Terms and Conditions

Hiring agreement and conditions of hire

Part 1: Hiring agreement

BOOKING PROCESS

  • All bookings must be made via the Hallmaster bookings system, and each confirmed booking constitutes a formal contract.
  • A bookings calendar and record of all bookings, including contact details of the hirer(s), will be maintained on the online Hallmaster bookings system.
  • Hirers must clearly state the purpose of the hiring on the booking form and indicate any licensable activities, including consumption of alcohol, that will take place. The committee must be informed if the hirer intends to apply to the local authority for a Temporary Entertainments Notice for the sale of alcohol.
  • By ticking the box on the booking request form titled ‘I agree to the Hall Terms and
  • Conditions’, you are entering into a contract and accept this hiring agreement and terms and conditions as detailed below.

PARTIES:

  1. The Village Hall named in clause 2.2 acting by its management committee:
  2. The person or organisation named in clause 2.3:

AGREED

as follows:
1. Throughout this Agreement:

  • the Village Hall named in clause 2.2 is 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 in clause 2.3 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 Hall Secretary or, if the Hall Secretary is not available, any of our charity trustees.

2. In consideration of the hire fee described in clause 2.4, we agree to permit you to use the premises described in clause 2.5 for the purpose described in clause 2.6 for the period(s) described in clause 2.1. 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 set out in the attached Schedule.

2.1 Date(s) required:
The day(s) requested on the Hallmaster booking request form.
The time required (Hours) as specified on the Hallmaster booking request. Note that this time should include any set up and clear up times.

2.2 Village Hall: Walton Village Hall, Wetherby
a) Registered Charity No:1196471
b) Authorised Representative: Mr B S Eldred (chair of trustees)
Address: Vine Cottage, Main Street, Walton, Wetherby LS23 7DJ
Telephone: 07802 265504
Email: brian@eldredonline.co.uk

2.3 Hirer:
a) Name, address and contact info: as recorded in the Hallmaster system customer file.

2.4 Hire Fee:
One-off hires
The Hire Fee is as published on our website under ‘frequently asked questions’.

Payment terms
Payment is required within 7 days of confirmation of your booking. If you wish to cancel the booking before 8 weeks from the event date, a full refund will be given – please contact the bookings secretary. For cancellations within 8 weeks of the event date, there will be no refund except due to exceptional circumstances, and at the discretion of the committee. For full days or weekend events booked more than 6 months in advance, a deposit of 50% is required, which is again refundable up to 8 weeks before the event. For our regular users, alternative arrangements may be applicable.

Regular hirers
The hire fees will be discounted from the standard fees by agreement with the management committee.

Weddings and significant events
The Hire Fee is as published on our website, or as agreed with the management committee.
For weddings and significant events, a non-refundable £250 administration fee will be payable for cancelled events. This fee comes into effect as soon as the deposit is paid and is not subject to any time periods. The £250 fee will be taken from the deposit should the event be cancelled. The fee covers the time and costs incurred by the charity in the organisational work for these larger events.

Security bond
For weddings and 18th or 21st birthday parties, a returnable bond of £200.00 will be required prior to the event. This will only be returned in full to the hirer if there are no costs relating to:

  • Damage of the hall or fitments
  • Removal of rubbish
  • Cleaning of the hall and grounds
  • Breaching any of the conditions contained in the hiring agreement

The hall should be left in the condition in which it was found. If not, the bond will be retained in part or in full at the discretion of the management committee. The return payment will be made with 10 working days as a BACS payment, so the hirer will need to supply their bank details.

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 whole of hall, and the adjoining playing field if specified in the booking request and agreed by the management committee.

2.6 Purpose/description of hiring:
As stated on the Booking Request form

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

  • Main hall: 60 seated or 100 standing

4. The hall has a licence:
with the Performing Right Society (PRS) for the performance of copyright music from Phonographic Performance Licence (PPL).

4.1 We do not have a Premises Licence. 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.
(i) You are responsible for ensuring that screenings of film abide by age classification ratings.
(ii) 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 to the licensing authority.
(iii) 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 to the licensing authority.

If you fail to comply with 4.3 (i), (ii) or (iii) above, 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.

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.

Part 2: 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. Please also refer to the start and end of hire checklists available on our website and displayed on the Hall notice board.

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
(iv) car parking: please ensure all hall users park either on the gravelled parking area within the gates to the Hall or on the road subject to due care and attention. Please note cars are parked at the owner’s risk and the Village Hall accepts no responsibility for damage to vehicles. Vehicles must not be parked on the pavement or grass verges adjoining the road. No overnight camping (including motorhomes and caravans) is allowed in the village hall car park.
(v) 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 and playing field) 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) costs arising from accidental and malicious loss or damage and for loss or damage arising out of your negligence to any part of the premises including its curtilage or its contents
b) costs arising from accidental and malicious loss or damage and for loss or damage arising out of your negligence done to our Wi-Fi service
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, the storage of equipment, the use of marquees, bouncy castles or any such
other equipment erected either in the hall or the playground, and your use of our Wi-Fi service, 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 Wi-Fi service, and you must indemnify us against such liabilities.
(ii) We do not insure the liabilities described in sub-clauses 4(i)c) and 4(i)d) above, so you are encouraged to take out adequate insurance to insure such liability, particularly for major events such as wedding receptions, as the village hall will not reimburse any lost monies. 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 adults at risk
You must ensure that any activities for children, young people and adults at risk are only provided by fit and proper persons in accordance with the Children Act 1989 and 2004, 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). All reasonable steps must be taken to prevent harm, and to respond appropriately when harm does occur. Relevant concerns must be reported.

