VENUE HIRE TERMS AND CONDITIONS

Dated 18 December 2025

1.           Venue Hire

PACT agrees to hire its Venue Areas to you according to the terms of a Hire Agreement and as set out in any attached Schedules.

PACT reserves the right to access any part of its premises during the Hire Period at its discretion (for example, to access PACT’s office or for safety or compliance purposes). PACT will use its best efforts to communicate requirements with you in advance and/or access the venue in a way that does not interfere with your use.

2.         Hire Period

The initial term of the Agreement commences on signing an agreement and expires on the completion of the Hire Period.

3.         Hire Fee

3.1.          The Hire Fee includes all costs incurred as part of your Venue Hire, including but not limited to venue use, equipment hire, cleaning, consumables, and the costs of personnel (e.g. technical crew) necessary to realise your project.

3.2.          You will pay the Hire Fee by the date(s) set out your agreement. Unless otherwise agreed, the Hire Fee includes a deposit, a security bond, the balance of the hire fee and any additional fees or costs incurred.

3.3.          Performance hires will incur a bar guarantee of $180 per performance ($400 per Sunday/public holiday performance), which covers the costs of one FOH crew member. High-capacity events (>70) required additional FOH crew which will be charged separately as part of Crew Costs. Bar sales will be reconciled within 14 days of the end of your Hire Period and any amounts short of the guarantee will be paid by you upon receipt of an invoice from PACT.

3.4.          Your booking is not confirmed until PACT receives your deposit and security bond payment.

3.5.          Prior to the beginning of your Hire Period and following a Production Meeting, PACT may provide you with breakdown of any additional production costs (equipment or personnel) mutually agreed as Schedule 2. You will pay Schedule 2 costs upon receipt of an invoice from PACT.

3.6.          PACT may set off any amounts owing to PACT from amounts owing to you (e.g. return of your security bond and/or bar guarantee).

4.         Working with PACT

4.1.          Both parties will at all times work diligently and to the best of our skill and ability, and in the best interests of the project and each other.

4.2.          You will comply with PACT’s policies and procedures, including PACT’s Code of Conduct.

4.3.          You will provide PACT with information needed to help realise the project, including cultural, access and technical requirements and crew details.

4.4.          You will attend Production Meetings with PACT to assist in the carrying out of your Venue Hire:

a.      Production Meeting 1 – minimum 4 weeks prior to the start of your Hire Period at which you will provide all lighting, sound, AV, staging, seating, crew requirements, and other technical information;

b.     Production Meeting 2 – minimum 2 weeks prior to the start of your Hire Period at which you will provide a final hour-by-hour Production Schedule (detailing activities, people, and contact details for all people who will be working onsite) and a Risk Assessment; and

c.      Venue Safety Induction Meeting – at a time agreed either before or at the beginning of your Hire Period.

4.5.          PACT will engage all front-of-house and back-of-house crew needed to realise your Venue Hire activity, as mutually agreed.

4.6.          PACT retains a One Music Australia license for rehearsal and foyer music. You warrant that you own or have obtained all necessary copyrights, performance rights, consents and licenses to deliver the project, including but not limited to script, audio, visual and lighting components, cultural permissions, photographs and marketing materials.

4.7.          Both parties recognise the importance of Indigenous Cultural Intellectual Property (ICIP) of any type including but not limited to as described by artslaw.com.au. Both parties will work in good faith to ensure that any use of ICIP as part of the project is done so in a culturally appropriate manner including using appropriate acknowledgements of custodial interest and that free, prior and informed consent of relevant knowledge holders has been obtained.

4.8.          You will retain all right, title and interest in the intellectual property in any work created by you as part of the project unless otherwise agreed.

4.9.          You will not promote the event as being associated with PACT or use PACT’s logo without PACT’s prior written consent.

4.10.       If PACT provides support for your project through a subsidy on venue hire or other means, you agree to acknowledge PACT’s support in printed and online marketing collateral if requested.

4.11.       If your Hire Period includes a public activity, you will provide PACT with an Audience Report setting out total audience numbers and tickets sold within 14 days after the end of the Hire Period.

4.12.       In the event of an onsite accident or injury or damage or loss to PACT’s premises or equipment, you will immediately contact PACT staff.

5.         Use of the Premises

5.1.          You will only use PACT’s premises for the Activity specified in Schedule 1.

5.2.          You will not do the following without PACT’s prior written approval in each instance:

a.      affix signs, decorations or other items, including to PACT’s theatre, exterior, foyer or other common areas;

b.      store any items at PACT – storage of equipment and other materials may incur an additional fee;

c.      rig equipment or staging materials in any area;

d.      plug any non-PACT equipment into onsite power;

e.      bring any toxic or dangerous substances onsite;

f.       paint or build staging or other objects onsite;

g.      park vehicle(s) on the premises or in the driveway;

h.     remove or cover any of PACT’s signage; and

i.       dispose of production rubbish in PACT’s skips – rubbish removal may incur an additional fee.

5.3.          At the beginning of your Hire Period, you will be given access codes/devices to the building and security system. You will not reproduce access codes/devices without PACT’s prior written permission, and you will return, delete, or destroy any access codes/devices at the end of your Hire Period. You will be charged the replacement costs for any access devices you lose or damage.

5.4.          You will keep all hired areas, including any common areas, clean and tidy at all times and protect the premises from damage or loss.

5.5.          You will comply with any safety instructions PACT staff give you, including but not limited to load weights, audience capacity, fire egress and evacuation procedures.

5.6.          You will secure PACT whenever you leave the premises unattended by locking all exits and doors and alarming the property. If you fail to adequately secure the premises, you may be charged an additional security fee of $300 in each instance.

