Kitchen Hire Terms & Conditions

Effective Date: 3 November 2023

General Responsibilities of the Hirer

1.    Hirers must treat the venue, staff, and other users with respect and use the premises in a safe, lawful, and responsible manner.

2.    Noise must be kept to a reasonable level. Offensive behaviour or disturbance to nearby residents or businesses is not permitted.

3.    Smoking is not allowed inside or near doorways. It is permitted only outside the front entrance.

4.    The Hirer will be liable for any costs incurred by us to repair or replace our property damaged as a result of the Hirer’s event.

5.    Advertising, signage and decorations must not be installed by the Hirer using sticky tape, gaffer tape, blu tack, screws, nails or similar fixings. Any damage caused by these or similar items will be repaired at the expense of the Hirer.

6.    Naked flames or items causing smoke cannot be used by the Hirer or the Hirer’s participants in the venue.

7.    Talcum powder, confetti, glitter, helium balloons and similar items must not be used by or on behalf of the Hirer within the venue or in any areas adjacent to the venue.

8.    Haze and smoke machines or any activities that create steam or smoke are not permitted in the facility.

9.    We and our employees will not be liable to the Hirer or any other person for any loss or damage sustained by the Hirer or any persons, firm or corporation involved in or attending the event.

10.Additional conditions: for bookings that involve large numbers of participants, significant structures and/or significant OHS risks, additional conditions and requests may be applied by us.

Cleaning and Maintenance

11.The hirer must clean all surfaces, equipment, and dispose of all waste at the end of the booking.

12.Any excessive rubbish must be removed at the hirer’s expense.

13.Additional cleaning charges will apply if the venue is left in an unsatisfactory condition. These will be invoiced and must be paid within 7 days.

14.Access to the venue must occur strictly within the booked hours. This includes setup and pack-down time.

15.A $200 key replacement fee will apply if the venue key is not returned within 48 hours.

16.The hirer is responsible for safe handling and returning all furniture and equipment to original positions.

17.No subletting or transferring of bookings is allowed.

18.New Hirers and their contractors are strongly encouraged to attend a site orientation visit.

19.Hirers are obliged to remove all goods when vacating the premises. Any goods remaining on the premises following a booking will be classified as ‘unclaimed goods’ for the purposes of this agreement.

20.We will provide the Hirer with notice of any other unclaimed goods and require their removal within one day. We will provide reasonable access to the premises for this purpose.

Equipment, Materials & Decorations

21.Items such as talcum powder, glitter, streamers, confetti, helium balloons, flammable materials, and poisons are not permitted without written approval.

22.No installation of signage or materials is allowed without written approval.

23.The venue must not be used for storage, and Otao Kitchen is not liable for items left on site.

Venue Use Limits

24.Venue capacity must not be exceeded.

25.No gambling, illegal activity, or food handling without appropriate permits.

26.If food is sold or served, City of Yarra approval is required.

27.The hirer is liable for all emergency service call-out fees resulting from their activity.

28.Signs, banners, notices and other promotional material must not be displayed by or on behalf of the Hirer outside the venue.

Safety and Emergency Protocols

29.The hirer must comply with all OH&S requirements and nominate an emergency coordinator for their group.

30.Emergency exits and thoroughfares must remain clear at all times.

31.No interference with venue utilities, lighting, or sound systems is permitted.

32.Hirers must report any incidents or hazards immediately.

33.A staff member is entitled to access the hired venue at any time and the Hirer, guests and contractors must adhere to all directions given by him or her.

34.Electrical stage equipment: The Hirer must arrange at their expense for the services of a qualified contractor if these services are considered necessary due to special stage equipment or lighting being used.

Booking, Payment & Charges

35.A 50% non-refundable retainer is required to secure the booking.

36.Full payment is required 14 days prior to the event. Longer-term hirers must pay one month in advance.

37.A minimum venue hire spend applies.

38.Any outstanding cleaning, security, or damages will be charged and must be paid within 7 days.

39.In the event that the venue cannot be made available to the Hirer on hired date/s we will refund any security bond and hire charges paid for the booking to the Hirer.

40.We reserve the right to cancel a booking if the Hirer fails to provide the required payments, insurances, permits or documentation by the required dates.

41.We may cancel a booking if the event content is deemed incompatible with our values or is found to have been concealed or misrepresented by the Hirer.

42.The Hirer will have no claim at law for any loss or damage in consequence of the cancellation.

Cancellation Policy

43.Two weeks or more 30% of total hire $950 (whichever is greater)

44.Less than 1 week 50% of total hire or $950 (whichever is greater)

Insurance & Licensing

45.The hirer must provide a Certificate of Currency showing public liability insurance of at least $20 million.

46.If selling alcohol or providing it beyond our standard allowance, the hirer must obtain a Temporary Limited Licence and provide evidence of compliance with liquor laws.

47.All food sales must comply with Yarra Council and State Health regulations, and the hirer must have an approved Food Safety Plan and supervisor.

Indemnity & Release

48.Otao Kitchen is not liable for any injury, loss, or damage sustained by the hirer or their guests.

49.The hirer indemnifies Otao Kitchen from all claims or losses connected to their use of the venue.

50.Breaches & Termination

51.Otao Kitchen reserves the right to cancel a booking or remove guests if these terms are breached.

52.Failure to comply may result in forfeiture of fees and legal recovery of damages. 

Specific Conditions for Kitchen Hire For Cooking or Selling Foods

53.Hirers must register with the City of Yarra’s Environmental Health Department before use.

54.The venue must be used in accordance with your Food Safety Plan, and you must complete provided record sheets.

55.Our standard operating hours are 6:00am – 10:00pm, with evenings and weekends by appointment only.

56.Shared use is permitted when food safety protocols allow. Discounts apply.

57.Delivery and short-term storage services are available by arrangement and at your own risk.

Disputes

58.If there is any dispute or difference between the Hirer and council officers, arising from the interpretation of these conditions of hire or in relation to the holding of the event, the dispute or difference will be referred to an Director, whose decision will be final and conclusive.