Commercial hire services Booking contract

1 Agency overview

This is an agreement between You and the Local Authority, with Places Leisure operating the sports and leisure facilities acting as Agent for the Local Authority.

Whilst your contract is with the Local Authority, Places Leisure as agent will collect the Hire Fee on behalf of the Local Authority. In these circumstances, the payments collected from you belong to the Local Authority and not Places Leisure.

2 Types of Hire

2.1 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 the Centre as amended from time to time (“Facilities”).

2.2 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.

2.3 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.

2.4 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.

2.5 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.

3 Definitions

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

3.2 “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.

3.3 “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.

3.4 “Places Leisure” means Places For People Leisure Management Ltd, the appointed agent of the Local Authority, its subcontractor performing the agency services Places for People Leisure Limited and includes subsidiary and associated companies.

3.5 “Commercial Hire Services Booking Contract” means the signed contract between you and the Local Authority that may be varied in accordance with clause 5.

3.6 “Hire” means a licence granted by the Local Authority to you for space.

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

3.8 “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”.

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

3.10 “Manager” means the manager of the Centre.

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

4 Hirer Responsibilities

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

4.2 You shall ensure that Places Leisure has an up-to-date name, address, telephone numbers and email address for the main contact for the Booking Contract. You shall notify the Local Authority and Places Leisure immediately should their contact details change. Failure to do so may result in cancellation of the said contract.

4.3 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:

4.4 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 the 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 the Facilities.

4.5 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.

4.6 You will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left at the Facilities. The Local Authority will not be liable (nor is there any liability on the part of Places Leisure) for any loss or damage for any items left as such. In any event, items will not be kept for longer than one (1) month from the date of the Booking, after which the items will be disposed of. You will be invoiced for any reasonable charges and costs incurred by the Local Authority for the removal of such items from the Facilities.

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

4.8 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.

4.9 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 the Local Authority may change the area of the Centre hired to you at any time.

4.10 Except where stated otherwise, no part or provision of these terms and conditions or the Commercial Hire Services Booking Contract give You or any Attendee any exclusive access rights to the space which has been booked.

5 Correspondence

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

6 Booking Submissions

6.1 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.

6.2 The decision to accept and confirm each Commercial Hire Service booking request shall be at the Local Authority’s 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.

6.3 Each Centre has limited availability. As such, the Local Authority may refuse any Commercial Hire Service booking request or any request to change the current contract.

6.4 The Local Authority and Places Leisure 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.

6.5 If the Centre is unable to accept a proposed booking request, an alternative date, time or location may be offered.

6.6 For the avoidance of doubt, any enquiries made by You or on Your behalf will not create a legally binding agreement between the Local Authority and You.

6.7 All Hire Booking requests received by the Local Authority and Places Leisure will remain subject to the digital contract being signed which will incorporate these terms.

6.8 The Local Authority and Places Leisure on behalf of the Local Authority reserve the right in their absolute discretion, at any time, to (a) refuse any Hire booking request; (b) refuse admission to You or any person or organisation; or (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.

7 Payment – Invoicing

7.1 All Commercial Hire Services Bookings will be invoiced.

7.2 Commercial Hire Bookings must be paid for in advance of the Booking, unless agreed otherwise.

7.3 The Commercial Hire Service Booking Contract will outline the total Hire Fee in relation to the Hire of the space.

7.4 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, the Local Authority 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.

7.5 Most customers who are schools, clubs, businesses or health and community hirers will be invoiced through Places for People Business World accounts.

7.6 All other customers will be invoiced through Places Leisure Gladstone Invoicing.

7.7 One-off events will be invoiced through Places Leisure Gladstone Invoicing unless the customer already has a Business World account.

7.8 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 by Places Leisure on behalf of the Local Authority.

7.9 First payment for sessions must be taken before the session is held.

7.10 Monthly Business World invoices must be paid in full before the first session.

7.11 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.

7.12 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.

7.13 Any booking made within 7 days of the booking date should be paid at the time of booking.

Cancellation

The Local Authority and Places Leisure as agent for the Local Authority reserve the right to cancel/reschedule any confirmed booking due to events beyond their 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 the control of the Local Authority and Places Leisure, the ability to provide the Facilities or Equipment is hindered or prevented. For the avoidance of doubt, except as outlined in this agreement, the Local Authority (nor shall Places Leisure be liable) 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.

You will be notified of any cancellation as soon as reasonably practicable in the circumstances, and You acknowledge that this may be on short notice. If a Booking is cancelled or transferred, the Local Authority 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 you will not receive a refund of any Hire Fee or deposit.

In any event, the total liability of the Local Authority to You shall not exceed the total Hire Fee payable by You, in respect of any cancellation. Under no circumstances will the Local Authority (nor shall Places Leisure) be responsible to You for any loss or damage that You suffer as a consequence of cancellation under this clause 10 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.

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

11.5 The Local Authority and Places Leisure as agent of the Local Authority reserve the right to immediately end any Booking that breaches the Booking Contract, which you have been requested to rectify and which you have subsequently not responded to or made appropriate alternative arrangements with the Centre Manager.

