TRYBE FLOW HIRE AGREEMENT

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This Hire Agreement (“Agreement”) applies to all external facilitators, practitioners, coaches, allied health providers and community-based wellness offerings using the premises and where applicable, or equipment hire of Trybe Flow Pty Ltd (“the Studio”), located in Darwin, Northern Territory.  For the purposes of this Agreement, references to "Trybe Flow" or "the Studio" refer to Trybe Flow Pty Ltd trading as Trybe Flow.

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By proceeding with a booking or purchase, the Hirer acknowledges and agrees to the following terms and conditions.

 

1. PURPOSE OF USE

 

The Studio may only be used for the approved wellness, educational, therapeutic or community-based activity discussed and agreed upon with Trybe Flow.

 

The Hirer must not use the space for unlawful activity, high-risk activity, loud events, parties, or any activity that may damage the reputation, operation or atmosphere of the Studio.

 

Trybe Flow reserves the right to refuse or cancel bookings that are not aligned with the values, purpose or intended use of the space.

 

2. BOOKING CONFIRMATION & PAYMENT

 

Bookings are subject to availability and are not confirmed until payment has been received.

 

Trybe Flow reserves the right to request a security deposit prior to the booking date. Any applicable security deposit will be communicated in advance.

 

Recurring bookings may be reviewed periodically and remain subject to ongoing suitability and availability.

 

3. ACCESS & USE OF SPACE

 

The Hirer may only access the areas agreed to as part of the booking and only during the approved booking timeframe.

 

Access outside approved times must be agreed to in writing.

 

The Studio must be treated respectfully and professionally at all times.

 

The Hirer is responsible for:

 

- their clients, attendees, guests and contractors

- ensuring the space is used safely and appropriately

- supervising all participants during the booking period

 

4. KEYS, ACCESS & SECURITY

 

Where keys, access codes or other entry methods are provided, the Hirer agrees to:

 

- keep all access details secure and confidential

- not duplicate, share or distribute keys or access information without written approval

- ensure the Studio is properly locked and secured upon departure where applicable

 

Keys must be returned promptly in accordance with the agreed arrangement following the booking or booking period.

 

The Hirer is responsible for costs associated with lost, stolen, unreturned or damaged keys, including replacement keys, rekeying, locksmith fees or security-related costs where reasonably required.

 

The Hirer remains responsible for the security and condition of the Studio during the period of access and use.

 

5. CLEANING & PACK DOWN

 

The Hirer agrees to leave the Studio in a clean, tidy and presentable condition.

 

This includes:

 

- removing rubbish

- returning furniture and equipment to its original position

- wiping down surfaces where required

- ensuring lights, fans, air conditioning and music are turned off after use

- securing the premises where applicable

 

Additional cleaning fees may apply where excessive cleaning or pack down is required following the booking.

 

6. EQUIPMENT & PROPERTY

 

Any equipment, props or furnishings provided by Trybe Flow remain the property of the Studio and must be used respectfully and only for their intended purpose.

 

The Hirer agrees to notify Trybe Flow of any damage, breakage or maintenance concerns as soon as reasonably practicable.

 

The Hirer will be held responsible for damage caused by themselves, their attendees or associated parties beyond normal wear and tear.

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All equipment must be returned clean, dry and in the same condition it was provided.  Where equipment has been used, the Hirer is responsible for wiping down and cleaning all items before returning them or placing them back on the designated equipment storage shelves within the studio.  This applies to equipment used offsite or within the studio.

 

Trybe Flow accepts no responsibility for theft, loss or damage to personal belongings, equipment or items brought into the Studio by the Hirer or attendees.

 

7. LIABILITY & INDEMNITY

 

The Hirer acknowledges that participation in wellness, movement, therapeutic or community-based activities carries inherent risks.

