Claygate Recreation Ground Trust
STANDARD CONDITIONS OF HIRE
For the purposes of these conditions, the term HIRER shall mean an individual hirer, or where the hirer is an organisation, the authorised representative. The term LAND shall mean the Outdoor Space on the Claygate Recreation Ground. The TRUST shall mean the Claygate Recreation Ground TRUST.
1. The Trust's decision on any matter affecting the use of the Land by the hirer, any damage arising from such use and any costs incurred as a result of that use shall be final and binding on both the Trust and the hirer.
2. The HIRER shall fully indemnify the Trust against all claims of any kind whatsoever, attributable to or arising out of the Hirer's use of the Land.
3. Bookings for use of the Recreation Ground must be made via the online booking system found at https://www.claygaterecreationgroundtrust.org.uk/online-booking/
4. Irregular bookings for large parts of the Recreational Ground, generally in excess of 200 sqm, for commercially run events should initially contact firstname.lastname@example.org to discuss their requirements before placing a booking.
5. The charges applicable to hire of outdoor spaces can be found at https://www.claygaterecreationgroundtrust.org.uk/online-booking/
6. For any single booking made within 2 months of the date of hire, the hiring charge shall be payable by THE HIRER at the time of booking the booking. For a booking made 2 months or more ahead of the requested date of hire, a deposit of 50% of the hiring charge shall be payable by the HIRER at the time of booking. The balance being payable on receipt of an invoice from the Trust 2 months ahead of the date of hire. Late payment will attract interest at a rate of 5% per month or part thereof or may result in the booking being cancelled.
7. Regular HIRERS will be able to book periods of hire up to 12 months in advance. An invoice and confirmation will be issued in 2 month blocks in advance of the period of hire. Payment will be required upon receipt of the invoice. Late payment will attract interest at a rate of 5% per month or part thereof or may result in the booking being cancelled. In addition, the Trust requires 6 weeks’ notice for the termination of any regular booking or full payment will be retained for any booking falling within that 6 week notice period.
8. If THE HIRER wishes to cancel the booking up to two weeks before the date of the event the Trust will retain 50% of the hiring charge. Any cancellation in the two weeks prior to the event will result in the forfeit of the full hiring charge.
9. The HIRER should notify the Trust within 7 days prior to the event if any changes or proposed changes in COVID-19 Laws, Regulations or Guidance would mean that the event can no longer take place. The event will then be cancelled and a full refund will be made by the Trust to the person or organisation that paid for the hire charge.
10. Late payment will attract interest at a rate of 5% per month or part thereof or may result in the booking being cancelled.
11. The HIRER is to ensure that all COVID -19 laws, regulations and guidance in place at the time of the event are followed in their entirety. The Trust will not accept any liability for non compliance. The latest updates on conducting fitness and leisure classes can be found at https://www.cimspa.co.uk/cimspa-news/news-home
12. HIRERS booking to hold training and classes for commercial gain are to provide the following documents at the time of initial booking:
Certificate of Public Liability Insurance at a minimum of £5m (five million pounds)
Certificate of Qualification (if appropriate)
Any appropriate First Aid accreditations (if appropriate)
A risk assessment with any mitigating action relevant to the activity to be undertaken including proof of DBS checks if appropriate
13. The HIRER is to provide at the time of initial booking and prior to the activity taking place an updated COVID -19 risk assessment. The risk assessment should comply with the latest laws, regulations and guidance at the time of the activity and as a minimum provide information in line with the following specifications:
Adherence to Social distancing
Max number of participants allowed (including coach/trainer) and how this will be managed
At least 15 minutes between sessions/classes
Appropriate insurance in place for all activities
Use of equipment kept to a minimum (only used if equipment is cleaned before and after use)
Method of collating details for NHS Contact Tracing
Other stipulations as outlined in the guidance provided by the Chartered Institute for the Management of Sport and Physical Activity (CIMSPA) that can be found at: https://www.cimspa.co.uk/cimspa-news/news-home
14. The Trust reserves the right to cancel this hiring at any time, in which case The HIRER shall be entitled to a refund of any deposit and/ or hiring charge already paid. The Trust shall not be liable to pay any compensation.
