THIS IS AN AGREEMENT BETWEEN: THE FARM, ABN: 14624479518 of 7/18 Mountain View Ave, Miami QLD 4220 (The Farm) AND (Hirer)

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THE PARTIES AGREE AS FOLLOWS: In consideration of the payment of the Hire Fee, The Farm agrees to hire the Farmhouse Studio Space (ground floor) (Venue) to the hirer on the terms of this agreement for the following dates + times

The Farm’s obligations

The Farm will:

- maintain public liability insurance in respect of the Venue;

- ensure that the Venue is in a clean condition; and

- ensure that the Hirer has access to the Venue.

Hirer’s obligations

The Hirer must:

- take out and maintain all necessary insurances, including public liability insurance for any event, adequate contents insurance, volunteer’s insurance and workers’ compensation for any of the Hirer’s employees, agents and licensees if applicable;

- use the Hirer’s best efforts to maintain the Venue in the condition it was in at the commencement of the Term, subject to usual wear and tear;

- clean and tidy the Venue at the end of the Term;

- allow the The Farm and its employees, agents and licensees all reasonable access to the Venue;

- inform the The Farm immediately if the Hirer becomes aware of any breakage or damage to the Venue or its fittings or fixtures;

- compensate the The Farm for any damage or loss suffered by the The Farm as a result of the Hirer’s negligence;

- return all keys to the Venue to the The Farm at the end of the Term;

- not attach in any way to walls, doors, glass, floors, furniture or fittings in or around the Venue any nails, screws, adhesive tape, signs or other item without the prior written consent of the The Farm. That consent must not be unreasonably withheld;

- not serve alcoholic beverages for a fee as the The Farm does not hold a liquor licence; and

- not interfere with, or alter any of, the electrical installations, lighting, sound systems or other technical equipment owned by the The Farm.

Hirer’s warranty and indemnity

The Hirer warrants that:

- the Hirer has obtained the necessary permission of all copyright owners to stage the event at the Venue; and

- to the Hirer’s knowledge, the event does not contain any defamatory material.

- The Hirer will unconditionally indemnify and keep indemnified the The Farm against all losses, liabilities, costs and expenses (including reasonable legal expenses as between solicitor and client) that the The Farm incurs as a result of or in relation to a breach of any of the Hirer’s or warranties.

- The Hirer will indemnify and keep indemnified the The Farm against all losses, liabilities, costs and expenses (including reasonable legal expenses as between solicitor and client) arising as a result of or in relation to any injury, death, loss or damage suffered by any third party during the Term provided that loss or damage is caused, directly or indirectly, by the Hirer.

Cancellation:

If the Hirer wishes to cancel the hiring of the Venue, the Hirer must give The Farm 48 hours notice. The hire fee will be refunded minus a $20 administration fee if cancelled more than 48 hours in advance. If cancelled within 48 hours of hire, the full hire fee will be charged, up to a maximum of $120 (Cancellation Notice Period).

Termination

If a party commits a breach of this agreement, the other party must notify the party in breach of the breach in writing. The party in breach must remedy the breach within 7 calendar days of the notice (Notice Period). The party who gave the notice may terminate this agreement immediately by written notice to the party in breach if: the breach is incapable of remedy; or the party in breach fails to remedy the breach within the Notice Period.

Disputes

If a dispute or disagreement (Dispute) arises between the parties in connection with this agreement: a. one party must notify [each/the] other party in writing about the Dispute (Notice of Dispute); and b. [neither/no] party may start any litigation or arbitration in relation to the Dispute until the parties have complied with this clause. - The parties should meet within 14 calendar days after receipt of the Notice of Dispute and hold good faith discussions to attempt to resolve the Dispute. - If the Dispute is not resolved within 28 calendar days after receipt of the Notice of Dispute, the parties agree to submit the Dispute to mediation according to the Arts Law Centre Mediation guidelines current at that time (Guidelines). These Guidelines are part of this agreement. - If the parties are not able to agree to a mediator, the Arts Law Centre must appoint a mediator. - The parties must continue to perform their respective obligations under this agreement despite the existence of a Dispute. - Nothing in this clause 11 will impact on either party’s rights to terminate under clause 10 of this agreement.

General provisions

The parties acknowledge that nothing in this agreement creates any relationship of partnership or employment between the parties. A notice required to be given under this agreement may be delivered by hand, or sent by pre-paid post or fax to the address of the party indicated at the top of this agreement. Notices are taken to have been served when received, or within 2 business days of having been sent, whichever occurs first. Neither party may assign, subcontract, novate or otherwise divest this agreement or any of the rights or obligations under this agreement without the other party’s prior written consent. This consent must not be unreasonably withheld. Subject to clause 12.6, this agreement is the entire agreement between the parties regarding its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect. Nothing in this agreement transfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law. This agreement may only be modified by a written amendment signed by the parties. Invalidity of any clause of this agreement will not affect the validity of any other clause except to the extent made necessary by the invalidity. This agreement is governed by the law in force in Queensland The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.