OBLIGATIONS OF THE PARTIES |
In consideration of the hire of the leisure facility by Lampton Leisure to the Hirer, the Hirer will pay such hire or other charges as are required under this Agreement and Lampton Leisure will hire the leisure facility to the Hirer. |
No other terms, conditions or contract provisions whatever will apply to this Agreement and the parties agree to comply with and to be bound by these terms and conditions. |
This Agreement includes the terms and conditions contained below and any schedules or appendices attached hereto. |
The Hirer shall be deemed to have read and understood the provisions of this Agreement. |
AGREEMENT AND LICENSES |
This Agreement will come into effect once the booking is paid for and confirmed, upon these terms and conditions. |
Once the Agreement is in effect, the Hirer will be responsible for all matters connected with or arising out of the hire of the facility, other than those matters for which Lampton Leisure has responsibility. |
A person wishing to hire a Lampton Leisure facility must be at least 18 years of age. |
BOOKING PROCEDURE |
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The prospective hirer will be required to complete a Facility Hire Form, which can be obtained from the Centre. Once completed please return to the Manager at the Centre. |
You will then receive confirmation of the booking from the Centre Manager. This will confirm details of the time, date and cost of the booking. |
Any failure by the Hirer to comply with the booking procedure may result in the termination of the Agreement. |
Booking times are inclusive of all ‘set-ups’ and ‘set-downs’ of equipment. The Hirer must leave the facility area by the time the booking ends. Bookings will normally end at five minutes before the end of the session to allow for a change over for the next session. Any other specific requirements must be requested at time of bookings and are at the discretion of the General Manager. Any special condition will be confirmed in writing. |
If hire date is 7 days or less away from date booked, payment must be made by means of BACs or credit/debit card. |
The Hirer will be entitled to view a copy of the Centre’s Code of Conduct, Centre Health and Safety Documentation, Emergency Procedures and Health & Safety Policy Statement, and will be required to adhere to all aspects of content. For larger events the hirer will be required to demonstrate how they will adhere to Lampton Leisure’s Health and Safety and evacuation procedures. |
FEES AND PAYMENT FOR ONE-OFF BOOKINGS |
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The Hirer will make payment of the hire fee as follows: 4.1.1 A single ‘one-off’ booking made over 7 days prior to the date of hire will be regarded as a Special Booking. Payment of such bookings must be made in full on the day of booking in order to secure the hire. 4.1.2 Payment can be made by means of credit, debit card or BACs payment. 4.1.3 The Hirer will be required to complete a Facility Hire Form and submit as many details about the booking as possible. This should include any special requirements and equipment needs. |
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PAYMENT FOR BLOCK BOOKINGS |
Block bookings can only be requested to a maximum 1 year period only. A new booking form will be required to be completed in order to renew the booking for each year. |
The Hirer will be required to complete a Facility Hire Form and submit as many details about the booking as possible. This should include any special requirements and equipment needs. |
All hirers will be issued an invoice for all bookings, which must be paid in advance of the start of the booking. |
Hirers who fall into arrears will be denied access to the relevant booked facility and will not be offered any further bookings until the debt is clearer. |
CANCELLATION OF HIRE AND ADVERSE WEATHER CONDITIONS |
Block Booking Hirers must notify the centre at the time of booking of any exclusion days or similar, failure to do so will result in the full charge being made. |
In the event that the Hirer cancels a singular session of a block booking they must give a minimum of 14 days’ notice. In the event of a hirer cancelling a booking which has already been paid for, a credit will be issued for the next invoice. A booking cancellation less than 14 days in advance of the hire date will be payable in full. |
Lampton Leisure reserves the right to cancel a booking at any time, but such cancellation will be exercised on a reasonable basis and Lampton Leisure will, unless an emergency applies, give the Hirer 14 days’ notice of cancellation. |
Booking of any outdoor facilities may be liable to cancellation, by Lampton Leisure, due to inclement weather conditions, such as heavy rain, high winds, snow or ice. Simple rainfall will not be considered as adverse for cancelling outdoor activities unless the facilities are deemed unusable prior to the booking on the day. |
In the event of a Block Booking being cancelled by Lampton Leisure in any given booking period as described in 6.4, the hirer will be refunded for the period of the cancellation, or the fee may be deducted from any subsequent booking. |
