Terms & Conditions
Standard Terms & Conditions of Hire
If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay. The term ‘We’ refers to Barton under Needwood Village Hall Committee. The term ‘You’ refers to the Hirer.
1.
Age
You, not being a person under 18 years of age, hereby accept responsibility for
being in charge of and on the premises at all times when the public are present
and for ensuring that all Standard Conditions under this Agreement relating to
management and supervision of the premises are met.
2.
Supervision
During the period of the hiring, you are responsible for:
(i)
supervision of the premises, the
fabric and the contents;
(ii)
care of the premises, safety from
damage however slight or change of any sort; and
(iii)
the behaviour of all persons using the
premises whatever their capacity, including proper supervision of car parking
arrangements so as to avoid obstruction of the highway.
As directed by us, you must make good or pay for all damage (including
accidental damage) to the premises or to the fixtures, fittings or contents and
for loss of contents.
3.
Use of premises
You must not use the premises (including the car park, if any) for any purpose
other than that described in the Agreement and must not sub-hire or use the
premises or allow the premises to be used for any unlawful or unsuitable purpose
or in any unlawful way nor do anything or bring on to the premises anything
which might endanger the premises or render invalid any insurance policies
covering the premises nor allow the consumption of alcohol without our written
permission.
You must not use the address of the premises for correspondence or to receive
deliveries of any kind.
4.
Insurance and indemnity
(i)
You are liable for:
a)
costs arising from
accidental and malicious loss or damage and for loss or damage arising out of
your negligence to any part of the premises including its curtilage or its
contents
b)
costs arising from
accidental and malicious loss or damage and for loss or damage arising out of
your negligence done to our WiFi service (if any)
c)
all claims, losses,
damages and costs made against or incurred by us, our employees, volunteers,
agents or invitees in respect of damage or loss of property or injury to persons
arising as a result of your use of the premises (including the storage of
equipment) and your use of our WiFi service (if any), and
a.
all claims, losses,
damages and costs made against or incurred by us as a result of any nuisance
caused to a third party as a result of your use of the premises and/or the use
of our WiFi service (if any), and subject to sub-clause 4(ii), you must
indemnify us against such liabilities.
(ii)
We will take out adequate insurance to
insure the liabilities described in sub-clauses 4(i)a) and 4(i)b) above and may,
in our discretion and in the case of non-commercial hirers, insure the
liabilities described in sub-clauses 4(i)c) and 4(i)d) above. We will claim on
our insurance for any liability you incur but you must indemnify us against:
a)
any insurance excess
incurred and
b)
the difference between
the amount of the liability and the monies we receive under the insurance
policy.
(iii)
Where we do not insure the liabilities
described in sub-clauses 4(i)c) and 4(i)d) above, you must take out adequate
insurance to insure such liability and on demand must produce the policy and
current receipt or other evidence of cover to our Hall Secretary. If you fail to
produce such policy and evidence of cover, we will cancel this Agreement and
re-hire the premises to another hirer.
We are insured against any claims arising out of our own negligence.
5.
Gaming, betting and lotteries
You must ensure that nothing is done on or in relation to the premises in
contravention of the law relating to gaming, betting and lotteries.
6.
Music Copyright licensing
The hall has a licence:
with the Performing Right Society (PRS) for the performance of copyright music
from Phonographic Performance Licence (PPL).
7.
We do not have a Premises Licence
authorising the sale of alcohol. You
are responsible for obtaining a Temporary Event Licence (TEN) should one be
necessary.
8.
Music
You must have our written permission for performance of live music and the
playing of recorded music under the Deregulation Act 2015.
This Agreement confers that permission.
9.
Film
You must restrict children from viewing age-restricted films classified
according to the recommendations of the British Board of Film Classification.
You must ensure that you have the appropriate copyright licences for film.
This Agreement confers the required permission on you. (The Deregulation
Act 2015 requires you to have our written permission to show a film).
10.
Safeguarding children, young
people and adults at risk
You must ensure that any activities for
children, young people and vulnerable adults are only provided by fit and proper
persons in accordance with the
Children Act 1989 and
2004, the
Safeguarding Vulnerable Groups Act 2006 and any
subsequent legislation. When
requested, you must provide us with a copy of your Safeguarding Policy and
evidence that you have carried out relevant checks through the Disclosure and
Barring Service (DBS).
All reasonable steps must be taken to prevent harm, and to respond appropriately
when harm does occur. Relevant
concerns must be reported.
11.
Public safety compliance
You must comply with all conditions and regulations made in respect of the
premises by the Local Authority, the Licensing Authority, and our fire risk
assessment or otherwise, particularly in connection with any event which
constitutes regulated entertainment, at which alcohol is sold or provided or
which is attended by children. You must also comply with our health and safety
policy.
You must call the Fire Service to any outbreak of fire, however slight, and give
details to our Hall Secretary.
(i)
You acknowledge that you have received
instruction in the following matters:
•
The action to be taken in
event of fire. This includes calling the Fire Brigade and evacuating the hall.
•
The location and use of
fire equipment. (Include diagram of location when handing over keys.)
•
Escape routes and the
need to keep them clear.
