Venue Hirer Terms & Conditions

The hire of Academy trust premises is permitted by the Trust on the understanding that the following terms and conditions are adhered to at all times.

Failure by a hirer to comply with any of the following regulations where applicable, whether intentionally or not, may be deemed by the Trust to be just cause for the immediate cancellation of any lettings or series of lettings and any breach of these terms will result in cancellation of future hires without refund.

We reserve the right to decline any applications for hires at our absolute discretion, in particular where the organisation does not uphold the values of the academy trust, or reputational damage may occur.

Terms and conditions of hire

1.       “Hirer” means the person or entity identified in the relevant hire request form.

2.       Any “Hirer” must be over 18 years of age, or accompanied by an individual over the age of 18

3.       The hirer shall pay the full amount as stipulated by the academy prior to the hire, and shall not be entitled to set off any amount owing to the academy against any liability, whether past or future, of the academy to the licensee.

4.      The hirer will pay a refundable deposit to the academy to cover any damage or loss. The refundable deposit will be up to a maximum of £250. The damage deposit is due prior to the hire and will be requested and invoiced via the Bookings Plus system.

5.      Providing no damage has occurred during the hire, refunds of deposits will usually be refunded within 5-8 working days of the final hire. Where damage costing less than the value of the deposit occurs, remaining funds will usually be refunded within 14 working days of repairs being completed.

6.      The hirer shall occupy the part(s) of the premises agreed upon as a non-exclusive licensee and no relationship of landlord and tenant is created between the hirer and the academy by this hire.

7.      The hirer shall not sub-let any of the premises under the hire agreement.

8.      The hirer shall not use the premises for any purpose other than that agreed upon in the hire.

9.      Any additional uses of the premises not agreed in writing by the academy will result in the immediate termination of the hire.

10.   The academy shall retain control, possession and management of the premises and the hirer has no right to exclude the academy from the premises.

11.   The hirer shall not conduct, nor permit or suffer any other person to conduct, any illegal or immoral act on the premises, nor any act that may invalidate any insurance policy taken out by the academy in relation to the premises.

12.   The hirer shall indemnify and keep indemnified the academy from and against:

a.      any damage to the premises or academy equipment;

b.      any claim by any third party against the academy or academy trust; and

c.      all losses, claims, demands, fines, expenses, costs (including legal costs) and liabilities, arising directly or indirectly out of any breach by the hirer of the hire or any act or omission of the hirer or any person allowed by the hirer to enter the premises

13.   Save that nothing in the hire shall exclude or limit either party’s liability for personal injury or death arising from the negligence of either party or any other liability that cannot be excluded by law, the academy shall not be responsible for any losses of a direct or indirect nature, and its maximum liability to the hirer shall not exceed the total fees paid or to be paid to the academy by the hirer under the hire.

14.   Any cancellations by the hirer received with less than 7 days’ notice may not be credited.

15.   Any cancellations by the academy will be fully refunded/credited through the Bookings Plus (Kajima) system.

16.   The hirer will read and sign the hire induction prior to the start of the hire period, and be ready to follow the emergency evacuation procedures in the event of a fire or other similar emergency.

17.   The hirer will leave the premises in the condition it was found in, leaving the area clean and tidy and not leaving any of their own equipment behind.

18.   The hirer must have vacated the premises at the agreed finishing time of their let. The hirer must ensure that the period they have hired the Trust’s facilities for allows for setting up and putting away any equipment. If the period of usage exceeds the period hired, then the hirer will be liable for a minimum penalty of 1-hour hire charge for each area hired.

19.   The hirer shall not display any advertisement, signage, banners, posters or other such notices on the premises without the prior written agreement from the academy.

20.   If the hirer breaches any of the terms and conditions the academy reserves the right to terminate the hire and retain any fees already paid to the academy, without affecting any other right or remedy available to the academy under the license or otherwise.

21.   The hirer shall observe the maximum capacity rules of the part(s) of the premises being hired and not allow this to be breached.

22.   The hirer will acquire all appropriate additional licenses for any activities they are running, including those required for use of any third party intellectual property.

23.   The hirer is responsible for carrying out any risk assessments of the premises relating to the activities they are running.

