CHRISTIAN YOUTH CAMPS LTD – ALL SITES & ENTITIES – Conditions of Hire Version 1.2
Agreement means the agreement formed between the Hirer and Christian Youth Camps Ltd (CYC) upon acceptance by CYC of the Booking Request.
Booking Request means the form outlining the details of the requested Booking.
Facility means any facility owned and/or operated by Christian Youth Camps Ltd, being but not limited to; CYC Adanac, CYC City, CYC Forest Edge, CYC The Island, CYC Ministries, & CYC Phillip Island Adventure Resort.
Deposit means an amount equal to #% of the Hire Fee payable for the Booking Period, calculated at the rate outlined in the Booking Request as at the date of submission of the Booking Request.
Hirer means the organisation making the booking and the person representing that organisation.
Hire Fee means the hire fee payable for the Hirer’s use of the Facility, calculated by CYC as at the date of submission of the Booking Request and on the basis of the Booking Period specified in the Booking Request and taking into any change subsequently requested by the Hirer and accepted by CYC.
Hire Period means the period specified in the Booking Request commencing at a time specified by CYC on the First Day of Hire and ending at a time specified by CYC on the Last Day of Hire.
Specialised Activities means all activities identified as such by CYC Activity Safety Guidelines.
Supervised Activities means all activities that require supervision by a trained or responsible person/s.
CYC PURPOSE AND CHRISTIAN ETHOS
- Christian Youth Camps Limited (CYC) was established by the Christian Community Churches in Victoria and Tasmania (CCCVaT) to manage its camping and conference facilities and properties, in furtherance of the objects and purposes of the CCCVaT.
- 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 CCCVaT,
- CYC manages a wide range of facilities in Victoria 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.
- The Christian beliefs of CYC are set out in the Statement of Faith to which every member of CYC needs to subscribe and which appears on our website at www.cyc.org.au. Alternatively, a copy of CYC’s Statement of Faith may be obtained from the CYC head office, 1801 Phillip Island Rd, Cowes, Victoria +61 03 5952 2324. In addition, CYC shares the beliefs, principles and doctrines of the Christian Brethren Trust and the Christian CCCVaT. The website of CCCVaT contains its beliefs, principles and doctrines which can be found here.
- Any person applying for a booking at a CYC Facility agrees on behalf of all persons for whom the booking is sought that they will at all times while attending a CYC Facility:
- (a) show respect for CYC’s beliefs; and
- (b) avoid conduct and not permit activities (including seminars, conferences, workshops and speeches) at the Facility that are inconsistent with those beliefs, doctrines or principles.
- CYC has absolute discretion whether to accept a Booking Request. If a Booking Request is accepted by CYC notifying the Hirer in writing to that effect, these Conditions will become binding on the Hirer at that time.
- The Hirer must pay the Deposit upon submission of the Booking Request. No Booking Request will be accepted until the Deposit is paid.
- Final and full payment as per the invoice issued to the Hirer is due and payable at the end of the booking period.
- 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 Booking Request.
- If the number of people attending the camp is less than the minimum number of people set out in the Booking Request, the Client agrees to pay the minimum invoice amount set out in the Booking Request.
- The final invoice may also include the cost of rectifying any damage, breakage or loss, in accordance with Condition 40 of this Agreement, and any other amounts payable under this Agreement.
- CYC may in its absolute discretion require a security bond to be paid by the Hirer. If a security bond is required, the Hirer will be notified of the amount within 5 days of submitting the Booking Request.
- Subject to Condition 40, the security bond will be refunded to the Hirer within 14 days after conclusion of the Hire Period.
- The security bond or any part of it may be applied by CYC as follows:
- (a) to remedy any damage caused to the Facility during the Hire Period by the Hirer or persons under the direction or control of the Hirer;
- (b) toward any outstanding payment due to CYC under this Agreement; or
- (c) where otherwise permitted under this Agreement,
- (d) in which case any remaining amount will be refunded to the Hirer in accordance with Condition 9.
- The Hirer and Hirer’s representative are jointly and severally responsible for overall supervision, behaviour and safety of attendees at the Facilities as part of their booking (Guests). The Hirer has a duty to ensure that:
- (a) Their use of the Facility and conduct while at the Facility, show respect to and do not offend the religious sensitivities of people of the CCCVaT, as enshrined in doctrines of the Christian Brethren Trust.
