Venue Hire Terms & Conditions

Declaration to the Governors’ and Headmistress of Withington Girls’ School 

I / We hereby agree: 

1. To indemnify Withington Girls’ School and the Governors against the consequences of any unauthorised performance of a copyright work during the period of use of the School and to complete the returns. 
2. To pay the Lettings Fee in advance of the booking (or at the time of the booking) or within 14 days from invoice date. If payment is not made by the date due, the School (on behalf of the Governors), has the right to cancel all further bookings. 
3. During the period of the hiring the hirer shall be held responsible for all damages, losses,  claims and costs arising out of the use of the premises and shall indemnify the School and Governors for any claims arising from accidents whether fatal or otherwise to any employee or agent of the School and to any member of the public and to any third parties, caused as a result of the hiring except where due to the negligence of the School, its servants or agents.  Proof of Public Liability Insurance of a minimum of £10 million is to be produced prior to booking commencing. 

4.1 To adhere in full to the regulations applicable to the hire of School facilities (notified separately) but in particular: 

a. To provide competent instructors/supervisors suitable for the activity for which the letting is made and to ensure such persons are present throughout the whole lettings period. 

b. No interference with School equipment/premises which do not form part of the Letting. 

c. Intoxicants or hazardous chemicals may not be brought onto the premises without prior authority from the Bursar. 

d. No preparations may be applied to floors. 

e. No fires and no interference with heating equipment. 

f. Electrical appliances are to be safe and carry a current Safety Test certificate/label as required by law. 

g. The premises shall be vacated on time and left in a tidy condition. 

h. Any dangerous incident, injury or damage to School property to be reported to Site staff. 

4.2 Where the outdoor sports facilities will be used the hirer will ensure that the following conditions are met: 

a. No studs are to be worn on the all-weather pitch. 

b. There is no direct access from the grass pitch to the all-weather pitch – participants are required to walk round to the main entrance opposite the netball courts.   

c. If participants are using the grass pitch and the all-weather pitch, two different pairs of trainers are required.  

d. A decision will be made on the day by Site staff as to whether the grass pitch is in good enough condition to be used.   
 

5. The premises shall not be hired to any organisation which, in the opinion of the Governors, has racist policies. 

6. If the hirer cancels the hiring for any of the dates shown overleaf, the Governors will be entitled to retain or demand the whole of the lettings fee in respect of the cancelled hiring.  Provided always that if the notice of a cancellation is received by the Governors or their agent at least 7 days before the hiring was to take place, then the Governors may at their absolute discretion, repay/waiver the hirer an amount not exceeding 90% of the letting fee. 

7. School activity, in all cases, takes priority over lettings which may in some cases have to be cancelled.  Where this is so, no liability can be taken by the School or the Governors for any consequential loss incurred by the hirer. 

8. This booking application must be completed in full and signed and dated where indicated. No alteration may be made to the wording of the above Conditions of Lettings.

Terms & Conditions of Use

1. Definitions

1.1 In these Terms and Conditions:

Activities means the activities (stated on the Booking Form) carried out by the Third Party for the duration of the Hire Period on the School Premises;

Booking Form means online booking form or hard copy thereof;

Company means Withington Girls School and also (where the context permits) its assigns and any sub-contractor for the Company;

Contract means the contract between the Third Party and the Company comprising the Booking Form and Terms and Conditions of Use and codes of conduct entered into upon the Company notifying the Third Party that it has accepted the booking;

Equipment means any equipment under the ownership, possession or control of the Company or otherwise present on the Facilities that is made available to the Third Party or to which the Third Party has access for use in connection with the Activities;

Event of Force Majeure means, as regards a party, the occurrence of circumstances beyond the reasonable control of that party including (without limitation) industrial action, strikes, lockouts, blockades, riots, act of war, piracy, destruction of essential Equipment by fire, explosion, unfitness of playing fields for use, flood, earthquake, failures of, shortages in or a loss of access of Equipment, power, supplies, fuel or transport facilities at the Facilities;

Expiry Date is the date of completion of the hire period set out on the Booking Form;

Facilities means the part of the School Premises stated on the Booking Form;

Facilities Staff means any employee or representative of the Company and the Company's sub-contractors with responsibility for the School Premises and Equipment;

Hire Charge means the cost of hiring the Facilities and (where appropriate) the Equipment as specified in the Booking Form together with any additional charges or costs incurred due to loss or damage for which the Third Party is responsible for, and Hire Charges shall be construed accordingly;

Hire Period means any and all periods of time during which the Third Party is permitted to use the Facilities and (where appropriate) the Equipment as stated in the Booking Form;

Payment Request means the automated payment request issued in accordance with clause 11;

Regular Hire means hire on a periodic basis;

Regular Hire Session means one of the sessions which together with other sessions comprise a period of Regular Hire;

School Premises means the school premises of the Company at which the Activities shall take place;

Special Event means hire for “one off” Activities during a specific Hire Period only;

Third Party means the person, organisation, club, firm or company with whom the Contract is made, and

Third Party User means any person under the control of, connected with or on the School Premises with the consent of the Third Party.

