Terms & Conditions of Hire

Background

These Terms and Conditions shall apply to the hire of the Venue from Elstead Village Halls a registered charity (“EVH”) by a Customer for the Event whether for private or commercial purposes. You can also download a printable PDF version here.

1. Definitions and Interpretation

 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings

“Booking”
 
 
  means the arrangement of the hire of the Venue including, but not limited to, setting the dates for the Hire Term, agreeing the Hire Fee, specifying the nature of the Event and setting out any additional requirements the Customer may have;
“Customer”
 
 
 
     means named customer (whether an individual, charity, business or commercial body) who is hiring the Venue and includes its employees, agents, contractors, subcontractors, authorised representatives and artistes subject to these Terms and Conditions;
“Deposit”
 
  means the sum payable by the Customer under Clause 4 of these Terms and Conditions and as set out in the Hire Agreement;
“Event”
 
  means the event or function which the Customer intends to host at the Venue subject to these Terms and Conditions;
“Hire Agreement”   means the agreement entered into by the Customer and EVH incorporating these Terms and Conditions which shall govern the hire of the Venue;
“Hire Fees”
 
  means the sum payable by the Customer for the hire of the Venue as determined under Clause 5 of these Terms and Conditions;
“Hire Term”
 
  means the total duration of the Venue hire as defined in Clause 3 of these Terms and Conditions and detailed in the Hire Agreement; and
“Venue”
 
  means Elstead Village Hall and/or Elstead Youth Centre and/or any part thereof or any individual room(s) therein as specified in the Hire Agreement.

2. Booking

2.1 At the time of making a Booking the Customer shall describe the proposed Event. Details required include the theme, the purpose, the approximate number of guests or attendees, entertainment to be provided, technical requirements, catering arrangements and licensing requirements.

2.2 When making the Booking the Customer shall provide the date and duration of the Event. EVH shall use all reasonable endeavours to satisfy the Customer’s requirements. If the requested times and dates are not available, EVH shall offer the nearest available dates. All bookings are at the sole and absolute discretion of EVH.

2.3 Once the Booking is made and the Deposit paid in accordance with Clause 4 the Venue shall be reserved for the Customer for the agreed Hire Term subject to these Terms and Conditions.

3. Hire Term

3.1 The Hire Term shall be agreed at the time of Booking and may only be subsequently varied by the Customer giving written notice to EVH not less than 7 days prior to the start of the Hire Term and is subject to the venue being available and payment of any additional Hire Fees and any change is at the sole and absolute discretion of EVH .

3.2 The agreed Hire Term will be set out in the Hire Agreement.

4. Deposit and Damage Deposit

4.1 At the time of Booking the Customer may be required to pay a Deposit to EVH. The Deposit shall be the amount as set out in the Hire Agreement. Bookings shall not be deemed confirmed until the Deposit, if applicable, is paid in full.

4.2 Subject to the cancellation provisions set out in Clause 6 the Deposit shall be non-refundable.

4.3 The Customer shall bear the costs of making good all and any damage to the Venue or EVH’s facilities, premises or equipment caused during or as a result of the Event including, but not limited to, any damage done as a result of violation of Clause 8 which occurs during the Hire Term or while persons attending the Event are entering or leaving the Venue.

4.4 All damage or breakages must be reported to EVH as soon as is reasonably practicable.

4.5 Subject to the cancellation provisions set out in Clause 6 the Deposit shall be refundable after deduction of the cost of repairs pursuant to sub-Clause 4.4 above and in the event of the Deposit not being sufficient to cover the costs EVH will render an invoice to the Customer for any balance which shall be payable forthwith.

5. Fees and Payment

5.1 The Hire Fees will be determined by reference to EVH’s hire tariff from time to time and any additional items which may be included in the Venue hire, as set out in the Hire Agreement.

5.2 In limited circumstances concessionary rates may be available. The Customer may consult with EVH at the time of Booking in this regard. Concessionary rates are available at the exclusive discretion of EVH and by agreement only.

5.3 All payments required to be made pursuant to the Hire Agreement by either Party shall be made, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.

5.4 If either Party fails to pay on the due date any amount which is payable to the other pursuant to the Hire Agreement then, that amount shall bear interest from the due date until payment is made in full, both before and after any judgment, at the rate of 4% per annum over the Bank of England’s base rate from time to time in force.

