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Terms and Conditions of Hire

 

Galleywood Heritage Centre - Hiring Agreement

 

(Registered Charity No. 1128416)

 

 

 

This must be read in conjunction with the Standard Conditions of Hire (SCoH), which are annexed to this Agreement below

 

 AGREED as follows:

 

In consideration of the hire fee described in clause 1.4, the Centre agrees to permit the Hirer to use the premises described in clause 1.5 for the purpose described in clause 1.6 for the period(s) described in clause 1.1. The details inserted in sub-clauses 1.1 to 1.6 below and the answers to the questions in sub-clauses 1.7 and clause 2 are terms of this agreement. This Hiring Agreement includes the annexed Standard Conditions of Hire and the Special Conditions of Hire (if any) set out in the attached Schedule.

 

Please ensure that you include your set up and clear up time when booking as the Centre will open and close at the time booked.

 

Any additional time will be deducted from your returnable deposit.

 

1.2    Centre details:

 

Address

 

Email

Galleywood Heritage Centre, The Common,

Off Margaretting Road, Galleywood Essex CM2 8TR ( 01245 357700

mail@galleywoodheritagecentre.org.uk

 

 

 1.3   Hirer:

 

   As detailed in the invoice  

 

1.4   The Hirer shall pay a Hiring Deposit, to confirm the booking of at least one half of the Hire fee. The Balance of the Hire fee (BHF) and any Additional Returnable Deposit (ARD) is/are payable 28 days before the date of the event for which the premises are hired.

 

 Note: A Hiring Deposit must be paid within 10 days of a Provisional booking. Cheques are made payable to Galleywood Heritage Centre.

 

For payment by BACS, the Centre uses CAF Bank; Sort Code: 40–52–40; A/C No: 00018306

 

Cancellations received within 28 days of booking date will incur a £10 administration charge.

 

The ARD will be refunded within 14 days of the end of the period of hire provided that no damage or loss has been caused to the premises and/or contents nor complaints made to the Centre about noise or other disturbance during the period of the hiring as a result of the hiring.   

(Note: see SCoH, Clause 1. Hire, Payment and Deposits)

 

Please supply your bank details to the office if you would like your ARD returned via bank transfer

 

  

 

1.5     Particulars of Premises to be hired                                                                                                                                                               

 

   See invoice

 

 1.6     Purpose/description of hiring                                                                                                                                                               

 

     See invoice

 

The Centre has a Premises Licence authorising the following regulated entertainment and licensable activities at the times indicated. Please confirm by email or phone to the office which licensable activities will take place at your event:  

 

Activity

The hall is licensed for (must be completed by the Centre)

Times for which the activity is licensed

(must be completed by the Centre)

Indicate activities to take place at your event

(must be completed by the hirer)

a. The performance of plays

Y

 

 

b. The exhibition of films

 

 

 

c. The performance of live music

Y

 

 

d. The playing of recorded music

Y

 

 

e. The performance of dance

Y

 

 

f. Making music

Y

 

 

g. Entertainment similar to those in a - f

Y

 

 

 

 

 

2.1 The hirer agrees not to exceed the maximum permitted number of people per room, including the organisers/performers, as set out below:

 

Main Hall

120

Heritage Room

35

Kitchen

4

Marquee

100

Common Room

50

 

 

 

2.3 Where a licensable activity will take place, the hirer hereby acknowledges receipt of a copy of the conditions of the Premises Licence and/or operating Schedule for the premises, in accordance with which the hiring must be undertaken, and agrees to comply with all obligations therein.

 

2.4 The Centre does have a licence with the Performing Right Society for the performance of copyright music.

 

 3.       The Hirer agrees with the Centre to be present (by its authorised representative, if appropriate) during the hiring and to comply fully with this Hire Agreement.

 

4.       It is hereby agreed that the Standard Conditions of Hire, together with any additional conditions imposed under the Premises Licence, (see clause 2.3) or that the Centre Management Committee deem necessary, shall form part of the terms of this Hiring Agreement, unless specifically excluded by agreement in writing between the Centre and the Hirer.

5.       None of the provisions of this Agreement are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to this Agreement.

 

 

Galleywood Heritage Centre

Standard Conditions of Hire


These standard conditions apply to all hiring of the Centre. If the Hirer is in any doubt as to the meaning of
the following, the Centre Management Committee should immediately be consulted.

