If the event cannot be held on the scheduled date (“Event Date”) because of any government action, order or directive relating to the prevention, eradication or management of COVID-19, and that action, order or directive restricts the number of people who may attend the event to less than the specified number people, which is imposed in Auckland at any time in the five day period prior to the Event Date (“COVID-19 Restriction”), then the Hirer may elect to either postpone or cancel the event, in which case the following shall apply: | |
(a) | If the event is postponed to a date when the COVID-19 Restriction no longer applies, which is within 6 weeks of the Event Date, then the Venue shall retain all money received from the Hirer under the Venue Hire Agreement up to the date of the date of the postponement, and shall apply such money towards the hire fee and third party service charges, as applicable, for the postponed event; or |
(b) | If the event is postponed to a date when the COVID-19 Restriction no longer applies, which is 6 weeks or more after the Event Date, then the Venue shall refund all money received from the Hirer under this Agreement up to the date of the postponement (except the deposit). Such amount will become payable from the Hirer to the Venue for the postponed event in accordance with the terms and conditions of the Venue Hire Agreement; and |
(c) If the event is cancelled then: | |
(i) | The Venue will refund all hire fees paid to the Venue as at the date of cancellation; and |
(ii) | The Hirer will be liable for, and must pay to the Venue on demand, any third party costs or invoices that the Venue has incurred in carrying out its obligations under the Venue Hire Agreement up to the date of cancellation, including, but not limited to, any catering, security, or audio visual charges. |
These conditions of hire are the full terms related to every hire agreement that is signed for use of the National Hockey Centre operated by North Harbour Hockey Association.
North Harbour Hockey Association’s Rights and Obligations.
Unless the context otherwise requires the following words have the following meanings:
“Agreed Use” means the specific use for which the Hirer is able to use the Hire Area as set out in Schedule 1.
“Agreement” means the agreement relating to hiring the Hire Area for the Hire Period which comprises the Schedules, any other schedules, plans and annexures attached to them together with these General Terms and Conditions and any policies, procedures, guidelines and rules set out by North Harbour Hockey Association relating to the use, occupation, services, safety and security of the Venue.
“Bond” means the bond (if any) set out in Schedule 1.
“Booking and Bumping Policy” means The North Harbour Hockey Association’s booking and reservations policy as may be updated or amended by North Harbour Hockey Association from time to time.
“Business Day” means any day of the week other than Saturday, Sunday, or any public holiday or regional holiday observed in Auckland.
“Caterer” means North Harbour Hockey Association’s caterer to the Venue from time to time.
“Common Areas” means the areas shown coloured in yellow on the Venue Site Plan which the Hirer is authorised to use in common with North Harbour Hockey Association and any other authorised user of the Venue.
“Consumer Price Index” means the Consumer Price Index (All Groups) as calculated by the Department of Statistics and published quarterly (or such replacement index (as reasonably nominated by North Harbour Hockey Association) of the Consumer Price Index (All Groups) should that index cease to exist).
“Corporate Hospitality Packages” means any special promotional packages to the Event which may include such extras as food and beverage provided in a corporate dining setting and preferential/exclusive seating rights.
“Credit Card Surcharge” means any surcharge payable by the Hirer on credit card payments made under this Agreement and being at the rate determined by North Harbour Hockey Association from time to time.
“Deposit” means the deposit paid on account of the Hire Fee as specified in Schedule 1.
“Due Date” means the due date for any payment as specified in Schedule 1.
“Duty Manager” means North Harbour Hockey Association’s representative on duty at the Venue during the Hire Period.
“Event” means the event or activity to be staged by the Hirer at the Venue using the Hire Area.
“Force Majeure” means any event or circumstance beyond the reasonable control of the party claiming the existence of such event or circumstance which that party is unable to prevent or overcome by the exercise of reasonable care and at a reasonable cost, and includes but is not limited to:
“General Terms and Conditions” means these general terms and conditions.
“Gross Revenue from Ticket Sales” means, in relation to a Public Event, the total revenue received by the Ticketing Agent on behalf of the Hirer in relation to ticket sales for the Event being the ticket price less:
but excluding revenue (if any) received by the Ticketing Agent on account of tickets sold as part of a Corporate Hospitality Package.
“Hire Area” means those areas within the Venue or any area adjacent to the Venue to be hired or used by the Hirer either exclusively or in common with others, as detailed in the Venue Site Plan.
“Hire Fee” means the Hire Fee set out in Schedule 1 (but subject to adjustment in accordance with clause 11).
“Hire Period” means the period specified in Schedule 1.
“Hirer” means the person named as the Hirer in Schedule 1 where the context requires and includes:
“Hirer’s Publications” means all promotions, advertising, signage and other like materials, tickets, broadcasting, television, film, electronic media or other publications produced by or on behalf of the Hirer related to the Event.
“Hirer’s Representatives” mean those persons nominated in writing by the Hirer with authority to make arrangements on behalf of the Hirer with North Harbour Hockey Association.
