Hire Space Terms and Conditions

Preamble

United Co. bookings are governed by the following terms and conditions wherein ‘Hire Space’ means any meeting, training, conference room, boardroom, event space, venue, rooftop bar, business lounge or other room, and ‘The Client’ refers to any hirer, customer, member or client of the Hire Space, and their guests, attendees, contractors or parties. These terms and conditions cover access to the United Co. Hire Space for the purpose of private events while maintaining the integrity of the United Co. environment. In addition, it is intended to ensure the safety of the general public, attendees and staff. United Co. reserves the right to amend these terms and conditions without prior notice.

Bookings

All bookings are subject to availability, and confirmed upon payment as required. Should the Client require an affiliate booking, booked by United Co. on the Client’s request, these Terms & Conditions also apply to the affiliate booking.

Pricing

All prices are current at the time of printing and will be revised annually in line with CPI increases. United Co. reserves the right to change pricing schedules at its own discretion. 

Deliveries

Items, manuals, leaflets, equipment or other material delivered for a booking must be directed to the attention of the Event Coordinator with the event name and date clearly marked. Deliveries prior to the start of the event cannot be accepted and stored unless prior arrangements have been made. All deliveries should be made Monday to Friday 9.00am – 5.00pm to: Event Coordinator, 425 Smith Street, Fitzroy, Vic 3065.

Directing your attendees/guests

It is the responsibility of The Client to ensure that its guests are directed to the Hire Space and guest facilities. Guests to a booking are not permitted in any other space within United Co. Anybody entering an unauthorised area will be asked to leave. The Client will be responsible for any disruption or damage caused by a guest entering an unauthorised space.

All underage guests must at all times be under the strict supervision of a parent or legal guardian and must remain within the designated Hire Space and guest facilities. Underage guests MUST NOT consume alcohol, and if found to be doing so, will be asked to leave immediately.

Video monitoring

There are numerous CCTV recording cameras in various areas of United Co. and around the facility. We want our facility to be a safe environment and the security cameras are there for your protection. Only United Co. Management has access to the live feed or the recordings. Entering our premises or creating a booking implies consent to these video recordings.

The Client’s obligations

The Client will be held liable for any costs incurred to United Co. for any damage or vandalism to any part of the United Co. building or its contents, caused by themselves or an attendee, guest or staff. The Client must not, and must take active steps to ensure that none of its staff, contractors or guests, do any of the following:

(a) damage or attempt to damage any part of the United Co. building or its installations, fittings or fixtures; 

(b) damage, touch, lean against, sit on, move, cover, obscure or endanger any artworks, plants, furniture, lamps, ornaments, decorations, fixtures or fittings in the United Co. building;

(c) nail, screw, adhere or attach any sign, decoration or other item to any part of the United Co. building;

(d) interfere with or alter any of the electrical, security, lighting, visual or sound systems in the United Co. building;

(f) enter areas of the United Co. building other than the Hire Space, except for the areas designated by United Co. as the route for entry to and exit from the Hire Space or for use of toilet facilities;

(g) cause any nuisance to neighbours or other users of the United Co. building;

(h) create excessive noise or vibration in any part of the United Co. building;

(i) bring into the United Co. building any flammable materials, or light or maintain a naked flame except in a manner approved in writing by United Co.

(j) take or consume any food or drink outside the Hire Space;

(k) smoke anywhere inside the United Co. building or directly outside the main entry to the United Co. building;

(l) use the Hire Space or the United Co. building for any purpose except the Function;

(m) do, say or display anything defamatory, offensive or of a pornographic nature; or

(n) bring additional furniture into the Hire Space unless the prior written consent is provided by United Co.

The Client must:

(a) engage and have at the event sufficient staff to manage attendees/guests, including checking in, welcoming and directing guests; 

(b) comply with all Occupation Health and Safety laws and regulations applying to its workers;

(c) promptly remove any goods or materials brought into the Hire Space by or on behalf of The Client and that the Hire Space is left in the same condition it was at the commencement of use.  If the Hire Space has been left in a state where room recovery is required but has not been pre-arranged with the United Co. team, the Hire Space recovery fee will automatically be charged to the stored card. Room recovery can be pre-arranged with the United Co. Event Coordinator and is available at a fee.  United Co. will not accept responsibility for the loss or damage to equipment or merchandise left on the premises prior to, during, or after the booking.  Any items that have not been collected after the booking will be disposed of within 14 days;

(d) comply with all directions of United Co. management and staff whilst in the United Co. building;

(e) take responsibility for any damage, breakage or theft caused by themselves or their invitees or guests to the Hire Space, or any of the furniture or equipment supplied within. In such circumstances The Client will be invoiced by United Co. to cover the costs of damages, payable within 7 days. The Client undertakes to pay any cost for damages to the Hire Space, furniture or equipment to United Co.