1. Hire, Payment and Deposits

a) An application for hire can be obtained from the Centre Management Committee and should be
returned within 10 days. The Trustees reserve the right to accept or decline any application. A booking
may only be secured upon payment of the appropriate Hiring Deposit (HD), which will be 50% of the total
hiring charges. Full payment must be made within 28 days of the date of the booking
b) An Additional Returnable Deposit (ARD) will be required in respect of certain bookings and held
against loss, damage, extra cleaning or caretaking. The amount of any ARD will be notified by the
Booking Clerk and must also be paid within four weeks of the date of the booking. The ARD will be
returned after the hiring, provided no deductions are deemed necessary.
c) Cheques should be payable to Galleywood Heritage Centre

2. Age

The Hirer, not being a person under 21 years of age, hereby accepts responsibility for being in charge of
and on the premises at all times when the public are present and for ensuring that all conditions, under this
Agreement, relating to management and supervision of the premises are met.

3. Supervision

The Hirer shall, during the period of the hiring, be responsible for: supervision of the premises, the fabric
and the contents; their care, safety from damage however slight or change of any sort; and the behaviour
of all persons using the premises whatever their capacity, including proper supervision of car parking
arrangements so as to avoid obstruction of the highway. As directed by the Centre Management
Committee, the Hirer shall make good or pay for all damage (including accidental damage) to the
premises or to the fixtures, fittings or contents and for loss of contents.

4. Use of premises

The Hirer shall not use the premises for any purpose other than that described in the Hiring Agreement and
shall not sub-hire or use the premises or allow the premises to be used for any unlawful purpose or in any
unlawful way nor do anything or bring onto the premises anything which may endanger the same or
render invalid any insurance policies in respect thereof nor allow the consumption of alcohol thereon
without written permission.

5. Gaming, betting and lotteries

The Hirer shall ensure that nothing is done on or in relation to the premises in contravention of the law
relating to gaming, betting and lotteries.

6. Licensable activities

The Hirer shall ensure that the Centre Management Committee holds a Performing Society Right Licence
which permits the use of copyright music in any form, e.g. record, compact disc, tapes, radio, television or
by performers in person. If other licences are required in respect of any activity in the Centre the Hirer
should ensure that they hold the relevant licence or the Centre Management Committee holds it.

7. Public safety compliance

The Hirer shall comply with all conditions and regulations made in respect of the premises by the Local
Authority, the Licensing Authority, and the Centre Management Committee’s Fire Risk Assessment or
otherwise, particularly in connection with any event which constitutes regulated entertainment, at which
alcohol is sold or provided or which is attended by children. The hirer shall also comply with the Centre
Management Committee’s health and safety policy.
(a) The Hirer acknowledges that they have received instruction in the following matters:
• The action to be taken in event of fire. This includes calling the Fire Brigade and evacuating the Centre.
• The location and use of fire equipment. (Include diagram of location when handing over keys.)
• Escape routes and the need to keep them clear.
• Method of operation of escape door fastenings.
• Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.
(b) In advance of an entertainment or play the Hirer shall check the following items:
• That all fire exits are unlocked and panic bolts in good working order.
• That all escape routes are free of obstruction and can be safely used.
• That any fire doors are not wedged open.
• That exit signs are illuminated.
• That there are no obvious fire hazards on the premises.

8. Means of escape

(a) All means of exit from the premises must be kept free from obstruction and immediately available for
instant free public exit.
(b) The emergency lighting supply illuminating all exit signs and routes must be turned on during the whole
of the time the premises are occupied (if not operated by an automatic mains failure switching device).

9. Outbreaks of fire

The Fire Brigade shall be called to any outbreak of fire, however slight, and details thereof shall be given
to the Centre Management Committee.

10. Health and hygiene

The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene
legislation and regulations. In particular dairy products, vegetables and meat on the premises must be
refrigerated and stored in compliance with the Food Temperature Regulations. The premises are provided
with a refrigerator, freezer and thermometer.

11. Electrical appliance safety

The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall
have a current PAT label, shall be 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.

