Policy
Document Management:
Policy Adopted/Reviewed: Autumn 2016
Date of Next Review: Summer 2019 F,A &GP)
Responsible Officer: Director of Operations
Source: AVEC
CONTENTS
- Introduction
- Venue Hire Agreement Terms and Conditions
- Hiring Charges for Lettings
- Booking Procedures
APPENDIX
- Lettings Procedure Checklist
- Booking form for the use of Academy premises
- Lettings Invoice
- Reminder re: Lettings Invoice
- Confirmation of booking to let Academy Premises
- Conditions of letting Academy Kitchen
Introduction
The Governing Board of xxxx Primary Academy is keen to see that our premises are used to benefit the whole community. The education of children is the prime purpose of our academy, however we believe education is a lifelong process which should be open and accessible to all. The attached Venue Hire Agreement & Terms and Condition’s outlines the lettings policy of the academy. It sets out facilities available, the charges and responsibilities of both hirers and Governors when the premises are hired.
The use of our academy premises at all times other than during the academy day is under the control of the Governing Board of our academy.
Our lettings policy operates within the framework of Academy Equality Policy and the Equalities Act 2010 applies throughout this policy and will be adhered to throughout all stages of our lettings procedures.
In deciding whether or not to let our premises the Governing Board will also have regard to the likelihood of any damage being caused to the premises, or neighbouring premises, and any nuisance that may arise, as a result from accepting the booking.
In any event the Governing Board reserves the right to require a reference from a reputable hirer, before any booking is accepted.
We will consider letting to any group able to comply with the terms and conditions outlined in the agreement and policy. A copy of the Venue Hire Agreement and terms and Conditions will be sent out with all application forms.
The final decision on compliance lies with the Governing Board.
VENUE HIRE Agreement
TERMS AND CONDITIONS
THIS AGREEMENT is made the xx day of xxxx 20xx.
BETWEEN:
(1)xxx Primary Academy, an academy part of The Blyth Quays Trust whose registered office is at The Blyth Quays Trust, Croftway Primary Academy, William Street, Blyth, NE24 2HP.
(hereinafter known as the ‘Academy’) and
(2)XXX, a company/CIO whose registered office is at (Full address) ______(hereinafter known as the ‘Hirer’).
WHEREAS:
(1)The Academy shall supply and the Hirer shall hire ‘the Venue’ as described in the booking form in accordance with the Terms and Conditions of this Agreement.
IT IS AGREED as follows:
- Definitions and Interpretation
1.1In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
‘Hirer’ / means the customer who is hiring the Venue subject to these Terms and Conditions;‘Children’ / means children who attend the Club with the Hirer;
‘Hire Agreement’ / means this agreement entered into by the Hirer and the Academy incorporating these Terms and Conditions which shall govern the hire of the Venue;
‘Hire Fees’ / means the sum payable by the Hirer for the hire of the Venue as determined under Clause 4 of these Terms and Conditions;
‘Hire Term’ / means the total duration of the Venue hire as defined in Clause 2 of these Terms; and
‘Hired Personnel’ / means any of the Academies’ employees who are provided to the Hirer for the purposes of setting up, managing or otherwise assisting with the hirer in accordance with Clause 14 of these Terms and Conditions;
‘School Term’ / means any school term to which the School operates. National, Bank or other holidays are deemed to be outside of a School Term together with any other days where it has been determined by the School that it will not be open for its normal cause of business.
‘Working Day’ / means any normal business day of the week excluding Saturday, Sunday and nationally observed public holidays.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1‘writing’, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2these Terms and Conditions’ is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.3a‘Schedule’ is a schedule to these Terms and Conditions;
1.2.4‘Clause’ or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.5a ‘Party’ or the ‘Parties’ refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
- Hire Term
2.1The Hire Term for the Hirer will be agreed on an hourly and/or daily/weekly/termly basis (see booking form). The Hire Term will exclude Bank Holidays and school holiday closure periods unless this has been arranged in advance as an exception. The Hire Term will be in effect until such time as this agreement is terminated by either party in accordance to the notice period in Clause 4 and subject to the provisions within Clause 19.
2.1.1There will be no access to the premises before the commencement of the period. Hirers must allow sufficient time for preparation before the event when booking the time of the let.
