Conditions for Hire of Leisure Facilities
NORTH EAST DERBYSHIRE DISTRICT COUNCIL (NEDDC)
REGULATIONS AND CONDITIONS OF HIRING FOR SWIMMING POOLS AND SPORTS CENTRES
1. In these regulations and conditions “the Council” means NEDDC and any reference to “the appropriate or authorised officer” shall mean the Senior Duty Officer or any officer authorised by them.
2. The person making the application for hire of the premises or facilities shall be deemed to be the hirer for the purposes of these conditions and reference to the hirer throughout these conditions shall be construed accordingly. The hirer is personally liable for the hire charges and in cases where more than one person constitutes the hirer, both are jointly liable for the hire charges.
3. All organisations making booking applications will be expected to comply with Health and Safety Law which includes all relevant practices and procedures adopted in the normal operating procedures and emergency action plans for the site and activity area applied for. The applicant will be required to provide relevant certification or policy information relating to qualifications and where relevant, safeguarding policy and affiliations to governing bodies or other approved organisations.
4. Application for the hire of the premises or facilities must be made to the Senior Duty Officer on the official application form at least fourteen days before the proposed date of hiring, except in circumstances approved in writing by the Senior Duty Officer
5. The account for use of the premises or facilities should be paid within seven days of receipt of the official invoice. The hirer will be liable to pay the total hire charge if the booking is cancelled by him/her except that if the cancellation occurs more than twenty-eight days prior to the date of the function the liability of the hirer will be limited to 50% of the total cost.
6. The hirer will not enter into negotiations or agreement with the British Broadcasting Corporation or an Independent Television Authority or any film company for the purpose of broadcasting, televising or filming the whole or any part of any performance without the previous consent of the Council.
7. Catering arrangements must be made with the Senior Duty Officer as far in advance of the event as possible and final arrangements must be made at least fourteen days before the function, any cancellation charge for catering will be the responsibility of the hirer.
8. The Council’s authorised officers shall at all times have immediate right to enter the premises and instructions must be given by the hirer to his staff to permit their immediate admission.
9. No event shall be publicly announced or advertised to take place in the premises until the application has been accepted in writing by the Senior Duty Officer.
10. The hirer shall not permit any photographs to be taken on the premises unless the written approval of the appropriate officer has been obtained prior to the date of the event for which the premises/facilities have been hired and in the event of such approval being given only upon such terms and conditions as may be specified.
11. The hirer shall be responsible for and shall make good in a manner satisfactory to the Council any damage or loss however caused by the hiring to the premises, recreation ground, equipment, fittings or any apparatus and shall pay to the Council the cost of making good any such damage or loss and shall report any such damage or loss to the Senior Duty Officer immediately it is known to have occurred.
12. The hirer shall indemnify the Council against all actions, claims, damages, costs, demands and expenses in respect of loss of or damage to goods or death, injury to persons on the premises or entering or leaving the same in connection with the purpose for which the building or premises is hired, howsoever occurring or caused, which may be brought or awarded against, suffered, sustained or incurred by the Authority and occurring or arising during the time the building is being used or prepared for use by the hirer. Provided always that this indemnity shall not extend to any loss, damage or injury as aforesaid caused solely by the negligent act or default of the Authority, its servants or agents.
13. The hirer shall indemnify the Council against all claims, demands actions and proceedings in respect of any infringement of copyright of any unauthorised performance or use of record apparatus or contrivance by himself or his agents.
14. The hirer shall insure for third party liability in the sum of £5,000,000 (Five million pounds) against death or injury to third parties and damage to property belonging to third parties arising out of the use of the swimming pool/sports centre by reason of the hiring and shall produce to the Senior Duty Officer an insurance policy covering the risk referred to at least fourteen days before the date of the event for which the premises/facilities have been hired, together with the renewal receipt in respect of the premium payable for the current period of insurance.
15. The hirer shall ensure that the premises are cleared of members of the public by the time stated on the hire form for commencement of the event and that the premises are left in a tidy and orderly condition at the end of the period of hire.
16. No alterations or additions shall be made to the swimming pool/sports centre or to the fittings thereof and only such articles as may be authorised by the appropriate officer may be brought on the premises.
17. No decoration or notices (external or internal) shall be put up. No nails or screws shall be driven into any part of the building and no alterations made in the arrangement of the swimming pool/sports centre except with the approval of the appropriate officer and such approval shall be subject to such conditions as the appropriate officer may specify.