12. Insurance and indemnity

(a) The Hirer shall be liable for:
(i) the cost of repair of any damage (including accidental and malicious damage) done to any part of
the premises including the curtilage thereof or the contents of the premises
(ii) all claims, losses, damages and costs made against or incurred by the Centre Management Committee,
their employees, volunteers, agents or invitees in respect of damage or loss of property or injury to
persons arising as a result of the use of the premises (including the storage of equipment) by the Hirer, and
(iii) all claims, losses, damages and costs made against or incurred by the Centre Management Committee,
their employees, volunteers, agents or invitees as a result of any nuisance caused to a third party as a
result of the use of the premises by the Hirer, and subject to sub-clause (b), the Hirer shall indemnify and
keep indemnified accordingly each member of the Centre Management Committee, their employees,
volunteers, agents and invitees against such liabilities.
(b) The Centre Management Committee shall take out adequate insurance to insure the liabilities
described in sub-clauses (a) (i) above and may, in its discretion and in the case of non commercial hirers,
insure the liabilities described in sub-clauses (a) (ii) and (iii) above. The Centre Management Committee
shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep
indemnified each member of the Centre Management Committee, their employees, volunteers, agents and
invitees against (a) any insurance excess incurred and (b) the difference between the amount of the
liability and the monies received under the insurance policy.
(c) Where the Centre Management Committee does not insure the liabilities described in sub-clauses (a)
(ii) and (iii) above, the Hirer shall take out adequate insurance to insure such liability and on demand shall
produce the policy and current receipt or other evidence of cover to the Centre Management Committee.
Failure to produce such policy and evidence of cover will render the hiring void and enable the Centre
Management Committee to rehire the premises to another hirer.
The Centre Management Committee is insured against any claims arising out of its own negligence.

13. Accidents and dangerous occurrences

The Hirer must report all accidents involving injury to the public, to a member of the Centre Management
Committee as soon as possible and complete the relevant section in the Centre Management Committee’s
accident book. Any failure of equipment belonging to the Centre Management Committee or brought in
by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be
reported on a special form to the Incident Contact Centre Management Committee. The Centre
Management Committee will give assistance in completing this form. This is in accordance with the
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). The Incident
Contact Centre Management Committee can be contacted in any of the following ways:
• Telephone: 0845 3009923
• Facsimile: 0845 3009924
• Website: www.riddor.gov.uk or via the HSE website: www.hse.gov.uk
• Post: Incident Contact Centre Management Committee, Caerphilly Business Park, Caerphilly, CF83 3GG

14. Explosives and flammable substances

The hirer shall ensure that:
(a) Highly flammable substances are not brought into, or used in any part of the premises and that
(b) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) shall be erected without
the consent of the Centre Management Committee. No decorations are to be put up near light fittings or
heaters.

15. Heating

The Hirer shall ensure that no unauthorised heating appliances shall be used on the premises when open to
the public without the consent of the Centre Management Committee. Portable Liquefied Propane Gas
(LPG) heating appliances shall not be used.
16. Drunk and disorderly behaviour and supply of illegal drugs
The Hirer shall ensure that in order to avoid disturbing neighbours to the hall and avoid violent or criminal
behaviour; care shall be taken to avoid excessive consumption of alcohol. Drunk and disorderly behaviour
shall not be permitted either on the premises or in its immediate vicinity. Alcohol shall not be served to any
person suspected of being drunk nor to any person suspected of being under the age of 18. Any person
suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way
shall be asked to leave the premises. No illegal drugs may be brought onto the premises.

17. Animals

The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the premises,
other than for a special event agreed to by the Centre Management Committee. No animals whatsoever
are to enter the kitchen at any time.

18. Compliance with the Children Act 1989

The Hirer shall ensure that any activities for children under eight years of age comply with the provisions
of The Children Act of 1989 and that only fit and proper persons who have passed the appropriate
Criminal Records Bureau checks have access to the children. Checks may also apply where children over
eight and vulnerable adults are taking part in activities. The Hirer shall provide the Centre Management
Committee with a copy of their CRB check and Child Protection Policy on request.

19. Fly posting

The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any
event taking place at the premises, and shall indemnify and keep indemnified each member of the Centre
Management Committee accordingly against all actions, claims and proceedings arising from any breach
of this condition. Failure to observe this condition may lead to prosecution by the local authority.

20. Sale of goods

The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice
used in connection with such sales. In particular, the Hirer shall ensure that the total prices of all goods and
services are prominently displayed, as shall be the organiser’s name and address and that any discounts
offered are based only on Manufacturers’ Recommended Retail Prices.

21. Film shows

Children shall be restricted from viewing age-restricted films classified according to the recommendations
of the British Board of Film Classification. Hirers should ensure that they have the appropriate copyright
licences for film.

22. Cancellation

If the Hirer wishes to cancel the booking before the date of the event and the Centre Management
Committee is unable to conclude a replacement booking, the question of the payment or the repayment of
the fee shall be at the discretion of the Centre Management Committee. The Centre Management
Committee reserves the right to cancel this hiring by written notice to the Hirer in the event of:

(a) the premises being required for use as a Polling Station for a Parliamentary or Local Government
election or by-election

(b) the Centre Management Committee reasonably considering that (i) such hiring will lead to a breach of
licensing conditions, if applicable, or other legal or statutory requirements, or (ii) unlawful or unsuitable
activities will take place at the premises as a result of this hiring

(c) the premises becoming unfit for the use intended by the Hirer

(d) an emergency requiring use of the premises as a shelter for the victims of flooding, snowstorm, fire,
explosion or those at risk of these or similar disasters.