6. Cancellation of Booking

6.1 Subject to the provisions of Clause 25 the following shall apply to cancellation of the Booking by the Customer:

      6.1.1 If the Customer cancels the Booking at least 30 days ahead of the start of the Hire Term
               EVH shall issue a full refund of all sums paid, including the Deposit.
      6.1.2 If the Customer cancels the Booking 30 or less days ahead of the start of the Hire Term
               EVH shall retain all sums paid and any outstanding Hire Fees shall become immediately
               payable. No refund shall be issued.
      6.1.3 If the Customer does not cancel the Booking but fails to attend at the time of the Hire
               Term EVH shall retain all sums paid and request all outstanding Hire Fees.

6.2 Subject to the provisions of Clause 25 EVH may cancel the Booking at any time prior to the start of the Hire Term and shall refund all sums paid, including the Deposit.

6.3 EVH may, in its absolute discretion and without giving a specific reason to the Customer, decline or cancel bookings for events that it believes may or will bring EVH and/or Venue into disrepute.

7. Technical Facilities

7.1 EVH shall provide the following facilities as standard at no additional cost:
      7.1.1 Village Hall Tables and Chairs. These are to be returned to the designated storage
               locations at the end of the event.
      7.1.2 Youth Centre Tables & Chairs. These are to be properly stowed to the perimeter
               of the Youth Centre.
      7.1.3 Crockery & glasses, cutlery & utensils designated for general use.
      7.1.4 Cleaning brooms and mops

7.2 The following items are also available at additional cost, such cost to be reflected in the Hire Fees:
      7.2.1 Sale of alcohol

7.3 If the Customer requires the Sale of alcohol as detailed in sub-Clause 7.2 this shall be specified at the time of Booking or as soon as possible thereafter being at least 14 days prior to the Event. EVH cannot guarantee the availability of such facilities if booked or requested less than 14 days prior to the start of the Hire Term and additional costs may be applied. Hirers must read and understand the laminated notices kept in the bar area and sign a form to show they have understood the Licensing requirements.

7.4 EVH does NOT have a Television License. Therefore the use of any sort of Television or I-Players in the Village Hall or Youth Centre are strictly NOT ALLOWED. Failure to comply with this will risk a fine and a ban on further usage of the facilities.

8. Use of the Venue

8.1 If any additional equipment such as staging, lighting or similar is supplied and used by the Customer for the Event, such equipment may only be used in such a way which does not require any destructive fixing to the structure of the Venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.

8.2 The Customer may not, at any time, have gas cylinders in the Venue or any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous without the prior written permission of EVH, such permission to be sought at least 28 days prior to the start of the Hire Term.

8.3 The Customer may not, at any time, allow live animals into the Venue without the prior written permission of EVH, such permission to be sought at least 28 days prior to the start of the Hire Term. This prohibition does not include guide dogs for the blind which shall be permitted at all times.

8.4 Except where it is permitted under the provisions of the Hypnotism Act 1952 the Customer shall not permit any hypnosis to take place during the Event.

8.5 The Customer may not at any time use candles or other lighted or naked flames inside the Venue without the prior written permission of EVH.

8.6 No sale of goods may take place during the Event without the prior written permission of EVH.

8.7 A number of items are installed in the premises for purposes other than hire, and some are owned by other users. The Customer must not utilise these items even if they can be accessed from areas to which the Customer has legitimate access. The following items are therefore specifically excluded from Customers’ use:
      8.7.1 The projector, screen and associated equipment used by Elstead Cinema
      8.7.2 The toys, play items, furniture, etc. owned by Rainbows Nursery School
      8.7.3 The theatrical equipment owned by Players of Elstead Theatrical Company
      8.7.4 The apparatus and matting owned by Indebrook Dog Training
      8.7.5 The nets and equipment owned by various sports clubs
      8.7.6 The utensils and beverages stored in the numbered cupboards within the kitchen.

8.8 No items owned by EVH or normally stored in the Venue are to be taken from it without the specific prior written permission of the Owner.

8.9 No materials or articles may be affixed to the walls, floors or woodwork or the Venue without EVH’s prior written consent.

8.10 The Customer must not use any substances that permanently mark the floors. Any equipment or furniture transported across the floors must not be dragged. Sports users must wear appropriate footwear.

8.11 The Kitchen and/or bar may be used for the storage and preparation of food and beverages as appropriate together with washing up but the Customer must leave any such areas used in a clean, tidy and hygienic condition at the end of the Event. All crockery, glassware and utensils used must be left clean and dry, stored in their designated areas. All rubbish, including food waste and recycling, must be removed from the Venue at the end of the Event. All appliances used, other than marked refrigeration units must be switched off after use.