15. In the event of the premises or part thereof being rendered unfit for the use for which it has been hired, the Trust shall not be liable to The HIRER for any resulting loss or damage whatsoever.
16. The HIRER is to observe all relevant laws, regulations, statutes and licenses relating to the Land and its use for staging the Event including but not limited to observance of the Regulations contained in Town and Country Planning (Control of Advertisements) (England) Regulations 2007, the Highways Act 1980 and the Copyright, Designs and Patents Act 1988 in relation to the Event. Failure to comply with the said legislation may lead to criminal prosecution.
17. The HIRER is to ensure that where appropriate that all Laws, Regulations and guidance applicable to the playing of music or the staging of live performances is fully complied with.
18. The HIRER shall ensure that no nuisance, annoyance or inconvenience of any kind whatsoever shall be caused to the Trust or owners or occupiers of adjoining or neighbouring properties caused directly or indirectly by the Hirer's use of the Land. To this end all commercial lets must end no later than 10.00 pm Sunday to Friday and 11.00 pm on Saturdays. The Hirer should be aware, in relation to noise, of section 62 under the Control of Pollution Act 1974 that states ‘a loudspeaker in a street shall not be operated (a) between the hours of nine in the evening and eight in the following morning, for any purpose.
19. The HIRER shall ensure Access to the Land for the general public must not be restricted in any way unless by written consent of the Trust. This does not restrict the right of the Hirer to offer for sale any tickets or programmes to view or attend the Event.
20. The HIRER shall make no charge to the general public wishing to gain access to the Land except by written permission of the Trust.
21. If appropriate and in agreement with the Trust it is the HIRER’S responsibility to provide adequate toilet facilities and to liaise with the Thames Water Authority for water provision on the Land. Consideration should be given if portable toilets are required and should not be located at a reasonable distance away from residential properties.
22. The HIRER shall pay any expenses incurred by the Trust in carrying out any work necessary in preparing the Land for use by the Hirer including the erection of barriers and fences.
23. Under no circumstances shall Equipment be taken on to the Land when the state of the ground is such that damage is likely to be caused or inconvenience is caused to the public, save that nothing contained in this clause shall affect the responsibility of the HIRER under clauses 2, 30 & 31.
24. Equipment shall not be taken on to the Land earlier than four days before the commencement of the Period of Use without written permission from the Trust.
25. All Equipment must be removed from the Land by the end of the second day after the expiry of the Period of Use. The Trust may charge for each day over the permitted Period of Use the Hirer occupies the Land as well as any expenses incurred restoring the Land to its condition prior to the Period of Use.
26. The HIRER shall ensure that no vehicles whatsoever other than the Equipment are permitted to enter or remain upon the Land without prior written approval from the Trust.
27. The HIRER will be held responsible for the cost of the Trust restoring the Land to its condition immediately prior to the Period of Use, the repairing of any damage to the Land arising out of the HIRER’S use and the clearing of litter and debris not cleared away by the HIRER to the satisfaction of the Trust by not later than noon on the day after the period of use. Any costs arising from any default under this clause shall be enforced by the Trust against the HIRER.
28. Not less than 14 days prior to the commencement of the period of use, the hirer shall provide to the Trust a Site plan showing the positioning of all erections, vehicles, caravans, appliances and any other Equipment to be used in connection with the running of the event, (hereinafter collectively referred to as the "Equipment"), together with Public Liability Insurance documents and test certificates (e.g. ADIPS) for all rides.
29. The Trust may require either the alteration of the positions or removal of the Equipment from the Land.
30. The HIRER shall affect Public Liability Insurance with a minimum indemnity limit of not less than £5m (five million pounds) in respect of any one Accident. The Trust’s interest must be noted in the Policy and the Insurance must indemnify the Trust in respect of any liability that the Trust may incur for personal injury or damage to property, sustained as a result of the use of the Land by the HIRER.
31. The HIRER must provide evidence of insurance cover as requested by the Trust at the time of booking confirmation or with the agreement of the Trust not less than 14 days prior to commencement of the period of use. Insurance must be arranged for ALL facilities that will be provided on site during the hire period.
