RENT-A- CHAIR TERMS & CONDITIONS

1.     SCHEDULE

 

Item 1 /  Licensor’s Business : Amy Clare Hair Pty Ltd T/AS Richfield Hairdressing

Item 2 / Premises: 7A Lawrence Street, Freshwater NSW 2096

Item 3 / Permitted use: Hairdressing

Item 4 / Term: Each booking for a chair constitutes the term

Item 5 / Commencement Date: Commences on the first booking made by the Licensee

Item 6 / Licence Fee: $200 (excl. GST) per day – Sun to Wed, $250 (excl. GST) per day – Thurs to Sat, $800 (excl. GST) per week or $25 (excl. GST) per hour anyway.

Item 7/ Licensee’s Business: Business name specified at the time of booking

Item 8 / Days and Hours of Work: Monday – Sunday 8am – 9pm

 

2.     DEFINITIONS

 

“Agreement” means these Rent-a-Chair Terms and Conditions.

“Licensor’s Business” means the business described in Item 1 of the Schedule.

“Commencement Date” means the date specified in Item 5 of the Schedule.

“Licence Fee” means the licence fee payable by the Licensee to the Licensor as set out in Item 6 of the Schedule.

“Licensee’s Business” means the business to be operated by the Licensee at the Premises and described in Item 7 of the Schedule.

“Premises” means the premises described in Item 2 of the Schedule.

“Schedule” means the schedule attached to the start of this Agreement.              

“Term” means the term described in Item 4 of the Schedule.

 

3. NATURE OF THE AGREEMENT

 

  • The Licensor warrants that they are authorised by the owner of the Premises to grant the Licensee a licence to use and occupy the Premises for the purpose of conducting the Licensee’s Business.[AR5] 

  • The Licensor, in consideration of the payment of the Licence Fee and the continued observance by the Licensee of the terms of this Agreement, grants to the Licensee the right to conduct the Licensee’s Business in the Premises, at the risk of the Licensee.

  • The Licensee expressly agrees and acknowledges that this Agreement is a licence only and that their rights under this Agreement are personal in nature, existing only in contract. The Licensee further agrees that this Agreement does not grant them exclusive possession of the Premises or any part thereof.

  • This licence does not create the relationship of partnership, landlord and tenant, employer and employee, principal and agent or principal and contractor between the parties. Any such implication or inference is hereby expressly negatived.

 

4.     TERM OF AGREEMENT

  • This Agreement is ongoing and active during bookings made by the licensee through the licensor’s booking system.

  • This agreement commences on the date the licensee makes their first booking of a chair, unless terminated earlier in accordance with this Agreement. 

5.     PREMISES

  • The Licensee acknowledges and understands that the Licensor occupies the Premises in accordance with a lease between the Licensor and the owner of the Premises. The Licensee agrees to indemnify the Licensor against any loss for any breach of the terms of the Lease which is attributable to the Licensee’s act or omission, whether negligent or otherwise.

6.     PERMITTED USE

  • The Licensee may only use and occupy the Premises for the purposes of delivering hairdressing services.

7.     ACCESS AND HOURS OF WORK

  • The Licensor will provide the Licensee with means to access the Premises on the Commencement Date. The Licensee must return the access device(s) to the Licensor on or before their last booking with the Licensor.

  • The Licensee can work from the Premises from 7am to 9pm on the days or weeks they have booked in the Licensor’s system. 

  • Should the Licensee wish to change their booked days or weeks for renting a chair, they must give the Licensor at least 48 hrs notice and will be subject to availability. 

  • For avoidance of doubt, the Licence Fee per day or week, is payable by the Licensee regardless of whether or not they actually accesses the Premises.

 

8.     SIGNAGE

  • The licensor will provide signage options to the Licensee for the purpose of advertising their business.

  • The Licensor may, in their absolute discretion, permit the Licensee to place advertising material in the window of the Premises, on an A-frame sign on the footpath outside the front of the Premises, and on signage spaces inside the salon.  

  • The Licensor may revoke signage permission at any time on notice to the Licensee.

 

9.     ASSIGNMENT

  • The Licensee cannot assign, sub-license or otherwise deal with this licence.[AR6] 

 

10.  INSURANCE

  • The Licensee must maintain public liability insurance of at least $20 million, workers compensation insurance as required by law and such other insurance as is required by the Licensor from time to time. The Licensee must produce copies of certificates of currency of such insurance within a reasonable time of any request by the Licensor.

 

11.  RISK

  • The risk of the Licensee’s Business lies solely with the Licensee and the Licensor is not liable for any loss or damage or injury, however caused, that the Licensee, their agents, employees, licensees, invitees or clients may suffer through the conduct of the Licensee’s Business or use of the Premises and the Licensee hereby indemnifies the Licensor against liability for any such loss damage or injury.

 

12.  OPERATING EXPENSES

  • The Licence Fee is inclusive of any outgoings attached to the Premises including electricity, gas, water, air conditioning, wifi and waste removal.

  • The Licensee is separately responsible for all other outgoings and consumables in relation to the Licensee’s Business, including but not limited to telephone, insurances, tax, internet, EFTPOS and payment facilities and labour hire.

