the facility.
• Smoking is prohibited at all Council facilities including buildings, forecourts, vehicles, parks, reserves and sportsgrounds. Hirers must seek the cooperation of all attendees at their event in adhering to this prohibition.
• The Hirer is responsible for ensuring that any electrical appliances / leads that are brought into the facility have been tested and tagged by a qualified electrician
• Assistance Animals, including Assistance Dogs, are welcome at all Council facilities, including the Community Access Bus. No other animals are to be permitted indoors at Council facilities (see Halls additional terms and conditions for some limited exceptions).
• The Hirer is responsible for the behaviour of all persons attending their function or activity.
• The Hirer and attendees must behave courteously towards any other groups or individuals using the facility, and/or adjacent rooms or grounds.
• The Hirer and attendees are required to show respectful consideration of nearby residents at all times, including during arrival and departure.
• The Hirer is responsible for ensuring that waste is disposed of in a timely and environmentally responsible manner.
• The Hirer is responsible for ensuring that vehicular parking, entry and exit associated with their event does not cause safety issues or nuisance to surrounding areas.
• The Hirer is responsible for, and liable to repay the costs of, any damages that occur to the facility, its grounds and/or equipment due to misuse, reckless behaviour and/or failure to comply with the Terms and Conditions of hire.
• The Hirer is responsible for notifying Council, at the earliest opportunity, of any damages that occur to the facility, its grounds and/or equipment during the period of hire regardless of the cause of the damage. If on-duty Council staff are on-site, then they should be informed of the damage in the first instance.
• Council buildings constructed prior to 2004 may contain asbestos. In the event of damage to Council buildings, please do not attempt to clean up or repair asbestos-containing building materials. Vacate and secure the area and notify Council as soon as possible. Further information is available at: https://www.bmcc.nsw.gov.au/asbestos-registers
• Blue Mountains City Council takes no responsibility for the security of any items left at Council facilities prior to, during or after the event.
• It is the responsibility of the Hirer to ensure that all personal items, including items belonging to third parties associated with the event, are removed when vacating the facility, failure to do so may result in additional waste management charges.
• At the conclusion of the event, the Hirer must ensure that the facility and its equipment is returned to a clean, safe and tidy state, failure to do so may result in additional cleaning charges.
• The Hirer must not bring the Blue Mountains City Council, nor its facilities, nor its staff, into ill repute.
Prohibited Uses
• The drilling of holes and the use of nails, tacks or other such materials that cause permanent damage to the building, its fixtures and fittings, is prohibited.
• The making of alterations and/or additions to the building structure, fittings, furnishings or equipment.
• Interference with any fittings, connectors or equipment relating to the supply of water, gas, electricity, heating, cooling or lighting to any part of the facility.
• The application of adhesive tape to the floor, walls or ceiling of the facility. Blu-tack may be used to affix wall signage, provided it is removed carefully at the conclusion of the event.
• Parking on Council's parks and reserves, without prior written approval by Council.
• The use and/or carrying of dangerous weapons or laser pointers.
• Generally the use of pyrotechnics is prohibited. Limited exceptions may be permitted at some sites on a case by case basis, if specifically requested by the Hirer, authorised in writing by Council, and appropriate licenses are obtained. See https://www.safework.nsw.gov.au/
• The use of exposed/naked flame (including barbeques) is prohibited at indoor facilities. Limited exceptions may be permitted at some sites on a case by case basis, if specifically requested by the Hirer and authorised in writing by Council.
Cancellations by Council
• Blue Mountains City Council reserves the right to cancel a booking. In extreme circumstances this may occur with limited notice and/or no recourse for a refund.
• Failure to comply with these Terms and Conditions may result in the cancellation of existing bookings, the refusal of future booking applications, and/or the forfeit of any applicable bond.
• Blue Mountains City Council reserves the right to terminate a function or event that poses a risk to the public, attendees, staff, or the facility. In such circumstances, there will be no recourse for a refund.
• Blue Mountains City Council reserves the right to alter or cancel a booking if Public Health Orders, such as those relating to COVID-19, prevent the safe operation of the intended event.
• Blue Mountains City Council will not be liable for any consequential loss arising from the cancellation of a booking.
Force Majeure
In the case of a Force Majeure event which renders the agreement impossible to fulfil, which is not attributable to any act or failure to take preventive action by Council, then Council may cancel the booking without penalty. A ‘Force Majeure’ event means a cause beyond the reasonable control of the party in question and includes, but is not limited to:
Natural disaster
Terrorism
Pandemic
The mobilisation of armed forces
Civil commotion or riot
Industrial action
Picket or labour disturbance
An act of war (whether declared or not)
Act of God Currency restriction
Embargo
A failure of a supplier
Action or inaction by a government agency
Public utility or common carrier or computer disruption due to the effects of a virus or other malicious code introduced other than through the acts or omissions of the party seeking relief