This agreement is made on this day between you (“the Hirer”) and SGS Dance & Movement Studios Pty Ltd as the trustee for R T Kennedy Family Trust trading as Stomping Ground Studios of 9 Stepney Street Stepney SA 5069
ABN: 29 962 272 676
(“Stomping Ground Studios” or “the Venue” or “the Studio/s” or “the Director”)
(collectively: “the Parties”)

CONDITIONS OF HIRE

1. STUDIO AND FACILITIES HIRE
a. The Venue may be hired on a regular basis (“regular bookings”) or on a casual basis (“casual bookings”). This agreement pertains to “casual bookings” only.

b. Casual bookings are available for periods to be agreed.

2. WHAT THE HIRER IS HIRING
a. Under this Agreement, the Hirer is granted hire of the studios and facilities as set out in Schedule 1 of this Agreement (including changing rooms, toilets and showers) for the period booked by the Hirer.

b. Kitchen and Lunchroom are not available due to Covid-19.

c. By operation of this agreement, the Hirer only is granted hire of the studios and facilities as set out in Schedule 1 of this Agreement. The Hirer is not permitted to sub-hire or otherwise rent or hire out any of the studio space or facilities the subject of this Agreement.

d. For the avoidance of doubt, Stomping Ground Studios agrees to make available the studios and facilities as set out in Schedule 1 of this Agreement for the period booked by the Hirer.

e. For the further avoidance of doubt, this agreement does not constitute a lease agreement. The hirer is not, by operation of this agreement, granted exclusive possession of the Venue or any part of it.

3. WHAT THE HIRER IS NOT HIRING
a. The Hirer does not have access to any of the studios not booked.

b. The lunch room and storage facilities are not for use by the Hirer’s customers/clients/students at any time.

c. The reception and office areas and the Treatment Room are not included in this Agreement.

4. PAYMENT TERMS
a. Payment for hire of studios must be made at the time of booking by cash (at reception), direct bank transfer (send bank receipt via email to info@stompinggroundstudios.com.au) or by credit card.

5. CANCELLATION
a. For Studio Hire booking with 1 - 3 HOURS DURATION Stomping Ground Studios reserves the right to full payment for the booking should it be cancelled by the Hirer within 24 hours of the hire start date and time.
Studio hires cancelled with more than 24 hours but less than 48 hours are able to be credited for another booking or changed to an alternative available date.
Studio hires cancelled with more than 48 hours notice can be changed to a later available date at no cost, be credited for use at a later date or be refunded

b.For Studio Hire bookings with 4 -8 HOURS DURATION Stomping Ground Studios require 72 hours notice or full amount will be charged.
Cancellations of more than 72 hours but less than 96 hours are able to be credited for another booking or changed to an alternative available date (no refunds).
Cancellations with more than 96 hours notice can be changed to an alternative available date at no cost, be credited for use at a later date, or be refunded.

c.For Studio Hire bookings with 9 HOURS DURATION or more Stomping Ground Studios require 30 days notice or full amount will be charged.

6. PRIORITY ACCESS
a. Stomping Ground Studios reserves the right to negotiate priority access to any of the studios for special programs or events.

b. In that event, Stomping Ground Studios will provide the Hirer with not less than 7 days notice of such an event and such notice constitutes cancellation of the Hirer’s booking at the time/s stated in the notice.

c. In the event of such a cancellation, Stomping Ground Studios and the Hirer may negotiate a corresponding hire period at a mutually agreed time or in the alternative, Stomping Ground Studios may credit the Hirer with a refund.

d. The Hirer agrees that Stomping Ground Studios will not be liable for any financial loss occasioned by the use of this Clause.

7. ADDITIONAL TIME
a. Hire of the studio/s is restricted to the dates and times booked above.

b. If the Hirer requires set up and/or set down time, it is the Hirer’s responsibility to schedule that time into their booking.

c. The Hirer will ensure that activities will be conducted and concluded within the times set out in the booking.

d. The Hirer agrees to pay to Stomping Ground Studios, on being invoiced, additional hire fees if the Hirer uses the studio/s and facilities beyond those times booked.

8. DAMAGE
a. The Hirer will follow the directions given by Stomping Ground Studios for the protection of floors and surfaces as considered necessary by Stomping Ground Studios.

b. All equipment, furniture, fitting and any other property of Stomping Ground Studios remains the property of Stomping Ground Studios. The Hirer will make good any costs associated with loss, repair or replacement of those items as a result of their activities at Stomping Ground Studios.

c. The Hirer agrees to indemnify Stomping Ground Studios from and against all damages, costs, charges and expenses incurred by Stomping Ground Studios and which arise from the Hirer’s use and occupation of Stomping Ground Studios.

d. The Hirer agrees to keep the premises in a clean and tidy condition. The Hirer agrees to be liable for all cleaning costs incurred as a result of breaching this sub-clause.

