This Agreement is made between AlburyCity Council (“Council”) ABN 92 965 474 349, And the Member for use of Facilities and Private Studio within The Pumphouse (“The Pumphouse”) at 9 Boundary Road, Albury. 

1. Interpretation

1.1. In these terms and conditions, unless otherwise specified:

“Agreement” means the licence agreement between Council and the Member and includes both the Online Application Form and these terms and conditions.  

“Facility” means any equipment, shared workspaces, rooms, and spaces offered within The Pumphouse (excluding any Private Studios or staff offices) by Council for the shared use by the Member, guests, and invitees of Council.

“Member” means the person(s) referred to in the Online Application Form.

“Membership” means membership options offered by Council to the Member within the Online Application Form, subject to avaliability by Council and includes but is not limited to:

1.1.1. Studio Maker;

1.1.2. Full Maker;

1.1.3. Casual Maker;

1.1.4. Casual Maker (Hourly): or

1.1.5. any other membership option as agreed between Council and the Member.

“Membership Fee” means The Pumphouse fee set out within the Online Application Form and applicable to the type of Membership selected by the Member, paid in accordacne with clause 5.

“Membership Period” means the time period elected by the Member within the Online Application Form and applicable to the type of Membership selected by the Member.

“Private Studio” means a studio that may be used by the Member subject to avaliability and the applicable Membership.

“Online Application Form” means the online form completed by the proposed Member, setting out the details of the Member, Membership, Membership Fee and Membership Period of the Agreement.

“The Pumphouse” means the building and Facilities managed by Council, their staff, contractors, agents and authorised person located at 9 Boundary Road, Albury NSW 2640.

1.2. In these terms and conditions, unless otherwise indicated by the context:

1.2.1. words importing the singular include the plural and vice versa;

1.2.2. headings are for convenience only and do not affect the interpretation of this Agreement;

1.2.3. a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement; and

1.2.4. words importing one gender shall import the other and neuter genders.

2. General Conditions

2.1. The Member must comply with the terms and conditions of this Agreement; failure to do so will authorise Council to immediately terminate this Agreement.

2.2. Council has the right to refuse access to The Pumphouse.

2.3. This Membership is subject to the Member completing a full safety induction and orientation, which includes training on the safe use of equipment and facilities and familiarisation with AlburyCity Wellbeing Health and Safety policies and procedures. Induction sessions are delivered on site by The Pumphouse staff and other suitably qualified practitioners engaged by The Pumphouse. The Pumphouse reserves the right to restrict access to Members who have not completed this induction.

2.4. The Member acknowledges that The Pumphouse is a shared facility and will be used by other members, groups, agents, staff and invitees of Council.

2.5. No sub-letting or transfer of Membership of any kind is permitted.

2.6. All persons entering Council property do so at their own risk.

2.7. Participants must be 18 years of age or above to become a Member at The Pumphouse.

3. Licence

3.1. In consideration for the payment by the Member to Council of the Membership Fee, Council grants the Member a non-exclusive licence to occupy and use the Facilities within The Pumphouse on the terms and conditions contained in the Agreement.

3.2. If the Member has applied and paid for a ‘Studio Maker’ Membership option, the Member is granted a non-exclusive licence to occupy a Private Studio within The Pumphouse, subject to any conditions within the Online Application Form.

3.3. To the extent of any inconsistency between the Online Application Form and these terms and conditions, these terms and conditions shall prevail.

3.4. By completing the Online Application Form, the Member acknowledges that it has read, understood, and agreed to the Agreement, including these terms and conditions.

4. Hours of access

4.1. The Facility is available to the Member during the times advertised on The Pumphouse website.

4.2. The Member is not permitted to access the Facility for any purpose outside their approved hire times. Access times are monitored by the swipe card data. Unauthorised access will result in cancellation of the Membership.

4.3. The Pumphouse staff are in attendance during the supervised hours detailed on The Pumphouse website. These supervised hours are subject to change.  If there is any change to these hours, all Members wil be notified by email or any electronic direct mailing system used by The Pumphouse.

5. Fees and charges

5.1. All Membership Fees and charges are adopted annually by Council and are subject to change each year on 1 July.

5.2. Unless otherwise agreed with Council, payment of all Membership fees and charges must be made through The Pumphouse’s website

5.3. Council reserves the right to pass on to the Member any surcharge, merchant, banking or transaction fee incurred by Council as a result of the Member’s payment of the Membership Fee.

5.4. Members with subscriptions will be automatically charged as per the subscription selection upon purchase. All Membership Fees must be paid in advance. Partial payments will not be accepted.

