Hire agreement

TERMS AND CONDITIONS OF HIRE

These Terms form part of your Hire Agreement with us, Places for People Leisure Limited. Your Hire Agreement with us is made when your Application for Hire Form is completed by you and signed by us and consists of that form and these Terms. These documents together form a legal agreement between us, so please make sure you carefully read these Terms and the Application for Hire Form. These Terms replace any previous versions and apply at all times and take priority over any spoken communication by us.
 
1.    INTERPRETATION
1.1    “Application for Hire Form” means the application form completed by you.
1.2    “Attendee” or “Attendees” means any person or persons attending a Booking.
1.3    “Booking” means a period which you wish to hire certain areas of the Centre as agreed by the parties pursuant to the Hire Agreement.
1.4    “Centre” means the recreation facility under the control of the Company as identified in the Application for Hire Form including its grounds, car parks and access roads.
1.5    “Company” means Places for People Leisure Limited (address and details below) & its subsidiary and associated Companies and is also referred to by the words “we”, “us” or “our” in these Terms.
1.6    “Hire Agreement” means the agreement between us consisting of the Application for Hire Form and the Terms that may be varied in accordance with clause 5.
1.7    “Hire Fee” means the fee payable by the Hirer as detailed in the Hire Agreement that may be varied pursuant to these Terms.
1.8    “Hirer” shall mean the person or organisation on whose behalf the Application for Hire Form is submitted, and is also referred to in these Terms by the words “you” and “your”.
1.9    “Hire Period” means the period detailed in the Hire Agreement.
1.10    “Manager” means the manager of the Centre.
1.11    “Terms” means these terms and conditions of Booking.

2.    HIRER’S RESPONSIBILITIES
2.1    You shall comply with the Terms until the end of the Booking.
2.2    You shall ensure that we have the name, address, daytime and evening telephone numbers and an e-mail address for at least one individual who you want us to deal with in connection with this Hire Agreement at all times from the submission of the Application for Hire Form to the end of the Booking. You shall notify us immediately should the individual or their contact details change at any point prior to the end of the Booking. Failure to do so may result in us cancelling the Hire Agreement.
2.3    It is the responsibility of the hirer to ensure that anyone involved with the delivery of services/facilities through this agreement holds the appropriate level of DBS.
2.4    You shall ensure that the hired part of the Centre is vacant, clean and clear from all Attendees’ property and litter prior to the end of each Booking.
2.5    Where you also hire or use any equipment pursuant to clauses 17 or 18, you shall be responsible for setting up and taking down the equipment during the Booking. If you need assistance doing this, we may be able to arrange for equipment which we supply to be set up for an additional fee. Please speak to the Manager.
2.6    The rights granted to the hirer under these Terms in respect of any Booking are personal in nature and the parties do not intend to create any relationship of landlord and tenant, and you acknowledge that you are not entitled to exclusive possession of any part of the Centre and we may change the area of the Centre hired to you at any time.

3.    CORRESPONDENCE
3.1    All correspondence from you to us relating to the Booking shall be addressed to the Manager and delivered to the Centre.

4.    APPLICATIONS FOR HIRE
4.1    Your Application for Hire Form must be submitted to us at least 28 days before the date on which you want the first Booking to take place.
4.2    The decision to accept and confirm each Booking shall be at our sole discretion and, subject to clause 4.3, the Booking shall not be confirmed until your Application for Hire Form has been signed on our behalf and the deposit paid.
4.3    Each Centre has limited availability. As such, we may refuse any Application or any request to change an Application for Hire.
4.4    We reserve the right to verify, or require proof of all information given in order to obtain a Booking. Any fraudulent or wrongful information given in order to obtain a Booking could result in us cancelling it.
4.5    If we are unable to accept a proposed Booking we may offer alternative dates, times or locations.