“Losses” means, without limitation, any damage, cost, loss, claim, expense or liability of whatever nature (including the costs referred to in clause 13 together with default interest specified in clause 10.2(f)) incurred or sustained by a party by reason of the acts or omissions of the other party (including the breach of this Agreement by the first party) and, in relation to North Harbour Hockey Association, means any damage, cost, loss, claim, expense or liability of whatever nature incurred or sustained by North Harbour Hockey Association:
“Major Event” means an event which the Governor General by order in Council declares to be a Major Event in accordance with the powers contained in Section 7 of the Major Events Management Act 2007.
“Pack-In” means and refers to that part of the Hire Period during which the Hirer erects and installs any infrastructure needed for the Event in the Hire Area and during which the Hirer prepares the Hire Area and the Venue for the Event.
“Pack-Out” means and refers to that part of the Hire Period after completion of the Event during which the Hirer must remove its entire Event infrastructure from the Hire Area and the Venue.
“parties” means North Harbour Hockey Association and the Hirer.
“Patron” means a person attending the Venue for an Event and “Patrons” has a corresponding meaning.
“Private Event” means an event or activity not open to the general public.
“Public Event” means an event or activity which is stated to be a Public Event in Schedule 1 being an Event which is open to the general public irrespective of whether a ticket is required for entry.
“Service Charges” means the total amount payable by the Hirer to North Harbour Hockey Association for all Services provided under this Agreement.
“Services” means those services provided by North Harbour Hockey Association as set out in Schedules 1-4, which may include but is not limited to catering, security, technical support, supply of equipment, parking, cleaning, supply of employees and personnel and other services provided to the Hirer by North Harbour Hockey Association or the Venue or their contractors.
“North Harbour Hockey Association” means the North Harbour Hockey Association Trust Board, being the owner and operator of the Venue.
“Ticketing Agent” means North Harbour Hockey Association’s ticketing agent used for the Event.
“Venue” means any of the North Harbour Hockey Association venue known as The National Hockey Centre located at 159 Bush Rd, Albany, Auckland.
“Venue Images” means the name, logo/s, trademark/s (registered or unregistered), and images of or relating to the Venue and North Harbour Hockey Association and its facilities;
“Venue Resource Consent” means the resource consent granted to North Harbour Hockey Association by Auckland Council under the operative District Plan/proposed District Plan.
“Venue Site Plan” means the plan attached to this Agreement showing the inside Hire Area under this Agreement outlined in red, the outside Hire Area outlined in green, and any Common Areas that North Harbour Hockey Association will allow the Hirer to access outlined in yellow.
In the construction of this Agreement, unless a contrary intention appears:
3.1 North Harbour Hockey Association reserves the right to refuse to hire any part of the Venue without stating any reason for the refusal.
3.2 Despite anything else contained in this Agreement, North Harbour Hockey Association reserves the right to cancel any booking at any time in accordance with North Harbour Hockey Association’s Booking and Bumping Policy.
3.3 Subject to clause 6, North Harbour Hockey Association licenses the Hirer to use the Hire Area and the Hirer agrees to take on licence the Hire Area for the Hire Period on the terms and conditions set out in this Agreement.
4.1 This Agreement may apply to more than one Event. Where the Hire Period is in respect of multiple Events, this Agreement will operate for every such Event specified in Schedule 1 provided that North Harbour Hockey Association may change the prices included in this Agreement for any Event in accordance with clause 11.
4.2 Contractors engaged by the Hirer must operate within the Hire Period. The Hirer may at its discretion increase the Hire Fee if the Hirer’s contractors require access before the Pack-in Date or after the Pack-out Date.
4.3 Deliveries before and after the Hire Period will only be accepted if North Harbour Hockey Association has first agreed to them.
4.4 The term of this Agreement runs from the date this Agreement is signed by all parties until the earlier of the:
5.1 The Hirer may only use or access the Hire Area on a day/s within the Hire Period.
5.2 The Hirer will not use or permit to be used the whole or any part of the Hire Area for any use other than for the Agreed Use.
5.3 The Hirer will pay such further charges as determined by North Harbour Hockey Association on demand if any part of the Venue other than the Hire Area is used by the Hirer or for anything other than the Agreed Use.
5.4 The Hirer will co-operate with other occupiers, users and hirers of the Venue and take all reasonable steps to avoid disruption or inconvenience to them.
5.5 The Hirer must ensure that the number of people in the Venue does not exceed the Maximum Capacity of Venue stated in Schedule 1. The Hirer will be liable for the fines, costs or expenses that North Harbour Hockey Association may incur if this maximum capacity is exceeded.
6.1 No booking is confirmed until this Agreement is signed, the Hirer has paid the Deposit, and the Hirer has provided evidence to North Harbour Hockey Association that it is a legal entity (e.g. certificate of incorporation where a corporate entity).
6.2 The Hirer will not advertise, promote, or announce any function or event in or at the Hire Area or Venue until the booking is confirmed. If the Event is a Public Event, tickets to the Event cannot be sold until the booking is confirmed.
