Terms & Conditions

1. Covid-19
The activity/event must be undertaken in accordance with applicable Public Health Directions at the time of the activity/event.

2. Application
The right to use the venue is subject to Palm Creek Estate approval of an application on the required form signed by the hirer undertaking to comply with these conditions. If the proposed hirer is a not-for-profit association or charitable organisation, the Application/Hire Agreement must be signed by the President and Secretary of the organisation.  A booking is not confirmed until an application form/hirer agreement has been completed and submitted with applicable fees.  When a booking has been confirmed, the Application form becomes the Venue Hire Agreement.

3. Fees and Charges
Fees and charges shall be in accordance with the Schedule of Fees and Charged prepared and adopted by Palm Creek Estate from time to time and shall be payable within 7 days of the date of the lodgement of the application/hire agreement form. If a booked venue is not paid within 7 days, the booking will be cancelled without notice.  50% Deposit payable at time of application approval – an invoice will be sent to the hirer. Security Bond and balance of payment is due 14 days prior to the event – an invoice will be sent to the hirer.  All charges where an hourly rate applies shall mean per hour or part thereof.  All bookings will be scheduled within the permitted operating hours. It is important to note that the booking will not be confirmed until all relevant fees are paid.

4. Permitted Operating Hours
Venue Pre Day-Event Setup Event/Activity On Day Access Pack Down/Cleaning
Palm Bar 11am – 2pm 11am – 11pm 10am 11pm – 12pm and next day 8am-10am
Function Barn 11am – 2pm 11am – 11pm 10am 11pm – 12pm and next day 8am-10am
Old Dairy Bar 11am – 2pm 11am – 11pm 10am 11pm – 12pm and next day 8am-10am
Terraces 11am – 2pm 11am – 11pm 10am 7pm – 8pm and next day 8am-10am
Sunset Deck Open at the discretion of the Palm Creek Estate management
Eagles Nest Open at the discretion of the Palm Creek Estate management

5. Use of Venue After Engaged Time
If the facility is not vacated by the nominated time, the hirer shall forfeit the entire bond (if applicable) or pay an hourly rate. Every consideration must be given to the residents who live nearby regarding minimising noise and unruly behaviour and to other users who have booked the venue after you.

6. Cancellation/Transfer of Booking
Venue hire requires a 50% non-refundable deposit be paid at the time of approval. If a 50% deposit is not paid within 7 days from booking, the booking will be cancelled without notice. It is important to note that the booking will not be confirmed until all relevant fees are paid. Bookings can be transferred to an agreed date in the future solely at the discretion of Palm Creek Estate and only if a suitable date is available to reschedule the event.

7. Security Bond
A security bond may be required to be paid at the time of booking as a guarantee of fulfillment of these conditions, and as security against breakages or damage to the building or any fitting and furniture contained therein, and for any cleaning arranged by Palm Creek Estate resulting from the hirer’s use of the premises. The hirer shall be liable on demand by Palm Creek Estate to pay any further amount more than such bond to meet the full cost of such damage or cleaning. If there is no breach of the conditions or damage to the building or any fittings and furniture therein or abnormal cleaning the security bond will be returned within 2 weeks of the use of the premises.

8. Insurance
Casual Hirer’s must complete the Casual User of Council Facilities Liability Insurance Acknowledgement and Declaration (Section 9 of the Hire Agreement Form). Palm Creek Estate does not cover casual hirers (known as third parties) if they fall into the following categories: Incorporated bodies), Sporting clubs, Associations (including non-profit organisation), Impose a fee or charge, even if no profit is made or profits are donated to charity. Should Palm Creek Estate facilities be hired to a third party who is not defined as a casual user, then a certificate of currency for Public Liability Insurance of no less than $20,000,000.00 (twenty million dollars) covering the scope and dates of the activity and a receipt of payment must be presented to Palm Creek Estate. If you are unsure whether you are a business or casual hirer for the purpose of this application, please read section 9 and seek professional independent advice.

