- Hire party
2. HIRE DETAILS
- Dates required
- Hire fee
- Purpose of hire
- Total number of people
- Throughout this Agreement:
- the Literary Institute Cultural Hub (known as ‘@ the Lit’) named in clause 1 is referred to as “we”; “our” is to be construed accordingly and “we” and “us” mean and include ‘@ the Lit’s Charity Trustees, employees, volunteers, agents and invitees
- the person or organisation named in clause 2 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 Lit’s Hire Sub-Committee or, if the Hire Sub-Committee is not available, any of our Charity Trustees.
- The details inserted in clauses 1 to 2.5 are Terms of this Agreement. This Agreement includes the Conditions of Hire outlined in clauses 4 to 30 and the Special Conditions of Hire (if any) set out in clause 31.
- If you are in any doubt as to the meaning of any of the clauses and conditions in this Agreement, you must seek clarification from us without delay.
4. PERISSION TO HIRE
- In consideration of the hire fee described in clause 2, we agree to permit you to use the premises described in clause 2.3 for the purpose described in clause 2.4 for the period(s) described in clause 2.1.
- You agree not to exceed the maximum permitted number of people per room including the organisers/performers set out in clause 5.
5. PAYMENT OF DEPOSIT AND HIRE FEE
- You must pay as a deposit, the amount stated above at the time you sign this Agreement, to secure your booking. You must pay the balance of the booking fee on or before the conclusion of the event for which you hire the premises. Provided that no damage or loss has been caused to the premises and/or contents, nor complaints made to us about noise or other disturbance during the period of the hiring as a result of the hiring, no further payment is required.
- If damage or loss has been caused to the premises and/or contents, or complaints have been made to us about noise or other disturbance, the deposit amount as a minimum, will be further invoiced to you to cover damages.
- Where possible, all payments should be made via on-line banking
6. USE OF PREMISES
- You must not use the premises (including the garden space) for any purpose other than that described in clause 4.
- You must not sub-hire or use the premises for any other purposes.
- You must not 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.
- You must not allow the consumption of alcohol without our written permission.
- 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.
- You agree with us to be present (by your authorised representative, if appropriate) during the hiring and to comply fully with this Agreement.
- During the period of the hiring, you are responsible for:
- supervision of the premises, the fabric and the contents;
- care of the premises, safety from damage however slight or change of any sort; and
- 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.
8. LICENCES & PERMISSIONS
- Please see Hire Policy & Procedure for details of when Licence Permission is required.
- This Agreement gives permission to you for a performance of live music, the playing of recorded music, or an exhibition of a film but only in accordance with the Deregulation Act 2015.
- You agree that if regulated entertainment outside of the Deregulation Act 2015 is to be held you will obtain our consent to give notice of a TEN (Temporary Events Notice) to the licensing authority.
- 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. The Deregulation Act 2015 requires you to have our written permission to show a film. This Agreement confers that permission.
- Music: You must ensure that you hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL). 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.
- Alcohol: You agree to obtain our consent to give notice of your intention to provide alcohol at the event and to give notice of a TEN (Temporary Events Notice) to the licensing authority.
- If you fail to comply with clauses 3 to 8.6, we will cancel the hiring without compensation. This is because 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.
9. PUBLIC SAFETY COMPLIANCE
You must call the Fire Service to any outbreak of fire, however slight, and give details to the named person in this Agreement, or an alternative contact we have provided you with.
By signing this Hire Agreement, 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 building.
- 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.
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 time the premises are occupied (if not operated by an automatic mains failure switching device).
10. INSURANCE AND INDEMNITY
You are liable for:
- 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
- the cost of repair of any damage (including accidental and malicious damage) done to our WiFi service
- 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, and
- 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,
- We will take out adequate insurance to insure the liabilities described in clauses 1.1 and 10.1.2 and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in clauses 10.1.3 and 10.1.4. We will claim on our insurance for any liability you incur but you must indemnify us against:
- any insurance excess incurred and
- the difference between the amount of the liability and the monies we receive under the insurance policy.
