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Terms and Conditions of Hire
Fremantle Prison1

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DEFINITIONSApplication Form means the Fremantle Prison Function Application Form.
Bump In means the date and time when the Function Organiser may gain access tothe Function Area for purposes of setting up of the Function.
Bump Out means the date and time by which the Function Organiser is required tohave completed cleaning up and clearing up of all set up of the Function Area.
DPLH means the Department of Planning, Lands and Heritage, Fremantle Prison
division.
DPLH Representative means the representative of the Department of Planning,Lands and Heritage, being the Events and Promotions Co-ordinator, Fremantle
Prison.
Function means the Function or event as described in the Venue Hire Contract
Form.
Function Area means the Area as specified in the Venue Hire Contract Form anddepicted or described on the Schedule attached.
Function Organiser means the Applicant and Function Organiser as specified in theApplication Form.
Hire Contract means the Venue Hire Contract, these Terms and Conditions and any
communication of the DPLH Representative which contains requirements orconditions.
Prison means the Fremantle Prison.
Venue Hire Contract means the Fremantle Prison Hire Contract to which theseTerms and Conditions are attached.
HIRE OF FREMANTLE PRISON(a)The State of Western Australia, acting through DPLH, agrees to hire theFunction Area within the Prison to the Function Organiser for the Function
on the terms and conditions of the Hire Contract.

(b)

The Function Organiser agrees to hire the Function Area within the Prison
from the State of Western Australia, acting through DPLH, on the terms andconditions of the Hire Contract.

PROTECTION OF HERITAGE
The Function Organiser acknowledges and agrees that:(a)

The Prison is recognised nationally and internationally as one of the mostintact convict-built heritage sites in the world and represents an importantand irreplaceable part of Western Australia's cultural heritage.

(b)

The Prison is a publicly owned asset, managed by a division of theDepartment of Planning Lands and Heritage, and its use by the community
is encouraged. However, when considering the Prison as a venue for yourfunction, it is important to understand that the Prison is registered(i)on the State Register of Heritage Places under the Heritage Act
2018; and2OFFICIAL(ii)

as a UNESCO World Heritage and National Heritage Place under
the Environment Protection and Biodiversity Conservation Act 1999
(Cth)and special care must be taken to ensure its preservation for all present andfuture uses.
(c)

Given the heritage nature of many of the buildings within the Prison precinct,
special conditions to protect the fabric of the buildings must be observed at
all times.

(d)

Any functions held at the Prison must be presented and conducted in amanner that respects the history of the Prison. As such, all functions shouldbe themed in an appropriate manner. Approval on theming should beobtained from the DPLH Representative.

HIRE OF FACILITIESThe Function Organiser acknowledges and agrees as follows:(a)

The Function will be held within the Function Area only. All cells will remain
locked during functions. Access to upper galleries by function guests isstrictly prohibited. Function guests are not permitted to wander outside of theFunction Area.

(b)

The Function Organiser will ensure that any of its employees, agents or subcontractors, or any organisations or related bodies used in conjunction withthe function comply with the terms and conditions set out in the HireContract.

(c)

The Function Organiser will ensure that Bump In and Bump Out activities do
not interfere, as far as is practicable, with the normal business of the Prison,
including tours, education and public programs, and any other events
conducted at the Prison. This includes (but is not limited to) ensuring that:(i)All entrances and stairways are not blocked or obstructed at anytime;(ii)

no equipment, rubbish or other items are left in areas which could
pose a hazard or risk to persons within the Prison; and(iii)

noise levels are kept to a minimum while tours are still operating.

(d)

The Function Organiser agrees to ensure that the Function Area is clear of
all rubbish, refuse and equipment at the conclusion of the Function. This
includes the removal from the Function Area of all rubbish, refuse andequipment, as directed by the DPLH Representative.

(e)

If the State has agreed to the Function Organiser storing equipment forcollection, the DPLH Representative will advise of the date by when theequipment must be collected, and whether additional charges for storage
will be applicable.

(f)

A formal site handover from DPLH to the Function Organiser will take placeprior to Bump In with the DPLH Representative and the Function Organiser
present, as advised by the DPLH Representative.

3OFFICIAL(g)

A formal site handover from the Function Organiser to DPLH will take placeprior to Bump Out, with the DPLH Representative and the Function
Organiser present where necessary, as advised by the DPLH
Representative.

(h)Any damage, repair or clean-up caused or necessitated by the Function
Organiser, its guests, invitees, contractors and agents as determined byDPLH will be for the account of the Function Organiser and is to be paid
within seven days of presentation of an invoice to the Function Organiser byDPLH.

PAYMENT(a)

A non-refundable deposit as indicated on the Hire Contract is required tosecure the booking. The deposit, along with your signed Application Form,must be received by the DPLH Representative before a booking can beconfirmed.

