Hire Agreement

The Parochial Church Council of St James’ Church

Hall Hire Agreement

Parties:

  • The Management Committee (MC) representative of the St James’ Church Halls is identified in paragraph 1.
  • The person or organisation is named in paragraph 2 (Hirer).

Agreed as follows:

In consideration of the hire fee, described in paragraph 3, the MC agrees to permit the Hirer to use the premises for the agreed period(s), as defined in writing by invoice.

1.           Halls Management Committee

The Halls MC representative is the Bookings Secretary – bookings@stjameswestgate.church/01843 446 832, c/o 22 Richborough Road, Westgate-On-Sea, CT8 8DF.

2.           Hirer Details

Name of Hirer:                                                                 Organisation:

Postal Address:

Telephone (Home):                                                         Telephone (Work):

Telephone (mobile):                                                        Email address:

3.           Hire Charges

To retain the booking, all charges are payable within 14 days of the date of this agreement or, at the very least, 24 hours prior to the first date of booking, whichever is the earlier. Payment is not normally accepted at the time of the booked event.  Invoices sent to the Hirer will reflect the following charges:

Standard Hourly Rate (SHR):                 £14.00
Returnable Key/Damage Deposit:          £20.00

4.           Details of Booking

The timings of bookings will be agreed in consultation with the Bookings Secreta

ry and confirmed in writing by invoice.

5.           Notes

  1. The Hirer (or their nominated representative) agrees to be present during the hiring and to perform the provisions and stipulations contained or referred to in the attached Schedule of Conditions of Hire.
  2. It is hereby agreed that the conditions of hire shall form part of the terms of the Hiring Agreement unless specifically excluded.
  3. None of the provisions of the 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.
  4. On signing this agreement, the Hirer stipulates that they have read and understood the Schedule of Conditions of Hire and have retained a copy for future reference.
  5. In accordance with the Conditions of Hire, Hirers are requested to ensure that:
  6. All rubbish is removed from the premises after the hire (local council bins should not be used).
  7. Any damage or breakages is reported to the Bookings Secretary promptly.
  8. The Hall is left in a clean and tidy condition.
  9. All equipment is returned to cupboards or the place where it was stored.
  10. Tables, if used, are wiped over before being replaced in cupboards.
  11. Heating, if used, is returned to its default position.

The Parochial Church Council of St James’ Church

Conditions of Hire

These conditions are set out by the Management Committee (MC) of St James’ Church Halls.  They apply to all hiring of the Halls.  If the Hirer is in any doubt as to the meaning of any of these conditions, the Bookings Secretary should be consulted for clarification.

1.           Supervision

The Hirer shall, during the period of the hiring, be responsible for:

  1. Supervision of the premises.
  2. The fabric and the contents, their care, safety from damage, however slight, and change of any sort.
  3. The behaviour of all persons using the premises, whatever their capacity.
  4. Proper supervision of car parking arrangements so as to avoid obstruction of the highway.

As directed by the Bookings Secretary, the Hirer shall make good marks to walls or damage (including accidental damage) to the premises or to the fixtures, fittings or contents or loss of contents.

2.           Use of premises

The Hirer shall not use the premises for any purpose other than that described in the hire agreement and shall not sub-hire or use the premises or allow to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the same or render invalid insurance policies in respect thereof nor allow the consumption of alcohol thereon without written permission.

3.           Booking Limitations

The maximum length of period for bookings is limited to three months.  At the discretion of the MC, existing clients would normally be given ‘first refusal’ over other potential hirers.

4.           Alcohol

While alcohol may be consumed on the premises, its sale is not permitted.

5.           Gaming, Betting and Lotteries

The Hirer shall ensure that nothing is done on or in relation to the premises in contravention of the law relating to gaming, betting and lotteries.

6.           Public Safety Compliance

The Hirer shall comply with all conditions and regulations made in respect of the premises by the Fire Authority, local authority, the local magistrates court or otherwise, particularly in connection with any event which includes dancing, music or other similar entertainment or stage plays.

7.           Health and Hygiene

The Hirer shall, if preparing, serving, or selling food observe all relevant food health and hygiene legislation and regulations.  All rubbish is to be removed by the Hirer and disposed of privately (not left in the grounds of the hall nor in or around local council bins).

8.           Electrical Appliance Safety

The Hirer shall ensure that any electrical equipment brought by them to the premises and used there shall be safe and in good working order and used in a safe manner.