8.12 The Customer must not leave outside doors open and unattended.

8.13 The Customer will ensure that entrances are sufficiently manned and secure to prevent ‘gate crashers’ and the like.

8.14 At the end of the Event the Customer will ensure that all items are clean and dry, and sweep the Premises hired so as to leave them in the same condition and furniture in the same position as found. It may be possible to engage a member of EVH’s staff to do this by private arrangement. The dishwasher in the Village Hall kitchen needs to be drained down after use following the instructions in the kitchen.

8.15 The Customer will remove all decorations, waste, food and recycling prior to the end of hire.

8.16 At the end of the event the Customer will check and secure all secondary outside doors, and in the case of the Village Hall ensure that the curtains are closed. All appliances and lights are to be checked and switched off with the exception of the marked exterior security lights. The main door will be securely locked and the vehicle access gates closed and latched.

8.17 Smoking is not permitted anywhere within the Venue or grounds, except for the outside entrance porch to the Village Hall, and the Customer must not permit anyone to smoke in the prohibited areas. A Smokers Bin is provided by the entrance porch to the Village Hall.

8.18 If there is any failure to perform and/or breach of any sub Clause above EVH reserves the right to rectify it (with or without notifying the Customer) as soon as reasonably possible and deduct all costs it thereby incurs from the Damage Deposit.

9. Health and Safety

9.1 Any and all electrical equipment to be used by the Customer during the Event must be in good working order and fully PAT Tested. All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.

9.2 EVH shall have the right to inspect electrical equipment at any time during the Hire Term for compliance with sub-Clause 9.1 and shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Venue.

9.3 The Customer shall be made aware of all fire exits, assembly points and fire equipment prior to the start of the Hire Term and the Customer is responsible for ensuring that all present at an Event are aware of the emergency exit routes and the assembly point. All fire exits and access thereto must remain completely unobstructed. All signs for fire exits and equipment must remain as prominent and visible as they are when the Venue is unoccupied. Fire equipment must not be moved from its present location unless being used for its intended purpose.

9.4 The premises are licensed by Waverley Borough Council for the following capacities:
      9.4.1 Village Hall Dancing/standing 200 people
      9.4.2 Village Hall seated 150 people
      9.4.3 Youth Centre dancing/standing 100 people
      9.4.4 Youth Centre seated 75 people

9.5 The Customer is responsible for ensuring that licensing capacity limits are not exceeded.

9.6 The Customer is responsible for providing such Public Liability Insurance (if any) as is applicable to the Event, including when using bouncy castles for example..

9.7 The Customer is responsible for preparing any Risk Assessments as are applicable to the Event.

9.8 The Customer shall notify EVH as soon as is reasonably possible of any serious incident, accident or injury which has taken place at the Event.

10. Access to the Venue

10.1 The Customer shall be provided with a plan of the Venue showing access points. The loading and unloading point is located at the side and front of Village Hall and front door of the Youth Centre.

10.2 Parking facilities are not available in the Venue for guests but public on street parking is available opposite the venue in the Thursley Road and in nearby streets. The Customer will use its best endeavours to ensure that guests do not park on private property or inappropriately in the street including blocking drives or access ways to other neighbouring properties.

10.3 Access for loading and unloading for the Event is permitted only within the times of the agreed Hire Term.

10.4 The Customer may have access to the Venue during the agreed hours of the Hire Term only. Therefore the Customer must ensure that the Hire Term is sufficient to allow setting up, vacating and clearing up time.

10.5 If the Venue is not vacated as agreed at the end of the Hire Term an additional charge will be applied by EVH for any agreed additional time taken or required by the Customer to vacate the Venue.

11. Disability Provision

11.1 Wheelchair access is provided as standard at the Venue.

12. Good Order and Nuisance

12.1 The Customer shall be required to keep all guests under a reasonable level of control. This obligation shall extend to noise levels, general behaviour and sobriety.

12.2 The Customer shall maintain public order at all times and in the event of a breach of public order occurring EVH reserves the right to discontinue the Event and Hire Term immediately. In such circumstance the Customer and guests will be required to leave the Venue without notice or refund subject to the provisions of this agreement relating to the Customers obligations of removal after the Event including to clean and tidy up and vacate the Venue.

12.3 Noise must be kept to a reasonable level at all times. The Customer must ensure that no noise escapes the Venue.

12.4 Fireworks are not permitted in the Venue or its grounds.

13. Films

13.1 The Customer may show films during the Event provided any such shows are given in accordance with the provisions of the Cinemas Act 1985

14. Music and Noise

14.1 EVH has been designated as a Licensed Venue by the Performing Rights Society and holds a Public Performance License for which it pays an annual fee.