32. The HIRER must conduct or provide their own risk assessment undertaken by competent persons, a written copy of which should be lodged with the Trust at least 5 weeks prior to the event date. This key document will be material in the event of any claim arising. The Trust will not be responsible for any errors or omissions in the risk assessment and will rely upon the reasonable skill and care of the persons conducting the risk assessment. Risk assessments are a legal requirement for employers under the management of Health and Safety at Work regulations 1999. Workplace equipment is covered under Regulation 6 of the Provision and Use of Work Equipment 1998 and daily inspection of equipment is the minimum requirement. The operator should undertake daily inspections on Equipment and report any significant defects or hazards to the authority immediately. The operator will also comply with all manufacturers approved working practices for the use of the Equipment. In these circumstances, the Equipment concerned will not be used without the written consent of the authority. Failure to apply specific safety requirements could result in the cancellation of your event or in extreme cases prosecution. Consideration should be given to all aspects of your event which involve a level of risk. E.g. machinery, fireworks, first aid, electricity, lost children, fuel etc.
33. The Trust may refuse permission for travelling fairs and circuses to be sighted on the Land unless Certificates of Fitness relating to every ride in the fair can be produced. Each such Certificate must be valid for the period of hire with Elmbridge Borough Trust & produced with Insurance documents not less than 14 days prior to hire, as outlined in clause 28 above.
34. When employing fairground contractors, precautions must be taken against damage caused to the Trust's property from oil etc. that may be discharged from the fairground machines and that sawdust or similar material should be used to protect the turf.
35. The HIRERS must satisfy themselves that the operators of fairground machines have adequate public liability insurance cover for injuries to third parties. There should be in force a formal contract between Elmbridge Borough Trust and the fairground operative to:
Demonstrate that all relevant items of equipment (the Equipment) to be used In the event described in the agreement (The Event) have been subject to an annual inspection by a person accredited in Amusement Device Inspection Procedure Scheme which is in force at the time when the Equipment is to be used.
Demonstrate that anyone operating the Equipment has the relevant instruction and training
Submit an assessment for all items of equipment to be used detailing all significant risk arising from the use of Equipment. Any defects unacceptable to the Trust must be rectified prior to the event taking place.
36. Notification of the intention to employ fairground contractors or to use Equipment usually used by funfairs, in connection with the use of the Land must be given to the Trust at least fourteen days prior to the commencement of the period of use. The Trust has absolute discretion to permit or prohibit such actions.
37. Pyrotechnics (including fireworks, stunt performances etc.) will not be permitted at any event without prior written permission of the Trust. This permission will only be considered following a detailed risk assessment being provided by the event organiser, at least 6 weeks prior to the date of the event.
38. No fires shall be allowed without prior written approval from the Trust.
39. Inflatables must be designed in accordance with the British/European standard BS EN 14960. A bouncy castle (including inflatable slides and obstacle courses) is designed for air to continuously escape through its seams and is covered by BS EN14960. Hirers should not operate sealed air trampolines, normally inflated with an air compressor and then sealed so there is no air flow in and out as it is not covered by the British/European standard BS EN 14960. Inflatable play equipment has its own safety accreditation scheme through PIPA which can also be safety accredited through the ADIPS scheme (fairground equipment). Operators should conform with the manufacturers’ instructions when using inflatables, including fixing them securely to the ground and being mindful of the weather conditions – each piece of inflatable equipment will have a maximum wind speed under which it would be safe to operate (operators should possess an anemometer to be able to measure wind speed) and must not operate the equipment if it is wet.
40. The organiser/fairground operative must submit written confirmation of the insurance cover indemnifying the Trust against any claims, costs, losses or expenses arising from the use of equipment. The organiser/fairground operative must submit written confirmation of insurance cover in place on insurer or broker headed paper in accordance with this undertaking.
41. The Trust expect hirers/users of our facilities to behave in courteous and professional manner towards each other and members of the public. Anti-social behaviour will not be tolerated and may result in cancellation or refusal for future bookings. Any rubbish or waste generated by the hirers/users must be removed and cleared on completion of the hire.
42. All persons using the Trust facilities shall behave in a manner that does not cause injury, damage or nuisance to property, staff or other users of the park or ground. All persons shall conform to any regulations or byelaws in force with respect to the grounds and comply with any instructions they may receive from the ground staff or any other officials appointed by the Trust.
43. Sub-letting of pitches or facilities is not permitted without written authorisation by the Trust.