Hirers Agreement
All Hirers of the Wellbeing Centre will be asked to sign a Hirers Agreement prior to use which will contain the terms and conditions below.
1. Definitions and Interpretation
1.1 CCMG LTD – means the company that owns Rosebery Medical Centre and The Rosebery Wellbeing Centre. (Company No 07286986).
1.2 The Hirer – means the person or organisation as detailed on the Hirers Agreement.
1.3 The Premises – means Rosebery Medical Centre and the Old Infant School, Rosebery Street, Loughborough, LEICS, LE11 5DX.
1.4 Total Amount Due – means the total amount that the Hirer is required to pay CCMG LTD as set out in the Hirers Agreement.
2. Booking
2.1 The Hirer may submit their Hirers Agreement electronically however; the Hirer's booking will only be accepted upon receipt of a signed copy of the Hirers Agreement.
3. Use of Premises
3.1 The Hirer shall not use the Premises for any purpose other than that described on the Hirers Agreement and shall not sub-hire or use the Premises or allow the Premises to be used for any unlawful purpose or in any unlawful way, nor do anything or bring onto the Premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol on the Premises without prior written permission of the CCMG LTD.
4. Licences
4.1 The Hirer shall be responsible for obtaining any licences and for completing any returns that may be required by the Performing Rights Society, Phonographic Performance Limited, The Copyright Licensing Agency Limited and all other similar bodies in connection with the hiring and the Hirer shall indemnify CCMG LTD against the consequences of the Hirer's failure to do so.
5. Gaming, Betting and Lotteries
5.1 The Hirer shall ensure that nothing is done on or in relation to the Premises in contravention of the law relating to gaming, betting and lotteries.
6. Public Safety Compliance
6.1 The Hirer shall comply with all conditions and regulations made in respect of the Premises by the Fire Authority, Local Authority, the Local Magistrate's Court or otherwise, particularly in connection with any event which includes public dancing or music or similar public entertainment or stage plays.
7. Electrical Appliance Safety
7.1 The Hirer shall ensure that any electrical appliances brought by him to the Premises and used there shall be safe and in good working order, and used in a safe manner and have been tested in accordance with current safety testing requirements.
8. Alterations
8.1 The Hirer must not make any alterations to the Premises or any other part of the Rosebery Wellbeing Centre without CCMG's prior written consent.
9. Food and Drink
9.1 The Hirer shall if preparing, serving or selling food observe all relevant food and hygiene legislation and regulations.
9.2 If the Hirer wishes to use caterers on the Premises during the event the Hirer must ensure that the caterers comply with all health and hygiene legislations and regulations.
10. Animals
10.1 The Hirer shall ensure that no animals (including birds) except guide dogs are brought onto the Premises other than with the prior written consent of CCMG LTD.
11. General regulations
11.1 The Hirer shall ensure that the following conditions are adhered to in full:
11.1.1 No preparation may be applied to the floors.
11.1.2 No interference with any equipment, books or any other materials.
11.1.3 No interference with the heating system.
12. Nuisance
12. The Hirer must not do or allow anyone attending their hiring to do anything on the Premises which is or may become a nuisance to the CCMG LTD or other hirers or to the occupiers of adjoining or neighbouring premises. The Hirer shall be responsible for requiring any person causing such a nuisance to leave the Premises. It is the Hirer's responsibility to ensure that the minimum of noise is made on arrival and departure.
13. Children and Vulnerable Groups
13.1 The Hirer shall ensure that where a hiring involves activities/ clinics aimed predominantly at children, they have appropriate child protection policies and procedures in place and that they themselves and those persons likely to have contact with children have been subject to enhanced Criminal Record Bureau checks. CCMG LTD reserves that right to review child protection policies and procedures and to impose any additional requirements they consider appropriate in connection with the hiring. If for any reason the CCMG LTD are not satisfied then they reserve the right to cancel any hiring and there shall be no liability to the Hirer other than to refund any of the Total Amount Due (including any deposit paid).
13.2 The Hirer shall ensure that where a hiring involves a regulated activity as described by the Safeguarding of Vulnerable Groups Act 2006 they have appropriate safeguarding of Vulnerable Groups protection policies and procedures in place and that they themselves and those persons likely to have contact with children have been subject to enhanced Criminal Record Bureau checks. CCMG LTD reserves that right to review safeguarding of Vulnerable Groups protection policies and procedures and to impose any additional requirements they consider appropriate in connection with the hiring. If for any reason the CCMG LTD are not satisfied then they reserve the right to cancel any hiring and there shall be no liability to the Hirer other than to refund any of the Total Amount Due (including any deposit paid).
