Hires and Bookings

Definitions

The Hirer - The person making the booking

The Trust - Eastleigh Youth & Community Trust (trading as 'Pavilion On The Park'), a registered charity (Charity Commission No 1154430 and a Limited Liability Company (Companies House Registration 8576533)

The Period Of Hire - The duration of the hire booked as shown on the booking form

The Premises - The Pavilion On The Park community centre, 1 Kingfisher Road. Eastleigh, Hants SO50 9LH

The Price Of Hire - The agreed price, to be paid by the Hirer for the Space Hired by the Hirer as shown on the booking form

The Responsible Contact - A named person who, on behalf of the Hirer, (a) has the authority to enter into this contract on behalf of the Hirer, and (b) has ultimate responsibility on behalf of the Hirer for ensuring that the terms of this agreement are adhered to by both the Hirer's own staff and volunteers, and any attendees present at the Hirer's event or hire during the Times Of Hire

The Key Holder - A nominated and trusted member of the Hirer's staff who is provided with keys to the Premises and is responsible for unlocking and later securing the Premises before and after the Period Of Hire

The Space Hired - The room(s) and/or hall(s) within the Premises hired by the Hirer from the Start Date, and during The Times Of Hire for the Period Of Hire as shown on the booking form

The Hire Start Date - The date on which the booked Hire commences and as shown on the booking form

The Times Of Hire - The duration(s) where the Space Hired is exclusively available to the Hirer during the Period Of Hire from the Hire Start Date as shown on the booking form

High Risk Events - These are bookings where the Space Hired will be used by the Hirer for the purposes of staging an event where two or more of the following apply: (a) where there are over 100 invited attendees at the event, (b) where alcohol is either served or available at the event, (c) where the event is to celebrate a birthday for ages 18 to 21, (d) where the event involves the hire of multiple spaces and/or rooms, (e) where the event is an event outside normal business hours, and (f) where the event is attended by members of the public and the Hirer neither knows the attendees nor how many of them there will be.



General Terms & Conditions

The facilities at the Premises are hired out on the basis that they are "left as they are found". As such, Hirers are responsible for both setting-up and packing-down any tables, chairs, etc that are used during the Times Of Hire.

Hirers are expected to respect these Terms & Conditions and leave the facility in a clean and tidy condition ready for the next hirer. If you arrive and find that the Space Hired has not been left in a satisfactory state please bring this to the attention of a member of Trust staff.

The Trust asks that you read these General Terms & Conditions very carefully to ensure that you understand them before your Hire Start Date.

By confirming your booking, the Hirer is automatically agreeing to these Terms and Conditions.

Failure to adhere to these Terms & Conditions may result in the Hirer facing additional financial penalties.

These Terms and Conditions apply to all hires as of 1st January 2024. The Trust reserves the right to change these Terms and Conditions at any time. Such changes will automatically apply to any new hire, and may also affect existing Hirers subject to agreement between the Trust and the Hirer concerned.

The Hirer, or alternatively, the Responsible Contact named on the Booking will be responsible for ensuring that these terms and conditions are adhered to during the Times Of Hire by the Hirer, its staff, volunteers or attendees.

If the Responsible Contact is not present at the Premises during the Times Of Hire then the Responsible Contact must ensure that an alternative individual from the Hirer's organisation is present and has full authority to act on behalf of the Hirer.

The Hirer agrees to supply the name and contact details of such alternative individual to the Trust in good time prior to the Hire Start Date.



Consumption Of Alcohol On The Premises

Alcohol may be brought onto the premises for private consumption. If alcohol is to be sold on the premises, the hirer must obtain a Temporary Event Notice from the relevant licensing authority authorising the sale of alcohol.

The Hirer agrees to adhere to all regulations detailed on the Temporary Event Notice. A copy of the Temporary Event Notice must be provided to the Trust in good time prior to the Hire Start Date.

The Hirer agrees to ensure that no alcohol will be consumed by under 18s.



Recreational Drug Use

The Hirer agrees that no drugs will be consumed by anyone on the premises for recreational purposes.


Smoking

The Hirer agrees that no smoking will be permitted in the building and that smokers will be at least 4 meters away from any entrances or open windows to the Premises.



