HIRE AGREEMENT

Item 1.  Hire Fee:

Per the hours set out in the Booking, being either:

Half day: $63.50 (GST inclusive)

Full day: $95.50 (GST inclusive)

 Item 2.  Rental Period:

The duration specified in the Licensor’s online booking platform (“Booking”).

Item 3. Room:

COLLAB Albury, within Suites 11 and 12 of the Building.

Item 4. Building

The building and any other structural improvements located on the land known as Suites 11 and 12, 611 Dean Street, Albury NSW 2640, being Folio Identifier 1/DP784784

Item 5. Shared Facilities

Those facilities and services in the Room and/or Building provided by the Licensor to you, which may include, but is not limited to, power outlets, a standard internet connection, office equipment, print, kicten and toilet facilities.

1. Agreement

1.1 This Agreement is between COLLAB Albury (“the Licensor”) and the persons or entities described in Items 1 and 2 above (“you or your”), together the “Parties” or each a “Party”.

1.2 You accept this Agreement by the earlier of:

(a)     signing and returning this Agreement to the Licensor;

(b)    confirming by email that you accept this Agreement;

(c)     accepting the terms and conditions as set out in the Booking;

(d)    proceeding with the Room Hire after being provided a copy of this Agreement; or

(e)     making the Booking.

1.3 In consideration for the payment of the Hire Fee, the Licensor grants you a licence to occupy the Room for the Rental Period subject to the terms of this Agreement.

2.  Nature of Engagement

2.1 During the Rental Period, you agree to hire the Room for the Hire Fee (called the “Room Hire”):

(a)     in accordance with this Agreement and all relevant laws;

(b)    with due care, skill and diligence;

(c)     in a proper and professional manner, and in accordance with best industry practice; and

(d)    in accordance with the Licensor’s reasonable instructions or requirements.

2.2 You acknowledge and agree that:

(a)     the rights conferred on you by this Agreement rest in contract only and no right of exclusive possession is granted; and

(b)    this Agreement is not intended to constitute nor does it constitute or evidence a partnership or joint venture between you and the Licensor.

2.3 The Licensor reserves the right to enter or inspect the Room for the purpose of ensuring compliance with the terms of this Agreement. 

2.4 The Licensor may alter the Room for the purpose of placing, moving, repairing or replacing any furniture, fixtures and other items (that are not your property) in the Room at any time and without prior notice to you.

2.5 Nothing in this Agreement is intended to or shall confer you any right as tenant of or other interest in land or the Room, or create the relationship of landlord and tenant between the parties, and any such implication or inference is hereby expressly negatived.

3. Term

3.1 You are permitted to occupy the Room during the Rental Period only (unless terminated earlier in accordance with this Agreement) and must not continue in occupation of the Room after the expiry of the Rental Period without the express consent of the Licensor which may be subject to an additional Hire Fee. 

4. Rescheduling

4.1 The Licensor agrees to notify you if the Licensor needs to reschedule the Rental Period, in which case you agree to use your reasonable endeavours to reschedule the Rental Period to the Licensor’s preferred time.

4.2 If you are unable to reschedule the Rental Period, the Licensor may cancel the Room Hire under this Agreement without penalty.

5. Cancellation

5.1 If you need to cancel the Room Hire under this Agreement:

(a)     Cancellation more than 72 hours prior to the beginning of the Rental Period will not incur the Hire Fee; but

(b)    Cancellation less than 72 hours prior to the beginning of the Rental Period will incur the full Hire Fee.

6. Hire Fee

6.1 You must pay the Hire Fee to the Licensor upon entering into this Agreement for Room Hire.

7. Your obligations

7.1 You must:

(a)     not use the room for any purpose other than for which the way it was intended to be used, being an office;

(b)    keep the Room in a good, clean and tidy condition, having regard to its condition at the start of the Rental Period and making good any damage caused;

(c)     permit the Licensor to enter the Room at any time for any purpose. Where possible, the Licensor will use reasonable endeavours to minimise disturbance to your business while exercising its rights under this clause.

(d)    not commit any act or omission, directly or indirectly, which may bring the Licensor (or the Licensor’s employees, agents or clients) into breach of any Law, or into disrepute, or make the Licensor (or the Licensor’s employees, agents or clients) the subject of any liability;

(e)     comply with any Building rules which may be subject to change from time to time;

(f)      as soon as reasonably practicable after becoming aware of it, notify the Licensor of any safety and security hazards or incidents including any accident or injury sustained by any person while on any part of the Building and co-operate in any incident investigation, if required by the Licensor;

(g)     comply with the provisions of this Agreement and all applicable Laws (including all applicable Employment Legislation and Work Health and Safety Legislation);

(h)    comply with any of the Licensor’s reasonable policies and procedures as notified by us to you;

(i)      promptly provide us with all information in connection with the hire of the Room and this Agreement that the Licensor may reasonably request.

