CYC Limited – General Conditions for Hire Last updated – April 1, 2016.
Christian Youth Camps (CYC) seeks to put the Christian faith into practice through camping and conferencing ministries in an environment where people can personally experience Christian life and values, in harmony with the beliefs, principles and doctrines of the Christian Community Churches of Victoria.
- Christian Youth Camps manage a wide range of venues in Victoria, (Australia) catering to hundreds of school, church, corporate, conference and other special interest groups throughout the year, as well as its own Holiday Camps and Leadership Development ministries. CYC was established by the Christian Community Churches of Victoria to manage its camping and conference facilities and properties, in furtherance of the objects and purposes of the Christian Community Churches of Victoria & Tasmania, including Adanac CYC, Phillip Island Adventure Resort – CYC The Island – City CYC, and Forest Edge CYC (Facilities), CYC caters to hundreds of school and church groups, corporate, conference and other special interest groups throughout the year, as well as its own Holiday Camps and Leadership Development ministries. .
- CYC subscribes to and follows the beliefs, principles and doctrines, of the Christian Community Churches of Victoria including the Statement of Faith. CYC seeks to ensure that all who visit its venues are aware that they are in a place that is obviously Christian, where God is honoured and where they can experience the truth of God’s love in a peaceful temporary community.
- The General Manager of CYC Ltd maintains the right to refuse or cancel bookings, within the limits of the law, from any group whose activities are deemed to be inappropriate for our venues.
CLIENT REPRESENTATIVE’S RESPONSIBILITY
The Client and the Client’s Representative are jointly and severally deemed to be responsible for overall supervision, behaviour & safety of Guests at all times, so as to ensure that:
- Their use of the Facility and conduct while at the Facility, show respect to and do not cause injury to the religious sensitivities of people of the Christian Community Churches of Victoria.
- Adequate numbers of dependable & capable adult leaders are provided by the Client, to enable adequate supervision and safety of Guests
- All Guests are briefed on the safety & emergency procedures herein, those displayed on-site & those outlined during the safety briefing by Facility staff on arrival.
- That all Guests, including day visitors, understand & comply with the following conditions/regulations
ACTIVITIES (where applicable)
- No Specialised Activities are to be undertaken without the prior approval of facility staff. Some Non Specialised Activities and Specialised Activities have restricted use after dark.
- It is the responsibility of the Client to notify the Facility in writing regarding any Guest unable to participate in either Non Specialised Activities or Specialised Activities due to personal health or safety reasons.
- It is the responsibility of the Client to provide responsible and authoritative leaders to be trained by Facility staff in CYC Standard Operation Procedures (SOP’s) in order for Non Specialised Activities to be accessed and safely used.
- The signed acceptance by such trained persons (refer point 7) regarding the adequacy of their training, & their acceptance of the risk and responsibility involved, is a requirement prior to equipment being made available.
- Facility staff reserve the right to withdraw equipment or access to Non Specialised Activities should the Client not provide responsible and experienced activity leaders, or be found abusing non-specialised equipment or acting in an irresponsible manner.
- While Facility staff, or their sub-contracted activity providers, take responsibility solely for the technical skills & technical safety aspects of a Specialised Activity, including instruction, demonstration and personal protective equipment assistance, it is ultimately the Client’s choice to decide whether or not to proceed with the use of any or all of these facilities and Specialised Activities. The Client and the Client’s Representative acknowledge that there is an inherent risk involved in the Specialised Activities and that CYC will under no circumstance be held responsible or liable for any injury or loss sustained or resulting from participation in Specialised Activities. Further, it is the responsibility of the Client and the Client’s Representative to advise Guests of the inherent risk involved in the Specialised Activities.
- To avoid doubt, the Client agrees to be ultimately responsible for identifying safety issues associated with all activities/excursions, & ensuring all necessary safety precautions are taken.
- No water based or Specialised Activities are to be undertaken or supervised within 8 hours of a Guest’s or supervisor’s alcohol intake.