SUITABILITY OF THE FACILITY |
It is the responsibility of the Hirer to satisfy him/herself that the facility is suitable for the purpose of the hire, and Lampton Leisure will not be liable in the event that the facility, or any part of it, is not suitable for the Hirer’s purpose, unless due to equipment, which has been pre-booked not being made available on the day of the booking. |
SUB-LETTING |
The Hirer will not sub-let the facility or any part thereof, and any attempt to do so will amount to a serious breach of this Agreement which will entitle Lampton Leisure to terminate the Agreement and cancel the hire without compensation to the Hirer. |
BOOKING INFORMATION REQUIREMENTS |
Lampton Leisure will require the following information at least seven days before the first hire date. Your hire application will only be confirmed in writing upon receipt of the following Health and Safety information relating to your booking. You must supply copies of the following information: 9.1.1 Affiliation details with relevant sport governing body for hire activity to be carried out. 9.1.2 Copies of risk assessment(s) and any safety working methods or procedure(s) for the activities to be carried out. 9.1.3 Name and contact details of sports club/school Safeguarding Officer 9.1.4 Full names and contact details of all teachers/coaches/instructors who will used. 9.1.5 Copies of teachers/coaches/instructors qualifications relevant to the hire activities to be carried out. 9.1.6 Copies of teachers/coaches/instructors enhanced Disclosure and Barring Service (DBS) certificates which must have been carried out within the last two years (This is only required for teachers/coaches/instructors who are delivering activities to children or vulnerable adults.) 9.1.7 Copy of the insurance details for Public liability which must be to a value of £5,000,000 |
Copies of the above information will be kept at site and could be subject to inspection by external organisations. Providing this information will be at the hirer’s expense. |
Lampton Leisure will be entitled to make any additional enquiries it considers appropriate in relation to any person or organisation that makes an application to hire any of Lampton Leisure’s facilities. Such enquires will be entirely at Lampton Leisure’s discretion, and may include enquiries of the Hirer directly, or enquiries of other parties or agencies. |
PROMOTION |
While the Hirer may use reasonable promotion to advertise the event or activity, the Hirer must not offer or permit any false or misleading information to be published concerning the event or activity. Lampton Leisure has the right to cancel the booking should it be apparent that false or misleading advertising in taking place. No refund will be provided under these circumstances. |
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Lampton Leisure reserves the right to inspect and/or request copies of promotional literature in order to satisfy itself that information relating to the hire event is neither false nor misleading nor injurious to Lampton Leisure’s interests. |
The photographic rights for the hired premises shall be reserved by Lampton Leisure. |
The filming/broadcasting at the centre is permitted subject to approval by the Centre Manager 14 days in advance of the booking. |
OVERRUNNING OF HIRE PERIOD |
If, on the hire date it is determined between the Hirer and the Centre Management that the event will over-run past the agreed time, the Hirer will be liable to make an additional payment (calculated as every additional full hour), prior to the agreed extension time. The decision to allow a booking to overrun will be at the discretion of the Manager on Duty. |
NOISE CONTROL AND PUBLIC SAFETY |
The Hirer will use his/her best endeavours to ensure that no noise nuisance or public nuisance takes place during the hire, which will include any period before or after the hire during which such forms of nuisance might take place. |
The Hirer will be liable to Lampton Leisure in the event that any noise nuisance or public nuisance occurs during any period of hire that will include any period before or after the hire during which such forms of nuisance might take place. |
The Hirer will be liable to Lampton Leisure in the event that any harm, loss or damage is sustained by any person, arising out of the hire of any facility, in so far as that harm, injury loss or damage is not caused by Lampton Leisure or contributed to by that person, and Lampton Leisure may retain all or part of the insurance deposit to be set off against the Hirer’s Public Liability Insurance. |
The Hirer may use the Public Address System, only if previously booked, to ensure the smooth running of the event but the PA should only be used for the purpose of controlling an event and not used outside the hours of 10pm-9am. |
SPECIAL CONDITIONS |
Lampton Leisure may impose any conditions in relation to the hire of a facility which Lampton Leisure reasonably considers are necessary, and the Hirer will comply in full with such conditions. |
DAMAGE TO HIRE FACILITY |
