Booking the Hall - Hire Agreement

ACRE Model Hiring Agreement – 2016 Edition

This document is a modification of a Model Hiring Agreement provided for Village Halls by ACRE (Action with Communities in Rural England). Byfield Village Hall Management Committee informs hirers of the Hall that by signing an agreement to use the Hall they are entering into a contract that could be used in evidence should legal action become necessary.

DATED 27 November 2016

PARTIES

(1) Byfield Village Hall Management Committee, referred to as BVHMC
(2) The person or organisation hiring the Hall as shown on the Booking Form

AGREED as follows:

1. Throughout this Agreement:
• Byfield Village Hall where referred to as “we”; “our” is to be construed accordingly and
“we” and “us” mean and include the Village Hall’s charity trustees, employees, volunteers, agents and
invitees
• the person or organisation named as hirer on the Booking Form is referred to as “you”; and “your” is to be construed
accordingly; “you” also includes the members of your management committee (if appropriate), your
employees, volunteers, agents and invitees
• where you must seek our consent, tell us about something or give us something, you must speak to
and seek consent from the Reservations Secretary or, if the Reservations Secretary is not available, any of our Trustees

2. In consideration of the hire fee described in the booking arrangements, we agree to permit you to use the premises for the purpose described and for the times described in the Booking Form. The details inserted in sub-clauses 2.1 to 2.6 below and the answers to the questions in sub-clauses 2.7 to 2.11 are terms of this Agreement. This Agreement includes the annexed Standard Conditions of Hire and the Special Conditions of Hire (if any) set out in the attached Schedule.

2.1 Date(s) required: these are the dates and times entered on the completed booking form

Day(s) Month

Time required (Hours) From

Preparation

2.2 Village Hall

(a) Registered Charity No: 293639
(b) Authorised Representative Mrs Barbara Edmunds
Address 18 Lovett Road, Byfield, Daventry NN11 6XF
Telephone Numbers & Email 01327 262106 barbaracupcake@gmail.com

2.3 Hirer: as named on the booking form where contact details are also entered

(a) Name
(b) Organisation
(c) Name of Organisation’s Authorised Representative
Address, Telephone Numbers & Email

2.4 Hire Fees: as indicated on the booking form with reference to charges shown there and deposit to be paid. Note the deposit paid is not refundable.

Optional additional condition for use with commercial hirers:

“Village halls are usually held on strict trusts which require the management committee to ensure that the hall is administered in accordance with those trusts. Accordingly we are bound to preserve and hereby reserve the right to terminate this Agreement by not less than seven days’ notice in writing to you in the event of the hall being required on the same date/time for the fulfilment of its charitable purposes.

In the event of such termination by us, we will refund to you all monies paid by you to us. We will not, however, be liable to make any further payment to you in respect of expenses, costs or losses incurred directly or indirectly by you in relation to any such termination.”

2.5 Premises

The booking agreement covers the part(s) of the premises specified on the booking form

2.6 Purpose/description of hiring: these purpose are specified on the booking form

2.7 Will tickets be sold for your event? Yes / No

2.8 Is food to be provided at the event? Yes / No

2.9 Is alcohol to be provided at the event? Yes / No

2.10 Will there be exhibition of a film? Yes / No

2.11 Will live music be performed or
recorded music played? Yes / No

3. You agree not to exceed the maximum permitted number of people per room including the organisers/performers

Main hall plus Side Annex: 180 persons seated, 280 persons standing

Lower Annex: 32 persons seated, 50 persons standing
4. The hall does have a licence:

with the Performing Right Society (PRS) for the performance of copyright music

from Phonographic Performance Licence (PPL).
4.1 We have a Premises Licence authorising entertainment and the sale of alcohol. You hereby acknowledge 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 agree to apply with all obligations therein. If we believe that a Temporary Event Notice (TEN) would be in our best interests for this hiring, we can require you to give notice of a TEN.

There is a limit on the number of TENs that can be granted annually for any premises. Lack of co-operation could
affect future fundraising by us and by local voluntary organisations.

5. You agree with us to be present (by your authorised representative, if appropriate) during the hiring and to comply fully with this Agreement.

6. We and you hereby agree that the Standard Conditions of Hire (see below), together with any additional conditions imposed under the Premises Licence or that we deem necessary, form part of the terms of this Agreement unless we and you agree in writing.

