Hirers’ Terms & Conditions

STANDARD CONDITIONS OF HIRE

1. Applicability

These standard conditions apply to all hiring of the Braco Village Hall and they form part of the Agreement for hire between the Trustees of Braco Village Hall (referred to as ‘the Trustees’) and the person who has completed the online booking form (referred to as ‘the Hirer’). The completed booking form forms part of this Agreement.

2. The Hirer

You, the Hirer, not being a person under 18 years of age, hereby accept responsibility for being in charge of and on the premises at all times when the public are present and for ensuring that all Standard Conditions under this Agreement relating to management and supervision of the premises are met.

3. Supervision

The Hirer shall, during the period of the hiring, be responsible for the supervision of the hall, the fabric and the contents, their care, safety from damage however slight, or change of any sort and the behaviour of all persons using the hall whatever their capacity, including proper supervision of car-parking arrangements so as to avoid obstruction and hazardous situations.

As directed by us, the Hirer must make good or pay for all damage (including accidental damage) to the premises or to the fixtures, fittings or contents and for loss of contents. The Hirer or their representative shall be present at the hall for the duration of the event. The hall cannot be hired by people under 18.

4. Use of the Braco Village Hall

The Hirer shall not use the hall at any one time for any number of persons (including staff and performers) greater that that stated in the booking confirmation email.

The Hirer shall not use the hall for any purpose other than that described in the Booking Form and shall not sub-hire or use the hall or allow the premises to be used for any unlawful purpose or in any unlawful way nor do anything to bring onto the premises anything which may endanger the same or render invalid any insurance policies in respect thereof.

It is the responsibility of the Hirer to apply for the appropriate licence for the lawful sale & consumption of alcohol as is necessary.

The Hirer is responsible for leaving the hall clean and tidy. The Hirer will report all breakage and damage to the Hall Trustees immediately.

The Hirer is responsible for keeping noise levels to an acceptable level both inside the hall and outside, and ending all events by midnight unless previously agreed with the Hall Trustees and covered where necessary by the event / sale of alcohol licence. You must ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning.

The hall is in a residential area and the Hirer shall take due care to respect the residents of the village.

5. Insurance and indemnity

(i) The Hirer is liable for:

(a) the cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including its curtilage or its contents;

(b) the cost of repair of any damage (including accidental and malicious damage) done to our WiFi service;

(c) all claims, losses, damages and costs made against or incurred by us, our employees, volunteers, agents or invitees in respect of damage or loss of property or injury to persons arising as a result of your use of the premises (including the storage of equipment) and your use of our WiFi service (if any), and

(d) all claims, losses, damages and costs made against or incurred by us as a result of any nuisance caused to a third party as a result of your use of the premises and/or the use of our WiFi service (if any), and subject to sub-clause (ii), you must indemnify us against such liabilities.

(ii) We will take out adequate insurance to insure the liabilities described in subclauses (i)(a) and (b) above and may, in our discretion and in the case of non-commercial hirers, insure the liabilities described in sub-clauses (i)(c) and (d) above. We will claim on our insurance for any liability you incur but you must indemnify us against:

(a) any insurance excess incurred and

(b) the difference between the amount of the liability and the monies we receive under the insurance policy.

(iii) Where we do not insure the liabilities described in sub-clauses (i)(c) and (d) above, you must take out adequate insurance to insure such liability and on demand must produce the policy and current receipt or other evidence of cover. If you fail to produce such policy and evidence of cover, we will cancel this Agreement and re-hire the premises to another hirer.

We are insured against any claims arising out of our own negligence.

6. Gaming, betting and lotteries

The Hirer shall ensure that nothing is done on or in relation to the hall in contravention of the law relating to gaming, betting and lotteries.

7. Music and Performance

It is the responsibility of the Hirer to arrange any licences required which permit the use of copyright music, the performance of live music and/or the playing of recorded music. If other licences are required in respect of any activity in the hall, the hirer should ensure that they obtain the relevant licence.

8. Film

You must restrict children from viewing age-restricted films classified according to the recommendations of the British Board of Film Classification. You must ensure that you have the appropriate copyright licences for film.

