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New Hall contracts Terms & Conditions

                                                             ORCHARDLEA  COMMUNITY  CHURCH

                         TERMS  and  CONDITiONS -- for  the Hire of  Premises for a party or other single Event

This document sets out the Terms and Conditions which apply to the Hire out by Orchardlea Community Church of Premises within its property to a Hirer for a single Event.                                                                                                                                       

NB -- when the relative Application Form as accepted on line* by the Hirer, both the Church and the Hirer will become legally bound by both the statements it contains and the following Terms and Conditions.

*consider wording etc

DEFINITIONS 

The following words and phrases will have the meanings attributed to them:

"the Church" is Orchardlea Community Church, 12 Church Road, Giffnock, Glasgow G46 6JR. 

"the Hirer" is the person as so identified in the Application Form.

“the Premises” are as so specified in the Application Form.

"the Date of Hire" is the date as so specified in the Application Form.

"the Hire Period" is from 1.30pm until 5.30pm on the Date of Hire. Note: this includes time required for setting up and tidying.

“the Charge” (i.e. the cost of hire) is £100.00 Pounds Sterling.

“the Deposit” (to secure the booking and cover potential damage etc.) is £50.00 Pounds Sterling.

“the Event” is the use of the Premises for only those activities stated in the Application Form.

“the Application Form” is the Hall Hire Application Form as filled out and accepted online by the Hirer in relation to the Event..

“the Insurance Confirmation Form” is the document so named in the Application Form -- this is applicable only if a bouncy castle or other Apparatus is to be brought on to the Premises for the Event -- see Part C, Clause 14 below.

“the Terms and Conditions” are the whole provisions in this document which, together with the Appliocation Form, establish the terms of the Hire

" the Hire" is the grant by the Church to the Hirer of the use of the Premises in terms of Part B a) below.

" the Time of Booking" is when the Hirer submits the duly filled out Application Form with the Hirer's online acceptance duly indicated in it.

B GRANT of the HIRE

a) At the Time of Booking, the Church grants to the Hirer the use of the Premises for the Event for the Hire Period provided that the Hirer has paid the Deposit and the Charge to the Church, and subject to both the Application Form with the information in it submitted by the Hirer and to the provisions set out in these Terms and Conditions.

b) The Terms and Conditions set out provisions which it is very important the Hirer has read and understood before accepting the Application Form; both parties will be bound by these provisions.

c)  If the Hirer wishes to arrange for a bouncy castle or other Apparatus to be brought onto the Premises during the Hire Period this must be brought to the Church’s attention at least 2 weeks before the Hire Period and no such apparatus may be brought onto the Premises unless the Church so agrees and the Hirer has completed and submitted to the Church the Insurance Confirmation Form in terms of Clause 14.5 belowFor the avoidance of doubt, the Church shall have no liability whatsoever for any consequence of such apparatus or its operation on the Premises.

d)  *----------- 

*consider here how and what the parties may wish as evidence of completed Application Form and these t's and c's. Can the Application Form indicate simply that the t's and c's are within designated area of Church's website and available to be read there?--- or is the definition of Time of Booking sufficient ??

C       TERMS and CONDITIONS of the Hire 

1.1

 

 

1.2

Full payment of both the Charge and the Deposit must be made at the Time of Booking to the Church by any means reasonably required by the Church. No written demand will be given for these payments.  

The Hire will not be secured until the full payment of both the Charge and the Deposit is made.

1.3 If the Hirer cancels the Event less than 10 days before the Date of Hire, the entire Deposit will be forfeit to the Church.*

* what about repayment of the Carge in such event -- full or partial dependent on period of notice?

2.1

The Premises shall be used by the Hirer for the sole purpose of the Event and the activities disclosed in the Application Form.

2.2

The Hirer shall ensure that all of these activities are compliant with all statutory provisions.

2.3

The Premises are accepted by the Hirer as being in good condition and repair and fit for the Event and such activities.   2.4 On the Date of Hire, a key fob for the Premises may be obtained from the lock safe located at the entrance to the Memorial Hall.  The Hirer will be given the code for the key safe just before or on the Date of  Hire. The key fob inside the safe will only operate the door for the Hire Period e.g. 1:30 pm to 5:30 pm. At the end of the Hire Period the key fob must be returned to the key safe. The key safe must then be left locked with the fob inside before the Hirer departs. Failure to return the fob to the key safe after the Hire will result in a deduction of £20 from the Deposit.

3

The Hirer will be responsible for any damage or loss caused to the Premises and their contents arising directly or indirectly during  the Hire Period and will also be responsible for leaving the Premises in a clean and tidy condition in general and in particular, clear of all rubbish at the end of the Hire Period, as mentioned further below.

4.1

The Hire includes the use of the kitchen and its contents, including white goods, water boilers, kettle, teapot and crockery. The following procedures must however be observed by the Hirer:-

4.2

The kitchen and all such kitchen appliances must be left clean;

4.3

Floors to all areas of the Premises and also the vestibule, hallways and others must be swept and tidied;

4.4

Toilets and sinks must be left clean and tidy as found;

4.5

Tables and chairs must be wiped over and returned to their proper storage spaces;

4.6

The Hirer must take away all waste and rubbish as the Church's bins are strictly for Church groups only. Any waste put in Church bins may result in an environmental charge of £20 to be deducted from the Deposit.