5.    CHANGES TO TERMS AND HIRE FEE
5.1    We may change these Terms for health and safety security, regulatory or legal reasons. We will not use this right to vary the terms of any special offer which applies to you.
5.2    When we propose to make changes that affect you, we will give you reasonable notice of the changes that we plan to make. If you are not happy with the changes you may cancel your Hire Agreement in accordance with clause 7.
5.3    The Hire Fee is based on the cost of us making the relevant parts of the Centre available to the Attendees. Where the number of Attendees is lower than originally anticipated by the Hirer you are not entitled to a refund.

6.    PAYMENT
6.1    You will be charged according to the payment terms specified on the Application for Hire form.
6.2    You shall pay the hire fee to us at the centre in accordance with the charge.
6.3    In any event payment must be received by us in advance of a Booking which we have confirmed.

7.    CANCELLATION BY THE HIRER
7.1    All payment must be made in full and all Bookings are non-refundable.
7.2    It may be possible to reschedule a Booking to an alternative date if more than 7 days’ notice is given.

8.    CANCELLATION OR RESCHEDULING BY THE COMPANY
8.1    We reserve the right to cancel and/or reschedule any Booking which we have confirmed to you caused by events beyond our reasonable control, we will endeavour to give you a minimum of 14 days notice.
8.2    In the event of cancellation of a Booking pursuant to clause an alternative date will be offered or any Hire Fee already paid in respect of any Booking will be refunded less any amounts due from you to us.
8.3    If we cancel or reschedule a Booking pursuant to clause 8.1 we will pay you any loss or costs you suffer in connection with a cancellation or rescheduling so far as they are not attributable to reasons or events beyond our reasonable control.
8.4    The use by you of certain facilities within the Centre during a Booking may be withdrawn and/or varied by us at any time for health and safety reasons or where we are unable to provide those facilities due to reasons beyond our control.
8.5    We reserve the right to bring to an end any Booking in progress and cancel any other Hire Agreements where you commit a serious breach of this Hire Agreement which we have asked you to rectify but which you do not rectify within a reasonable time.

9.    YOUR LIABILITY
9.1    You and your Attendees are under a duty to take reasonable care to avoid causing injury to other users and or employees of the Centre and members of the public. Any incident of injury or damage caused must be reported to the Manager immediately.
9.2    You shall indemnify us and keep us indemnified against all claims, demands, actions or proceedings in respect of death of, or injury without limit, to any person or damage to or direct or indirect loss or damage to property belonging to any person during the course of, or in consequence of any Hire Agreement unless caused by our negligence.

10.    INSURANCE
10.1    You are advised to take out third party liability insurance with a reputable insurance company, to cover loss of or damage to property (whether ours, yours or belonging to an Attendee) and injury or death of any person caused by your negligence during or in connection with a confirmed Booking.
10.2    You must satisfy yourself that the level of cover insured for will protect them from any potential claim, but such cover would not normally be less than £2 million.
10.3    You are notified that our insurance does not extend to property brought onto the premises in connection with a Booking, in respect of fire, theft, loss or any other damage. You should make separate insurance arrangements in respect of such matters.

11.    EVENTS BEYOND OUR REASONABLE CONTROL
11.1    If we are not able to provide a confirmed Booking or in the case of regular Bookings we are not able to provide Booking(s) for 60 days in a row or longer for reasons or events outside our reasonable control, either you or we may cancel your Hire Agreement immediately by sending written notice to the other. By law, we do not have to pay you compensation in these circumstances and during this period.
11.2    “Reasons or events outside of our reasonable control” could include, for example, natural disasters, a government’s actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to our workforce), restraints or delays affecting carriers or not being able to get supplies of suitable materials on time or at all.

