A casual hirer means any person or group of persons (not being a sporting body, club, association, corporation orincorporated body), who hires a Council facility for
non-commercial or
non-profit making purposes
less frequently than once per calendar month or 12 times per calendar year, shall be covered under Council's Casual hirer policy. If the Hirer is not determined to be a casual Hirer or is a sporting club, commercial enterprise, or an incorporated body or hires the facility more
than once per calendar month or 12 times per calendar year, the Hirer’s use and occupation of the facility shall be at its own risk and the Hirer shall have in effect insurance which shall at all times cover liability to the public (including the Hirer’s invitees) for an amount of not less than $20,000,000 indemnity in respect of personal injury to or death arising by accident of any person whomsoever and in respect of any injury, loss or damage to any property or personal effect whatsoever arising out of or caused by the use or occupation of the facility by the Hirer or its invitees. The Hirer shall ensure that the policy of insurance is in the name of the Hirer or their Association and that the policy is effected with an insurer or insurers to the satisfaction of the Council and that a Certificate of Currency must be supplied to Council with the signed hire agreement application form.
A cross Liability clause naming the Hirer and Canterbury-Bankstown CityCouncil is to be incorporated into the insurance policy wording.
The Hirer shall inform Council in writing of an event that may give rise to a claim under an insurance policy and shall ensure Council is kept fully informed of subsequent action or developments concerning the claim. The Hirer shall indemnify and keep indemnified the Council from and against any claim, demand, action, suit or proceeding that may be made or brought by any person against the Council or the employees, agents or contractors of the Council or any of them in respect of any personal injury to or the death of any person or loss or damage to any property arising out of the use or occupation of the facility by the Hirer or its invitees.
The Council shall not be liable for any loss of or damage to any property or injury sustained or suffered by the Hirer or its invitees, where such loss, damage or injury arises in any way out of hiring unless due to negligence of the Council.
If the applicant qualifies as a casual Hirer, the Hirer will be indemnified by the casual Hirer’s policy arranged by Council on behalf of the Hirer. However, if a claim is made the Hirer will be required to pay the policy excess of $2,000.