14.2 The Customer will ensure that the Event does not infringe copyright and will indemnify EVH against any charges arising from any breach of copyright.

14.3 Music and amplified sound and sound must finish no later than 23:30 hours, when guests must vacate the premises quietly to respect our neighbours as the Venue is located in a residential area. The level of music and amplified sound and speech must be regulated at all times to ensure that it cannot be heard outside the premises.

15. Licensing and Alcohol

15.1 EVH is licensed to sell, and to authorise others to sell, alcohol within normal licensing hours until 23:00 hours plus a period of 30 minutes drinking up time. Hirers must read and understand the laminated notices kept in the bar area and sign a form to show they have understood the Licensing requirements. A standard additional charge is made to regular Hirers who wish to be authorised by EVH to sell alcohol at an Event in the Venue. Non regular Hirers have to obtain a Temporary Licence (TENS) to sell alcohol. Alcohol must not be sold for consumption outside the premises. Beverages must not be taken beyond the external doors. Further details can be obtained from the Premises Supervisor.

16. Removal following Event

Unless otherwise agreed the Customer shall be required to vacate the Venue at the end of the Hire Term.  Where the nature of the Event necessitates additional time to remove any of the Customer’s property an alternative leaving time shall be agreed at the time of Booking and the Hire Term agreed accordingly.

17. Insurance

EVH has in place insurance cover for the Venue and all other property of EVH which is in the Venue either permanently or only for the duration of the Hire Term.  EVH’s insurance shall not cover the Customer’s property nor that of any third parties.

18. Liability and Indemnity

18.1 EVH accepts no liability or responsibility for any loss, consequential loss or damage to the Customer or its guests’ property, equipment or possessions howsoever caused.

18.2 EVH will not be liable for any personal injury or damage to property which occurs during the Event save for personal injury which is attributable to improperly maintained equipment or structural work owned and maintained by EVH.

18.3 EVH will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.

18.4 Nothing in these Terms and Conditions restricts EVH’s liability for death or personal injury arising out of any act or omission of EVH.

19. Force Majeure

No Party to the Hire Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, snow or ice, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question and whether the event cannot take place or is interrupted.

20. Term and Termination

20.1 the Hire Agreement shall come into force on the agreed commencement date and shall continue for an agreed Hire Term from that date.

20.2 In the event of cancellation under Clause 6, the Hire Agreement shall immediately terminate.

20.3 Either Party may immediately terminate the Hire Agreement by giving written notice to the other Party if:
      21.3.1 any sum owing to that Party by the other Party under any of the provisions of the Hire Agreement is not paid within 14 Business Days of the due date for payment;
      20.3.2 the other Party commits any other breach of any of the provisions of the Hire Agreement.
      20.3.3 that other Party ceases, or threatens to cease, to carry on business; or
      20.3.4 control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Hire Agreement.

21. Effects of Termination

Upon the termination of the Hire Agreement for any reason:

21.1 any sum owing by either Party to the other under any of the provisions of the Hire Agreement shall become immediately due and payable;

21.2 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Hire Agreement which existed at or before the date of termination;

22. No Waiver

No failure or delay by either Party in exercising any of its rights under the Hire Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Hire Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

23. Set-Off

Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Hire Agreement or any other agreement at any time.

24. Assignment and Sub-Contracting

The Hire Agreement is personal to the Parties.

25. Time

The Parties agree that all times and dates referred to in the Hire Agreement shall be of the essence of the Hire Agreement.

26. Notices

26.1         All notices under the Hire Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

26.2         Notices shall be deemed to have been duly given:
      26.2.1     when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
      26.2.2     when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated.

In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

27. Entire Agreement

27.1 the Hire Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

27.2 Each Party acknowledges that, in entering into the Hire Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Hire Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

28. Severance

In the event that one or more of the provisions of the Hire Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Hire Agreement.  The remainder of the Hire Agreement shall be valid and enforceable.

29. Law and Jurisdiction - including booking clash and complaints procedure

These Terms and Conditions and the Hire Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and falls within the jurisdiction of the courts of England and Wales.

                                                  VILLAGE HALL AND YOUTH CENTRE POLICY

                                                             In event of a booking clash

Some hiring applications are for a one-off booking.   Some have a repeat element – a group or class may wish to meet regularly at the same time every week/month.   If this is made clear at the time of the initial booking, and provided there is no clash with any other booking already made, the slot will be reserved automatically for the hirer on a repeat basis until further notice. Payment for a number of advance bookings will normally be required in advance for a new hirer. Notice must be given if any bookings will not take place.