 

To the extent permitted by law, the Hirer agrees to release and hold harmless Trybe Flow, its owners, employees and representatives from any claims, loss, injury, damage or liability arising from:

 

- the Hirer’s use of the Studio

- activities conducted during the booking period

- acts or omissions of the Hirer or attendees

 

The Hirer agrees to indemnify Trybe Flow against any claims, costs, damages or liabilities arising from the Hirer’s use of the Studio, except where caused by the negligence of Trybe Flow.

 

8. INSURANCE

 

Where applicable to the nature of the service being provided, the Hirer agrees to hold appropriate public liability insurance and any other relevant professional insurance required for their business or practice.

 

Trybe Flow may request evidence of insurance prior to approving or continuing a booking arrangement.

 

9. CANCELLATIONS & RESCHEDULING

 

Cancellation or rescheduling requests should be provided as early as possible.  The following cancellation terms apply to all studio hire bookings, including one-off and recurring bookings, unless otherwise agreed in writing.

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Unless otherwise agreed in writing, the following cancellation terms apply:

• More than 14 days' notice: Full refund of the booking fee received.

• 7-14 days' notice: 75% refund of the booking fee received.

• 3-6 days' notice: 50% refund of the booking fee received.

• 48 -72 hours' notice: 25% refund of the booking fee received.

• Less than 48 hours' notice: no refund.  The full booking fee is forfeited.

 

Rescheduling

Requests to reschedule are subject to studio availability and approval by Trybe Flow Pty Ltd. Rescheduling within 48 hours of the scheduled booking may be treated as a cancellation and subject to the applicable cancellation terms.

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Recurring bookings

For recurring studio hire arrangements, the cancellation terms above apply individually to each scheduled booking.  

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Cancellation of an individual booking does not automatically cancel or terminate the ongoing recurring arrangement.

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To permanently cancel a recurring arrangement, the Hirer must provide written notice. The cancellation terms above will apply to each scheduled booking affected by the termination, calculated from the date written notice is received.

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Cancellation by Trybe Flow

 

Trybe Flow reserves the right to cancel or reschedule bookings due to unforeseen circumstances, maintenance, safety concerns or operational requirements. Where this occurs, reasonable efforts will be made to offer an alternative time or refund where appropriate.

 

10. OVERTIME USE

 

The Hirer must vacate the Studio within the agreed booking period unless prior approval has been obtained.

 

Additional charges may apply where the booking exceeds the approved hire time.

 

Repeated overtime use may impact future bookings.

 

11. NO TENANCY OR SUBLEASE

 

This Agreement grants permission for temporary use of the Studio only and/or where applicable, the hire of equipment.

 

Nothing in this Agreement creates:

 

- a lease

- tenancy rights

- exclusive possession

- ongoing occupancy rights

- a sublease arrangement

 

The Hirer may not transfer, assign or sub-hire the booking or Studio space to another party without written approval from Trybe Flow.

 

12. HEALTH, SAFETY & COMPLIANCE

 

The Hirer agrees to comply with all applicable health, safety and legal requirements relevant to their activities.

 

The Hirer must immediately report:

 

- accidents

- injuries

- property damage

- safety concerns

- incidents occurring during the booking period

 

Trybe Flow reserves the right to end a booking immediately where conduct is unsafe, inappropriate, unlawful or damaging to the Studio or its community.

 

13. PRIVACY AND PERSONAL INFORMATION

 

The Hirer is responsible for collecting, managing and protecting personal information relating to their own participants in accordance with applicable privacy laws.

 

Trybe Flow does not routinely collect participant information for independently organised studio hire activities.

 

Each party must handle any personal information received from the other responsibly and in accordance with applicable privacy laws.

 

Personal information collected by Trybe Flow in connection with studio hire will be handled in accordance with its Privacy Policy, available on the Trybe Flow website.

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14. GENERAL

 

Trybe Flow reserves the right to update these terms from time to time.

By proceeding with payment or use of the Studio, the Hirer confirms they have read, understood and agreed to this Agreement.

If any part of this Agreement is found to be unenforceable, the remaining provisions will continue to apply.

These terms are governed by the laws of the Northern Territory, Australia.