- The use of private or personal recreational sport or fitness equipment (or the like), and or the bringing onto the Facility of the same by any Client or Guest is NOT permitted without the previous WRITTEN permission of CYC or its authorised agents. Facility management reserves the right to refuse the use of, or to confiscate, any equipment it considers to be breaking this condition, or beyond the spirit of this agreement.
- CYC holds the necessary insurance for public risk and injury for all activities and equipment provided by CYC in accordance with the following recognised industry accreditation standards: Australian Camps Association and/or National Accommodation Recreation and Tourism Accreditation. The Client must arrange insurance coverage for private or personal recreational, (refer point 13) sport or fitness equipment or the like, and must produce proof of such coverage before CYC will consider or agree to these activities being undertaken at the Facility. (This is because CYC insurance does not cover risk or injury associated with the use of such equipment).
- To the full extent permitted by law, CYC and its employees do not accept, and the Client and Client’s Representative therefore release CYC from and indemnify CYC against, any liability for the loss of property or damage or personal injury arising from the use of the facilities or equipment or participation in any Specialised Activities or Non Specialised Activities or Excursions.
SAFETY, EMERGENCY AND FIRST AID PROCEDURES
- It is the responsibility of the Client and the Client’s Representative to assemble Guests at the earliest mutually-convenient time for a safety briefing, site orientation,& explanation of CYC’s ‘Good Neighbour Policy’. If group dynamics do not allow this, it is the responsibility of the Client’s Representative to convey all given information & instructions to all guests no later than at the groups’ first meal or gathering.
- Facility staff is to be informed of any calls for emergency services. (000 is a free call and can be made from any facility phone).
- Fire Fighting, Safety & Emergency Equipment must not be tampered with or removed. Damage to such equipment will be charged to the Client (Refer point 24 and 25).
- No fire may be lit on the property at ANY time without the consent of Facility staff.
- Fire restriction notices and Total Fire Ban Days must be strictly observed.
- First aid, training and equipment are the responsibility of the Client.
CODE RED DAYS
- On Code Red days the Client is responsible for enacting their own Emergency Management Plan (EMP), however if no group EMP has been formulated then the Client agrees to follow all directions and instructions linked to the Facility EMP.
- Alert level requiring emergency transport, to move Guests off site to a recognised ‘safer place’ the Client agrees to pay the cost of this transport as part of their final account.
- The Client understands and accepts that full payment in accordance with the original fees, booking period and conditions of the signed Facility Hire Agreement will still be due and payable, even when it is deemed necessary to evacuate Guests to a ‘safer place’ in accordance with the groups EMP, the Facility’s EMP, or a group volunteers to leave the site due to an emergency fire alert level.
- All damage, breakage, theft or loss to facility property or equipment is to be reported to Facility staff. Breakages & loss costs will be included in the final account at time of invoicing. Any damage, breakage or loss discovered during the cleaning and damage check following the departure of the Client will be added to the final account or, if applicable, a new account will be issued. No account will be considered finalised until full restitution for all damage and loss has been received.
- CYC takes no responsibility for loss or damage to personal property.
- Guests are only permitted to access the buildings which have been allocated to them.
- All vehicle parking is strictly at the risk of the vehicle owner and restricted to sign-posted areas.
- Speed restrictions of 15 kph on approaching driveway to building line, & 10 kph around ALL buildings strictly apply.
- The Facility is not a licensed venue and does not supply, sell or disburse alcoholic beverages.
- Permission for the consumption of alcohol on the Facility premises is considered on a case-by-case basis, and permission is entirely at the discretion of CYC. Approval for the consumption of alcohol must be gained prior to the Client’s arrival.
- All alcohol consumption must be conducted within legal and publically acceptable behavioral guidelines, and within the assigned area/s. All swimming, lake and Non Specialised Activity and Specialised Activity areas are glass & alcohol free zones. Under-age drinking is not permitted at any time.
- Over-consumption of alcohol, or any form of drug-taking, will not be tolerated and will result in immediate removal from the Facility, loss of fees and possible police intervention.
