The Training Kitchen Pty Ltd

HIRE AGREEMENT

General Terms and Conditions

1. Kitchen Hire

 

• ‘The Training Kitchen’ is defined as the area that includes the premise entrance, the Client allocated Kitchen, change rooms, lockers, toilets, dry store/cool room/freezer, and alfresco outdoor area only.

• The license for use of The Training Kitchen includes the following facilities:

1. reasonable water and power usage
2. dishwasher, chemicals, sanitisers, floor washing detergents
3. use of 1 x cool room/freezer shelf for storage to be allocated by the Company (any increase in space required will incur an extra fee)
4. use of 1 x dry goods shelf for storage to be allocated by the Company (any increase in space required will incur an extra fee)
5. equipment situated within the allocated Kitchen Area (including ovens, utensils etc)
6. general waste disposal bins
7. cardboard waste removal and recycling bins
8. toilets; and
9. change room facilities.

• This Kitchen hire may be subject to co-sharing and the Client does not have exclusive use of The Training Kitchen premises.

• This Agreement does not create any lease or tenancy of The Training Kitchen premises or the allocated Kitchen being hired but is merely a license for the Client to access and use The Training Kitchen premises and allocated Kitchen area during the Hire Term.

• The Company reserves the right to remove any agents, employees, invitees, contractors of the Client from the allocated Kitchen and the premises in which the allocated Kitchen is situated in the event that those persons break any obligations of the Client or engage in any conduct objectionable to the Company.

• The Company, at its discretion, may prohibit any use or application of The Training Kitchen which in its sole opinion is considered objectionable or dangerous or which is contrary to law, or which would be detrimental to the good standing and reputation of the Company. In any such case the Client shall be deemed to have consented to the prohibition and the Company shall not be liable for any loss or damage suffered by the Client in direct or indirect consequence of the Company’s prohibition of any performance or function of the Client.

• The Company reserves the right at its own absolute discretion to relocate bookings to a comparable Kitchen and space should the need arise.

2. Kitchen Capacity

 

• Each Kitchen area within The Training Kitchen premises has 28 individual cooking burners, an additional grill plate, a deep-frying bay, various sized mobile stainless-steel workbenches which accommodates up to 15 individuals/students at any one time in each Kitchen.

 

3. Payment of Hire Fees, Charges and Other Sums

 

• In consideration of the Company agreeing to grant to the Clients a license and authority pursuant to this Agreement, the Client must pay to the Company the specified Hire Fees and Charges set out in Items 2,3 and 4 of the Hire Particulars of this Agreement in advance payable within 7 days from the date of issue of an invoice by the Company to the Client or on an as required basis by the Company.

• For the avoidance of doubt, the Client acknowledges and agrees to pay the Hire Fees and Charges to the Company during the Hire Term notwithstanding that the Client does not use The Training Kitchen premises and/or allocated Kitchen on the times specified in Item 3 of the Hire Particulars of this Agreement (including but not limited to public holidays and term breaks).

• Invoices will be sent monthly wherever practicable or as required by the Company to the Client.

• The Client must also pay to the Company all non-compliant fees and charges chargeable by the Company to the Client under the provisions of this Agreement (including clauses 21 of this Agreement) within 7 days of the date the invoice was issued or as invoiced by the Company to the Client. The Client must ensure that the specified amount of Hire and Security Fees as specified in the Hire Purpose Items 2 and 3 and as set out in the Hire General Terms and Conditions to this Agreement is paid in full and in advance as invoiced and in accordance with the Terms of Annex 2. Failure to pay the required Hire Fees, Charges and specified Security Fee in advance as set out in this Agreement may prevent the Clients Hire License request from being finalised and therefore, the Client will not be permitted to access and use the allocated Kitchen and facilities and may result in the Client’s requested Hire Day/Shift/s to be re-allocated or become not available.

• The Company may deduct from the Clients Hire Fees paid in advance and/or or Security Fee paid any applicable deductions for non-payment or damages to The Training Kitchen, its Kitchens or its facilities and the Client agrees to pay to the Company any such additional amounts within 7 days of written notice and invoice issued.

