Event Booking Licence
For the use of the Melbourne Convention and Exhibition Centre
REFERENCE SCHEDULE
Centre Melbourne Convention and Exhibition Centre
The Licensee Name: *Legal Name - Bill-To Account*
ABN: *ABN – AR Demographics*
The Licensed Area
The Event
The Permitted Use
Those parts of the Centre which are outlined in the attached Space Hire Charge and Plan.
Event Name: *Official Event Name*
Event No: *Event ID*
Event Date: (insert date of the Event minus bump in/bump out dates)
Nature of the Event:
Description of Event: *Class*
Meetings & Events, Food and Wine Only
Estimated No. Of Attendees: (insert estimated no. of attendees)
Event Charge Clause 2 Space Hire Charge:
Estimated Food and Beverage Charge:
Estimated Technology Service and Equipment:
Estimated Other Charges:
Estimated Event Charge Subtotal:
(all deposits are issued including GST) Clause 2.2 Payment on Execution: Initial Deposit (##% plus GST)
Subsequent Payments
3. Subsequent Payments Due on
Balance of the Event Charge Clause 2.5
Licence Term
Public Liability Insurance Clause 5.1
plus
plus GST
Final invoice to be issued following the Event inclusive of GST applying deposits paid.
Commencement: *In Time 24Hr* hours on *In Date Format Day, dd month yyyy* Conclusion: *Out Time format 24HR* hours on *Out Date Format Day, dd MMMM YYYY*
$20 Million for any one occurrence.
SCHEDULE OF VARIATIONS
The parties agree that the General Conditions are amended as follows:
GENERAL CONDITIONS OF LICENCE
Capitalised terms used in this Licence are defined in the Long Licence relevant to the Centre, unless otherwise defined within this Licence.
This Licence comprises the following documents:
1. General Conditions, as amended by the variations set out in the Schedule of Variations (if any);
2. Summary of Charges;
3. Reference Schedule;
4. Space Hire Charge and Plan.
In the event of any inconsistency or discrepancy between those documents, the documents shall apply and have precedence in the order listed above.
1. GRANT OF LICENCE
VCET permits the Licensee to access and use the Licensed Area, the Common Areas and the Centre Facilities for the Permitted Use in accordance with this Licence. The Licence granted to the Licensee does not give rise to any exclusive right by the Licensee to possess the Licensed Area or Centre or other proprietary interest in the Licensed Area or Centre.
2. FINANCIAL
EVENT CHARGE
2.1 The Licensee must pay the Event Charge to VCET in accordance with the deposits in the amounts and at the times set out in the Reference Schedule and the balance (if any) immediately following the Event under clause 2.4.
2.2 VCET may apply the instalments of the Deposit, in the order VCET considers appropriate, in satisfaction of any money payable by the Licensee under this Licence, including under clause 2.6 or any Loss VCET may suffer or incur.
2.3 The Licensee acknowledges that the charges specified in the Reference Schedule are estimates only based on the expectations of VCET and the Licensee as at the date of Execution which will need to be updated to reflect the actual details applicable to the Event by executing a Summary of Charges. Once executed, the Summary of Charges will form part of and govern the terms of this Licence in substitution for estimated details and costs relating to the proposed Event as set out in the Reference Schedule executed at the time of entry into this Licence or any previously executed Summary of Charges.
2.4 Immediately following an Event, VCET will calculate the Event Charge as amended by any subsequent Summary of Charges and invoice the Licensee for an amount equal to the Event Charge less any amount previously paid. All Event Charge are payable in full within 7 days after receipt of the invoice.
CANCELLATION AND POSTPONEMENT FEES
2.5 If the Licensee cancels part of the Event (for example, the Licensee reduces the size of the Event Space), but not the entire Event, the Licensee must pay to VCET
the relevant amount listed in the table below in relation to the cancelled part of the Event (based on the Event Use and the length of the period between the date on which the Licensee notifies VCET in writing of the cancellation of the relevant part of the Event and the In Date).
If VCET is notified in the following time prior to Commencement
& Events
2.6 If the Licensee cancels or postpones an Event, the Licensee must pay VCET the following amount, which VCET declares, and the Licensee acknowledges has been agreed in good faith, is a genuine pre-estimate of the Loss VCET is likely to suffer because of a cancellation or postponement, and are reasonable and not intended as a penalty:
If VCET is notified in the following time prior to Commencement
REALLOCATION
2.7 If VCET reasonably requires all or part of the Licenced Area, VCET may reallocate part of or the entire Event to another area of equivalent or similar nature to the Licenced Area (Reallocated Area). The Space hire Charge will be amended to reflect the Reallocated Area.
3. LICENSEE’S OBLIGATIONS
3.1. VCET does not warrant or represent that the Licensed Area, the Centre, its facilities, or equipment will be suitable for the Event. The Licensee warrants that it has undertaken and relies upon its own investigations as to the suitability of the Centre and it will not make a claim of VCET in respect thereof.
