Letting of Premises and Sports Facilities in Partnership with FITC Football in the Community

Cranbrook Education Campus

Letting of Premises and Sports Facilities in partnership with FITC Football in the Community

Conditions of Contract 2016

General

1. In the event of any user seriously or persistently abusing the facilities, Cranbrook Education Campus (CEC) shall be entitled to suspend the use of that facility.

1. All applications for the use of premises should be made to the FITCFootball in the Community (FITC) Sports Development officer based at CEC at least one complete calendar month before the use of the premises is required. All fees must be paid when requested by CEC/FITC. Failure to pay may result in the hirer being unable to hire school facilities in the future.

1. It is understood and agreed that CEC/FITC does not, either expressly or by implication, warrant the premises to be fit or suitable for any sporting or recreational purpose for which the hirer intends to use them but relies entirely on the skill, knowledge and expertise of the hirer in choosing so to use them and requires the hirer to discontinue that use immediately upon it becoming reasonably foreseeable that, by reason of their condition, a participant in or spectator to that sport or recreation or any other person is in danger of suffering injury, loss or damage.

1. CEC/FITC shall be free from liability if the premises are not available through causes outside their control, e.g. elections, civic meetings, etc.

1. Access to the hiring venue is only permitted during the agreed allocated time slot. Consequently the hirer must not gain access to the venue during another hirer’s agreed time. If this action persists then the hirer may lose the right to hire from the school in the future.

1. The hirer’s agreed time slot includes the time for setting up and packing away. Furthermore, the person in charge of the session must be present before the activity can commence and shall accompany the users offsite.

1. All equipment used for example, football goals and benches, must be returned after the hirers session to the storage area. You may incur a caretaking fee of £10.00 if not.

1. Any cancellation by the hirer of use or series of uses must be made to both CEC and FITC with at least 7 days notice. For activities, that did not take place due to adverse weather conditions the Exeter City Sports Development Officer must be notified within 7 days following the cancellation. Failure to notify the Sports Development Officer of cancellations in adequate time will result in the appropriate charge being made according to the group category.

1. CEC/FITC reserves the right to increase the charges for community use at any time on the giving of one calendar month’s notice to the hirer.

1. CEC/FITC reserves the right to alter, amend or add to the Conditions of Use at any time and such alterations, amendments or additions will be effective on the giving of seven days’ notice to the hirer.

1. When using the 3G Pitch please ensure all players are familiar with the schools footwear rules of ‘no blades or studs to worn’. As the organiser it is the hirers responsibility to check that the schools rules are adhered too. Failure to do so will result in access to the venue being refused without further negotiations.

Loss or Damage/Insurance Matter

1. CEC/FITC shall not be liable for any loss or damage to the hirer or their property or any person or persons admitted to the premises by the hirer except in the case of personal injury or death where the same is due to the negligence of CEC orFITC.

1. Hirers must have Public Liability insurance prior to use with a minimum liability of £2 million. Higher levels of insurance may be required dependent on the level of risk of the user - advice should be sought from Insurance Advisor.

1. No user group is authorised to sub let their booking slot to another user group. If this does occur the hirer will be in breach of they’re letting agreement and will be held fully responsible for the actions of the group to whom they have sub let and any subsequent consequences.

1. The hirer shall not permit or suffer any damage to be done to the hired premises or any furniture or equipment therein and shall make good to the satisfaction of CEC/FITC and pay for any damage thereto, (including accidental damage) caused by any act of neglect of himself, his agent or any person on the hired premises by reason of the use thereof by the hirer.

Use Of School Facilities

Specific Conditions

1. Community use of school premises must not interfere with the statutory obligation of the school to deliver the curriculum nor should school private lettings interfere with directed community use of school premises.

1. No smoking is permitted either in school buildings or anywhere on the school site.

1. Conduct and Staffing - if a hirer is employing casual labour, they must be over 16 and all employment regulations must be met.

1. The wearing of any footwear, which may cause damage to any of the school floor surfaces, is not permitted. (See Appendix 1)

1. All hirers shall familiarise themselves with notices relating to health, safety and fire precautions displayed relevant to the facilities which are being used. Please consult caretaking staff for advice if required.

1. No portable electrical equipment, provided by the user, must be connected to the premises fixed electrical supply unless it has undergone periodic testing and certification for electrical safety by a competent person, in accord with the Electricity at Work Regulations 1989. (Such tests should be carried out annually or in the case of heavily used equipment more frequently). CEC/FITC reserves the right to inspect the documents at any time.

1. The hirer shall ensure that school premises and facilities used are left in a clean and tidy condition removing any litter (for which the hirer is responsible) from sports facilities, playing fields and the school premises. Failure to do so will result in an additional charge being made.

1. No person under 18 years of age may make a booking for the use of school premises.

1. No bookings will be accepted from organisation known to have racist aims and objectives.

1. Where car parking space is available at premises it is at the owners’ risk. The hirer must ensure that entrance roads are kept free of traffic to allow vehicles to pass in an emergency.

