ACCESS AND INDEMNITY DEED

Between:Body Corporate for the Aurora Tower CTS 35222 (the “Body Corporate”)

and:______(the “Visitor”)

See Note 1

of ______[insert address]

Background

AThe Body Corporate is the body corporate for the Aurora Tower located at 420 Queen St, Brisbane (the “Building”)

BThe Visitor wishes to access those areas of the Building referred to in the Schedule (the “Permitted Areas”) for the purpose of carrying out the activity referred to in the Schedule (the “Permitted Activity”).

CThe Body Corporate agrees to allow the Visitor to access the Permitted Areas for the purpose of carrying out the Permitted Activity on the terms set out below.

The Parties Agree as Follows:

1Access

1.1The Body Corporate allows the Visitor and the Permitted Companions referred to in the Schedule to access the Permitted Areas solely for the purpose of carrying out the Permitted Activity referred to in the Schedule. The Visitor and their Companions must not enter or remain on any other areas within the Building except as is strictly necessary to access the Permitted Areas (unless they are otherwise permitted to do so by law - e.g. where the Visitor is already a resident in the building).

1.2The Visitor is only permitted access at the dates and times referred to in the Schedule. The Visitor and their Companions must not access, or attempt to access, the Building at any other times (unless they are otherwise permitted to do so by law - e.g. where the Visitor is already a resident in the building).

1.3The Visitor must not bring any other persons into the Building except for the Permitted Companions referred to in the Schedule. The Visitor and all their Companions must remain together within the building at all times.

1.4The Visitor is only permitted to access the Permitted Areas for the purpose of carrying out the Permitted Activity. The Visitor and their Companions must not carry out any other activity. The Visitor must ensure that all activity that they or their Companions carry out in the Building is performed in a safe manner and in compliance with all laws.

1.5The Visitor and their Companions must not bring any other equipment or items into the Building except for the Permitted Equipment referred to in the Schedule.

1.6Whilst in the Building, the Visitor must ensure that they, and their Companions (if any), do not damage or mark any part of the Building or any chattels within the Building, or cause any disruption or inconvenience to any other person in the Building.

2Fee

2.1In exchange for the Body Corporate granting the rights referred to in this Deed, the Visitor agrees to pay the Access Fee referred to in the Schedule.

3Indemnity

3.1In consideration for the Body Corporate granting the rights referred to in this Deed, the Visitor agrees to indemnify the Body Corporate as well as all owners and occupiers of apartments and any other persons lawfully within the building in respect of any damage, loss, expenses, claims or demands whatsoever which they may in any way suffer or incur as a result of the Visitor or any of their Companions entering into the Building or performing any activity within the Building.

3.2Clause 3.1 is for the benefit of not just the Body Corporate, but also owners and occupiers of apartments within the Building as well as any other persons lawfully within the building and such persons shall each be a ‘beneficiary’ of this Deed within the meaning of that term as referred to in section 55 of the Property Law Act Qld, and may enforce this Deed as if they were a party to the Deed.

4Miscellaneous

4.1The Visitor and all of their Companions (if any) must comply with any directions given by a representative of the Body Corporate or a representative of the caretaker/manager for the Building.

4.2The Body Corporate may, in its sole and absolute discretion, withdraw the rights granted in this Deed at any time, without notice, and for any reason. If the Body Corporate does so the Visitor and all their Companions must immediately leave the Building. The withdrawal by the Body Corporate of the rights granted in this Deed shall not affect the above indemnity granted by the Visitor.

4.3The Visitor shall be responsible and liable for all acts, things and omissions done (or not done as the case may be) by all people who they bring or allow into the Building. The Visitor shall also be responsible and liable for any damage or loss caused or contributed by any equipment or item which the Visitor, or any of their Companions, bring into the Building. The Visitor must ensure that all their Companions comply with this Deed as if they were a party named in this Deed.

4.4The Body Corporate does not give any warranty as to whether the Permitted Areas or the Building are suitable for the Permitted Activity or any other purpose.

4.5In this Deed any reference to the term "Companions" is a reference to all persons who the Visitor brings or allows into the Building including but not limited to the Permitted Companions referred to in the Schedule.

Schedule

See Note 2 regarding completing this Schedule

Permitted Areas
/ Insert areas the Visitor is entitled to access in the Building
Permitted Activity / Insert details of the activity which the Visitor is entitled to perform whilst in the Building
Permitted Companions / Insert people permitted to accompany the Visitor into the Building
Name:
Address:
Name:
Address:
Name:
Address:
Attach additional sheet if needed
Permitted Dates and Times for Access / Insert dates and times the Visitor is entitled to access the Building
Permitted Dates:
Permitted Times:
Permitted Equipment / Insert equipment the Visitor or is entitled to bring into the Building
Access Fee / + GST
Insert ‘Nil’ if no fee is payable

……………………………………….……………………………………..

Signed sealed and deliveredWitness

by the Visitor

Date / /

……………………………………….……………………………………..

Signed sealed and deliveredWitness

on behalf of the Body Corporate

Date / /

This page is not part of the Access & Indemnity Deed

Do not attach this page to the Deed

INSTRUCTIONS FOR COMPLETING ACCESS & INDEMNITY DEED
Note 1:Name of Visitor

The name of the Visitor inserted as a party to the Agreement should either be an individual person, or a company of some size and substance – or both.

If a company is inserted the correct name and status of the company must be inserted – ie “Pty Ltd” or just “Ltd”. The ABN for the company must also be inserted.

Do not insert a private company or just a business name.

Note 2:Completion of Schedule

As much detail as possible should be inserted when completing the schedule. For example, full details of the activity the Visitor wishes to carry out and the equipment then intend to bring into the building should be inserted. If necessary additional pages should be attached to the Deed.

If in doubt, contact the Body Corporate’s solicitor’s, Warlow Scott, attn: John Warlow, Ph 07 3002 7444 or