Before accepting a booking for the Village Hall or Youth Centre, we check that the slot has not already been booked by another hirer, nor for a date that has already been reserved for an existing group that meets regularly.

If a previous booking for that slot has already been accepted or reserved, that booking will have priority over the second application. The second application cannot be accepted.

Notwithstanding this, an attempt would be made to accommodate the second hirer:  

  • An alternative slot will be offered to the second hirer if available.
  • Rarely, and only in exceptional circumstances, the Village Hall might approach the first hirer to see whether a solution could be found that would be acceptable to both hirers.

In such circumstances, if a compromise solution can be offered that involves the first hire changing from the Youth Centre to the Village Hall it must be fully acceptable to the first hirer.

In the hopefully unlikely event of an error being made by the Village Hall that leads to bookings being accepted from two different hirers for the same slot, then the Village Hall will do everything possible to find an alternative arrangement acceptable to both hirers. However, the first hirer will take priority.

If no compromise solution can be found, the matter will be referred to the Village Hall Management Committee. The decision of the Management Committee, which will have regard to the Constitution, will be minuted and will, in all circumstances, be final. The Secretary will write to the parties advising the decision made.

                                                                          Complaints Procedure

Elstead Village Hall and Youth Centre is run by its Management Committee on behalf of the Trustees, in accordance with its Constitution (a copy of which is available from the Secretary on request), to provide facilities for social, recreational and educational purposes within the community.

If any user of the Village Hall or Youth Centre, or any member of the local community, is unhappy about the standard of service provided, the quality of the facilities, the handling of any particular situation or issue, or any other matter, they should let the Management Committee know.

We take all complaints seriously and any complainant will be treated with courtesy and respect. We will endeavour to give a full response within two weeks or, if the matter is complex and requires longer investigation, will advise when a reply may be expected.

Informal complaints

Informal complaints should in the first instance be raised with the Chairperson of the Management Committee. These may be more easily addressed by informal discussion, either by telephone or through a meeting of the key persons involved.

If the issue relates in any way to safety of users or visitors to the Village Hall or Youth Centre it will receive immediate attention. If the Chairperson is unavailable, the issue should be raised with the Secretary or any other member of the Management Committee.

If you have any concern, we would suggest that it be raised informally with the Chairperson in the first instance. Normally it will be possible for the issue to be resolved quickly and amicably in this way.

Formal complaints

If you think we have failed to provide a satisfactory response, or feel that your concern has not been addressed satisfactorily on an informal basis, you may make a formal complaint. This should be made in writing to the Chairperson, who will investigate the matter in detail and provide a written response. If the complaint relates to the Chairperson him/herself, you should contact the Secretary who will consult with the rest of the Committee members.

The outcome of all complaints is discussed by the Village Hall Management Committee at their ordinary meetings to ensure full awareness, and towards achieving continued improvement in the services provided.

General

If a complaint relating to any user of the Village Hall or Youth Centre is received from any individual not acting officially on behalf of such user, we would in the first instance refer the complainant to the leader/organiser of the group involved. If no satisfactory outcome results, the Chairperson will deal with the complaint; the leader of the group involved will be informed of the decision made. It is not our practice to discuss the running of any group with anyone not officially acting on its behalf.

If anyone should act in a way that does, or might, cause the Village Hall to suffer unjustified financial loss that is not reimbursed, or whose slanderous or libellous actions bring the Village Hall into disrepute, the Management Committee will immediate inform the Trustees. The Trustees will take such action as is considered appropriate, including legal action if warranted, to protect the Village Hall’s ability to continue to provide facilities to the community.



30. Privacy Policy

Elstead Village Halls is the controller of any personal data that you share with us when you hire one of our Halls - Elstead Village Hall or Elstead Youth Centre.  We always treat this data with care and confidentiality.

The data that we hold

We ask for your name address and contact details (email, address and telephone numbers) as part of our hiring agreement and key holder information.  We will not collect any personal data we do not need to manage the hiring agreement between us.  Please do inform us if any of the contact details we hold have changed or are incorrect.

How long we hold his data

We hold this data for the period of the hiring agreement.  Once the agreement has finished we will retain it only for the length of time required for the accounts to be audited and to meet the requirements of HMRC, which is to retain data for a minimum of six years, and the Charities Commission.  After that time your data will be archived or destroyed.

What we do with your data

All the personal data we hold is processed by our team in the UK.  No third parties have access to your data, unless the law allows them to, and we do not share your data.  All data is held securely.

What are your rights

If at any point you believe that the information that we hold for you is incorrect, you can request to see this information and have it corrected or deleted.




Updated May 2018