7.1 Where required by North Harbour Hockey Association the parties will work together to develop an Event plan immediately after this Agreement has commenced. The Event plan may include among other things the Hirer’s health and safety plan for all activities undertaken within the Hire Period, a risk management plan, an evacuation plan, an Event site plan, equipment plan, a Pack-in and Pack-out plan, cleaning requirements, onsite traffic management plan, catering, security, and any other requirements that North Harbour Hockey Association may reasonably require. North Harbour Hockey Association must approve any Event plan as a condition of this Agreement no less than 30 days prior to the first day of the event.
7.2 The Hirer must immediately notify North Harbour Hockey Association of any changes proposed to the approved Event plan and any changes are subject to approval by North Harbour Hockey Association.
7.3 North Harbour Hockey Association will maintain overall supervision and control of the Venue during the Hire Period so as to protect the Venue. North Harbour Hockey Association’s supervision and control does not limit or reduce the Hirer’s responsibilities and/or liability under this Agreement.
North Harbour Hockey Association will:
9.1 North Harbour Hockey Association has preferred supplier relationships with certain parties, particularly in relation to cash handling and audio visual equipment and services to the Venues. If the Hirer does not use North Harbour Hockey Association’s preferred suppliers, North Harbour Hockey Association may appoint its preferred supplier to oversee any activities undertaken by parties contracted to the Hirer to ensure that the activities meet the standards and requirements of North Harbour Hockey Association (acting reasonably). The costs incurred by North Harbour Hockey Association in making these arrangements are chargeable to and payable by the Hirer.
9.2 Requirements for security must be discussed with North Harbour Hockey Association before the Event. The Hirer will ensure appropriate security for the Event is engaged and provided by North Harbour Hockey Association’s exclusive security supplier. The Hirer must comply with clause 16.2 and Schedule 2 at all times. All costs and charges in relation to security will be payable by the Hirer as set out in Schedule 1.
9.3 North Harbour Hockey Association has an exclusive relationship with its Caterer as set out in Schedule 3. All costs and charges in relation to catering will be payable by the Hirer as set out in Schedule 1.
9.4 In respect of ticketing North Harbour Hockey Association has a relationship with a selected number of ticketing agencies, one of whom the Hirer must use for any ticketed Event.
10.1 The Hirer must pay North Harbour Hockey Association all fees set out in Schedule 1 and this clause 10 in the manner and on the dates specified in Schedule 1. All payments must be made without deduction or set off. All amounts payable are subject to change where permitted by this Agreement.
10.2 The Hirer must also pay any extra costs, expenses and charges incurred by North Harbour Hockey Association specifically related to the Event.
The Hirer must pay the Deposit specified in Schedule 1 at the time and in the manner specified in Schedule 1. The Deposit is a payment on account of the Hire Fee.
The Hirer must pay the Hire Fee specified in Schedule 1 at the time/s and in the manner/s specified in Schedule 1.
The Hire Fee shall be the amount specified as the Hire Fee in Schedule 1 except in cases where there is a Gross Revenue from Ticket Sales Percentage specified in Schedule 1. In that case, the Hire Fee will be an amount which is the greater of either:
(i) the Hire Fee specified in Schedule 1; or
(ii) an amount which is equivalent to the Gross Revenue from Ticket Sales multiplied by the Gross Revenue from Ticket Sales Percentage set out in Schedule 1, except that the Hire Fee will not exceed the Maximum Hire Fee if one is specified in Schedule 1.
Where there is a Gross Revenue from Ticket Sales Percentage specified in Schedule 1, the Hirer authorises North Harbour Hockey Association within the period that is 10 days before the Event to obtain a report from the Ticketing Agent for the Event stating the Gross Revenue from Ticket Sales. If at that time the Gross Revenue from Ticket Sales multiplied by the Gross Revenue from Ticket Sales Percentage set out in Schedule 1 is less than the Hire Fee, North Harbour Hockey Association may at its discretion require the Hirer to immediately pay the difference to North Harbour Hockey Association. Such a payment will be treated as a Deposit for the purposes of this Agreement.
The Hire Fee covers only the Venue hire. Service Charges are payable in addition to the Hire Fee.
The Hirer must pay the Bond specified in Schedule 1 at the time and in the manner specified in Schedule 1.
The Bond, less any amounts retained by North Harbour Hockey Association under this Agreement, will be repaid to the Hirer within 20 Business Days of the Pack-out Date. North Harbour Hockey Association may retain out of the Bond amounts (as determined by North Harbour Hockey Association acting reasonably) to cover Losses sustained by North Harbour Hockey Association. The payment of the Bond does not limit the Hirer’s liability in relation to Losses sustained by North Harbour Hockey Association.
If the Hirer provides a bank deposit slip amounts payable to the Hirer can be direct credited to the Hirer’s bank account.
The Hirer must pay the Service Charges specified in Schedule 1 at the time and in the manner specified in Schedule 1.
The Hirer must also pay on demand any further Service Charges as determined by North Harbour Hockey Association (acting reasonably) for costs that arise as a result of the Event including but not limited to traffic management and parking, any alterations to the Venue’s occupancy permit, and additional cleaning of the Venue including any change rooms, toilets and showers not left in a tidy condition.
