Venue and Lettings Agreement
SCHOOL PREMISES HIRING AGREEMENT – TERMS & CONDITIONS
- In this Agreement:
(a) “the Owners” means Tytherington School, Company number 08920320, registered office, Tytherington School, Manchester Road, Macclesfield, SK10 2EE.
(b) “the Agent” means the Finance Director & Manager.
(c) “the Hirer” means the person signing the application form and, in addition, any organisation for whom he/she is stated in such form to be representing. The liability under this Agreement of such person and such organisation shall be joint and several.
(d) “the School Premises” means the above-mentioned School or any part of it.
The Owners shall:
2.1 ensure the means of access to the site and building are safe for the hirer.
2.2 ensure that the premises are suitable for the intended use.
2.3 advise the hirer of any known hazards prior to their letting commencing and will request that the hirer notify the school of any hazards during the letting.
2.4 provide the hirer with details of emergency procedures.
2.5 make Accident and Incident forms available to the hirer which must be completed in the event of an accident or incident occurring on the premises.
2.6 check the premises have been left in a safe condition.
2.7 request a risk assessment from the hirer specific to the letting (if applicable).
The Hirer shall:
3.1 ensure that the premises are suitable for the intended use.
3.2 not permit more than the number of persons stated in the application form to be in the School Premises at any one time.
3.3 not use the School Premises or the relevant part thereof other than for the purposes and at the times stated on the application form.
3.4 ensure all electrical equipment used has a current PAT certificate.
3.5 make suitable arrangements for First Aid for its users (unless otherwise stated).
3.6 Ensure a Personal Emergency Evacuation plan is drawn up for anybody attending their session that has a physical or mental impairment which would affect their ability to evacuate in an emergency.
3.7 accept that this Agreement is personal to the Hirer and any organisation which he/she represents and is not assignable and no other person or organisation shall be permitted to use or share the School Premises under the terms of this Agreement. It constitutes permission only to use the School Premises and confers no tenancy or other right of occupation on the Hirer.
3.8 not permit any animals to be brought onto or kept on the School Premises.
3.9 comply with and observe the School’s no-smoking policy on all parts of the School Premises including its grounds (not just in that part of the School Premises hired under this Agreement).
3.10 indemnify and keep the Owners indemnified against all personal injury claims, damage to the School Premises and/or damage or loss of any property on the School Premises occurring during or in relation to the hiring or while persons are entering or leaving the School Premises pursuant to the hire, however and by whomsoever caused and shall obtain public liability insurance cover in a minimum sum of £5m for the period of hire (individual persons hiring for sole use excepted) and attach a copy of such insurance cover to the application form producing it to the Agent at least 48 hours before the hiring.
3.10a If the hire involves children under the age of 18 being on site, we require a copy of the club/companies Safeguarding Policy to be uploaded to your client file no later than 48 hours prior to the first booking.
3.11 accept that the Owners shall not be responsible for any loss, theft or damage to any property arising out of the hiring nor for any loss, damage or injury which may be suffered by or be done or happen to any person using the School Premises during or in relation to the hiring arising from any cause whatsoever or for any loss due to any breakdown of machinery, failure of supply of electricity, leakage of water, fire, government restriction, requirement of the Local Authority or Act of God which may cause the School Premises to be temporarily closed or the hiring to be interrupted or cancelled and the Hirer shall indemnify the Owners against any claim which may arise out of the hiring or which may be made by any person using the School Premises during or in relation to the hiring in respect of any such loss, damage or injury.
3.12 accept that the use of the School Premises is in common with the Owners and any other persons authorised by them and the right at any time to enter the School Premises and remain on the premises during the hiring is reserved to the Owners and the Agent.
3.13 shall ensure that at all times good order is kept on the School Premises.
3.14 not use school equipment without the Agent’s specific consent. Any telephone calls on the school phone must be paid for unless they are genuine emergency calls.
3.15 accept that the Owners or the Agent may put a stop to any activity on the School Premises which in their opinion is not properly conducted or which may infringe the Hirer’s obligations set out in this Agreement and shall be entitled to cancel the booking whether before or during the hiring without notice or refund of any fees paid.
3.16 ensure that no bolts, nails, screws, bits, pins, spikes or other objects shall be driven into the fabric or furnishings of the School Premises nor shall any articles be affixed thereto.
3.17 ensure that no structural alterations whatsoever shall be made to the School Premises.