Children Under 18 Years Of Age

As the Hirer, you are responsible for the supervision and general safety of all children (under the age of 18 years) connected with your hire (whether they be volunteers, attendees, members of the public or whomever) whilst they are on the premises. You agree that the legally required number (based on the number of children present at any time) of suitably qualified, experienced and authorised adults will be on the premises throughout the Times Of Hire to carry out such supervision.

You must ensure that any activities for children under 18 years of age comply with the provisions of the Children Act of 1989 and that the relevant checks (eg. DBS) have been carried out on people with unsupervised access to the children.

As the Hirer, you are responsible for safeguarding children and/or vulnerable adults, and for any organised activity you must have a procedure in place for safeguarding children and/or vulnerable adults.

You must take all reasonable steps to keep children out of those parts of the facility that might present a potential danger to them (eg. the kitchen) unless they are supervised by a suitably qualified, experienced and authorised adult.



Other Hirers

The Hirer accepts that other hirers may be using other facilities at the Premises during the course of their own occupancy, and that they may be asked to share all or some communal areas.

As the Hirer, you agree to be respectful to other hirers, their staff, volunteers or attendees at all times.



Hire Management

The Hirer must ensure that the Times Of Hire booked allows sufficient time for setting up before the event, in particular for the set-up of any booked entertainment and for clearing away and/or cleaning after the event.

No naked flames, fireworks (indoor or outdoor), or smoke machines are permitted on the Premises.

Henna, dye or paint must be used with caution to protect flooring, fittings and furniture. The Hirer agrees to notify the Trust in good time prior to the Hire Start Date if their hire involves any of these substances. Any costs incurred in the removal of such substances from the fabric or infrastructure of the Premises will be additionally chargeable to the Hirer. See Section Damage & Deposit for further details.

The Hirer must ensure that chairs, tables and other equipment are arranged in such a way as to allow free and easy access to the fire exits and with consideration for people’s safety in moving around them.



The Hirer As A Keyholder

In certain circumstances the Trust, at its own discretion, will authorise the Hirer to be a Key Holder of the Premises so that the Hirer's staff, volunteers and attendees may access the building without requiring the presence of Trust staff.

Should the Trust authorise the Hirer as a Key Holder, and the Hirer accept the associated responsibilities of such a position, the Hirer agrees to the following:

(a) That the Hirer nominates one person as the Key Holder who is both trustworthy and who will be responsible, on behalf of the Hirer, for unlocking and then later securing the Premises before and after the Period Of Hire.

(b) To advise the Trust of the name and contact details of the Key Holder in good time prior to the Hire Start Date, and to further advise the Trust of any changes to the Key Holder during the Period Of Hire.

(c) The Hirer agrees not to duplicate, disseminate, or to entrust to any other person other than the Key Holder, the keys and/or alarm codes to the Premises.

(d) To ensure that, at all times during the Times Of Hire and the Period Of Hire, the proper processes are followed in opening and securing the Premises, as advised by the Trust prior to the Hire Start Date. In particular:

- Disabling the alarm system upon entry, and enabling it upon exit
- Checking that all windows and doors are secured upon exit
- Making sure that all lights (apart from automatically activated security lights) are turned off within the building upon exit
- Advising the Trust duty manager of any problems or issues as soon as possible

The Hirer agrees to indemnify the Trust against any losses, howsoever incurred, as a direct result of the Hirer's failure to properly secure the Premises according to the above requirements (a) to (d).

Failure to adhere to the obligations (a) to (d) above will be considered a serious breach of this Agreement by the Hirer, as it is likely to invalidate the Trust's insurance of the Premises.



Additional Services Required By The Hirer or The Trust

Should the Hirer wish to hire additional equipment or purchase additional services (e.g. extra cleaning) as part of their hire then these should be specified on the booking form and will be charged according to the published prices.

Should the Hirer make a booking for the purposes of staging a High Risk Event the Trust may require the Hirer to purchase additional services to minimise the risk to the Hirer, event's attendees, the Trust staff and/ or the Premises during the Times Of Hire. The Hirer must agree to the purchase of the required additional services before the booking can be accepted.