4. Client Kitchen Induction Requirement

 

It is a condition of this Agreement that the Client including, but not limited to the Clients lecturers, trainers and any persons responsible for the use of and closing down procedures within the allocated Kitchen to undertake an initial one-off induction session which is a mandatory requirement of all Clients Hiring and using an allocated Kitchen under the Terms and Conditions of this Agreement. The Kitchen Induction session is to be undertaken prior to commencing activities within the allocated Kitchen will be coordinated via the Manager of The Training Kitchen and delivered by an approved representative nominated by the Company and will include information, instructions and demonstration in relation to:

1. correct operation of the allocated Kitchen, the equipment and facilities
2. correct closing procedure of allocated Kitchen, the equipment and its facilities; and
3. correct cleaning procedure of allocated Kitchen, the equipment and its facilities.

• The Client will ensure that their appointed representative will attend and complete the required Kitchen Induction session PRIOR to accessing and using the allocated Kitchen/s and as specified in the Hire Purpose Item 3.

• It is the sole responsibility of the Client to ensure that all persons invited by the Client to use The Training Kitchen premises, allocated Kitchen and its facilities under this Agreement are properly inducted in the complete operations of the allocated Kitchen, equipment and facilities

• The Client will be charged a one-off fee of $120 plus GST for the conducting of the mandatory Kitchen Induction session delivered by the Company’s nominated representative.

5. Cancellation

 

• Once The Training Kitchen Hire Agreement has been confirmed (both parties have signed this Agreement) the Client is solely responsible for the payment of all Hire Fees, the Security Fee, Kitchen Induction Fee and other applicable sums as set out in this signed Agreement and the attached Appendices.

• All requests to cancel a Clients License and/or any bookings made in accordance with the signed Hire Agreement must be made PRIOR and by an authorised Client representative in writing to the Manager, The Training Kitchen, email is acceptable.

• The Client will remain liable for the payment all Hire Fees and Charges regardless of the Clients continued access and/or use of the allocated Kitchen and Equipment as set out in the signed Hire Agreement and accordingly, will continue to be invoiced for Hire Fees and Charges.

• The Company shall not be held liable for any interference, disruption or enforced cancellation of any part of an approved booking which is caused by civil disturbance, industrial action, terrorism, act of God or any circumstance which is beyond the control of the Company. The Company is under no obligation to settle any industrial dispute which, if settled, would enable the activity for which the booking was made to continue.

• Where the Client holds a Hire Agreement with the Company for a term /duration of less than six (6) month, the Company reserves the right to adjust and/or cancel a kitchen booking at any time with little or no notice.

• Refunds of any kind that may be payable will be processed and paid strictly in accordance with the Clients Hire Agreement Terms as set out in Item 4 in this Agreement and the Terms and Conditions set out in Appendices 1 and 2 to this Agreement.

6. Client Covenants

 

• The Client agrees to ensure:

1. It WILL NOT carry on any activity at The Training Kitchen premises and/or within the allocated Kitchen and facilities which is dangerous, noxious, offensive, illegal, noisy or objectionable.
2. It WILL NOT allow The Training Kitchen premises and/or the allocated Kitchen and facilities to be used for any purpose other than that for which it is designed.
3. It WILL vacate The Training Kitchen premises and/or the allocated Kitchen and facilities at the conclusion of the hire time as set out in this Agreement.
4. It WILL NOT bring into The Training Kitchen premises and/or the allocated Kitchen and facilities any heavy equipment or machinery without the prior written consent of the Company.
5. It WILL NOT transfer or sub-let any right of the Client as set out in the Clients signed Hire Agreement to another person, business or organisation.
6. It WILL remove from The Training Kitchen premises and/or the allocated Kitchen and facilities all equipment brought into The Training Kitchen premises and/or the allocated Kitchen and facilities by the Client or their representative, and

1. WILL ensure that on the removal of any equipment brought into The Training Kitchen premises and/or the allocated Kitchen and facilities by the Client or their representative the Client will make good any damage, wear and/or tear caused by the use and/or removal
2. It WILL be responsible for the conduct and behaviour of all employees, agents, individuals, students and other invitees of the Client.
3. It WILL comply with any general information, reasonable instructions and requests made by the Manager of The Training Kitchen or their Company representative (not inconsistent with this Agreement) to the Client; and
4. WILL comply with the Company policies, procedures, rules, and with the provisions all relevant and applicable legislation, regulations, Codes of Practice and Guidelines.

