If you own or run a venue and are interested in hiring it out for an event, then you must have a venue hire agreement. This contract will clearly outline all the arrangements’ terms and conditions, helping to establish a clear understanding between you and the prospective hire party.
What is a Venue Hire Agreement?
These agreements detail the rights and responsibilities of each party. Businesses and individuals can use them for various events, including:
- parties;
- weddings;
- filming;
- corporate events;
- sporting events; and
- concerts.
Generally, these agreements contain various terms. Let us explore a few of these below.
Description of the Venue
This description would include the available facilities and any areas that may be excluded. For example, a business might have permission to use publicly accessible areas, including the lounge and dining areas, for filming in the venue. However, they may be excluded from accessing the kitchen and bar facilities.
Hire Duration
The agreement should outline the dates and times the hirer can use the venue, including any time allocated for setting up or packing up.
Fees and Payment Terms
The agreement should include the fee for hiring the venue, deposit requirements, and penalties for late payment. Some venues may require a security bond to secure the booking and will refund the bond after the event, provided there is no property damage. Venues can have varying fee schedules depending on the time the venue is hired for. For example, booking a restaurant on a busy Saturday evening might incur a higher fee than booking a restaurant on a weekday.
Cancellation and Rescheduling
The agreement should detail the process and implications for cancellations and rescheduling venue hire bookings. For example, if a party cancels their booking with less than 24 hours’ notice, they could be liable for a fee to compensate for the lost opportunity. However, any such fee must be a genuine pre-estimate of the losses the venue owner might suffer from last-minute cancellations. If it is not an accurate estimate, it may be void and unenforceable.
Equipment
The agreement should include any terms on whether any equipment is included within the hire.
Obligations on the Hirer
The contract can include restrictions or conditions on the hirer. These may include restrictions on the noise level or requiring the hirer to leave the venue in the same condition it was initially in.
Marketing and Promotions
The agreement can set the expectation that the hirer must provide all promotional material to the venue by a particular date for approval. Usually, the hirer would be responsible for any liability issues resulting from its marketing and promotional activities. Sometimes, the hirer and the venue may co-promote an event and set out these terms in the agreement. If the venue hire is for a ticketed event, then terms around ticketing services and payment handling may also be necessary.
Liability and Insurance
There should be a term in the agreement that provides for who will be responsible in case of property damage or personal injury sustained at the venue. The hirer may be required to hold appropriate public liability insurance.
This guide provides key information on how to manage a business dispute as quickly and cost-effectively as possible.
Why Would I Need a Venue Hire Agreement?
Having a venue hire agreement in place can perform several key functions, including:
- mitigating legal and financial risk by clearly setting out expectations of both parties; and
- providing financial security against losses from property damage and cancellation of venue hire bookings.
Suppose a company (the hirer) wants to hire a concert venue to host a corporate anniversary party. Both parties enter into a venue hire agreement outlining the responsibilities and liabilities of both parties. The hirer is responsible for promoting the event, while the venue agrees to provide catering services and event space. However, a week before the event, one of the hirer’s event suppliers have not arrived on time, causing them to delay the event by a few hours.
Since a venue hire agreement exists, a clause about delays and cancellations exists. According to the agreement, the hirer is liable to pay an additional fee for the extended use of the venue. The agreement also provides that the venue, at its discretion, can accommodate the delay. Alternatively, they can request that the event be rescheduled if it conflicts with other bookings.
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A venue hire agreement serves as a crucial instrument for both parties involved in the hiring process of a venue. Potential misunderstandings and disputes can be avoided when both parties are aware of the expectations and responsibilities of both parties, and this can lead to a much smoother operation of an event.
If you need help with your venue hire agreement, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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