Definitions: In this Agreement unless the context otherwise requires:
Agreement means this venue hire agreement between Venues Ōtautahi and the Hirer, as amended from time to time by agreement by the parties, including these General Terms and Conditions, the Specific Terms, and any schedules or other attachments to this Agreement;
Arena Land Levy means a levy, charged at a rate of $1.50 for each ticket sold, for the maintenance and repair of the Venue and Common Areas;
Common Areas means those areas surrounding or adjacent to the Venue, including the car parking areas, grounds, forecourts, entrances, passages, stairways, landings, lifts, toilet and washroom facilities which Venues Ōtautahi permits the Hirer to use in common with others in accordance with this Agreement;
Confirmation Fee means the initial payment of the Venue Hire Fee to be made by the Hirer in order to confirm the booking in accordance with the Payment Plan set out in the Specific Terms;
Estimated Services Fee means the estimated fee as determined by Venues Ōtautahi for all Services to be provided by Venues Ōtautahi. The actual Services Fee shall be finalised following completion of the Event.
Event means the event for which the Venue is hired as named and described in the Specific Terms;
Event Order Confirmation has the meaning set out in clause 7.2;
General Terms and Conditions means these General Terms and Conditions;
Health and Safety Plan means the health and safety plan (also known as a Site Specific Safety Plan) provided by the Hirer to Venues Ōtautahi, and as further described in clause 2.1(d);
Health and Safety Commitment Statement means the health and safety policy provided by Venues Ōtautahi to the Hirer and located at Healthy And Safety Commitment Statement
Hire Period means that time period during which the Hirer will hire the Venue as set out in the Specific Terms, and includes the Pack In Period and the Pack Out Period;
Hirer means the person named as Hirer in this Agreement and also referred to as “you” in these General Terms and Conditions;
Inclusions Information means the details of services included in the Venue Hire Fee (if any) as set out in the Specific Terms;
Merchandise Service Fee means the fee of 15% on all goods sold (or as otherwise specified in the Specific Terms) together with any associated costs of services provided by Venues Ōtautahi in relation to the sale of merchandise, including all cash handling and collection charges, banking, eftpos and credit card fees and equipment hire;
Other Charges means the charges payable by the Hirer in addition to the Venue Hire Fee and the Services Fee;
Pack In Period means subject to clauses 4.7 and 4.8 the pack in period set out in the Specific Terms (if applicable);
Pack Out Period means subject to clauses 4.7 and 4.8 the pack out period set out in the Specific Terms (if applicable);
Payment Plan means the payment plan set out in the Specific Terms detailing the payment plan for all amounts due under this Agreement;
Persons under the Hirer’s Control includes all employees, agents, contractors, performers, suppliers, customers, exhibitors, merchandisers, ticket holders and other invitees of the Hirer;
Run On Hire Rate means the rate per hour payable by the Hirer in addition to the Venue Hire Fee if the Venue or any Common Area is accessed or used outside of the Hire Period, as set out in the Specific Terms;
Services include catering (food and beverage), technical, security, supply of equipment, parking, ticketing and other services (if any) provided by Venues Ōtautahi or any other person for the Event as detailed in the Specific Terms or as otherwise agreed in writing between the parties;
Services Fee means the fee to be paid by the Hirer for the Services;
Specific Terms means the specific terms and conditions set out at the beginning of this Agreement;
Ticketed Event means an event where tickets are sold (or made available free of charge) to the general public;
Ticketing System means a system for selling tickets for an Event or otherwise offering entry to an Event, either to the general public or a selected group of persons;
Venues Ōtautahi means Venues Ōtautahi Limited and includes its employees, agents, and contractors;
Venue means the area described in the Specific Terms allocated by Venues Ōtautahi to the Hirer for the Event;
Venue Hire Area means the hired area outlined in the Venue Hire Schedule;
Venue Hire Fee means the fee to be paid by the Hirer for the hire of the Venue;
Working Day means any day other than a Saturday, Sunday or a public holiday in Christchurch.
