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May 2018

These Conditions will govern the hire/use of the Sports Fields managed by Charvil Parish Council (the Council) and located adjacent to the Margaret Gimblett Pavilion at Park Lane, Charvil.

  1. Definitions
    1. The “Contract” means the completed Sports Field Booking Form (generated by the Council’s booking system) signed by the Hirer, together with these Sports Fields Terms and Conditions and the Sports Pitch Fee Schedule (both as shown on the Council’s website).
    2. The “Hirer” means the individual signing and completing the Sports Pitch Booking Form, and they will be the person responsible for payment and for any debt arising out of making the booking.
    3. The “Facility” means the premises (or parts thereof) managed by the Council and includes any equipment and/or facilities provided for use by the Hirer under this Contract.
    4. ”Assistant Clerk” means the individual within the Council responsible for allocating sports pitches and for invoicing the Hirer.
  1. Sports Field Booking
    1. Applications for the hire of sports fields will only be considered on submission of a completed Sports Pitch Booking Form.  When the hire has been confirmed by the Council, a binding Contract will exist.
    2. If subsequent changes to the hire are required, the Council will make every effort to accommodate the Hirer but cannot guarantee that sports pitches will be available.
    3. By entering into this agreement, the Hirer accepts that the Council will hold their details for the purpose of carrying out the booking.  The Council will not use this information for any other purpose apart from any future bookings which the Hirer may make.  See also the Council’s ‘Hirers Privacy Notice’, available on the Council’s website.
  1. Obligations of the Hirer – The Hirer will be responsible for:
    1. undertaking a full risk assessment for the event and forwarding this to the Council prior to the event taking place;
    2. the supervision and control of users and visitors at the facility during the period of hire;
    3. informing the Council of any damage or injury sustained by any person or any Council property during the period of hire. The Hirer must inform the Assistant Clerk in writing detailing the location, time and date of the damage/injury, the nature of it and the likely cause, by emailing bookings@charvil.com;
    4. ensuring that all users conduct themselves in a proper and correct manner with due consideration for other users. Abusive and/or threatening behaviour, whether verbal or physical, towards the staff of the Council, the attendants or other members of the public on site will not be tolerated for any reason and may lead to the Council cancelling all future bookings for the individual/group.  Any such incidents will be investigated on a case by case basis;
    5. ensuring that no users leave any valuables on site unattended during the period of hire (refer also to Article 13 below). Any such valuables would be onsite entirely at their owner’s risk;
    6. ensuring that the Facility is left in a clean condition after the hire and that all litter is collected, bagged and removed from site. The Hirer must use its own litter bags to ensure that public bins are not filled.  The Council may charge the Hirer with the cost of the Council disposing of additional refuse;
    7. ensuring that access gates to the field are locked immediately after each vehicle entry/exit, and remain locked during and after the hire. The Hirer will be charged for any damage caused by vehicles entering the field, and for the removal of any Third Parties who may gain access due to a breach of this Article 3.7;
    8. ensuring that the Council’s ‘No Smoking’ Policy is adhered to at all facilities during the period of hire;
    9. collecting and returning any keys required to use the Facility. These will be made available by the Assistant Clerk prior to the event.  A deposit may also be required for each set of keys issued;
    10. ensuring that all users are made familiar with, and comply with these Sports Fields Terms and Conditions and with all reasonable requirements of the Council for the safety and convenience of those using the Facility;
    11. ensuring that no damage is done to the cricket pitch. Measures may be implemented by the Council to cordon the area off; however, the responsibility for any damage remains with the Hirer;
    12. ensuring that all users respect the privacy of residents living adjacent to the facility, and their right to the quiet enjoyment of their homes.
  1. Fees and Charges
    1. The Council reserves the right to vary its charges without notice.  Fees will be charged at the rates shown on the Council’s website at the time of the booking.
    2. If the Hirer’s use of the Facility extends beyond its allocated time, the Hirer will be liable for an excess charge.  These incidents will be investigated on a case by case basis, but the excess will generally be charged at twice the applicable rate. 
  1. Payment
    1. The person who has completed and signed the Sports Field Booking Form will be responsible for payment of the fees and liable for any debt that arises out of this Contract.
    2. For ad‑hoc users the fee must be paid, in ‘cleared funds’, prior to use of the field (cheques made payable to Charvil Parish Council).
  1. Cancellations by the Council
    1. The Council will endeavour to provide the Facility on the date and time booked by the Hirer.  However, in the case of bad weather or under exceptional circumstances (e.g. for health and safety reasons), the Council reserves the right to cancel the use of the facility at any time.  In such circumstances the Council will refund the cost of the hire but shall be under no liability for any expense incurred or loss sustained by the Hirer as a result of the cancellation.
  1. Cancellations by the Hirer
    1. The Hirer is responsible for notifying the Assistant Clerk in writing by emailing bookings@charvil.com of any cancellation or requested alteration to the booking at least three clear days in advance of the date of proposed hire.