8. Warranties and representations

8.1 Each Party represents, warrants and agrees that:

(a)     it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and to carry on its business;

(b)    that this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms;

(c)     if applicable, it holds a valid ABN which has been advised to the other Party; and

(d)    if applicable, it is registered for GST purposes.

8.2 You represent, warrant and agree that you have not relied upon representations or warranties made by the Licensor, unless expressly stipulated in this Agreement.

9. Release and Indemnity

9.1 You release the Licensor, and the Licensor will not in any way be liable or responsible to you for any interference with the rights granted in this Agreement caused directly or indirectly by or resulting from any matter circumstance or cause beyond the control of the Licensor. Further, the Licensor will not be liable or responsible in any way to you for or in respect of any injury, damage or loss suffered by or claimed against you arising out of or incidental to the exercise or attempted exercise by the Licensor of any of the rights granted by this Agreement.

9.2 You agree to indemnify and keep indemnified the Licensor from and against:

(a)     the Licensor’s legal costs incurred as a result of recovering any money payable by you under this Agreement, or bringing any claim against you or defending any claim brought against the Licensor as a result of your breach of this Agreement, on a solicitor and own client basis;

(b)    all claims in relation to this Agreement, any loss caused by you, or your employees, agents, invitees or clients’ breach of the Agreement;

(c)     any loss caused by your, or your employees, agents, invitees or clients’ occupation of the Room;

(d)    any property loss or damage, or personal injury or loss, arising from or in connection with hiring of the Room;

(e)     you or your employees, agents, invitees or clients’ infringing the rights of the Licensor or any third party (including intellectual property rights).

10. Ending the Agreement

10.1 The Licensor may end the Room Hire by notice to you if:

(a)     you fail to pay any part of the Hire Fee by the due date;

(b)    the Licensor becomes aware that you are using the Room for a purpose other than the purpose permitted by this Agreement; or

(c)     you breach any other provision of this Agreement.

10.2           If the Licensor ends the Agreement under this clause, the Licensor may recover damages from you for the loss the Licensor suffers because of your and early termination.

11.  Assignment

11.1 You must not do anything to encumber, assign, part with possession of otherwise dispose of your interest under this Agreement.

12.  Individual and joint liability

If two or more people or entities are named in Items 1 or 2, each person or company named in the Item is liable for their obligations individually and together with each other person in Items 1 or 2. This clause 12 will survive termination or expiry of this Agreement.

13. Intellectual property

13.1 In the hiring of the Room, you (and your employees and agents) must not infringe any intellectual property rights of the Licensor or any third party, nor represent yourself as being affiliated with the Licensor without the Licensor’s express written consent.

14. Proper law

This Agreement is governed by the law of the state or territory in which the Room is located and each party submits to the exclusive jurisdiction of the courts of that state or territory.

15. Severability

15.1 If a court decides that:

(a)     any part of this Agreement is void, voidable, illegal or unenforceable; or

(b)    this Agreement would be void, voidable, illegal or unenforceable unless a part is severed from this Agreement, that part is severed from this Agreement and does not affect the continued operation of the rest of this Agreement.

16. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

17. Interpretation

17.1 In this Agreement, where the context allows:

(a)     when a party is required not to do something, this includes not allowing the thing to be done;

(b)    a word or expression in the singular includes the plural and the plural includes the singular;

(c)     words of one gender include any gender;

(d)    a reference to a person includes an individual and a body corporate;

(e)     a reference to a right includes a remedy, power or discretion; and

(f)      a reference to a clause or a schedule is a reference to a clause in or a schedule to this Agreement.

17.2 A heading in this Agreement may be used to help interpretation, but is not legally binding.

17.3 A provision of this Agreement must not be construed against a party solely because that party was responsible for preparing this Agreement or that provision.

18. Facilities

18.1 The Licensor will, during the Rental Period, provide you with access and reasonable use of the Shared Facilities.

18.2 You acknowledge and agree that:

(a)  You must abide by the Licensor’s reasonable directions in respect of your use and access to the Shared Facilities;

(b)  Your usage of the Shared Facilities will be to a reasonable extent only; and

(c)   You acknowledge that your use of the Shared Facilities is non-exclusive and in common with the Licensor, other tenants, occupiers or users of the Building.

19. Your Insurance

19.1 You acknowledge and agree that you must obtain:

(a)   all insurances reasonably required in relation to your own business, use of the Room and Building and any insurances that the Licensor nominates as being required (acting reasonably); and

(b)   public risk insurance, for an amount not less than $20 million, concerning a single event, covering personal injury and property damage caused by the negligent or unlawful use of the Room and/or Building (and any other risks the Licensor nominates, acting reasonably),

19.2 You acknowledge and agree that you will not be permitted to access the Room without the requisite insurances in place and you must provide the Licensor with a copy of the insurances.

For any questions and notices, please contact us at:

Collab Albury ABN 79 375 653 270

Email: admin@collabalbury.com.au