Standard conditions
For the use and hire of Forest Heath District Council’s Leisure
facilities
1. Interpretation
For the purpose of these Standard Conditions, the following
expressions shall have the meanings hereby assigned to
them:-
a) The expression “the Management” means the
Forest Heath District Council of District Offices, College Heath
Road, Mildenhall, Suffolk IP28 7EY and shall be deemed to include
the duly authorised Officers of that Council;
b) The expression “the facility or facilities”
means the leisure facilities, car park and environs (including any
part thereof and all fixtures and fittings and if appropriate
leisure equipment belonging to the Management), contained within
the Dome Leisure Centre in Mildenhall, Mildenhall Community Centre,
Mildenhall Swimming Pool, Newmarket Leisure Centre, Newmarket
Swimming Pool, George Lambton Playing Fields, Palace House and
Studlands Park Community Centre in Newmarket, Brandon Leisure
Centre, the children’s equipped Play Areas located throughout the
district or any one of them;
c) The expression “user” means any person using
the facilities, whether or not any charge has been made, and
includes visitors, spectators and any person, company or
organisation hiring the facilities;
d) The expression “hirer” means any person, who
must be over the age of 18 years, who is responsible for the hiring
of facilities on behalf of any individual, group, company or
organisation;
e) The expression “leisure equipment” means any
equipment which is provided by the Management to enable a user to
participate in leisure activities within the facilities;
f) The expression “casual booking” means use of
the facility which is booked up to 7 days in advance;
g) The expression “period booking” means a series
of bookings, booked in advance;
h) The expression “block booking” or “series of
lets” means 10 or more bookings, (see Condition 10);
i) Words importing the masculine include the
feminine, the singular and the plural and vice versa.
2. Rights of entry
All the Council’s facilities shall be open to
free ingress and
inspection at all times by:-
a) Authorised Officers of the Council;
b) Persons duly authorised in writing by the
Council; and
c) The Chief Officer of Police and any Police
Officers.
3. Admission
a) The Management may refuse the admission of any
person to the facilities and similarly may require any person to
leave the facilities at any time. Any person having use of
facilities withdrawn may contact the Council to arrange for a
hearing to discuss the matter. Please contact the Leisure
Facilities Manager on 01638 719217.
b) The right to use the facilities or leisure
equipment is not transferable and any of the facilities hired shall
not be used for any purpose other than that specified by the
Management at the time of booking. Sub-letting is not
permitted.
c) The hirer is responsible for the
administration, organisation and control of the particular hiring
in accordance with the Management’s requirements.
4. Liabilities
a) Use of the facilities and all leisure
equipment and amenities thereof is permitted entirely at the user’s
own risk and users must satisfy themselves that they have taken all
reasonable precautions. The Management will not be liable for any
losses suffered or personal injury occasioned to any user, except
where such losses or injury are directly attributable to the
negligence of the Management or its servants or agents and in any
event the Management will not be liable for any consequential loss
however caused.
b) The Management does not accept any
responsibility or liability for any damage to or loss of any
property or articles left or placed in or on the facilities or any
part of the facilities by a user.
c) The hirer shall provide a copy of any relevant
public liability and indemnity insurance if so required by the
Management.
5. Conduct
a) A user shall fully comply with the rules and
regulations as displayed at the facilities, and all instructions
and requirements of the Management whether they be verbal or in
writing.
b) A hirer shall pay to the Management on demand
the full cost of remedying any damage (other than fair wear and
tear) done, caused or occasioned to the facilities or to the
fixtures, fittings, apparatus, leisure equipment, furniture, or
other contents thereof, by the user or by any person participating
jointly with the user in the use of the facilities or by any person
under the user’s supervision and/or care and/or control.
The sum in respect of the cost of remedying the
said damage shall be such sum as is certified by the Management
whose decision in such matters shall be final;
c) A hirer shall ensure that the maximum numbers
of persons to be admitted to the facilities shall not exceed the
number specified by the Management;
d) A hirer shall be familiar with the facilities’
normal operating and emergency action procedures, including the
location of safety equipment, telephones and local emergency
telephone numbers.
e) All visitors to the facility must register the
use of their personal photographic equipment (including
video-recording equipment and mobile phones) with the management.
Commercial photographers must seek prior permission from the
management before using their equipment on site.
A user shall not:-
f) Sell or supply to other users of the
facilities any goods or services whatsoever without prior
permission of the Management;
g) Play records, radios or music in the
facilities or perform any work which infringes any copyright. It is
a condition of any approval that any necessary licence or
authorisation has been obtained and is produced to the Management
in advance of the authorised activity;
h) Alter or interfere with any equipment or
fittings of the facilities or the structure thereof without prior
permission of the Management;
i) Forest Heath District Council operates a no
smoking policy within all of its leisure facilities.
j) Administer collections, games of chance,
sweepstakes, sale of programmes, raffles, lotteries and the like
within, on or at the facilities, without the prior written approval
of the Management.
6. Health and Safety
a) The hirer agrees to comply with the
requirements of the Electrical Equipment (Safety) Regulations 1994.
