LOWTON CHURCH OF ENGLAND HIGH SCHOOL
Terms and Conditions of Hire (2017/18)
“School” means Lowton Church of England High School, Newton Road, Lowton, Warrington.
“The facility” means those buildings and grounds of Lowton Church of England High School or parts thereof indicated on the booking form or such other buildings or grounds as the school shall provide in substitution for the location referred to in the booking form.
The Director of Community is the school’s authorised officer to perform the duty of taking bookings for the hire of facilities.
The hirer means the person responsible for booking all or part of the facility. If the hirer is a club/organisation then the term hirer includes all members of the club and the corporate body of the club.
“Special/Major Event” means an event of an unusual nature in format, size, timing or any other particular including (but not limited to) regional and national events, finals, presentations and events requiring special sporting, medical or other facilities.
2. SCHOOL REGULATIONS
The hirer shall comply with the rules and conditions for use of the facility at all times throughout the period of hire.
The school reserves the right to attach additional conditions to a particular hiring of the facility, such additional conditions to be notified to the hirer as soon as practicable.
3. SCALE OF CHARGES
The scale of charges to be paid by the hirer for the use of the facility and (if not included in the booking) use of any outside areas shall be in accordance with the scale laid down by the school’s formal acceptance of the hire.
All applications must be made in writing on an official booking form that can be obtained from the school’s main office or the community reception.
No booking shall be confirmed until the school issues a written confirmation of the booking detailing the applicable fees to the address shown on the booking form. Please note that the school is under no obligation to accept any booking submitted to it.
Payment (in full) in respect of any application for the hire of a facility or part of a facility is required within 30 days of the confirmation by the school of the application in accordance with clause 4 (b) above. In accordance with the school’s policy, payments cannot be deferred for any reason.
If payment is not received within 30 days from date of issue of the invoice a final reminder will be issued to the hirer. The final reminder will clearly state that further action may be taken if the debt is not settled in full within a further 14 days of the date of the reminder.
Where a hirer’s payments are regularly or consistently paid outside the terms of supply the school will consider withdrawal of credit facilities and request the individual/organisation to pay for goods/services/facilities in advance or at the time they are consumed.
Individuals (Organisations) who continue to default on payments will be refused access to the school’s facilities until all outstanding payments are settled.
If a hirer wishes to settle a debt by instalments and therefore extend the normal terms and conditions of supply they must complete and return a pro-forma explaining the reasons for their inability to meet the original contract terms. The school’s Business Manager will consider all requests to pay in instalments and inform each hirer if their application has been approved.
Instalment payments will be required no later than the 7th day of each calendar month covered by each hire agreement. In the event that instalment payments are not received in time a final reminder for the balance outstanding will be issued. The final reminder will clearly state that further action will be taken if the debt is not settled in full within 14 days of the date of the reminder.
All postal payments are to be addressed to the The Finance Office, Lowton Church of England High School, Newton Road, Lowton, Warrington, WA3 1DU and must be accompanied by the pro-forma attached to the appropriate request for payment/invoice.
Cash/cheque payments can be made in person during the day (Monday to Friday from 9am – 3pm) at the School Office located inside A Block. Payment must be accompanied by the pro-forma attached to the appropriate request for payment/invoice.
Cash/cheque payments can be made outside of normal school hours using the drop box facility at the entrance to A Block. Once again payment must be accompanied by the pro-forma attached to the appropriate request for payment/invoice. A receipt will be sent back to you once the payment has been processed
Cash/cheque payments must not be given directly to members of the evening staff.
The school does not operate credit facilities and legal proceedings may be taken against any organisation that defaults on its payment.
In the event of a special/major event booking being cancelled by the hirer, 14 days notice is required if the hirer is not to be charged the full fee.
In the event of a session which forms part of a booking being cancelled by the hirer, 7 days notice is required if the hirer is not to be charged the full fee. However, in the event of a hirer, who complies with the VAT exemption criteria and is therefore not being charged VAT cancelling or failing to take up any period booked, he/she shall be liable to pay the charge agreed in the written agreement and no refund will be given.
In the event of the hirer giving written notice of the cancellation of a block booking in accordance with 6 (b) above the hirer shall not be guaranteed the same facility on the same day and at the same time should an application for the same block booking be made subsequent to the cancellation.
