General Terms and Conditions for Hire of the Centre (April 2013, updated listing pending, and is available on request)
1 Bookings are only accepted on these Terms and Conditions
2 The person signing the Hire Agreement must be over 18 years of age and, in the case of an organisation, must have the authority to enter into a hiring agreement with The Centre. The signatory is deemed to have responsibility on behalf of his/her organisation for complying with these conditions of hire, whether or not they are personally overseeing the group. The Hirer is responsible for informing anyone acting on their behalf, or otherwise overseeing the group, of their responsibilities under this agreement.
3 The Centre reserves the right to reject bookings at The Centre’s sole discretion if it considers that the event is, or is likely to be, in any way obscene, sexist, homophobic, racist, offensive, controversial or sensitive in any way or which may breach community cohesion and/or the practices of The Centre.
4 Bookings may be made up to 12 months in advance.
5 All bookings are provisional until The Centre receives the signed Hire Agreement along with any required payment for the first session/one off session. If these are not received within 14 days from the date of issue, The Centre reserves the right to re-hire the facilities without reference.
6 Bookings may be cancelled without charge on not less than28 days’ notice. Thereafter, any booking that is cancelled will be charged at the agreed hire rate. In the event of the booking being cancelled by The Centre all monies will be refunded to the Hirer.
7 Use of Premises. The premises may only be used by the Hirer for the purposes and during the period indicated on the Hire Agreement. The Hirer must ensure that, other than for access, only that part of the building which has been hired is used. No other area of the premises may be occupied unless previously agreed in writing. The hiring does not entitle the Hirer, or anyone on his or her behalf, to enter the premises at any time other than the specific hours for which the premise have been hired. The Hirer shall not sub-let, the premises, nor use them for any unlawful purposes or in any unlawful way, or do anything, or bring onto the premises anything, which may endanger the users, the premises or contravene any insurance. A copy of any current policy or policies of insurance can be inspected by the Hirer on application to the Trustees and the Hirer shall be deemed to have had notice of the contents of such policy or policies.
8 Young persons under the age of 18 years and/or vulnerable adults. Hirers who wish to arrange activities for young persons under the age of 18 years, or vulnerable adults, must be fully aware of their responsibilities for protecting children / vulnerable adults during the event. The Hirer must have sound policies in respect of safeguarding which must comply with The Centre’s own policies. These are available on request. We may seek evidence of qualifications, evidence of Disclosure and Barring Service (DBS) compliance, membership of professional body or personal/professional references for any individual providing any kind of service or therapy. The Hirer will indemnify The Centre and its Trustees against any loss or liability they may incur as a result of any failure to observe these requirements.
9 Care of Premises. The Hirer shall, during the whole period of hiring, be responsible for the care of the premises, its fabric and contents, and the behaviour of all persons of whatever capacity. No bicycles, skateboards, roller skates and the like are to be used in the building. No ball games should be played. All tables must be protected against anything likely to mark and must be cleaned before putting away. No nails, tacks, screws or the like shall be driven into or attached to any part of the premises. Tables and any heavy objects should be carried, not dragged. All rooms must be returned to their default set up – this means tables and chairs must be cleaned and put away as per this set up. Photos of the set up are in each hire space. We may apply a clear away charge to any room setting not returned to its default set up.
10 Good Order and Supervision. The Hirer shall be responsible for ensuring that good order is kept and that a proper number of attendants and stewards for the supervision of persons attending the hiring, and the protection of the premises, is maintained at all times. For parties of more than 30 people, the Hirer must nominate two responsible stewards who must be readily identified as such. A returnable deposit of £100.00 is required for party/celebration events against any costs resulting from the hiring such as damage, repair or extra cleaning.
11 Damage and Loss. Any damage must be reported within 24 hours of the event. The Hirer shall indemnify the Trustees of The Centre against any costs, claims or other losses resulting from, or during, the hiring. The Hirer shall immediately make good at their expense any physical damage caused to the premises or other property of The Centre within two days of the occurrence. If the Hirer fails to do so, the Trustees reserve the right to make good such damage at the expense of the Hirer.