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 (these are explained in the Start of Hire Check List on the website and on the notice board)
• 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.
Keep music volumes moderate. All windows and doors must be kept closed during the playing of live or recorded music in the Village Hall. Music should not be audible outside the Village Hall
The number of outdoor events is strictly limited and advance notice is given to residents. However, noise must be kept to a reasonable level, live or recorded music must finish by 11pm and the event must end by midnight.
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.
The Hirer must also ensure that any Caterers or Entertainers engaged are suitably licensed and insured.
All crockery, cutlery and pans used during the period of the hire must be washed, dried and put away at the end of the hire. Please notify the Village Hall contact as detailed on the notice board of any breakages.
All rubbish must be removed from the premises at the end of the hire period.

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.

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).

18. Explosives and flammable substances You must ensure that:
(i) Highly flammable substances (including fireworks) 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.
(iii) No candles are allowed in the hall except those on a birthday cake.

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 Wi-Fi service, you agree at all times to be bound by the following provisions:
(i) not to use the Wi-Fi 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 Wi-Fi 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 Wi-Fi service security procedure confidential and not to disclose it to any third party.

24. Termination of the Wi-Fi service
We have the right to suspend or terminate our Wi-Fi 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 Wi-Fi service;
(iii) if, in our opinion, you are involved in fraudulent or unauthorised use of our Wi-Fi service;
(iv) if you resell access to our Wi-Fi service; or
(v) if you use our Wi-Fi service in contravention of the terms of these Standard Conditions.

25. Availability of Wi-Fi Services
(i) Although we aim to offer the best Wi-Fi service possible, we make no promise that the Wi-Fi service will meet your requirements. We cannot guarantee that our Wi-Fi service will be fault-free or accessible at all times.
(ii) It is your responsibility to ensure that any Wi-Fi enabled device used by you is compatible with our Wi-Fi service and is switched on. The availability and performance of our Wi-Fi service is subject to all memory, storage and any other limitations in your device. Our Wi-Fi 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 Wi-Fi service. Network speed is no indication of the speed at which your Wi-Fi enabled device or our Wi-Fi 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 Wi-Fi service.
(ii) We may process all information about you which is provided in relation to our Wi-Fi service in accordance with your legal rights under the Data Protection 1998 and solely for the purposes of offering the Wi-Fi service.
(iii) By using our Wi-Fi service, you agree to the terms of this clause 26. If you would like more information or object to anything in these conditions, you should contact:
Mark Wake: mark.wake@icloud.com
(iv) When using the Wi-Fi service, the Hirer agrees at all times to be bound by the following provisions:
a) not to use the Wi-Fi 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 Wi-Fi 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 Wi-Fi service security procedure confidential and not to disclose it to any third party.

27. Cancellation
Please refer to section 2.4 ‘Payment terms’ in the first part of this agreement
We reserve the right to cancel this Agreement by giving you written notice in the event of:
(i) the premises being required for use as a Polling Station for a Parliamentary or Local Government election or by-election;
(ii) 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;
(iii) the premises becoming unfit for your intended use;
(iv) 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.

Part 3: Special Conditions of Hire

Children’s holiday clubs

  1. The maximum number of children attending a holiday club will be 40
  2. The staff to children ratio will be a minimum of 1:10
  3. Children attending a holiday club may use the playground, but do not have exclusive access.
  4. Children will wear ‘high vis’ jackets when outside the hall and will be supervised at all times.
  5. The playground and surrounding areas will be inspected regularly to make sure that they are clean and tidy and free of litter.
  6. The club supervisors will ensure there is a ‘kids free’ period from 10.00 – 12.00 daily when the children will be inside the hall and the playground will be free.
  7. The Village Hall will place a notice on the Hall notice board stating that at any other time any local residents that wish to use the playground should seek the attention of a member of club staff. The staff will then move the children either inside the hall or to one end of the playground as appropriate for an agreed period.

Children’s parties

  1. There must be adult supervision for all children’s parties: at least 1 adult: 10 children.
  2. Walton Playground is managed by Walton Parish Council and is primarily for the use of children from the village and local area. Children may use the adjoining playground for their party, but do not have exclusive access unless agreed in advance with the Village Hall and the Parish Council
  3. If a bouncy castle or other such play equipment is to be erected, the hirer must ensure that adequate public liability insurance is provided either by themselves or the provider of the equipment. The Village Hall Committee will accept no responsibility for accident or injury arising from the use of such equipment