7. Indemnity

 

• The Client indemnifies and keeps indemnified the Company against:

1. all losses, expenses, liabilities, claims, and damages incurred as a result of or arising out of the hiring of The Training Kitchen premises, Kitchens and its facilities caused by any act or omission of the Client, its servants, agents or invitees; and
2. all losses, expenses, liabilities, claims, and damages incurred as a result of the Client ’s
3. breach of any such legislation, rules, or regulations applicable to the Client.

• The Client agrees to indemnify the Company against loss or damage it suffers if the Client, or a person admitted into The Training Kitchen premises, Kitchens and/or facilities during the Clients period of Hire (except the Clients employees and students):

1. damages or destroys any property
2. injures any person; and/or
3. fails to observe any of the Client’s obligations under this Agreement.

8. Insurance

 

• PIOR to access being permitted into the Company’s premises, an allocated Kitchen or its facilities, the Client must provide evidence the Company by way of a “Certificate of Currency” or equivalent document (in the Clients Name) that confirms the Client Holds relevant and current public liability Insurance which must remain current for the entire duration of the Clients signed Hire Agreement and as set out in the Agreement Appendices/Terms of Hire.

• The Clients public liability insurance must include an additional rider to confirm that the Client is insured when accessing and using their License as set out in the signed Hire Agreement with the Company for an amount not less than $20 million and must be in place prior to the Client accessing and/or using The Training Kitchen premises, Kitchens and/or facilities.

• The Client is requested to provide the Company a copy of their current Certificate of Currency showing the required level of Public Liability Insurance is held. The Client is to submit their Certificate of Currency to the Company along with the completed and signed Hire Agreement and Kitchen Hire Application form, such details of the Clients insurance arrangement are required to be inserted in Item 8 of the Clients Hire Particulars to this Agreement.

9. Publicity

 

• Unless otherwise agreed, the Client shall not make any statement in any advertisement which directly or indirectly implies the use for which The Training Kitchens are hired, available or promoted by the Company.

• The Client shall not display any poster or advertisement in any part of The Training Kitchen premises, Kitchens and facilities without having first obtained the written approval of the Company.

10. Cleaning

 

• The Company has taken every measure to provide to the Client with a Food Safe, hygienic clean working facility and environment and therefore cleanliness is vital to the success of the Company’s and the Clients business.

• The Client agrees to ensure The Training Kitchen premises, Kitchens and facilities are maintained and cleaned by their employees and/or students on every occasion the Client has accessed and/or used The Training Kitchen premises, allocated Kitchen/s, equipment and facilities including:
• toilets and change rooms are to be left clean and tidy with all rubbish placed in the bins provided and excess waste removed from site:

1. Kitchen dry goods area and cool room are to be cleaned including washing, drying and putting away dishes, food covered and labelled and dated correctly
2. catering equipment such as trays and utensils are the responsibility of the Client; and
3. the Company will not be responsible for items left in rooms or Kitchens.

• Failure to follow the procedures, information and instructions provided during the initial induction session and Kitchen documentation provided (and available on request) regarding the usage and close down procedures for the Kitchens at any stage will be considered a breach of this Agreement and will be communicated immediately for rectification by the Company (in person, via email and/or text and telephone/mobile). Any damage liability or costs attributed to this breach will be incurred and paid for by the Client and may lead to a refusal of any further hire bookings or requests.

• The Company has the right to impose a cleaning fee on the Client should the Client’s cleaning procedures and standards not be adhered to during the Clients Kitchen operations and activities during the agreed Hire Term of the signed Hire Agreement. Please refer to non-compliant fees and charges for further information.