- (b) Adequate numbers of responsible and capable leaders over the age of 18 are provided by the Hirer, to enable supervision and safety of Guests.
- (c) All Guests are briefed on CYC’s safety and emergency procedures in this Agreement, displayed on-site and those outlined during the safety briefing by Facility staff on arrival.
- (d) That all Guests, including day visitors, understand & comply with the following Conditions.
ACTIVITIES (WHERE APPLICABLE)
- No activities are to be undertaken without the prior approval of Facility staff. Most activities have restricted use after dark.
- It is the responsibility of the Hirer to notify the Facility in writing regarding any Guest unable to participate in Supervised or Specialised Activities due to personal health or safety reasons.
- It is the responsibility of the Hirer to provide responsible persons to be trained by Facility staff in CYC Standard Operating Procedures (SOPs), so Specialised Activities and Supervised Activities can be accessed and safely used. These persons must sign an acceptance form after completing training in SOPs stating their training has been adequate, and accepting risk before any equipment is made available.
- The Hirer agrees to be ultimately responsible for identifying safety issues associated with all activities and excursions, and ensuring all necessary safety precautions are taken in accordance with CYC SOPs.
- Facility staff reserve the right to withdraw equipment or access to all activities in the event the Hirer does not provide responsible and experienced activity leaders, or if Guests are found to be abusing activity equipment or acting in an irresponsible manner.
- While Facility staff, or their sub-contracted activity providers, are responsible for the technical skills and technical safety aspects of a Specialised Activity, including instruction, demonstration and personal protective equipment assistance, it is ultimately the Hirer’s choice to decide whether or not to proceed with the use of any or all of these facilities and Specialised Activities.
- The Hirer acknowledges that there is an inherent risk involved in the Specialised Activities. It is the responsibility of the client and the clients representative to advise Guests of the inherent risk involved in the Specialised Activities.
- No Activities are to be undertaken by or supervised by a Guest or Supervisor within 8 hours of them consuming alcohol.
- 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 Hirer 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 Hirer must arrange insurance coverage for private or personal recreational, 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).
SAFETY, EMERGENCY AND FIRST AID PROCEDURES
- The Hirer must at all times comply with directions given by Facility representatives as to the use of the Facility and any Facility policies and procedures notified to the Hirer.
- Without limiting the foregoing and notwithstanding any other provision of this Agreement, where CYC believes on reasonable grounds that there is a threat to health and safety associated with the Hirer’s use of the Facility, CYC may, at any time, require the Hirer to take any action which it considers reasonably necessary in order to reduce or eliminate that threat, including bringing its use of the Facility to an immediate end.
- The Hirer must inform Facility staff of any calls for emergency services. (000 is a free call and can be made from any facility phone). The Hirer must comply with any instructions given by emergency services personnel with respect to the use of the Facility.
- It is the responsibility of the Hirer to assemble Guests at the earliest mutually-convenient time for a safety briefing, site orientation and explanation of CYC’s ‘Good Neighbour Policy’. If group dynamics do not allow this, it is the responsibility of the Hirer to convey all given information and instructions to all Guests no later than at the group’s first meal or gathering.
- The Hirer must conduct a suitable risk assessment and periodical inspections of all equipment prior to its use at the Facility (and more frequently if the equipment is used on successive occasions in any Hire Period) to ensure that the equipment is in a safe and serviceable condition and fully operational. Electrical and gas equipment must be appropriately tested and tagged with PASS tags prior to use in accordance with applicable laws.
- Facility firefighting, safety and emergency equipment must not be tampered with or removed. Damage to such equipment will be charged to the Hirer (refer to Condition 40)
- 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 Hirer.
CODE RED DAYS
- On Code Red Days the Hirer is responsible for enacting their own Emergency Management Plan (EMP), however if no group EMP has been formulated then the Hirer agrees to follow all directions and instructions linked to the Facility EMP.
- If guests are required to be moved off-site via emergency transport due to alert level, the Hirer agrees to pay the cost of this transport as part of their final account.
- The Hirer understands and accepts that full payment in accordance with the original fees, booking period and Conditions of this Agreement will still be due and payable, even when it is deemed necessary to evacuate Guests to a ‘safer place’ in accordance with the group’s EMP, the Facility’s EMP, or a group of volunteers needs to leave the site due to an emergency fire alert level.