Hirer Liability

12.1 You are responsible for carrying out relevant checks and determining the suitability of the Facilities and Equipment for the purposes of Your Booking.

12.2 YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE FACILITIES ARE SUITABLE FOR THE EVENT. Neither the Local Authority nor Places Leisure provide any warranty, representation or undertaking as to the quality, fitness for purpose or suitability of the Facilities provided under this Contract, except that the Local Authority and Places Leisure as agent of the Local Authority shall use its reasonable endeavours to provide any such hired space with a reasonable degree of skill, care and diligence.

12.3 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. The Local Authority shall not be held responsible or liable (nor is there any responsibility or liability on the part of Places Leisure) for the death or personal injury of anyone attending an 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.

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

12.5 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.

12.6 The Local Authority’s entire liability to You whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for breach of this agreement or any negligence or wilful misconduct by the Local Authority, its employees, contractors or agents. Nothing in these terms and conditions shall limit or exclude liability for death or personal injury caused by the Local Authority’s negligence or that of its 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.

12.7 Subject to clause 11.1 if the Local Authority is 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), the Local Authority’s total liability to You shall be limited to the total Charges paid or payable by You in relation to the Booking. The Local Authority will not be liable to You for any type of loss or damage that does not occur as a direct result of the Local Authority’s breach of this agreement, or negligence or its failure to take reasonable care.

Admission

13.1 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.

13.2 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.

13.3 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.

13.4 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.

Health and Safety

14.1 Notwithstanding any other clause in these Terms, for the safety of both you and the Attendees, you must comply with the Centre health and safety procedures.

14.2 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).

First Aid and Emergency Incidents

15.1 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.

15.2 Places Leisure 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.

15.3 All first aid treatments, incidents and emergencies must be recorded in accordance with the Local Authority and Places Leisure’s current procedures.

Portable Electrical Appliances

16.1 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.

Equipment to be Borrowed or Hired

17.1 If You request any additional Facilities or Equipment at a later date or after receiving confirmation in relation to Your Hire of the Facility, these will always be subject to availability and additional Charges. Any additional Charges will be payable immediately upon confirmation from the Local Authority or Places Leisure as agent of the Local Authority.

17.2 Should the required equipment be unavailable, 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.

17.3 If You ask for a service to be arranged by the Local Authority or Places Leisure by any third party (without limitation, including catering), the Local Authority or Places Leisure 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. The Local Authority reserves the right to charge an administration fee on the total invoiced value for the goods and services ordered by the Local Authority at your request. The third-party supplier will be treated as a person visiting You at the Centre.

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

Damage Caused by Hirers/Attendees

18.1 You shall be liable for those sums that the Local Authority 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 the Local Authority for any additional sums.

18.2 You shall be liable for those sums incurred by the Local Authority 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.

18.3 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 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 the Local Authority for any additional monies required.

Broadcasting, Recording and Photography

19.1 You may not grant sponsorship sound or television broadcasting or filming rights without the Local Authority’s prior written consent. It will be a condition of any permission granted that the Local Authority reserves the right to be a party to any such agreement and to share with the Hirer income and publicity derived from such an agreement.

Advertising and Decoration

20.1 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 Local Authority.

20.2 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 the Local Authority for all damage caused by the fixing and removal of such advertising and decorations whether or not consent has been provided.

Catering and Refreshments

(On request, it may be possible to have catering and refreshments at your Booking… content unchanged — clause numbering does not apply in this section as per original formatting)

Sale of Goods

22.1 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.

Gambling

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.

Additional Supervisors/Instructors

24.1 If you require extra supervisors or instructors for any activity, they may be provided for an additional fee. Please contact the Manager in advance of your Booking.

General

25.1 The Local Authority and Places Leisure 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. Privacy notice can be found here: Our privacy notice.

25.2 Behaviour in the 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 the Local Authority, its employees, contractors, agents (including Places Leisure), members, or to any other visitor to the Facilities.

25.3 Using the name of the Local Authority or Places Leisure without permission: You may not use the name and/or logo of the Local Authority or 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, or any photographs of any part of the Centre or Facility without written permission from the Local Authority and Places Leisure and, in any event, shall only be used for the purposes of promoting the Booking.

25.4 These terms and conditions constitute the entire agreement between the Local Authority and You in relation to provision of the Hire of the Facilities. If You have any questions or complaints about the service provided or provision of the Facilities, please contact the Centre Manager.

25.5 If You are a business customer: These terms and conditions constitute the entire agreement between You and the Local Authority in relation to the provision of Hire of Facility for the Event and any ancillary services provided hereunder… (content continues unchanged)

25.6 If You are a consumer: These terms and conditions are governed by English Law… (content continues unchanged)

25.8 The Local Authority may transfer its rights and obligations under these terms to another organisation…

25.9 You may only transfer Your rights or Your obligations under these terms to another person if the Local Authority agrees to this in writing.

25.10 The provision of these terms and conditions are severable and distinct from one another…

25.11 The Local Authority’s rights and remedies in respect of this contract shall not be diminished…

25.12 Any release, waiver or compromise or any other arrangement of any kind…

25.13 The right and remedies in this contract are cumulative and not exclusive…

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