Terms and Conditions of Hire

Hire Agreement for Langford Village Community Centre

8 Nightingale Place, Langford Village Bicester OX26 6XX

1.PARTIES     

(a)   The Langford Village Community Association (LVCA) represented by the Hall Bookings Secretary

(b)   The Hirer, details as entered on to the Hallmaster System

AGREED as follows:

2.         Throughout this Agreement:

•           the Langford Village Community Association named in clause 1(a) is referred to as “we”; “our” is to be construed accordingly and “we” and “us” mean and include the Langford Village Community Centre’s trustees, LVCA committee members, volunteers, agents and invitees

•           the person or organisation named in clause 1(b) is referred to as “The Hirer” is to be construed

            accordingly; “The Hirer” also includes the members of your management committee (if appropriate),            your employees, volunteers, agents and invitees

•           where you must seek our consent, tell us about something or give us something, you must speak to

and seek consent from the Hall Bookings Secretary or, if the Hall Bookings Secretary is not available, any of our LVCA Committee members

3.    In consideration of the hire fee we agree to permit you to use the premises described in clause 5 for the purpose described in the description given on the Hallmaster booking system for the period(s) booked. The details inserted in the Hallmaster system are included in the terms of this Agreement. This Agreement includes the Terms and Conditions of Hire in the attached schedule.

4.    PAYMENT

  1. Hire charges effective from 1st April 2020 are: – £13.00 per hour for Casual Users; £11.00 per hour for Regular Users.
  2. You must pay the booking charges within the period specified on our invoice. We also require a £100 security deposit, to be paid no later than 7 days prior to the event. Payment is required by BACS transfer, and Bank Details will be shown on the invoice.
  3. The deposit will be returned within 7 days after the period of hire, provided all Terms and Conditions of hire have been met. Any charges incurred will be invoiced and deducted from the deposit and any excess to the deposit must be paid by BACS within 7 days of notification and invoice.

5. PREMISES 

The premises for hire constitute the building and grounds known as Langford Village Community Centre at the address shown at the top of this document. The Hall’s hours of operation are 8.00am to 8.00pm every day and to 10.00pm on weekdays for suitable regular users

6.    You agree not to exceed the maximum permitted number of 100 people including the organisers/performers –                                           

7.    You or your authorised representative agree to be present during the hire and to comply fully with this Agreement.

8.    We and you hereby agree that the Terms and Conditions of Hire, together with any additional conditions imposed under the Premises Licence or that we deem necessary, form part of the terms of this Agreement unless we and you agree in writing.

9.    None of the provisions of this Agreement are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to this Agreement.

10.  Privacy and Data Protection

  1. The Hirer agrees that the LVCA may collect and store the Hirer’s personal data provided by them through the use of the ‘Hallmaster’ online booking system and through any emails/ correspondence sent and received between the Hirer and us in the course of the booking process.
  2. The LVCA and Hallmaster Limited commit to holding your data securely and not providing it to any third party without permission
  3. The hirer agrees that the LVCA and Hallmaster Limited may process and hold all information about you and your hiring in accordance with the Hirer’s legal rights under the UK Data Protection Act 2018 and EU GDPR Act and in accordance with the LVCA Data Protection Policy

By making the booking via Hallmaster you are agreeing to our Terms and Conditions below, thus making this agreement legally binding.

Please continue to read on for full Terms and Conditions of Hire

Langford Village Community Centre – General Terms and 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.

  1. The Hirer

The Hirer being of 18 years of age or over, hereby accepts responsibility for being in charge of and on the premises at all times during the period of hire and for ensuring that all Standard Conditions under this Agreement relating to management and             supervision of the premises are met. If the hirer is not personally present, they must appoint an authorised representative to act on their behalf, however the Hirer remains ultimately accountable

2.         Supervision

            During the period of the hiring, you are responsible for:

            (a)        supervision of the premises, the fabric and the contents;

            (b)        care of the premises, safety from damage however slight or change of any sort; and

              (c)          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.

The Hirer will ensure that all persons involved in the running of the event shall have been instructed as to their essential responsibilities in the event of fire or other emergencies, including attention to disabled persons, the location and use of the fire-fighting equipment available, how to call the fire brigade and the evacuation procedure

The total number of people anywhere on the premises shall not exceed 100 at anytime

3.    Use of premises

You must not use the premises, (please note the car park does not belong to us)  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.