6. Cancellations

6.1. The Pumphouse reserves the right to terminate the Membership at any time if the Member breaches the terms of this Agreement.

6.2. If this Agreement is terminated in accordance with clause 6.1, then Council shall not be liable for any loss or damage to the Member or any third party relating directly or indirectly to the termination.

6.3. The Pumphouse may terminate this Agreement for any reason by giving seven (7) days’ notice in writing to the Member, or immediately upon written notice if:

6.3.1. in its reasonable opinion The Pumphouse will likely be unfit for Member’s intended purpose during the Membership Period as a result of circumstances beyond Council’s reasonable control;

6.3.2. The Pumphouse is required to be closed by direction from any government or regulatory authority;

6.3.3. The Pumphouse is required to be closed by law; or

6.3.4. Council’s operation of The Pumphouse ends.

6.4. If the Agreement is terminated in accordance with clause 6.3, then Council shall refund on a pro rata basis any Membership Fee paid by the Member.

7. Insurance

7.1. Council must maintain Public Liability Insurance for The Pumphouse for a reasonable amount, but not less than $20,000,000.00.

7.2. Council is not required to insure any goods or equipment brought into the facility by the Member. Members should obtain their own insurance for their goods or equipment.

7.3. The use of the Member’s personal goods or equipment within The Pumphouse is at the Member’s sole risk.

8. Indemnity

8.1. The Member is liable for and indemnifies Council from and against all actions, claims, demands, losses, damages, and expenses for which Council may be or become liable or suffer in respect of:

8.1.1. damage to The Pumphouse or property owned by Council arising out of or in the course of the Member’s use of the Facility or Private Studio, except to the extent the damage is caused or contributed by a negligent act or omission of Council;

8.1.2. injury or death of any persons arising out of or in the course of the Member’s use of the Facility or Private Studio, except to the extent the injury or death is caused or contributed by a negligent act or omission of Council;

8.1.3. damage or injury caused or contributed to by the acts or omissions of the Member’s invitees;

8.1.4. any breach of any law by the Member in connection with the Member’s use of the Facility or Private Studio; and

8.1.5. any breach of this Agreement, including any failure on the part of the Member invitees to observe and comply with this Agreement.

9. Private Studio

9.1. Any licence granted by Council to the Member(s) for a Private Studio is subject to the terms and conditions within this Agreement.

9.2. A maximum of two members can licence a Private Studio.

9.3. Any Member(s) that holds a licence to use a Private Studio must:

9.3.1. keep the Private Studio in a neat and tidy condition (fair wear and tear exempt);

9.3.2. if requested by Council, allow Council access to the Private Studio at a suitable time agreed between the Member(s) and Council;

9.3.3. at the conclusion of the licence to use the Private Studio (however determined), make good the Private Studio by doing all things necessary to return the Private Studio to its state and condition as immediately prior to the commencement of the licence, including but not limited to:

9.3.3.1. removing all rubbish;

9.3.3.2. removing all personal items, equipment, art or materials;

9.3.3.3. making good any damage caused as a result of the removal of any goods owned by the Member;

9.3.3.4. ensure all items owned by Council within the Private Studio for the use of the Member remain and are in proper working order (fair wear and tear exempt); and

9.3.3.5. ensuring all workspaces are reasonably neat and clean.

9.4. Where a Private Studio licence is granted to two Members for the use of the Private Studio, both members are jointly and severally responsible and liable for the terms within this Agreement.

9.5. Nothwithstanding any provisions within clause 9.3, in the event of an emergency, evacuation or lockdown, Council may access the Private Studio without providing notice to the Member(s).

9.6. Nothing in this Agreement gives rise to a leasehold or tenant and landlord relationship.

10. Security

10.1. Members may be issued a radio-frequency idenitification (RFID) tag to access The Pumphouse main building and grounds (subject to their Membership). At the end of the Membership Period, if the Member has been issued witha RFID tag, the Member must return the swipe card to The Pumphouse staff.

10.2. RFID tags must not be given by the Member to any other person.

10.3. In the event of a lost or stolen RFID tag, the Member must notify The Pumphouse management immediately. A replacement fee may apply for issuing a new swipe card. 

10.4. The Pumphouse is equipped with closed-circuit television (CCTV) surveillance, in addition to a security alarm system. The collected data is managed in accordance with AlburyCity’s procedures and protocoles for   If the Member wishes to access or request this data, they may make a suitable application through the informal access to information process from Council.

10.5. Council and The Pumphouse staff can monitor member access based on usage patterns observed through swipe card data. The Member acknowledges and consents to the collection of this data.

10.6. Council may from time to time amend their CCTV Policy or collection of data policy, the copy of which may be requested by the Member.