Emergency services

The Client is liable for all costs associated with emergency services call outs including the fire brigade or ambulance resulting from a call by The Client, attendees or guests.

The Client must be aware of emergency procedures and ensure the Hire Space exit remains clear and unobstructed at all times.  The Client must use the Hire Space in a safe manner and keep all invitees and guests of the Hire Space safe. The Client is responsible for ensuring the orderly behavior of their guests and United Co. reserves the right to intervene where it sees fit.

Governing law

These terms and conditions are to be governed by and interpreted in accordance with the law of the state of Victoria, which is the appropriate jurisdiction and forum for any dispute concerning these terms.

Assignment

Rights arising out of or under these terms are not assignable by one party without the prior written consent of the other party or parties. A party may not unreasonably withhold its consent to assignment. A purported assignment without written consent will be deemed to be void and convey no rights.

Terms and Conditions and Variation

These terms and conditions supersede all previous agreements in respect of its subject matter and embodies the entire agreement between the parties. Variation to these terms and conditions are only valid if in writing and signed by both parties that same supersede said terms and conditions.

Waiver

No right under these terms is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by one party of its rights as a result of a breach by any other party under these terms does not prejudice its rights in respect of any other breach by that other party.

Relationships of the Parties

Unless specifically stated otherwise, the terms and conditions are not intended to create a relationship of partnership, joint venture or agency between the parties.

Indemnity

The Client indemnifies United Co., and each person claiming through United Co., against any liability or loss arising from, and costs incurred in connection with: the Client’s act or omission or that of its employees, contractors, agents, customers or visitors; a breach of these terms and conditions.  The Client must pay or reimburse United Co. all costs (including solicitors’ costs on an indemnity basis) incurred by United Co. by reason of the Client’s breach of the Terms. The Client will be responsible for United Co.’s reasonable costs in recovering any monies owed by The Client.

Liability

United Co.’s liability to the Client for breach of the terms and conditions will be capped at an amount equal to the Fees paid by the Client for the booking. United Co. will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.  The Client will release and indemnify United Co. for any loss incurred or any claim against United Co. resulting from a breach of the terms and conditions by the Client or any action of the Client, their employees or guests.  It is the Client’s responsibility to ensure that their property is fit for purpose and is used in a safe manner. The Client must ensure that any electrical equipment they bring into the space is inspected and tested in accordance with AS/NZS 3760:2010.  The Client will be liable for, and agrees to release and indemnify United Co. for any damage caused to the Hire Space, shared areas or other property of United Co., or for any claim brought against United Co., by malfunctioning or incorrectly used equipment brought into the Hire Space or common area by the Client or their employees, attendees or guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Australia.

To the maximum extent permitted under the law:

United Co., its related bodies corporate, their officers, employees, contractors and agents (“United Co. Parties”) shall not be liable for any theft, loss or damage from United Co. common areas or the Hire Space howsoever occurring.  The United Co. Parties shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the Internet.  The United Co. Parties shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or Internet damage that may occur to The Client or their parties. The Client releases and indemnifies United Co. from any claims in connection with the use of the Hire Space.  Should United Co. be unable to provide for your booking due to circumstances beyond our control, United Co. is not responsible for any costs, damages or expenses that you may suffer or incur. United Co. will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.  This clause survives termination of the Hire.

Insurance

The Client is responsible for the security of their property in United Co. It is the Client’s responsibility to arrange insurance for their own property which the Client brings to United Co. and for their own liability to their employees, attendees, guests and to third parties. The Client must ensure they have sufficient insurance to cover their property and any other liabilities, including but not limited to public liability and any State or Territory workers compensation insurance scheme.

No Transfer, Sub-Licensing or Security

The terms are personal to the Client. The Client must not transfer their Invoice or hire or otherwise part with or share the whole or any part of the Hire Space or other hire.

GST

All prices quoted exclude GST.  Any consideration to be paid or provided to for a booking or supply made under or in connection with these terms, unless specifically described in these terms as GST inclusive, does not include an amount on account of GST.