•
Ensure the external fire
exit doors are kept closed during your event
•
Method of operation of
escape door fastenings.
•
Appreciation of the
importance of any fire doors and of closing all fire doors at the time of a
fire.
•
Location of the first aid
box.
(ii)
In advance of any activity whether
regulated entertainment or not you must check the following items:
•
That all fire exits are
unlocked and panic bolts are in good working order.
•
That all escape routes
are free of obstruction and can be safely used for instant free public exit.
•
That any fire doors are
not wedged open.
•
That exit signs are
illuminated.
•
That there are no
fire-hazards on the premises.
•
That emergency lighting
supply illuminating all exit signs and routes are turned on during the whole of
the time the premises are occupied (if not operated by an automatic mains
failure switching device).
You must not admit people
to the Hall either via the door entry system or directly at the doors
unless they are a
participating member of your class/group or are a member of your staff.
Noise
You must ensure that the minimum of noise is made on arrival and departure,
particularly late at night and early in the morning. You must, if using sound
amplification equipment, make use of any noise limitation device provided at the
premises and comply with any other licensing condition for the premises.
12.
Drunk and disorderly behaviour
and supply of illegal drugs
You must ensure that in order to avoid disturbing neighbours of the hall and
avoid violent or criminal behaviour:
(i)
no one attending the event consumes
excessive amounts of alcohol
(ii)
no illegal drugs are brought onto the
premises.
Drunk and disorderly behaviour is not permitted either on the premises or in its
immediate vicinity. We will ask any person suspected of being drunk, under the
influence of drugs or who is behaving in a violent or disorderly way to leave
the premises in accordance with the Licensing Act 2003.
13.
Food, health and hygiene
You must, if preparing, serving or selling food, observe all relevant food
health and hygiene legislation and regulations. In particular dairy products,
vegetables and meat on the premises must be refrigerated and stored in
compliance with the Food Temperature Regulations. The premises are/are not
(delete as appropriate) provided with a refrigerator and thermometer.
14.
Electrical appliance safety
You must ensure that any electrical appliances brought by you to the premises
and used there are safe, in good working order, and used in a safe manner in
accordance with the Electricity at Work Regulations 1989. Where a residual
circuit breaker is provided you must make use of it in the interests of public
safety.
15.
Stored equipment
We accept no responsibility for any stored equipment or other property brought
on to or left at the premises, and all liability for loss or damage is hereby
excluded. All equipment and other property (other than stored equipment) must be
removed at the end of each hiring or we will charge fees each day or part of a
day at the hire fee per hiring until the same is removed.
We may, in our discretion, dispose of any items referred to below by sale or
otherwise on such terms and conditions as we think fit, and charge you any costs
we incur in storing and selling or otherwise disposing of the same, in any of
the following circumstances:
(i)
your failure either to pay any charges
in respect of stored equipment due and payable or to remove the same within
seven days after the agreed storage period has ended
(ii)
your failure to dispose of any property brought on to the premises for the
purposes of the hiring.
16.
Smoking and Vaping
You must comply with the prohibition of smoking and vaping in public places
provisions of the Health Act 2006 and regulations made thereunder. We will ask
any person who breaches this provision to leave the premises. You must ensure
that anyone wishing to smoke or vape does so outside and disposes of cigarette
ends, matches, equipment etc. in a tidy and responsible manner, so as not to
cause a fire.
17.
Accidents and dangerous
occurrences
You must report to us as soon as possible any failure of our equipment or
equipment brought in by you. You must report all accidents involving injury to
the public to us as soon as possible to the On duty manager and complete the
relevant section in our accident book (located in the kitchen). You must report
certain types of accident or injury on a special form to the Incident Contact
Centre. Our Hall Secretary will give assistance in completing this form and can
provide contact details of the Incident Contact Centre. This is in accordance
with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
2013 (RIDDOR).
18.
Explosives and flammable
substances
You must ensure that:
(i)
Highly flammable substances are not
brought into, or used in any part of the premises.
(ii)
No internal decorations of a
combustible nature (e.g. polystyrene, cotton wool) are erected without our
consent.
19.
Heating
You must ensure that no unauthorised heating appliances are used on the premises
when open to the public without our consent. You must not use portable liquefied
propane gas (LPG) heating appliances.
You must ensure the HVAC settings are returned to the setting at the start of
your event.
20.
Animals
You must ensure that Guide dogs, Hearing dogs and assistance dog owners are
allowed on the premises.
21.
Fly posting
You must not carry out or permit fly posting or any other form of unauthorised
advertisements for any event taking place at the premises, and must indemnify
and keep indemnified us accordingly against all actions, claims and proceedings
arising from any breach of this Condition. If you fail to observe this Condition
you may be prosecuted by the local authority.
22.
Sale of goods
You must, if selling goods on the premises, comply with Fair Trading Laws and
any code of practice used in connection with such sales. In particular, you must
ensure that the total prices of all goods and services are prominently
displayed, as must be the organiser’s name and address and that any discounts
offered are based only on Manufacturers’ Recommended Retail Prices.
23.