Additional services might be (a) An increased presence of Trust staff during the Times Of Hire, (b) The provision of professional on-site security personnel during the Times Of Hire, (c) The provision of additional cleaning services after the Times of Hire is over, (d) The provision of marshalling staff around the Premises during the Times Of Hire, and (e) any other service deemed necessary by the Trust management to safeguard the Premises and its occupants.



Venue Access

The Hirer is responsible for supervising their own (and those of their staff, volunteers or attendees) car parking arrangements at the Premises in order to avoid any obstruction or nuisance to local residents or other hirers.

Trust staff will open up the Premises for the Hirer and be present at the Premises at the start of the Times Of Hire

On arrival the Hirer will be given information on fire safety and evacuation.

If an emergency situation arises during the Hirer's Times Of Hire the Hirer should contact the Trust's duty manager immediately. Contact numbers for the duty manager can be found in both foyer entrances to the Premises and in the first aid boxes located on the wall in those locations.

At the end of the Times of Hire, and if the Hirer is not an authorised Key Holder, Trust staff will return to safely see the Hirer, its volunteers and/or attendees off the Premises. Please let the Trust staff attending the Premises if you faced any problems during your Times of Hire, or if there has been any damage caused to the Premises, its fixtures, fittings or equipment during your Times Of Hire. Please note that the Trust are more likely to accept no-fault damage if the Hirer informs the Trust about it immediately. Any damage found after the event and not reported to Trust staff will be automatically chargeable to the Hirer.

If the Hirer leaves before the end of the Times Of Hire it is the Hirer's responsibility to contact Trust staff to advise the early departure. In such circumstances, and should the Hirer not advise the Trust of an early departure, the Hirer agrees to indemnify the Trust against any losses incurred, howsoever caused, as a result of the Premises being left unsecured and unattended.



Use Of Outside Agencies or Sub-Contractors

It is The Hirer's responsibility to make sure that any outside agencies employed during the Hirer's Times Of Hire (such as catering companies, bands, DJs, etc) have:

- Ensured that any electrical equipment brought onto the Premises have been PAT (Portable Appliance Testing) tested within the last 12 months and display the necessary green PAT 'Test Passed' label.

- Ensured that the outside agency has valid public liability insurance and all appropriate licenses required for the Period of Hire, or alternatively that such activities undertaken by the outside agency or sub-contractor is covered by the Hirer's own insurance and/or licences.

- Ensured that, if food is prepared, served, sold or consumed by such an outside agency or sub-contractor, all relevant food, health and hygiene regulations are observed.



Responsible Care Of The Space Hired & Other Shared Areas

As the Hirer, you agree that you are responsible for the reasonable care and supervision of the Space Hired and other shared areas of the Premises which you, or any of your staff, volunteers or attendees may use during the Times Of Hire (e.g. toilets, hallways, reception area, etc), including the behaviour of all such persons attending the Space Hired during the Times Of Hire.

The Hirer further agrees to ensure that the Hirer's staff, volunteers or attendees will behave with propriety and due regard to the care of the Premises and immediate surrounding area.

It is also expected that the Hirer's staff, volunteers or attendees treat any on-site Trust staff or volunteers with respect at all times. The Trust does not tolerate abuse of any kind and reserves the right to require any person to leave the premises who, in the Trust's opinion, demonstrates unacceptable behaviour of this nature.



Risk Assessments & Public Liability Insurance

For High Risk Events the Hirer agrees to ensure that the appropriate Risk Assessments have been carried out for their planned activities, and that these are made available to Trust staff in good time prior The Times Of Hire.

For High Risk Events the Hirer agrees to provide the necessary Public Liability and/or Event insurance, of not less than £2,000,000, for their event during the Times Of Hire, and to make evidence of such insurance available to Trust staff in good time prior The Times Of Hire.

The Hirer shall have liability for, and shall indemnify the Trust against, any loss, liability, costs (including reasonable legal costs), damages or expenses arising from the Hirer's failure to arrange any necessary Public Liability insurance.

Should any additional services be required or deemed necessary by the Trust to safeguard the Premises or its staff and/or volunteers (e.g. additional on-premises Trust staff during the Times Of Hire or additional security personnel) these will be discussed with the Hirer and charged accordingly.



Damage & Deposit

The Hirer agrees to be responsible for any damage, howsoever caused, by the Hirer, their staff, volunteers or attendees during the Times Of Hire to the Premises, and/or Its fixtures and fittings, and/or equipment owned by either the Trust or other Hirers which are either used or stored on Premises.