In relation to Deposits, Hire Fees, and Service Charges for Events that are not ticketed via The North Harbour Hockey Association’s Ticketing Agent the following payment options are available:
Failure to pay any amount on time may lead to cancellation of the Hirer’s booking.
Late payments will incur default interest calculated at 2.5% of the Hire Fee per calendar month.
Once a booking is confirmed in accordance with clause 6 and the Event is subsequently cancelled by the Hirer, the following charges apply:
11.1 The Hire Fee specified in Schedule 1 applies to only the first Event occurring under this Agreement. If this Agreement relates to Events that occur over more than one year and if a price review mechanism is not specified in Schedule 1, this clause 11 will apply in relation to a Hire Fee review for each subsequent Event as detailed below.
The Hire Fee will be reviewed for each subsequent Event on the anniversary of the first Event. The new Hire Fee and Maximum Hire Fee (if applicable) will be an amount determined in accordance with the following formula:
D = A x (B/C)
Where:
A = Hire Fee for the hireage in the year immediately preceding the review date;
B = Consumer Price Index ending on the quarter immediately preceding the review date;
C = Consumer Price Index ending on the quarter immediately preceding the date of the first Event or the date of the immediately preceding review, whichever is the later;
D = Hire Fee for the next Event following the review date –
provided that (B/C) will never be less than 1.
11.2 If a price review mechanism is specified in Schedule 1 then the Hire Fee for each subsequent Event will be increased by the greater of either the mechanism stated in:
12.1 Termination by North Harbour Hockey Association: North Harbour Hockey Association may immediately terminate this Agreement either in whole or in part by notice in writing to the Hirer, if:
12.2 No termination (in whole or part) will affect the Hirer’s liability to pay any money under this Agreement. Any Deposit paid will not be refunded by North Harbour Hockey Association if it terminates this Agreement under this clause 12. In addition to any other remedies available to North Harbour Hockey Association, the Hirer will be liable to North Harbour Hockey Association for the amount of:
12.3 On termination under this clause 12 the Hirer will immediately remove all the Hirer’s property, vacate the Venue and immediately deliver to North Harbour Hockey Association all property belonging to North Harbour Hockey Association.
12.4 The Hirer will have no entitlement to claim Losses from North Harbour Hockey Association as a result of termination under this clause or cancellation where clauses 14 and 15 apply.
12.5 Termination will be without prejudice to North Harbour Hockey Association’s right to recover the Hire Fee and other money payable by the Hirer under this Agreement and without prejudice to the rights of either party against the other in respect of an earlier breach of any of the provisions contained or implied in this Agreement.
The Hirer will pay all North Harbour Hockey Association’s debt collection costs and its legal costs (on a solicitor/client basis) of, and incidental to, the enforcement or attempted enforcement of North Harbour Hockey Association’s rights, remedies, and powers under this Agreement.
The Hirer acknowledges and agrees that if the Venue is an emergency welfare centre for Civil Defence purposes, and a civil defence emergency occurs, the Venue in part or in its entirety may be required for use as an emergency welfare centre without notice. In that case the Hirer will vacate the Hire Area and the Venue immediately without any right to compensation except that any payments made on account of the Hire Fee will be refunded to the Hirer.
15.1 North Harbour Hockey Association reserves the right at its discretion to either cancel the Event or use reasonable endeavours to move the Event to an alternative date should North Harbour Hockey Association require the Hire Area for a Major Event in line with its applicable booking policy.
15.2 Where this clause 15 applies, no compensation is payable by North Harbour Hockey Association but any payments made on account of the Hire Fee or Service Charges will be either:
16.1 The Hirer will ensure that the use of the Hire Area by the Hirer and those persons for whom the Hirer is responsible, comply with:
16.2 The Hirer must adequately supervise and control all Patrons and ensure that only persons subject to the discretion and control of the Hirer are given access to the Hire Area. North Harbour Hockey Association may at its discretion set security and appropriate behaviour standards or levels of supervision for the Event as set out in Schedule 2, and may direct that the Hirer engage additional security or the assistance of the New Zealand Police to achieve those standards or levels of supervision.
16.3 The Hirer must not, in or adjacent to the Venue during the Hire Period, without the prior approval in writing of North Harbour Hockey Association:
16.4 The Hirer must liaise with North Harbour Hockey Association’s nominated engineer no later than 14 days before the Event regarding any load to be applied to the roof of the Venue and must, before the Event, secure the approval of the Venue’s engineers for the Hirer’s intended use of the roof and comply with any requirements imposed by North Harbour Hockey Association’s nominated engineer.
16.5 The Hirer acknowledges the load limitation criteria of various Venues as follows:
16.6 The Hirer acknowledges that non-compliance with the limitations above or any requirements imposed by North Harbour Hockey Association’s nominated engineer could result in catastrophic roof failure.
17.1 The Hirer must at all times comply with all applicable New Zealand laws, bylaws, regulations, codes, standards, liquor licensing, and resource consents (including without limitation the Venue Resource Consent, all licences for public assembly, and in relation to noise control).