9. Indemnity
The hirer agrees to indemnify, and keep indemnified, and to hold harmless Palm Creek Estate, its servants and agents, and each of them from and against all actions, costs, charges, expenses, and damages whatsoever which may be brought, or made, or claimed against them, or any of them, arising out of, or in relation to the hiring engagement.

10. Acts and regulations
The hirer shall conform to the requirements of the Public Health Act, Food Act, Environmental Protection Act, Local Government, and any Local Law or Regulation made there under, and shall be liable for any breach of such Acts, Local Law or Regulation.  All other statutory rules, provisions and regulations of the Commonwealth of Australia or State of Queensland for the time being in force must be complied with by the user and the notices given to the proper officers.

11. Liquor Licencing
The sale of liquor at Palm Creek Estate are prohibited unless the hirer obtains a liquor licence or permit from the appropriate authority. In the event a liquor licence or permit is not required, Palm Creek Estate may impose additional conditions. It is the responsibility of the hirer to obtain a liquor licence from the Office of Liquor and Gaming . Note: licenses are not required for private functions where liquor is not being sold e.g., weddings, private parties. Liquor licences can be obtained from the QLD Office of Liquor and Gaming. Contact details are 13 74 68 or https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/liquor/licensing/applications
Hirers are responsible for hiring of bar staff and ensuring they are aware of their responsibilities and duties. Any permits or approval required by any Government Department in particular the Department of Employment, Economic Development, and Innovation, (Office of Liquor and Gaming Regulation) and the Queensland Police Service are to be obtained. Compliance with the conditions of any approval that any Government Department may impose is essential, and Palm Creek Estate does not take responsibility for any actions or omissions resulting from a failure to abide by Liquor Licensing requirements, or other Government Department. Where required, a copy of the Liquor Licence is to be provided to Palm Creek Estate before the event occurs.

12. Food, Drinks and Confetti
The use of confetti, including biodegradable confetti is not permitted The preparation/cooking of food is not permitted inside the buildings.
Cooking vans and/or fridges, freezers can be parked only in the designated area as identified by Palm Creek Estate – Service Vehicles. Vehicles required for catering are not to parked across emergency access routes. Vehicles used to tow equipment are to be removed from the venue area if not required during event services.

13. Gambling
No game of chance, at which either directly or indirectly money is passed as a prize, shall take place in any part of the premises, with the exception that this clause shall not prevent the hirer using the premises for games of Bingo or equivalent, providing relevant permits have been obtained.

14. Noise
No amplified music after 10:30pm and the amenity of residents is not to be disturbed or adversely impacted upon whether by noise or any other manner. Advisory comment: if a Police Officer is reasonably satisfied there is excessive noise because of activities associated with the hiring of the venue, it will be deemed as a breach of the terms and conditions relating to the hiring of the venue. Advisory Comment: if the onsite manager at Palm Creek Estate must repeatedly (3 times) intervene for excessive noise because of activities associated with the hiring of the venue, it will be deemed as a breach of the terms and conditions relating to the hiring of the venue.

15. Obstructions
The hirer shall comply in every respect with legislation, Codes or Australian Standard regarding public buildings for the prevention of overcrowding and obstruction of gangways, passages, corridors, or of any part of the building. Any person causing an offence against such regulations shall be removed from the building. In conducting the event all measures or procedures considered necessary are to be undertaken to ensure the safety of the general public and persons attending the event.

16. Permission to occupy
The right conferred on the hirer shall be a permission to occupy and shall not be construed as a tenancy. Nothing contained in these conditions shall confer on a regular hirer the right to exclusive possession and Palm Creek Estate may at its discretion allow other individuals and groups to have casual use of the premises.

17. Assignment
Hirers that are granted permission to use the function venue at Palm Creek Estate shall not assign the right of use to any other person, organisation, or body.

