Please read before completing, signing and submitting your booking form. Please keep a copy of these Condition of Use.
- Booking Form means the CHARLES STURT UNIVERSITY Equine Centre event and facility booking form required to be completed by the Hirer in relation to the hire of the Facilities.
- Conditions of Use means these conditions of use relating to the Hirer’s use of the Facilities during the Period.
- CHARLES STURT UNIVERSITY means Charles Sturt University and its officers, employees, agents, students and contractors.
- Facilities mean those facilities comprising the CHARLES STURT UNIVERSITY Equine Centre as identified in the Booking Form.
- Hire means the event or booking specified in the Booking Form.
- Hire Fees means the fees payable by the Hirer to CHARLES STURT UNIVERSITY for the use of the Facilities.
- Hirer means any individual, corporation, incorporated association, club or organisation requesting the use of Facilities as identified in the Booking Form.
- Period means the days/hours during which the Hirer is permitted by CHARLES STURT UNIVERSITY to use the Facilities as specified in the Booking Form.
- Purpose means the purpose and event specified in the Booking Form.
2. Grant of hire and fit for purpose
- In consideration of the Hirer agreeing to pay the Hire Fees to CHARLES STURT UNIVERSITY in accordance with the terms of CHARLES STURT UNIVERSITY’s invoice, CHARLES STURT UNIVERSITY grants to the Hirer the right to occupy the Facilities during the Period for the Purpose. The rights granted to the Hirer are in the nature of a licence only.
- The Period is defined as the actual days of activity. Arrangements can be made with the Equine Centre manager regarding appropriate times to set up and dismantle any equipment used by the Hirer without increasing the period of charged hire. If this equipment prevents use of the Facilities by resident users for a significant period of time, an additional hire fee will be charged for that time period.
- The Hirer acknowledges that:
- CHARLES STURT UNIVERSITY (including its staff and students) will also have access to and use of the CHARLES STURT UNIVERSITY Equine Centre; and
- The Hirer must not interfere with any other person authorised by to use any part of the CHARLES STURT UNIVERSITY Equine Centre.
- The Hirer is responsible for satisfying itself that the Facilities are fit for the Purpose and that the Hire will be able to carry out the Purpose within the Facilities in a safe manner. CHARLES STURT UNIVERSITY does not warrant that the Facilities are fit and proper for the Hirer’s Purpose. CHARLES STURT UNIVERSITY does warrant that the Facilities are in good working order.
- The Hirer agrees that any stable bookings must be made through Nominate at the following website: http://www.nominate.com.au/stables/VenueIntroduction.aspx?vid=382.
3. Fees and charges
- A Bond is required and the Hirer’s Booking Form will not be confirmed until the Bond and or full payment is received by CHARLES STURT UNIVERSITY. The Hirer grants CHARLES STURT UNIVERSITY the right to use all or part of the Bond pay for any damage suffered by CHARLES STURT UNIVERSITY including damage to the CHARLES STURT UNIVERSITY Equine Centre or the Facilities as a result of the actions of the Hirer (including its officers, employees, agents, contractors, members and patrons). Nothing in this clause will limit CHARLES STURT UNIVERSITY’s ability to recover additional damages from the Hirer.
- CHARLES STURT UNIVERSITY will send a taxation invoice to the Hirer:
- for the Bond on receipt of the Booking Form; and
- for the balance of the Hire Fees at completion of the Period.
- Fees quoted are inclusive of GST. Where a tax invoice is to be supplied by CHARLES STURT UNIVERSITY this document will be GST compliant and shall provide the recipient of the supply, or where different the payer, with the necessary documentation as shall enable or assist that party in claiming or verifying any input tax credit, rebate or refund in relation to the GST payable under these arrangements.
- The Hirer agrees to pay all fees in accordance with the relevant invoice. Payment may be made by cheque, credit card or direct deposit. Cash will not be accepted.
- If the Hirer cancels the Hire within 48 hours of the commencement of the Period, 50% of the Hire Fees will be charged. If the Hirer cancels the Hire outside of 48 hours prior to the commencement of the Period, 25% of the Hire Fees will be charged.
- CHARLES STURT UNIVERSITY may cancel the Hire if:
- the Facilities will be unfit for use during the Period;
- the Facilities may be unduly damaged by use for the Purpose;
- the Hirer has failed to comply with these Conditions of Use; or
- a higher priority booking is received.
- CHARLES STURT UNIVERSITY will not be liable for any loss or damage arising out of cancellations of the Hire by CHARLES STURT UNIVERSITY.
4. Risk, security and safety
- At least one (1) week prior to the Period, the Hirer will:
- carry out its own risk assessment of the Facilities to ensure that the Facilities are fit and proper for the Hirer’s Purpose and that the Purpose can be safely performed by the Hirer and provide a copy of such risk assessment to CHARLES STURT UNIVERSITY on request;
- complete any risk assessment forms if required by CHARLES STURT UNIVERSITY; and
- undertake any induction of the Equine Centre if required by CHARLES STURT UNIVERSITY.