No Warranty as to Suitability

The Client agrees and acknowledges that United Co, or anyone acting on behalf of United Co., has not made any representation or warranty as to the suitability or adequacy of the Hire Space, the Services or the Furniture and Equipment; and it occupies the Hire Space and uses the Services and the Furniture and Equipment at its sole risk.

Force Majeure

A party shall not be liable for any failure of or delay in the performance of the hire arrangement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, failure in manufacture, production, or supply by third parties of equipment or services or any other force majeure event. Such events may prevent us from providing the Client with access to the Hire Space, providing the Services in whole or in part, or may prevent the Client from performing its obligations under the Terms. In the event that any of the above events occur, either party may terminate the hire if the delay or failure continues for a period of 60 days or more.

1. Additional Term and Conditions Relating to the Various Hire Rooms

The following terms of use will apply specifically for hire of any of the United Co. meeting rooms, boardroom, training room, conference or other rooms (referred to herein as ‘the Hire Space’):

Confirmation of Booking

A booking is only confirmed when the booking process is completed, with payment made and confirmation email received by the Client.

Food Service/Catering

Catering from our in-house cafe can be ordered with 3 days notice, please make the arrangements with the United Co. team. You can also order coffee for your guests during your meeting and have them delivered to the Hire Space. Other food or drinks may not be brought into the Hire Space, in the instance that food, drinks or arranged catering is brought into the Hire Space that has not been provided by the in-house cafe, a surcharge of $15 per head to the maximum occupancy of the Hire Space will be raised to the Client and charged immediately to the stored card.

Suitability of the Hire Space

Occupancy numbers in the Hire Space must not exceed the Hire Space capacity.  In the event that there are more attendees than the maximum occupancy permitted in the Hire Space, United Co. will move your booking to a more suitable room at the expense of The Client with the additional charges immediately charged to the stored credit card.

In the event the Hire Space originally designated for a booking is not available or inappropriate in the opinion of United Co. management, United Co. reserves the right to assign another room of similar standard or better to that previously booked at no additional cost for the booking.

Commencement and Ending Times

Set-up and pack-up/room recovery time must be factored into the booking time.  You must pack up and exit promptly by the end of the booked time allocation.  If you continue to use the Hire Space after the booked time allocation, additional charges will be raised for the additional time spent in the Hire Space and charged immediately to the stored card at the usual hourly rate of the Hire Space.  Charges will occur at the commencement of the hour.  A requested extension of time for your meeting can be arranged with the United Co. Event Coordinator if the Hire Space is available, charges for the additional time will be charged to the stored card immediately.

Cancellation Policy

Cancellation can be made by the Client in writing to United Co. by emailing [email protected]

Cancellation may be made without penalty up to one week prior to the booking date.
When 4 to 6 days notice to cancel is provided, 50% of the hire rate will apply;
When 3 days or less notice to cancel is provided, 100% of the hire rate will apply.
Meeting room credits or credit notes will be provided which may be used on rescheduled or future bookings. Refunds will not be provided.

2. Additional Terms and Conditions Relating to Event Space Hire

The following terms and conditions will apply specifically for hire of the United Co. Event Space, Rooftop Bar, Business Lounge and 8G Cafe (referred to herein as ‘the Hire Space’):

Validity of Quotes

Quotes provided to The Client are valid for a 14 day period after which items and pricing may vary.

Confirmation of Booking

Bookings are only confirmed once The Client has paid the 50% deposit in an accepted payment form. Final details of the booking including numbers of attendees must be provided no less than 10 (ten) business days prior to the date of the event.

Payment of Charges

The Client must first pay a 50% deposit to confirm and lock in the booking. Final payment (full balance) quoted, including catering charges, will be required fourteen (14) days prior to the event or booking date. Any further charges incurred and invoiced to The Client will be payable within seven (7) days of the date of invoice. Payments not received within 30 days will incur a 2% monthly interest charge. Any costs associated with debt collection will be charged to The Client.

Hire Space Cancellation Charges

Cancellations made by The Client will only be accepted with no charges applicable when received in writing thirty (30) days prior to the event or booking date.

Cancellations made after thirty (30) days prior to the event or booking date will incur charges as follows:

Less than thirty (30) days notice: 50% hire rate will apply;

Less than fourteen (14) days notice: 100% hire rate will apply;

*Hire rate includes any additional and extra charges (such as catering) added to the booking.

