Terms and Conditions of Hiring - April 2010   

GENERAL

1        These terms and conditions apply for the hiring of all facilities and grounds at Chew Valley Leisure Centre (CVLC).

2        The person’s making the application for the hire of any part of the facilities will be deemed to be the Hirer throughout these terms and conditions.  

PROCEDURE

3        All applications must be on the booking form provided by CVLC and must be completed in full as required.  Failure to do so may result in the booking not being approved.

4        Bookings will only be accepted for a maximum period of one year and will be reviewed in April of each year. Where possible bookings are offered to the same club for the following year, however making a booking during one year does not guarantee the same booking.

5        Advanced bookings will only be accepted from bona fide clubs, organisations, groups and schools.

6        Clubs may be required to produce copies of their Constitution and recent financial accounts if required by CVLC.

7        The Hirer must personally sign the application form & may not assign or sub-let the facilities hired.

8        All bookings must be approved by CVLC, which retains the authority to make the final decision on the approval or cancellation of any booking without giving reason for such refusal.

9        CVLC may cancel any booking at any time, but either the fee paid will be refunded or an alternative date offered, except in the case of misconduct.

10    No booking shall be considered approved or any charge confirmed until done so in writing by CVLC.

11    No person or persons shall use the facilities or grounds covered by these regulations without a current approved booking form.  Any person who knowingly acts in contravention of this regulation will be charged at the appropriate rate for unauthorised use and will refused permission to use any of CVLC facilities in the future.

12    When additional facilities are used to those stated on the booking form the hirer is responsible for paying for the additional usage. Where there is a failure to pay additional usage the club will refused permission to use any of CVLC facilities in the future.

13    CVLC reserves the right to impose special conditions in respect of any booking, series of bookings or class of bookings in order to protect its employees or property.

14    The time for which any part of the facilities is hired should commence at and finish at the time agreed between the Hirer and CVLC, such times being stated on the booking form. This is to include entry, set up, clearing away and exit from the facilities.  

BOOKINGS AND CHARGES

15    All Bookings fall into the following categories:

[a] Casual PAYG Bookings can be made 14 days in advance by phone or in person at CVLC.

[b] PAYG Block Booking, can be booked up to 6 months in advance for a maximum period of up to one year by completing a booking form

[c] Block Booking (subject to VAT) can be booked up to 6 months in advance for a maximum period of up to one year by completing a booking form

[d] Block Booking (Qualifying for Ten Lets Rule) can be booked up to 6 months in advance for a maximum period of up to one year by completing a booking form

16    All Pay as You Go Bookings must be paid for each session prior to using the facilities. Where there is a failure to pay for each session the club will refused permission to use any of CVLC facilities in the future.

17    All Invoiced bookings, are invoiced during the first 4 weeks of a booking, the booking must be paid in full by the date shown on the invoice.

18    Ten Lets rule – A booking must satisfy all of the conditions in order to be exempt from VAT.

[a] Each session must take place at Chew Valley Leisure Centre.

[b] The interval between each session must be at least 1 day and no longer than 14 days, this includes public holidays.

[c] The series of lets must be invoiced as a whole. (Where the hirer cancels one of more of the sessions and receives a refund or credit, this condition has no longer been met.) 

[d] The person to whom the facilities are let must have exclusive use of the facilities.

[e] The persons to whom the facilities are let are a school, club, association or organisation.

19    Charges will be made at the rates, which will be determined from time to time by CVLC and shall be liable to change without prior notification to the Hirer.  In cases where incorrect charges have been quoted, CVLC reserves the right to charge the correct rate, although the Hirer may consider the booking cancelled in accordance with Regulation 8.  

CANCELLATION POLICY

20    CVLC cancellation policy is as follows:

[a] Casual PAYG Bookings can be cancelled up to 48 hours in advance, with no charge incurred. Customers giving less than 48 hours notice will be charged in full for their activity [b] PAYG Block Bookings can be cancelled up to 48 hours in advance, with no charge incurred. Customers giving less than 48 hours notice will be charged in full for their activity by invoice to the address on the booking form.

[c] Block Bookings (subject to VAT) can be cancelled up to 48 hours in advance, where 48 hours notice has been given a credit note/refund will be issued. Customers giving less than 48 hours notice will not be eligible for a refund or credit of the cancelled session.

[d] Block Booking (Qualifying for Ten Lets Rule) Please refer to clause 17 [c].

Where sessions are cancelled after an invoice has been raised, customers giving less than 48 hours notice will not be eligible for a refund or credit of the cancelled session.

Where sessions are cancelled after an invoice has been raised, customers giving more than 48 hours notice a credit or refund cannot be issued without invalidating the booking. Where a refund is required the booking will then incur VAT and be changed to a Block Booking (subject to VAT).

Where sessions are cancelled prior to an invoice being raised, cancellations must be made with the Centre Manager, customers will not be charged for sessions cancelled prior to invoicing. However the hirer is responsible for checking this will not invalidate there qualification for the 10 lets rule. Please refer to clause 17.  

CATERING FACILITIES

21    Arrangements with regards to catering must be made with the Centre Manager at the time of booking and separate charges may be made in addition to those set out for use of sports facilities. 

22    No Hirer may sell or allow refreshments or goods of any description to be sold on the premises without the permission of the Centre Manager.  

PLAYING FIELDS

23    CVLC will be responsible for the final approval of hiring of playing fields and external recreational areas.

24    CVLC does not give any guarantee as to the standard of any pitch or field nor to the maintenance or improvement of this standard during the season. The Hirer shall be aware of the state of any pitch or field upon submitting his/her application and such application will be deemed to be for the particular pitch or field as seen.