3.18 ensure that no footwear shall be worn which could damage the surface of any floor. Any marks from black shoes must be removed at the end of each hiring/session of use.
3.19 leave the School Premises in a clean and orderly state at the end of the hiring or each session of use.
3.20 ensure that all property brought onto the School Premises during each hiring is removed on the expiration of the hiring or each session of use. The Owners shall not be responsible for any property left behind and reserve the right to charge extra while it is on the School Premises.
3.21 ensure that no slogans, advertisements, flags, emblems or decorations shall be displayed outside the School Premises whether affixed to the same or free standing and the Hirer shall remove any slogan, advertisement, flag, emblem or decoration displayed inside the School Premises if in the opinion of the Agent it shall be unlawful, unseemly, libellous or expose the School Premises to an undue risk of fire or is likely to lead to a disturbance or is otherwise regarded as inappropriate. All such – shall in any event be agreed both with The School and need to be covered under Advertisement Consent legislation of the Local Planning Authority, where applicable.
3.22 ensure that no exits are blocked or chairs or obstructions are placed in corridors or fire appliances are removed or tampered with and the Hirer shall ensure that users of the School Premises are aware of the locations of emergency exits and fire-fighting equipment. The Hirer shall co-operate in fire drills from time to time.
3.23 ensure that any lights or other electrical apparatus which shall be connected to the electrical installation in the School Premises shall be properly insulated and fused and electrical plugs and sockets shall not be overloaded. All must be fully electrically tested and comply with the current Electricity at Work Regulations. No unauthorised heating appliances shall be brought onto the School Premises or used in them.
3.24 ensure that the playground is not used for parking other than with the specific consent of the Agent.
3.25 comply with all conditions attached to any music or dancing licence and any theatre licence for the School Premises. A copy of each such licence may be seen on application to the Agent and the Hirer shall be deemed to have had notice of all such conditions and shall indemnify the Owners against all losses costs damages and expenses resulting from any failure to comply with the same.
3.26 strictly comply with all legal requirements regarding the sale and consumption of alcoholic liquor, the performing of plays and the exhibition of cinematograph films and shall not infringe any copyright subsisting under the Copyright Act 1956. The Owners or the Agent shall be entitled to require proof that the provisions of this clause have been complied with 48 hours before the hiring. All legal requirements of Gaming and Lottery legislation shall similarly be observed without infringement.
3.27 ensure that all scenery and costumes used for stage performances and the like are fire-proofed.
3.28 if the hiring includes the use of the School kitchen ensure compliance with all such conditions as the Owners or the Agent may prescribe at the time of the hiring.
3.29 ensure that nothing shall be done on the School Premises which shall endanger other users or invalidate any insurance cover relating to the School Premises.
3.30 ensure that any activities involving children comply with all relevant legislative, local Children’s Services, local authority and OFSTED requirements as are appropriate including the necessity of obtaining DBS disclosure checks on all adults in attendance for the Hirer’s activities when children are on the School Premises.
3.31 ensure that payment is made within 30 days of invoice date. In the event of cancellation, the cancellation notice is a minimum of 7 days written notice prior to the event. Full cancellation charges will apply if written notification is not received prior to the 7 day notification.
3.32 The school reserves the right to cancel any bookings if your payments are not kept up to date.
3.33 Every effort will be made to satisfy the needs of your booking, however there will be occasions where unforeseen events may arise which may require us to cancel your booking. In this case we shall endeavor to advise you as early as possible and do our best to re-accommodate your booking.
3.34 In exceptional circumstances the school retains the right to cancel any booking if the user has been responsible for breaches and/or damage to equipment or premises. The user will be directly responsible to the headteacher & the governors of the school for the proper use of the school premises and will reimburse the school for all expenses incurred in reinstating any damage to the premises, furniture, equipment, playing fields etc. caused by the letting or by any person admitted to the premises by us.
3.35 If the hiring of the school premises involves the admittance of the public for an entrance fee, an insurance policy must be taken out to cover the legal liabilities to the school and third parties and to the re-instatement of any damage to the premises. The insurance policy must be emailed or uploaded prior to the event taking place. We reserve the right to cancel your booking should this policy not be produced.
3.36 Hirers are recommended to take out insurance to cover legal liabilities to the school and third parties and upload this to the bookings plus system.
3.37 The hirer agrees to accept and abide by the terms and conditions specified and to such other conditions as specified by Tytherington school. I undertake to pay any charges in advance unless otherwise agreed.