The Hirer agrees to provide the Trust with details of a valid credit card at the time of booking, or as soon as practically possible thereafter (but in any event in good time prior to the Hire Start Date), from which the Trust will charge the cost of making good any damage caused by the Hirer as described above up to the value of £150.

If the Hirer fails to provide the Trust with details of a valid credit card in good time prior to the Hire Start Date then the Trust reserves the right to cancel the Hirer's booking according to the Cancellation Prior To The Hire Start Date section below.

Should such damage occur in the manner described above, the Trust will provide the Hirer with evidence of the damage (e.g. photographic, CCTV footage, physical inspection by the Hirer) and a written breakdown of the repair and/or replacement costs. The Hirer will have a period of up to seven calendar days to review the evidence and repair/replacement cost breakdown before any repair/replacement charges are deducted from the Hirer's credit card.

The Trust agrees that any charges for making good damage caused in the manner described above will be at cost and will be appropriate to the nature of the damage, including how quickly (or otherwise) repair or replacement is necessary to ensure the safety of the Premises, its staff, volunteers and members of the public.

Should the Hirer dispute either the provided evidence or cost breakdown then an independent assessor, acceptable to both parties, may be appointed at the expense of the Hirer. Both the Hirer and the Trust agree to accept any decision made by the independent assessor's arbitration of the dispute.

Should any damage caused in the manner described above be substantial, the cost of making good therefore exceeding £150, then the Trust will pursue the matter with the Hirer separately. Whilst the Trust will always aim to settle the matter of substantial damage caused in the manner described above amicably with the Hirer, it reserves the right to take legal action against the Hirer should an agreed settlement not be forthcoming.



Accidents

As the Hirer, you agree to report any accident involving an injury to your staff, volunteers, attendees or any other member of the public present in the Space Hired during the Times Of Hire as soon as is practically possible.

Accident reports should be made to the Trust's Caretaker, if on the Premises at the time or shortly afterwards, or otherwise to the Trust's duty manager by phone using the contact number advertised on the reception desk or otherwise provided.



Cancellation Prior To The Hire Start Date

Liability On Cancellation

Both parties agree that neither party will be liable for any costs (other than the cancellation fees described below) or loss of income, howsoever caused, incurred by either party should this Agreement be cancelled by either party prior to the Hire Start Date.


Cancellation By The Trust

This Agreement may be cancelled by the Trust at any time prior to the Hire Start Date for any legitimate reason, operational or otherwise, by advising the Hirer of such a cancellation in writing. The Trust will explain the reasons for cancellation to the Hirer.


Cancellation By The Hirer

This Agreement may be cancelled by the Hirer prior to the Hire Start Date for any reason by serving notice on the Trust of such a cancellation. Should this Agreement be cancelled in the manner described above the following cancellation charges will apply:

- If notice of cancellation is served on the Trust more than 30 days before the Hire Start Date a cancellation fee of 50% of the total Price Of Hire is due

- If notice of cancellation is served on the Trust less than 30 days before the Hire Start Date a cancellation fee of 100% of the total Price Of Hire is due



Entire Agreement

Each party to this Agreement on behalf of itself acknowledges and agrees with the other party that this Agreement, together with any documents referred to in it, constitute the entire Agreement and understanding between the Trust and the Hirer and supersedes any previous Agreement between them relating to the hire covered by this agreement.


Force Majeure

If the performance by either the Trust or the Hirer of any obligation under this Agreement (except a payment obligation) is delayed or prevented by circumstances beyond the reasonable control of either of the Parties, neither the Trust nor the Hirer (as the case may be) will be in breach of this Agreement because of that delay in performance.

However, if the delay in performance lasts for more than three months, either party may terminate this Agreement with immediate effect.

In case of force majeure such a notice of termination shall be communicated to the counterparty in writing upon presentation of the required documentary evidence.

Force majeure is expressly not understood as the failing or untimely fulfilment by a third party of the obligations of this third party vis-à-vis one of the parties, unless the third party in question demonstrates that the failing or untimely fulfilment of its obligations can be blamed on force majeure.



Governing Law & Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement or its subject matter or formation.