Parks, gardens and open spaces special conditions

These terms and conditions govern the casual hire, use and occupation of Council parks, gardens and open spaces. 

By submitting an application, accepting a booking or occupying Council land, you agree to be bound by these Terms, the Approved Application, Invoice, Annexures and any written directions issued by Council.

1. Scope and application

These Terms apply to all casual hire applications, licences, permits, approvals and consents issued by Council unless otherwise stated in writing.

These Terms must be read together with all applicable Commonwealth and Victorian legislation, Council local laws, policies, guidelines, standard drawings, Special Conditions and written Council directions.

In the event of any inconsistency, the Special Conditions prevail.

2. Compliance with Law

The Hirer must at all times comply with all applicable legislation, local laws, codes of practice, Australian Standards and any lawful direction issued by Council or a competent authority.

3. Responsibility and Risk

All activities are undertaken at the Hirer’s sole risk. 

Council accepts no responsibility or liability for any loss, damage, injury, delay or cost arising out of or in connection with the Hirer’s use or occupation of the Hired Area, except to the extent required by law.

4. Fees, Charges and Bond

All Hire Fees, Bonds and charges must be paid in full prior to the Booking Date unless otherwise agreed in writing. 

Fees are non‑refundable except where required by law or expressly approved by Council.

Where a Bond is required:

• it must be paid prior to the Booking Date;
• Council may apply the Bond to recover costs relating to damage, cleaning, reinstatement or breach; and
• any remaining balance will be refunded following inspection of the Hired Area.
• You will be invoiced for any costs exceeding the bond.

5. Use of the Hired Area

The Hirer must:

• use the Hired Area only for the approved Purpose;
• occupy the Hired Area only on the approved Booking Date(s) and during the Booking Time(s);
• not damage Council assets or permit others to do so;
• not exceed the Maximum Occupancy;
• not cause nuisance or interfere unreasonably with others;
• comply with all Council directions; and
• keep a fully executed Agreement in their possession during occupation.

The Hirer is solely responsible, at its own cost, for supervision, crowd management, public safety and security arrangements. 

The Hirer must not interfere with, misuse or overload any services associated with the Hired Area.

6. Termination

Council may terminate this Agreement at any time.

Where Council terminates, any prepaid Hire Fee relating to unused booking time will be refunded, less any amounts owed. 

If the Hirer cancels:

• 10–20 days prior to the Booking Date, up to 50% of the Hire Fee and Bond may be forfeited;
• less than 10 days prior, the Hire Fee and Bond will be forfeited.

Upon conclusion of occupation, the Hired Area must be left clean, tidy and reinstated to its prior condition.

Council accepts no responsibility for personal property left on site.

7. Insurance

Business, commercial, sporting or revenue‑raising Hirers must maintain public liability insurance of not less than $20 million per single occurrence (or such greater amount as Council reasonably requires).

Private Hirers must ensure all contractors engaged hold equivalent insurance.

8. Occupational Health and Safety

The Hirer must comply with The Occupational Health and Safety Act 2004 (Vic) and all related laws.

The Hirer must not cause Council to breach its statutory obligations.

Any hazards or safety issues must be reported to Council immediately.

9. Indemnity

The Hirer indemnifies and holds harmless the City of Boroondara, its Councillors, employees, officers, agents and volunteers from and against all claims, demands, actions, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

• the Hirer’s use or occupation of the Hired Area;
• any activity conducted by the Hirer; and
• the acts or omissions of the Hirer’s employees, contractors, agents, volunteers, invitees or attendees.

This indemnity includes, but is not limited to, claims relating to

• personal injury or death of any person;
• damage to or loss of property (including Council assets); and
• breaches of this Agreement or applicable laws.

The indemnity applies whether the claim arises during or after the Booking Date, and survives termination or expiry of the Agreement.

10. Disclaimer

• The Hirer uses the Hired Area entirely at its own risk.
• Council makes no warranty or representation regarding the condition, safety or suitability of the Hired Area. 
• The Hirer warrants it has inspected the Hired Area and is satisfied as to its suitability. 
• Council is not responsible for loss of or damage to personal property.

11. Working with Children Clearance

• Where applicable, the Hirer must comply with the Worker Screening Act 2020 (Vic).
• Valid clearances must be held prior to working with children and provided to Council on request. 
• Persons issued with a negative notice must not work with children. 
• This clause is an essential term of the Agreement.

12. Child Safe Standards

Where services are provided to children, the Hirer must fully comply with the Victorian Child Safe Standards.

13. Special Conditions

This Agreement is subject to the Special Conditions set out in Annexure A. 