12.    ADMISSION
12.1    The Manager will advise you of the maximum number of Attendees that can be safely accommodated for any event. Under no circumstances will you allow the maximum number of Attendees to be exceeded.
12.2    Any Attendee may be required to produce evidence of membership of an organisation which has made a Booking or consent of the Hirer to be at the event for which the Booking was made.
12.3    If such evidence cannot be produced, a separate admission fee may be charged. The Manager may refuse the admission of any person, or may require any person to leave the Centre should they breach any of the Centre’s rules and/or cause nuisance to other users of the Centre or those in nearby premises, whether or not that person is a valid member of an affiliated organisation hiring the Centre.
13.    RULES FOR USERS
13.1    You shall ensure all Attendees comply with signs and other published rules for users of the Centre, for example relating to vehicle parking, smoking, required activity dress and access by animals. You accept that the Manager reserves the right to exclude from the Centre anyone breaking such rules and/or causing nuisance to other users of the Centre or those in nearby premises.

14.    PROTECTION AND SAFEGUARDING OF CHILDREN AND ADULTS AT RISK
14.1    The protection of children and adults at risk is of paramount importance. While we perform background checks on our employees dealing with children and adults, you need to ensure background checks are conducted at your expense on any individuals you intend to engage or allow to work with children or adults at risk. Various organisations publish guidelines on working with children and adults at risk and we would ask that these are followed wherever possible. You will ensure you meet your duties under current Safeguarding legislation. If you need more information or assistance in doing this, please contact the Manager.
14.2    All staff, whether paid or volunteer, need to be aware of their responsibilities for safeguarding, promoting the welfare of children and adults at risk, how they should respond to concerns regarding either child protection or adults at risk and how to make a referral to local authority children’s social care or the police if necessary. 

15.    HEALTH & SAFETY
15.1    For the safety of both you and the Attendees, we need you to comply with our health and safety procedures. You will discuss and agree these with the Manager before your confirmed Booking.
15.2    The hirer must provide a completed risk assessment form prior to attendance.
15.3    You shall comply with the risk control measures forming part of the risk assessment for the premises, under the current Management of Health and Safety at Work Regulations. These measures include minimum qualifications for those leading, teaching, coaching and/or supervising activities and complying with the rules and advice of relevant governing bodies for particular activities. Swimming pools are also the subject of written Pool Safety Operating Procedures, including the Normal Operating Plan (NOP) and Emergency Action Plan (EAP).

16.    FIRST AID AND OTHER EMERGENCY INCIDENTS
16.1    In the event of accident, incident and/or injury, you shall immediately alert a member of staff at the Centre, who will take the appropriate action.
16.2    The Company may require you to provide additional first aid cover for larger events. This will be determined by risk assessment. This must be provided by an approved organisation.
16.3    All first aid treatments, incidents and emergencies must be recorded in accordance with the Company’s current procedures.

17.    PORTABLE ELECTRICAL APPLIANCES
17.1    You must ensure that no portable electrical appliance is brought into the Centre without the prior written consent of the Manager. Where the Manager permits use of a portable electrical appliance it must have been inspected beforehand in accordance with current institution of Electrical Engineers Regulations and bear a dated sticker, or other endorsement to that effect.

18.    EQUIPMENT TO BE BORROWED OR HIRED
18.1    You shall notify the Manager at least 14 days before the day of the confirmed Booking of any such equipment you wish Attendees to use during the Booking. If available, we will provide the equipment to you for the Booking Period subject to payment by you of our applicable additional fees.
18.2    Should we be unable to provide the required equipment, you may in the Manager’s absolute discretion be allowed to bring your own equipment to the Centre in which case use of that equipment will be your sole responsibility. During each Booking, you shall not permit any Attendee to use any equipment the Manager has not agreed may be used for that Booking.

19.    HIRER’S AND ATTENDEES’ PROPERTY
19.1    You and all Attendees bring all personal belongings to the Centre at your risk. We accept no liability for any loss or damage to such property which is not caused by us or our employees.
19.2    Attendees park their cars at the Centre at your risk. We accept no liability for any loss or damage to cars and their contents which is not caused by us or our employees.
19.3    Nothing in these terms and conditions will exclude or limit our liability for fraud or death or personal injury caused by our negligence.
19.4    Any liability we have to you or any Attendee for loss or damage to property our liability to compensate you or an Attendee is limited to a reasonable amount, taking account of factors such as whether the damage was entirely due to something we did or failed to do.

