Commercial hire services Bookings contract

1 Types of Hire

1.1 These terms shall govern the hire of the space and should have a fixed price for the hire of that space and not be costed by the number of customers who use said space. This could include (i) sports halls (ii) fields, courts, pitches, pools; (iii) meeting rooms, balconies and (iv) any other facilities within or around Our premises as amended from time to time.

1.2 A “Block Booking” is a commitment to hire of a space at a centre for 10 weeks of the year or more. Customers who only book a few bookings across the year will be counted as One-off Event bookings.

1.3 A “One-Off Event Booking” is categorised as an event that cannot be booked by a member or casual user through the app or in centres. It is usually of high fee value.

1.4 A ‘School Swimming Booking’ is a commitment to the hire of the space plus the hire of swimming staff. However, it is accepted that local contracts may have some variations.

1.5 A new Block Booking or One-off Event Booking can be booked at any time that the space has not already been blocked out by a member or activity.

2 Definitions

2.1 “Attendee” or “Attendees” means any person or persons attending a Booking.

2.2 “Booking” means the period, sessions and session times which you wish to hire certain areas of the Centre as agreed by the parties pursuant to the Commercial Hire Services Booking Contract.

2.3 “Centre” means the recreation facility under the control of the Company as identified in the Application for Hire Form including its grounds, car parks and access roads.

2.4 “Company” means Places for People Leisure Limited, its subsidiary and associated companies and is also referred to by the words “we”, “us” or “our” in these terms.

2.5 “Commercial Hire Services Booking Contract” means the signed contract that may be varied in accordance with clause 5.

2.6 “Hire” means a license granted by Us to you for space.

2.7 “Hire Fee” means the fee payable, as detailed in the Commercial Hire Services Booking Contract that may be varied pursuant to these Terms, plus VAT (if applicable).

2.8 “Hirer” shall mean the person, or organisation, on whose behalf the contract is signed and is also referred to by the words “you” and “your”.

2.9 “Hire Period” means the time period detailed in the Commercial Hire Services Booking Contract.

2.10 “Manager” means the manager of the Centre.

2.11 “Terms” means these terms and conditions of Commercial Hire Services Booking Contract.

3 Hirer Responsibilities

3.1 You shall comply with the Terms until the end of the Commercial Hire Services Booking Contract.

3.2 You shall ensure that we have an up-to-date name, address, telephone numbers and e-mail address for the main contact for the Booking Contract. You shall notify us immediately should their contact details change. Failure to do so may result in us cancelling the said contract.

3.3 It is Your responsibility to ensure that any groups and voluntary organisations accompanying children and vulnerable adults, using the Facilities, comply with legislation governing the protection of such persons. You warrant and represent:

3.4 That appropriate Disclosure and Barring Service (DBS) checks have been conducted in relation to all staff and/or volunteers accompanying children or vulnerable adults while at Our Facilities and no person whose checks indicate they are unsuitable to work with children or vulnerable adults will be included in any activities taking place at Our Facilities.

3.5 All property belonging to You or Your visitors is brought onto the Facility entirely at Your own risk. Groups and voluntary organisations are responsible for the security of all property or valuable possessions brought onto the Facility and are advised to arrange separate insurances for such property and valuable possessions.

3.6 You will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left at the Facilities. We will not accept loss or damage for any items left as such. In any event we will not keep any items for longer than one (1) month from the date of the Booking, after which we will dispose of the items. You will be invoiced for any reasonable charges and costs incurred by Us for the removal of such items from Our Facilities.

3.7 You shall ensure that the hired part of the Centre is vacant, clean and clear from all Attendees’ property and litter prior to the end of each booked session.

3.8 Where you also hire or use any equipment pursuant to clauses 17 or 18, you shall be responsible for setting up and taking down the equipment during the Booking.

3.9 The rights granted to the hirer under these Terms in respect of any Booking are personal in nature and the parties do not intend to create any relationship of landlord and tenant, and you acknowledge that you are not entitled to exclusive possession of any part of the Centre and we may change the area of the Centre hired to you at any time.