1.2 Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.

2. General

2.1 These Terms and Conditions of Use shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any order, letter, form of contract or other communication sent by the Third Party to the Company and the provisions of these Terms and Conditions of Use shall prevail unless expressly varied in writing and signed by a director of and on the Company's behalf. The Company may issue supplementary Terms and Conditions and or codes of conduct which will be an addition to and not a replacement of these Terms and Conditions.

2.2 Any concession made or latitude allowed by the Company to the Third Party shall not affect the strict rights of the Company under the Contract.

2.3 If any particular clause of these Terms and Conditions of Use shall be or held to be invalid the other clauses of the Terms and Conditions of Use shall continue in full force and effect.

3. Health and Safety

3.1 Whilst on the School Premises all Third Party Users must comply with the provisions of any relevant and applicable health and safety legislation and with all reasonable health and safety procedures applied or notified by the Company.

3.1.2 The Third Party shall be responsible to undertake a risk assessment (in the format suggested by the UK Government Guidance or materially similar) of the Activities to be undertaken at the School Premises and Facilities and shall present a copy of the risk assessment to the Company in a reasonable time to enable assessment by the Company prior to commencement of the Activities. The Third Party acknowledges and accepts that the Company shall have the right (at its sole discretion) to (1) prohibit commencement of the Activities in the event that (a) a copy of the Third Party’s risk assessment is not provided or otherwise not in a reasonable time prior to the commencement date or (b) is provided in a format which is insufficient or otherwise not in accordance with UK Government Guidelines and/or (2) give instructions to the Third Party to immediately cease any activities in the event that the activities are different or otherwise change from the Activities as described on the Contract and Third Party’s risk assessment. The Third Party acknowledges and agrees that no refund (whether wholly or part thereof) of the Third Party’s Hire Charge shall be provided by the Company in the event(s) of prohibition of commencement or cessation of activities by the Company as set out in this clause.

3.2 Fire doors and doors fitted with automatic closure shall not be interfered with by Third Party Users.

3.3 Third Party Users shall not obstruct any corridor, passage, entrance or exit of the School Premises.

3.4 The Third Party Users shall ensure that there is no interference whatsoever during the Hire Period with fire extinguishers or any other firefighting equipment, except in the case of emergency.

3.5 Any electrical equipment brought on to the School Premises by the Third Party Users must have prior agreement with the Facilities Staff and have a current Portable Appliance Tested (PAT) certificate displayed on such equipment (indicating that the PAT test was performed no more than 12 months previous) or a dated purchase receipt for new electrical equipment, indicating that the purchase date was no more than 12 months previous.

3.6 The Third Party will under no circumstances bring fireworks or pyrotechnics onto the School Premises. No gas container or apparatus which when being used has a naked flame (including candles), helium balloons or smoke machines are permitted in any area of the School Premises unless prior permission from the Company has been granted.

3.7 Abusive behaviour by any Third Party Users towards Facilities Staff and other users of the facilities will result in an immediate termination of booking.

3.8 Third Party Users confirm that upon entering into the Contract they have read and understand the emergency evacuation procedures of the Facilities and School Premises and that they will share this information with any individual or group of individuals that they are responsible for bringing onto the School Premises.

3.9 Third Party Users should notify in writing to a member of Facilities Staff within 5 days following the occurrence of any of these incidents: injuries or illnesses, incidents or near misses, property loss or damage, environmental and building damage or theft.

3.10 The third party shall not undertake any form of photography or filming on the School Premises without the prior consent of the Company.

3.11 Third Parties using the facility to host a special event are required to attend an event planning meeting with a Company representative not less than 21 days prior to the event.

4. Third Party Users

4.1 Third Party Users shall comply with the instructions of the Facilities Staff at all times.

4.2 Third Party Users shall have access to toilets and common parts of the Facilities in relation to the Activities as designated from time to time by the Facilities Staff.

4.3 The Third Party shall provide sufficient supervision of Third Party Users whilst on the School Premises to comply with all applicable regulations and best practice.

4.4.1 All Third Party Users engaged in a supervisory role during the Hire Period are required to provide copies the appropriate training certification as evidence that they are sufficiently skilled, experienced and trained to carry out their duties.