 

13.  THE LICENSEE’S USE OF THE PREMISES AND ASSOCIATED OBLIGATIONS

 

The Licensee expressly agrees that:

  • The Licensee will operate the Licensee’s Business from the Premises in accordance with all applicable law;

  • The Licensee will not be an employee of the Licensor’s Business;

  • The Licensee will provide their own equipment, tools, products and other items required to operate the Licensee’s Business from the Premises (including their own appointment booking system and customer payment facilities, such as EFTPOS machines); 

  • The Licensee will maintain a clean and orderly workspace, free of material that may be considered offensive, inappropriate or dangerous for the Licensor’s Business environment (in the Licensor’s sole discretion);

  • The Licensee will use common facilities such as sinks, kitchens, bathrooms, communal equipment and storage in a respectful manner, ensuring that all persons on the Premises have reasonable opportunities to access the common facilities and ensuring that such areas are left clean and tidy after use;

  • The Licensee is solely responsible for their business’ clients and the conduct of any of their visitors whilst on the Premises, including any risk of injury whilst on the Premises. The Licensee must take reasonable steps to protect the Premises from damage and is liable to promptly repair or reimburse the Licensor for any damage caused to the Premises (in the Licensor’s sole discretion) by any person associated with the Licensee;   

  • The Licensee will, at all times whilst on the Premises, dress professionally and in a manner fitting of the atmosphere of the Licensor’s Business; 

  • The Licensee will, at all times whilst on the Premises, behave in a professional manner, ensuring no damage is done to the Licensor’s Business reputation as a result of the Licensee’s conduct; 

  • The Licensee will make all payments to the Licensor using their selected payment method using the Licensor’s booking system.

  • The Licensee will be liable to pay the Licence Fee to the Licensor in advance through the Licensor’s booking system, and payment will not be refunded at any time during the Term booked (for example if the Licensee is sick or on holiday and not using the Premises during the period booked).

  • If the Licensor permits the Licensee to store their equipment, tools, products and other business equipment at the Premises during the days and/or hours that Licensee is not operating their Business at the Premises, the Licensee must ensure that such equipment is stored in a neat and tidy manner and does not impede on any other person’s ability to use the Premises or any part thereof. If the Licensor requests, the Licensee must remove or reorganise their equipment as directed by the Licensor. If the Licensee does not comply with the Licensor’s request within a reasonable time, the Licensor may move or reorganise the equipment as they see fit, and such action will not amount to trespass or other interference with the Licensee’s property. 

 

14.  INCLUSIONS

The Licensor will provide to the Licensee:

  • Salon supplies: 

    • Towels, capes & aprons

    • Basin hair products from the retail range

    • Styling hair products from the retail range

    • Trolleys.

  • Weekly cleaning

  • Use of communal facilities: 

    • Reception area

    • Bathroom facilities

    • Wash basins

    • Colour mixing area

    • Washing machine 

    • Kitchenette facilities

    • Outside break area.

  • Marketing support (optional):

    • Regular product campaigns 

    • Monthly sNewsletter to clients

    • Stylists services and prices included in price list on front door and reception desk

    • Walk-in enquiries captured through enquiry form

    • Telephone client enquiries emailed to stylists

  • A dedicated appropriate workstation including a chair, side shelves, mirror, storage cupboard and electrical power points for the term of the booking.

  • Access to a wholesale store for stylists to purchase professional supplies as they need.

 

15.  DEFAULT

  • In the event that the Licensee breaches these terms and, where such breaches are capable of rectification, fails to rectify them after 7 days written notice to do so, then the Licensor may terminate the Licensee’s ability to continue to make bookings of chairs.

  • The Licensee must vacate the Premises leaving them in a state of repair commensurate with their condition at the commencement of the Term, fair wear and tear excepted. 

  • Any fixtures and fittings, plant and equipment belonging to the Licensee that have not been removed within 28 days of service of the notice of termination will become the Licensor’s property and may be disposed of as the Licensor deems fit in their absolute discretion, or otherwise in accordance with law. 

  • The Licensee will pay any money owing and comply with any other requirements under this licence and will make good any damage to the plant and equipment, fixtures and fittings belonging to the Licensor. 

  • The Licensee indemnifies the Licensor against all loss damage and injury suffered as a result of the breaches and termination.

 

16.  TERMINATION

  • The Licensor may terminate a Licensee’s ability to book chairs for any reason immediately on notice to the Licensee in writing.

  • The Licensee may terminate their ability to book chairs anytime. 

  • Termination does not impact on rights and obligations accrued up to the date of termination.

 

17.  DISPUTE RESOLUTION

  • If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

  • The party must inform the other party in writing of the following:

o   the nature of the dispute;

o   the outcome they desire to resolve the dispute, and

o   the action they believe will settle the dispute.

  • On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 14 Business Days.

  • If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of NSW appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, NSW, Australia.

  • This clause survives termination of this Agreement.

18.  NOTICES

  • A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

  • Delivered personally; or       

  • Posted to their address when it will be treated as having been received on the second Business Day after posting; or

  • Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.

19.  INTERPRETATION

  • This Agreement is governed by the law of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

  • In the interpretation of this Agreement:

    • References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

    • Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

    • Grammatical forms of defined words or phrases have corresponding meanings;

    • Parties must perform their obligations on the dates and times fixed by reference to NSW;

    • Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

    • If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;

    • References to a party are intended to bind their executors, administrators and permitted transferees; and

    • Obligations under this Agreement affecting more than one party bind them jointly and each of them severally.