3.10 Except where stated otherwise, no part or provision of these terms and conditions or the Commercial Hire Services Booking

4 Correspondence

4.1 All correspondence outside of our digital Commercial Hire Service Booking Contract process will be through email or phone with the member of staff who manages Commercial Hire Services at your Centre.

5 Booking Submissions

5.1 All Commercial Hire Service booking requests must be submitted to us at least 28 days before the date on which you want the first Booking to take place.
5.2 The decision to accept and confirm each Commercial Hire Service booking request shall be at our sole discretion and, subject to clause 4.3, the booking request shall not be confirmed until the contract has been signed, and all documentation has been submitted.
5.3 Each Centre has limited availability. As such, we may refuse any Commercial Hire Service booking request or any request to change the current contract.
5.4 We reserve the right to verify or require proof of all information given to obtain a Commercial Hire Services Booking Contract. Any fraudulent or wrongful information given will result in contract cancellation.
5.5 If we are unable to accept a proposed booking request we may offer alternative dates, times or locations.
5.6 For the avoidance of doubt, any enquiries made by You or on Your behalf will not create a legally binding agreement between Us and You.
5.7 All Hire Booking requests received by Us will remain subject to the digital contract being signed which will incorporate these terms.
5.8 We reserve the right in Our absolute discretion, at any time, to (a) refuse any Hire booking request; (b) refuse admission to Your or any person, organisation (c) revoke any licence granted under these terms and conditions with immediate effect. This will mean that You or any Attendees will be asked to leave the Facility immediately.

6 Payment - Invoicing
6.1 All Commercial Hire Services Bookings will be invoiced.
6.2 Commercial Hire Bookings must be paid for in advance of the Booking, unless we agree otherwise.
6.3 The Commercial Hire Service Booking contract will outline the total Hire Fee in relation to the Hire of the space.
6.4 Where You have paid a deposit in connection with Your booking, the balance will be due no later than 30 days before the Booking date, unless stated otherwise in your Commercial Hire Booking Contract. If You do not pay the Hire Booking Fees when they are due, without prejudice to any other legal remedies or rights, We may charge You interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above the Bank of England base rate from time to time, until payment in full is made.
6.5 Most customers who are schools, clubs, businesses or health and community hirers will be invoiced through Places for People Business World accounts.
6.6 All other customers will be invoiced through Places Leisure Gladstone Invoicing.
6.7 One-off events will be invoiced through Places Leisure Gladstone Invoicing unless the customer already has a Business World account.
6.8 All invoices, irrespective of invoice type, will be raised 30 days (one month) ahead of the first hire session, except school swimming which will be managed in accordance with the local contract agreements.
6.9 First payment for sessions must be taken before the session is held.
6.10 Monthly Business World invoices must be paid in full before the first session.
6.11 Monthly Gladstone invoices can be paid in full before the first session or can be paid a minimum of one week in advance for each session. E.g. if the session is on the 8th of the month, payment must be made by the 1st for that session.
6.12 Failure to pay at least 7 days in advance will result in the session being cancelled and the space made available to members and casual users.
6.13 Any booking made within 7 days of the booking date should be paid at the time of booking.

7 One-off Event Payment
7.1 For One-Off Event Bookings over £400, a non-refundable deposit of at least 25% will be payable at the time of Booking. The balance will be payable in accordance with clause 6.
7.2 For One-Off Event Bookings under £400, the full Hire Fee must be paid in full at the time of booking.
7.3 Where You are a Business, all deposits are non-refundable. Where You are a consumer, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, any deposits for the Hire of Facilities are non-refundable. For cancellation of Your Hire, please refer to clause 9.
7.4 Once an invoice has been raised, that invoice must be paid in full. Any changes to the booking will be covered in the next invoice period in accordance with clause 10: Places Leisure Cancellations.
7.5 All invoices will be raised at least monthly but can be for a period covering 10 weeks of hire, three months of hire or annual hire.
7.6 Places Leisure has the right to refuse access when payment has not been made according to the payment conditions.

