Bookings - Conditions of Hire
In these conditions the following expressions shall be interpreted as following:
a) "the Council" means the City of Wolverhampton.
b) "the Manager" means the Facility Manager for the time being of the Council or his or her authorised assistant.
c) "the Premises" shall be the establishment or such areas thereof together with any facilities of equipment hired thereto and to include dressing and other accommodation attached to the particular room.
d) "the Hirer" means the person making the application for the hire of the premises.
All applications for the hire of the premises must be made online or in writing on the forms available from the Manager. Please note careful attention must be made to the return period. In all cases the application form should be returned duly signed and completed to the Manager at least 28 days prior to the date of hiring. The person in whose name the application is made shall be deemed to be the Hirer for the purpose of these conditions. Where all organisation and club is named overleaf, that organisation or club shall also be considered the Hirer and shall be jointly and severally liable thereon with the person in whose name the application is made.
(Online application - the booking form can be printed out at the end of the booking process, this will also be sent by email providing a valid email address is supplied when making your booking online).
The Council reserve the right at any time to refuse or cancel the hire of the premises.
The appropriate deposit shall be paid (25% of the total cost) when booking. The balance of any outstanding amount due shall be paid to (name of Venue) not less than 7 days before the date of hire.
The Council reserves the right at any time to refuse or cancel the hire of the premises which they consider to be objectionable or in any way detrimental to the letting of the premises. The Council shall not be liable for any payment whatsoever either to the Hirer or to any other person in respect of any loss or damage in any matter from the cancellation of any hire of the premises.
The Council shall not be responsible for any loss or damage suffered by or to the Hirer or any other person as the result of any breakdown, leakage or accident whatsoever, necessitating the cancellation or interruption of the hiring and the Hirer shall indemnify the Council against any costs, claims demands arising out of such breakdown, leakage or accident.
If the Hirer wishes to cancel the hiring in whole or in part the Hirer should give the Council not less than one month notice to that effect. If such notice is given not later than one month prior to the period of hire the Council will refund to the Hirer the deposit, but otherwise the Council will be entitled to retain the whole of the deposit.
The Hirer shall not assign, sub-let or sub-license any -part of the premises without prior approval of the Manager and the premises shall only be used for the purposes stated on the form of the application.
Any furniture, apparatus or appliances delivered to the premises by or on behalf of the Hirer must be unloaded, placed in position and removed by the Hirer or persons employed by him for such purposes, at such times as shall be agreed by the manager and/or his/her assistant and no such furniture, apparatus or appliances shall be delivered or placed in position on the premises without the previous consent from the Manager or his/her assistant.
The premises must be vacated by all persons visiting the premises for the purpose of hiring upon the expiration of the hire period. The hours of hire are a total of those for which the premises may be used by the Hirer as shown overleaf and do not refer to the duration of the programme.
No decorations are to be placed upon or additions made to the premises to included structure and fixtures, without the consent of the Manager or his/her representative. No nails, screws or other fittings shall be driven or fixed into or on any part of the premises, only such bills, posters, flags, emblems as may be permitted by the Manager can be displayed and only in the manner directed by the Manager.
No right to supply refreshments of any kind whatsoever shall be deemed to be given to the Hirer or to any other person by grant of the use of the premises.
No intoxicating liquor shall be brought onto the premises. General laws governing the sale and provision of intoxicating liquor, on site, shall apply.
The Council does not accept any responsibility with respect to the sales or collection of monies on behalf of the Hirer. The Hirer during the period of hire must provide his own money takers, ticket takers, instructors and such attendants as may be thought necessary by the Manager for the proper conduct and running of the particular event together with at least two life savers where a swimming pool is hired. Life savers shall be qualified to current RLSS life saving qualification and proof of such qualification shall be provided at the time of booking. Upon request such life savers shall undertake training as required provided by the Venue. If such qualified life savers or instructors are not available, qualified facility staff must be employed at the rate appropriate in the scale of charges. If the Venue does not have any life savers in the activity to be undertaken available, the Manager reserves the right to cancel the engagement. If instructors are to provide music for any event he/she as an individual have the responsibility of either providing their own PPL licence or using pre-paid tapes.
The Hirer shall leave the premises in a clean and as good order and condition as at the commencement of the hire. If default is made the Hirer shall repay to the Council a reasonable charge for putting the premises in good order and condition. The Hirer shall be responsible for and shall pay to the Council on demand the amount of any damage done or occasioned to the premises or the fixtures, fittings, apparatus, furniture or other contents thereof during the use of the premises by him. The amount for such damage shall be estimated by the Council, whose decision is final. Any further charge becoming payable as a result of exceeding the allocated period of hire or for any other reason shall be payable within 7 days of receipt of the appropriate invoice and shall be recommendable as a single contract debt. The Council reserve the right to alter fees and charges without notice. The fee or charge payable shall be that ruling at the time of the event, not at the time of the application, unless specifically agreed in writing with the Manager. The Hirer will be informed of the change in fees and will have the right to cancel the booking without cost and without the right to make any claim against the Council in respect of such cancellation.
