1

VENUE HIRE AGREEMENT

Entered into by and between

IZIKO MUSEUMS OF SOUTH AFRICA

A national flagship institution established in terms of section 6

of the Cultural Institutions Act, No.119 of 1998

(hereinafter referred to as “Iziko”)

Of:Iziko South African Museum, 25 Queen Victoria Street, Cape Town

Represented herein by ______

Who warrants that he/she is duly authorised hereto

and

Company Name of Event Organiser

(Registration number :______)

(hereinafter referred to as “the Event Organiser”)

Of:______

______

Represented herein by ______

Who warrants that he/she is duly authorised hereto

1.DEFINITIONS

In this Agreement, unless the context clearly otherwise requires:

1.1“the/this Agreement” means this Venue Hire Agreement and the following documents attached to and forming part of this Agreement:

  • Annexure A: General conditions of Use - Rules and Regulations for Venue Hire Events
  • Annexure B: Specific conditions of Use ( for specific venue to be hired)
  • Annexure C: Venue Hire Event Description Form
  • Annexure D: Deed of Suretyship

1.2“the Building” means ______, including all its buildings, parking areas and surrounding facilities, situated at ______

______;

1.3“the Venue” means the area known as ______situated in or at the Building as demarcated on Annexure A hereto;

1.4“the Period” means the period of ______weeks/days/hours commencing at the Commencement Time on the Commencement Date and terminating at the Termination Time on the Termination Date;

1.5“the Commencement Date” means ______;

1.6“the Commencement Time” means ______on the Commencement Date;

1.7“the Termination Date” means ______;

1.8“the Termination Time” means ______on the Termination Date;

1.9“the Charges” means R______;

1.10“the Event” means the event or exhibition to be held, staged, organised or presented by the Event Organiser at the Venue during the Period, being ______;

1.11“The Guests” means the non-paying hosted visitor/s. The number of visitors to be indicated in Annexure C and not exceeding the maximum number indicated in Annexure B.

2.LETTING AND HIRING

2.1Iziko hereby lets to the Event Organiser who hires the Venue on the terms and conditions set out herein.

2.2The Venue shall be used by the Event Organiser for holding of the Event and for no other purpose whatsoever without the prior written consent of Iziko.

2.3The Venue is let and hired voetstoots and Iziko gives no warrantee as to the suitability of the Venue for the Event Organiser’s purposes.

3.PAYMENT

3.1The Event Organiser shall pay 50% of the Charges to Iziko, on invoice, as a non-refundable deposit in order to confirm the booking of the Venue for the Period.

3.2The balance of the Charges, shall be paid by the Event Organiser to Iziko not later than three business days prior to the Commencement Date, failing which Iziko shall be entitled, without prejudice to their other rights in law, to cancel this Agreement and to retain the amount paid by the Event Organiser in terms of clause 3.1

3.3 Iziko shall not be obliged to afford the Event Organiser access to the Venue until such time as all amounts payable in terms of clause 3.1 and 3.2 have been received by Iziko.

3.4In the event of cancellation, less than 30 days prior to the Commencement Date, Iziko will retain 50% of the Charges.

3.5In the event of cancellation, less than 7 days prior to the Commencement Date, Iziko will retain the Charges in full.

3.6All payments in terms hereof shall be made by means of a bank guaranteed cheque or electronic transfer into Iziko’s banking account, the details of which are as follows:

Bank:Standard Bank

Branch:Thibault Square

Branch code:051001

Account name:Iziko Museums of South Africa

Account number:070099081

No cash will be accepted.

4.PRE-APPROVAL OF EVENT BY IZIKO

4.1Not less than 14 days prior to the Commencement Date, the Event Organiser shall submit for the approval of Iziko, an event form. Should Iziko not be satisfied with any aspect of the details contained therein, it shall be entitled to require the Event Organiser to make reasonable changes prior to approving the same.