4.7

Broken glass must be wrapped before removal and disposal and no liquids are to be emptied into any of the bins;

4.8

Any equipment used must be returned to its proper storage space after use.

4.9

Decorations such as posters, balloons and streamers may not be attached to surfaces by pins or adhesive tape; blu-tac may be used on gloss paint, but only if removed and surfaces cleaned after use.  Nothing may be attached to the speaker systems on the walls.

4.10

The Church operates a good neighbour policy and as such the Hirer and guests at the Event should:

a) avoid excessive noise levels being emitted from the Premises, and

b) use the Church’s car parks, upper and/or lower, and where possible, parking vehicles on the streets should be avoided. Parking is however entirely at the risk of the vehicle owners.

4.11

All external doors must be kept closed during the Event except in cases of emergency.

5.1

If, in the opinion of the Church, the Premises are left in an unsatisfactory state in terms of paragraph 4 above, or any loss or damage arises, such part of the Deposit as the Church shall consider reasonable in the circumstances will be retained by the Church in compensation and not returned to the Hirer. In extreme cases additional costs for cleaning, repairs or loss may be levied against the Hirer.

5.2 There may also be a deduction made by the Church if the Premises are not fully and properly vacated by the Hirer by the end of the Hire Period.

5.3

To the extent that the Hirer does not invalidate the return of the Deposit in the  manner described in these Terms and Conditions, the Deposit will be returned to the  Hirer within two weeks after the Date of Hire.

6.1

Smoking at the Premises is expressly prohibited both indoors and outdoors.

6.2

Alcohol on the Premises whether for consumption, sale or otherwise, is expressly prohibited.

6.3*

--[Food and drink must not be taken into the Sanctuary.] --- If the Hirer is serving food the Hirer will be responsible for compliance with all Health and Safety legislation and Food Hygiene regulations. 

* consider deleting as this is for Memorial Hall Premises only ?

7

Prior to the start of the Event, the Hirer must nominate a competent adult person to take charge in the event of fire or other emergency to ensure that all persons at the Premises can escape unimpeded through the fire exits and assemble in the adjacent car park or other nominated assembly area. Improper operation of the fire alarm or extinguishers will result in the automatic loss of the Deposit. All fire doors must remain unobstructed during and at the end of the Hire Period.

8

The Hirer must comply with all statutory requirements and specifically, any electrical equipment brought onto the Premises must be PAT (Portable Appliance Testing) tested with relative certificate of compliance to be produced to the Church if so requested. *

* consider if this is desirable or a trip wire for Church perhaps ?

9

The Hirer must ensure that all lights are switched off and all entrances to and exits from the Premises are left locked and secure when the Hirer leaves the Premises after the Hire Period.  

10

This Hire is a personal arrangement between the Church and the Hirer and cannot be assigned in whole or in part to any other  party.

11

The Hire is only for the single Event in the Premises and will terminate at the expiry of the Hire Period subject to (a) the repayment of the Deposit in whole or in part as these Terms and Conditions provide and (b) the Church’s whole other prior rights and claims.

12

The Church will not be responsible for any loss, damage, actions, proceedings, costs, claims or demands of whatever nature by anyone, and the Hirer shall indemnify the Church (including the trustees vested in the Premises) against all such loss, damage, actions, proceedings, costs, claims or demands howsoever arising during or as a result of the Event.

13

The Hirer shall ensure that adequate insurance cover (including for public liability for the use of the Premises) is in place for the Hirer and all its associates and any equipment or other property brought onto the Premises and shall indemnify the Church for any failure to do so.

14.1

Without prejudice to the foregoing, and subject to the prior approval of the Church*, the Hirer shall be entitled to introduce into and use on the Premises a bouncy castle, bucking bronco or other similar items of apparatus (all referred to in this Agreement as “Apparatus”) but strictly only on satisfying the following conditions:-     *question if needed?

14.2

the use of the Apparatus shall be wholly inside the Premises;

14.3

no employee or other representative of the Church will be involved in the instalation or operation of any Apparatus or in the supervision of those using it;

14.4

on the basis that there may be certain dangers inherent in introducing, using, operating, dismantling and/or removing the Apparatus, the Church shall have no liability for any loss, damage, injury or other claim resulting from the same and the Hirer shall ensure that all relevant safety measures and practices, including all necessary supervision and control by appropriate adults are complied with, having particular regard to all recommendations and conditions set out by manufacturers and/or the hirers of the Apparatus and/or by the insurers aftermentioned, and

14.5

in so far as the Church’s insurers will not provide insurance cover in respect of any loss, damage, injury or other claim arising in respect of the Apparatus or its use on the Premises, it is essential before the Apparatus is brought to the Premises that (a) the Hirer shall ensure that appropriate public liability insurance is in place and (b) at least one week prior to the Date of Hire, the Hirer shall complete, sign and return to the Church the  Insurance Confirmation Form.

15

The Hirer will be deemed to be aware of and shall comply with any relevant legislation relating to both the safeguarding of children and young people and also regulated work with protected adults. 

16

If the Hirer is found at any time to be in breach of any of the conditions of the Hire, the Church shall have the right to terminate the Hire with immediate effect but without prejudice to the Church’s prior rights and claims.

17

Lastly, the Hire in terms of the Application Form as submitted by the Hirer and these Terms and Conditions will be governed by and construed in accordance with the law of Scotland.

 

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