Terms and Conditions: Series of Lets

Definitions:

‘Agreed Period’ means the period of the lettings as set out on the Booking Form.

‘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

‘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 signed 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 for the Agreed Period should be set out on the Booking Form and referred to in these conditions as the Hire Rate. The Hire Rate will apply for the Agreed Period and for the avoidance of doubt it is acknowledged that the Council may increase the Hire Rate after the expiry of the Agreed Period.
(b) There is a non-returnable block booking fee added to the Hire Rate and the cost of this will be advised by the Council to the Hirer and set out on the Booking Form.
(c) 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 (calculated on an hourly basis) together with any additional staffing costs which are incurred by the Council.

Payment:

(a) The Hirer and the Council have agreed the method of payment as set out on the Booking Form. If the Hirer has selected to pay by monthly instalments it will be invoiced by the Council and the instalments must be paid within the time limits indicated in the invoices. A contract will not come into effect until the first instalment has been received by the Council. If the Hirer has elected to pay by one instalment then the contract will not come into effect until full payment has been received. It is the Hirer’s responsibility to ensure that the correct payment option has been selected as no amendments can be made at a later date.
(b) Cheques or money orders should be made payable to Mid Devon District Council.

Cancellations By The Hirer:

The Hirer has no right to cancel the Contract.

Cancellations By The Council:

The Council reserves the right to cancel a booking in the event of

i) 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 or
ii) the Venue is needed for any electoral purpose or
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 booking in the event that:

i) The Hirer does not pay an instalment 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 refunds any monies already paid to the Council by the Hirer 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.

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.

Equipment:

Any equipment brought onto the Venue by the Hirer must be approved in advance by the Council. The Hirer is fully responsible for supervising the use of equipment at its own risk.

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.