(b)Final numbers of function guests must be provided to the DPLH
Representative no less than ten (10) days prior to the Function Date in orderto confirm the Function Hire Charge.

(c)

Payment in full of the Function Hire Charge (less the deposit) must be madeno less than seven (7) days prior to the Function Date, as indicated on theHire Contract.

INDEMNITY, RELEASE AND BOND
6.1.

DEFINITIONS
For the purposes of clauses 6.2 and 6.3, the term
Indemnified Parties includes the State, any Minister of the State, Fremantle Prison
and any employees, agents, contractors or agents of any of the aforementioned

6.2.

INDEMNITY(a)

The Function Organiser must indemnify and keep indemnified theIndemnified Parties from and against all actions, claims, costs, proceedings,suits and demands whatsoever which may at any time be brought,
maintained or made against the Indemnified Parties in respect of:(i)any loss whatsoever (including loss of use);(ii)

injury or damage of, or to, any kind of property or thing (includingthe Function Area and the property of third parties); and(iii)the death of, or injury or illness sustained by, any person,

caused by, contributed to or arising out of, or in connection with, whether
directly or indirectly:(iv)

the use or occupation of the Function Area by the Function
Organiser, its guests, invitees, contractors and agents;(v)

any work carried out by or on behalf of the Function Organiser orthe Function Organiser’s guests, invitees, contractors and agents;(vi)

any negligent or other tortious act or omission of the Function
Organiser or the Function Organiser’s guests, invitees, contractorsand agents,

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such indemnity being reduced in proportion to the extent such injury, loss ordamage is caused or contributed to by an act or omission of the State or its
employees, contractors or agents.

6.3.

(b)

The obligations of the Function Organiser under this clause 6.2 areunaffected by the obligation of the Function Organiser to provide a bond,and the obligations of the Indemnifier to indemnify are paramount.

(c)

The obligations of the Function Organiser under this clause continue after
the expiration or earlier determination of this Lease in respect of any act,
deed, matter or thing occurring before the expiration or earlier determinationof this Hire Contract.

RELEASE(a)

The Function Organiser:(i)agrees to use the Function Area at its own risk;(ii)

releases to the full extent permitted by law the Indemnified Parties
from:
(A)

any liability which may arise in respect of any accident or
damage to property or death or injury to, or illness of, any
person, of any nature in or near the Function Area;(B)

loss of or damage to fixtures of the Prison;

except to the extent that such loss or damage is caused by thenegligence of the State.
(b)

6.4.

The obligations of the Function Organiser under this clause continue afterthe expiration or earlier determination of this Hire Contract in respect of any
act, deed, matter or thing occurring before the expiration or earlier
determination of this Hire Contract.

BOND
The State may require the payment of a bond prior to the function from which any
costs of cleaning or repairs will be deducted. For the avoidance of doubt, the paymentof a bond will not limit the Function Organiser's liability where the cost of cleaning
and/or repairs exceeds the value of the bond.
SECURITY(a)

The Function Organiser acknowledges and understands that unlessotherwise advised by DPLH in writing, security personnel and services
provided by DPLH are required at all functions commencing 30 minutes
before the Function, for the full duration of the Function, and terminating 30
minutes at the end of the Function.

(b)

DPLH will determine the number of security personnel and crowd controllers
required, based on the type of function and the number of guests attending.

(c)

All costs of the security service will be for the account of the Function
Organiser.

(d)

The Function Organiser acknowledges and understands that it is responsible
for the conduct and behaviour of guests and shall promptly comply with any
directions given by employees of DPLH or its contracted security personnel.

5OFFICIALSMOKING
The Prison is a non-smoking, non-e-cigarette and non-vaping site. Failure to comply
with this rule may lead to immediate eviction.
DECORATIONS AND LIGHTING(a)

The following decorations are not permitted at the Prison:(i)open flame candles;(ii)

candelabras;(iii)

ice sculptures;(iv)

water features;(v)

confetti;

(vi)

rice;

(vii)

compressed confetti and streamer cans;(viii)

glitter;(ix)

sparklers;(x)

pyrotechnics;(xi)

smoke or haze machines; andother similar items.
(b)Decorations, banners and the like may be affixed to some existing structures
provided that prior written approval of the DPLH Representative has beenobtained, and that all instructions and directions of the DPLH Representative
are followed. Under no circumstances are any nails, screws or similar fixings
to be used.

(c)

No person is to climb on, or place any ladders on or against the balustrades
or walls.

(d)Tables, chairs and other similar objects are not to be placed in positions that
may cause contact with the walls, doors or windows or interfere withemergency exits or tour routes.