- The Hirer must not damage, and must ensure that no person under the direction or control of the Hirer damages, the Facility. The Hirer must immediately report any damage to CYC and comply with CYC’s directions as to any steps to be taken to remedy the damage or to minimise or prevent further damage.
- Breakage and 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 end of the booking 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.
- All equipment, valuables and personal effects brought onto the Facility by the Hirer or in connection with the use of the Facility by the Hirer remain the full responsibility of the Hirer and CYC accepts no liability for those items.
- Smoking, cooking, candles and mosquito coils are prohibited in Guest accomodation rooms.
- Pets, weapons, fire crackers, candles, and illegal drugs are prohibited at the Facility.
- The entire Facility and its grounds are private property.
- Guests are only permitted to access the buildings/areas which have been allocated to them.
- All vehicle parking is strictly at the risk of the vehicle owner and restricted to sign-posted areas.
- There is a speed limit of 15 kph on the approaching driveway to the building line, and 10 kph around ALL buildings strictly apply.
- Workshops, residences, neighbouring properties and storerooms and electrical switch-rooms are ‘out of bounds’ areas. Access to other areas may be restricted at the discretion of CYC for Guest safety or security reasons.
- The Facility is not a licensed venue and does not supply, sell or disburse alcoholic beverages. It is the responsibility of the Client to procure applicable license/s to permit alcohol to be consumed at the Facility premises.
- 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 beginning of the Booking period.
- All alcohol consumption must be conducted within legal and publicly acceptable behavioural guidelines, and within the areas designated by CYC.
- All activities and activity areas are glass and 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.
- CYC and the Facility follow strict Music Amplification and Public Address policies as required by Local Council, EPA standards, the CYC board and the Facility’s own ‘Good Neighbours’ policy. This policy includes, but is not limited to:
- (a) A strict 9.00 am start and 10.00 pm finish curfew for all amplification equipment, 7 days per week
- (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. The Hirer is responsible for ensuring 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.
- It is the responsibility of the Hirer 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.
- The Hirer must ensure that all persons involved in service of food in connection with the Hirer’s programme at the Facility hold appropriate food handling qualifications and authorisations as required by law and must obtain any relevant permits.
HEALTH AND SAFETY
- The Hirer 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.
- CYC requires an Occupational Health & Safety 03.1 Accident/Incident Report & Investigation Form to be completed and returned for all incidents which occur during the Hirer’s stay, a copy of which can be provided on request by Facility management.
USE OF THE FACILITIES
- Unless specified on the Booking Form, multiple Hirers 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 Hirer are to be maintained in a clean and tidy condition.
- Dining Room obligations (where applicable) include setting, clearing/wiping-down of tables & vacuuming.
- Before being vacated, all areas used or occupied by the Hirer are to be cleaned and tidied to a standard acceptable to Facility management, and equipment returned to its specified area. Failure to do so may result in a cleaning fee being added to the final account.
- The Hirer may use the Facility only within the times specified in the Booking Request or such other times as may be approved by the Facility Manager or CYC in their absolute discretion. Access to the Facility is not permitted outside those times and CYC may at its election charge an hourly rate determined by CYC (which may be deducted from the security bond or invoiced on 7 day terms) for any additional time outside the Hire Period when the Hirer or any person under its direction or control is present at the Facility.
- Guests may be asked to vacate their sleeping accommodation earlier than the stated Facility departure time on the Booking Form.
- The number of people attending the Facility must not exceed the number specified in the Booking Request, except with the prior written approval of CYC.
- A list of all Guest names must be provided in writing to Facility administration on arrival.
- No visitors are allowed to the Facility without the permission of CYC. If visitors attend the Facility, a full record of their names and contact details must be maintained by the Hirer.
- Infectious Illnesses must be reported immediately to management.
- It is the responsibility of the Hirer to ensure Guests do not attend the Facility with an infectious Illness or related symptoms.
- The Hirer is responsible for all costs incurred for the clean-up and disinfection of the Facility to the satisfaction of the local Health Department due to the introduction of an Infectious Illness by a Guest or group of Guests.