18. Regular Use
Palm Creek Estate does not accept permanent bookings preferring to take Regular Bookings. Applications for regular use of a venue at Palm Creek Estate will only be accepted on the understanding that bookings of this nature may be required to cancel / reschedule in preference of major events that require the use of the venue. Cancelling or rescheduling of bookings by Palm Creek Estate may be done at the discretion of the Manager at Palm Creek Estate.  Regular users will be afforded the maximum amount of notice possible. Regular Use means that an individual or group hires a facility on an ongoing and regular basis (weekly / monthly).

19. Adult supervision
Hirers under the age of 18 must have the application form completed by an adult who will be supervising the event. The person completing the application form and whose signature appears on the same is subject to these terms and conditions. If there is any doubt as to the age of the hirer, identification will need to be provided. This will be further verified by contacting the names listed on the Agreement Form. Palm Creek Estate reserves the right to refuse hire of the facility where age verification can not be established. It is the hirer’s responsibility to ensure that the conduct of people attending their event is of an appropriate manner. Destruction of property will not be tolerated.

20. Queensland Police ‘PartySafe’ Registration
Functions/parties/events deemed to be ‘high risk’ are required to register the event with the Queensland Police by completing the ‘PartySafe’ online registration at https://forms.police.qld.gov.au/launch/EventPartySafe/ and registering at your local police station at least six week prior to your event (if possible). Additional bond charges may apply to high-risk events.

21. Parking attendants
Palm Creek Estate will provide 1 parking attendants for each event 1-50 guests and 2 for 50+ guests. The cost of any additional attendants shall be borne by the hirer.

22. Theft
Neither Palm Creek Estate nor its servants shall be liable for any loss or damage sustained by the hirer or any person, firm or corporation entrusting to or supplying any article or thing to the hirer by reason of any such article or thing being lost, damaged or stolen. The hirer hereby indemnifies Palm Creek Estate against any claim by any such person, firm or corporation in respect of such article or thing.

23. Refusal to grant hire
It shall be at the discretion of Palm Creek Estate to refuse to grant the hire of a venue in any case and, not withstanding that permission to hire the premises may have been granted or that these conditions may have been accepted and signed and the fees and deposit and security bond paid, Palm Creek Estate shall have the power to cancel such permission and direct the return of the fees and deposits and security bond so paid.
The hirer hereby agrees in such case to accept the same and shall be held to have consented to such cancellation and to have no claim at law or in equity for any loss or damage in consequence thereof.

24. Good order
The hirer shall be responsible for the full observance of these conditions and for the maintenance and preservation of good order in the building throughout the whole duration of the period of use. No spitting, obscene or insulting language or disorderly behaviour or damage to property shall be permitted in any part of the building.

25. Cleaning Requirements and Rubbish Removal
The hirer is responsible for leaving the premises in a clean and tidy state. All equipment, decorations, food, and alcohol etc must be removed from the facility immediately following the close of the event or the following day (Ref clause 4 herein) Floors should be swept and mopped if excessive floor waste. All waste including food scraps, to be removed and deposited in the bins provided outside the buildings. Correct recycling principles should be followed. The hirer will be responsible for removing additional waste that does not fit in the provided bins at their own cost. If additional waste remains at the site, it will be removed by Palm Creek Estate at the cost of the Hirer. Failure to comply with these conditions will result in extra cleaning charges being withheld from the bond or, if a bond is not held or is insufficient, being invoiced to the hirer.

26. Damages
The floors, walls, curtains or any other part of the building or any fittings or furniture shall not be removed, broken, pierced by nails, screws, pins staples or hot glue or in any other way damaged. The hirer shall accept full financial responsibility for damage to Palm Creek Estate property except for normal wear and tear.

27. Facilities, Furniture and Equipment
Basic furniture and equipment is available and kept inside and undercover in the venue area is for use by the hirer and is the responsibility of the hirer to ensure its safety.  The Hirer is responsible for setting up for weddings and major events. Following the event all Palm Creek Estate tables must be wiped and placed back into table trolleys and all chairs stacked.