Interpretation: In this Agreement, unless the context requires otherwise
Defined Expressions: expressions defined in the main body of this Agreement have the defined meaning throughout this Agreement, including the background;
Headings: section, clause and other headings are for ease of reference only and will not affect this Agreement’s interpretation;
Monetary Amounts: all monetary amounts are stated exclusive of GST and in New Zealand currency and all amounts payable by a party under this Agreement are to be paid in that currency;
Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;
No Limitation: “including” and similar words do not imply any limitation;
Persons: references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
Plural and Singular: references to the singular include the plural and vice versa;
Sections, Clauses and Schedules: references to sections, clauses and schedules are references to this Agreement’s sections, clauses and schedules. Each such schedule forms part of this Agreement;
Statutes and Regulations: references to any statutory provision include any statutory provision which amends or replaces it, and any subordinate legislation made under it; and
Inconsistency: where these General Terms and Conditions and the Specific Terms are inconsistent, the Specific Terms will prevail to the extent of the inconsistency.
b) provided on a complimentary basis to the ticket holder without an exchange of consideration
8.7 Sponsors: The Hirer must not enter into any sponsorship arrangements for food or beverages at the Event.
If Venues Ōtautahi exercises its rights under this clause 17.2, the provisions of clause 17.1 will apply with all necessary modifications.
Notwithstanding clause 20 (Force Majeure) of this Agreement, on the occurrence of any seismic activity in Christchurch or its surrounds which has, or is likely to have had an adverse effect on the building integrity of the Venue, (including its facilities and infrastructure) such that access or the safety of the public and/or service providers to the Venue is in doubt (as determined by Venues Ōtautahi in its sole discretion), Venues Ōtautahi shall be entitled to immediately suspend the Agreement and the performance of any and all obligations and terms (without any liability or compensation due to the Hirer) thereof until Venues Ōtautahi has received written confirmation, to its satisfaction, that the Venue is safe and fit for the intended use.
Each party shall bear its own costs relating to the negotiation and preparation of this Agreement and related documentation and any issue arising out of this Agreement. However the Hirer will pay Venues Ōtautahi’s costs and expenses (including legal costs on a solicitor and own client basis) in enforcing the Hirer’s obligations under this Agreement and recovering payment of monies owed by the Hirer.
The Hirer shall not be entitled to directly or indirectly assign or otherwise dispose of (including by way of subcontract) any of its rights or interests in, or any of its obligations or liabilities under, or in connection with or arising out of this Agreement, except with the prior written consent of Venues Ōtautahi, which consent may be withheld in Venues Ōtautahi’s absolute discretion.
No waiver of any breach, or failure to enforce any provision of this Agreement at any time by either party shall in any way effect, limit or waive such party’s right to enforce and compel strict compliance with the provisions of this Agreement.
If at any time, any part of this Agreement is held by a court to be unreasonable, illegal, invalid or unenforceable for any reason whatsoever, that term will be enforced to the maximum extent permissible so as to give effect to the parties’ intent, and the remainder of the Agreement will continue in full force and effect.
Where two or more persons are named as the Hirer, undertakings, warranties, covenants, agreements and other obligations of the Hirer will bind and be deemed to have been given or assumed by each of them severally and will also bind the executors, administrators and permitted assignees of them jointly and severally.
Nothing contained in this Agreement shall be construed as creating an employer-employee relationship, a partnership, an agency or a joint venture between the parties. Neither party shall have authority to make any statements, representations or commitments, or to take any action binding the other, except as provided in this Agreement or as authorised in writing by the other.
Despite anything else contained in this Agreement:
Nothing in this Agreement creates any tenancy rights or interests in respect of the Venue.
Any provisions of this Agreement intended to survive termination or expiry (including clause 25 and any clauses requiring payment by, or conferring rights or obligations on, either party after the end of the Hire Period, together with those other provisions which are incidental to and required in order to give effect to those provisions) will remain in full force and effect upon termination or expiry of this Agreement.
Subject to clause 2.1(a), this Agreement, including each document, policy or Schedule attached to this Agreement from time to time constitutes the entire Agreement, understanding and arrangement (express or implied) between the parties and supersedes all prior and contemporaneous communications and any prior agreements between the parties regarding a subject matter of this Agreement.
The laws of New Zealand shall govern this Agreement and both parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
This Agreement may be executed in two or more counterparts, all of which will together be deemed to constitute one and the same agreement. A party may enter into this Agreement by signing a counterpart copy and sending it to the other party, including by facsimile or e-mail.
In the event of any inconsistencies arising between the provisions of this Policy and obligations imposed by the Act or any subsequent amendments, and/or codes of practice, then it is agreed and declared that the requirements of the Act and their subsequent amendments, and/or codes of practice, as the case may be, will prevail.