WiFi Services
When using the WiFi service you agree at all times to be bound by the following
provisions:
(i)
not to use the WiFi service for any
for the following purposes:
a)
disseminating any
unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material or otherwise breaching any laws;
b)
transmitting material
that constitutes a criminal offence or encourages conduct that constitutes a
criminal offence, results in civil liability or otherwise breaches any
applicable laws, regulations or code of practice;
c)
interfering with any
other persons use or enjoyment of the WiFi service; or
d)
making, transmitting or
storing electronic copies of material protected by copyright without permission
of the owner;
(ii)
to keep any username, password, or any other information which forms part of the
WiFi service security procedure confidential and not to disclose it to any third
party.
24.
Termination of the WiFi service
We have the right to suspend or terminate our WiFi service immediately in the
event that there is any breach of any of the provisions of these Standard
Conditions including without limitation:
(i)
if you use any equipment which is
defective or illegal;
(ii)
if you cause any technical or other
problems to our WiFi service;
(iii)
if, in our opinion, you are involved
in fraudulent or unauthorised use of our WiFi service;
(iv)
if you resell access to our WiFi
service; or
(v)
if you use our WiFi service in contravention of the terms of these Standard
Conditions.
25.
Availability of WiFi Services
(i)
Although we aim to offer the best WiFi
service possible, we make no promise that the WiFi service will meet your
requirements. We cannot guarantee
that our WiFi service will be fault-free or accessible at all times.
(ii)
It is your responsibility to ensure
that any WiFi enabled device used by you is compatible with our WiFi service and
is switched on. The availability and performance of our WiFi service is subject
to all memory, storage and any other limitations in your device.
Our WiFi service is only available to your device when it is within the
operating range of the main hall.
(iii)
We are not responsible for data, messages, or pages that you may lose or that
become misdirected because of the interruptions or performance issues with our
WiFi service or wireless communications networks generally.
We may impose usage, or service limits, suspend service, or block certain
kinds of usage in our sole discretion, to protect other users of our WiFi
service. Network speed is no
indication of the speed at which your WiFi enabled device or our WiFi service
sends or receives data. Actual
network speed will vary based on configuration, compression and network
congestion.
26.
Privacy and Data Protection
(i)
We may collect and store personal data
through your use of our WiFi service.
(ii)
We may process all information about
you which is provided in relation to our WiFi service in accordance with your
legal rights under the Data Protection 1998 and solely for the purposes of
offering the WiFi service.
(iii)
By using our WiFi service, you agree
to the terms of this clause 26. If
you would like more information or object to anything in these conditions, you
should speak to The Duty Manager.
(iv)
When using the WiFi service the Hirer
agrees at all times to be bound by the following provisions:
a)
not to use the WiFi
service for any for the following purposes:
i.
disseminating any
unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material or otherwise breaching any laws;
ii.
transmitting material
that constitutes a criminal offence or encourages conduct that constitutes a
criminal offence, results in civil liability or otherwise breaches any
applicable laws, regulations or code of practice;
iii.
interfering with any
other persons use or enjoyment of the WiFi service; and
iv.
making, transmitting or
storing electronic copies of material protected by copyright without permission
of the owner
b)
to keep any username,
password, or any other information which forms part of the WiFi service security
procedure confidential and not to disclose it to any third party.
27.
Cancellation
One Off Hirers
If you wish to cancel the booking more than 28 days of the event, we may, in our
complete discretion, return the deposit, or retain the deposit or require
payment of the hire fee.
If you wish to cancel the booking less than 28 days of the event we may, in our
complete discretion retain the deposit and require payment of the hire fee.
Regular Hirers
If you wish to cancel some of your booked dates we require at least 28 days
notice of cancellation and may at our discretion require payment of the hire
fee.
All Hirers
We reserve the right to cancel this Agreement by giving you written notice in
the event of:
(i)
the premises being required for use as
a Polling Station for a Parliamentary or Local Government election or
by-election;
(ii)
our reasonably considering that (a)
such hiring will lead to a breach of licensing conditions, if applicable, or
other legal or statutory requirements, or (b) unlawful or unsuitable activities
will take place at the premises as a result of this hiring;
(iii)
the premises becoming unfit for your
intended use;
(iv)
an emergency requiring use of the
premises as a shelter for the victims of flooding, snowstorm, fire, explosion or
those at risk of these or similar disasters.
In any such case you will be entitled to a refund of any deposit or fees already
paid, but we will not be liable to you for any resulting direct or indirect loss
or damages whatsoever.
28.
End of hire
You are responsible for leaving the premises and surrounding area in a clean and
tidy condition, properly locked and secured unless directed otherwise and any
contents temporarily removed from their usual positions properly replaced,
otherwise we may make an additional charge.
29.
No alterations
You must not make any alterations or additions to the premises nor install or
attach any fixtures or placards, decorations or other articles in any way to any
part of the premises without our prior written approval. In our discretion, any
alteration, fixture or fitting or attachment which we have approved may remain
in the premises at the end of the hiring. Such items will become our property
unless you remove them and you must make good to our satisfaction any damage you
cause to the premises by such removal.
30.
No rights
This Agreement constitutes permission only to use the premises and confers no
tenancy or other right of occupation on you.
