Terms and Conditions: Events

Definitions:

‘Booking Form’ means the booking form available from the Centre.

‘Centre’ means the leisure centre where the Venue is situated.

‘Centre Representative’ shall mean the officer of the Council who should be contacted in respect of any approvals required by the Hirer under the terms of the contract (as detailed on the Booking Form)

‘Contracted Time’ means the times during which the Venue will be hired as set out on the Booking Form

‘Council’ shall mean Mid Devon District Council as the owner of the Centre and the expression shall include its officers and employees

‘Deposit’ shall mean the sum set out on the Booking Form

‘Event’ means the event detailed on the Booking Form

‘Hirer’ shall mean the individual organization or company entering into this contract as identified on the Booking form

‘Venue’ shall mean the facilities within the Centre as detailed on the Booking Form

Contract:

An application to hire a Venue must be made by the Hirer submitting a completed and signing a Booking Form to the Council. A contract between the parties comes into effect once the Booking Form has been accepted by the Council and payment has been made by the Hirer in accordance with the conditions relating to ‘Payment’ set out below.

Age:

The Hirer or the Hirer’s directors (in the case of a company) or representatives (in the case of another organisation) must be at least 18 years of age and the Council will not enter into a contract unless this requirement is fulfilled and evidence of age is produced.

Correspondence:

All correspondence should be addressed to Culm Valley Sports Centre Meadow Lane Cullompton EX15 1LL. Any email correspondence can be sent to bookings@middevon.gov.uk.

Transfer:

The right to use the Venue cannot be transferred nor subcontracted by the Hirer.

Publicity:

All posters and publicity should be referred to the Centre Representative to be approved before circulation or display. The Hirer will be responsible for printing of any flyers or posters. Flyposting is not permitted.

Charges:

(a) Charges for the use of the Venue should be agreed and set out on the Booking Form as the Hire Rate..
(b) A late fee is payable by the Hirer for each hour or part of an hour that the Venue, is retained by the Hirer after the Contracted Time has expired. The late fee charged will equate to the Hire Rate together with any additional staffing costs which are incurred by the Council

Payment:

(a) The contract will not take effect until the Hirer has paid the Deposit to the Council. The balance of the Hire Rate shall be paid by the Hirer not later than the date specified by the Council which will be at least one month in advance of the date of the Event
(b) Cheques or money orders should be made payable to Mid Devon District Council

Cancellations By The Hirer:

The Hirer can cancel this Contract by giving at least one month’s notice in writing to the Council and the Council will then forfeit the deposit paid and the Hirer will in addition be liable to pay any other costs or expenses incurred by the Council in preparation for the Event.

Cancellations By The Council:

The Council reserves the right to cancel the Contract in the event :-

i) of emergency including the Venue being required for use as a shelter for the victims of flooding, snowstorm, fire, explosion or those at risk of these or similar disasters
ii) the Venue is needed for any electoral purpose
iii) the Venue becomes unfit for the Hirer’s use

Any amounts paid to the Council by the Hirer in respect of a cancelled booking will be refunded to the Hirer but the Council will not pay any compensation.

Termination By The Council:

The Council may terminate the Contract in the event that :-

i) The Hirer does not pay the balance of the Hire Rate when it is due and payable or
ii) The Council reasonably considers that the hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements or unlawful or unsuitable activities will take place as a result of the hiring
iii) The Hirer has materially breached the terms of the Contract

In the event of termination the Council will not refund any monies already paid to the Council and it will not pay any compensation

Admission:

The Council reserves the right, at its absolute discretion, to refuse admission and to evict any person from the Centre.

Right To Allocate:

Where it reasonably considers it to be appropriate the Council reserves the right to reallocate the Hirer to alternative facilities within the Centre.

Indemnity:

The Hirer is liable for and indemnifies the Council against all claims losses damages and costs made against or incurred by the Council its employees volunteers agents or invitees in respect of damage or loss of property or injury to persons arising as a result of the Hirer’s use of the Venue (including the equipment) and all claims losses damages and costs made against or incurred by the Council as a result of any nuisance caused to a third party as a result of the Hirer’s use of the Venue.

Insurance and Risk Assessment:

The Hirer shall adequately insure with an insurance company approved by the Council against all liability arising out of the Contract and use of the Venue and produce evidence thereof to the Council. If required by the Council the Hirer will also produce a risk assessment for approval by the Council
The Council accepts no responsibility for any claims, actions, demands, proceedings or costs arising out of claims made against the Hirer by a third party (save insofar as such claims concern death or personal injury resulting from negligence of the Council)

Capacity:

The maximum capacity numbers indicated to the Hirer by the Council must not be exceeded.

