These Venue Hire Terms & Conditions (Venue Terms) apply when Hillform Studio Inc (Hillform) accepts a booking for third-party use of all or part of the Hillform venue at 127 Fridays Creek Road, Upper Orara, Coffs Coast NSW 2450 (Venue). The person or organisation named in the booking confirmation is the Hirer.
The booking confirmation or quote, these Venue Terms and any written event-specific conditions or venue rules together form the Hire Agreement.
The Hire Period is the period stated in the booking confirmation and includes setup, supplier access, deliveries, pack-down and cleaning unless Hillform agrees otherwise in writing. The Hirer must not access or occupy the Venue outside the Hire Period without approval. Additional time may be charged at the rate notified by Hillform.
Hire fees, deposits, security bonds, cleaning fees and any other charges will be set out in the booking confirmation or quote. Unless otherwise stated, the balance of the Hire Fee is due 14 days before the Hire Period. For bookings made within 14 days, Hillform may require full payment at confirmation.
Hillform may require a security bond. Hillform may apply the bond toward reasonable costs caused by the Hirer or attendees, including damage, extraordinary cleaning, unreturned keys, unauthorised overtime or removal of property, and will return any remaining balance within a reasonable time after inspection. If reasonable costs exceed the bond, the Hirer remains responsible for the excess to the extent permitted by law.
Alcohol may only be brought, supplied, sold or consumed where Hillform has given prior written approval and all applicable liquor licensing and responsible service requirements are met. The Hirer is responsible for any licence or permit required for its activity unless Hillform expressly agrees otherwise.
Catering, cooking, open flames, candles, smoke or haze effects, hazardous materials, specialist equipment, temporary structures or other higher-risk activities require Hillform’s prior approval. Hillform may impose reasonable conditions or refuse an activity where it creates an unacceptable safety, property, insurance or compliance risk.
Hillform may require the Hirer to provide evidence of suitable public liability insurance, particularly for commercial, public-facing, higher-risk or contractor-led bookings. Any required level of cover will be stated in the booking confirmation or otherwise notified before confirmation.
The Hirer is responsible for ensuring that its contractors, caterers, performers, facilitators and other suppliers are appropriately qualified, insured and compliant with applicable laws. Third-party suppliers do not become Hillform’s agents simply because they work at the Venue.
The Hirer must leave the Venue in substantially the condition in which it was provided, allowing for reasonable wear from the approved activity. All Hirer property, decorations, rubbish and supplier materials must be removed unless Hillform agrees otherwise. Hillform may charge reasonable additional cleaning or waste-disposal costs where the Venue is left beyond the agreed cleaning scope.
Unless the booking confirmation states a different cancellation arrangement, the following standard cancellation policy applies. Cancellation must be notified in writing. Any cancellation fee will be limited to Hillform’s reasonable administration, committed costs and loss arising from the cancellation, and Hillform will take into account any replacement booking that reasonably reduces that loss.
| Notice before Hire Period | Maximum standard cancellation charge |
|---|---|
| 30 days or more | Up to 10% of the Hire Fee. |
| 15–29 days | Up to 25% of the Hire Fee. |
| 7–14 days | Up to 50% of the Hire Fee. |
| Less than 7 days | Up to 100% of the Hire Fee, but only to the extent reasonably reflecting Hillform’s loss and committed costs. |
Refunds of amounts paid will be calculated after applying any permitted cancellation charge and any non-refundable third-party costs that were specifically incurred for the Hirer and disclosed or reasonably contemplated as part of the booking.
Rescheduling is subject to Venue availability and Hillform’s written agreement. Unless the booking confirmation states otherwise:
If the price or scope of the replacement booking changes, the Hire Fee will be adjusted accordingly. Only one reschedule is available under this standard policy; further date changes may be treated as a cancellation unless Hillform agrees otherwise.
Hillform may cancel, suspend or reschedule a booking where the Venue becomes unavailable or unsafe, including because of severe weather, bushfire or emergency conditions, unsafe road access, utility failure, damage, public health requirements, government direction or another circumstance that prevents safe or lawful use.
Where Hillform cancels a confirmed booking and cannot provide the agreed hire service, the Hirer may choose a refund of the amounts paid to Hillform for the affected service or an agreed alternative date, subject to any different rights or remedies required by law. Hillform is not responsible for the Hirer’s third-party supplier, travel or accommodation costs except to the extent required by law.
The Hirer is responsible for loss of or damage to the Venue or Hillform property to the extent caused by the Hirer, its attendees, contractors or suppliers, fair wear and tear excepted. The Hirer must promptly report damage, incidents, hazards or injuries to Hillform.
To the extent permitted by law, the Hirer indemnifies Hillform against claims, loss or damage arising from the Hirer’s breach of the Hire Agreement or negligent or unlawful acts or omissions of the Hirer, attendees, contractors or suppliers. This indemnity does not apply to the extent loss was caused by Hillform’s negligence, breach of contract or breach of law.
The Hirer must take reasonable care for the safety of attendees, suppliers and staff and comply with emergency and safety directions. Hillform may stop an activity or require people to leave where Hillform reasonably believes there is an immediate safety, legal or property risk.
Nothing in these Venue Terms excludes or limits liability or rights that cannot lawfully be excluded, including applicable consumer guarantees and liability that cannot be excluded under law.
The Hirer may accurately identify Hillform as the venue for an approved booking. The Hirer must not imply that Hillform sponsors, endorses or co-presents the event without prior written consent, and must not use Hillform’s logo or other brand assets except as approved.
Personal information collected for venue hire will be handled in accordance with Hillform’s Privacy Statement. The Hirer is responsible for lawfully collecting and handling any attendee information it controls. Where the Hirer provides attendee information to Hillform, it must have authority to do so.
If a dispute arises, the parties should first try to resolve it in good faith by discussing the issue and the practical outcome sought. These Venue Terms are governed by the laws of New South Wales, Australia, and the parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any rights that apply under consumer law.