- During the Period, the Hirer must:
- ensure that one or more appropriate qualified safety supervisor(s) / co-ordinator(s) be present at the Facilities all times. CHARLES STURT UNIVERSITY can request that a minimum number of supervisors / co-ordinators be present. The Hirer will provide proof of qualifications if requested by CHARLES STURT UNIVERSITY;
- supervise and control all participants and officials and restrict spectators to areas designated by CHARLES STURT UNIVERSITY for their use;
- provide for a safety (fire and emergency) briefing for the number of persons determined by the CHARLES STURT UNIVERSITY to be necessary, prior to use of the Facilities and ensure those persons are present at the Facilities for the purpose of ensuring safety in an emergency;
- arrange for First Aid Officer/s and their equipment to be present and available at all times; and
- comply with all CHARLES STURT UNIVERSITY policies, procedures, guidelines and regulation as provided by CHARLES STURT UNIVERSITY to the Hirer from time to time, and any directions given by CHARLES STURT UNIVERSITY to the Hirer from time to time, or any signage at the Facilities in so far as they concern the use of the Facilities.
- During the Period, the Hirer acknowledges and agrees that:
- A security phone is located on the exterior wall of the classroom and at the Equine Centre Office. These phone automatically dial through to CHARLES STURT UNIVERSITY Security.
- In the event of an accident/incident or near miss an incident report form must be completed, signed and returned to security within 24 hours of incident. Incident report forms can be found hanging in the amenities kitchen (building 114) and conference room (building 129). CHARLES STURT UNIVERSITY Security must be called if an ambulance is required to ensure the ambulance finds the correct location, all CHARLES STURT UNIVERSITY security personnel are first aid trained and carry a defibrillator in their vehicle. Blue security phone are located at buildings 121 and 129, lift the handle or dial 1800931633 on your mobile phone.
- In case of emergency evacuation, all persons must assemble in the car park area between the VCC and the indoor arena to await further instructions.
- Children under the age of 16 must be fully supervised by an adult at all times.
- Current Australian Safety Standards Approved safety helmets and smooth-soled riding boots must be worn at all times whilst riding, unless specifically approved otherwise by the Equine Centre manager at their absolute discretion.
- All persons handling horses must wear safe, fully-enclosed boots (which cover ankles) boots.
- Dogs must be restrained on a leash at all times.
- All gates on the Equine Centre must be left as they are found.
- Vehicles must proceed slowly in any area of the Equine Centre (speed limit is 10km/hr). No vehicles are to be parked around the stable area. Floats must only be parked in the designated float parking area.
- Horses MUST NOT be tied to stable doors, arena walls, gates or fences. Horses are to be kept off the banks of the indoor arena. All horses must be kept on a lead at all times.
- Stallions must not be tied up unattended at any time. Stallions must be adequately identified at all times.
- To report maintenance, stabling or general concerns and queries please contact CHARLES STURT UNIVERSITY security: 1800 931 633.
5. Conduct and Cleanliness
- During the Period, the Hirer must:
- keep the Facilities in a clean and tidy state and maintain a good and satisfactory appearance to the Facilities and all fixtures, fittings and equipment at the Facilities;
- if the indoor arena lights are turned on by the Hirer, they must be turned off at the completion of the Period. Once turned off, the lights must be allowed to fully cool down before being turned back on (allow at least 30 minutes);
- ensure that all manure, hay and rubbish must be picked up from all areas, including arenas using the wheelbarrows, brooms and rakes provided. Manure and hay is to be placed in the designated muck heap. Wheelbarrows must be emptied after every use and returned, along with brooms and rakes to the ends of the stable blocks;
- ensure that stables (including any portable stables hired by the Hirer from any external party with the prior approval of CHARLES STURT UNIVERSITY) are left clean; and
- ensure it holds appropriate stable bonds from users of any portable stables hired by the Hirer from any external party.
- If the Facilities are left in an untidy state, the Hirer will be charged a cleaning fee of $100 per area. Areas are:
- Stables – 101-120
- Stables – 210-224
- Yards – 200-207
- Indoor/Warmup Arena
- Competition Arenas
- Sand Arena
- Camping Area
- Amenities Block (Bld 114)
- Conference/Kitchen (Bld 129)
- Spectator Parking
- During the Period, the Hirer is responsible for the good conduct of its members and patrons. Any damage caused by the Hirer's members or patrons must be reported immediately to the Equine Centre manager. The cost of any repairs will be invoiced to the Hirer.