17.2 Without limiting the scope of this clause 17 the Hirer will:
17.3 The Hirer is liable for all costs and expenses of complying with this clause 17.
17.4 Copies of all licences, permits, consents or certificates must be provided to North Harbour Hockey Association not less than 10 Business Days before the Pack-in Date.
18.1 By signing this Agreement the Hirer warrants that the Event and the use of the Venue are accurately described.
The Hirer warrants that the Venue will not be used for performance or activity that is:
18.2 North Harbour Hockey Association reserves the right to cancel any performance or activity immediately upon written notice where in the opinion of North Harbour Hockey Association, acting reasonably, such performance or activity is objectionable, in breach of reasonable standards of public decency, or likely to create a nuisance.
The Hirer warrants to North Harbour Hockey Association that no form of inducement or reward has been or will be directly or indirectly provided to any of North Harbour Hockey Association’s staff or representatives.
20.1 The Hirer is deemed to have inspected the Venue and to have become adequately acquainted with the Venue, its equipment, and Services.
20.2 The Hirer acknowledges that North Harbour Hockey Association has made no representation concerning the adequacy or appropriateness of the Venue, its equipment, and/or Services for the Hirer’s purposes or the Event.
21.1 Use and occupation of the Venue by the Hirer is at the Hirer’s own risk in all cases.
21.2 North Harbour Hockey Association, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or loss, theft, or removal of any property brought or left by any person (including the Hirer) in any part of the Venue, including any cloakroom or dressing room. The Hirer indemnifies North Harbour Hockey Association, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal, or any loss sustained by any person in consequence of such damage, theft, or removal.
21.3 Equipment and/or goods stored at the Venue outside of the Hire Period may incur a storage fee.
22.1 For all Events, the Hirer will obtain and maintain (and will produce to North Harbour Hockey Association not later than 10 Business Days before the Pack-in Date evidence of) public liability insurance for not less than $5,000,000 with an insurance company approved by North Harbour Hockey Association.
22.2 The policy must include as a named insured North Harbour Hockey Association and the officers, agents, and contractors of North Harbour Hockey Association, a cross liability clause, and will be endorsed so that the underwriters waive their rights of recourse on North Harbour Hockey Association and the officers, agents, and contractors of North Harbour Hockey Association.
22.3 The Hirer acknowledges it is an essential term of this Agreement that the Hirer complies with this clause and North Harbour Hockey Association will be entitled to prevent the Hirer’s Event from occurring at the Venue until the Hirer has complied with this clause.
The Hirer will be liable to North Harbour Hockey Association for any Losses arising as a result of:
24.1 The Hirer must not make nor allow to be made any alterations or additions to any part of the Venue nor hang any items from the walls or ceiling (including, without limitation, decorating the Venue) or install any electrical or mechanical device without first obtaining the written consent of North Harbour Hockey Association.
24.2 North Harbour Hockey Association will inspect the Venue the next Business Day after the Hire Period ends to assess any damage. The Hirer may arrange to be present during this inspection.
24.3 If any damage occurs this will be repaired by North Harbour Hockey Association’s contractor at the Hirer’s cost.
24.4 The cost of making good any resulting damage to the Venue or Services to the Venue will be payable by the Hirer in addition to any other money payable under this Agreement.
The Hirer will give to North Harbour Hockey Association prompt notice of any incident which occurs, or any defect in the Venue of which the Hirer becomes aware.
26.1 The Hirer must ensure that any equipment used during the Hire Period is returned to the place it was found at the commencement of the Hire Period.
26.2 The Hire Area (including all buildings and structures, internal and external, walls, grass, hard surfaces, and any equipment) must be reinstated by the Hirer at its sole cost to at least the condition it was in immediately before the Hire Period commenced. All reinstatement must be completed within the Hire Period, after which time North Harbour Hockey Association may complete reinstatement on the Hirer’s behalf and at the Hirer’s cost under clause 24.3.
27.1 The Hirer must discuss any sponsorship requirements for the Event with North Harbour Hockey Association.
27.2 The Hirer must not enter into sponsorship arrangement for the Event:
The Hirer will ensure that:
The Hirer must confirm the name and contact details of the Hirer’s Representatives to North Harbour Hockey Association on signing of this Agreement. The Hirer’s Representatives must have the authority to direct all and any of the Hirer’s employees, agents, contractors or invitees, must be contactable by North Harbour Hockey Association at all times during the Hire Period and must be at the Venue during the Event and have authority to authorise Event-related expenses.
30.1 The Hirer acknowledges that the high quality and accuracy of the Hirer’s Publications and the proper, correct use of the Venue Images are important to the continuing success of North Harbour Hockey Association, the Venue, and events conducted there, and to the reputation and image of North Harbour Hockey Association and the Venue and its facilities. Accordingly, the Hirer agrees:
30.2 North Harbour Hockey Association agrees to act reasonably when asked for its approval in relation to any matter contemplated by this clause 30 and to treat as confidential any material given to North Harbour Hockey Association for its approval.