To the extent of any inconsistency, the Special Conditions prevail.

Compliance with Special Conditions

The Hirer must strictly comply with all Special Conditions set out in this Agreement, Annexure A, the Approved Application, and any additional conditions or directions issued by Council. Failure to comply may result in enforcement action, suspension or cancellation of the booking, or termination of this Agreement.

Responsibility for Contractors and Agents

The Hirer is responsible for ensuring that all contractors, subcontractors, employees, volunteers, entertainers, vendors, and agents engaged in connection with the hire are aware of, and comply with, all permit conditions, Council requirements, and applicable laws.

Protection of Public Amenity and Access

All activities must be conducted in a manner that minimises disruption, nuisance and inconvenience to other park users, pedestrians, traffic, nearby residents and businesses. Safe and reasonable access must be maintained at all times unless otherwise approved in writing by Council.

Protection of Council Assets

All Council assets—including but not limited to roads, footpaths, turf, garden beds, irrigation systems, trees, signage, furniture and infrastructure—must be protected from damage. Any damage caused must be immediately reported and fully repaired or reinstated to Council’s satisfaction at the Hirer’s cost.

Occupational Health and Safety

The Hirer must comply with all occupational health and safety legislation and ensure the Hired Area is maintained in a safe condition for the duration of the booking. All required safety controls, barriers and signage must be installed and maintained.

 Approved Dates and Times

Use of the Hired Area is restricted to the approved Purpose, Booking Date(s) and Booking Time(s). No variations are permitted without prior written approval from Council.

Event Permit – Trading, Food and Commercial Activities

If the Hirer, or any contractor or third party engaged by the Hirer, will be cooking, preparing, supplying or selling food or drinks (including alcohol), providing goods or services, charging fees, or undertaking any form of trading activity in or from the Hired Area during the Booking Times, the Hirer must obtain a valid Event Permit prior to the Booking Date.

• Additional fees may apply and minimum notice periods, as determined by Council, must be met. 
• The Hirer must ensure that all contractors and vendors comply with the conditions of the Event Permit and provide any supporting documentation required by Council, which may include (but is not limited to):
  • public liability insurance;
  • food safety registrations;
  • liquor licensing; 
  • Street Trader registration and Statement of Trade certificate (where applicable).
• Council may withhold approval of the hire or event until all required permits and documentation have been provided and approved.

Council Access and Inspections

Authorised Council officers may enter the Hired Area at any reasonable time to inspect works, monitor compliance, or investigate complaints. The Hirer must comply with all reasonable directions issued by Council officers.

Site Reinstatement

Upon completion of the booking, the Hirer must remove all equipment, temporary structures, signage, materials and waste, and reinstate the Hired Area to Council’s satisfaction, leaving it clean and in the same condition as prior to occupation.

Annexure A: Definitions and interpretation

Definitions in this Agreement, unless the context otherwise requires:

Approved Application
means an application for casual hire of the Hired Area that has been submitted to, assessed and approved by Council prior to occupation.

Agreement
means this Casual Hire Agreement, including the Approved Application, the Invoice, Annexure A – Special Conditions, and any additional conditions issued by Council from time to time.

Bond
means the bond payable by the Hirer to Council for the use and occupation of the Hired Area (if applicable), as specified in the Invoice.

Booking Date
means the date or dates approved for use and occupation of the Hired Area, as specified in the Approved Application.

Booking Time
means the time or times approved for use and occupation of the Hired Area, as specified in the Approved Application.

Council
means Boroondara City Council ABN 83 441 314 965 of 8 Inglesby Road, Camberwell VIC 3124, and includes its employees, agents and authorised representatives.

Event Permit
means a permit issued by Council authorising events, trading, food and beverage activities, and other approved uses of Council land.

Hire Fee
means the fee payable by the Hirer to Council for the use and occupation of the Hired Area, as specified in the Invoice.

Hired Area
means the area of Council land or facility approved for use and occupation by the Hirer, as specified in the Approved Application.

Hirer
means the individual, group, organisation or business approved to use and occupy the Hired Area under this Agreement, as specified in the Approved Application.

Invoice
means the invoice issued by Council to the Hirer for the Hire Fee and any Bond payable under this Agreement.

Maximum Occupancy
means the maximum number of people permitted to occupy the Hired Area at any one time, as determined by Council.

Purpose
means the approved purpose for which the Hirer is permitted to use and occupy the Hired Area, as specified in the Approved Application.

Special Conditions
means the conditions set out in Annexure A and any additional conditions imposed by Council in writing, which prevail to the extent of any inconsistency with other provisions of this Agreement.