8 Price Changes

8.1 Booking contracts will run from the point in the year that Places Leisure set the price changes for that contract. The start date may vary across contracts, most commonly January, April, or May.
8.2 The price given at the time the booking contract is signed will be the price charged for the term of that contract, unless a specified price increase date is provided as part of the contract.
8.3 Any new booking is subject to the full price for that space at the time of the new contract regardless of the difference in price between that and the previous contract.
8.4 Contracts for new business (new centres, new activities) may be shorter in the initial phase.

9 Hirer Cancellation

9.1 Notice of any customer cancellation not agreed in the original booking must be given 30 days ahead of the session date. Any cancellation or non-attendance will be charged at full price if less than 30 days’ notice is given *
9.2 Customer cancellations meeting the 30 days’ notice requirement will be removed from the booking and excluded from the next invoice. Raised invoices must be paid in full.
9.3 School swimming will be managed by local contract agreement.

Extenuating circumstances, such as bereavement or cultural festivals, may be considered at the discretion of the General Manager.

10 Places Leisure Cancellation

10.1 We reserve the right to cancel/reschedule any booking which we have confirmed to you due to events beyond our reasonable control, without limitation, due to a fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplier (electricity, gas or water), labour strike, civil commotion, war (or threat thereof), act or threatened act of terrorism, bad weather or any other event beyond Our control, Our ability to provide the Facilities or Equipment is hindered or prevented. For the avoidance of doubt, except as outlined in this agreement, We shall not be liable to You for any fees, charges or costs that You may have incurred as a consequence of any cancellation(s), suspension, change(s) or replacements in the Facilities and/or Equipment outlined in the Application for Hire.

10.2 We will notify You of any cancellation as soon as reasonably practicable in the circumstances, and You acknowledge that this may be on short notice. If we cancel or transfer any Booking, We will either: (a) refund the full amount of the Hire Fee relevant to the cancelled Booking including any deposit paid; or (b) offer You the opportunity to hold your Booking on a different day, in which case We will not refund You any Hire Fee or deposit.

10.3 In any event, Our total liability to You shall not exceed the total Hire Fee payable by You, in respect of any cancellation. Under no circumstances will We be responsible to You for any loss or damage that You suffer as a consequence of Our cancellation including any ancillary contracts that are cancelled as a consequence, loss of profits, loss of business revenue, damage to Your reputation or any other commitments contingent upon the delivery of the event to which the cancelled or transferred Booking relates.

10.4 In the event of there not being another acceptable available date, the next raised invoice will credit the amount owed to the customer.

10.5 We reserve the right to immediately end any Booking that breaches the Booking Contract, which we have requested you rectify and which you have subsequently not responded to or made appropriate alternative arrangements with the Centre Manager.

11 Hirer Liability

11.1 You are responsible for carrying out relevant checks and determining the suitability of Our Premises and Equipment for the purposes of Your Booking YOUR USE OF THE HIRED SPACE.

11.2 YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE FACILITIES ARE SUITABLE FOR THE EVENT. We do not provide any warranty, representation or undertaking as to the quality, fitness for purpose or suitability of the Facilities provided under this Contract, except that We shall use Our reasonable endeavours to provide any such hired space with a reasonable degree of skill, care and diligence.

11.3 YOU ARE SOLELY RESPONSIBLE FOR THE SAFETY OF ALL PERSONS WHO ATTEND YOUR EVENT. Your Event will not be supervised by any coach, lifeguard or safety personnel. We shall not be held responsible for the death or personal injury of anyone attending a sports event unless such death or personal injury is caused by or arises out of the negligence or breach of statutory duty by Us or Our employees or agents.

11.4 You shall indemnify Us, Our employees, contractors and agents against all losses, costs, claims and damages which may be made against Us or them (including without limitation claims by any person attending Your Activity or Event) in respect of Your use of Our Facilities or resulting from Your breach of this agreement. You must have appropriate insurance cover in place against these risks.