11. Maintenance and Good Practice

 

• The Client is responsible to ensuring their staff, employees, students, visitors and guests demonstrate and maintain good order in and around The Training Kitchen premises, Kitchens and facilities during their authorised access and activities during the Hire Term and shall take all reasonable steps to ensure that all persons admitted to The Training Kitchen premises, Kitchens and facilities during the Hire Term observe these same standards and obligations.

• The Client will ensure their staff, employees, students, visitors and guests comply with any and all reasonable instruction and/or requests made by any Company representative regarding the maintenance of good practice and/or procedures and compliance standards within and around The Training Kitchen premises, Kitchens and facilities.

12. Alterations to Kitchen Areas and Equipment

 

• The Client is responsible for ensuring The Training Kitchen premises, Kitchens and facilities are correctly cleaned, and left tidy at the conclusion of each Hire shift and/or Hire session. In circumstances where this has not been completed as required by the Client to a satisfactory standard (according to the Company and the industry in general), the Company may, at the expense of the Client, carry out such cleaning and/or other work as may be required to restore, correctly clean, and tidy The Training Kitchen premises, Kitchens and facilities to a satisfactory condition.

• Excepting fair wear and tear, the Client shall be liable to the Company for any damage to The Training Kitchen premises, Kitchen areas, any fittings, equipment, furniture, carpets or other property within the facilities which occurs during the Clients Hire shifts, sessions terms.

• The Client is not to set up or dismantling any Kitchen equipment within The Training Kitchen premises, Kitchen and facilities without having and authorised and qualified representative from the Company present to supervise such activities.

13. Liquor, Refreshments, Smoking

 

• The Training Kitchen is not a license venue and therefore, the Client shall not drink or sell liquor anywhere within The Training Kitchen premises, Kitchen and facilities. Clients may submit a written request to The Training Kitchen seeking permission by exception to support the using of some alcohol in small amounts being stored and/or used within the Kitchen areas for cooking and/or training purposes ONLY. In the event approval is given, the Client shall abide by any all conditions imposed by the Company.

• Smoking within The Training Kitchen premises, Kitchen and facilities is strictly prohibited. The Client must ensure that:
  1. smoking occurs only in designated smoking areas outside of The Training Kitchen premises and not within 3 meters of the building doorways, windows and vents; and
  2. drugs are not permitted on the premises at all times.

14. Security

 

• The Training Kitchen premises inside and outside is monitored via a complex offsite security video system (24/7) with access in and out of the premises also managed and monitored 24/7 via a swipe card system which records the details and video footage of all entering and exiting activities.

• Clients will be issued a limited number of security access swipe cards which will only be able to use during the Clients set Hire Shift/s and Hire Durations. Lost and damaged card are available via written request to the Manager, The Training Kitchen as a cost per additional card. Please refer to the Hire Fees and Charges for further information.

• The Client acknowledges and agrees that:

1. Authorised staff and representatives from the Company may be in attendance in and around The Training Kitchen premises during the Clients scheduled Hire shifts/Term.
2. Authorised staff and representatives from the Company have the authority to eject a person or persons from or refuse entry to The Training Kitchen premises, Kitchen and facilities or terminate an activity if, in his/her reasonable judgement, the person or persons are not adhering to the terms and conditions of the Clients Agreement or The Training Kitchen are being used for a purpose other than that specified in this Hire Agreement.
3. If required by the Client, the Company may at the Clients expense provide additional security for The Training Kitchen premises.
4. Unlocked doors – Leaving any door unlocked and/or open poses a significant risk to the security and safety of all users of the Company’s premises and Kitchens and a major threat to the Company and its Clients livelihood and business and cannot be seen as acceptable.
5. Where the Client (or their staff, employees, students, visitors and guests) has left any door/s unlocked and/or left open (or ajar) for example, a fridge/freezer/entry/exit/ side/garage or roller doors, the Client will be issued a breach notice and incur a breach of Terms and Conditions fee of $1,000 payable within seven (7) days of the Company issuing the written notice.
6. Gas equipment – Failing to TURN OFF …. leaving any gas stoves or oven and pilot lights on will incur a breech fee of $1,000. This is a significant safety issue and has the potential to cause devastating injuries, death and damage to property and equipment damage.
7. Where the Client (or their staff, employees, students, visitors and guests) has been found to have failed to turn off … has left any gas stoves or oven and pilot lights on (alight!), the Client will be issued a breach notice and incur a breach of Terms and Conditions fee of $1000 payable within seven (7 ) days of the Company issuing the written notice.