4.4.2 Where Third Party Users include minors or vulnerable adults, the Third Party is required to provide copies of safeguarding and child protection policies and procedures to ensure minors or vulnerable adults are protected while at all times being under the care of a responsible nominated adult/s:

(a) a "minor" shall be children under the age of 18; or

(b) a "vulnerable adult" has the meaning given under section 60(1) of the Safeguarding Vulnerable Groups Act 2006 ;

4.4.3 Third Party Users responsible for organising, operating, assisting with or supervising Activities involving minors or vulnerable adults must be in possession of a valid check from the Disclosure and Barring Service. The Third Party User shall be responsible for registering with the Disclosure and Barring Service and shall provide to the Company for inspection the results of the Disclosure and Barring Service check, providing details of any recorded incidents and confirming that the issue date of such DBS check is no more than 3 years previous to the Expiry Date of the Hire Period.

4.5 Where the Facilities are to be used by the Third Party for a discotheque, dance or such other similar social function, the Third Party must ensure that there is one supervising adult over 21 years of age to every 15 people attending the function who are under the age of 21. The Third Party must ensure that an appropriate proportion of female supervisors to female attendees is present.

4.6 Third Party Users must be appropriately dressed for each Activity and supplied, by and at the cost of the Third Party with personal protective clothing as shall be suitable and required by law and which shall be replaced and/or removed as required by the Third-party.

(c) Unless otherwise agreed with the Company the Third Party ensures that adequate security personnel (and where appropriate such security personnel shall be SIA Personnel) are in attendance for the duration of the Hire Period.

4.7 An audience to the Activities carried out by the Third Party will only be permitted entry to the Facilities:

(a) If such a request has been made at the time of booking and

(b) The Company has approved an appropriate form of ticketing and/or audience control; and

(c) Unless otherwise agreed with the Company the Third Party ensures that adequate security personnel are in attendance for the duration of the Hire Period.

4.8 It is the responsibility of the Third Party to leave the Facilities in a similar and agreed condition as that in which the Facilities were made available to the Third Party save where agreed otherwise with the Company.

4.9 Failure of the Third Party to comply with the relevant Codes of Conducts for the given School Premises will result in immediate termination of all bookings.

4.10 The Third Party agrees to carry out, perform or otherwise use the Facilities solely for the purposes as set out in the Activities.

4.11 The Third Party User will, upon the request of the Company, promptly provide the Company with copies (at no cost to the Company) of all or any written materials (used for teaching purposes or otherwise) being presented or distributed whether by the Third Party representative or the participants or attendees at the Third Party’s session during the session of the Third Party and/or whilst the Third Party is on School Premises. Where the use of the Facilities by the Third Party involves the teaching of a language or another activity where a language other than English is used for written communications, the Third Party User will, upon the request of the Company, promptly provide the Company with true and correct English translation copies (at no cost to the Company).

4.12 The Third Party User agrees not to undertake (and to ensure the participants and attendees of the Third Party User’s session do not undertake) any activities or behaviour during the teaching sessions and/or whilst the Third Party is on school premises that gives rise or may be perceived to give rise (at the Company’s discretion and in consultation with the Head Teacher of the school) to activities or behaviour that is against or contrary to the schools’ ethos, vision and values.

5. Catering

5.1 If the use of kitchen facilities is required such request must be made at the time of booking.

5.2 Where use of kitchen equipment is required, the Third Party agrees to pay for the services of a member of the Facilities Staff to operate such equipment as may be necessary (to be discussed at time of booking).

5.3 Where use of kitchen facilities and/or equipment is granted the Third Party agrees to attend an induction meeting, led by the Company, to ensure proper use of and satisfactory health and safety controls are put in place.

6. Intoxicating liquors & Substances

6.1 Third Party Users are prohibited from bringing onto or consuming on the School Premises any intoxicating substances or illegal drugs. Any such activity occurring on site may result in immediate termination of the Hire Period.

6.2 Third Party Users may not bring onto or consume on the School Premises any intoxicating liquors without the prior written consent of the Company. Any such activity occurring on site may result in immediate termination of the Hire Period.

6.3 It is the responsibility of the Third Party to adhere to the appropriate UK licensing laws.

6.4 Third Party Users shall ensure that all bottles, cans and other receptacles are removed from the School Premises at the end of each Hire Period, save where the same have been provided by the Company as part of agreed catering arrangements.

7. Smoking

7.1 The smoking of cigarettes, pipes, cigars, e-cigarettes or any other matter on the School Premises is strictly prohibited. It is the duty of the Third Party to inform all Third Party Users of this rule and ensure it is adhered to. Any such activity occurring on site may result in immediate termination of the Hire Period.

8. Noise

8.1 Noise must be kept within reasonable limits and Third Party Users must comply with the instructions of the Facilities Staff in this respect.

9. Sport

9.1 Where an Activity is a sport, Third Party Users must ensure that it is carried out and supervised in accordance with the appropriate rules and safety recommendations of the governing body of the sport concerned.

9.2 Where sports activities, coaching, training, tuition or martial arts are to be practised or performed, the Third Party must be a member of a recognized professional body for the sport concerned and where appropriate, recognised by the Sports Council. Third Party Users must provide details of professional qualifications at the time of booking.