31.1 In using the Venue the Hirer will not infringe or breach any copyright or permit or allow any copyright to be infringed by any person for whom the Hirer is responsible. The Hirer will obtain and comply with the terms of any licence required from any holder or owner of copyright which is required for the Event or for any performance related to the Event.
31.2 The Hirer will indemnify North Harbour Hockey Association if North Harbour Hockey Association suffers any Losses as a result of the Hirer or any person for whom the Hirer is responsible breaching the obligations stated in this clause.
32.1 The Hirer will not make (or permit the making of) any audio and/or audio visual recording and it will not grant broadcasting or filming rights related to Event without the prior written consent of North Harbour Hockey Association. North Harbour Hockey Association may impose conditions and requirements on the Hirer incidental to the giving of consent under this clause. Cameras may be brought into and used inside the Venue for private (but not commercial) purposes.
32.2 North Harbour Hockey Association will not be responsible for any consequences arising from any matter contemplated by this clause 32 (including allegations of breach of privacy or infringement of intellectual property by a third party) and the Hirer will indemnify North Harbour Hockey Association for any Losses suffered in connection with any matter contemplated by this clause 32.
The Hirer is solely responsible for obtaining all necessary consents from all persons interested in the copyright or performing rights of any matter used by the Hirer. The Hirer will indemnify North Harbour Hockey Association if North Harbour Hockey Association suffers Losses as a result of the Hirer or any person for whom the Hirer is responsible breaching the terms of this clause.
34.1 The Hirer will not make any announcements, publicity, statements or disclosures about any matter related to this Agreement, including, by way of example only, North Harbour Hockey Association, North Harbour Hockey Association’s staff, contractors or service providers, the Venue and its facilities, except in a form and manner acceptable to North Harbour Hockey Association or as may be required by law.
34.2 Before the Hirer communicates with any neighbours of the Venue, the information to be provided must be approved by North Harbour Hockey Association and North Harbour Hockey Association reserves the right to have that information and communication sent by North Harbour Hockey Association itself (as opposed to the Hirer), and to be present in any meetings between the Hirer and any neighbours of the Venue.
34.3 Despite anything else in this Agreement, North Harbour Hockey Association reserves the right to provide the Hirer’s details to any industry, regulatory or law enforcement authority in connection with any aspect of the Event as it sees fit.
35.1 North Harbour Hockey Association is entitled to enter the Venue at any time (without notice) for any reasonable purpose related to North Harbour Hockey Association’s business (but not to attend the Event as a Patron). Such access will be carried out without undue interference with the Hirer’s use of the Venue.
35.2 North Harbour Hockey Association has its own Venue security pass which all North Harbour Hockey Association’s staff associated with operating the Venue during the Event will wear at all times. Alternatively, the Hirer can provide North Harbour Hockey Association with the relevant Event passes free of charge for its staff during the Event.
35.3 The Hirer will ensure that all gate and security staff are aware of the relevant passes and arrange for the appropriate free access for North Harbour Hockey Association.
35.4 Despite anything else in this Agreement, North Harbour Hockey Association specifically reserves the right to:
36.1 North Harbour Hockey Association will provide a Duty Manager during the Hire Period. The Duty Manager represents North Harbour Hockey Association and oversees use of the Venue during the Event. The Hirer must comply with all requests made by the Duty Manager.
36.2 If North Harbour Hockey Association (acting reasonably) considers that there are any conditions in relation to the Event or associated with the Event which are unsafe or which could cause harm it will inform the Hirer or the Hirer’s Representatives and prompt action will be taken by the Hirer to rectify the concern.
36.3 If the Duty Manager considers that the action taken by the Hirer is inadequate then the Duty Manager may, at the Hirer’s expense, remove Patrons or people, vehicles or any other property from the Venue, or refuse any Patron or person access to the Venue. The Duty Manager is also responsible for completing a site inspection before opening the Hirer’s Event to the public. If an area is found to be unsafe such area cannot be opened to the public until it has been made safe.
36.4 Any difficulties the Hirer has with North Harbour Hockey Association’s safety procedures must be discussed before the Pack-in Date.
36.5 Emergency procedures take priority over all other arrangements.
36.6 North Harbour Hockey Association may, at the Hirer’s cost, require any Patron or person or Patrons or group of people to leave the Event or may terminate the Event if a situation arises or is likely to arise that in the opinion of the Duty Manager (acting reasonably):
36.7 The provision of a Duty Manager does not limit or reduce the Hirer’s responsibilities or liability under this Agreement.
37.1 For all Public Events, North Harbour Hockey Association will manage the on-site parking for the Event and may charge a fee for public parking on-site and North Harbour Hockey Association will be entitled to retain as its revenue all fees charged. Event staff may park at no charge on presentation of the correct parking accreditation.
37.2 If:
then North Harbour Hockey Association will charge to the Hirer the costs (or the balance of such costs as applicable) of management of the on-site parking.
37.3 For Private Events North Harbour Hockey Association may choose whether it manages the parking on-site or whether it will requires the Hirer to do so. If North Harbour Hockey Association requires the Hirer to manage the parking on-site then the Hirer will follow North Harbour Hockey Association’s reasonable directions and all policies, procedures or guidelines of North Harbour Hockey Association relating to the same.