2.1.2 Hirers must have left the premises by the end of the booked period. Sufficient time must be included to allow for the clearing away and for all participants to leave the premises by the end of the booked period.
- Fees and Payment
3.1 The Hire Fees for the Hirer will be advised on the venue booking form. Payment of the balance of the Hire Fees shall be made in full within 30 days receipt of an invoice from the School. Payment may be made by BACS payment, cash or cheque.
- Cancellation
- Subject to the provisions of Clause 19 the following shall apply to cancellation of the Hire Agreement by the Company or the Customer:
4.1.1Either Party may cancel this Hire Agreement provided a notice period of at least one School Term is provided to the other Party with no charge or consequence.
4.1.2If the Hirer cancels this Hire Agreement less than one School Term ahead of the start of the Hire Term the School shall invoice the Customer the respective Hire Fees.
4.1.3If the Customer does not cancel the Hire Agreement but fails to attend at the time of the Hire Term the School shall invoice the Hirer the respective Hire Fees.
5.Venue Facilities
5.1 The Academy shall provide the following facilities as standard at no additional cost as per the Hire Fee:
5.1.1Use of toilet facilities and changing rooms if required.
5.2 If at any period of the Hire Term the availability of these facilities are not available for use by the Hirer the Academy will endeavour to provide suitable alternate facilities which will meet the needs of the Customer.
6.Utilities
6.1 Unless otherwise stated in the Hire Agreement the use of all utilities including gas, electricity and water shall be included in the Hire Fees. No additional charges shall be levied.
7.Use of the Venue
7.1 If any additional equipment is supplied and used by the Hirer, such equipment may only be used in such a way which does not require any destructive fixing to the structure of the Venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.
7.2 The Hirer shall bear the costs of making good any damage to the Venue caused as a result of the Hirer including, but not limited to, any damage done as a result of violation of sub-Clause 7.1.
7.3 The Hirer may not, at any time, have gas cylinders in the Venue or any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous.
7.4 The Hirer may not, at any time, allow live animals into the Venue. This prohibition does not include guide dogs for the blind which shall be permitted at all times.
7.5 The Hirer may not at any time use candles or other lighted flames inside the Venue.
7.6 No sale of goods may take place without the prior written permission of the Academy.
7.7 The Hirer is to ensure that the Venue is returned back to a state, condition of cleanliness and arrangement as found at the start of each hired session outlined within Clause 2 each and every time it vacates the Venue.
7.8 No musical works in the repertoire of the Performing Right Society may be performed in public on the premises except on payment to the Society of the appropriate fee, this fee to be paid.
7.9 No lecture, play, opera, dramatic or musical or other work in which a copyright subsists shall be delivered or performed on the premises unless the consent of the owner of the copyright has been previously obtained by the hirer and all necessary fees paid. No performance of any gramophone or other record in which any copyright subsists shall be given on the premises unless the previous consent of the Phonographic Performance Ltd., or other owner of the copyright has been obtained by the hirer and all necessary fees paid. The hirer must make his/her own inquiries into the existence of any such copyright. Proof of permission to use the piece of work must be shown to the Governing Board of the Academy at the time of booking.
- Alcohol
8.1 No intoxicating liquor shall be brought or consumed on the Academy premises.
- Health and Safety
9.1 Any and all electrical equipment to be used by the Customer during the Club must be fully PAT Tested. All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.
9.2 The School shall have the right to inspect electrical equipment at any time during the Hire Term for compliance with sub-Clause 9.1 and shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Venue.
9.3 The Customer shall be made aware of all fire exits and fire equipment prior to the start of the Hire Term. All fire exits and access thereto must remain completely unobstructed. All signs for fire exits and equipment must remain as prominent and visible as they are when the Venue is unoccupied. Fire equipment must not be moved from its present location unless being used for its intended purpose.
9.4 The maximum number of people permitted in the Venue at any given time must not exceed the venue capacity which will be advised. The School shall have the right to inspect the Venue at any time during the Hire Term and shall request the removal of any number of persons in excess of the numbers stated above.
9.5 First aid kits are to be provided by the hirer for their own activities and first aid for anything but minor injuries should be followed up by qualified medical treatment.
9.6 Provision should be made by the hirer in the case of having to contact the emergency services as the main school office will not be accessible.