9. PROHIBITED USES
a. The Hirer may not erect, affix or paint any signs on or to the interior or the exterior of the premises.

b. The Hirer may not make any alterations or additions to the structure, fittings, decorations, furnishings, facilities or equipment at Stomping Ground Studios.

c. The Hirer shall not obstruct any stair, exit or path of travel within the premises including all open spaces within the premises.

d. No piano or other item requiring specialist equipment or crew to lift it shall be brought onto the premises except with the approval of Stomping Ground Studios.

e. No food or drink (other than drinking water) is permitted in any of the studios.

f. Alcohol is not permitted anywhere on the premises.

g. All shoes must be clean and free of dirt.

h. Stilletto heels, Flamenco shoes and Tap shoes must not be worn in the Red Studio.

10. SOUND LEVELS
a. Stomping Ground Studios reserves the right to exercise control of sound levels within and around the premises. The Hirer shall comply with the reasonable directions and determinations of Stomping Ground Studios in relation to sound level limits within the premises.

b. Mobile phone use is to be considerate of others in the centre.

11. Fire Safety and Smoking
Smoking is prohibited in Stomping Ground Studios and within 10 metres of any doorway, window or air intake.

12. INSURANCE
a. The Hirer must provide Stomping Ground Studios with a Certificate of Insurance for public liability insurance prior to the hire period.

b. No Hirer will permit to be done anything on the premises whereby the policy or policies of insurance for the premises and / or its contents may become void or voidable or whereby the rate of premium may be increased. The Hirer agrees to indemnify Stomping Ground Studios for all sums for which it may become liable by way of increased premiums and all expenses incurred in connection with or incidental to any such policy or policies by reason of any breach of this Clause.

13. RIGHT TO EXCLUDE AND EJECT PERSONS
a. Stomping Ground Studios reserves the right to refuse admission onto the premises or request the removal from the premises any person who, in the opinion of any representative of Stomping Ground Studios, is behaving in a disorderly manner.

b. Stomping Ground Studios may request the Hirer to cease activity if disorderly or unacceptable conduct occurs.

14. NON-EXCLUSIVITY
a. The Director of Stomping Ground Studios and any of her nominees retains the right to enter the studios at any time for any reason.

b. Stomping Ground Studios reserves the right to use the premises at any time or times that the Hirer is not using those parts of the premises and by mutual agreement in such a manner that Stomping Ground Studios’ use shall not interfere with the Hirer’s agreed use.

c. Stomping Ground Studios reserves the right to use any other part of the premises for any purpose at the same time as the Hirer is occupying or using the premises, including hiring other parts of the premises to other hirers.

15. REASONABLE REQUESTS AND DIRECTIONS
a. Notwithstanding anything else in this Agreement, Stomping Ground Studios may make any decision or give any direction it considers necessary to ensure the safety, security and reputation of the Venue and any person inside or around the Venue including written directions from time to time in the form of signs and notices.

b. The Hirer agrees to comply with any direction given under this Clause.

16. SUPERVISION
a. The Hirer is responsible for ensuring that at all times their agents, contractors, employees, licencees and invitees are properly supervised and under the control of the Hirer or their representative. Any such person shall observe and comply with all instructions and directions given by Stomping Ground Studios and with the provisions of this Agreement.

b. The Hirer is responsible for providing adequate care and supervision for all persons under the age of 18 brought onto the premises as a result of the Hirer’s activities. Where the Director of Stomping Ground Studios considers that insufficient supervision has been provided, Stomping Ground Studios will arrange for supervision to the satisfaction of the Director and at full cost to the Hirer.

c. Stomping Ground Studios reserves the right to specify a minimum number of suitable adults to be engaged or present during any activity and may stop activities until the required number of adults is present (“suitable adults” means adults with appropriate police clearances for supervising children).

17. WORK HEALTH AND SAFETY (WHS)
The Hirer acknowledges that it has read Venue’s WHS policy (included as Schedule 2) and agrees to comply with it and be bound by it.

18. INDEMNITIES
a. The Hirer agrees that Stomping Ground Studios is not responsible for loss, damage or theft of any property or money belonging to the Hirer and / or their associated third parties (including, but not limited to, their clients, customers and students). The Hirer indemnifies Stomping Ground Studios for any loss, damage, claims or demands for payment arising from for loss, damage or theft of any property or money belonging to the Hirer and / or their associated third parties.

b. The Hirer confirms that all necessary approvals and obligations have been obtained that relate in any way to intellectual property. The Hirer indemnifies Stomping Ground Studios in relation to any losses, claims, damages or demands for payment arising from any breach of copyright, infringement of moral rights or other unlawful use of the intellectual property in the course of the Hirer’s use of the premises.

c. The Hirer agrees that Stomping Ground Studios is not responsible for any loss or damage arising from the exercise of any powers under this Agreement, including but not limited to the power to terminate under Clause 20 and giving directions under Clause 17.

19. TERMINATION
If at any time:
a. The Hirer breaches this Agreement and the breach is not rectified; or

b. There is, in the opinion of Stomping Ground Studios, a risk that damage of any kind may be cause to the studio/s if this Agreement continues; or

c. The Hirer becomes bankrupt, insolvent or placed under administration or is, in the opinion of Stomping Ground Studios, unable to continue to pay hire fees as and when they fall due; or

d. Any information provided by the Hirer to Stomping Ground Studios proves to be untrue;
Stomping Ground Studios may immediately terminate this Agreement.