37.4 Vehicles must not be parked and bicycles must not be left in any of the exit ways of the Venue. North Harbour Hockey Association, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or the loss, theft or removal of, any vehicle or bicycle (including those of the Hirer). The Hirer indemnifies North Harbour Hockey Association, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal or any loss sustained by any person that is the consequence of such damage, theft, or removal.
38.1 North Harbour Hockey Association has exclusive rights to all commercial cleaning of the Venue. The Venue will be cleaned thoroughly after the Event and all costs of cleaning will be on-charged to the Hirer as part of the Service Charges if stated in Schedule 1 or otherwise as specified in this Agreement.
38.2 The Hirer acknowledges that if, as a result of the Event or the Hirer’s hire of the Venue, the Venue requires extraordinary cleaning then North Harbour Hockey Association reserves the right to charge an additional amount reflecting the additional costs and expenses incurred by North Harbour Hockey Association related to such extraordinary cleaning.
Subject to North Harbour Hockey Association complying with relevant privacy laws and any reasonable requirements of the Hirer (including North Harbour Hockey Association obtaining releases from any person who will be recorded or photographed), where the Event is a Public Event, North Harbour Hockey Association reserves the right to record and/or photograph any Public Event for its own historical records and for its own publicity purposes.
The Venue has specific locations for any signage to be placed. The Hirer must not affix, paint, or exhibit any name, sign, name-plate, signboard, or advertisement of any description within, on or to the Venue without the prior written approval of North Harbour Hockey Association. For this purpose the Hirer will submit a proposal for any such display (including sponsor and wayfaring signage) to North Harbour Hockey Association for its approval including a copy of the proposed sign, notice or advertisement. Use of Venue signboards is subject to availability. Incorrect details on signage may result in the Hirer having to replace signage with the correct name or details at the Hirer’s cost.
41.1 North Harbour Hockey Association may undertake redevelopment of the Venue without reference to the Hirer. The licence granted to the Hirer under this Agreement does not give the Hirer any rights in relation to the Venue other than the rights specifically provided in this Agreement. Such redevelopment may involve building demolition and/or construction and the closure of parts of the Venue or access restrictions during the Hire Period.
41.2 North Harbour Hockey Association will advise the Hirer of any development that may affect the Event.
If the Venue or any portion of the buildings, car parks or grounds which form part of the Venue will be destroyed or so damaged as to render the Venue unusable in the opinion of North Harbour Hockey Association then the licence for the Event affected will immediately terminate, without affecting the application of this Agreement for future Events. Any termination under this clause will be without prejudice to the rights of either party against the other. The provisions of clause 12 do not apply to termination under this clause 42.
43.1 North Harbour Hockey Association will not be responsible to the Hirer for any act, omission, default or neglect of any other hirer, tenant, licensee, service provider, contractor, agent, representative or Patron of the Venue.
43.2 The Hirer agrees that it cannot make a claim against North Harbour Hockey Association and/or North Harbour Hockey Association’s employees and/or representatives unless the claim is made before the date falling 20 Business Days following the Pack-out Date.
43.3 The Hirer agrees that North Harbour Hockey Association’s liability under this Agreement is at all times limited to an amount equivalent to the Hire Fee, or in cases where this Agreement relates to multiple Events the Hire Fee payable in relation to the first Event. Each of North Harbour Hockey Association’s employees and representatives is also to enjoy the benefit of this provision.
44.1 If the Event is a Public Event then, the Hirer will, free of charge, provide North Harbour Hockey Association with the number of Reserved Tickets specified as North Harbour Hockey Association’s Reserved Tickets in Schedule 1.
44.2 If the number of North Harbour Hockey Association’s Reserved Tickets is not stated in Schedule 1, the parties will agree before the Event the number of North Harbour Hockey Association’s Reserved Tickets to the Event. In all cases the parties will agree the seating location for North Harbour Hockey Association’s Reserved Tickets before the Event.
44.3 North Harbour Hockey Association will be entitled to sell North Harbour Hockey Association’s Reserved Tickets at its discretion and retain the whole of the proceeds from sale of such tickets.
44.4 The parties will act reasonably in relation to the matters contemplated by this clause 44. In the case where the parties cannot agree, clause 48 will apply.
45.1 If the Event is a Public Event, then unless otherwise specified in Schedule 1 North Harbour Hockey Association is entitled to host guests in a room within the Venue determined by North Harbour Hockey Association (after consultation with the Hirer) before, during and after the Event.
North Harbour Hockey Association may assign this Agreement but the Hirer may not assign, transfer, mortgage or charge the Hirer’s interest in this Agreement, sub-license or grant any other person any rights in respect of the Venue or this Agreement.