11. Minimising risk and managing emergencies

11.1. Any incident, injury or accident concerning or witnessed by the Member must immediately be reported to The Pumphouse staff or Council.

11.2. There is a first aid kit located in the kitchen and the ceramics studio of the Facility for use by members. There is a automated external defibrillator located in the ceramatics studio. All use of first aid equipment and consumables must be notified to Council or The Pumphouse staff, and any use is to be logged in the notebook inside the kit.

11.3. The Member is responsible for familiarising themselves with the Evacuation Plan on display at the Facility, including the location of emergency exit doors, before commencing any activities.

12. Member’s Guests, Children and Family Member’s

12.1. The Member’s guests, children, and family members are not permitted on site unless by prior arrangement with The Pumphouse staff.

12.2. If the Pumbhouse staff have permitted the Member’s guests, children and or family member on site, the Member must:

12.2.1. ensure any guests, children or family members in attendance with the Member are supervised by a responsible adult at all times; and

12.2.2. ensure that the guests do not disturb any installations, equipment or materials within The Pumphouse.

12.3. For avoidance of doubt, a responsible adult must be a Member who is over the age of 18 years. If the Member is not over the age of 18 years, then prior arrangements must be made with The Pumphouse staff as to who will be the responsible adult supervising the guests, children or family members access to the site. .

12.4. The Pumphouse reserves the right to restrict access to the Member’s guests, children and family members that have not been permitted by prior arrangement to access the site.

13. Conduct and behaviour

13.1. The Member agrees to respect the rights and privacy of other users of the Facility. Any form of harassment, discrimination or disruptive behaviour will not be tolerated and, at Council’s sole discretion, may result in the cancellation of the membership by The Pumphouse.

13.2. The Member must:

13.2.1. only use The Pumphouse for the purpose described in the Membership and not for a Prohibited Purpose (as refered to in clause 13.3);

13.2.2. ensure all entrances, exits, passageways, doors and exit signs in The Pumphouse are kept clear and unobstructed;

13.2.3. ensure that no animals are brought into The Pumphouse during the Membership Period, except for assistance animals (as defined in the Companion Animals Act 1998 (NSW)); and

13.2.4. if the Member is the last person to leave The Pumphouse, ensure that all entrances to The Pumphouse are locked and any security alarm armed for the building.

13.3. The Pumphouse or any other part of the Facility must not be used for any of the following purposes (“Prohibited Purpose”):

13.3.1. any unlawful activities; and

13.3.2. any activities that Council deems in its absolute discretion to be discriminatory, inappropriate, dangerous, or offensive.

13.4. The Member must not (and must ensure that its agents, employees, contractors, and invitees do not):

13.4.1. affix any sign, decoration or other item to any part of The Pumphouse, without Council’s prior written consent;

13.4.2. bring any hazardous or dangerous chemicals or goods to or into The Pumphouse;

13.4.3. smoke or use a vaping device in The Pumphouse;

13.4.4. bring alcohol or illicit drugs into the Pumphouse or sell, supply or consume or use alcohol or illicit drugs in The Pumphouse;

13.4.5. prepare or cook food for distribution or sale at The Pumphouse; or

13.4.6. use fire inside or outside (other than in any fire pit provided by Council) The Pumphouse or use smoke machines or any other devices, machines or equipment that may cause activation of smoke or fire alarms at The Pumphouse.

13.5. The Member must ensure that the Facility is left in a neat and tidy condition after each use and at the end of the Membership Period, including:

13.5.1. disposing of any rubbish at the end of each use of the Facility and at the Membership Period; and

13.5.2. returning all chairs, tables, and other furniture and equipment in the Facility to its original position and location.

13.6. All electrical equipment brought into The Pumphouse by the Member, its agents, employees, contractors, or invitees must display a current electrical inspection tag to prove that the items are in a safe working condition. Council reserves the right to refuse use by any person of any electrical item not appropriately tagged and/or identified as potentially hazardous.

13.7. Use the internet facilities in accordance with AlburyWodonga Free Wi-Fi Terms and Conditions, as published and amended from time to time on Council’s website.

13.8. At times as provided by The Pumphouse staff, the Member may use the outdoor barbecue (if available) for recreational purposes and must ensure that the barbecue is cleaned and turned off after each use.

14. General

14.1. This Agreement will be governed by and construed in accordance with the laws of New South Wales.

14.2. This Agreement constitutes the entire agreement between the parties in respect of the subject matter and supersedes all prior agreements or representations.

14.3. No term of this Agreement is to be construed, or to operate, so as to fetter, restrict or otherwise interfere with the exercise of Council’s powers under the Local Government Act 1993 (NSW) or other Act.