20.    PROPERTY LEFT AT THE CENTRE
20.1    We may remove and store any property left at the Centre by you or an Attendee after the end of a Booking in breach of clause 2.3. If after receiving notice, you fail to arrange for the property to be collected within a reasonable period, we may charge you reasonable storage fees if you fail to collect the property for a prolonged period of time, we may dispose of the property without further notice or liability to you or any Attendee.

21.    DAMAGE CAUSED BY HIRER/ATTENDEES
21.1    You shall be liable for those sums we reasonably incur in repairing or replacing (as appropriate) any damage to the Centre, its fixtures, fittings, equipment, furniture and other
contents thereof, caused by you or an Attendee (fair wear and tear excluded), including an administration fee of 10% of the cost of the repair or replacement if a deposit has been paid and is not sufficient to cover any damage caused or service charges incurred by you, you will be responsible for paying us any additional monies required immediately on request by us.
21.2    You shall be liable for those sums reasonably incurred by us for additional cleaning required as a result of the use of the Centre by you and the Attendees, together with an administration fee of 10% of the cleaning cost.
21.3    The cost of any damage to the Centre or to any items in and/ or at the Centre caused or any service charges incurred by you or any Attendee will be deducted by us from the deposit received if applicable at the end of the Booking. If the deposit is not sufficient to cover any damage caused or service charges incurred by you, you will be responsible for paying us any additional monies required immediately on request by us.

22.    BROADCASTING, RECORDING AND PHOTOGRAPHY
22.1    You must not (and must ensure that all Attendees do not):
•    take photographs in a professional capacity or for publication
•    broadcast, film or otherwise record at the Centre during the Booking without our prior written consent. We may permit or refuse these acts in our absolute decision, and reserve the right to charge a fee for or share in any income arising from permitting any such acts.

23.    MUSIC AND OTHER PERFORMANCES
23.1    Public performance of artistic works without the copyright owners’ permission may allow the owner to sue you. If you wish to play or perform, or permit to be played or performed, any musical or other artistic work, live or recorded, including streaming in which another party owns the copyright you must ensure that
•    you hold valid licences or are otherwise allowed to play or perform the work, or permit the work to be played or performed, at the Centre; and
•    you have provided copies of all such licences or full details as to why you are otherwise permitted to play or perform the work to the Manager
23.2    Save as set out in clause 23.1, you shall not play or perform or permit to be played or performed any musical or other artistic work, live or recorded during the Booking.
23.3    You will be liable for all claims, legal fees, court fees, damages, demands, action and proceedings arising from your breach of clauses 23.1 and 23.2.

24.    ADVERTISING AND DECORATIONS
24.1    You shall not (and shall procure that Attendees do not) advertise or publicly announce any event, including through social media channels, to take place at the Centre without the prior, written approval of the Manager, who shall have absolute discretion in such matters. You shall submit proofs of all intended advertising to the Manager prior to publication. You shall ensure that all such proofs and all correspondence refer to both the Centre and the Company as its operator.
24.2    You shall not (and shall procure that Attendees do not) display any notices or decorations (internal or external) at the Centre without the express permission of the Manager.

25.    PROHIBITION OF ALTERATIONS
25.1    You shall not alter or interfere with any fittings or equipment of or the structure of the Centre.