9. Licences for sale or consumption of alcohol

The Hirer shall be responsible for arranging such licences as may be needed whether for the sale or supply of intoxicating liquor and for the observance of same.

10. Safeguarding children, young people and vulnerable adults

You must ensure that any activities for children, young people and other vulnerable adults are only provided by fit and proper persons in accordance with the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide the Hall Trustees with a copy of your Safeguarding Policy and evidence that you have carried out relevant checks through the Disclosure and Barring Service (DBS).

11. Public safety compliance

You must comply with all conditions and regulations made in respect of the premises by the Local Authority, the Licensing Authority, and our fire risk assessment or otherwise, particularly in connection with any event which constitutes regulated entertainment, at which alcohol is sold or provided or which is attended by children. You must also comply with our health and safety policy.

You must call the Fire Service to any outbreak of fire, however slight, and give details to the Hall Trustees.

You acknowledge that you have received instruction in the following matters:

The action to be taken in event of fire. This includes calling the Fire Brigade and evacuating the hall.
The location and use of fire equipment.
Escape routes and the need to keep them clear.
Method of operation of escape door fastenings.
Appreciation of the importance of any fire doors and of closing all fire doors at the time of a fire.

(ii) In advance of any activity whether regulated entertainment or not you must check the following items:

That all fire exits are unlocked and panic bolts are in good working order.
That all escape routes are free of obstruction and can be safely used for instant free public exit.
That any fire doors are not wedged open.
That exit signs are illuminated.
That there are no fire-hazards on the premises.
That emergency lighting supply illuminating all exit signs and routes are turned on during the whole of the time the premises are occupied.

12. Food, Health and Hygiene

The Hirer shall, if preparing, serving or selling food, observe all relevant food health and hygiene legislation and regulations. There are facilities for food service in the hall and it is the Hirer’s responsibility to ensure they are adequate for the purpose of hire. The premises are not provided with a thermometer.

13. Electrical appliances safety

The hirer shall ensure that any electrical appliances brought into the premises and used are PAT tested and used appropriately in accordance with the Electricity at Work Regulations 1989.

14. Accidents and dangerous occurrences

The Hirer must report all accidents involving injury to the public to the Hall Trustees immediately and complete the relevant section in the accident book. Any failure of equipment belonging to the hall or brought in by the Hirer must also be reported as soon as possible. You must report certain types of accident or injury on a special form to the Incident Contact Centre. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

15. Drunk and disorderly behaviour, supply of illegal drugs.

The Hirer must ensure that in order to avoid disturbing neighbours of the hall and to avoid violent or criminal behaviour: i) no one attending the event consumes excessive amounts of alcohol; and ii) no illegal drugs are brought onto the premises. Drunk and disorderly behaviour shall not be permitted either in the hall or its immediate vicinity. We will ask any person suspected of being excessively drunk, under the influence of drugs or who is behaving in a violent or disorderly way to leave the premises in accordance with the Licensing (Scotland) Act 2005. Care should be taken to avoid disturbance to neighbours of the hall.

16. Explosives and flammable substances

You must ensure that:

(i) Highly flammable substances are not brought into, or used in any part of the premises.

ii) No internal decorations of a combustible nature (e.g. polystyrene, cotton wool) are erected without our consent.

iii) No fireworks, pyrotechnics (including Chinese lanterns) may be set off in the grounds of the hall nor should they be brought into the hall.

17. Smoking

No smoking is allowed in the hall. The Hirer shall, and shall ensure that the Hirer’s invitees, comply with the prohibition of smoking in public places provisions of the Health Act 2006 and regulations made thereunder. Any person who breaches this provision shall be asked to leave the hall. You must ensure that anyone wishing to smoke does so outside and disposes of cigarette ends, matches etc. in a tidy and responsible manner so as not to cause a fire.

18. Animals

The Hirer shall ensure that no animals (including birds) except Guide dogs, Hearing dogs and Assistance dogs are brought into the hall other than for a special event agreed by the Hall Trustees.

19. Flyposting

You must not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the premises and must indemnify and keep us indemnified accordingly against all actions, claims and proceedings arising from any breach of this Condition. If you fail to observe this Condition, you may be prosecuted by the local authority.

