TERMS AND CONDITIONS OF HIRE

8.         Alterations

8.1       The Hirer must not make any alterations to the Premises or any other part of the Pucklechurch Community Centre without the PCA’s prior written consent.

9.         Food and Drink

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

9.2       If the Hirer wishes to use caterers on the Premises during the event the Hirer must ensure that the caterers comply with all health and hygiene legislations and regulations.

10.       Animals

10.1    The Hirer shall ensure that no animals (including birds) except guide dogs are brought onto the Premises other than with the prior written consent of the PCA.

11.       General regulations

11.1    The Hirer shall ensure that the following conditions are adhered to in full:

 11.1.1  No preparation may be applied to the floors.

 11.1.2  No interference with any equipment, books or any other materials.

 11.1.3  No interference with the heating system.

 11.1.4  No access to the astroturf area via the rear fire exit doors except in an emergency.

12.       Nuisance

12.1       The Hirer must not do or allow anyone attending their hiring to do anything on the Premises which is or may become a nuisance to the PCA or other hirers or to the occupiers of adjoining or neighbouring premises.  The Hirer shall be responsible for requiring any person causing such a nuisance to leave the Premises and the rest of the Pucklechurch Community Centre building.  It is the Hirer’s responsibility to ensure that the minimum of noise is made on arrival and departure.

13.       Children

13.1    The Hirer shall ensure that where a hiring involves activities aimed predominantly at children, and/or the activity is positively supported by the school for the attendance of children, they have appropriate child protection policies and procedures in place and that they themselves and those persons likely to have contact with children have been subject to enhanced Criminal Record Bureau checks. 

13.2    Where the Hirer wishes to use the Premises for a purpose which involves a regulated activity as described by the Safeguarding of Vulnerable Groups Act 2006 the PCA will require the Hirer to provide evidence that the necessary CRB or any other appropriate checks have been carried out on all persons. The PCA reserves that right to review child protection policies and procedures and to impose any additional requirement they consider appropriate in connection with the hiring.  If for any reason the PCA are not satisfied then they reserve the right to cancel any hiring and there shall be no liability to the Hirer other than to refund any of the Total Amount Due (including any deposit paid).

14.       Sale of Goods

14.1    The Hirer must not use the Premises for any auction sale, trade, business or manufacture without the written agreement of the PCA or for any illegal or immoral act or purpose and the PCA reserves the right to cancel with immediate effect any hiring where such use is taking or is intended to take place without refund of the Total Amount Due paid (including any deposit paid). 

15.       Unfit for Use

15.1    The PCA may cancel any hiring if the Premises or any of the Pucklechurch Community Centre building are rendered unfit or become unavailable due to unforeseen circumstances or are required for Drama production purposes or are required for use as a Polling Station for a Parliamentary or Local Government election or by-election and there shall be no liability to the Hirer other than to refund any of the Total Amount Due (including any deposit paid) for the cancelled hiring.

16.       Refusal of Booking

16.1    The PCA may cancel any hiring if in its opinion the hiring organisation for which the Premises are hired has racist policies, regardless of the stated reason for hiring the building. In such event the PCA shall incur no liability to the Hirer whatsoever, other than the return of any of the Total Amount Due that has been paid by him in respect of such cancelled hiring.

17.       End of Hire

 17.1    The Hirer shall ensure that the Premises are vacated at the time specified on the Room Hire Booking Form under ‘Finish time of event’ and no later than 11.45pm.   In the event that the Hirer and his party have not vacated the Premises or any of the Pucklechurch Community Centre building by the time stated the PCA shall at its discretion make an additional charge.

 17.2    The Hirer shall be responsible for leaving the Premises and surrounding area in a clean and tidy condition and any contents temporarily removed from their usual positions properly replaced, if this condition is not complied with the PCA shall at its discretion make an additional charge.

18.       Payment and Total Amount Due

 18.1    The details of the Total Amount Due are set out on the Room Hire Booking Form.

 18.2    The Hirer may be required to pay a deposit on making the booking.  On receipt of the deposit and the signed Room Hire Booking Form confirmation of the booking will be sent by the PCA.

 18.3     The Hirer shall pay the Total  Amount Due or any balance not less than 30 days before the hiring is to take place.  If the booking is made 30 days or less before the Premises are required the Hirer shall pay the Total Amount Due immediately. Cheques should be made payable to the  ‘Pucklechurch Community Association’ or ‘PCA’.

 18.4    If payment is not made in accordance with this clause 18 or if any other terms of this Agreement not complied with then the PCA reserves the right to cancel the booking. Any amount paid by the Hirer will not be refunded.

19.       Insurance

 19.1    During the period of hiring, the Hirer shall be responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify the PCA from and against any expense liability loss claim or proceedings including claims for personal injury to or the death of any person whatsoever arising out of the course of or caused as a result of the hiring except where due to the negligence of the PCA or their respective servants or agents.

19.2   The Hirer is required to have adequate Public Liability Insurance in place for the use the Premises.

20.       Cancellation

 20.1    The Hirer must give the PCA at least 30 days notice of its wish to cancel the booking.  If such notice is given to the PCA the Total Amount Due less the deposit paid shall be refunded to the Hirer.

 20.2    If a booking is made more than 30 days prior to the date that the Premises are required and the Hirer cancels the booking without giving 30 days’ prior written notice may at its sole discretion refund 50% of the Total Amount Due less the deposit paid.

 20.3    If a booking is made less than 30 days prior to the date that the Premises are required and the Hirer cancels the booking the PCA will not be liable to refund any monies to the Hirer.

21.       Health & Safety

 21.1    The Hirer acknowledges that he has been provided with a copy of the risk assessment for the Premises. If the Hirer for any reason considers that the risk assessment document requires any amendment to reflect the Hirers proposed use of the Premises the Hirer must make the PCA aware and provide the PCA details in writing of the necessary amendments.

 21.2    The Hirer agrees to comply with the terms set out in the Health and Safety Information document.

 21.3    The Hirer acknowledges that he is familiar with the following:

a)    Fire alarm points

b)    Fire evacuation procedures, routes, refuge point and assembly point

c)    Location of telephone

d)    Location of first aid kit

e)    Location of the accident reporting book

21.4    In accordance with the Premises’ fire evacuation plan the Hirer is required to:

a)    Keep a register of people in the Premises and people who leave the Premises early;

b)    Familiarise all participants with the position of a telephone, fire alarm points, fire evacuation routes, fire refuge points and fire assembly point.

c)    Ensure that all necessary arrangements have been made to evacuate wheelchair bound participants from the building or to the fire refuge point.

21.5    The Hirer is advised to carry out a practice evacuation of the Premises to highlight any points for concern.

22.       Data Protection

22.1    Personal data supplied on the Room Hire Booking Form will be held on computer and will be used in accordance with the Data Protection Act 1998 for statistical analysis, management, planning and in the provision of services by the PCA and its partners. The Hirer’s data will not be used for any marketing purposes.

23.       General Terms

23.1    If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

23.2    No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

23.3    This Agreement will be governed by and interpreted in accordance with the laws of England and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.