28. Vehicle Access
To ensure road safety and the amenity of our local neighbourhood a traffic management plan has been developed to minimise any impact and is to be strictly adhered too and is to be supplied as part of the Venue Hire Agreement.
ii. Max 60 vehicle movements per function (30 each way inclusive guests, caterers, deliveries – bus’s, cars, trucks)
iii. Available Carparks – 4 x accommodation, 1 x disabled, 1 x service vehicle, 2 x couch/bus, 15 x general guest and function staff
All general guests are to arrive and depart by bus either directly from accommodation (door to door) for group bookings or from the closest designated transit centre – Refer Traffic Management Plan Vehicles are restricted to car parks only. The hirer shall not permit vehicles of any kind to be driven, wheeled, or manoeuvred on grassed areas unless approved implicitly by the manager at Palm Creek Estate. Should vehicles be parked, driven, or manoeuvred on grassed areas or pedestrian paved areas during the hire period, the hirer shall forfeit the security bond whether damage has been occasioned or not.

29. Signage
No notice, sign, advertisement, scenery, fittings or decorations of any kind shall be erected on or in the building or attached or affixed to the walls, doors or any other portion of the building, fittings or furniture, without prior consent from Palm Creek Estate.

30. Decorations Stage Fittings
No stage property, decorations, electric lighting, naked lights of any kind or articles of similar nature shall be brought into the building without the consent of Palm Creek Estate. This includes smoke machines, additional seating and scaffolding. All such articles and property together with any catering appliances or fittings shall be removed by the hirer at the end of the event. All stage/performance lighting must be set up and packed down by a qualified technician. This must be completed in the set setup and pack down time frames (Ref Clause 4 herein).
Note: Naked lights of any kind or articles of similar nature (e.g. candles, oil burners or mosquito burners) and smoke machines are prohibited without prior consent from Palm Creek Estate.

31. Safety
Any electrical items brought into and used in venue must have a current electrical safety test tag. Fires or damage caused by untagged equipment being used will result in the hirer being invoiced for repairs and costs associated with said fires or damage. The hirer is required to give patrons/attendants a basic outline of fire exits and evacuation procedures at the commencement of the event. In the event of a fire, Emergency Evacuation Procedures, as supplied to hirers at the time of signing the Hire Agreement Form, must be complied with.

32. Smoking
Smoking is not permitted in the buildings.  Smoking is not permitted within five metres of any building entrance. It is the hirer’s responsibility to ensure that smoking does not occur within the building as stated or in contravention of Queensland Government Legislation. Cigarette butts are to be extinguished in the ashtrays provided.

33. Opening and closing venue
The manager Palm Creek Estate shall open the venue at the booked time for the hirer. The hirer must comply with entry and exit times. Palm Creek Estate will ensure Hirer’s have vacated at permitted times.

34. Free access
Any Palm Creek Estate employee shall at any time be entitled to free access to any and every part of the building for compliance purposes.

35. Disputes
In the event of any dispute or difference arising as to the interpretation of these conditions, or of any matter or thing contained therein the decision of Palm Creek Estate thereon shall be final and conclusive.

36. Performing rights
In the case of a dramatic or other performance or concert, the hirer shall not produce, or permit to be produced or performs, any dramatic or musical work in infringement of the copyright or performing right or rights, and the hirer agrees to indemnify Palm Creek Estate against any claim for breach of copyright or any other action herewith.

37. Reserve Right To Immediately Cancel Booking
If the hirer commits, permits, or allows any breach of default in the performance and observance of any of these conditions Palm Creek Estate may terminate the permission to use the premises and the hirer shall immediately vacate the premises and any security deposit shall be forfeited to Palm Creek Estate.

38. Palm Creek Estate – The Manager
Wherever appearing in these conditions and where the context so admits the expression Palm Creek Estate / Manager it shall be deemed to include any employee of Palm Creek Estate acting with the authority of the directors and managers of Palm Creek Estate expressly or implied.