(e)

All sound and lighting equipment must be free-standing. No lighting or cables
are to be affixed to the handrails, balustrades or other structures of orcomprising the Prison. Under no circumstances are any nails, screws orsimilar fixings to be used.

(f)

The erection of temporary structures such as marquees, staging or lighting
requires the prior written approval of the DPLH Representative, and must be
carried out in accordance with all instructions and directions of the DPLH
Representative.

GAS BOTTLES
Gas bottles and canisters are strictly prohibited inside the Prison buildings. This
includes but is not limited to, barbeques, gas cookers and stoves. Catering companies
wishing to use such equipment should contact the DPLH Representative for direction
as to whether an appropriate outdoor location can be used for the Function for thispurpose.

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CATERING AND LIQUORThe Function Organiser acknowledges and understands that:(a)Fremantle Prison does not allow self-catering. The Function Organiser must
employ the services of a professional caterer regardless of guest numbers,to ensure the efficient coordination of the Function and appropriate use ofthe Function Area.

(b)

If alcohol is going to be sold to guests the Function Organiser will need toobtain a permit from the Department of Racing, Gaming and Liquor. A copyof the liquor licence must be supplied to the DPLH Representative no lessthan 7 days prior to the Function Date.

(c)

If alcohol is provided to guests free of charge no licence is required. The
Function Organiser and caterer should ensure patrons are served inaccordance with all relevant laws. Alcohol is only to be consumed inside thebooked Function Area.

HEALTH AND SAFETY(a)

Health and safety laws and regulations determine the maximum number ofpeople that can be hosted in the Function Area. These laws and regulations
must be adhered to at all times.

(b)

Depending on the location and number of guests attending the function, theFunction Organiser may be required to hire toilets to meet public healthrequirements. The DPLH Representative will advise of this requirement ifnecessary.

(c)Fire escapes are to be kept clear both before and during the Function. The
doors that form part of the emergency exit system are to remain locked in
the open position at all times.

(d)

The Function Organiser undertakes to follow all directions of security
personnel at all times.

(e)

The sound levels of entertainment are to comply with all laws andregulations, including those requirements set by the City of Fremantle.
Where necessary, the DPLH Representative may notify the Function
Organiser that it is required to advise Local residents of the Function Date,time and nature of the Function and the Function Organiser agrees tocomply with this notice.

ADVERTISING(a)

Any advertising, promotion or media releases relating to the Function
requires the prior written approval of the DPLH Representative.

(b)

The Function Organiser agrees to provide copies or proofs of all advertising,promotion or media releases to the DPLH Representative no less than 7days prior to distribution (or such longer period as may be agreed to by theDPLH Representative in writing).

GENERAL CONDUCTThe Function Organiser shall not do or suffer or permit the doing of anything which
will or is likely to cause the Prison, DPLH, or the State of Western Australia to suffer
or incur loss, damage, liability, embarrassment, disrepute or public criticism.

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OFFICIALTERMINATION
15.1.

GROUNDS(a)This Hire Contract and the rights granted to the Function Organiser pursuant
to it, may be terminated by the State by notice in writing to the Function
Organiser:(i)

if moneys payable under this Hire Contract are not paid on the duedate;(ii)

if at any time, in the sole discretion of the DPLH Representative, it
becomes apparent that the Function or any part thereof may cause
reputational or other damage to the State, DPLH or to the Prison,and on the further terms of clause 15(b) and 15(c);(iii)

if any of the conditions contained in the Hire Contract are notsatisfied.

(b)This Hire Contract and the rights granted to the Function Organiser pursuant
to it, may be terminated immediately by the State by verbal notice of theDPLH Representative to the Function Organiser and confirmed thereafter inwriting to the Function Organiser if after Bump In, in the sole discretion ofthe DPLH Representative, it becomes apparent that the Function or any part
thereof may cause reputational or other damage to the State, DPLH or tothe Prison.

(c)

The State has the right to immediately terminate the Function if:(i)the Function Organiser, its guests, invitees, contractors and agents
breach or fail to observe any of the covenants, conditions or termson the Function Organiser’s part expressed or implied in this HireContract;(ii)

in the sole discretion of the DPLH Representative, it becomesapparent that the Function or any part thereof may cause
reputational or other damage to the State, DPLH or to the Prison.

(d)

No compensation or money is payable to, or recoverable by, the Function
Organiser from the State for termination of the Hire Contract or Function
under this clause.

(e)

Any termination of the Hire Contract or Function under this clause:(i)does not affect any rights and obligations that are expressed in thisHire Contract to survive expiry or earlier termination of this HireContract; and(ii)is without prejudice to the rights of the State in respect of any
antecedent breach of the terms, covenants or conditions contained
or implied in this Hire Contract by the Function Organiser.

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