15. Equipment Maintenance and Repairs:

 

• Absolutely no equipment belonging to The Training Kitchen is to be taken off site.

• Whilst the Client is accessing and using equipment and/or utensils within The Training Kitchen premises, and damage occurs that renders any equipment and/or item/s unusable, The Client is responsible for the costs incurred by The Company for having the equipment and/or Items repair or replacement. The Company will notify the Client in writing and issue an invoice as soon as practicable to ensure the Kitchen can remain serviceable and operational for all clients and the Company.

• Any equipment that is brought onto the premises must be clearly labelled as the Clients property.

16. Food Stuff

 

• It is the responsibility of the Client to ensure that the dry goods area, cool room space and the workspaces is KEPT CLEAN AT ALL TIMES. All Dry goods all to be stored in sealed containers, this is to prevent cross contamination of foodstuffs and products becoming rancid. Poor and Non-compliant storage practices of dry goods encourage pests, vermin and insects – which the Company strives to prevent and eliminate.

• The Client is responsible for providing their own necessary foodstuffs and therefore must also provide and store their foodstuff in appropriate (sealed) containers. Where the Client has failed to appropriately and safely store their foodstuffs within The Training Kitchen premises and/or allocated Kitchen area, The Company may, at the Clients cost take appropriate step to have the  foodstuff of concern to be disposed of and to seek the services of an appropriate pest controller and the costs will be invoiced and incurred by the Client.

• The Company will NOT provide any of the following to Clients:

1. Foodstuffs
2. Cooking
3. Seasonings
4. Food gloves
5. Plastic wrap (glad wrap)
6. Alfoil
7. Tea Towels
8. Chux

• At the conclusion/ending of their Hire Term and/or Hire Agreement, Client will have seven (7) days to collect or dispose of all/any of the foodstuffs and/or products and items from within The Training Kitchen premises, Kitchen/s and facilities – this includes refrigerated, or not, utensils and clothing etc  – after the seven(7) days, they will be disposed of.

• All Clients are to follow the FoodSafe and HACCP guidelines where applicable and practicable.

17. Deliveries

 

• The Company is not responsible for receiving or checking deliveries on behalf of Clients and will not take any responsibility for incorrect deliveries. Client should ensure a nominate representative is at hand to receive or return any goods.

• If the Company or its representatives are required to facilitate any deliveries on behalf of the Client, The Client will incur a $50 fee.

18. Parking

 

• The Training Kitchen is situated in a business strata title and the Client is to comply with all strata by- laws (including any by-laws regarding parking).

• Parking is restricted to marked parking bays. A parking map will be provided to each Client with their signed Hire Agreement. It is the Client’s responsibility to ensure that their staff, employees, students, visitors and guests comply with the parking restrictions.

• Should any of these designated bays not be available you may be required to park offsite at your own risk.

• Clients staff, employees, students, visitors and guests are not permitted to park on the grassed areas at The Training Kitchen Premises.

19. Utilities

 

• The Company has included the cost of reasonable usage of utilities – such as water, power and gas as part of the Hire Fee in this Hire Agreement. Where the Client has been deemed to have unnecessary or excessive usage of these utilities, then the Company reserves the rights to on charge these costs.

20. Work Health & Safety

 

• Dress Code

 

It is the Client ’s responsibility to ensure that all persons using The Training Kitchen and its facilities are appropriately dressed either in uniform and neat clean clothing and in enclosed footwear to meet work safe requirements.

• Security

For the personal safety of all The Training Kitchen Clients and their equipment please note that The Training Kitchen has 24/7 closed circuit TV (‘CCTV’) camera coverage that is recorded, monitored and stored and this is maintained by the Company.