5.7.          You will ensure that no loud and/or amplified sound is played before 10am or after 10pm on any day during your Hire Period, and that sound levels comply with legal noise restrictions and instructions from PACT staff.

5.8.          At the end of your Hire Period, you will leave all equipment and hired areas, including any common areas, clean and in the condition they were at the start of your hire (to be determined at PACT’s sole discretion). You may be notified in writing and issued with an invoice for the costs associated with returning any equipment or area to satisfactory condition.

5.9.          PACT is a no smoking venue. You will ensure no person associated with your Venue Hire smokes or vapes onsite, including in the courtyard.

5.10.       PACT has an On-premises Liquor Licence. You will ensure no person associated with your Venue Hire brings and/or consumes alcohol onsite other than alcohol sold by PACT.

6.         Insurances, Liability, Indemnity

6.1.          You will maintain, at a minimum, Public Liability Insurance for the hired area for an amount of at least $20 million for the duration of the Hire Period. This insurance must include, without limitation, any risk associated with or arising directly or indirectly from the hired area, including the condition of the hired area.

6.2.          You will indemnify and keep PACT indemnified for and against all damages, action, suits, claims, costs and demands, which may be made or recovered against PACT by any person whatsoever in respect of any loss, injury (including death) or damage sustained whilst in or at the Venue except to the extent that such loss, injury or damage is caused by the negligence of PACT or its agents.

6.3.          PACT provides workers compensation insurance for PACT employees only. PACT recommends that all independent companies and self-employed artists take out workers compensation or personal accident insurance; see Fair Work Australia for more information.

6.4.          Each party agrees to indemnify the other party against any liability caused by a) any serious and wilful misconduct by either party; and b) any conduct that did not occur during, nor arise out of the specific engagement outlined within this agreement.

6.5.          You ensure PACT that you will meet any and all legal, taxation, insurance and other requirements necessary to comply with carrying out your Venue Hire activity in NSW.

6.6.          You will provide PACT with copies of all Certificates of Currency upon execution of this agreement and notify PACT immediately if an insurance policy is cancelled or an event occurs which may lead to a claim or affect the rights under an insurance policy in connection with the hired area, the premises or PACT’s property or equipment.

7.         Termination & Cancellation

7.1.          You may terminate your hire agreement without cause by giving written notice in advance of the Hire Period, with the following cancellation fees applying on the cost of the total hire:

a.      Cancellation with more than 21 days’ notice will be fully refunded less a 10% admin fee.

b.      Cancellation with 15-21 days’ notice will incur a 25% cancellation fee.

c.      Cancellation with 8-14 days’ notice will incur a 50% cancellation fee.

d.      Cancellation with 7 or less days’ notice will incur a 100% cancellation fee.

7.2.          PACT may terminate your agreement without cause with 21 days’ written notice, in which case PACT will reconcile and refund any amounts owing.

7.3.          Notwithstanding any other provision in this agreement, PACT may terminate your agreement without further notice if:

a.      You fail to comply with any of the terms and conditions of this agreement;

b.      You go into receivership or liquidation or are otherwise unable to pay your debts or cease or threaten to cease to carry on business or otherwise become insolvent;

c.      PACT has notified you that in our opinion you are involved in conduct or activity that we consider detrimental to PACT’s reputation, and you fail to remedy that conduct or activity within a specified time; or

d.      PACT finds your conduct or activity within the premises to be in breach of Government health and safety regulations and/or mandates, or at risk to the safety of the venue, its patrons, its staff and/or the general public.

7.4.          Termination of this agreement will not affect the accrued rights or remedies of either party.

7.5.          No party is liable for any delay or failure to perform its obligations under this agreement to the extent that the delay or failure is caused by a Force Majeure.

a.      In the event of a Force Majeure, PACT will refund your security deposit and 50% of your deposit as set out in Schedule 1.

b.      Force Majeure means any event or condition beyond a party’s reasonable control that renders the performance of an obligation by a party impossible or impracticable. Those events or circumstances include but are not limited to acts of God, acts of civil or military authority, fire, strikes and labour disputes, floods, epidemics, pandemics, quarantine restrictions, war, riot, delays in transportation, natural disasters, unavailability of parts or equipment failure provided always the part owing the obligation was not at fault in the event or condition occurring.

8.         Dispute Resolution

8.1.          If a grievance arises which is unresolved by direct and open conversation between the parties, the following steps will be taken:

a.      The grievance and/or complaint will be communicated in writing to the other party, and PACT will initiate a meeting to be held within the following week.

b.      If the matter remains unresolved, it will be escalated to PACT’s CEO or an independent arbiter, with all parties entitled to appoint another person, organisation or association to represent them during this process.

c.      Both parties will continue to perform their duties to the best of their ability while the resolution process is underway and maintain confidentiality throughout the process.

9.         Miscellaneous

9.1           Nothing in the hire agreement will be taken to constitute any party as a tenant, lessee, landlord, lessor, employer, agent, partner, or joint venturer of the other.

9.1           The terms and conditions outlined in the agreement constitute all the terms and conditions of your engagement and replace any prior understanding or agreement between you and PACT.

9.1           Your rights and benefits outlined in this agreement are personal to you and may not be assigned, pledged or encumbered by you without PACT’s prior written consent.

9.1           The agreement can be executed by electronic communications and in any number of counterparts in which case all counterparts taken together will constitute one instrument.

9.1           The terms and conditions referred to in the agreement may only be varied by written notice agreed by both parties.

9.1           The construction, validity and performance of the agreement is governed in all respects by the laws of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales.