This Hire is between you (the “Hirer”) and the City of Wolverhampton Council who will be referred to in this document hereafter as the “WV Active”. For the purpose of clarity, WV Active is wholly owned by the City of Wolverhampton Council (“the Council”) and use of WV Active include employees of the Council.
1. DEFINITIONS
In these conditions the following expressions shall be interpreted as following:
Booking Form means the form filled out by the Hirer for Events Hire Bookings or Organisation or Affiliated Club Bookings and accepted by WV Active for the Hire of the agreed area within the relevant WV Active Centre.
Facilities means the hire of the agreed area of the relevant WV Active Centre, together with any facilities of equipment hired thereto and including the non-exclusive use of dressing rooms and other accommodation attached to that agreed area.
Hire Fee means the cost payable by the Hirer for the Hire of the Facilities as set out in the Booking Form
Hire means use of the Facilities at the relevant WV Active Centre as defined in the Booking Form.
Hire Agreement means the agreement with organisations or affiliated clubs for a hire of an agreed area within a WV Active Centre for a period that is in excess of 12 months. Such Hire Agreement can be obtained by contacting a WV Active Centre.
Hirer means the person or organisation in whose name the application is made for the Hire of the Facilities
Manager means the manager for the WV Active Centre for the time being or their equivalent or his or her authorised assistant.
WV Active Centre means Central Baths Leisure Centre, Aldersley Leisure Village and Bert Williams Leisure Centre
2. APPLICATION OF HIRE
2.1 Hirers must apply for the Hire of a WV Active Centre by filling out the Booking Form.
2.2 The Hirer may apply to book the WV Active Centre using one of the three methods which are as follows:-
2.2.1 Block Booking is a regular booking made by the Hirer of 10 or more consecutive sessions in the same activity and at the same facility. Block Bookings must be paid for in full and in advance of the first session.
2.2.2 Events Hire Booking is the hire of the Facilities for an event or events and must be made in advance. For the avoidance of doubt an Events Hire Booking is a booking which is not a Block Booking and the Hirer is not classed as an organisation, school or affiliated club.
2.2.3 Organisation, School or Affiliated Club Booking means two or more bookings in a year and made in advance for use of the Facilities. For the purpose of clarity this does not include pay as you go use of the WV Active Centre, Events Hire Booking or Block Booking customers.
2.3 The Hirer must enter into a Hire Agreement where the above three methods do not apply, and the Hirer seeks to hire facilities at a WV Active Centre for a period that exceeds 12 months.
2.4 The Hirer will be required to complete the Booking Form which is available from the WV Active Centres. The Booking Form should be returned duly signed by the Hirer and given completed to the Manager at least 28 days prior to the date of the Hire, unless the Hire is less than 28 days away, to which the date of return of the Booking Form will be specified by the Manager on booking.
2.5 The person or organisation in whose name the application is made shall be deemed to be the Hirer for the purpose of these Terms and Conditions. WV Active reserves the right at any time to refuse or cancel the Hire of the WV Active Centre.
3.PAYMENT AND COSTS
Block Bookings
3.1 Where the Hire of the Facilities is deemed to be a Block Booking as defined in clause 2.2.1 above, the following payment terms apply:-
3.1.1 The full Hire Fee must be made a minimum of 14 days in advance of the commencement of the first session. Bookings made with less than 14 days of the commencement of the first session require payment at the time of booking.
3.1.2 The Hire Fee is non-refundable but one session per 10 week block may be moved at the discretion of the Manager.
3.1.3 Cheques to be made payable to “Wolverhampton City Council’ and must quote the booking reference number on back of cheque.
3.1.4 For other payment methods see reverse of invoice or request details from the staff at the WV Active Centre
Event Hire Booking:
3.2 Where the Hire of the Facilities is deemed to be an Event Hire Booking as defined in clause 2.2.2 above, the following payment terms apply:-
3.2.1 The Hirer will pay WV Active a minimum deposit of 25% of the total cost of the Hire fee within 14 days of booking. The deposit is non-refundable.
3.2.2 The balance of any outstanding amount due must be paid to WV Active on the day of the Hire event or within the terms of the invoice, whichever is sooner.
3.2.3 Cheques to be made payable to “Wolverhampton City Council’ and must quote booking reference number on back of cheque.
3.2.4 For other payment methods see reverse of invoice or request details from the staff at the WV Active Centre
Organisation, School or Club Affiliated Booking:
3.3 Where the Hire of the Facilities is deemed to be an Organisation, school or Club Affiliated Booking as defined in clause 2.2.3 above, the following payment terms apply:-
3.3.1 The Hirer will pay WV Active a minimum deposit of 25% of the total cost of the Hire fee within 14 days of booking. The deposit is non-refundable.
