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having use of facilities withdrawn may contact the Council to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