Fitness in Council Open Space

1.1 The Permit Holder is permitted to undertake the Permitted Activity at the Location during the Permit Period only.

1.2 When conducting the Permitted Activity, the Permit Holder must not use any:

(a) whistles, megaphones, amplified music or amplified audio (voice) equipment;
(b) portable lighting; or
(c) part of the Location that:

(i) has been declared as culturally, environmentally or naturally significant;
(ii) is a memorial or historical site;
(iii) is a declared dog off-lead area;
(iv) has been closed (temporarily or permanently) by Council;
(v) is a stairway;
(vi) has any trees, play equipment, outdoor fitness equipment, park furniture, or other building or structure located upon it; or
(vii) is within 20 metres of any neighbouring residential property.

1.3 Any footpaths, bike paths or shared paths at the Location must not be used to conduct any stationary exercises and may only be used for exercises which involve continuous movement (e.g. running and walking).

The Permit Holder acknowledges that this Permit only authorises the Permit Holder’s to conduct fitness training for commercial gain at a Council reserve, and that the Permit Holder may need to obtain other permits or consents from Council, such as a Planning Permit under the Planning and Environment Act 1987 to display signage in connection with the Permitted Activity, or a casual ground booking to use any sports field, court or oval at the Location.

3.1 Prior to each training session, the Permit Holder must undertake a safety inspection at the Location and must immediately notify Council of any hazards or risks identified during this inspection.
3.2 The Permit Holder must, as soon as is reasonably practicable in the circumstances, notify Council of any incident, accident, injury, damage or loss that occurs at the Location while conducting the Permitted Activity.
3.3 The Permit Holder must not do or allow anything to be done while conducting the Permitted Activity which, in the opinion of Council, may be a risk to any person or property.

4.1 The Permit Holder must not damage, remove or otherwise interfere with Council’s property or assets at the Location.  The Permit Holder is responsible for all costs associated with the repair or replacement of any Council property or assets.
4.2 The Permit Holder must ensure that at the end of each training session and at the end of the Permit Period, the Location and vicinity are left clean and tidy with all rubbish and materials removed, free from damage and all non-Council items and equipment associated with the Permitted Activity have been removed (‘reinstatement’).
4.3 Where the reinstatement of the Location is not to the satisfaction of Council, Council will advise the Permit Holder of the further reinstatement required and the time period for completion.  If such reinstatement does not occur within the time specified, Council will undertake the reinstatement at the Permit Holder’s cost.  Any non-Council items and equipment not removed by the time specified will be treated as abandoned and will be disposed of as Council sees fit.

5.1 At all times during the Permit Period, the Permit Holder must:

(a) hold the relevant qualifications from a registered training body to deliver the Permitted Activity;
(b) have a current Level 2 First Aid qualification, or equivalent workplace first aid certificate; and
(c) be registered with a fitness registration body or industry association (e.g. Fitness Australia, VicFit or equivalent).

5.2 The Permit Holder must provide copies of the qualifications and registrations as specified in condition 5.1 on Council’s request.

6.1 The Permit Holder must complete and submit a Return to Play Plan from Sport and Recreation Victoria for Council’s approval prior to commencing the Permitted Activity.
6.2 The Permit Holder acknowledges and agrees that Council may require the Return to Play Plan to be amended or resubmitted prior to approval.
6.3 The Permit Holder must comply with the approved Return to Play Plan at all times when undertaking the Permitted Activity.

7.1 The Permit Holder must hold and maintain the following insurances for the duration of the Permit Period:

(a) public liability insurance in a minimum sum of $10 million per single event; and
(b) professional indemnity insurance in a minimum sum of $5 million per single event.

7.2 The Permit Holder must provide a copy of the certificate of currency for the insurances specified in condition 7.1 on Council’s request.

8.1 The Permit Holder undertakes the Permitted Activity at the Location entirely at their own risk.
8.2 To the extent permitted by law, Council accepts no responsibility for any loss, damage, claim or expense suffered, including property loss or damage, personal injury or death, arising from the Permitted Activity.

The Permit Holder agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors (‘Council’) against any action, claim, demand, cost (including legal costs) or other liability claimed against or incurred by Council in respect of any accident, damage, injury or loss arising from the Permit Holder’s activity at or occupation of the Location and the Permit Holder’s compliance or purported compliance with these Commercial Fitness Providers Permit Conditions.
 

In the event of a breach of these Permit Conditions, Council may, acting in its entire discretion, opt to serve the Permit Holder with a Notice to Comply or revoke the Permit.

Council may correct, amend or cancel this Permit in accordance with the Community Amenity Local Law 2015.

The Permit Holder must:

12.1 ensure the Permitted Activity does not adversely impact surrounding residents or the public;
12.2 allow Council staff, its contractors, persons authorised by Council and emergency services access to the Location at any time during the Permit Period;
12.3 follow all directions of Council staff in relation to the Permitted Activity;
12.4 follow all directions of emergency services;
12.5 not transfer this permit to a third party;
12.6 advise Council of any changes which may affect the Permitted Activity;
12.7 comply with all laws, regulations, rules and Council policies, including, without limitation, Council’s Community Amenity Local Law (2015) and Commercial Fitness Providers Using Council Open Space Policy 2016; and
12.8 produce a copy of this Permit on request by a member of Council staff or Victoria Police.