By entering into this Hire Agreement, the Client consents to the use of CCTV within The Training Kitchen, allocated Kitchen/s and Facilities.

The Training Kitchen provides Pin Code and Swipe Card entry and exit access, and Clients are required to use the Swipe Card to exit the facilities to verifying the Client hire hours and shift.  Failure to use the Swipe Card/ or to notify the Manager when leaving the Kitchen will result in an additional 4 hour hire charge fee.

• Food

The Client must follow FoodSafe guidelines.

Where possible dangerous situations or poor behaviour is sighted within The Training Kitchen premises, the Company reserves the right to shut The Training Kitchen premises, allocated Kitchen and any operations down.

If it be deemed that any person on the premises is intoxicated and is a danger to themselves or others then it is the Client’s right to escort the said person from the premises immediately.

Should any damage or loss of income occur as a result of the above then The Clients Security Fee will be forfeited.

• Theft

The taking of other Client’s and Kitchen user’s goods, equipment, utensils and foodstuffs etc without permission will be treated as theft and will be dealt with by the Company in a serious manner with all such incidents being reported to the police.

The Client agrees to the following:

1. Where the Client (or any person invited by the Client) is caught stealing from other people’s property (be it dry goods, cool store, equipment or personal items) they will be evicted from The Training Kitchen premises immediately and the Company reported to the police.
2. Where a Client is found to be using another Client of The Training Kitchen’s property without that Clients permission – for example: foodstuffs, utensils, goods (dry goods or cool room goods) and equipment the identified Client will be deemed to be in breach of their Hire Agreement and as a result, may have their Hire Agreement immediate termination by the Company.

• First Aid

Clients, at their own cost, are responsible ensuring hey have a fully equipped first aid kit available and on location whenever the Clients are accessing and using The Training Kitchen, allocated Kitchen area and facilities. 

• Incident Report

The Client acknowledges and agree that any accidents, burns and cuts requiring hospitalisation, major  damage or equipment malfunction must be reported immediately to the Manager of The Training Kitchen and via the completion of a client produced Incident Report Form – which are also available from the internet or on request from the Manager, The Training Kitchen (which is to be obtained from the Company).

A copy of all incident report forms must be provided to the Manager of The Training Kitchen within 48 hours of the reportable incident.

21. Non-compliant Fees and Charges

 

• The Company has the absolute discretion to charge non-compliant fees and charges to rectify the following breaches by the Client to relevant Terms and/or Conditions as set out in the Clients signed Hire Agreement including, but not limited to:
  1. Cleaning:
     • If the Clients allocated Kitchen and The Training Kitchen premises is not cleaned properly according to the Close Down Procedures a breach of $100 for non-compliance will be charged to the Client.
     • Items that will be monitored include:
       • Dry goods
     • Spillages, open containers
     • Mess on and around the Client’s designated shelving area
     • Unlabeled food stuffs
       • Cool room
     • Unwrapped foods
     • Spillages not mopped up
     • Food dropped on the floor
     • Food not correctly labelled and dated
       • Main Kitchen
     • Benches not cleaned properly, top and bottom
     • Sinks not cleaned properly
     • Floor not cleaned properly
     • Ovens cleaned of spillage
     • Burner tops not wiped down
       • Rubbish bins
     • Bags not sealed/tied properly and disposed of in the large GENERAL WASTE outdoor green bin
     • Kitchen bins cleaned/washed
     • Cardboard not flattened / put in ‘Cardboard Only’ waste bins
       • Herb Garden / Break out area
     • Table and outside area to be left clean
       1. Careless/Reckless Damage
          • Any careless or reckless damage (captured on CCTV) caused will be investigated and actions will be taken to recover costs.
          • This includes:
            • Avoidable dents/scratches.
            • Broken equipment due to carelessness or recklessness.
            • Rough handling of equipment or misuse.
            • General lack of respect for Kitchen facilities.

The Client must note or record (by way or photos or videos) any non- compliance from a  previous Client and inform the Company /Representative immediately.

