hiring agreement
Schedule 1
Standard Conditions of Hire for Stewartby United Church
1. Payment of the deposit, cautionary deposit and hire fee
1.1 The hirer shall pay to the church council representative the deposit on the date of the agreement.
1.2 The hirer shall pay the hire fee to the church council representative the balance of the hire fee before the start of the hire period
1.3 If requested a cautionary deposit will be paid by the hirer to the church council representative, which will be refunded within 14 days of the end of the hire period, unless some needs to be retained if loss or damage has been caused to the premises or contents, or any complaints have been made to the church about noise or other disturbance during the hire period or as a result of the event.
2. Repair, condition, damage and leaving the premises
2.1 The hirer shall;
a. Leave the premises clean, tidy and clear of rubbish at the end of the hire period
b. Not cause or permit to be caused any damage to;
(1) The premises, buildings or any other neighbouring property;or
(2) Any property of the owners or occupiers of the premises, building or any neighbouring property, including but not limited to the fixings and furniture on the premises from time to time; and shall
(3) Not obstruct any other areas of the building, make them dirty or untidy or leave any rubbish on them
3. Use of the premises
3.1 The hirer shall not use the premises other than for the purpose of the event
3.2 The hirer shall not allow betting or gambling in any form, or the sale of alcoholic beverages, nor use the premises against the wishes of the church council.
3.3 The hirer shall not do or permit to be done on the premises anything to injure the reputation of the premises or which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the church council or to any other persons on the premises or any owner or occupier of neighbouring property.
3.4 The hirer shall not allow any animals (including birds) onto the buildings (except guide dogs, hearing dogs or recognised assistance dogs) without the written approval of the church council.
4. Alterations
4.1 The hirer shall not make any alteration or addition whatsoever to the premises.
4.2 The hirer shall not display, fix or attach to the premises in any way (or elsewhere in the building) any decoration, advertisement, flag, poster, sign or other article without the prior approval of the church council representative.
4.3 Unless the church council representative ask for it to be left in place, any article(s) approved by the church council representative under the condition 4.2 must be removed by the hirer at the end of the hire period and any damage caused by such removal must be made good to the satisfaction of the church council.
5. Compliance with rules and regulations
5.1 The hirer shall not do anything that will or might constitute a breach of any planning permission or other consents, licences, permissions, certificates, authorisations or approvals whether of a public or private nature affecting the premises.
5.2 The hirer shall comply with all laws and with any recommendations of the relevant suppliers relating to the supply of electricity, water, sewage and other services and utilities to or from the premises.
5.3 The hirer shall observe any rules and regulations the church council make and notify to the hirer regarding the hirer’s use of the premises and any facilities or other parts of the building pursuant to the agreement.
6. Public Safety
6.1 The hirer shall comply with all conditions and regulations made in respect of the premises by any regulatory bodies including but not limited to the fire authority, local authority or the licensing authority.
6.2 The hirer acknowledges that they have been notified of the following matters by the church council representative or received or been shown appropriate notices or instructions on or in relation to;
a. The action to be taken in event of fire, including the need to call the fire brigade and how to evacuate the premises.
b. The location and use of fire equipment
c. The escape routes from the premises and the need to keep them clear
d. The absence of any phone in the church, and the need to go outside in order to get a clear signal
6.3 The hirer shall;
a. Keep all means of exit from the premises free from obstruction and immediately available for exit in case of emergency
b. Ensure that the fire brigade are called to any outbreak of fire, however minor
c. Inform the church council representative of any outbreak of fire, however minor, as soon as possible
d. Observe all relevant food health and hygiene legislation and regulations in relation to the preparation and serving of food
e. Comply with the provisions of any relevant health and safety policies and ensure that those using the premises are aware of such policies
f. Ensure that any electrical appliances brought onto the premises by the hirer are safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989
g. Report all accidents involving injury to the public to the church council representative as soon as possible and complete the accident book (which is kept in the kitchen)with the representative
h. Not bring any highly flammable substances onto the premises
i. Not put up any decorations near light fittings or heaters
j. Not bring onto the premises (or use) any heating appliances without the consent of the church council
7. Insurance and Indemnity
7.1 The hirer shall not do anything that will or might invalidate in whole or in part any insurance effected by the church council in respect of the building.