Removal of Products From a Confirmed Quote/Invoice

Once a deposit is made the quote remains flexible until 14 days prior to the hire date. If the hire date is more than 14 days away, products can be removed entirely from the quote without penalty unless a product is custom ordered or custom designed. Once the hire date is less than 14 days away, if a product is removed from the quote (i.e. if the order contains 100 chair covers, and all 100 are removed) The Client is subject to pay 100% of the hire value.

Fees & Charges

The Hire Space booking fee does include:

(a) Access and use of the Hire Space for the use and times as stated on the invoice.

(b) Two (2) x 30 minute appointments for viewing of the Hire Space and discussing developing and finalising booking specifications.

(c) Waste removal as specified in these terms below.

(d) Audio visual facility fixed within the space.

Commencement and Ending Times

The Client agrees to set up the Hire Space and pack up within the event times noted on the invoice. The Client will not be given access to the Hire Space prior to the Start Time (unless previously arranged and noted on the invoice with United Co. staff), and must have packed up and vacated the Hire Space by the End Time. United Co. charges up to $1000 plus GST per hour (chargeable at the commencement of the hour) additional fee for bookings that run over the agreed time.

Staff & Security

(a) United Co. reserves the right to book security/door management personnel at the expense of the Client if we feel that there is risk to property and/or assets and as standard for bookings in the Rooftop Bar.

(b) In an effort to ensure quality control and the appropriateness of events, United Co. reserves the right to have at a minimum one employee be a non-participating attendee at any event at no cost to United Co. or the employee. We will occupy, at most, one seat/reservation and will not consume supplies that would result in an additional cost to the event holder. Refusal to permit the United Co. employee to monitor the event may result in immediate termination of your event.

(c) The Client must ensure that their Event Manager is present and in control of the Function at all times.

(d) The Client must not permit into the United Co. building more than the expected number of attendees/guests specified to United Co. at the time of advising final numbers, additional charges may apply; 

Alcohol Service

(a) Service and consumption of alcohol is limited to the period of the event. 

(b) Alcohol must not be taken out of the Hire Space;

(c) Guest age verification is the the responsibility of the Client to ensure that no minors are served alcohol;

(d) Alcohol will be served by qualified United Co. bartenders. Guests are not permitted to serve alcohol or permitted behind the bar;

(e) Guests may consume alcohol responsibly, and United Co. reserves the right to refuse service to anyone showing signs of intoxication;

(f) The Client is responsible for the behaviour of their guests and may be liable for any damages or disturbances caused by excessive drinking;

(g) Guests are expected to be respectful of United Co. staff, inappropriate behaviour including but not limited to harassment, aggression, or excessive intoxication will not be tolerated and the offending guest will be asked to leave. 

(h) Use of illegal drugs or other prohibited substances is not allowed on the premises;

(i) Guests are not allowed to bring their own alcohol. Charges will apply to The Client if their guests bring alcohol to the Hire Space.

Food Service/Catering

Food or catering for your event can be arranged and supplied through our in house Catering Team. Food items that are permitted and not permitted are as follows:

Food Items Permitted: 

(a) A custom birthday cake or similar item for a special private event/party; 

(b) Items that are being demonstrated or sampled as part of your business for which the event owner has a licence to serve (examples: Shake, nutrition bar, coffee tasting). 

Not Permitted: 

(a) Any food item prepared at home that is being served by a business to its customers or potential customers; 

(b) Any food item purchased or prepared at another location being brought in for group consumption; 

(c) Electrical appliances which prepare food/drink on-site; 

(d) External food delivered for an event (examples: Pizza, take-out..etc.) 

Under no circumstances are external food items to be served to a group on the premises by a business or business representative to customers regardless of where they were acquired or prepared. United Co. refutes all liability and by having an event, The Client hereby indemnifies United Co. for food items in violation of this policy. We reserve all rights to restrict any particular food item from entering the premises at our sole discretion. In the instance that this condition is disregarded and The Client brings in their own food and drink items, a surcharge of $15 per head to the maximum occupancy of the Hire Space will be raised to The Client. 

Waste Removal

(a) United Co. strives to reduce its waste and asks that The Client keep their waste to a minimum. 

(b) The following quantity and volume of recyclable bins are provided – 1 x 60 litre recyclables, 1 x 60 litre general waste. 

(c) Any quantities in excess of these will need to be removed by the Client or incur a waste removal fee. 

(d) Items left in the Hire Space will be held for 14 days, and if not claimed within this time will be disposed of.