7. 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.

as signed on the booking form, duly authorised by BVHMC

as signed by the Hirer as described on the Booking Form


Standard Conditions of Hire


If you are in any doubt as to the meaning of any of the Conditions, you must seek clarification from us without delay.
1. Age
You, not being a person under 18 years of age, hereby accept responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all Standard Conditions under this Agreement relating to management and supervision of the premises are met.
2. Supervision
During the period of the hiring, you are responsible for:
(i) supervision of the premises, the fabric and the contents;
(ii) care of the premises, safety from damage however slight or change of any sort; and
(iii) 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 us, you must 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.
3. Use of premises
You must not use the premises, including the car park, for any purpose other than that described in the Agreement and must not sub-hire or use the premises or allow the premises to be used for any unlawful or unsuitable purpose or in any unlawful way nor do anything or bring on to the premises anything which might endanger the premises or render invalid any insurance policies covering the premises nor allow the consumption of alcohol without our written permission.
4. Insurance and indemnity
(i) You are liable for:
(a) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents
(b) the cost of repair of any damage (including accidental and malicious damage) done to our WiFi service (if any: there is no WiFi in Byfield Village Hall)
(c) all claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment) and your use of our WiFi service (if any), and
(d) all claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises and/or the use of our WiFi service (if any), and subject to sub-clause (ii), you must indemnify us against such liabilities.
(ii) We will take out adequate insurance to insure the liabilities described in sub-clauses (i)(a) and (b) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) above. We will claim on our insurance for any liability you incur but you must indemnify us against:
(a) any insurance excess incurred and
(b) the difference between the amount of the liability and the monies we receive under the insurance policy.
(iii) Where we do not insure the liabilities described in sub-clauses (i)(c) and (d) above, you must take out adequate insurance to insure such liability and on demand must produce the policy and current receipt or other evidence of cover to our Hall Secretary. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.
We are insured against any claims arising out of our own negligence.
5. Gaming, betting and lotteries
You must ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.
6. Music Copyright licensing
You must ensure that we hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, you must hold such licence(s).
7. Music
You must have our written permission for performance of live music and the playing of recorded music under the Deregulation Act 2015. This Agreement confers that permission.
8. Film
You must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must ensure that you have the appropriate copyright licences for film. This Agreement confers the required permission on you. (The Deregulation Act 2015 requires you to have our written permission to show a film).
9. Safeguarding children, young people and vulnerable adults
You must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide us with a copy of your Safeguarding Policy and evidence that you have carried out relevant checks through the Disclosure and Barring Service (DBS).
10. Public safety compliance
You must comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and our 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. You must also comply with our health and safety policy.
You must call the Fire Service to any outbreak of fire, however slight, and give details to our Hall Secretary.
(i) You acknowledge that you 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 hall.
• 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.
• Location of the first aid box.
(ii) In advance of any activity whether regulated entertainment or not you must check the following items:
• That all fire exits are unlocked and panic bolts are in good working order.
• That all escape routes are free of obstruction and can be safely used for instant free public exit.
• That any fire doors are not wedged open.
• That exit signs are illuminated.
• That there are no fire-hazards on the premises.
That emergency lighting supply illuminating all exit signs and routes are turned on during the whole of the time the premises are occupied (if not operated by an automatic mains failure switching device).