20. Sales of goods

The Hirer shall, if selling goods at the hall, comply with Fair Trading Laws and any code of practice used in connection with such sales.

21. Payment of hire fees and cancellation

The Hirer shall make full payment on receipt of the invoice that will be issued after the booking has taken place.

The Hall Trustees reserve the right to cancel a booking by written notice to the Hirer in the event of:

the Trustees reasonably considering that (i) such hiring will lead to a breach of licensing conditions, if applicable, or other legal or statutory requirements, or (ii) unlawful or unsuitable activities will take place at the hall as a result of this hiring;
the hall becoming unfit for the use intended by the Hirer;
an emergency requiring the use of the hall for the community such as an emergency shelter;
when the hall is required for use as a Polling Station.
In any such case the Hirer will be entitled to a refund of any deposit already paid, but we will not be liable to you for any resulting direct or indirect loss or damages whatsoever.

22. WiFi Services

When using the WiFi service the Hirer agrees at all times to be bound by the following provisions:

(i) not to use the WiFi service for any for the following purposes:

(a) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;

(b) transmitting material that constitutes a criminal offence or encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;

(d) making, transmitting or storing electronic copies of material protected by copyright without permission of the owner;

(ii) to keep any username, password, or any other information which forms part of the WiFi service security procedure confidential and not to disclose it to any third party.

23. Termination of the WiFi service

The Hall Trustees have the right to suspend or terminate the hall WiFi service immediately in the event that there is any breach of any of the provisions of these Standard Conditions including without limitation:

(i) if you use any equipment which is defective or illegal;

(ii) if you cause any technical or other problems to our WiFi service;

(iii) if, in our opinion, you are involved in fraudulent or unauthorised use of our WiFi service;

(iv) if you resell access to our WiFi service; or

(v) if you use our WiFi service in contravention of the terms of these Standard Conditions.

24. Availability of WiFi Services

(i) Although we aim to offer the best WiFi service possible, we make no promise that the WiFi service will meet your requirements. We cannot guarantee that our WiFi service will be fault-free or accessible at all times.

(ii) It is your responsibility to ensure that any WiFi enabled device used by you is compatible with our WiFi service and is switched on. The availability and performance of our WiFi service is subject to all memory, storage and any other limitations in your device. Our WiFi service is only available to your device when it is within the operating range of the hall.

(iii) We are not responsible for data, messages, or pages that you may lose or that become misdirected because of the interruptions or performance issues with our WiFi service or wireless communications networks generally. We may impose usage, or service limits, suspend service, or block certain kinds of usage in our sole discretion, to protect other users of our WiFi service. Network speed is no indication of the speed at which your WiFi enabled device or our WiFi service sends or receives data. Actual network speed will vary based on configuration, compression and network congestion.

25. Privacy and Data Protection

(i) We may collect and store personal data through your use of our WiFi service.

(ii) We may process all information about you which is provided in relation to our WiFi service in accordance with your legal rights under the Data Protection Act 1998 and solely for the purposes of offering the WiFi service.

(iii) By using our WiFi service, you agree to the terms of the clauses 22, 23, 24, 25. Our WiFi service is owned and funded by Braco Village Hall. If you would like more information or object to anything in these conditions, you should speak to the Hall Trustees.

26. Stored equipment

The hall and its Trustees accept no responsibility for any stored equipment or other property brought into or left at the hall and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring.

We may, at our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances:

your failure either to pay any changes in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended; or
your failure to dispose of any property brought on to the premises for the purpose of the hiring.
Should you wish to discuss storing equipment please contact the Hall Trustees.

27. No alterations

No alterations or additions may be made to the hall nor may any fixtures be installed or notices, placards, decorations or other articles be attached in any way to any part of the hall without the prior approval of the Hall Trustees. At our discretion, any alteration, fixture or fitting or attachment which we have approved may remain in the premises at the end of the hiring. Such items will become our property unless you remove them and you must make good to our satisfaction any damage you cause to the premises by such removal.

28. No rights

The Hiring Agreement constitutes permission only to use the hall and confers no tenancy or other right of occupation on the Hirer.

Last update: October 2024