14. Sale of Goods
14.1 The Hirer must not use the Premises for any auction sale, trade, business or manufacture without the written agreement of CCMG LTD or for any illegal or immoral act or purpose and CCMG LTD reserves the right to cancel with immediate effect any hiring where such use is taking or is intended to take place without refund of the Total Amount Due paid (including any deposit paid).
15. Unfit for Use
15.1 CCMG LTD may cancel any hiring if the Premises or any parts of the building are rendered unfit or become unavailable due to unforeseen circumstances and there shall be no liability to the Hirer other than to refund any of the Total Amount Due (including any deposit paid) for the cancelled hiring.
16. Refusal of Booking
16.1 The Premises shall not be hired to the following organisations:
a) The National Front
b) The New National Front
c) The British Constitutional Movement
d) The British Movement
e) The League of St. George
f) Column 88
g) The British Democratic Party
h) The British National Party
i) Any other party which has racist aims
16.2 CCMG LTD may cancel any hiring if in its opinion the hiring organisation for which the Premises are hired has racist policies, regardless of the stated reason for hiring the building. In such event CCMG LTD shall incur no liability to the Hirer whatsoever, other than the return of any of the Total Amount Due that has been paid by him in respect of such cancelled hiring.
17. End of Hire
17.2 The Hirer shall ensure that the Premises are vacated at the time specified on the Hirers Agreement under 'Finish time of event'. In the event that the Hirer and his party have not vacated the Premises or any part of Rosebery Medical Centre by the time stated CCMG LTD shall at its discretion make an additional charge.
17.3 The Hirer shall be responsible for leaving the Premises and surrounding area in a clean and tidy condition and any contents temporarily removed from their usual positions properly replaced, if this condition is not complied with CCMG LTD shall at its discretion make an additional charge.
18. Payment and Total Amount Due
18.1 The details of the Total Amount Due are set out in the Hirers Agreement.
18.5 If payment is not or if any other terms of this Agreement not complied with then CCMG LTD reserves the right to cancel the booking. Any amount paid by the Hirer will not be refunded.
19. Insurance
19.1 During the period of hiring, the Hirer shallbe responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify CCMG LTD from and against any expense liability loss claim or proceedings including claims for personal injury to or the death of any person whatsoever arising out of the course of or caused as a result of the hiring except where due to the negligence of CCMG LTD or their respective servants or agents.
19.2 The Hirer is required to have adequate Public Liability Insurance in place for the use the Premises. The level of indemnity of the Public Liability Insurance must be no less than £5,000,000 for each and every claim.
20. Cancellation
20.1 The Hirer must give the CCMG LTD at least 10 days notice of its wish to cancel the booking. If such notice is given to CCMG LTD the Total Amount Due less any deposit paid shall be refunded to the Hirer.
21. Health & Safety
21.1 The Hirer acknowledges that he has been provided with access to the Health and Safety policy for the Premises. If the Hirer for any reason considers that the document requires any amendment to reflect the Hirers proposed use of the Premises the Hirer must make CCMG LTD aware and provide CCMG LTD details in writing of the necessary amendments.
21.2 The Hirer agrees to comply with the terms set out in the Health and Safety Policy.
21.3 The Hirer acknowledges that he is familiar with the following:
a) Fire alarm points
b) Fire evacuation procedures, routes, refuge point and assembly point
c) Location of first aid kit
d) Location of the accident reporting book
21.4 In accordance with the Premises' fire evacuation plan the Hirer is required to:
a) Keep a register of people in the Premises and people who leave the Premises early;
b) Familiarise all participants with the position of fire alarm points, fire evacuation routes, fire refuge points and fire assembly point.
c) Ensure that all necessary arrangements have been made to evacuate wheelchair bound participants from the building or to the fire refuge point.
d) Comply with the internal reporting procedures of the Premises as stated in the Centre policies.
21.5 The Hirer is advised to carry out a practice evacuation of the Premises to highlight any points for concern.
22. Storage
22.1 In the event that CCMG agrees to allow Hirers to store equipment or other items at the Rosebery Wellbeing Centre Hirers do so at their own risk. CCMG accepts no responsibility for loss or damage to items stored at the Centre.
23. Data Protection
23.1 Personal data supplied on the Hirers Agreement will be held on computer and will be used in accordance with the Data Protection Act 1998 for statistical analysis, management, planning and in the provision of services by the CCMG LTD and its partners. The Hirer's data will not be used for any marketing purposes.
24. General Terms
24.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
24.2 No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
24.3 This Agreement will be governed by and interpreted in accordance with the laws of England and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
