Terms & Conditions
1. BACKGROUND
The following conditions apply to bookings placed by the Hirer ('you') with Ballarat Agricultural and Pastoral Society ('we', 'us') for shared casual and private casual bookings of the Ballarat Equestrian Centre at Rose Hill Road, Mount Rowan VIC 3352 ('Venue').
Each booking is a separate agreement between you and us and cannot be reassigned or transferred.
2. HIRE FEES
Hire Type Fee (Inc. GST)
Shared Casual Hire* $20 per horse, per hour
Private Casual Hire** $50 per horse, per hour
* Shared Casual Hire: The Equestrian Centre is open to Shared Casual
Hire. There may be other persons/horses on the arena at the same time as your booking. There is a maximum booking for shared hire of 4 horses. The arena is a shared space.
** Private Casual Hire: The Equestrian Centre is available for Private Hire.
The space is exclusive to your booking. Bookings of this type are only available on select days and times (refer to Booking Calendar for availability).
We may refuse to accept a booking on reasonable grounds. If we include in any booking any special conditions they will, unless stated otherwise take precedence over these terms.
3. CANCELLATION OF BOOKINGS
We may cancel a booking at any time by notice to you where the Venue is required for a large scale event or is otherwise unavailable, or the booking cannot proceed due to circumstances outside our control. Where we cancel a booking and you are not in breach of this Agreement we will give you a refund of any Fee paid for that booking.
4. FEE
Unless otherwise agreed, your payment of the Fee as per Clause 2 is due upon placement of the booking.
5. WARRANTIES
You warrant, at the time of entering into this Agreement and at all times during the continuance of this Agreement that:
(a) You have properly informed yourself as to the suitability of the Venue and have not relied upon any advice by us, our employees or agents;
(b) You will not cause any damage to the Venue or to our reputation or standing;
(c) You acknowledge we give no warranty that the Venue will be suitable for your purposes and we will not be in any way liable to you for any loss or damage suffered by you, including (but not limited to) as a consequence of the Venue proving not to be adequate for your purposes.
6. OBLIGATIONS
You must observe and comply with:
(a) Any rules and regulations made or adopted by us for the use and operation of the Venue, including (but not limited to) the Venue Rules set out in Schedule 1; and
(b) The provisions of any statutes, regulations, by-laws or other requirements of any government, municipal or statutory authority applying to the Venue.
(c) You are responsible for any equipment or property you bring into the Venue including any equipment or property supplied by a third party and we will have no liability for any loss of or damage to any such property or equipment.
(d) You are responsible for any animal(s) brought to the Venue and we will have no liability for:
a. Any loss of or injury to any such animal(s); or
b. Any loss, damage or injury caused by any such animal(s), including, but not limited to loss, damage or injury to the
Venue, property, equipment or to any individual or other animal(s).
7. DAMAGE TO THE VENUE
(a) You must report to us any damage to the Venue sustained during use by you immediately upon becoming aware of the damage.
(b) You must pay to us the cost of repairing and making good any damage of the type referred to in Clause 7(a) and must if required by us yourself repair and make good any such damage.
(c) You must pay to us the amount of any revenue which we reasonably calculate to have been lost by reason of any damage of the type referred to in Clause 7(a) or the repairing and making good of any such damage.
8. OUR RIGHTS IN RESPECT OF THE VENUE
We reserve for ourselves the right:
(a) To have access to all areas of the Venue at all times for the purpose of carrying out our normal duties;
(b) To refuse admission to or to remove from the Venue at any time any person or animal;
(c) To take all actions and make all directions relating to the use of the Venue as we deem necessary; and
(d) To suspend or cancel any booking if in our opinion it is necessary to vacate the Venue in order to avoid exposing any person to danger or if directed by the police, fire brigade or any other relevant authority.
9. DISCHARGE OF CLAIMS
You forever abandon and discharge any present or future claim, right or remedy against us and release us from any present or future claim, right or remedy arising directly or indirectly in respect of or from:
(a) Any statement, term, warranty, condition, promise or undertaking made, given or agreed to in the course of communication or in any negotiation, arrangement or understanding with respect to the subject matter or any term of this Agreement, whether:
i. oral, written or implied; or
ii. made, given or agreed to before or during the making of this Agreement; and
(b) Any conduct in relation to any prior negotiation, arrangement, understanding or agreement with respect to the subject matter or any term of this Agreement, whether the conduct occurred before or during the making of this Agreement.
10. INSURANCE
You must:
(a) Take out and keep current during your booking date(s), personal accident and public liability insurance to cover your own legal liability in the amount of not less than $20 million in respect of any one claim from or related to your activities (as per Equestrian Australia's Insurance Program: https://gowgatessport.com.au/equestrian/whatis-covered/members/);
(b) Provide us with a copy of the insurance policy and Certificate of Currency if requested by us; and
(c) Not do, or permit anyone associated with you to do, anything which would render in any way unenforceable against the insurer any insurance effected by us or you.
11. INDEMNITY
(a) You agree to indemnify, to keep indemnified, and save harmless us, our employees and agents, from and against any claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever ('Claims') which may be incurred directly or indirectly by reason of or in relation to the use of the Venue by you or any person associated with you, including without limitation, Claims arising out of or in connection with any breach by you of this Agreement.
(b) We will not be liable to you or any person associated with you for any loss of life, personal injury or damage to or loss of animal(s) or property which may be suffered or sustained at the Venue for any cause whatsoever, save where any such death, injury or damage results from a negligent act or omission of us, our agents or employees.
(c) You agree to occupy and use the Venue at your own risk and release us from all claims and demands of any kind and from any liability which may arise in respect of any accident, damage or injury occurring to any person, animal or property in or about the Venue during your booking, unless caused by a negligent act or omission by us (except where acting on your instructions).
12. DEFAULT
If at any time you commit a breach of any of these terms then despite any prior waiver, or indulgence granted by us to you, we may at our sole discretion terminate your booking by giving you notice in writing, whereupon your booking must be at an end but without prejudice to any right or remedy of us for any breach by you of this Agreement. In these circumstances, we may also retain any payments made by you to us in accordance with Clause 4.
13. NON-EXCLUSIVE USE
You acknowledge and agree that unless your booking is for Private Casual Hire in accordance with Clause 2, your use of the Venue will be nonexclusive and the Venue may be used by others and/or for other purposes during your booking.
14. FORCE MAJEURE
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance
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or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
15. DISPUTES
If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
16. GOVERNING LAW
These terms will be governed by the Laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.