11.5 If asked to submit insurance documentation as part of your contract, the contract is not completed and may result in cancellation without such documentation being provided.

11.6 Our entire liability to You whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for Our breach of this agreement or any negligence or wilful misconduct by Us or Our employees. Nothing in these terms and conditions shall limit or exclude Our liability for death or personal injury caused by Our negligence or that of Our employees or agents; for fraud or fraudulent misrepresentation, or for any other act, omission, or liability which may not be limited or excluded by law.

11.7 Subject to clause 11.1 if We are found to be liable to You for any losses, damages or compensation in connection with Your Booking Form (whether as a result of our breach of this clause 11 of the agreement or otherwise), Our total liability to You shall be limited to the total Charges paid or payable by You in relation to the Booking We will not be liable to You for any type of loss or damage that does not occur as a direct result of Our breach of this agreement, or negligence or Our failure to take reasonable care.

12 Admission

12.1 The Commercial Hire Services Manager will advise you of the maximum number of Attendees that can be safely accommodated for any event. Under no circumstances will you allow the maximum number of Attendees to be exceeded.

12.2 Any Attendee may be required to produce evidence of membership of an organisation which has made a Booking or consent of the Hirer to be at the event for which the Booking was made.

12.3 If such evidence cannot be produced, a separate admission fee may be charged. The Manager may refuse the admission of any person or may require any person to leave the Centre should they breach any of the Centre’s rules and/or cause nuisance to other users of the Centre or those in nearby premises, whether or not that person is a valid member of an affiliated organisation Booking the Centre.

12.4 You shall ensure all Attendees comply with signs and other published rules for users of the Centre, for example relating to vehicle parking, smoking, required activity dress and access by animals. You accept that the Manager reserves the right to exclude from the Centre anyone breaking such rules and/or causing nuisance to other users of the Centre or those in nearby premises.

13 Health and Safety

13.1 Notwithstanding any other clause in these Terms, for the safety of both you and the Attendees, we need you to comply with our health and safety procedures.

13.2 You shall comply with the risk control measures forming part of the risk assessment for the premises, under the current Management of Health and Safety at Work Regulations. These measures include minimum qualifications for those leading, teaching, coaching and/or supervising activities and complying with the rules and advice of relevant governing bodies for particular activities. Swimming pools are also the subject of written Pool Safety Operating Procedures, including the Normal Operating Plan (NOP) and Emergency Action Plan (EAP).

14 First aid and emergency incidents

14.1 Notwithstanding clause 11.3, In the event of accident, incident, and/or injury, you shall immediately alert a member of staff at the Centre who will take the appropriate action.

14.2 The Company may require you to provide additional first aid for larger events. This will be determined by risk assessment. This must be provided by an approved organisation.

14.3 All first aid treatments, incidents and emergencies must be recorded in accordance with the Our current procedures.

15 Portable electrical appliances

15.1 You must ensure that no portable electrical appliance is brought into the Centre without the prior written consent of the Manager. Where the Manager permits use of a portable electrical appliance it must have been inspected beforehand in accordance with the current institution of Electrical Engineers Regulations and bear a dated sticker, or other endorsement to that effect.

16 Equipment to be borrowed or hired

16.1 If You request any additional Facilities or Equipment from Us at a later date or after Our confirmation in relation to Your Hire of Our Facility, these will always be subject to availability and additional Charges. Any additional Charges will be payable immediately upon confirmation from Us.

16.2 Should we be unable to provide the required equipment, you may, in the Manager’s absolute discretion, be allowed to bring your own equipment to the Centre in which case use of that equipment will be your sole responsibility. During each Booking, you shall not permit any Attendee to use any equipment that the Manager has not agreed may be used for that Booking.

16.3 If You ask Us to arrange for a service to be provided by any third party (without limitation, including catering), We will only act as an agent for You. Any resulting contract is between You and the third party providing the service and You shall be entirely responsible for the payment for third party’s fees, costs and expenses. We reserve the right to charge an administration fee on the total invoiced value for the goods and services ordered at your request by Us. We will treat the third party as a person visiting You at the Centre.

16.4 You shall not alter or interfere with any fittings or equipment of or the structure of the Centre.

17 Damage caused by hirers/ attendees

17.1 You shall be liable for those sums we reasonably incur in repairing or replacing (as appropriate) any damage to the Centre, its fixtures, fittings, equipment, furniture and other contents thereof, caused by You or an Attendee (fair wear and tear excluded), including an administration fee of 10% of the cost of the repair or replacement if a deposit has been paid and is not sufficient to cover any damage caused or service charges incurred by You, You shall immediately indemnify us for any additional sums.

17.2 You shall be liable for those sums incurred by us for additional cleaning required because of the use of the Centre by you and the Attendees, together with an administration fee of 10% of the cleaning cost.

17.3 The cost of any damage to the Centre or to any items in and/or at the Centre caused or any service charges incurred by You or any Attendee will be deducted by us from the deposit received if applicable at the end of the Booking. If the deposit is not sufficient to cover any damage caused or service charges incurred by You, You shall immediately indemnify Us any additional monies required.

18 Broadcasting, Recording and Photography

18.1 You may not grant sponsorship sound or television broadcasting or filming rights without Our prior written consent. It will be a condition of any permission granted that We reserve the right to be a party to any such agreement and to share with the Hirer income and publicity derived from any such agreement.

19 Advertising and decoration

19.1 You shall not (and shall procure that Attendees do not) advertise or publicly announce any event to take place at the Centre without the prior, written approval of the Manager, who shall have absolute discretion in such matters. You shall submit proof of all intended advertising to the Manager prior to publication. You shall ensure that all such proofs and all correspondence refer to both the Centre and the Us as its operator.

19.2 You shall not (and shall procure that Attendees do not) display any notices or decorations (internal or external) at the Centre without the express permission of the Manager. You shall be responsible for and indemnify us for all damage caused by the fixing and removal of such advertising and decorations whether or not consent has been provided.

20 Catering and refreshments

20.1 On request, it may be possible to have catering and refreshments at your Booking. Catering and Refreshments are not included within the Hire Fee unless specifically noted.

20.2 If you would like to arrange Places Leisure catering services at a Booking, a request should be indicated in the resources section of the ‘Hire our Space’ form. In the event that this is not populated at the time of the request, please contact your Bookings Manager at your earliest convenience to discuss, no later than 30 days before the booking.

20.3 The Manager will advise whether Places Leisure can provide the desired catering and confirm the cost. You must tell us if you want to proceed with the catering services order at least 10 working days before the Booking. In the event that no catering services have been confirmed at least 10 working days in advance, no food or refreshments will be provided by Places Leisure for the Booking.

20.4 If you would like to arrange to bring in your own catering services for the Booking a request should be indicated in the resources section of the ‘Hire our Space’ form. You will need to provide details of the catering provider (where not being directly provided by You), current insurance, food hygiene licenses, and documentation to show that You or the third-party catering provider are registered with the local authority. As part of the booking contract, the catering services will need to comply with the food business regulations below:
• Food Safety Act 1990
• Food hygiene regulations 2006
• Food information regulations 2014
• Licensing act 2003 and
All other applicable laws and regulations.

20.5 If the Booking is to include the sale of alcohol, please check with the Centre Manager and provide current insurance and alcohol licenses for that Booking, as part of the booking contract.

20.6 The Hirer, or any guest under their Booking, may not bring in or consume food or drink not sold to them by Places Leisure or a third party without the Manager’s consent.

20.7 The Hirer acknowledges that they are solely responsible for any food and drink (including alcohol) they provide, serve, or allow guests to bring into the venue.

20.8 We shall be liable for any illness, allergic reaction, food poisoning, or other health issues arising from the consumption of food and drink not directly supplied by the Us. Notwithstanding the foregoing, it is Your responsibility to inform Us of any dietary, allergy or other relevant requirements when placing an order for catering with Us.