25    CVLC shall deem whether any pitch or field is fit for use and its decision shall be final.  

ASTRO TURF PITCH

26    The hirer will ensure all members of his/her group were appropriate footwear whilst using the astro turf pitch, no blades or studs to be worn.

27    The hirer will ensure that the appropriate equipment is used during his/her booking, including the correct goals and goal weights.

28    CVLC will switch on Floodlights at dusk. Hirers will be responsible for paying for floodlight usage.  

LEISURE CENTRE STAFF

29    The employees of CVLC shall at all times during the hiring have free access to the areas of hire for any purpose.

30    The Hirer shall comply with all reasonable requests of the employees of CVLC during a period of hiring.  

INSURANCE

31    It is the responsibility of the Hirer to effect whatever insurance he/she considers he/she requires to cover his/her liabilities.  Insurance affected by CVLC does not extend to a Hirer’s liabilities.  

CARE AND CONTROL

32    The Hirer shall ensure that there is a responsible adult present to supervise at all times during the hire.

33    The Hirer will employ sufficient Attendants and Stewarts to maintain good order during hiring and shall not allow any drunkenness, disturbance or disorder.  Any person under the influence of drink or drugs or behaving in a disorderly manner shall be expelled by the Hirer and in default, any authorised employee of CVLC may expel such a person or persons.  Attendants and Stewarts must be clearly identifiable and must sign in at reception on arrival and departure.

34    SMOKING is not allowed within the confines of CVLC.

35    The Hirer will co-operate with CVLC staff in all matters of public safety and public control.

36    The Hirer is required to pay CVLC the cost of making good any damage to the facilities and equipment, which may be the result of a booking.  The Hirer is required to clear away any rubbish & leave the facilities and/or grounds in the condition in which they were found.  The Hirer will be responsible for reimbursing the Centre for any additional costs incurred in cleaning the facilities or clearing the grounds after a booking.

37    No fixed furniture or equipment in the facilities hired, shall be used or interfered with, without the prior approval of CVLC. Standing/climbing on seats, furniture, windowsills etc. is not permitted.  Fittings, fixtures or decorations of any kind shall not be permitted, other than purely temporary arrangements, which require no permanent fixings, which would damage or disfigure any part of the facility.

38    Chalk, resin or polishing materials may not be used on floors.

39    The electrical and mechanical installations of the facilities are not to be supplemented or altered, nor is any specialist equipment such as public address systems to be installed by the Hirer, except with the express approval of CVLC.

40    No dogs or other animals are allowed into the building.  Guide dogs are permitted.  

EQUIPMENT AND FACILITIES

41    Specialist facilities and equipment (including gymnastic equipment, public address systems, etc) are not included in the letting arrangements, unless specifically requested in the application form and approved by CVLC.  Such bookings must specify the name and qualifications of the person taking responsibility for their proper use.

42    Equipment installed in the premises may be used by special arrangement with CVLC.  Any equipment provided by the Hirer must be removed immediately after the end of the letting.  

CONDITIONS OF FACILITIES

43    Whilst CVLC gives no guarantee that the suitability or condition of the facilities or grounds at the commencement of the hire, every effort will be made to see that they are in a reasonable and fit state.

44    Where facilities booked by the Hirer prove not to be available CVLC will consider applications of refunds of a proportionate part of the hire charge; providing that no such refund shall be given for facilities not included in the letting charge.  CVLC’s decision shall be final in respect of any refund made.

LEGAL REQUIREMENTS

45    The Hirer shall comply with the legal requirements concerning consumption of intoxicating liquor, music, singing and dancing licences, theatre licences and copyright. The Hirer shall be fully responsible for obtaining any licences or any other permission required, ensuring that no such application shall be made without the prior approval of CVLC.

46    The Hirer shall comply with Section 12 of the Children and Young Persons Act 1933, that is to say where any entertainment is provided at which the majority of the persons attending are children, then if the number exceeds 100, it shall be the duty of the Hirer to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the facilities or any part of it than can be safely accommodated there and to control the movement of the children and other persons admitted while entering and leaving the building and to take all other reasonable precautions for the safety of the children.

47    The Hirer will to the best of his/her endeavours ensure that the requirements of the Race Relations Act 1976 (in particular the need to promote good relations between persons of different racial groups) be observed at all times throughout the lettings.

48    The Hirer is specifically forbidden to use, or allow the use of the hired facilities or grounds for any illegal or immoral purpose and shall not carry on any activity so as to cause nuisance or annoyance to other users of the facilities or neighbouring or adjoining premises.

49    The Hirer shall not permit the use of cameras, photographic equipment, video equipment or any sound recording equipment without the prior written consent of CVLC.

50    Clubs and Organisations working with children must have a valid Criminal Records Bureau (CRB) check disclosed at an enhanced level, details of these must be given on the CRB Record Sheet.  

LIABILITY

51    CVLC and the staff will not, under any circumstances, accept responsibility or liability for:

[a] Any damage or loss of any property or articles whatsoever placed or left within the entirety of the facilities.

[b] Any accident or injury suffered by any participant, player or person using the facilities in the course of or arising from the use of the facilities by the Hirer or the organisation he or she represents.  

COMPLIANCE WITH REGULATIONS

52    Failure by the Hirer to comply with any or all of the foregoing regulations where applicable, whether intentionally or not, may be deemed by CVLC to be just cause for the immediate cancellation of any booking or series of booking.