In any such case the Hirer shall be entitled to a refund of any deposit already paid, but the Centre
Management Committee shall not be liable to the Hirer for any resulting direct or indirect loss or damages
whatsoever.

23. End of hire

The Hirer shall be responsible for leaving the premises and surrounding area in a clean and tidy condition,
properly locked and secured unless directed otherwise and any contents temporarily removed from their
usual positions properly replaced, otherwise the Centre Management Committee shall be at liberty to
make an additional charge.

24. Noise

The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at

night and early in the morning. The Hirer shall, if using sound amplification equipment, make use of any
noise limitation device provided at the premises and comply with any other licensing condition for the
premises.

25. Stored equipment

The Centre Management Committee accepts no responsibility for any stored equipment or other property
brought on to or left at the premises, 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
fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed.
The Centre Management Committee may, use its discretion in any of the following circumstances:
(a) Failure by the Hirer 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
(b) Failure by the Hirer to dispose of any property brought on to the premises for the purposes of the
hiring. This may result in the Centre Management Committee disposing of any such items 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.

26. No alterations

No alterations or additions may be made to the premises nor may any fixtures be installed or placards,
decorations or other articles be attached in any way to any part of the premises without the prior written
approval of the Centre Management Committee. Any alteration, fixture or fitting or attachment so
approved shall at the discretion of the Centre Management Committee remain in the premises at the end
of the hiring. It will become the property of the Centre Management Committee unless removed by the
hirer who must make good to the satisfaction of the Centre Management Committee or, if any damage
caused to the premises by such removal.

27. No rights

The Hiring Agreement constitutes permission only to use the premises and confers no tenancy or other right
of occupation on the Hirer.

28. Dangerous and unsuitable performances

Performances involving danger to the public or of a sexually explicit nature shall not be given.
29. Smoking The Hirer shall, and shall ensure that the Hirer’s invitees comply with the prohibition of
smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person
who breaches this provision shall be asked to leave the premises.


(Clause 1 c) added June 2010 Large)


Galleywood Heritage Centre

Information sheet to be given to all hirers

Opening and Closing the Centre


The Centre will be opened for your hiring by the caretaker and will be closed for you at the time you
have indicated.
Please ensure that any outside caterers, contractors and other staff are aware of the hire period and
that they will not be able to enter before or leave after the hire period.
Please telephone the caretaker in case of difficulty.

Safety

The Centre has a No Smoking Policy.
In the event of a fire, the Centre should be evacuated in an orderly manner using the appropriate exits,
and the Fire Brigade called by dialling 999.
The exact location of the fire exits and fire extinguishers must be noted before the Centre is occupied
and the manner of opening Fire Doors should be made known to your guests. (A plan of these is shown
below).
Please use the trolleys provided for moving chairs in order to avoid injury. Please stack chairs and tables
in the furniture store in the manner shown on the notice.
A first aid box is located in the Disabled Toilet

Power Circuits/Heating

Do not adjust individual radiators/heaters as this will result in the Centre being too cold or hot for
subsequent users. The heating is timed to turn off at 10.30pm. Please warn your guests of this.

Telephone

The Centre has no telephone and the nearest one is located near the library/shops in Watchouse Road,
so you are advised to bring a fully charged mobile telephone for use in case of emergency.

Car Parking

The lane leading to the Centre is a public road and this must not be obstructed. The Centre car park
will accommodate a good number of cars if they are parked sensibly. Please note that this car park is
shared with the Stables Nursery.
Cars are not allowed on the grassed areas.

Consideration for Others

Please ask your guests to leave quietly at the close of your event. Car doors banging and loud talk in
the car park are disturbing to local residents.
Please leave the Centre clean and tidy and leave waste in the bins outside or take it home. In
particular we ask you to ensure table tops are wiped clean before being stacked in the furniture store.

Decorations/Notices

These may only be put up with the express prior permission of the Centre

Faults/ Damage/ Comments

Please report any faults or damage to the Centre as soon as possible so that they can be rectified
quickly. The Management Committee welcome comments or observations that you may have about
your hire of the Centre.

Building Layout and Fire Exits – see drawing below