9.           Indemnity

The Hirer uses the premises at their own risk.  The MC is insured against any claims arising out of its own negligence.  The Hirer shall indemnify and keep indemnified each member of the MC, its employees, volunteers, agents and invitees against:

  1. The cost of repair of any damage done to any part of the premises including the surrounding grounds or the contents of the premises.
  2. All claims in respect of damage or loss of property or injury to persons arising as a result of the use of the premises (including storage of equipment) by the Hirer.

10.        Accidents and Dangerous Occurrences

The Hirer must report all accidents involving injury to the public to the Bookings Secretary as soon as possible and complete the relevant section of the hall accident book.  Any failure of equipment, either that belonging to the hall or brought in by the Hirer, must also be reported as soon as possible.

11.        Animals

The Hirer shall ensure that no animals (including birds) except guide dogs are brought into the premises, other than for a special event agreed by the MC.  No animals whatsoever are to enter the kitchen at any time.

12.        Activities Involving Children and Vulnerable Adults

The Hirer shall ensure that any activities for children under eight years of age comply with the provisions of The Children Act of 1989 and that only fit and proper persons shall have access to the children.  Additionally, it is the responsibility of the Hirer to ensure that any DBS checks required have been carried out for all activities involving children and vulnerable adults.

13.        Fly Posting

The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises, and shall indemnify and keep indemnified each member of the MC accordingly against all actions, claims and proceedings arising from any breach of this condition.  Failure to observe this condition may lead to prosecutions by the local authority.

14.        Sale of Goods

The Hirer shall, if selling goods on the premises, comply with fair trading laws and any code of practice used in connection with such sales.  In particular, the Hirer shall ensure that the total price of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on the manufacturer’s Recommended Retail Prices.

15.        Cancellation

If the Hirer wishes to cancel the booking before the date of the event and the Bookings Secretary is unable to identify a replacement booking, the question of payment or the repayment of the fee shall be at the discretion of the MC.

The MC reserves the right to cancel this hiring by written notice to the Hirer in the event of:

  1. The premises being required for use as a polling station for a parliamentary or local government election or by-election.
  2. The MC reasonably considering that either of the following circumstances prevail:
  3. Such hiring would lead to a breach of the licensing conditions, if applicable, or other legal or statutory requirements.
  4. Unlawful or unsuitable activities will take place at the premises as a result of this hiring.
  5. The premises becoming unfit for the use intended by the Hirer.

In such case the Hirer shall be entitled to a refund of any deposit already paid, but the MC shall not be liable to the Hirer for any resulting direct or indirect loss or damage whatsoever.

16.        End of Hire

The Hirer shall be 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 the MC Representative shall be at liberty to make an additional charge.  Refuse resulting from the event shall be removed from the hall and the surrounding grounds of the hall.

17.        Noise

The Hirer shall ensure that the minimum of noises is made on arrival and departure, particularly late at night and early in the morning.

18.        Stored Equipment

The MC accepts 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 installed equipment) must be removed at the end of each hiring or fees will be charged for each day or part of the day at the hire fee per hiring until the same is removed.

In the following circumstances, the MC may, at its discretion, dispose of any relevant items by sale or otherwise on such terms and conditions as it thinks fit, and charge the Hirer any costs incurred in storing and selling or otherwise disposing of the same:

  1. In respect of stored equipment, failure by the Hirer to either pay any storage charges payable or to remove the same within seven days after the agreed storage period has ended.
  2. In respect of any other property brought on to the premises for the purposes of the hiring, failure by the Hirer to remove the same within seven days after hiring.

19.        No Alterations

No alterations or additions may be made to the premises nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of the premises without the prior written approval of the MC.  Any alteration, fixture for fitting or attachment so approved shall, at the discretion of the MC, remain in the premises at the end of the hiring and become the property of the MC or be removed by the Hirer who must make good to the satisfaction of the MC any damage caused to the premises by such removal.

20.        No Rights

The hiring agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.

21.        The Christian Ethos of St James’ Church

As St James’ Church is a Christian organisation, there are some activities which are not in keeping with the Christian ethos and are therefore not permitted under the terms of a hall hiring.  Such activities include but are not limited to Hallowe’en parties, yoga, martial arts.  The MC reserves the right, within the spirit of this principle, to refuse a booking that undermines the Christian ethos.

Signed by the person identified at paragraph 1, duly authorised on behalf of the Halls MC or another member of that committee.

……………………………………………………………..……………………………..  Date …………………………………………….

Signed by the person named at paragraph 2 (duly authorised on behalf of the organisation if applicable).

……………………………………………………………..……………………………..  Date …………………………………………….