- Where we do not insure the liabilities described in clauses 1.3 and 10.1.4, 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 Hire Sub-Committee. 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.
- 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).
12. 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.
- 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.
14. DRUNK AND DISORDERLY BEHAVIOURS AND SUPPLY OF ILLEGAL DRUGS
- You must ensure that in order to avoid disturbing neighbours of the hall and avoid violent or criminal behaviour:
- no one attending the event consumes excessive amounts of alcohol
- 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.
15. 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. This is your responsibility at all times and we will not be held accountable for any malpractice.
16. 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.
17. 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:
- 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
- your failure to dispose of any property brought on to the premises for the purposes of the hiring.
- You must comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder and must not allow anyone to use electronic cigarettes on the premises. 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.
19. 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 (located in the main corridor outside the kitchen).
- You must report certain types of accident or injury on a special form to the Incident Contact Centre. Our Hire Sub-Committee 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).
20. EXPLOSIVES AND FLAMMABLE SUBSTANCES
- You must ensure that:
- highly flammable substances are not brought into, or used in any part of the premises.
- no internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.
- 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.
- You must ensure that Guide dogs, Hearing dogs and assistance dog owners are allowed on the premises.
23. 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.
24. 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.
25. WIFI SERVICES
When using the WiFi service you agree at all times to be bound by the following provisions:
- not to use the WiFi service for any for the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
- 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;
- interfering with any other persons use or enjoyment of the WiFi service; or
- making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;
- 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.
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 Conditions of Hire including without limitation:
- if you use any equipment which is defective or illegal;
- if you cause any technical or other problems to our WiFi service;
- if, in our opinion, you are involved in fraudulent or unauthorised use of our WiFi service;
- if you resell access to our WiFi service; or
- if you use our WiFi service in contravention of the terms of these Standard Conditions.
Availability of WiFi Services
- 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.
- 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 demised premises of ‘@ the Lit’.
- 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
- We manage and retain personal data and respects the privacy of our users (in electronic and paper format). Our Privacy and Data Protection Policy (found https://atthelit.org/privacy-gdpr-policy/) lays out what information we will gather, where it comes from, how we will use it and how we will keep it secure. This policy is used to:
- ensure the Lit Trust comply with data protection legislation the General Data Protection Regulation (GDPR) which applied in the UK from 25 May 2018;
- ensure we respect the privacy of data held by the Lit Trust and electronically, including our website.
- We may collect and store personal data through your use of our WiFi service.
- 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. Again, not sure if we can do this and how we would actually do it. May need to speak to our wifi provider once it is in place.
- If you wish to cancel the booking before the date of the event and we are unable to conclude a replacement booking, we may, in our complete discretion, return the deposit or 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.
- Community centres/hubs like ‘@ the Lit’ are usually held on strict trusts which require the management committee to ensure that the space 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. This right applies only where the hirer is a commercial entity. 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.
28. END OF HIRE
- Your hire ends on the date and time stated in this Hire Agreement and you must allow enough time in your hire period to carrying the tasks in clauses 28.2, 28.3 and 28.4.
- You are responsible for leaving the premises and surrounding area in a clean and tidy condition, swept clean, with all lights switched off, 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.
- Waste and rubbish created by your team and/or attendees of your event, must be removed at the end of each hiring or we will charge removal fees.
- You must check that all taps in the lavatories and kitchen are turned off, make sure the lavatories are clean, that the refrigerator is empty and clean if you have used it, and any cups, plates etc. that you have used are washed, dried and put away.
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.
- You must not restrict access to the premises and must allow our trustees and volunteers full and free access to the premises at all times.
31. Special Conditions
- I/We accept the terms set above.
- We and you agree that the Conditions of Hire set out in this Agreement 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.
- 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.
- You, not being a person under 18 years of age, accept responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all Conditions under this Agreement relating to management and supervision of the premises are met.