In the event of the facility being required for any purpose connected with a local emergency, election or examination on the day on which the facility or part thereof is hired, the school reserves the right at its discretion to:
Cancel the hiring, issuing a credit to the hirer of all hiring fees in respect of that day or days for which the hiring shall be cancelled by the school; or
Relocate the booking to such other facility, as in the opinion of the school is a suitable location for the booking.
The school’s decision as to whether the facility is required for any of the aforesaid purposes shall be final and conclusive and the hirer shall not be entitled to compensation for any loss or damages (whether direct or indirect and however arising) as a result of such cancellation or substitution by the school.
With regards to school examinations and commitments, the school will make all reasonable efforts to inform hirers of the closure of school facilities during the booking process.
The hirer shall not use the facility for any purpose other than that indicated on the booking form and accepted by the school.
8. HEALTH AND SAFETY
The hirer agrees to undertake a risk assessment of their activities and to ensure that all participants comply with all relevant health and safety legislation or other appropriate guidelines, relevant thereto at all times during the period of hire (including preparing and clearing the facility).
The school makes every effort to ensure that its facilities are “fit for purpose” and above all safe. To this end, the school has an active Health and Safety Policy. Furthermore, it has conducted a separate risk assessment on each of the facilities that it makes available for hire. The Health and Safety Policy and the risk assessments are reviewed annually and can be obtained by contacting the school’s Director of Community.
Hirers and their members/guests are not permitted to enter storerooms and/or move any equipment that is stored in and around the area that is being hired. If equipment is required or in need of moving, hirers are required to seek assistance from the caretaker or any other authorised officer of the school.
To assist the school in its efforts to maintain a safe environment hirers are required to conduct a visual risk inspection of the area hired prior to each occasion of use and report any defects or hazards to the Director of Community or any other authorised officer of the school.
Director of Community (Stephen Toole) 07753620137
Caretaker (Joe Lythgoe) 07899929695
Please add these telephone numbers to your mobile phone
The hirer is responsible for the dissemination of health and safety guidelines and procedures (be they issued by the school or other appropriate bodies) to their members/guests.
All accidents / near misses must be reported to the Director of Community or any other authorised officer of the school. In the event of an accident / near miss, please contact a member of staff on site or telephone.
Director of Community (Stephen Toole) 07753620137
Caretaker (Joe Lythgoe) 07899929695
A first aid kit is available from the community office.
9. FIRE / SITE EVACUATION
In the event of the fire alarm being activated, hirers and their members/guests must evacuate immediately and make their way to the fire assembly point – Congregate at the large astro-turf facility on the top playground.
10. ASSIGNMENT OF SUBLETTING
The hirer shall not assign the benefit of the hiring agreement without first obtaining the written permission of the Director of Community
11. MAXIMUM ATTENDANCE
If applicable the maximum number of persons to be admitted to any activity/event shall be stated by the Director of Community upon confirmation of the hire by the school. Any such maximum shall be a condition of the hire.
Apart from the staff on regular duty on the day of the activity/event there shall be no staffing provision made by the school to accommodate the hire of the facility (unless prior agreement is made between the Director of Community and the hirer at the time of booking confirmation) In which case, the hirer will be responsible for the cost of all additional labour requirements. All such costs must be paid by in accordance with paragraph 5.
13. CATERING AND ALCOHOLIC LIQUOR
The school reserves the right to sell or supply refreshments and alcoholic liquor at any event/activity at the facility and the hirer shall not undertake any such provision unless specifically agreed in advance in writing with the Director of Community. If the hirer requires the provision by the school of refreshments and /or alcoholic liquor they must give the Director of Community at least 60 days notice before the date of the activity/booking. In the event of a bar being provided, alcoholic liquor will be sold subject to the times and conditions specified in the licence granted by the magistrates to the school.
14. ATTENDANCE OF POLICE
If the school deems necessary it will request a police presence for the duration of the activity/event at the facility. The fees for their attendance, which are additional to the hirer fees must be paid by the hirer whom shall be informed of the additional charge at the time of the school confirmation under clause 4 (b) above. Information regarding the scale of fees for Police attendance may be obtained from the Chief Constable.
No sweepstakes, raffles or other forms of lottery shall be promoted or conducted at the facility without the prior written consent of the Director of Community.