- It is the responsibility of the Hirer to ensure that any Guests have not:
- (a) Returned from overseas in the previous 14 days prior to the beginning of the booking;
- (b) Are not required to be in self-isolation/self-quarantine
- (c) To the best of their knowledge have not been in close contact with has a reported or suspect case of COVID-19 in the past 14 days.
- (d) Had a fever, cough, sore throat, shortness of breath or other cold/flu-like symptoms in the 72 hours prior to the start of the booking and are otherwise well.
- If a Guest is at the Facility and finds out whilst they are at the Facility that they have had “Close Contact” (been face to face for 15 minutes, or in an enclosed space with a confirmed case of COVID-19 for 2 hours, or lives in the same household), they will be required to leave the Facility immediately. Any cleaning and sanitisation costs incurred as a result will be the responsibility of the Hirer.
- If a Guest at the Facility is diagnosed with COVID-19 within 14 days of leaving the facility, the Hirer must inform CYC immediately and any cleaning and sanitisation costs incurred as a result will be the responsibility of the Hirer
- Guests must abide by any policies and procedures CYC has in place in relation to COVID-19.
- Where parents/legal guardian/s are not in attendance, a parent/guardian must ensure that a signed Waiver Form (if applicable) and a Parent Consent Form is completed for all Guests under 18 years of age (Minors) 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; and
- (c) provides health and medical information regarding medical conditions and emergency contact numbers.
- Proof of the use the Waiver (if applicable) and/or Parental Consent form may be required at time of final guest numbers being confirmed Completed forms must be readily available to the Hirer and Facility staff for the duration of the Hirer’s stay.
TERMINATION BY HIRER
- The Hirer may terminate this Agreement at any time prior to the First Day of Hire. Termination must be by written notice to CYC and will take effect on the date specified in the notice.
- In the event that the Hirer elects to terminate this Agreement, a proportion of the Hire Fee will be payable (or retained by) CYC as follows (Cancellation Fee):
|Notice period||% of Hire Fee|
|Five months or more before the First Day of Hire||Full refund minus Deposit|
|Less than five months before the First Day of Hire||80% of the fees for the minimum number specified in Booking Request|
- If the Hirer cancels the booking and CYC is able to take another Booking for the identical booking dates, it will reduce the Cancellation Fee by an amount equal to the amount received from the subsequent booking/s.
- If the Booking is subject to a Government ordered suspension of camps/excursions, the Booking will be rescheduled to the earliest available time that is convenient to CYC and the Hirer. If a convenient time cannot be agreed, then a full refund of all monies paid by the Hirer shall be paid by CYC.
- The client agrees that the Cancellation Fee does not constitute a penalty and represents fair and reasonable financial settlement, having regard to the monetary loss and costs CYC will suffer when the required five (5) months’ notice of cancellation is not given.
TERMINATION BY CYC
- CYC may terminate this Agreement if:
- (a) the Hirer fails to pay the Deposit and any required security bond in accordance with
Conditions 7 and 12;
- (b) the Hirer defaults in the performance of its obligations under this Agreement and does not remedy that default within a reasonable time after being notified of it (having regard to the nature and consequences of the default);
- (c) the Hirer fails to terminate or suspend the engagement or appointment or involvement of a person that fails a screening process contemplated by Condition 94 or a person that has a record or charge which would preclude that person from working with or being involved in activities involving children;
- (d) CYC reasonably considers that the Hirer has failed to maintain or comply with appropriate child protection practices or policy;
- (e) the Facility (or any relevant part thereof) is or is reasonably anticipated to be unavailable during any part of the Hire Period due to circumstances beyond the CYC’s reasonable control, including civil commotion, terrorism, sabotage, war, bushfire, flood, drought, heat wave, wind, land slide, snow storm and any other natural event which poses a material risk to persons or property. If a booking is cancelled under this sub-clause, CYC will give the Hirer as much notice as is reasonably possible having regard to the circumstances and any payment received from the Hirer will be promptly returned.
- (a) the Hirer fails to pay the Deposit and any required security bond in accordance with
- Termination by CYC will be by written notice and will have immediate effect unless otherwise specified in the notice.
- If this Agreement is terminated during the Hire Period:
- (a) the Hirer must immediately vacate (and must ensure that any person under its direction or control immediately vacates) the Facility and its grounds;
- (b) No refund will be provided for a termination made pursuant to Conditions 86 (a)-(d) inclusive.
