THE HIRE BEING ON THE FOLLOWING TERMS (“the Terms of Hire”):

 

1.00        FEES AND DEPOSIT

1.01        A deposit is normally required to secure a provisional booking. The booking can only be assumed “firm” as and when such deposit is paid and a receipt issued. Deposits are NOT refundable in the event of the Hirer subsequently cancelling the booked date. The deposit may be used towards making good any damage or in connection with any other loss (including fees and expenses) resulting whether directly or indirectly from the Hiring

1.02        The payment of a deposit does not limit the liability of the Hirer and further monies may be sought from the Hirer if costs, fees and expenses exceed the amount of the deposit

1.03        The balance of any deposit (if any) will be returned to the Hirer

1.04        Payment of any balances should be made 4 weeks prior to the Hiring Date or as indicated on the confirmation of Booking Invoice. Hiring within 4 weeks will normally require payment in full

1.05        Failure to comply with any of conditions above may result in the reservation being re-let

2.00        HIRER’S UNDERTAKINGS

2.01        The Hirer shall in any use of the Hired Space:

2.01.01   be responsible for the Hired Space and the behaviour of all persons connected with the Hiring and their car parking arrangements so as to avoid any obstruction to the Diocese or other users of the Hired Space or the Church or those in the vicinity of the Church

2.01.02    be responsible for the health, safety and welfare of all persons entering/using the Hired Space and or entering the Church and its grounds in connection with the Permitted Use (whether formally invited or not) during the Period of Hire and for a reasonable period before and after the Period of Hire

2.01.03   be aware of and be in compliance with the Diocesan health and safety policy and particularly the fire action notice, fire guidance notes and food hygiene requirements as well as any other assessments or guidance relating to the use of the Hired Space

2.01.04   instruct any person attending for the Permitted Use (whether formally invited or not) in the means of escape (fire escapes) and fire action notice in respect of the Hired Space, Church and its grounds

2.01.05   be aware of and in compliance with the Diocesan safeguarding policy

2.01.06   provide copies of all risk assessments and method statements in connection with the Permitted Use

2.01.07   provide a copy of the Hirer’s safeguarding policy and comply with that policy except where in conflict with the Diocesan safeguarding policy where the Diocesan safeguarding policy will take precedence. Where the Hirer has no policy, the Hirer will comply with the requirements of the Diocese in this respect. Persons wishing to make block bookings on behalf of clubs/groups working with children and young persons must provide copies of their Insurances and Child Protection Clearance Certificates

2.01.08   prevent the Hired Space being used in such a way which is unlawful or which does or may cause a nuisance, annoyance or disturbance to others in the vicinity of the Hired Space or the Church. A Noise Limiter, calibrated to 100 decibels, is fitted and its use normally prevents the participation of live bands. Discos are not permitted. The Hirer will need to clarify any type of proposed entertainment when negotiating the Hire with the Hall Manager

2.01.09   prevent damage to any part of the Hired Space and which includes but is not limited to any decorations, furniture, fixtures and fittings or building fabric and be liable for any damage to the Hired Space or the Church connected with the Hiring

2.01.10   in the event of any damage to the Hired Space or the Church or its grounds connected with the Hiring to pay to the Parish Priest on demand the costs of any repair and any loss of income resulting from the Hired Space or the Church not being used which is attributable to the damage

2.01.11   not alter, or move any electrical or heating equipment

2.01.12   not bring any item of electrical equipment onto the Hired Space without ensuring that: it (or they, cumulatively) will not overload the electrical supply and circuitry, and has (or have) been very recently portable appliance tested

2.01.13   not bring into the Hired Space any gas or oil powered appliance including storage cylinders or tanks

2.01.14   obtain and comply with any necessary consents, licences or permissions for the use of the Hired Space including (but not limited to) premises licence and Performing Rights Society licence and produce copies of any such consents licences or permissions to the Diocese or the Parish Priest on demand

2.01.15   comply with any other statutory and or common law provisions or requirements or other requirements of any competent authority

2.01.16   not bring onto the premises or the grounds thereof any alcoholic drinks or permit others to bring in such alcohol

2.01.17   ensure that only alcoholic drinks purchased from the licensed bar of the Hall are consumed on or near the premises