24.   An enhanced cleaning fee per hired space may be applicable for hires although this will remain under review. Fees will usually be included in the quoted fee. Removal of the fee will be at the discretion of the academy

Equipment

25.   Specialist rooms and equipment (including PE equipment, Music equipment and sound systems, public address (PA) systems, stage lighting, Projectors, TV screens and all other associated equipment) are not included in the letting arrangements, unless specifically requested in the application form and approved by the School/Trust.

26.   Such applications must specify the name and qualifications of the person taking responsibility for their proper use.

27.   Any furniture provided by the hirer must be removed immediately after the end of the letting.

28.   The School/Trust does not provide first-aid medical facilities for hirers nor does it guarantee access to the public telephone system for calling assistance during lettings. Hirers should make their own arrangements in this respect.

29.   Any IT/AV equipment that you bring onto the premises must carry a valid and up to date PAT certificate.

Safeguarding

30.   BOA Trust are dedicated to ensuring the safeguarding of all children and young people at all times

31.   It is the responsibility of the hirer to ensure that appropriate safeguarding measures are in place while hiring out the space. BOA Trust requires DBS reference numbers to be available for all persons involved in the delivery of the hirer’s business when children and young people will be on site. It is the responsibility of the hirer to ensure that suitable DBS clearance is in place and that well managed safeguarding policies and procedures are in place.

32.   Hirers who are using the Trust premises to provide activities for children and young people aged 18 and under (“children”) must provide the hirer with a copy of their Safeguarding and Child Protection Policy which must clearly reference:

o    Safer recruitment, training and induction for staff;

o    Welfare and reporting arrangements for raising concerns about young people; o Arrangements for raising concerns with regard to adults working with young people;

o    Arrangements for Disclosure and Barring Service (“DBS”) checking and barred lists checks where appropriate.

33.   The Hirer shall ensure that where a hiring involves activities aimed predominantly at children, and/or the activity is positively supported by the school for the attendance of them, in addition to the provision of policy and procedures, the Hirer and any person identified by the Hirer likely to have contact with children, must have been subject to enhanced DBS checks and barred list checks where appropriate.

34.   Hirers are reminded that Trust facilities may be used for a range of activities with users arriving and leaving at varying times. Hirers are responsible for the safeguarding of all young people for whom they are providing activities while those young people are on Trust premises. It is recommended that all children are met at Reception, escorted to their activity, and returned to Reception at the end of the activity for collection by their parents or carers

Fire Safety

35.   Hirers’ induction will include instructions on evacuating the building.

36.   Hirers are responsible for ensuring that all adults and children involved in their activity leave the building as quickly as possible.

37.   Adults waiting for their children in the public atrium area of the academy do so at their own risk but will be evacuated by School site staff or the hirers using the premises.

38.   All users should familiarise themselves with the fire alarm and evacuation procedures.

Insurance

39.    It is the responsibility of the hirer to effect whatever insurance he considers necessary to cover their liabilities. The hirer shall be responsible for all matters relating to health and safety and shall be responsible for those in attendance during the specified time and must take out its own public liability insurance to a minimum value of £5 million with a reputable insurer and, where requested by the academy, shall provide of copy of the relevant insurance certificate no less than 24 hours before the start date of the hire.

Legal Requirements

40.   The Hirer shall comply with all legal requirements concerning consumption of intoxicating liquor, music, singing and dancing licences, theatre licences and copyright – whichever is in place.

41.   The hirer shall be fully responsible for obtaining any licences or other permissions required, always providing that no such application shall be made without the prior approval of the Trust. The hirer shall indemnify and keep indemnified the Trust, from and against all costs, claims and demands which may be made against the Trust for any breach or infringement of copyright

42.   This hire shall be governed, construed and interpreted in accordance with the laws of England and Wales.

43.   The academy and the hirer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from this hire.

44.   The hirer shall comply with all applicable laws and regulations relating to its use of the premises.

45.   The academy’s premises hire policy, and the hire agreement and the signed hire induction form issued by the academy shall apply to and are incorporated in the hire.

46.   All hirers will be expected to complete and sign a Hire Induction form prior to the start of the hire