12 Clearing up. At the end of hiring, the Hirer shall leave the premises in a clean and orderly state. No items may be left on the premises unless in pre-hired storage cupboards or with written permission. Cleaning materials can be found in the cleaning cupboard in the internal lobby by the toilets. All rubbish must be placed in the outside wheelie bins. All glass must be completely removed from The Centre. Any furniture which has been moved must be replaced to their default positions (see room setting photographs in the User’s Guide and in each hire space). The Hirer is responsible for all washing up. Please note we do not have cleaners that clean after events. We will apply a surcharge if the Hirer has failed to leave the premises in a suitable clean condition.
13 Alcohol may only be supplied on the premises during a public event with the appropriate licence which must be displayed where drinks are served. Failure to obtain and display the licence will be a fundamental breach of this Agreement and the Hirer must indemnify the Trustees from and against any liability they may incur as a result of such failure. A copy of the licence must be supplied to us within 14 days of the event taking place.
14 At the end of the hiring, the Hirer must ensure that all windows and doors are closed and made secure, that all lights are switched off and that the premises are locked. All hirings are to finish at 11pm to allow adequate time to clear premises and leave by 11:30pm (10.30/11pm on Sundays) unless the appropriate licence has been obtained to allow for a later finish. The Hirer shall ensure all users leave the hall and the area in an orderly and quiet manner. At our discretion, we may make a charge for late vacation.
15 Keys must not be copied. We can supply any additional keys needed.
16 Right of Entry. The Trustees, employees of BECT, officers of the Borough Council, police officers and fire-service personnel and appliances shall be allowed free access to the building at any time, and may terminate without compensation any hiring not properly conducted. The Trustees reserve the right to intervene in proceedings should it be found that the conditions are not being observed.
17 The Fire Regulations and Emergency Procedures are posted in the halls and must be obeyed at all times. All fire exits and extinguishers must be kept clear at all times. No exits shall be blocked, nor chairs or obstructions placed in passageways, nor fire appliances moved or tampered with. The front door must remain unlocked when the building is in use. The maximum numbers who may use the building is 100. Smoking is not allowed in any part of the building or its grounds - smokers must move away from the front of the building and all cigarettes must be extinguished in the wall mounted box at the front of the building. All plug in electrical equipment used in the premises must be Portable Appliance Tested (PAT). No naked flames are allowed. We may permit the use of candles for certain events; permission must be obtained in advance of the event. Any item that emits smoke will trigger the fire alarm. The Hirer must notify us of any fire alarm activation, even if a false alarm. The Hirer agrees to act as fire warden for their group and is responsible for familiarising themselves with the fire
procedures and for ensuring that they are followed. They are responsible for undertaking a roll call of their group should there be a need for evacuation. The Hirer may delegate this responsibility to a named person overseeing the group and this must be noted on the Hire Agreement.
18 Risk Management. Hirers are responsible for assessing the risk of their own individual activity at the premises.
19 Insurance. The Hirer agrees that The Centre/BECT shall not be responsible for injury or loss to person or property arising out of the use of the accommodation apart from any injury or loss that arises from the Trustees’ negligence in carrying out the general maintenance of the premises. The Hirer will keep the Trustees fully indemnified against any claim for which the Trustees are not responsible. The Hirer shall be responsible for making arrangements to insure against any third party claim against them and/or their organisation whilst using the premises and its facilities.
20 Hiring Charges. In the case of long term hirings, or when there is exceptional additional expense, the Trustees reserve the right to raise the hiring charge on not less than 28 days notice before the hiring.
21 Force Majeure. An event of “Force Majeure” means an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, draught, lightening or fire, strike, lock out or trade dispute, acts or omissions of government or any other quasi governmental organisation, any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, acts of terrorism or riot delay or failure in the manufacture, production or supply by any third party of equipment or services. If, as a result of a Force Majeure event, The Centre is unable to honour any hiring, then it shall not be deemed to be in breach of this Agreement or otherwise liable to the Hirer for any losses it may suffer.
22 Third Parties. None of the terms of this agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it
Applicable law These Conditions are governed by, and shall be construed in accordance with, the laws of England and Wales
T & C reviewed March 2013