20.9 In the event that your Booking was a food and drink event, the Booking is subject to cancellation if no arrangement has been agreed 10 working days before the event. Any deposit will not be refundable as in clause 7.3.

20.10 No Booking will be confirmed without the right documentation being provided and failure to supply documentation will result in cancellation of booking.

21 Sale of Goods

21.1 You shall not (without the prior written consent of the Manager) sell, supply, or permit any other person to sell or supply or offer for sale goods of any kind in the Centre during your Booking.

22 Gambling

22.1 Gambling is regulated by law. You shall not hold, or allow any raffle, sweepstake, or other lottery in the Centre during the Booking without the Manager’s written consent. If the Manager gives you such consent, you must ensure it complies with all relevant laws.

23 Additional supervisors/instructors

23.1 If you require extra supervisors or instructors for any activity, we may be able to provide them for an additional fee. Please contact the Manager in advance of your Booking.

24 General

24.1 We will process your personal data in accordance with the Data Protection Act 2018 and any relevant replacement/subsequent UK privacy legislation, for the purposes of performing its obligations and exercising its rights under these terms and conditions. We refer You to Our privacy notice.

24.2 Behaviour in Our Centre: You must make sure that You, members of Your party and anyone accompanying You, visiting You in and around the Facilities behave in such a way that they do not cause nuisance or unreasonable disruption to Us, Our members or employees, or to any other visitor to the Facilities. You agree that You and the members of Your party will comply with Our policies and procedures including (but not limited to): parking notices, or notices and policies as notified to You from time to time in writing or as displayed throughout Our Facilities.

24.3 Using Our name without permission You may not use: The name and/or logo of the Places Leisure and/or any of its departments or subsidiaries including the name and/or logo of Places Leisure or the Places for People Group or its subsidiaries. Any photographs of any part of the Centre or Facility without written permission from Us and, in any event, shall only be used for the purposes of promoting the Booking.

24.4 These terms and conditions constitute the entire agreement between Us in relation to provision of the Hire of the Facilities.

24.5 If You ask Us to arrange for a service to be provided by any third party, we will only act as an agent for You. Any resulting contract is between You and the third party providing the service(s) and You shall be entirely responsible for the payment of any third party’s fees, costs and expenses. We reserve the right to charge an administration fee on the total invoiced value for goods and services ordered at Your request by Us. We will treat the third party as a person visiting You at Our Facilities.

24.6 If You have any questions or complaints about the service provided by Us or provision of Our Facilities, please contact the Centre Manager.

24.7 If You are a business customer: These terms and conditions constitute the entire agreement between You and Us in relation to the provision of Hire of Facility for the Event and any ancillary services provided hereunder. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us except which is stated in these terms and conditions. This contract shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.

24.8 If You are a consumer These terms and conditions are governed by English Law and You can bring legal proceedings in respect of the services in English courts. If You live in Scotland You can bring legal proceedings in respect of the services in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are a consumer and are not happy with how we have handled any complaint, You may want to contact the alternative dispute resolution we use. You can submit a complaint to Centre for Effective Dispute Resolution (‘CEDR’) via their website at www.cedr.com. CEDR will not charge You for making a complaint and if You are not satisfied with the outcome, You can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

24.9 We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under your Commercial Hire Booking Contract.

24.10 You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.

24.11 The provision of these terms and conditions are severable and distinct from one another, and, if at any time any provision is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.

24.12 Our rights and remedies in respect of this contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by Us to You nor by any failure of or delay by Us in ascertaining or exercising any such rights or remedies.

24.13 Any release, waiver or compromise or any other arrangement of any kind (a release) by Us shall not affect Our rights and remedies as regards any other party nor Our rights and remedies against You in whose favour it is granted or made except to the extent of the express terms of the release and no such release shall have effect unless granted or made in writing.

24.14 The right and remedies in this contract are cumulative and not exclusive of any rights and/or remedies provided by law.

24.15 These terms and conditions shall not constitute and shall not be deemed to constitute any relationship of partnership or agency between Us and You and shall not in any way create a lease of the Premises.