20. RELATIONSHIP BETWEEN PARTIES
a. The Parties acknowledge and agree that nothing in this Agreement constitutes a relationship of employer and employee, principal and agent or partnership between the Parties.

b. Neither Party has any authority to bind the other Party in any manner except with the prior written notice of the other Party.

21. KEY POSSESSION
a. In the instance that an online booking made through the Stomping Ground Studios Wellness Living site or app, is scheduled during a time that requires the Hirer to have possession of key for entry to the Venue, the Hirer will be contacted by an employee of Stomping Ground Studios and advised to pick up a key from the Venue at a mutually agreed time.

b. The Hirer then agrees to the following Terms & Conditions pertaining to Stomping Ground Studios Key Possession:
It is the Hirers responsibility to keep the key unlabelled and in a safe location, solely in their possession and the code to the alarm confidential and separate from the key at all times.
The key is only to be used to enter Stomping Ground Studios during the Hirers scheduled hire times. For security reasons, if the Hirer requires entry to the Studios at any other time they must contact Rachel on 0422 621 941 in advance.

Having access to the centre during times when reception is not attended by an employee of Stomping Ground Studios, means that it is the Hirers responsibility to ensure the front door remains locked, whilst the Hirer is in the Venue.
The Hirer agrees not to allow any unauthorised persons access to the centre whilst reception is not attended by an employee of Stomping Ground Studios.
The Hirer agrees to adhere to the Opening & Closing Procedures for the Venue sent to them by Stomping Ground Studios.
In the case of a lost key there may be a replacement fee of the cost of re-keying all the locks to the centre in the event that security of the Venue is threatened. In other cases, there will be a replacement fee of $50.

23. MUTUAL RESPECT
a. Neither the Hirer nor Stomping Ground Studios will disparage or denigrate the other. The Hirer agrees that this Clause is material to this agreement and that Stomping Ground Studios would not enter into the agreement without it.

b. A breach of this Clause by the Hirer constitutes grounds for Stomping Ground Studios to terminate the agreement without notice.

24. AMENDMENT
This Agreement can only be amended by written agreement of both parties.

25. CONFIDENTIALITY
The Hirer and the Venue shall not during or after the term of this Agreement disclose the terms of this Agreement to any other person/s, except to their accountants or legal advisors, whether directly or indirectly except as and when required by law to do so.

26. ENTIRE AGREEMENT
This Agreement is the whole agreement between the parties about the subject matter of this Agreement. Subject to mandatory applications of law, no provisions are implied. This Agreement supersedes any prior agreements of obligations between the parties about the same subject matter.

SCHEDULE 1
Studios & Facilities being hired

Property and Facilities included in Venue Hire Fees
• Portable iPod stereo
• Orange stackable chairs
• Use of change rooms & toilets
• Regular cleaning of studios
• Use of heating/cooling in studios
• Wireless access

Property and Facilities not included in Venue Hire Fees
• Reception / office area
• Telephone calls, office administration supplies
• Photocopying and faxing available for a fee
• Any required venue cleaning in addition to the regular schedule of cleaning

SCHEDULE 2
Stomping Ground Studios Work, Health & Safety Policy

Emergency Evacuation Procedures
The Hirer will attend a safety induction with the Director at the start of the hire period.

Stomping Ground Studios WHS Policy
Stomping Ground Studios is committed to providing a safe and healthy workplace for all of our workers. Stomping Ground Studios further recognises its responsibilities to provide a safe and healthy work environment for contractors, clients, visitors and the public.

This policy covers all activities and persons working within any premises of Stomping Ground Studios.

The objective of this policy is to ensure all workers are able to work in an environment which doesn't cause harm to them and where they contribute to continuously improving work health and safety within the Stomping Ground Studios business.

Policy
Stomping Ground Studios provides, maintains and promotes a safe work environment and safety management system that is characterised by:
a systematic approach to identifying, assessing and controlling health and safety hazards and risks through the development and implementation of suitable procedures;
ensuring as far as practicable all operations conducted by workers and contractors are in accordance with relevant legislation and regulatory requirements and relevant industry standards;
effective management demonstrated by commitment and direct involvement at all levels of the company;
effective two-way communication as an integral part of every job;
the provision of appropriate facilities, equipment, education, training and supervision for workers and contractors to ensure healthy and safe working conditions and methods.

Responsibilities
Creating a safe work environment and care for the environment is the responsibility of all Stomping Ground Studios workers ad associates.

To achieve the stated policy objective, the commitment and contribution of each and every worker is required through:
taking responsibility for the health and safety of themselves and their fellow workmates;
not compromising personal health and safety in the mistaken belief that other requirements are more important;
considering health and safety as an integral part of their work.

Stomping Ground Studios Management is required to facilitate continuous improvement through periodic review of objectives and performance measures, systems, practices and procedures to ensure their continued effectiveness and relevance.