The fee, unless specifically stated to the contrary, is for the use of the premises, together with such dressing accommodation, seats, apparatus or appliances. Any other equipment required by the Hirer must be provided at his own cost. The fee also covers heating and lighting, the normal preparation and reinstatement of the premises and accessories and the normal service of the attendance under the direction of the Manager or his/her assistant but do not include any other work. This may include the special facilities for television coverage. In explanation this paragraph refers to the provision or normal services provided by staff and the Venue for use when hiring. However, should the Hirer require any other specific service not normally provided, the Hirer must cover the cost.
The privilege hereby granted is a personal license only and not a lease of the premises.
The use of glass bottles for any drinks or any other purpose is not permitted in any of the changing or sports facilities.
During the period of hiring the Hirer should keep all emergency exits, gangways, passages and staircases clear of obstructions and interference therewith.
The Hirer shall be responsible for:
a) The payment of the fee and other charges.
b) The provisions of Car Park stewards to control entrance to the premises and to preserve order during the hiring. In the event that the Hirer is unable to maintain good order the Manager or his/her assistant shall have the power to remove from the premises any person, contravening these conditions or behaving in a disorderly or indecent manner, without stating the reasons.
c) The employment of any police officer at the request of the Manager.
d) Indemnify the Council from and against damage on the premises, to furniture, fittings, apparatus, appliances or other property whatsoever during the period of hire or arising as a result of such hire and the expenses of making good such damage.
e) To indemnify the Council against liability for loss or damage to any property, articles or things whatsoever placed or left upon any part of the premises.
f) All claims, costs and damages arising as a result of accidents causing death or injury to the Hirer or any person using the premises under or in pursuant of this hiring accept so far as such loss, damage or injury may be directly attributable to the negligence of the Council or its servants or agents.
g) The Hirer shall inform the Manager or his/her assistant of any accident, resulting in injury no matter how minor, which occurs on site during the hire period. The Hirer shall insure against death or injury to third parties and damage to property belonging to third parties arising out of the use of the Venue during the period of hire and shall produce to the Manager the current insurance policy covering the risks referred to, at least 14 days before the date of the hiring. The minimum cover required is £5,000,000.
h) The provision of suitably trained persons to be on duty and be responsible for the safety of the persons using the premises during the whole of the period of the hiring as deemed necessary by the Manager. The Manager reserves the right to confirm the qualifications of any training person or instructor prior to agreeing the hire and whilst undertaking activities the trained person shall comply, at all times, with the appropriate rules of any related governing body.
i) Compliance with the regulations relating to the premises and any other conditions and regulations which from time to time in force. The Hirer shall comply with all reasonable requests from the Manager, or his/her authorised assistant, who shall be deemed to be the agent of the Council in respect of the premises and for the user there of during the period of the hire and the Hirer shall strictly observe the Venue's Emergency Action Plan.
j) Compliance with the requirement of Section 12(1) of the Children and Young Persons Act 1933 regarding the safety of children and entertainment.
k) Carrying on his obligations under the Health and Safety at Work Act 1974. Not only in respect of the Hirer's employees but also in respect of employees of the Council and members of the public.
The Hirer shall permit the Council, their authorised officers and employees to enter the premises at all times.
The Manager or his/her assistant is responsible for the enforcement of these regulations. The Council is required to prevent the use of any article, appliance or apparatus at any event, exhibition or performances which he may consider objectionable or dangerous. Hirer's are responsible for ensuring that equipment brought onto the premises, to include electrical goods, are safe for use.
No substances of an inflammable or explosive character or producing an offensive smell are to be brought onto the premises.
The bye-laws of the Council and other statutory requirements for the time being in force for the management, use and regulation of their public swimming pools and Venues must be strictly observed by the Hirer, where applicable.
The maximum number of persons to be admitted to the function is not to exceed (the amount) (as stated on front form) and during the period of hire the Hirer must keep a note of the number of persons admitted and show the same on demand to the Manager.
Breach of Conditions
Following any breach of the forgoing conditions by the Hirer as to which the decision of the Manager shall be final, the Council may terminate the hiring forthwith, both as to the occasion of the said breach and as to any future booking and even if the period has not expired, but the Hirer shall be liable to pay the Council the full amount payable in respect of the hiring and the amount of any damage payable under the foregoing conditions.