Dangerous and Unsuitable performances – involving danger to the public or of a sexually explicit nature must not take place

4.    Insurance and indemnity

        You are liable for:

(a)   the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents

(b)   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)or due to an action or inaction which renders the hall unusable for subsequent users

(c)    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 subject to sub-clause (d,e), you must indemnify us against such liabilities.

(d)   The Hirer, if operating a ‘commercial operation’ ( charging a fee or selling goods to attendees), shall take out adequate insurance to insure that the Hirer and all their members and attendees against the Hirer’s liability under paragraph 4 (a)(b),(c) and on demand if required produce the policy and current receipt to the Hall bookings secretary.

(e)  The hirer will ensure that any contractors (such as caterers or bouncy castle firms) operating on their behalf have adequate public liability and general insurance against the Hirers liability under 4 (a,b,c)

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.    Licences

        Should the Hirer wish to sell alcohol at the hall they will need to apply to Cherwell District Council for a “T.E.N.” (Temporary Event Licence). The LVCA must be informed of this and the Licence holder must be present throughout the hiring. Alternatively, should the Hirer use the services of a commercial bar service then the Hirer must establish that the operator holds a current mobile licence.

  1. LVCA holds a PRS (Performing Rights Society) Licence which permits the use of copyright music in record, CD or radio for casual one-off bookings only. All regular user groups who use music as part of their classes, need to hold their own PPL (Phonographic Performance Licence)
  2. LVCA DO NOT hold a TV Licence therefore the playing /streaming of broadcast TV is prohibited
  3. If licences are required in respect of any other activity in the hall the Hirer should ensure they obtain the relevant licence and comply with any conditions attached

7.    Safeguarding children, young people and vulnerable adults

        a) The hirer must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation.

        b) The Hirer must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification.

        c) The hirer must ensure that no children under the age of 14years are permitted to enter the kitchen or storeroom to avoid exposure to danger

        d) The Hirer will take full responsibility at all times during the hiring for the care, safety and security of all children and vulnerable adults attending

e) If 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).

8.    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.

        Hirers are requested to complete their own risk assessment as to the suitability of the premises for their planned activity

        You must call the Fire Service to any outbreak of fire, however slight, and give details to a member of the LVCA Committee, see notice board for details.

        (a) You acknowledge that you will ensure you read and locate all fire safety and accident equipment and notices in the hall relating to 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.

        •   Escape routes and the need to keep them clear.

        •   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.

        (b) 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.

9.   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.

10.  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, care should be taken to avoid excessive provision and consumption of alcohol

        (a) no one attending the event consumes excessive amounts of alcohol, and no alcohol shall be served to any person suspected of being drunk or under the age of 18 years

        (b) no illegal drugs are brought onto the premises.

        Drunk and disorderly behaviour is not permitted either on the premises or in its immediate vicinity. Any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way must be asked to leave the premises in accordance with the Licensing Act 2003.

11.  Food, health and hygiene

        The hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations.

  1. The Hirer shall be responsible for any food or drink served at the Hall and LVCA cannot be held liable should anyone fall ill during or following a hiring.
  2. In particular high-risk foods, dairy products, fish and meat on the premises must be refrigerated and stored in compliance with the Food Temperature Regulations. There is a fridge freezer available in the kitchen
  3. It’s the Hirer’s responsibility to ensure that the kitchen and equipment is kept clean throughout the hiring and left in a clean condition at the end of the hiring
  4. All food, liquid, waste and packaging must be removed from the site at the end of the Hiring
  5. The Hirer if serving or causing to be served high risk foods shall ensure that allergen information according to the Food Information Regulations is made available to attendees

12.  Electrical appliance safety

        a) The hirer must ensure no electrical circuits are overloaded

        b) The hirer must ensure that any electrical appliances brought by you or your representatives or contractors 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.

13.  Stored equipment

        a) We accept no responsibility for any stored equipment or other property brought onto 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.

        b) We may, at our discretion, dispose of any items not authorised as stored equipment, by sale or otherwise on such terms and conditions as we think fit. This could incur a charge for storage or disposal.