3.3.2 The Hire Fee must be paid to WV Active within 28 days of the invoice date. To be eligible for a VAT exemption you must meet the required regulations. These are available on request from the Manager.
3.3.3 Cheques to be made payable to “Wolverhampton City Council’ and must quote booking reference number on back of cheque.
3.3.4 For other payment methods see reverse of invoice or request details from the staff at the WV Active Centre
3.4 The fee or charge payable shall be that ruling at the time of the Hire and not at the time of the application, unless specifically agreed in writing with the Manager. The Hirer will be informed of the change in the Hire Fees and will have the right to cancel the booking without cost and without the right to make any claim against WV Active in respect of such cancellation.
3.5 WV Active reserves the right to make additional charges for activities exceeding the hire period.
3.6 The Hire Fee, unless specifically stated to the contrary, is for the use of the Facilities, and any other equipment which is required must be discussed and agreed with the Hirer and must be provide at their own cost.
3.7 The Hire Fee also covers the costs associated with heating and lighting, however there are additional charges for using additional heat and light sources due to seasonal changes and requirements. These will be discussed and agreed upon at the booking stage and applied under the direction of the Manager. And will be listed on the Booking Form. This may include the special facilities for television coverage. In explanation, this paragraph refers to the provision of standard services provided by staff and the Facilities for use when hiring. However, should the Hirer require any other specific service not normally provided, then for this Hirer must cover the cost.
3.8 WV Active reserve the right to alter fees and charges
4. HIRERS OBLIGATIONS
4.1 The Hirer must comply with the regulations relating to the Facilities and any other conditions and regulations which WV Active may from time to time enforce.
4.2 The Hirer shall comply with all reasonable requests from the Manager who shall be deemed to be the agent of WV Active in respect of the WV Active Centres and for the user there of during the period of the hire and the Hirer shall strictly observe the Facilities Emergency Action Plan which is available on request.
4.3 The Hirer must comply with the requirements of Section 12(1) of the Children and Young Persons Act 1933 regarding the safety of children and entertainment.
4.4 The Hirer must comply with his obligations under the Health and Safety at Work Act 1979, not only in respect of the Hirer’s employees (paid or volunteers) but also in respect of the employees of the WV Active and members of the public.
4.5 The Hirer shall permit WV Active, their authorised officers and employees to enter and have access to the Facilities at all times.
4.6 The Hirer must take all steps to prevent the use of any article, appliance or apparatus at any event, exhibition or performance which WV Active consider objectionable or dangerous.
4.7 The Hirer is responsible for ensuring that all equipment brought onto the WV Active Centres, including electrical goods, are safe for use and PAT tested (evidence to be provided by the Hirer to WV Active in advance of the Hire and when otherwise requested).
4.8 Hirers must not bring to the WV Active Centres any items /substance of an inflammable or explosive character or producing an offensive smell.
4.9 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.
4.10 The maximum number of persons to be admitted to the Facilities are not to exceed the amount as stated on the Booking Form during the period of hire and the Hirer must keep a note of the number of persons admitted and show the same on demand to the Manager.
4.11 During the period of hiring the Hirer should keep all emergency exits, gangways, passages and staircases clear of obstruction and interference therewith.
4.12.1 The payment of the Hire Fee and other charges within the terms stated on the invoice and/or booking form.
4.12.4 The Hirer will indemnify WV Active against all proceedings, costs, claims, damages, expenses and liabilities including but not limited to any injury to any person or loss or damage to property (whether owned by the WV Active or not) arising in consequence of any negligent act or omission of the part of the Hirer.
4.12.5 The Hirer shall inform the Manager of any accident, resulting in injury no matter how minor, which occurs at the Facilities during the hire period. The Hirer shall insure against public liability risks (including member to member liability) arising out of the use of the Facilities during the period of hire and shall produce to the Manager the current insurance policy covering risks referred to, at least 14 days before the date of hiring and when otherwise requested by WV Active. The minimum cover required is £5,000,000. Failure to produce the evidence of insurance will give the Council a right to cancel the Hire without notice.
4.12.6 The Hirer will ensure a suitably trained person will be on duty and be responsible for the safety of the persons using the Facilities 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 to the Hire and whilst undertaking activities the trained person shall comply, at all times, with the appropriate rules of any related governing body, including the responsibility of holding appropriate music licences.
4.13 The Hirer shall not assign, sub-let or sub-licence any part of the Facilities without prior approval of the Manager and the Facilities shall only be used for the purposes stated on the Booking Form.
4.14 Any furniture, apparatus, or appliances delivered to the Facilities 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 no such furniture, apparatus or appliances shall be delivered or placed in position at the Facilities without the previous consent from the Manager. Any costs relating to this clause 4.14 are to be covered by the Hirer.