11. Noise
You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. You must, 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.
12. Drunk and disorderly behaviour and supply of illegal drugs
You must ensure that in order to avoid disturbing neighbours of the hall and avoid violent or criminal behaviour:
(i) no one attending the event consumes excessive amounts of alcohol
(ii) no illegal drugs are brought onto the premises.
Drunk and disorderly behaviour is not permitted either on the premises or in its immediate vicinity. We will ask any person suspected of being drunk, under the influence of drugs or who is behaving in a violent or disorderly way to leave the premises in accordance with the Licensing Act 2003.
13. Food, health and hygiene
You must, 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 and thermometer.
14. Electrical appliance safety
You must ensure that any electrical appliances brought by you to the premises and used there are 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 you must make use of it in the interests of public safety.
15. Stored equipment
We accept 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 we will charge fees each day or part of a day at the hire fee per hiring until the same is removed.
We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:
(i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended
(ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.
16. Smoking
You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. We will ask any person who breaches this provision to leave the premises. You must ensure that anyone wishing to smoke does so outside and disposes of cigarette ends, matches etc. in a tidy and responsible manner, so as not to cause a fire. There is a purpose built receptacle on the wall to the right of the main exit on entry to the foyer.
17. Accidents and dangerous occurrences
You must report to us as soon as possible any failure of our equipment or equipment brought in by you. You must report all accidents involving injury to the public to us as soon as possible and complete the relevant section in our accident book. You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Hall Secretary will give assistance in completing this form and can provide contact details of the Incident Contact Centre. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Incident forms will be found in the two First Aid boxes, one in the bar area of the Main Hall in the cupboard by the sink, and the other in the Lower Annex under the sink.
18. Explosives and flammable substances
You must ensure that:
Highly flammable substances are not brought into, or used in any part of the premises.
(ii) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.
19. Heating
You must ensure that no unauthorised heating appliances are used on the premises when open to the public without our consent. You must not use portable liquefied propane gas (LPG) heating appliances.
20. Animals
You must ensure that Guide dogs, Hearing dogs and assistance dog owners are allowed on the premises.
21. Fly posting
You must not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and must indemnify and keep indemnified us accordingly against all actions, claims and proceedings arising from any breach of this Condition. If you fail to observe this Condition you may be prosecuted by the local authority.
22. Sale of goods
You must, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, you must ensure that the total prices of all goods and services are prominently displayed, as must be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.
23. WiFi Services 
When using the WiFi service you agree at all times to be bound by the following provisions:
(i) not to use the WiFi service for any for the following purposes:
(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
(b) transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
(c)interfering with any other persons use or enjoyment of the WiFi service; or
(d) making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;
(ii) to keep any username, password, or any other information which forms part of the WiFi service security procedure confidential and not to disclose it to any third party.
24. Termination of the WiFi service
We have the right to suspend or terminate our wifi service immediately in the event that there is any breach of any of the provisions of these Standard Conditions including without limitation:
(i) if you use any equipment which is defective or illegal;
(ii) if you cause any technical or other problems to our WiFi service;
(iii)if, in our opinion, you are involved in fraudulent or unauthorised use of our WiFi service;
(iv) if you resell access to our WiFi service; or
(v) if you use our WiFi service in contravention of the terms of these Standard Conditions.

25. Availability of WiFi Services
(i) Although we aim to offer the best WiFi service possible, we make no promise that the WiFi service will meet your requirements. We cannot guarantee that our WiFi service will be fault-free or accessible at all times.
(ii) It is your responsibility to ensure that any WiFi enabled device used by you is compatible with our WiFi service and is switched on. The availability and performance of our WiFi service is subject to all memory, storage and any other limitations in your device. Our WiFi service is only available to your device when it is within the operating range of the main hall.
(iii) We are not responsible for data, messages, or pages that you may lose or that become misdirected because of the interruptions or performance issues with our WiFi service or wireless communications networks generally. We may impose usage, or service limits, suspend service, or block certain kinds of usage in our sole discretion, to protect other users of our WiFi service. Network speed is no indication of the speed at which your WiFi enabled device or our WiFi service sends or receives data. Actual network speed will vary based on configuration, compression and network congestion.
26. Privacy and Data Protection
(i) We may collect and store personal data through your use of our WiFi service.
(ii)We may process all information about you which is provided in relation to our WiFi service in accordance with your legal rights under the Data Protection 1998 and solely for the purposes of offering the WiFi service.
(iii)By using our WiFi service, you agree to the terms of this clause 26.  Our WiFi service is owned and funded by Byfield Parish Council.  If you would like more information or object to anything in these conditions, you should speak to the Parish Council.
When using the WiFi service the Hirer agrees at all times to be bound by the following provisions:
(a) not to use the WiFi service for any for the following purposes:
(i) disseminating any unlawful, harassing ,libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
(ii) transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
(iii) interfering with any other persons use or enjoyment of the WiFi service; and
(iv) making, transmitting or storing electronic copies of material protected by copyright without permission of the owner
(b) to keep any username, password, or any other information which forms part of the WiFi service security procedure confidential and not to disclose it to any third party.
27. Cancellation
If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we will, at our complete discretion, require payment of the hire fee.
We reserve the right to cancel this Agreement by giving you written notice in the event of:
the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
our reasonably considering that (a) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (b) unlawful or unsuitable activities will take place at the premises as a result of this hiring;
the premises becoming unfit for your intended use;
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 you will be entitled to a refund of any deposit already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.
28. End of hire
You are 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 we may make an additional charge.

29. No alterations
You must not make any alterations or additions to the premises nor install or attach any fixtures or placards, decorations or other articles in any way to any part of the premises without our prior written approval. In our discretion, any alteration, fixture or fitting or attachment which we have approved may remain in the premises at the end of the hiring. Such items will become our property unless you remove them and you must make good to our satisfaction any damage you cause to the premises by such removal.

30. No rights
This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on you.