- It is the responsibility of the Client to procure applicable license/s to permit alcohol to be consumed at the Facility premises.
- Music amplification, Public Address systems (PA systems), and other amplification equipment: CYC and the Facility follow strict Music Amplification and Public Address protocols as required by Local Council, EPA standards, the CYC board and the Facility’s own ‘Good Neighbours’ policy. This protocol includes, but is not limited to:
- a) A strict 9.00 am starting & 10.00 pm finishing curfew for all amplification equipment, all days.
- b) A co-signed individual permit from the site manager, to operate any outside PA equipment at any time is required.
- c) CYC retains the right to refuse use of, close down, remove and control sound levels of any amplification equipment. Permit applications are available from Facility administration.
- The entire Facility and grounds are a sanctuary for flora and fauna. As such, the Client and Client’s Representative are responsible to ensure that all plants, animals, shells and soil are left as found and not interfered with by Guests, that Guests do not litter, and that vehicles always stay on the roads.
- Workshops, residences, neighbouring properties and storerooms & electrical switch-rooms are ‘out of bounds’ areas. Access to other areas may be restricted at the discretion of CYC, for Client and Guest safety or security reasons.
- It is the responsibility of the Client and the Client’s Representative to notify CYC and Facility management of any Guest allergies, including food allergies, and any special dietary requirements.
- Food and beverages are not permitted in Guest accommodation rooms.
- All electrical equipment brought onto the Facility must be tested and tagged in accordance with Victorian Occupational Health & Safety regulations.
- The Client is responsible for compliance with all applicable regulations of the Victorian Occupational Health and Safety Act and any other applicable Act of Parliament or law relating to Occupational Health and Safety.
- Unless ‘whole site’ is specified on the hire agreement multiple Clients may be staying at or using the Facility at any one time.
- No Facility bedding, furniture or equipment is to be removed or moved from its designated area without the prior authority of the Facility manager or duty person.
- All areas of the Facility including buildings and grounds hired by/used by the Client are to be maintained in a clean and tidy condition.
- Dining-room obligations (where applicable) include setting, clearing/wiping-down of tables & vacuuming.
- Arrival & Departure – Guests must not enter the Facility or surrounding grounds prior to the allocated arrival time and, (unless previously agreed to) must not overstay their allocated departure time (9.30-10am for sleeping accommodation).
- Communicable Illnesses must be reported immediately to management. The Client will accept all costs incurred in the clean-up & disinfection of the Facility, to the satisfaction of the local government medical officer, due to the introduction of a Communicable Illness by a Guest or group of Guests.
- Before being vacated, all areas used or occupied by the Client are to be cleaned & tidied to a standard acceptable to Facility management, & equipment returned to its specified area. Failure to do so may result in a cleaning fee being added to the final account.
- CYC requires an Occupational Health & Safety “illness and injury site register form” to be completed for all Incidents which occur during the Client’s stay, a copy of which can be provided on request by Facility management.
- A detailed list all residential Guests must be tendered to Facility administration on arrival.
- Courtesy toward other Guests’ personal property & the environment is requested.
- The entire Facility & its grounds are private property
- Non-school Clients, where parents/legal guardian/s are not in attendance, must ensure that all Guests under 18 years of age complete an appropriately signed parent/legal guardian form that:
- (a) gives consent for the minor to attend this Facility
- (b) outlines all major on-site activities to be undertaken as well as full details of all educational programs to be conducted
- (c) provides health/medical information regarding medical conditions & emergency contact numbers. Proof of the use of this form may be required at time of final guest numbers being received. Completed sheets must be readily available to the client & facility staff for the duration of the client’s stay.
- Prohibited In Rooms: Smoking, Cooking. Candles, mosquito coils.
- Prohibited on Site: pets, weapons, fire crackers candles, mosquito coils, and illegal drugs.
- Facility staff are empowered to take any action deemed necessary for the proper conduct of the camp.
- TERMINATION OF OCCUPANCY: CYC reserves the right to terminate a Client or Guests occupancy without notice for any breach of the General Conditions of Hire.