9.3 The Third Party agrees that the Facilities Staff decision on the fitness of a ground for play will be final.

9.4 Third Party Users must not wear studded boots on all-weather pitches or indoors of the Facilities during the Hire Period.

10. Music & Dance

10.1 It is the responsibility of the Third party to obtain and provide a copy of a PPL (public performance license) for any recorded music being played on the School Premises.

11. Payment

11.1 In consideration of the provision of the Facilities the Third Party agrees to pay the Hire Charges to the Company prior to the commencement date of the Hire Period - failure to pay a hire charge and/or any subsequent additional payment requests may result in the third party forfeiting without compensation all or any (present or future) of the hire period.

11.2 The Third Party agrees to pay the costs incurred by the Company in repairing or replacing any of the School Premises, the Facilities or Equipment lost, damaged or destroyed by the Third Party or Third Party User and the Company will include such costs as part of an additional payment request.

11.3 The Hire Charges are payable as set out in the Booking Form at the time of booking.  Hire charges are subject to change.  Any such changes will be communicated and discussed with the Third Party prior to the Hire Period commencing.

11.4 The Company agrees that each payment request issued by the Company to the Third Party will include details of:

(a) Amount due

(b) Activity date range

(c) Name of organiser

11.5 Save where the Third Party is disputing any sums of the additional payment requests in good faith, in the event that sums due from the Third Party under these Terms and Conditions of Use are overdue, the Company shall, having given the Third Party notice of its intention so to do, be entitled, without prejudice to its other rights, to suspend the use of the Facilities by the Third Party whilst sums of the additional payment requests due to the Company under these Terms and Conditions of Use remain overdue or alternatively the Company may terminate the Contract.

12. Deposits

12.1 The Company shall be entitled to deduct and retain, on a permanent basis, the whole or a proportionate part of any deposit paid by the Third Party where:

(a) the Company has suffered loss as a consequence of a breach by the Third Party of any of the Terms and Conditions of Use;

(b) the Third Party has caused damage to the Facilities;

(c) the Third Party has caused damage to any Equipment; and/or

(d) the Company requires additional staffing hours for cleaning or rectifying issues following a Special Event

13. Liability

13.1 Notwithstanding clause 12.5, the Third Party shall be liable for any damage to the School Premises or the fixtures, fittings, furniture and any articles belonging to the Company and caused by the Third Party or the Third Party Users. No screws or nails shall be driven into the walls, floors or ceiling of the School Premises or its furniture, fixtures or fittings.

13.2 Third Party Users agree to use the Facilities at their own risk.

13.3 It is the responsibility of the Third Party Hirer to secure valid and adequate insurance for their respective activities which covers all third party requirements. Details of this insurance are to be provided to the Company at the time of booking.

14. Termination

14.1 The Contract shall automatically terminate on the Expiry Date.

14.2 The Company may terminate the Contract by notice in writing to the Third Party.

15. Post-termination

15.1 Termination of the Contract shall not affect any rights or obligations of the parties which accrued prior to termination.

15.2 Termination of the Contract shall not relieve any party of any obligation under these Terms and Conditions of Use which is expressed or which by implication is intended to continue after termination.

15.3 If the Company continues to provide any Facilities to the Third Party after the termination of the Contract such provision shall not be construed as a waiver of the termination of or as a renewal of the Contract.

16. Force Majeure

16.1 Neither party shall incur any liability to the other in the event it is prevented from, hindered or delayed in the performance of its obligations under the Contract by an Event of Force Majeure.

17. First Aid & Emergency Situations

17.1 The Third Party should arrange for first aid qualified personnel to attend medical emergencies during the Hire Period. The Third party acknowledges that the Company does not provide first aid qualified personnel, however the Facilities Staff are able to contact the emergency services.

17.2 In the event of a fire the Third Party must ensure that Third Party Users evacuate the School Premises by the nearest exit and assemble in the designated areas as shown on local signage. The Company must be informed by the Third Party in advance of any particular Third Party User who may require assistance in the event of an emergency.

17.3 It is the Third Party’s responsibility to take a register of all their Third Party Users at the beginning of their Hire Periods to act as a fire register and a means of contacting customers in the event of implementing Test and Trace measures.

18. Car Park

18.1 Whilst on the School Premises all Third Party Users must comply with the provisions of any relevant and applicable vehicle management procedures applied or notified by the Company.

18.2 Third Party Users shall not obstruct any emergency vehicle routes, entrance or exit of the School Premises.

18.3 Disabled bays are for Third Party Users who are in possession of a valid and properly displayed disability blue badge.

19. Publicity

19.1 Neither Party shall use the name, trade name, service marks, trademarks, trade, dress or logos of the other Party in publicity releases, advertising or any other publication without the prior written consent of that Party.