The Hirer will be responsible for any loss or damage to the hire facility during the period of hire which will include any period before or after the hire in which such loss or damage has occurred. |
The Hirer will not alter the hire facility in any way, or attach any notices, decorations or other objects to any part of the hire facility without the prior consent of Lampton Leisure. |
Equipment belonging to Lampton Leisure must be returned in the same condition as it was received by The Hirer. Any damage caused and resulting repair or replacement will be charged to The Hirer by Lampton Leisure. |
LIABILITY AND INDEMNITY |
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Lampton Leisure will not be liable for any loss or damage to any property belonging to the Hirer or any person connected with the hire. |
Lampton Leisure will not be liable to the Hirer or to any third party for any loss whatsoever arising out of the failure of the hire event to take place. |
The Hirer will be liable to Lampton Leisure for any injury, loss or damage whatsoever arising out of the hire of the facility, except insofar as Lampton Leisure are shown to have negligently caused such injury, loss or damage. |
The Hirer will indemnify Lampton Leisure for any injury, loss or damage whatsoever arising out of the facility hire for which the Hirer is responsible. |
The Hirer agrees that the hired premises shall not be used for any public performance to which copyright subsists, without the written consent of the copyright owner. The Hirer will indemnify Lampton Leisure against all costs and expenses, which Lampton Leisure may incur by the Hirers’ infringement of any copyright. |
PROPER USE OF HIRE PREMISES |
The Hirer will comply with all Health & Safety Regulations affecting the facility and in particular the following: 16.1.1 Fire safety equipment must be retained in the designated positions and must not be moved, obscured, interfered with or used for any other purpose. 16.1.2 Fire exit doors, stairways and gangways must be kept clear of obstruction at all times. 16.1.3 No smoking is allowed within or surrounding the Centre or Grounds. 16.1.4 No animals other than guide dogs are to be taken into the hire facility. 16.1.5 No BBOs, bar facilities or franchised catering can be brought onto site without the expressed permission of Lampton Leisure’s Contract Manager and with 14 days advance notice 16.1.6 The Hirer shall not disconnect or in any way interfere with electrical or other fittings provided. Any electrical or other equipment brought onto the premises must be maintained in a safe condition. The Hirer is wholly responsible for the safety of any equipment brought on to the premises and is responsible for any injury or claim arising from the use of this equipment. |
Lampton Leisure reserves the right to refuse entry to any person for any stated reason such as persons found to be taking or under the influence of drugs or alcohol. The drinking of alcohol will only be permitted if the area or facility is covered by an appropriate liquor licence. |
The Hirer will use his/her best endeavours to keep good order during the hire of the facility. In the event of any problem arising the Hirer will immediately contact Lampton Leisure’s representative and comply with any directions. |
Any changes in the layout of furniture/equipment etc. during the hire period may be undertaken by the Hirer if agreed by a member of the Centre Management. Additional hire charges may be applied if this work is undertaken by the Centre staff. |
TERMINATION OF THE AGREEMENT |
Lampton Leisure may terminate this Agreement in the following manner: 17.1.1Immediately in the event that the Hirer has seriously breached this Agreement. 17.1.2 If the Hirer is in breach of this Agreement and fails to rectify this within a given time, Lampton Leisure may in its absolute discretion give notice to the Hirer that the Agreement will be terminated. Such notice by Lampton Leisure will not amount to a waiver of Lampton Leisure’s right to terminate in any event or activity programme. 17.1.3 By giving reasonable notice to the Hirer in the event that the facility has become unavailable through circumstances outside Lampton Leisure’s control. |
Lampton Leisure may retain any money, which has been paid to Lampton Leisure by the Hirer. |
RESERVATION OF RIGHTS |
Lampton Leisure reserves the right to accept or refuse any application for the hire of any of Lampton Leisure’s facilities. |
Acceptance by Lampton Leisure of the hire of any of Lampton Leisure’s facilities will not bind Lampton Leisure in relation to any subsequent application to hire, whether from the same Hirer or any other party. |
Lampton Leisure reserves the right to review the terms and conditions of this Agreement from time to time and add or amend such terms and conditions as it thinks fit save that such additions/ amendments shall not affect those Agreements which are already in force at the time that the additions/amendments are made. |
WAIVER OF RIGHTS |
Any waiver or forbearance shown by Lampton Leisure in response to a breach of this Agreement by the Hirer will not amount to a waiver or forbearance of any subsequent breach by the Hirer, and Lampton Leisure’s rights will not thereby be affected. |