    2. If the Assistant Clerk does not receive written notification of cancellation at least three clear days in advance of the proposed hire, the Hirer will be required to pay the full cost of the hire.
  1. Right of Entry
    1. Members of the Council and its Officers shall at all times during the period of hire have free and unrestricted access to the Facility, and instructions must be given by the Hirer to its officials for this access.  The Council reserves the right at its absolute discretion to refuse admission to or evict any person from the Facility.
  1. Prohibition of Assignment 
    1. The rights to use the Facility under the Contract shall not be sublet, assigned or otherwise transferred and the Hirer shall not assign the benefit or burden of the Contract or any part thereof, or sublet or subcontract any part of the Facility. 
  1. Liability
    1. The Council is not responsible for, and will not accept liability for, any loss, damage, injury or death, (whether to property or person) sustained by any person or persons in the Facility, howsoever caused, except where such loss, damage, injury or death is caused by the Council’s negligence or any defect in its Facility. 
  1. Indemnity
    1. The Hirer shall repay the Council on demand the cost of reinstating, repairing or replacing any part of the Facility or any property in or upon the Facility, which is damaged, destroyed, stolen or removed during the period of hire, or prior or subsequent thereto if in relation to or by reason of the hiring.
    2. The Hirer shall obtain Public Liability Insurance for a minimum of £2 million (two million pounds Sterling) to indemnify the Council against any death or injury to any party, or loss or damage of property belonging to any persons arising out of the use of the Facility during the period of hire.
    3. The Hirer shall produce evidence of such insurance as described above at least 14 days before the date of hiring, or at the time of booking if that is less than 14 days before the event.  Failure to provide this evidence will automatically cancel any booking which has been made.
    4. The Hirer shall indemnify the Council against all claims, demands, actions and proceedings arising out of any infringement of copyright, or the unauthorised performance or use of any recording apparatus or contrivance at the Facility during the period of hire.
  1. Licences
    1. Where music is to be played, the Hirer shall ensure that they hold a Performing Rights Society Licence and Public Performance Licence which permits the use of copyright music in any form (e.g. record, CD, tapes, radio, television or by performers in person).  If other licences are required in respect of any activity in the Facility, the Hirer must ensure that they hold the relevant licence.
    2. Sale of Alcohol: the Facility is not licensed for the sale or supply of alcohol.  No alcohol is permitted to be sold for consumption in any part of the premises without express permission of the Council in writing.  With written agreement from the Council, the Hirer will be responsible for obtaining the necessary Temporary Event Notice (TEN) from the Licensing Authority and the Police no later than 10 working days before the event.  A copy of the TEN must be on the premises during the event.  The Police and Local Authority have rights of entry to the premises to assess the likely effect of the TEN on crime prevention. 
  1. Personal Property
    1. The Council may remove (and store if practical) any property left behind by the Hirer after the expiry of the times provided in the Contract.  The Council shall not be held responsible for any damage to or theft of any such property during any such removal or storage.  The Hirer agrees that the Council shall be entitled to dispose of any property left at the Facility as a result of the hiring and not claimed within 28 days. 
  1. Car Parks
    1. Car Parks at the Facility may be used by the Hirer but remain under the control of the Council and available to other users of the park.  Officials and participants may use the car park free of charge to park their own motor vehicles but these vehicles are left entirely at their owner’s risk.  The Council does not make any claim or warranty as to the safety of the car park.
    2. The Hirer must ensure that cars parked at the Facility do not cause damage to grass verges or the field, and do not restrict access to any emergency services if required to respond to a call in the vicinity. 
  1. Notices
    1. No notices or placards erected, displayed or provided by the Council may be removed or covered up. 
  1. Collections and Lotteries
    1. No collections, games of chance, sweep stakes or lotteries nor any betting of any kind may be conducted at the Facility.
  1. Broadcasting, Advertising and Photography
    1. No Hirer shall grant sound, advertising, television broadcasting or film rights without the prior written consent of the Council.  If such consent is given, the Council reserves the right to be a party to any negotiations and to the terms and conditions of any Contract reached, and to share any income and publicity derived therefrom.
    2. No commercial photography and/or filming may take place at the Facility without written consent from the Council. 
  1. Variations to the Contract
    1.  The Council reserves the right to vary the conditions of this Contract at any time on seven days’ notice.  Any variation so made shall be deemed to be incorporated in these conditions. In such circumstances, the Hirer may, within 7 days of receipt of such notice, terminate the Contract and any fees already paid will be refunded by the Council.
  2. Violations to the Contract
    1. The Council reserves the right to terminate any activity if it appears that any of these Sports Fields Terms and Conditions have been or are being violated.  Such determination shall not release the Hirer from any obligation under these conditions or affect any right of remedy which the Council may have under these conditions or otherwise.  The Council shall be entitled to retain and benefit from any monies paid to them in respect of the letting.

 

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