- In the event of vehicles being bogged and requiring pulling out the following charges will apply:
- Weekdays: Staff $35/hour
- Saturday: Staff Callout minimum 3 hour @ $35 x 1.5 times = $157.50
- Sunday: Staff Callout minimum 3 hour @ $35 x 2 times = $210
- Tractor Cost: $100/hour
- Large Farm tractor from farm $600/3 hours
- CHARLES STURT UNIVERSITY will not be held responsible for damage to vehicles. Contact security: 1800 931 633
6. Prohibitions on the Hirer
- The Hirer must not, without the prior approval in writing of CHARLES STURT UNIVERSITY:
- use the Facilities for any purpose other than the Purpose;
- allow any person not subject to the direction and control of the Hirer to use the Facilities;
- hawk, sell, dispose of or supply anything whatsoever, or do so contrary to any condition imposed by CHARLES STURT UNIVERSITY;
- bring, or permit to be brought, any animal (dogs on a leash or accompanying people with disabilities excepted), alcoholic beverage, fire arms, or dangerous goods;
- re-hire the Facilities to any other person/ organisation;
- use any part other than the Facilities booked;
- alter, move or remove any fixture, fitting or furnishing;
- erect temporary yards;
- erect or display any advertisement or do so contrary to any conditions imposed by CHARLES STURT UNIVERSITY;
- take any collection;
- conduct any game of chance, or mixed chance and skill, lottery, or sweep-stake;
- bet or wager, or permit any person to bet or wager;
- erect any marquee, hut, stall or similar structure or do so contrary to conditions imposed by CHARLES STURT UNIVERSITY;
- sell, offer or permit to be sold, offered or exposed for sale any refreshments or other goods or service or do so contrary to conditions imposed by CHARLES STURT UNIVERSITY;
- use their own equipment without the prior approval of CHARLES STURT UNIVERSITY. Permission may be granted if the equipment is compatible with existing arrangements, is suitable for use in the Facilities and has been tested and tagged in accordance with Australian Standards; or
- light or permit to be lit naked flames (including candles) or permit flame, explosive or fuel to be brought into the Facilities.
7. No smoking
- The Hirer acknowledges and agrees that CHARLES STURT UNIVERSITY is designated smoke free under the Smoke-Free Environment Act 2000 (NSW) and the Hirer must ensure that it complies with all relevant requirements of that Act.
- The Hirer must not:
- Make statements or imply through advertising or otherwise that CHARLES STURT UNIVERSITY is associated with the Hire, other than the provision of the Facilities. All CHARLES STURT UNIVERSITY campus advertising is subject to the approval of CHARLES STURT UNIVERSITY; and
- Use the CHARLES STURT UNIVERSITY image or branding without the written consent of CHARLES STURT UNIVERSITY.
9. Insurance, indemnity and limitation of liability
- The Hirer must maintain a current public liability insurance in the amount of not less than $20 million for any one occurrence from or related to the Hirer’s business or activities and provide CHARLES STURT UNIVERSITY with a certificate of currency when submitting the Booking Form.
- The Hirer will indemnify CHARLES STURT UNIVERSITY and its officers, employees, agents and contractors against all actions, claims, demands, losses, damages, costs and expenses for which CHARLES STURT UNIVERSITY or its officers, employees, agents and contractors may become liable in respect of or arising from any accident, loss, damage or injury to persons or property as a result of anything done or omitted to be done by the Hirer and the persons under its control or responsibility, in connection with the usage of the Facilities and in connection with these Conditions of Use.
- The Hirer’s liability for any claim arising from personal injury or death of any person or loss or damage to property will be reduced to the extent that such a claim is a direct result of a breach of these Conditions of Use on the part of CHARLES STURT UNIVERSITY, or any negligent act or omission of CHARLES STURT UNIVERSITY and its officers, employees, agents and contractors.
- Neither party will be liable in any circumstances for incidental, consequential or indirect losses of any nature arising from or in connection with these Conditions of Use.
- The Hirer’s liability to indemnify CHARLES STURT UNIVERSITY does not exclude or reduce the liability of, or benefit to, a party that may arise by operation of the common law, statute or the other terms of these Conditions of Use.
- CHARLES STURT UNIVERSITY may terminate the Hire immediately on notice to the Hirer if:
- the Hirer breaches any provision of these Conditions of Use; or
- CHARLES STURT UNIVERSITY becomes aware of conditions under which the Hire could jeopardise public safety or involve an unacceptable risk of personal injury or damage to the CHARLES STURT UNIVERSITY Equine Centre.
- If CHARLES STURT UNIVERSITY terminates the Hire in consequence of 10.1:
- the Hire Fee will not be refunded; and
- CHARLES STURT UNIVERSITY will not be liable for any loss or damage sustained as a result of closure.
CHARLES STURT UNIVERSITY takes care to respect the privacy of its Hirers. Personally identifiable information (name, address, etc) is requested in order to create a legally binding booking contract between the Hirer and CHARLES STURT UNIVERSITY. CHARLES STURT UNIVERSITY undertakes to treat any personal information in accordance with the provisions of the Privacy and Personal Information Protection Act 1998.
The personal information is collected by CHARLES STURT UNIVERSITY Equine Centre staff to assist in managing the CHARLES STURT UNIVERSITY Equine Centre facilities and may be disclosed to third parties for the purpose of debt recovery.