2.01.18   prevent smoking on any part of the Hired Space and building

2.01.19   leave the Hired Space and building in a clean and tidy condition with doors and windows securely locked, lights turned off and all furniture or equipment returned to their original positions (unless otherwise agreed by the Hall Manager). This includes, but is not limited to, sweeping the main hall and kitchen floors, wiping down all kitchen surfaces, bagging all food and non-food debris (in waste bags provided by the Hirer) and placing in the outside waste containers, stacking the chairs in sixes and storing at the opposite end of the Hall to the stage (facing the wall), dismantling tables and returning to their stored position

2.01.20   observe any security requirements for the use of the Hired Space as the Hall Manager may specify

2.01.21   indemnify the Parish Priest and the Diocese from and against all actions proceedings costs claims and demands or other liability which may arise in any way whatsoever in connection with the Hiring including (without limitation) any breach of the terms of this agreement.

2.01.22   not impede the Diocese or anyone authorised by them in the exercise of the Diocese’s rights of possession and control of the Hired Space and the Church

2.01.23   observe regulations and/or requirements made by the Hall Manager and/or the Diocese or its representatives from time to time

2.01.24   ensure that no event or activity is held which contradicts or undermines the public teachings of the Catholic Church or could be considered to do so

2.01.25   not affix or display any signs flags or advertisements at the Church (including the Hired Space) without the Parish Priest’s consent

2.01.26   be responsible for the efficient supervision, safety and good order of all those making use of the Hired Space pursuant to this agreement

2.01.27   not permit parking on the grass area in front of the Hall nor remove or cross the white painted marker stones. Any damage to this area will be the Hirer’s responsibility for which they will be charged

2.01.28   not erect bouncy castles or other such structures either inside the Hall or on the grounds outside the Hall

 

3.00        CANCELLATION BY HIRER

3.01        If the Hirer wishes to cancel the Hiring in whole or in part the Hirer must give the Hall Manager notice to that effect

3.02        If such notice is given not later than one month prior to the Period of the Hiring and if the Diocese is able to effect an alternative hiring then the Diocese will refund to the Hirer the Fee less a 10% administration charge but otherwise the Diocese will be entitled to retain the whole of the Fee.

4.00        CANCELLATION BY CLIFTON DIOCESE

4.01        The Diocese or the Parish Priest on behalf of the Diocese may cancel the Hiring if the Hired Space is required for any purpose in connection with a Parliamentary or local government election or if the Hired Space is rendered unusable or (where the Hiring is a repeat hiring) the Hired Space is required for a Diocesan/Parish function on one of the repeat occasions.

4.02        The Diocese or the Parish on behalf of the Diocese may cancel the Hiring if the purpose of the Hiring is for a use that might contradict or undermine the public teachings of the Catholic Church or could be considered to do so as determined by the Parish Priest

4.03        If the Hiring is cancelled for any such reason as is mentioned in Condition 4.01 or 4.02 the Diocese will give to the Hirer the maximum practicable notice and refund the Fee (or the relevant proportion) but will not otherwise be liable to the Hirer.

5.00        BREACH BY THE HIRER

                If the Hirer fails to observe and perform any of these conditions the Diocese may:

5.01        charge to and recover from the Hirer any expenses incurred by the Diocese in remedying any such failure including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate and

5.02        cancel this or any other hiring of the Hired Space by the Hirer without incurring any liability to the Hirer for the return of any fee or otherwise.

6.00        GENERAL

6.01        The Diocese gives no warranty that the Hired Space is legally or physically fit or suitable for the Hirer’s purposes and the Hirer must satisfy him/herself as to its suitability

6.02        The Diocese and all persons authorised by it (including the Parish Priest) has the right to enter use and occupy the Hired Space at all times

6.03        The Hiring is by way of a licence and form or does not grant any interest or estate in the Hired Space and does not create the relationship of landlord and tenant

6.04        The Hirer shall pay any VAT chargeable in respect of any supply made to the Hirer

6.05        Neither the Diocese nor the Parish Priest shall be liable for the death of or injury to or damage to any property of or for any losses claims demands actions proceedings damages costs or expenses or other liability incurred by the Hirer or any person enjoying or purporting to enjoy the benefit of this agreement (to the extent that exclusion of such liability is permitted by law)

6.06        The Special Conditions attached shall apply to this agreement.


Updated 20th October 2021