- PAYMENT: Final & full payment as per invoice is due and payable at time of departure. The final invoice will include a charge for each person attending or visiting the camp, based on the price per person set out in the Facility Hire Agreement, provided that if the number of people attending the camp is less than the minimum number of people set out in the Facility Hire Agreement, the Client agrees to pay the minimum invoice amount set out in the Facility Hire Agreement. The final invoice may also include the cost of rectifying any damage, breakage or loss, in accordance with paragraph 25 of these General Conditions for Hire, and any other amounts payable under these General Conditions for Hire.
- CLIENT CANCELLATION: Deposits are not refunded in the event of a client cancellation. The Client must give at least five (5) months’ notice IN WRITING of cancellation. Cancellation within 5 (five) months of the commencement of the agreed dates will incur a cancellation fee equal to 80% of the fee for the minimum number, stated in this agreement (unless due to a government suspension of camps & excursions, where the booking is rescheduled to the earliest agreed time-slot). If CYC Ltd is able to fill the cancellation it will reduce the cancellation fee, by an amount equal to the amount received from any subsequent booking/s for identical booking dates. In signing the client hereby fully agrees that the 80% cancellation fee does not constitute a penalty clause and represents fair and reasonable financial settlement, having regard to the monetary loss & costs CYC will suffer when the required five (5) months’ notice of cancellation in writing is not given.
- INDEMNITY: Notwithstanding any other clause herein, the Client hereby indemnifies CYC against any and all claims, losses liabilities of whatsoever nature which CYC may suffer, incur or sustain as a result of the Client breaching any of its obligations or responsibilities under, or failing to act in accordance with, these ‘General Conditions for Hire’
LIMITATION OF LIABILITY AND WAIVER OF IMPLIED TERMS
Nothing herein excludes, restricts or modifies any condition, warranty, right or remedy, implied or imposed by any statute or regulation that cannot be lawfully be excluded, restricted or modified. However, all express or implied representations, conditions, warranties and provisions, whether based in statute, common law or otherwise, relating to the provision of services as contemplated by these General Conditions for Hire that are not contained in these General Conditions for Hire, are excluded to the full extent permitted by law.
If any condition or warranty is implied into these General Conditions for Hire under the Fair Trading Act 1999 (Vic) or any equivalent or corresponding Federal legislation and cannot be excluded, and CYC is able to limit liability for a breach of such a condition or warranty, the liability of CYC for breach of that condition or warranty is limited, at CYC’s absolute discretion, to the following: – to supply the services supplied by CYC under these General Conditions for Hire (Services) again or to pay the cost of having the Services supplied again. This clause is subject to clause 64.
- Section 32N of the Fair Trading Act 1999 (Vic) in certain circumstances permits a term of a contract for the supply of recreational services to exclude, restrict or modify the liability of the supplier pursuant to section 32J or 32J(a) of that Act for death or personal injury relating to that supply. CYC hereby excludes and limits its liability for death or personal injury relating to the supply of recreational services to the full extent permitted by section 32N.
- To the full extent permitted by law, CYC excludes liability and will not responsible for loss or damage arising from a Guests failure to obey CYC safety directions or instructions, any pre-existing medical or psychological condition, and any negligent act or omission by CYC or any person for whom CYC is responsible.
- To the extent permitted by law, the Client and the Client’s Representative release and discharge CYC from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising from participation in services contemplated under these General Conditions for Hire.
- AUTHORITY: I am the person authorized by the Client as the Client’s Representative, and have the right to sign below on behalf of the Client. I agree to the ‘General Conditions for Hire’ and understand that CYC reserves the right to change the conditions, as necessary, for legal compliance, general Guest safety or comfort, I agree to ensuring that all members of the Client understand and comply with these conditions. See over for explanation of terms used.
PLEASE NOTE This form requires signing by two persons (1) A ‘Client Representative’ authorised to sign on the clients behalf. (2) A second employee of the client’s organisation with the authority to confirm the first signatory’s power to commit.