- If a dispute arises between the parties relating to the performance of this Agreement, then the following provisions apply:
- (a) Either party may serve written notice on the other (“dispute notice”) stating the nature and details of the dispute.
- (b) The parties must jointly request appointment of a mediator within 7 days of the dispute notice being served. If they fail to agree on the appointment within that time, either may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator.
- (c) Once the mediator has accepted the appointment, the parties must comply with the mediator’s instructions.
- (d) If the dispute is not resolved within 30 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases.
- (e) The mediator may fix the charges for the mediation which must be paid equally by the Hirer and CYC
- (f) If the dispute is settled, the Hirer and CYC must sign the terms of agreement and the signed terms are binding.
- (g) The mediation is confidential and:
- (i) statements made by the mediator or the parties, and
- (ii) discussions between the participants to the mediation, before after or during the mediation,
- (iii) cannot be used in any legal proceedings.
- (iv) It must be a term of the engagement of the mediator that the parties release the mediator from any court proceedings relating to this lease or the mediation.
INSURANCE AND INDEMNITY
- The Hirer must have and maintain throughout the Hire Period the following insurance policies with reputable insurers and provide CYC with certificates of currency for those policies upon request:
- (a) Public Liability Insurance Policy providing for a minimum cover of $10 million for any one event (no Booking Request will be accepted by CYC until it sights evidence of such insurance cover);
- (b) Contents insurance covering damage to property and equipment owned by the Hirer to its full replacement value; and
- (c) any workers’ compensation insurance required under applicable workers’ compensation legislation.
- The Hirer:
- (a) uses the Facility at its own risk and releases CYC from any liability arising out of or in connection with the exercise by the Hirer of the rights granted under this Agreement or the Hirer’s use of the Facility, except to the extent to which a claim is caused or contributed to by the negligent act or default of CYC or its employees, agents or contractors; and
- (b) indemnifies CYC from and against any action, claim, demand, loss, damage, cost or expense, including legal costs and disbursements incurred in settling a claim on a full indemnity basis (“Claim”) for which CYC becomes liable arising from any loss, damage or injury (including fatal injury) to persons associated with the Hirer’s use of the Facility, except to the extent that such Claim was caused or contributed to by the negligent act or default of CYC or its employees, agents or contractors.
- CYC has zero tolerance for child abuse. Every person working at CYC is responsible for the care and protection of the children within CYC’s care and for reporting information about alleged child abuse.
- If the Hirer engages in activities which involve or have present people under the age of 18 years of age (‘children’), the Hirer must have a child safety policy or policies in place prior to and throughout the Hire Period and must provide a copy of the policy to CYC upon request.
- The Hirer must have screening processes (including a Working With Children Check) in place for the appointment/engagement of persons (all directors and officers, employees, volunteers, agents, contractors who are involved in the operations of the Hirer in any capacity) which would preclude inappropriate persons from working with or being involved in activities involving children.
- The Hirer must promptly advise CYC of any concerns about child safety in connection with the Hirer’s use of the Facility.
- The Hirer must have read, understood and agree to be bound by CYC’s Child Protection Policy and Child Protection Code of Conduct.
- The Hirer must maintain a sign-in/sign-out register for all persons attending the Facility in connection with an event facilitated by the Hirer and provide CYC with a copy of that register promptly upon request.
- Where these Conditions require the Hirer to do or refrain from doing something, the Hirer is required to ensure that the Hirer’s employees, agents, contractors, customers and visitors do or refrain from doing the thing, as the case may be.
- CYC and the Hirer are independent entities and this Agreement does not create a partnership, joint venture or agency relationship or other arrangement of a similar nature between them.
- No failure to exercise or delay in exercising any right under this Agreement constitutes a waiver and any right may be exercised in the future. Waiver of any of this Agreement must be in writing and is only effective to the extent set out in that written waiver.
- The Agreement may only be amended or varied by written agreement.
- This Agreement constitutes the entire agreement between CYC and the Hirer in respect of the Hirer’s use of the Facility. The Hirer acknowledges that it does not rely on any representation not contained within this Agreement and that CYC makes no representation that the Facility is suitable for its proposed use.
- This Agreement is governed by the laws of the State of Victoria, Australia.