3.2. The Licensee acknowledges that VCET will provide the catering for the Event, must confirm with VCET in writing at least 3 months before Commencement the number of Estimated Attendees expected at an Event to be catered for and must confirm with VCET in writing at least 14 Business Days before Commencement the Final Attendee Numbers expected at an Event to be catered for. The Licensee acknowledges that it is responsible for collecting and providing to VCET prior to
Commencement timely, complete and accurate food allergen and intolerance information concerning Event attendees.
3.3. The Licensee must ascertain and comply with the obligations imposed on VCET as permit holder of the Centre under any Law and Conditions of Entry relating to the sale or consumption of alcohol. The Licensee must not bring into or permit alcohol not provided by VCET to be brought into or consumed within the Centre.
3.4. VCET and its employees, contractors and agents will be the exclusive suppliers of audio-visual equipment and facilities for the Event unless VCET is unable to supply the specified equipment or equivalent equipment in which case VCET will source audio-visual equipment from an external third party in consultation with the Licensee. The Licensee must advise VCET of its preliminary audio-visual production requirements for the Event no later than 3 months prior to Commencement for VCET 's approval, and finalisation no later than 14 Business Days prior to Commencement. The Licensee must not use or interfere with any audio-visual equipment and facilities supplied by VCET other than as directed or permitted by VCET. The Licensee agrees to release VCET from any liability arising from any delays caused by the Licensee with meeting the timelines under this clause.
3.5. The Licensee must Make Good the Licenced Area by Conclusion of the Event. If the Licensee does not Make Good, VCET may undertake the necessary works to Make Good and the Licensee must pay VCET on demand all costs and expenses incurred by VCET in doing so.
3.6. On or by Conclusion, the Licensee must remove all its property from the Centre. VCET will not be responsible or liable for any property left at the Centre during an Event or after Conclusion.
3.7. The Licensee must do all things necessary to allow VCET, acting reasonably, to carry out any necessary work in the Licensed Area. In carrying out any work in the Licenced Area, VCET will cause as little interference as possible, except where there is an emergency.
3.8. The Licensee must not make any alterations or additions to the Centre without VCET’s prior Approval.
3.9. The Licensee must not:
3.9.1 use or allow the Centre to be used for any purpose other than the Permitted Use;
3.9.2 carry on or permit to be carried on at the Centre anything that is dangerous, noxious, noisome, offensive, illegal, immoral, noisy or is likely to harm the reputation of the Centre. VCET may refuse admission to or remove from the Centre any person whose behaviour is unsatisfactory or may be contrary to this Licence, the Law or the Conditions of Entry;
3.9.3 bring onto or remove from the Centre anything which is likely to damage the Centre or the property of any person or cause death or injury to any person in or around the Centre;
3.9.4 overload any part of the Centre beyond its maximum permitted loading;
3.9.5 use the Loading Dock without VCET’s Approval;
3.9.6 install, use and remove any services, displays, cabling, equipment or other item without VCET’s Approval;
3.9.7 misuse connections, fittings or equipment in or around the Centre;
3.9.8 smoke or permit smoking inside the Centre; and
3.9.9 use any VCET Images in any Licensee Publication except with the prior Approval of VCET.
3.10. The Licensee must:
3.10.1. adopt and observe, and ensure the Licensee’s Associates adopt and observe, current occupational health and safety Law, practices and procedures appropriate to its use of the Centre; VCET's health and safety policies, processes and procedures insofar as they relate to the Event; the Conditions of Entry; and all reasonable directions of VCET in relation to safety, security, and all other operational matters.
3.10.2. obtain advance permission from event participants to use their likeness in video and photographic footage to be used for marketing or other purposes of the licensee and that video or photographic likenesses of a person under 15 years of age will not be captured without advance permission from the person’s parent or guardian.
4. TERMINATION OR SUSPENSION OF THIS LICENCE
TERMINATION BY VCET
4.1 VCET may terminate this Licence immediately by giving written notice to the Licensee if:
4.1.1. other than in relation to the failure to pay any sum due to VCET as required under this Licence, there is a breach of any provision of this Licence by the Licensee which is not remedied by the Licensee within 5 business days upon receiving written notice of the breach.
4.1.2. the Licensee becomes bankrupt or has an administrator or liquidator appointed, or in VCET’s opinion is likely to become bankrupt or is likely to have an administrator or liquidator appointed.
4.1.3. If VCET terminates this Licence then VCET may, without prejudice to any additional rights VCET may have, retain any money paid to VCET by the Licensee and the Licensee must pay any amounts owing to VCET within 7 days following demand by VCET.
FORCE MAJEURE
4.2 Neither party will be liable for any delay in or failure to perform its obligations under this Licence (other than an obligation to pay money) to the extent that such delay or failure is caused by a Force Majeure event.
4.3 A party prevented from performing any of its obligations under this Licence by reason of Force Majeure must:
4.3.1 notify the other party as soon as it is affected by the Force Majeure event;
4.3.2 continue to perform all unaffected obligations under this Licence;
4.3.3 use reasonable endeavours to overcome the effects of the Force Majeure event as soon as possible;
4.3.4 notify the other party as soon as it is no longer affected by the Force Majeure event.