4.15 No decorations are to be placed upon or additions made to the Facilities to include the structure and fixtures, without the consent of the Manager. No nails, screws or other fittings shall be driven or foxed into or any part of the WV Active Centre, but 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.
4.16 The Facilities must be vacated by all persons visiting the Facilities for the purpose of Hire upon expiration of the hire period stated on the booking form
4.17 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 Facilities.
4.18 No intoxicating liquor shall be brought to the WV Active Centres unless agreed in writing by the Manager. General laws governing sale and provision of intoxicating liquor, on site, shall apply.
4.19 WV Active does not accept any responsibility with respect to the sales or collection of monies on behalf of the Hirer.
4.20 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.
4.21 Life savers shall be qualified to current RLSS lifesaving qualifications and proof of such life savers shall undertake training as required provided by the WV Active Centre.
4.22 If such qualified savers or instructors are not available, qualified facility staff must be employed at the rate appropriate in the scale of charges.
4.23 If the Facilities does not have any life savers in the activity to be undertaken available, the Manager reserves the right to cancel the engagement.
4.24 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.
4.25 The Hirer shall leave the Facilities in a clean and as good order and condition as at the commencement of the hire.
4.26 If default is made the Hirer shall repay to WV Active a reasonable charge for putting the Facilities in good order and condition.
4.27 The Hirer shall be responsible for and shall pay to WV Active on demand the amount of any damage done or occasioned to the Facilities or the fixtures, fittings, apparatus, furniture or other contents thereof during the use of the premises by the Hirer. The amount for such damage shall be estimated by WV Active, whose decision is final.
4.28 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 treated as a single contract debt.
4.29 The privilege hereby granted is a personal licence only and not a lease of the WV Active Centre.
4.30 The Hirer must ensure that they and any persons attending the relevant WV Active Centre for the purpose of the Hire do not bring any glass bottles or other glass items into the WV Active Centre. Where the Hirer or any persons attending the WV Active Centre for the purpose of the Hire accidently or purposely break a glass bottle, the Hirer is responsible for all costs incurred by WV Active to clear the glass, make the site safe for use again, to rectify any damage to the Facilities as a result of the glass breaking and for any other costs WV Active incur. For the avoidance, where the Hirer or any persons attending the WV Active Centre for use of its swimming facilities for the Hire accidentally or purposely breaks a glass bottle at the pool side, the Hirer would be liable to pay to for costs to clean the pool and make the site safe for use, any damage to pool and any other costs incurred for example loss of profits for the duration of the swimming pool being closed.
5. CANCELLATION
5.1 Block Booking
5.1.1 WV Active reserves the right at any time to refuse or cancel the Hire of the Facilities for whatever reason. WV Active 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 arising from the cancellation of any hire of the Facilities.
5.1.2 WV Active shall not be responsible for any loss suffered by or to the Hirer or any other person as the result of the cancellation or interruption of the hiring by WV Active.
5.1.3 WV Active shall not issue a refund upon instruction from the hirer that they wish to cancel their booking after payment has been received.
5.2 Events Hire Booking
5.2.1 WV Active reserves the right at any time to refuse or cancel the Hire of the Facilities for whatever reason. WV Active 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 arising from the cancellation of any hire of the Facilities.
5.2.2 WV Active shall not be responsible for any loss suffered by or to the Hirer or any other person as the result of the cancellation or interruption of the hiring by WV Active.
5.2.3 WV Active reserves the right to charge for Full Hire of the Facilities unless 28 days advance cancellation notice has been made in writing to the WV Active Centre Management.
5.3 Organisation, School or Club Affiliated Booking
5.3.1 WV Active reserves the right at any time to refuse or cancel the Hire of the Facilities for whatever reason. WV Active 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 arising from the cancellation of any hire of the Facilities.
5.3.2 WV Active shall not be responsible for any loss suffered by or to the Hirer or any other person as the result of the cancellation or interruption of the hiring by WV Active.
5.3.3 WV Active reserves the right to charge for Full Hire of the Facilities unless 14 days advance cancellation notice has been made in writing to the WV Active Centre Management.
6. TERMINATION
6.1 Following any breach of the forgoing conditions by the Hirer as to which the decision of the Manager shall be final, WV Active 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 WV Active the full amount payable in respect of the hiring and the amount of any damage payable under the foregoing conditions.
6.2 Where WV Active have to terminate the Hire in accordance with clause 6.1 above as a result of clause 4.30, WV Active may, at its discretion, also refuse for the Hirer to access to any WV Active Centre for any purpose.
The Council reserves the right to amend these terms and conditions.
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