14.  Smoking

        You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. You must ask any person who breaches this provision to leave the premises. You must ensure that anyone wishing to smoke does so outside the front of the building, and disposes of cigarette ends, matches etc. in a tidy and responsible manner, so as not to cause a fire. Smoking is NOT allowed in the garden    

15.  Accidents and dangerous occurrences

        a) You must report to us as soon as possible any failure of our equipment or equipment brought in by you.

b) You must report all accidents involving injury to the public to us as soon as possible 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.  This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

16.  Flammable or Explosives substances and Heating Equipment

You must ensure that:

a) Highly flammable substances are not brought into, or used in any part of the premises.

b) No internal decorations of a combustible nature shall be erected. No decorations are to be put near light fittings.

c) No candles, indoor fireworks, smoke machines or bubble machines are to be used in the hall

d) no additional heating or cooking appliances, are allowed on the premises

        e) The hirer must ensure that no unauthorised heating appliances are used on the premises.

17. Equipment Use and its Insurance

        Bouncy Castles may only be used in the hall provided permission is requested and granted at the time of booking. They must be hired from a reputable Bouncy castle company with the necessary public liability insurance which you must have seen. On NO account may they be used outside in the garden

18.  Animals

        No animals are allowed on the premises, except for Guide dogs, Hearing dogs and Assistance dog with their owners.

19.  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.

20.  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.

 21. Cancellation

        If you wish to cancel a booking before the date of the event and LVCA are unable to conclude a replacement booking, we will refund the following:

  1.  Up to One calendar month prior to the event we will refund 100% of the total booking fee.
  2.  Between one month and 15 days we will refund 50%
  3.  14 days or less no monies will be refunded, unless a replacement booking has been achieved

        We reserve the right to cancel any booking by giving you written notice in the event of:

  • the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
  • 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;
  • the premises becoming unfit for your intended use;
  • 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.
  • The necessity to close the hall on the advice of a local or national body to prevent the spread of a virus or other transmittable condition

        In any such case you will be entitled to a refund of any monies already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

22.  End of hire

  1. The Hirer shall vacate the premises completely at the conclusion of the hire period. Any over run of the booking period will be charged at a rate of £10 for each period of 15 minutes or less
  2. The Hirer is responsible for leaving the premises and surrounding area in a clean and tidy condition with all lights switched off (except for the external automatic lights), DO NOT make any alterations to the heating, this is all timer controlled. You must also ensure the Hall is properly alarmed and locked and secured unless directed otherwise by LVCA
  3. All tables and Chairs are returned and stacked correctly as shown on the diagrams in the storeroom and on our online video. Otherwise LVCA will make an additional charge
  4. The floors must be swept, toilets flushed and kitchen surfaces, and if used oven and hob, returned to the prior level of cleanliness
  5. Any spillages must be thoroughly cleaned up by the hirer
  6. Keys must be returned as instructed; any unreturned keys will be charged at £20 per key

23.  No alterations

        a) No decorations, pictures, posters, notices or other articles are to be attached to the walls, ceilings or doors. The use of Sellotape, Sticky Fixers or similar is prohibited

        b) No other alterations or additions may be made to the premises

        c) Any damage to the decoration or fabric of the building will be charged to the Hirer

24.  No rights

        This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.      

25.  Regular Users

  1. To qualify for the Regular Users contract and hourly rate, users need to book a minimum of 6 sessions at one time, within a 12-month timespan. Otherwise the Casual Users hourly rate will be charged.
  2. All sessions must include time for setting up & clearing up, and the minimum session time is 1 hour.
  3. New Regular Users will be asked to pay a £100 security deposit no later than 7 days before the first hire date. This will be returned, if all T’s & C’s have been met, after 12 months, or the end of contract if sooner.
  4. Invoicing periods will be agreed before the date of the first booking. Invoices will normally be issued one month before the first booked date of each hiring period, and payment is expected prior to the first booked date, unless otherwise specified on the invoice.
  5. If a user wishes to cancel or amend any regular sessions already confirmed, they should give at least one month’s notice in writing. Notice of less than one month may incur a charge, in line with our General Hall Terms and Conditions of Hire, unless due to exceptional circumstances.
  6. In the event of repeated late payments, the LVCA Committee retains the right to revoke a Regular Users contract and/or treat future bookings as Casual Bookings, and charged at the prevailing Casual Users rate.
  7. Hall hire rates will be reviewed annually, with any changes effective from April 1st.