9.7 The whole of the Academy site is a no-smoking area.
9.8 Cars are parked at the owner’s risk.
9.9 On discovering a fire the alarm should be activated, the fire brigade called and the building evacuated.
9.10On hearing the fire alarm the building should be evacuated and the fire brigade informed. You should assemble in the area designated during induction and do not re-enter the building until instructed by the Fire Officer.
10.Key Personnel
10.1The Hirer must provide an adequate number of key personnel for the
club/activity. The key personnel shall be responsible for overseeing thegeneral hiring arrangements.
10.2 Key personnel shall be responsible for overseeing emergency procedures including, but not limited to, evacuation of the Venue in case of fire.
10.3Key personnel must be suitably qualified, over the age of 18 and must be onduty at any time that there are Children or other members of the general public in the Venue during the Term of Hire.
10.4Key personnel must be easily identifiable as such.
11.Disability Provision
11.1Wheelchair access is provided as standard at the Venue.
12.Good Order and Nuisance
12.1The Hirer shall be required to keep all Children/Adults under a reasonablelevel of control. This obligation shall extend to noise levels, general behaviour and sobriety. This obligation shall also apply to the Hirer’s staff and any other individuals that are in attendance for the purposes of the Club and not under the control of the Academy.
12.2Noise must be kept to a reasonable level at all times. The Hirer must ensure that no noise escapes the Venue.
13.Catering
13.1If the Hirer chooses to cater food within the facilities listed in Clause 5
during the course of the Club they will be subject to all recognised healthand safety requirements regarding the provision of food substances. The Academy shall have the right to inspect any food brought to the Venue. Further to this right the Academy may audit the caterer for food safety and hygiene.
14.Hirer Access Hours
14.1Unless otherwise agreed the Hirer shall be required to vacate the Venue promptly each day during the times of operation within the Hire Term as per Clause 2.
14.2If the Hirer is the last remaining occupants of the Venue, then they assume the responsibility to secure the Venue following all processes as required by the Academy’s current Security policy.
14.3The Hirer shall be provided with a plan of the Venue showing access points. The main entrance point is located at the front of the main building.
14.4Parking facilities are available.
15.Insurance
15.1The Academy has in place insurance cover for the Venue and all other property of the Academy which is in the Venue either permanently or only for the duration of the Hire Term.
15.2The Hirer shall be responsible for securing adequate insurance cover for any additional items that they bring to the Venue. The Academy’s insurance shall not cover the Customer’s property or that of any third parties.
15.3If required by the Academy the Hirer shall be required to take out additional public liability insurance policy with a minimum indemnity of £1 Million which shall cover the Customer, the Academy and any contractors used by the Hirer with regard to claims, proceedings, costs, charges and expenses associated with damage to or loss of property or injury to any person which may occur while the Hirer, its employees, contractors or guests are present at the Venue during the Hire Term.
15.4The Hirer shall produce evidence to the Academy of any and all insurance required under this Clause 15.2 on demand.
16.Liability and Indemnity
16.1The School will not be liable for any personal injury or damage to property which occurs during the Club/Activity save for personal injury which is attributable to improperly maintained equipment or structural work owned and maintained by the Academy.
16.2The Academy will not be liable for any other loss or damage arising out ofany circumstances beyond its reasonable control.
16.3Nothing in these Terms and Conditions restricts the Academy’s liability for death or personal injury arising out of any act or omission of the Academy.
17.Data Protection
The Academy will not share the Hirer’s personal data with any third parties for any reasons without the prior consent of the Hirer. Such data will only be collected, processed and held in accordance with the Academy’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998
18.Complaints Procedure
18.1What if the academy has a complaint about the group/organisation?
If the academy has concerns about a let the following procedures will be followed:
18.1.2The situation will be monitored for two sessions to allow the issues to be addressed.
18.1.3If the situation remains unresolved, the Hirer will receive written notification of the concern and a further two sessions will be given to allow the Hirer to address the situation.
18.1.4If the matter remains unresolved, the Hirer will receive formal written notice of termination of the booking agreement. This will be implemented 72 hours from the date of the letter of notification.
Please Note: If the Hirer blatantly breaks the conditions of usage, the let can still be terminated immediately.
18.2What if I, as the Hirer, have a complaint about my let or booking agreement?