1. No permanent furniture shall be introduced onto the school premises by the hirers without prior approval in writingfrom CEC/FITC.

1. Community Use of premises shall be deemed to include the use of tables and chairs only and does not include the use of other/sporting equipment and materials unless by prior arrangement at additional cost.

1. Policy on use of and charges for equipment is determined by CEC/FITC. Where use is sought of specialist equipment or fittings a suitable qualified person must be available to supervise such use and no such equipment or fittings must be removed or adjusted without previous approval from the Governors.

1. No outside equipment is to be brought onto the premises without prior written permission from CEC/FITC.

1. Where the hirer wishes to bring and/or erect their own or outside equipment onto the premises they must request permission giving at least 14 day’s notice in writing of their request and detailing the equipment, such permission to be granted or refused at the CEC/FITC discretion and either with or without conditions attached to any permissions given. Where the hiring is a repeat hiring the request for permission must be granted prior to the first date and specify all subsequent dates. Any such outside equipment is to be erected and dismantled promptly by the hirer. CEC/FITCstaff are not to be used in erecting and dismantling of outside equipment.

1. The hirer shall make all the necessary arrangements for the acceptance on the premises as well as the removal of any property, scenery or other articles which may be required for the hirer’s own purposes.

1. Where permission under clause 14 above is granted by CEC/FITC the hirer agrees to indemnify the absolutely and CEC/FITCassume any and all liabilities for the equipment and any and all claims actions or damages arising from the use and/or misuse of that equipment.

Health and Safety

1. The hirer shall at the end of the hiring be responsible for:

(a)ensuring that the hired premises are vacated quickly and quietly.

(b)ensuring that the hired premises are left in a safe and secure condition and in a clean and tidy state.

(c)If equipment is moved, for example football goals, that they are returned to their original positions ready for the next user.

(d)that litter is placed in the bins provided.

2.No nails, tacks, screws or other like objects shall be driven into any part of the hired premises nor shall any placards, decorations or other articles be fixed thereto.

4. Fire exits and access to must remain clear at all times

Licences

1. Intoxicating liquor shall not be sold, supplied or brought on to the hired premises without the express consent of the CEC/FITC having first been obtained. The hirer shall be responsible for obtaining any necessary Occasional Justices Licenses for the hired premises and shall produce such License to CEC/FITC if called upon to do so.

1. The hirer shall be responsible for obtaining any necessary music singing and dancing license in connection with the proposed use of the hired premises and any license that may be required under the Theatres Act 1968 for any statutory modification or re-enactment of it.

1. No betting, gaming, lottery or gambling in any form shall take place on the hired premises without prior permission of CEC/FITC.

1. No cinematograph exhibition shall take place on the hired premises without the prior permission of CEC/FITC. The hirer shall indemnify CEC/FITC against any infringement of copyright, which may occur during the hiring.

Value added tax (VAT)

1. The charges quoted are exclusive of VAT. VAT at the current rate will be added to accounts for the following types of use.

(a)Rooms and halls involving the use of specialist equipment (laboratory or craft facilities, stage lighting, audio visual aids) unless exempted by paragraphs (e) or (f) below;

(b)Sports halls, gymnasia, outdoor sports facilities when used for sporting activities unless exempted by paragraphs (e) or (f) below;

(c)Grounds used for vehicle parking, camping, caravanning or exhibitions.

VAT is not chargeable on the following types of use:

(d)rooms and halls involving no more than the use of furniture such as tables, desk and chairs;

(e)continuous hire for a period of more than 24 hours;

(f)Hire of sports facilities for a pre-booked series of at least 10 sessions with an Interval of at least 1 day, but not more than 14 days.

Conditions and Guidelines

Sporting affiliation

1.Sports groups and/or their instructors must be in membership or registered with the appropriate sporting national governing body and comply with that body’s structure and level of coaching.

Disclosure and Barring Service

1.The Disclosure and Barring Service (DBS), replaces the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA), which have now combined. DBS checks can be applied for by anyone employing staff or recruiting volunteers for work with children, young people or vulnerable adults. Enhanced checks are advised for anyone working regularly with children, young people or vulnerable adults. However for those individuals who are in regulated activity with children, young people or vulnerable adults, an additional check on the barred lists must also be carried out through the DBS.

For more information on what is viewed as regulated activity and which check is required for your employees or volunteers, please visit: or contact East Riding Voluntary Action Services (01482) 871077 email:

There is now an update service available for all volunteers and employees to use, as well as that organisation who need to DBS check their workers. The aim is to reduce the number of times people have to do DBS checks and make it easier to share DBS results across agencies. The service is free for volunteers. However everyone wishing to register on it, must do so within 14 days of receiving their DBS check. For more information about the DBS update service, please visit:

Self-Employed:Please note that self-employed people must go through an organisation which is willing to carry out a DBS check on them and are not able to process acheck on themselves directly with the DBS.