If a hirer is operating any portable electrical appliance,
appliance not provided by the management this equipment must have a
valid portable appliance test label or certificate. If the valid
label or certificate is not available then this equipment will not
be able to be used within the facility. The hirer is responsible
for the provision of suitable automatic cut out circuit breakers
for any occasions where the use of electrical musical equipment is
in use.
b) The hirer is responsible for ensuring that all
gangways, doorways, stairways, exits, emergency exits and entrances
are kept unobstructed at all times.
c) Hirers must make themselves aware of Fire
Regulations and procedures in force and as outlined in the fire
evacuation notices displayed in community facilities.
d) No explosives, highly flammable spirits or
liquid gas containers shall be brought into community facilities
and the use of naked lights in any part of the building is strictly
prohibited.
e) All chemicals and substances used by users
must be approved by Forest Heath District Council. In accordance
with COSHH regulations the management would then seek a produce
data sheet and thereafter carry out assessment of the product
suitability in relation to Health and Safety. No chemicals will be
allowed in any facility without prior approval. In the event of an
accident with the premises the hirer must report the incident
immediately to the Duty Officer/Caretaker and an Accident Report
Form must be completed and returned specified on the
form.
f) Hirers who make use of the Swimming Pool
facilities are required to abide by the Health and Safety Policy of
Forest Heath District Council
7. Food Safety
a) The hirer is required to ensure compliance
with the Food Safety Act 1990 and any subsequent related
regulations.
b) The hirer is expected to familiarise
themselves with the facilities available and to ensure that they
are adequate for the purposes intended.
c) The hirer will be required to remove all
reasonable waste from the environment of the facility and where
necessary make special arrangements for its removal with a licensed
contractor before final vacation of the premises.
8. Performance of Sound
Recording/Performing Right Society/Phonographic Performance
Limited
a) The hirer agrees to obtain all necessary
copyright licences for the public performance of any music in
connection with this hiring agreement and to indemnify the
management against all claims, demands, actions and proceedings
arising out of any breach of copyright or resulting from the
hirer’s public performance of music in connection with this
agreement.
b) The hirer must comply with all Performing
Rights Society Regulations and supply any relevant information
pertaining to this as requested by the management.
c) The hirer will obtain all necessary licences
from the Phonographic Performances Limited in respect of use of
sound recording and indemnify the management against all claims,
demands, actions and proceedings arising out of any breach of
copyright during the let.
9. Advertising
a) The hirer or the user must not advertise or
publicly announce any event to take place at the facilities without
prior permission of the Management;
b) In all correspondence, leaflets, posters,
advertising material and the like, the facility in question must be
referred to by its proper name. All leaflets, posters, advertising
material and the like to be used in the promotion of events held at
the facilities must receive prior approval of the Management, who
at its absolute discretion has the right to alter or refuse to
allow the publication of such material if it is considered
inappropriate.
c) Any event advertised by fly posting is liable
to result in immediate cancellation of the event and the loss of
any deposit paid.
10. Charges
a) The charges for the use and hire of the
facilities shall be as advertised or as agreed at the time of
booking. Charges are subject to review and may be altered by the
Management from time to time, entirely at the Management’s
discretion.
b) In the event of charges not being paid in
accordance with these conditions, all further bookings may be
cancelled, without notice, by the Management.
11. Bookings & Hire
a) Casual bookings of the Leisure Centres can be
booked by individuals, clubs and organisations up to 7 days in
advance, at reception, subject to availability.
b) Applications for hiring of all other
facilities, including those more than 7 days in advance, period
bookings, block bookings or series of lets, must be made in
writing, on the prescribed application form. Application forms must
be signed by the individual or an authorised official of a club or
organisation. The hirer will receive written confirmation
signifying whether or not the booking has been accepted.
12. Block Bookings
Block booking shall mean a regular booking of 10
sessions or as determined by HM Customs and Excise from time to
time for the purpose of Value Added Tax.
13. Cancellations
a) The Management reserves the right to cancel
and/or relocate bookings, courses and classes at any time before
the proposed event. The Management reserves the right to close,
prohibit or limit the use of any facilities entirely at its
discretion at any time. The Management will not be liable for any
loss or expenditure incurred by or on behalf of the hirer or on
behalf of any other person arising from the exercise of this
discretion, or from the cancellation of any booking by the
Management for any reason.
b) In the event of a cancellation by the hirer or
failure to take up any booking within 14 days of the booking, the
hirer is liable to pay the Management the full hire charge. If an
appropriate replacement booking is taken, then entirely at the
Management’s discretion, the hirer may lose only the deposit
paid.
14. Contraventions
Any person contravening any part of these
Standard Conditions may be required to forfeit their booking or
hire and, if so required, shall immediately leave the facilities
and may be refused future access or use.
15. Alteration &
Amendments
These Standard Conditions or any part thereof may
be altered, amended, added to, excluded, modified, varied, revoked
or waived at any time by the Management.
16. Criminal Records
Bureau
It is Forest Heath District Council’s policy that
all its staff working in front line Leisure Services receive a
Criminal Records Bureau (CRB) check. It is strongly recommended
that all “hirers” use only approved coaches or volunteer help where
appropriate.
For advice and guidance please contact Forest
Heath District Council Sports Development Officer on 01638
719763.
17. Licensed
Activities
Where the use of a facility by a hirer involves
the undertaking of any activity subject to the requirements of
licensing under the Licensing Act 2003, it is the responsibility of
the hirer to ensure that the appropriate licence is in force and
valid. The Management holds a licence under this Act and may
provide the benefit of this licence to a hirer if this is agreed in
advance.
Head of Leisure
Services
Forest Heath District Council, District
Offices, College Heath Road, Mildenhall. Suffolk IP28
7EY
Tel: 01638
719215