4.4 If a Force Majeure event occurs with the consequence that the Event or part of the Event cannot proceed and must be cancelled, the following terms apply:
4.4.1 each party must use commercially reasonable efforts to limit the impact of the cancellation including using commercially reasonable efforts to reschedule the cancelled Event;
4.4.2 whether the Event is cancelled in whole or in part or rescheduled, the Licensee remains liable to pay VCET any costs, expenses or other charges relating to the Event that have already been incurred or committed by VCET prior to the Force Majeure Event or that cannot reasonably be avoided by VCET (including only that proportion of the Space Hire Charge that was used prior to the Force Majeure event); and
4.4.3 except as provided or in this clause, neither party will have a claim (in contract, tort or otherwise) against the other for any Loss arising from a Force Majeure event.
5. INSURANCE POLICIES
5.1. The Licensee must keep current during the Licence Term, policies of insurance which provide for damage to or loss of the property of the Licensee and the Licensee’s Associates, public liability, including death, injury and loss of property of third parties including VCET for an amount not less than the amount specified in the Reference Schedule; and workcover, worker’s compensation and employer’s liability as required by Law.
5.2. The Licensee must provide to VCET on its request and in any case at least 30 days prior to Commencement an original certificate of currency for each Policy.
6. INDEMNITY
6.1 Subject to law and clause 6.3,
6.1.1 VCET will not be liable to the Licensee for any other party for any cause of action however arising (including but not limited to claims based in contract, tort, equity or otherwise) under or in connection with this Licence; and
6.1.2 The Licensee releases VCET from any claim for loss or damage howsoever arising (including but not limited to claims based on contract, tort, equity or otherwise) under or in connection with this Licence.
6.2 Subject to clause 6.3, the Licensee indemnifies VCET against all loss, damage, costs, claims and expenses incurred by VCET under or in connection with this Agreement including (but not limited to) any public liability claims made against VCET arising directly or indirectly from the use of the Centre by the Licensee and any such claims due to any breach by the Licensee of, or act or omission by the Licensee relating to, this Agreement.
6.3 A release or indemnity referred to in clauses 6.1 and 6.2 does not apply to the extent that the loss, damage, cost, claim or expense was caused by the act, negligence or default of VCET or of VCET’s employees or agents.
7. DISPUTE RESOLUTION
7.1 If any dispute arising under this Licence cannot be resolved within a reasonable time period (as agreed between the parties) then VCET must refer the matter in dispute for determination by a suitably qualified expert appointed by the president or other senior officer of the institute or organization which in the reasonable opinion of VCET is best able to determine a fair and reasonable solution to the matter in question, including the issue of costs. The parties must attempt to resolve a dispute under this clause before initiating any court proceedings, other than court proceedings to seek urgent injunctive or declaratory relief. Despite the existence of a dispute or its referral to expert determination, each party must continue to perform its obligations under this Licence.
8. GST
In this Clause 8:
8.1 unless there is a contrary indication, words and expressions which are not defined in this Licence, but which have a defined meaning in the GST Law have the same meaning as in the GST Law;
8.2 All consideration, whether monetary or non-monetary, payable or to be provided under or in connection with this Licence is exclusive of GST (GST-exclusive consideration) unless specifically provided otherwise.
8.3 If GST is payable on any supply made by a party, or an entity that is taken under the GST Law to make the supply by reason of the capacity in which a party acts, (Supplier) under or in connection with this Licence, the recipient of the supply, or the party providing the consideration for the supply, must pay to the Supplier an amount equal to the GST payable on the supply. This amount must be paid in addition to and at the same time and in the same manner (without any set-off or deduction) that the GST-exclusive consideration for the supply is payable or to be provided.
9. OTHER
9.1 This document comprises the entire agreement between VCET and the licensee in relation to its subject matter and replaces any representations, communications and prior agreements.
9.2 If any clause of this License is held invalid, unenforceable or illegal for any reason, this Licence shall otherwise remain in full force and effect apart from such clauses which will be deemed deleted.
9.3 If the parties agree to vary this Licence it must be in writing, signed and dated by both parties.
9.4 This Licence is governed by the Law of Victoria. The Victorian Courts are the agreed forum and to have territorial jurisdiction.
EXECUTED as an agreement.
LICENSEE USE
EXECUTED by the Licensee or for and on behalf of the Licensee by a person duly authorised to sign this Licence on behalf of the Licensee in the presence of:
Duly Authorised Person Signature
Duly Authorised Person Name in Block Letters Witness Signature
Duly Authorised Person Title in Block Letters
Explanatory Note for Execution
name in Block Letters
This document may be executed by either party by one of the following means:
1. original signatures and exchange of hard copies;
2. original signatures and exchange of electronic copies.
VCET USE ONLY
EXECUTED for and on behalf of VCET by a person duly authorised to sign this Licence on behalf of VCET in the presence of:
Duly Authorised Person Signature
Duly Authorised Person Name in Block Letters
Duly Authorised Person Title in Block Letters
Signature