18. With the exception of Guide Dogs, no dogs or other animals shall be routinely permitted access into the premises. without the consent of the appropriate officer.
19. No hirer may sell or allow to be sold on the premises any refreshments, tobacco or goods of any description without the prior consent of the Senior Duty Officer.
20. The hirer shall employ sufficient attendants to maintain good order and safety during the hiring and shall not allow drunkenness, disturbance or disorder. Any persons under the influence of drink or creating a disturbance or behaving in a disorderly manner shall forthwith be expelled from the premises by the hirer and in default by any authorised officer of the Council.
21. For the hire of swimming pools the Council will specify the number of attendants which the hirer should provide at waters edge having regard to the particular event and will provide the hirer with information regarding the duties of such attendants. All attendants provided by the hirer should be qualified to at least National Pool Lifeguard Award of the Royal Life Saving Society and this qualification must have been taken within the previous twelve months. The Council will provide one attendant at waters edge who will be in control of attendants provided by the hirer in relation to supervision of the pool.
22. Subject to the provisions of the Unfair Contract Terms Act 1977, the Council does not accept any liability for accidents to persons entering, leaving or upon the premises, recreation ground during the period of the hiring or for the loss of or damage to
clothing or articles left on the premises or recreation ground.
23. Music recordings, Films and Videos should not be played in the premises by the hirer unless any necessary license has been obtained and produced in advance of the event to the Senior Duty Officer or his representative.
24. The hirer shall not permit the sale of materials relating to endangered species – for example, elephant tusks and rhino hide, etc.
25. No work of any kind may be performed in the swimming pool/sports centres which will infringe any copyright.
26. The hirer shall comply with all reasonable requests of the appropriate officer who shall be deemed to be the agent of the Council in respect of the swimming pool/sports centre and the use thereof during the period of hiring.
27. The hirer shall carry out and observe all instructions issued on behalf of the Council by its duly authorised officers regarding precautions to be taken to safeguard the premises/facilities from damage by fire or other cause and to prevent injury to persons or property.
28. The event for which any part of the swimming pool/sports centre is hired shall commence at such time as may be agreed upon by the hirer which shall be stated in the application form and accepted by the Council.
29. If in the Council’s opinion any breach of the foregoing regulations or conditions occurs by the hirer (as to which the decision of the appropriate officer shall be final) the Council, acting by the authorised officer may terminate the hiring forthwith both as to the occasion of the said breach and as to any future bookings and even if the period of hiring has not expired but the hirer shall be liable to pay to the Authority the full amount payable under the foregoing regulations and conditions.
30. Gambling of all kinds is strictly prohibited within the premises and persons found to be in breach of this regulation shall be forthwith expelled from the premises by the hirer and in default by any authorised officer of the Council.
31. Any scenery, draperies, properties or decorations brought into the swimming pools/sports centre shall be of either inherently flame retardant material or be rendered so and maintained in this condition. Highly inflammable and readily ignitable materials such as paper, celluloid or cotton wool shall not be used.
32. The hirer must ensure that all passageways, courts, ramps, etc to which the public have access and which lead to outside premises shall at all times when the public are on the premises be kept free from obstructions.
33. The hirer shall be responsible for ensuring that all licensing conditions particularly those conditions relating to public safety are strictly enforced.
34. Authorised officers of the Fire Service or other similar organisations shall have free access to all parts of the premises at any time when the function is in progress.
35. When musical works, films or videos are to be performed or played in the premises the hirer shall submit to the Senior Duty Officer within twenty-four hours of the event a list of such musical items for transmission to the relevant licensing organisation or a certificate of approval from the relevant body for the period of hiring
36. The Senior Duty Officer may, at his discretion, without the payment of any compensation, cancel any facility previously booked by an organisation. This will normally be done within 7 days of the booking commencement unless justifiable circumstances do not allow for this to happen including failure to comply with agreed hiring protocols or associated information provision.
37. The Council reserves the right to refuse any application without giving any reason for such refusal or to cancel any engagement which they consider likely to be objectionable or in any way detrimental to the letting of the swimming pool/sports centre and the Council shall not as a result of the exercise of this right incur any liability for any breach of contract. Any fees paid in such circumstances will be refunded but the Council will not be held liable for any other consequential loss or expenses incurred by the hirer either directly or indirectly resulting from such cancellation or prohibition.
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