47.1 All amounts stated in this Agreement are exclusive of Goods and Services Tax (“GST”). The Hirer will pay all GST payable in relation to any fees, charges or other amounts payable by the Hirer under this Agreement and GST will be paid by the Hirer when any fees, charges or other amounts are due for payment by the Hirer under this Agreement. Where any GST is not paid by the Hirer in accordance with this clause the Hirer will pay Default GST. It will not be a defence to a claim against the Hirer for payment to North Harbour Hockey Association of Default GST that North Harbour Hockey Association failed to mitigate North Harbour Hockey Association’s loss by not paying an amount of GST when it fell due under the Goods and Services Tax Act 1985.
47.2 For the purposes of this clause, “Default GST” means any interest, or late payment penalty, or other sum imposed on North Harbour Hockey Association under the relevant taxation legislation by reason of non payment of the GST payable in respect of the supply made under this Agreement but does not include any such sum levied on North Harbour Hockey Association by reason of default by North Harbour Hockey Association after payment of the GST to North Harbour Hockey Association by the Hirer.
48.1 If a party believes that there is a dispute in relation to this Agreement, it will first notify the other party in writing giving details of the dispute. The dispute will then be promptly referred to a senior representative of each party for resolution. Pending resolution of the dispute, both parties will continue to perform all their obligations under this Agreement.
48.2 If the dispute remains unresolved 15 Business Days after the meeting of senior representatives referred to above, then within a further 5 Business Days the senior representatives will try to agree a process for resolving the dispute, such as further negotiations, mediation, independent expert determination, or mini-trial, but no arbitration or litigation.
48.3 Nothing in this clause 48 will prevent any party commencing any legal proceedings for injunctive relief.
49.1 Anything required to be given in writing under this Agreement must be in writing and delivered personally to the recipient or be posted to the recipient at the address, facsimile number or email address stated in Schedule 1 or as designated by the recipient in writing to the other from time to time.
49.2 Anything sent is deemed to be received:
The rights and obligations of the parties under this Agreement which by their nature extend beyond the expiry or termination of this Agreement and in particular any right to damages, remain in effect beyond such expiry or termination until fulfilled and are enforceable by the parties’ administrators, successors and assigns.
No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
This Agreement will be exclusively governed by the law of New Zealand.
53.1 Either party to this Agreement may be excused from performing its obligations under this Agreement to the extent it is prevented from doing so because of an event of Force Majeure and will not be held liable for any loss of income or costs incurred by the other party.
53.2 If either party wishes to claim the benefit of an event of Force Majeure, it will give the other party prompt written notice of the event, and specifying the effect on this Agreement. The parties’ obligations will resume on the cessation of the event of Force Majeure and the parties will negotiate in good faith any adjustments required to take account of the event of Force Majeure.
Subject to any express clause in this Agreement to the contrary, no amendment or variation to this Agreement is effective unless it is in writing and signed by all parties.
The Agreement constitutes the entire agreement of the parties about its subject matter and any previous agreements (whether written or oral), representations, conditions or warranties on that subject matter will cease to have effect.
The parties agree that to the fullest extent permitted by law, no warranties or guarantees or other terms are to be implied into this Agreement, including under the Consumer Guarantees Act 1993, the Sale of Goods Act 1908 or otherwise.
If there is any conflict between these General Terms and Conditions and the Schedules, the Schedules (and any other specific terms of hire detailed within those Schedules) will prevail.
Nothing in this Agreement will create any partnership, joint venture, agency or trust relationship between the parties, and a party may not make, or allow to be made, any representation that such relationship exits between the parties. A party will not have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in this Agreement.
If any person enters into this Agreement on behalf of an incorporated entity then:
This Agreement may be signed in any number of counterparts and may be exchanged by facsimile, email and other electronic means.
If any provision of this Agreement is or becomes unenforceable, illegal, or invalid for any reason then the relevant provisions will be deemed to be modified only to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provisions will be severed from this Agreement, without affecting the enforceability, legality or validity of any other provision of this Agreement.
62.1 The parties will treat the Hire Fee and Service Charges as confidential information under this Agreement.
62.2 Any discounts, sponsorship, contra, or provision of any similar support that is offered or provided to the Hirer by North Harbour Hockey Association in connection with the Event are strictly confidential and may not be disclosed by the Hirer to any third party. In addition to any other remedy that North Harbour Hockey Association may have under this Agreement, in the event that the Hirer breaches this clause 62.2 North Harbour Hockey Association may claim Losses or other damages from the Hirer commensurate with the particular breach of this clause 62.2.
62.2 In carrying out the obligations of this Agreement either of the parties may disclose to the other party confidential or commercially sensitive information (“Confidential Information”). The parties must at all times keep confidential, treat as privileged, and not directly or indirectly make or allow any disclosure or use to be made of any Confidential Information, except to the extent:
62.3 Without limiting clause 50, this clause 62 will survive termination or expiration of this Agreement.
Notwithstanding any other provision to this Agreement, including clause 54, North Harbour Hockey Association may vary or amend these General Terms and Conditions and/or any policies, procedures, guidelines and rules set by North Harbour Hockey Association relating to the use, occupation, services, safety and security of the Venue provided that:
Venue Hire Terms and Conditions Last Updated 01/01/2021
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North Harbour Hockey Association Incorporated