4.2Once approved the Venue Hire Event DescriptionForm shall be deemed to be part of this Agreement (Annexure C). Should the Event Organiser not comply with any aspect of the Venue Hire Event Description Form, Iziko shall be entitled forthwith to cancel this Agreement and to retain all amounts payable in terms hereof.

4.3Ifadditional security or cleaning services are required by Iziko or the Event Organiser, the Event Organiser shall, at its own expense, make use of the services of the security and/or cleaning contractors engaged by Iziko. All costs in this regard shall be paid by the Event Organiser directly to the service provider at least 3 days prior to the Commencement Date.

5.OBLIGATIONS OF THE EVENT ORGANISER

The Event Organiser shall:

5.1ensure that the Event is staged, organised or presented in a professional manner;

5.2at all times comply with all applicable municipal by-laws, regulations, legal requirements, ordinances and/or legislation with respect to the conduct of the Event, including but not limited to, the requirements and provisions of the Occupational Health and Safety Act of 1993 and labour laws. Any permits required must be in place at least 3 days prior to the event.

5.3ensure that they have in place adequate insurance to cover any claims for damage or injury by Iziko or any third party such as an employee, sub-contractor or guest.

5.4ensure that the Event is appropriately staffed by adequately trained and appropriately attired personnel; Iziko does not supply any labour.

5.5 ensure sub-contractors are comprehensively briefed and aware of General and Specific Conditions of Use and any other relevant information contained in the contract.

5.6supply all its own equipment and paraphernalia (including tables, chairs, crockery, cutlery and glassware) for the Event, ensuring that same meets the design, construction and aesthetic standards of the Building;

5.7ensure that its Guests conduct themselves appropriately while on Iziko property and remove from the Building any person who displays unruly or otherwise unacceptable behaviour. Iziko staff are authorized to caution or request the removal by the organizers of any guests who display unruly / unacceptable behaviour.

5.8ensure that branded signage identifying the Event Organiser is approved by Iziko in advance;

5.9not distribute any pamphlets or promotional material in the Venue or the Building without the prior written permission of Iziko;

5.10not sell any item or charge an entrance fee unless they are a registered NPO or PBO and prior permission has been provided by the Director IA.[SG1]

5.11ensure that all its equipment is installed in such a way as to minimise disruption and the risk of damage to the Building;

5.12ensure that were permission has been given for a temporary structure such as a podium, tent etc. that this is approved by structural engineers where this is required by the City of Cape town by-laws and regulations for public events.

5.13ensure all electrical requirements are installed under the supervision of the Site Manager. No unauthorised persons may not make alterations to the electrical system.

5.14take every reasonable care to ensure proper and careful use of the Venue and must draw to Iziko’s attention any element associated with the Event that could constitute a risk.

5.15keep the Venue in a clean, neat and tidy condition at all times during the Period and ensure that all garbage generated by the Event is properly contained and removed from site at regular intervals;

5.16ensure that volume and/or sound levels are maintained within reasonable limits as indicated by Iziko, it being understood that the interests of other users of the Building, the public and residents in the surrounding neighbourhood must be respected at all times. In this regard, the Event Organiser shall, if required by Iziko, be obliged (at the Event Organiser’s expense) to utilise the services of a Sound Technician/Engineer approved by Iziko;

5.17assemble and put in place all event logistics during the time agreed for set up

5.18dismantle and remove all its equipment and paraphernalia, storage, packaging material and garbage by no later than the commencement of business on the day immediately following the Termination Date, failing which Iziko shall have the right to remove same and to recover the costs incurred in so doing from the Event Organiser;

5.19ensure that the venue is left clean and in the state in which it was found.

5.20make good and/or repair any damage caused to the Building as a result of the Event, the installation and/or removal of the Event Organiser’s equipment and/or paraphernalia, failing which Iziko shall have the right to attend thereto and to recover the costs incurred in so doing from the Event Organiser;

5.21take out, at its own expense, public liability insurance for the event as well as insurance against the risk of the Event being cancelled for whatever reason and insurance against all risks assumed by the Event Organiser under this Agreement and provide proof of such insurance to Iziko, upon request;

5.22comply with the “General Conditions - Rules and Regulations for Venue Hire” as set out in Annexure “B” of the Contract and ensure that its employees and agents and contractors comply therewith.