7.2 The hirer shall indemnify the church council and keep the church council indemnified against all losses, claims,demands, proceedings, damages, costs, expenses or other liability in any way arising from;
(1) The use of the premises by the hirer
(2) Any breach of the agreement
(3) The cost of repairs to any damage done to any part of the premises or building
7.3 Unless the church council otherwise agree, the hirer shall take out adequate insurance in respect of the liability of the hirer under condition 7.2 and at the request of the church council shall produce to the church council evidence of such policy and the payment of the premiums for it
8. Safeguarding
The hirer confirms that the hirer has received a copy of the safeguarding policy, has an understanding of it, and undertakes to follow it or comparable equivalent guidelines and procedures for the safeguarding of children, young people and vulnerable adults at the building.
9. Licences
If any licences are required in respect of any activity to be carried out on the premises in relation to the use of the premises by the hirer, the hirer shall ensure that they hold the relevant licence.
10. No rights
The hirer acknowledges that;
(a) The agreement confers permission to use the premises only and creates no relationship of landlord and tenant between the church council and the hirer or any other rights of occupation
(b) The church council retain control, possession and management of the premises and the hirer has no right to exlude members of the church council or their authorised representative from the premises.
11. Cancellation
11.1 The church council shall be entitled at any time on giving not less than 7 days written notice to the hirer to cancel the hiring of the premises if the church council reasonably believe that
(a) The hire would be in breach of the constitutional practice of Stewartby United Church or contrary to the doctrinal standards of any of the churches in the sharing agreement
(b) Any unlawful or inappropriate activities would take place on the premises as a result of the hire
(c) The premises have become unfit for use by the hirer
11.2 In the event of cancellation by the church council under condition 11.1, uthe hirer shall be entitled to a refund of the deposit and any cautionary deposit already paid. The church council shall not be liable to the hirer for any direct or indirect loss or damages whatsoever
11.3 If the hirer wishes to cancel the booking before the start of the hire period the hirer should give as much notice to the church council as possible and in any event not less than 14 days notice. The hirer shall have no right to a refund of the deposit.
11.4 If the hirer cancels the booking within 14 days of the date of the event and the church council are unable to conclude a replacement booking, the payment or the repayment of the hire fee shall be at the absolute discretion of the church council.
12. End of hire
12.1At the end of the hire period the hirer shall ensure that;
(a) The premises are left in a clean and tidy condition
(b) The premises and all windows are properly locked and secured
(c) All keys are left in such place or with such person as shall be specified by the church council representative
(d) Any items moved from their usual position during the period of hire shall be repositioned in their original place to the reasonable satisfaction of the church council
(e) The lights at the premises, and the rest of the building are turned off
(f) Any heating at the premises is turned off unless otherwise directed by the church council representative
(g) All equipment, goods and other property belonging to the hirer is removed from the premises and the building
(h) All rubbish to be removed from the premises. Please do not leave in church bins.
12.2If the provisions of condition 12.1 are not fulfilled, the church council shall be at liberty to use the cautionary deposit to make good any default
12.3Any equipment, goods and /or other property belonging to the hirer and left on the premises and/or building at the end of the hire period is at the sole risk of the hirer. If such items are not removed within 7 days of the end of the hire period the church council shall be at liberty to dispose of any such items and any costs of disposal will be borne by the hirer. The church council will not owe the hirer any responsibility for the hirer’s property, any damage to such property of the proceeds arising from any sale.
13. Limitation of Church Councils’ Liability
13.1Subject to clause 13.2 the church council are not liable for;
(a) The death of, or injury to the hirer, its employees, customers or invitees to the premises
(b) Damage to any property of the hirer or that of the hirer’s employees, customers or other invitees to the premises
(c) Any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred due to the use of the premises by the hirer or the hirer’s employees, customers or other invitees
13.2Nothing in clause 13.1 shall limit or exclude the church council’s responsibility for;
(a) Death or personal injury or damage to property caused by negligence on the part of the church council or their employees or agents
(b) Any matter in respect of which it would be unlawful for the church council to exclude or restrict liability
14. Third Party Rights
A person who is not party to the agreement shall not have any rights under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement
15. Governing Law
The agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales
16. Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the agreement or its subject matter or formation (including non-contractual disputes or claims)