26.    CATERING AND REFRESHMENTS
26.1    We reserve for ourselves and our agents the right of sale of all refreshments in the Centre. Catering is not included within the Hire Fee unless specifically noted as such by the Company on the Application for Hire Form.
26.2    If you would like to arrange catering services at a Booking, you shall notify the Manager of your desired catering services at least 14 days before the confirmed Booking. The Manager will advise whether the Company or our agents can provide the
desired catering and confirm the cost. You must then tell us if you want to proceed with the catering services order at least 10 days before the Booking.
26.3    Sale and supply of food for human consumption is regulated by law, you must not, and must ensure all Attendees do not:
•    break the provisions of the Food Safety Act 1990, as they apply to the Centre. Guidance on the Food Safety Act 1990 is available from the Food Standards Agency. Please speak to the Manager if you have any queries;
•    consume food or drink not sold to them by the Company or its agents at the Centre without the Manager’s consent;
•    bring into or sell food or drink at the Centre without the Manager’s consent.
26.4    If the Manager consents to allowing sale or consumption of third parties’ food and drink under clause 26.3, the Manager may impose conditions on you concerning food and/or drink brought into the Centre and made available for consumption by Attendees. These may include requiring you to apply for a valid Temporary Event Notice in accordance with the Licensing Act 2003 if you wish to sell or allow the sale or consumption of alcohol and you will be obliged to produce this to the Manager not less than 5 working days prior to the Booking date.

27.    SALE OF GOODS
27.1    You shall not (without the prior written consent of the Manager) sell or supply or permit any other person to sell or supply or offer for sale goods of any kind in the Centre during your Booking.

28.    GAMBLING
28.1    Gambling is regulated by law. You shall not hold, or allow any raffle, sweepstake or other lottery in the Centre during the Booking without the Manager’s written consent. If the Manager gives you such consent, you must ensure it complies with all relevant laws.

29.    ADDITIONAL SUPERVISORS/INSTRUCTORS
29.1    If you require extra supervisors or instructors for any activity, we may be able to provide them for an additional fee. Please contact the Manager in advance of your Booking.

30.    GENERAL
30.1    Relevant United Kingdom laws will apply to this Hire Agreement and the relevant courts of the United Kingdom shall have exclusive jurisdiction.
30.2    Any delay or failure to exercise a power under this Hire Agreement shall not waive such power.
30.3    Nothing in this Hire Agreement confers any rights on any person who is not a party to this contract.
30.4    Each of the provisions of this Hire Agreement is distinct and “severable” from the others. If any provision is or becomes invalid, or unenforceable, the remaining provisions of this Hire Agreement shall not be affected.
40.     3G and Pitch Hire
40.1    All clubs must provide proof of their club status alongside the booking form.
40.2    Each team within the club must complete a booking enquiry form. Completion of this form
guarantees your booking. You will be sent confirmation from our Admin and Finance Team.
40.3    All Match Bookings are for two-hour slots.
40.4     All sessions run 55 minutes per booking. Charges are inclusive of the time required to set up and take down equipment. All activities must finish, and the area vacated by the stated time.
40.5    Clubs can book up to a maximum of 3 pre-season friendlies at the Match Rate.
40.6    If the pitch is available, clubs can book the 3G during the week and pay the Match Rate
providing they can show evidence that it is a league or cup fixture.
40.7    Places leisure will not take block bookings for weekends.
40.8    All block bookings are subject to annual renewal and cannot be sub-let. Termination requires 
30 days notice in writing to the Manager
40.9    Casual users can book weekend slots up to 3 days in advance.
40.10    On 3G pitches everyone must wear clean trainers or boots with rubber studs, no metal
studs, or blades.

PRIVACY AND DATA PROTECTION POLICY
Places for People Leisure Limited treats the protection of personal data carefully. We will use your personal data for the purposes of administering membership (including collecting membership fees and other sums due to us), vetting people for membership, access control, providing you with services such as maintaining training, fitness, health and diet records, providing you with marketing information and internal administration such as training, detection and prevention of crime (for which we do have CCTV monitoring in certain places). We store your personal data in a secure manner within the UK. Where the information is sensitive (for example, health and medical details) we take extra care of this information and will not pass it to any other parties. Other information, we may pass to contracting parties of ours, other relevant business and successor businesses. We will keep your personal data for 3 years from the end of our relationship with you, this includes expiry of your membership. To find out further information on our Privacy and Data Protection Policy please visit our full Privacy Policy which is published on our website – placesleisure.org
Registered in England No. 2585598. Registered Office: 305 Grays Inn Rd, London WC1X 8QR.