5.23the Event Organiser agrees to do a post-event check with a member of the Iziko Customer Services Management team on duty prior to leaving the Iziko site at the end of the function.

6.POSTPONEMENT OF THE EVENT

Should Iziko for any reason whatsoever not be able to grant the Event Organiser access to the Venue during the Period, Iziko shall have the right in its sole discretion to postpone the Event and to defer the Commencement Date to a later date upon which the Venue will be available; provided that the length of the Period will remain unaltered and the Termination Date shall similarly be extended. In such event, the Event Organiser shall have the election either,

6.1to accept such later date for the holding of the Event, in which event clauses 1.4 and 1.5 above shall be deemed to have been amended accordingly; or,

6.2to resile from the Agreement and to reclaim from Iziko all monies paid by the Event Organiser in terms of this Agreement.

In either of the above events, the Event Organiser shall have no claim against Iziko for compensation of any loss it might suffer as a result of the postponement or cancellation of the Event.

7.LIMITATION OF LIABILITY

7.1The Event Organiser holds the Event at the Venue entirely at its own risk.

7.2The Event Organiser shall be solely responsible for securing and insuring its goods while they are in the Building.

7.3Neither Iziko nor its agents, officers and/or employees shall be liable for any loss of any nature suffered by the Event Organiser or damage to any of the goods or assets of the Event Organiser, or be liable for any injury or loss of life to the person of the Event Organiser or the Event Organiser’s employees or invitees, as a result of theft, robbery or any other criminal offence, the overflow or failure of water supply or any leakage or any fault in the plumbing works or any electrical fault or by reason of the elements of the weather or failure to carry out any work or of any latent or patent defect in the Building or of any other cause whatsoever including negligence on the part of Iziko or any person for whose actions Iziko may be vicariously liable, and the Event Organiser indemnifies Iziko, its agents, officers and employees against any claims howsoever arising. Specifically and without limiting the aforegoing, no omission or commission by Iziko or the management of the Building and in particular the provision of any security service to the Building, shall be construed in any manner whatsoever as an acceptance by Iziko of any responsibility or liability towards the Event Organiser or any other person.

8.BREACH AND RELATED MATTERS

8.1Should the Event Organiser fail to pay any amount due by it in terms of this Agreement on due date; or commit or allow the commission of any other breach of this Agreement or in the case of an individual, partnership, close corporation or trust, commit an act of insolvency and in the case of a company, commit an act allowing for the winding up of a company under the Companies Act, including the acceptance of a compromise under Section 344 or Section 311 of the Companies Act, then and in any such event Iziko shall have the right forthwith to cancel the Agreement and to resume possession of the Venue, but without prejudice to its claim for the amounts owing hereunder or for damages which they may have suffered by reason of the Event Organiser’s breach of contract or of the premature cancellation.

8.2Iziko shall be entitled to recover all legal costs incurred by it, including Attorney and Own Client charges, tracing fees and such collection commission as Iziko is obliged to pay to their attorneys, from the Event Organiser.

8.3Without prejudice to any of the other rights of Iziko, from due date to date of payment the Event Organiser shall pay interest at the rate of two per centum (2%) per month during the period while payment is outstanding on all amounts due by the Event Organiser to Iziko in terms of or arising out of this Agreement, including any monies disbursed by Iziko on behalf of the Event Organiser.

8.4At the option of Iziko any action or application arising out of this Agreement or any suretyship furnished for the obligations of the Event Organiser, may be brought in the Magistrate’s Court having jurisdiction in respect of the Event Organiser or the surety.

8.5The Parties choose their respective addresses as set out on the first page of this Agreement as their respective domicilia citandi et executandi for all purposes under this Agreement.

9.GENERAL

9.1 Any relaxation of any of the terms of this Agreement or any indulgence shown by either of the parties to the other, shall in no way prejudice the rights of such party and shall not be construed as a waiver or novation thereof.