The Client   shall inform all staff and guests to be careful and respectful of The Training Kitchen and equipment and have respect for the other Clients.

22. Termination
    • This Agreement terminates on the expiration of the Hire Term.

• The Company may terminate this Agreement immediately upon giving notice to the Client if:
  1. the Client breaches any material provision of this Agreement the Client substantially alters the purpose for which The Training Kitchen is hired without the prior written consent of the Company; or
  2. the Company becomes aware of conditions under which the holding of the function for which The Training Kitchen and its facilities is hired could jeopardize public safety or order or involve an unacceptable risk of personal injury or damage to the property.

• Upon termination of this Agreement under clause 1 or clause 22.2, the Client agrees to:
  1. remove from The Training Kitchen all equipment, items and goods brought by the Client to The Training Kitchen; and
  2. leave The Training Kitchen in the same condition as they were in immediately before the Client first gained access to The Training Kitchen as at the commencement of the Hire Term.

• Where the Client fails to comply with clause 3, the Company may at its absolute discretion, charge a fee of $500.00 per day for the period commencing on the first day following the termination of this Hire Agreement and ending on the date on which all equipment, items and goods brought by the Client have been removed from The Training Kitchen premises and made good as per clause 22.3. By entering into this Hire Agreement, the Client  has agreed to pay the fee specified in this clause 22.4.

23. Warranty
    • The Company gives no warranty that The Training Kitchen will be suitable for the purpose for which it is intended to be hired by the Client and the Company will not be liable to the Client for any loss suffered by the Client as a consequence of the venue proving not to be adequate for the Client’s purposes.

• It is understood and agreed that the Company will have no liability to the Client or any other party for loss or damage (whether direct, indirect, or consequential) which may arise from the use of The Training Kitchen and its facilities.

• This Agreement does not, and is not intended to, confer any rights or remedies upon any person other than the parties

24. Waiver
    • In no event shall any delay, neglect or forbearance on the part of any party in enforcing any provision of this Agreement be, or be deemed to be, a waiver thereof or a waiver of any other provision or shall in any way prejudice any right of that party under this Agreement.

25. Assignment
    • This Agreement is solely between the Company and Client. The Client shall not assign its rights under this Agreement.

26. Governing Law
    • This Agreement will be governed by and construed and interpreted in accordance with the laws of Western Australia.

27. Interpretation and Effect
    • In this Agreement unless the context otherwise requires:
      1. a reference to a party includes that party’s executors, administrators, successors and permitted assigns
      2. the singular includes the plural and vice versa and any gender includes any other gender
      3. headings are for convenience only and do not affect the interpretation of this Agreement
      4. representations, agreements, covenants, obligations or warranties, express or implied, by more than one person shall include those persons jointly and each of them severally
      5. every provision, express or implied, which applies to more than one person shall apply to those persons jointly and each of them severally
      6. a reference to the Particulars is to the Particulars at the forefront of this Agreement; a reference to a Schedule is to a Schedule to this Agreement; a reference to a part, clause or other subclause is a reference to a part, clause or other sub-clause in this Agreement
      7. the words “includes”, “including” or “such as” are not words of limitation, and when introducing an example, do not limit the meaning of the words to which the example relates to examples of a similar kind.
      8. “person” means an individual, corporation, government or governmental agency, estate, trust, partnership, association or other legal or commercial entity or undertaking; and
      9. money is to Australian dollars, unless otherwise stated.

• Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

• Any reference to this Agreement means and includes the recitals, particulars, schedules and Appendices to this Agreement, which are deemed to form part thereof.

• The Recitals is incorporated in and forms part of this Agreement as amended. Each of the parties to this Agreement hereby covenant and agree to execute, complete, deliver, make and do all such other assurances, documents, instruments, notices, acts and things as may be necessary or required for effectually carrying out the terms of this Agreement.

28. Definitions

• Headings in the Particulars define the respective persons or things.

• For convenience, the first letters of words and expressions defined in this Agreement are indicated by capital letters, but the absence of a capital letter shall not alone imply that the word or phrase is used with a meaning different from that given by its definition.