Catering:

All catering arrangements with external caterers must be made with the approval of the Council. Any caterers must hold a food hygiene certificate issued by the Council.

Structural Alterations:

The Hirer shall not carry out any alterations to the building, nor shall they fix, or make any fixing for any apparatus, equipment or decoration without the prior approval of the Council. Where tape is required to be used only brands authorised by the Council will be permitted.

Damage:

The Hirer agrees to pay the Council on demand the cost of repairing or making good any loss or damage (including accidental and malicious damage but fair wear and tear excepted) arising out of or incidental to the hiring.

Supervision:

The Council reserves the right to staff and supervise all events at the Centre. The costs for staffing will be agreed with the Hirer at the time of booking. This does not include technical officials, who must be provided by the Hirer. The Council will not be responsible for any costs of officials incurred by the Hirer where the Council cancels or terminates the Contract.

Gambling:

No collections, games of chance, sweepstakes or lotteries nor any betting may be conducted on the Venue without the prior consent of the Council and the Hirer must ensure that nothing is done on the Venue in contravention of the law relating to gaming, betting and lotteries.

Licences:

It is the responsibility of the Hirer to ensure that all necessary licenses and/or permits are obtained for the proposed use of the Venue in accordance with any statutory requirements. The Licensing Authority can be contacted at Mid Devon Ditrict Council, 01884 255255.

Broadcasting:

The Hirer shall not grant sound or television broadcasting or filming rights without prior approval of the Council. If such approval is given, the Council reserves the right to be a party to any negotiations and to approve the terms and conditions of any agreement reached and to share any income and publicity derived therefrom. Centre customers and Council staff must not be included in the broadcast without their prior written permission.

User:

The Hirer must not use the Venue for any purpose other than the activity indicated on the Booking Form and the Hirer must not allow the Venue to be used for any unlawful or unsuitable purpose or in any unlawful way nor do anything or bring onto the Venue anything which might endanger the Venue or render invalid any insurance policy covering the Venue.

Events:

Control of events, including the conduct of guests, is the responsibility of the Hirer. The event organizer should make themselves known to the manager on duty at the Centre who will deal with any requests or problems.

(a) Function or entrance tickets may not be sold at the door.
(b) All Hirers are required to advise the Centre Representative of their anticipated attendance number at least 14 days prior to the function. This is to enable adequate staffing to be arranged
(c) Hirers are required to do everything possible to ensure that their guests vacate the Centre promptly at the end of an Event in a quiet and orderly manner.

Safeguarding:

The Hirer must ensure that it has adequate safeguarding measures in place and should also ensure that any volunteer or employee who has unsupervised contact with children, young people or adults with care and support needs undertakes a government disclosure and barring (‘DBS’) check.
Any safeguarding concerns should be reported to the Corporate Safeguarding Officer for the Council ( which does not negate a need to call the police in a safeguarding emergency)

First Aid:

The Hirer must make its own arrangements for any first aid requirements as this service will not be provided by staff at the Centre.

Electrical Appliance Safety:

The Hirer must ensure that any electrical appliances brought to the Venue 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 the Hirer must make use of it in the interests of public safety.

Stored Equipment:

The Council accepts no responsibility for any stored equipment or other property brought to or left at the Venue 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 the Council will charge fees for each day or part of a day at the hire fee per hiring until the same is removed.
The Council may, in its discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as it thinks fit and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same in any of the following circumstances :

The Hirer’s failure either to pay any charges in respect of stored equipment due and payable or to remove the same within 7 days after the agreed storage period has ended
The Hirer’s failure to dispose of any property brought onto the Venue for the purpose of hiring.

Equipment Used Or Moved:

The Hirer’s failure either to pay any charges in respect of stored equipment due and Where the hirer has call to move equipment during the hire term, the hirer shall be required to return all equipment to original placement or storage. The Council accepts no liability for any injury, loss or damage caused due to moving of equipment during the hire. The hirer must ensure manual handling is carried out in safe manner in accordance with Health and safety regulations.

Approvals:

Where the Council’s approval is required under the terms of the contract the Hirer will submit a request in writing for approval to the Centre Representative at bookings@middevon.gov.uk.

No Rights:

The Contract constitutes permission only to use the Venue and confers no tenancy or other right of occupation on the Hirer.