9.2This Agreement constitutes the entire contract between the parties hereto and no amendment or consensual cancellation of this Agreement or any provision or term thereof, and no extension of time, waiver, relaxation or suspension of any of the provisions or terms of this Agreement, shall be of legal efficacy save in so far as the same is reduced to writing and signed by the parties hereto.

9.3The parties acknowledge that no representations or have been made or warrantees given by either party, their agents and/or employees, save for what is contained in this Agreement.

9.4The Event Organiser shall not, without the prior written consent of Iziko, transfer any of its rights or obligations under this Agreement to any third party

Signed at ______on this ______day of ______200__.

______

as Witness For:Iziko Museums of South Africa

Signed at ______on this ______day of ______200__.

______

As WitnessFor:The Event Organiser

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Annexure A

GENERAL CONDITIONS OF USE

Rules and Regulations for Venue Hire Events

The Event Organiser is to note that the Building is a culturally sensitive and valuable site. The following rules are instituted to ensure that the execution of the Event conforms to Iziko’s regulations and the aesthetic and culture of the Building.

  1. Smoking is not permitted anywhere in Iziko property and the Event Organiser must take steps to ensure that this prohibition is adhered to.
  1. No flowers are to be brought into Museum areas except by prior arrangement, and no water may be used in the arrangements.
  1. No smoking is allowed in any of the buildings.
  1. No candles, frying pans, gas burners or open flames of any kind are permitted.
  1. No spraying of liquids.
  1. Eating and drinking must be restricted to the specific area where the function is being held.
  1. No tampering with existing Iziko signage or labels or placing of any signage that is not authorized.
  2. Adequate toilet facilities are to be provided by the applicant for the event.
  1. All power requirements must be confirmed with the Building’s Site Manager?? at least 4 weeks before the start of the Event. No cabling or other electrical installations may be exposed to the public or be hazardous in any way.
  1. All display tables are to be covered with floor-length, clean, neat tablecloths.
  1. All bags and other personal belongings of staff are to be kept out of sight.
  1. Iziko spaces may not be used for events that are for commercial or personal gain. This
  1. Fees may only be charged for events hosted by registered NPO/ PBO’s and where fees are for a specific beneficiary and/or to cover legitimate costs. Evidence of beneficiary and budget must be provided to support approval.
  1. Product eg books may only be sold by NPO’s PBO’s with the express permission of the CEO
  1. No temporary structures such as tents or stages may be erected unless approved by Iziko and all necessary permits and approvals secured. No tent pegs or supports may be secured into any paved areas. Due to underground irrigation, sewerage and/or electrical systems, no subsurface items are to inserted without specific permission having been obtained from the Building’s Site Manager.
  1. The Event Organiser may not attach any item to the floors, walls or ceiling of the Venue. Should Event Organiser wish to lay carpets on the floor of the Venue, they are to be securely taped down (not glued). Any costs incurred to clean tape marks/gum from the floors will be for the account of the Exhibition Organiser.
  1. All radio advertisements, television advertisements, press agreements or other media containing reference to the Building must be submitted to Iziko for approval prior to publication or flighting. Any artwork, posters, brochures or promotional material containing the Iziko logo must be submitted to Iziko for approval prior to going to print. All the Event Organiser’s signage must be professionally printed. No hand-written signs are permitted.
  1. The setting up of the Event must be completed before 0900 on the day the Event commences and dismantled after 21h00 on the day the Event ends, unless alternative arrangements have been made with the Building’s Site Manager.
  1. If an accident occurs involving injury to any person or damage to any property, the Event Organiser must contact the Site Manager for assistance and report the accident to Iziko as soon as possible.
  1. At least 2 weeks before the start of the Event, the Event Organiser must supply the Building’s Site Manager with a list of names and contact numbers of all exhibitors taking part in the Event as well as all personnel and contractors who will be on site.
  1. The Event shall not include or consist of the promotion of products or services in competition with products or services sold or provided by Iziko.

Annexure B