Any charges arising out of the hiring agreement and payable by the school to the Performing Rights Society or Phonographic Limited, in respect of the playing of vocal/instrumental/dance music or the playing of recorded music in any format shall be paid by the hirer to the school forthwith before the activity/event at the facility and the hirer shall indemnify and keep indemnified the school against any and all costs, charges and other liabilities incurred by the school in relation to such charges
Any charges incurred in respect of the performance of any dramatic or musical work or the delivery of any lecture in which copyright exists shall be paid by the hirer to the school before the activity/event and the hirer shall indemnify and keep indemnified the school against any and all costs, charges and other liabilities incurred by the school in relation to such charges or any breach of intellectual property rights of any sort (whether or not registered) committed in the course of any event.
17. MUSIC AND DANCE
The hirer shall observe all statutory provisions, regulations and conditions relating to public music, dancing and singing and shall observe all conditions attached to any subsisting licence relating to the venue including those granted under the Local Government Miscellaneous Provisions Act 1982
The hirer must obtain public liability insurance cover;
in the joint names of the school and the hirer (if appropriate when linked to a special / major event)
against the hirer liability
for the purpose agreed in the booking confirmation
for the amount prescribed by the school (minimum of £5 million)
The hirer must produce evidence of such cover to the school when submitting each booking form, failing which the school may obtain public liability insurance cover on the hirer’s behalf and an additional 10% will be added to the booking fee. The provision of such insurance will be a condition precedent to the confirmation of the booking notwithstanding the provision of clause 4 (b) above, provided always that the hire fee shall be payable at the time of the school’s confirmation under clause 4(b) above.
The school accepts no responsibility for loss or damage to the hirer’s property or any other person’s property howsoever caused while attending any activity/event at the facility including (but not limited to) where such loss is caused by the negligence of the school or its agents.
The school gives no warranty in relation to the facility including (but not limited to) the compliance of the facility with any regulations of any sporting body from time to time in force or as to its suitability for any purpose whether or not made known to the school.
Save where prohibited by law the school shall not be liable in any sum for loss or damage incurred by any person at the facility howsoever arising and whether or not arising from the negligence of the school or its agents.
Where the hirer is a consumer as defined by the Unfair Terms in the Consumer Contracts Regulations 2000, its statutory rights shall not be affected by these conditions.
19. RIGHT OF ENTRY
The school reserves the right to refuse admission to the facility to any person.
The hirer shall be responsible for the maintenance of good order and discipline at the facility during the time of the booking as confirmed and at other times at which persons are at the facility in connection with the event being the subject of the booking.
The school reserves the right of entry for any duly authorised officer or servant of the school, Chief Constable or Chief Fire Officer having jurisdiction over the facility at any time to the facility and the right to remove any disorderly person or any article which in the opinion of the Director of Community is a potential source of damage or danger.
20. BREACH OF CONDITIONS
In the event of breach of any of the foregoing conditions by the hirer or their employees, agents, licensees or invitees the school reserves the right to cancel the booking forthwith at the discretion of the Community Director and the school shall not be liable to refund any part of the hiring fee to the hirer or be liable to the hirer or to any third party for compensation for any loss arising from such a cancellation.
21. BROADCASTING AND TELEVISION
The hirer may not carry out or allow or permit to be carried out any photography, filming, video recording, taping, television or radio broadcasts or any other recording of any kind during the period of hire without the prior written consent of the school. If such consent is given, the school reserves the right to be party to any negotiations and the terms and conditions of any agreements reached and to share any income and publicity derived therefrom
22. FEES AND CHARGES
The school reserves the right to increase its fees and charges for facilities annually on 1st April
It is the intention of the parties that no person not a party to this agreement shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.
The failure of the school at any time or times to require performance of any provision hereof shall not affect the school’s right to enforce such provision at a later time. No waiver by the school of any conditions or breach of any term covenant representation or warranty contained in these conditions in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or to be deemed to be construed as a waiver of the breach or any other term covenant representation or warranty in these conditions.
Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile transmission or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile or by electronic mail to the correct address.
In the event that any provision of these terms is declared by any judicial or any competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of the school it may be severed from these terms in which event the remaining provisions of these terms shall remain in full force and effect.
The parties are not partners or joint ventures nor are either party able to act as agent of the other save as authorised by these terms.