STANDARD CONDITIONS OF HIRE
DEFINITIONS
1. The following definitions apply to these paragraphs (‘1’ to ‘24’ and ‘a’ to ‘ u’):
Building: the whole of the church and annex including the curtilage
Premises: the areas of the building subject to the hire agreement
Common areas: the toilets, circulation areas, and entrances within the building, and kitchen if specifically agreed with THE HIRER.
LIABILITY
2. THE HIRER shall indemnify the Parochial Church Council (PCC), its officers and employees in respect of the cost of repair of any damage done to any part of the building or its contents during or as a result of a booking (including any loss of income by the PCC arising from the damage) and in respect of any liability to third parties or otherwise arising out of the use of the building pursuant to the booking and must provide proof of insurance to the Letting Officer.
3. THE HIRER must ensure that appropriate third party liability insurance exists for a minimum level of £2 million. The PCC accepts no liability for accidents, injuries, damage and/or loss of personal property as a consequence of using the building. THE HIRER may be asked to disclose their insurance cover to verify this.
4. In the event of the building being rendered unfit for use by THE HIRER, the PCC shall be under no liability for any resulting loss or damage whatsoever.
PAYMENT
5. Hire charges must be paid in advance. The PCC will invoice THE HIRER every months in respect of the following months.
6. Hire charges will be reviewed in September of each year and any changes will be applicable from 1 January in the following year. The PCC will provide THE HIRER with three months notice of any changes.
7. At the start of the agreement THE HIRER shall pay a deposit of £150.00. The deposit is returnable (without interest) at the conclusion of the hire period/ termination of the agreement, subject to deductions for any damage caused by the hirer and for the cost of any required cleaning.
8. In addition to para 7 above, THE HIRER shall be liable and invoiced (as appropriate) for the costs of any non-routine cleaning and/or repair of damage caused to the building arising as a result of the hire.
EXCEPTIONS TO REGULAR HIRE
9. The PCC reserves to itself the right to use the building whenever it deems necessary in which event the building or any relevant part or parts thereof may not be available to THE HIRER. As much notice of non-availability as reasonably possible will be given by the PCC to THE HIRER. The hire charge will be refunded for any loss of access arising from such events.
10. THE HIRER may relinquish their use of the premises for up to 12 weeks a year without loss of the benefit of this agreement. THE HIRER shall provide details of such dates to the PCC in writing at least two months in advance, following which the PCC shall be entitled to offer the premises for alternative hire on such dates and THE HIRER shall not be entitled to use any part of the building on the specified dates, hired under this agreement. Where due notice has been given THE HIRER shall not be charged for relinquished dates.
TERMINATION
11. This agreement may be terminated by either party on one week’s written notice expiring during the first three months of this agreement, or on one month’s written notice expiring after the end of that period.
12. The PCC may terminate this agreement at any time without notice in the event of a major breach or repeated minor breaches of this agreement. The PCC’s decision as to what constitutes a major or minor breach shall be final. In the event of termination under this clause the PCC shall refund to THE HIRER any hire fee applicable to dates of hire subsequent to the date of termination, subject to retention of the whole or any part thereof in respect of loss or damage caused to the building or any part thereof, or costs or expenses incurred by the PCC, in either case as a direct or indirect result of any breaches of this agreement by THE HIRER, and without prejudice to the indemnity contained in clause 2 of this agreement
LICENSING
13. THE HIRER shall be responsible for obtaining and maintaining any local authority or other licences necessary in connection with the booking and in particular music copyright licences from PRS for Music (PRS) for the performance of copyright music and from Phonographic Performance Ltd (PPL) for the playing of recorded music as appropriate.
14. THE HIRER shall be responsible for the observance of all regulations affecting the building imposed by the Licensing Justices, the Fire Authority, the Local Authority or otherwise.
15. Alcohol cannot be sold in the building. THE HIRER is not permitted to apply for occasional licences for the sale of intoxicating liquor in the building.
SAFETY
16. THE HIRER shall not sub-let or allow any other person(s) to use the premises nor shall they use the premises or common areas for any unlawful purpose or in any unlawful way or do or permit anything or bring or permit to be brought into the building anything which may endanger the building, its users, or any insurance policies relating thereto.
17. For events involving children, THE HIRER confirms that they are familiar with the Home Office code of practice ‘Safe from Harm’, and with the London Diocesan Child Protection Guidelines (attached). THE HIRER understands these policies and procedures and undertakes to follow their recommendations in relation to any work with children and young people. Children are not allowed in the kitchen.
18. THE HIRER shall during the period of hiring be responsible for supervision and security of the building, protection of the fabric and contents from damage and the behaviour of all persons using the building or having access to the building including proper supervision of car parking arrangements (if any) so as to avoid obstruction of the highway.
19. THE HIRER shall if preparing, serving or selling food observe all relevant food health and hygiene legislation and regulations
GENERAL USE
1. THE HIRER shall, if selling goods on the premises, comply with all relevant fair trading laws and any local code of practice issued in connection with such sales.
2. THE HIRER acknowledges that no tenancy is intended to be created between the PCC and THE HIRER and no relationship of landlord and tenant exists between them.
3. Where the HIRER is provided with keys to the building, these keys must be returned to the church Lettings Officer within seven days of the termination of the contract. The keys shall not be copied nor given or lent to any third party.
4. THE HIRER shall ensure that the Rules governing the use of the building are complied with.
5. The right is reserved for a representative of the PCC to enter any part of the building at any time.
RULES GOVERNING USE OF BUILDING
GENERAL
a. Oakleigh Community Church is a CHRISTIAN CHURCH and activities deemed inconsistent with the church’s values and beliefs are not allowed in the building. The HIRER must check with the church Lettings Officer whether an activity is appropriate. No acts of worship, other than Christian worship, are permitted in the building.
b. BOOKING TIMES must be adhered to and must include setting up and clearing up time. Prior permission for any extension must be obtained in writing and may be withheld at the PCC’s absolute discretion. THE HIRER books for the use of the premises and not the surrounding area. THE HIRER is responsible for the preservation of good order.
c. THE PCC reserves the right to refuse bookings without the need to give reasons. The PCC’s decision in this matter is final and not open to negotiation.
d. ALL ADVERTISING material must be submitted to the church Lettings Officer for approval. All such material must clearly display the name of the person or organisation responsible for the event.
e. EVENING USE. Where evening use has been allowed the building must be vacated by 10.30pm. No extensions beyond this time can be accepted.
f. NOISE/DISTURBANCE. THE HIRER is responsible for ensuring the avoidance of all unnecessary noise or disturbance likely to cause annoyance to occupants of surrounding properties during the period of hire and on departure. In particular, noise from the building should not be heard beyond the boundary fence between the building and immediately adjacent neighbours unless expressly agreed in advance with the church Lettings Officer.
CARE OF BUILDING
g. CARE OF THE BUILDING. THE HIRER is expected to take reasonable care of the building, fittings, equipment and furniture, and in particular is not permitted to put nails, adhesive tape, BluTack or similar or other fixings onto or into the walls, floor or ceiling.
h. DAMAGE. THE HIRER shall be liable to pay for all damage caused by accident or improper use either to the fabric or equipment. Any breakages within the building must be reported to the church Lettings Officer and will be charged and invoiced to The HIRER. Fire appliances must only be used in genuine cases of emergency.
i. THE HIRER shall not interfere in any way with the electrical equipment of the building. No equipment may be switched on or plugged in without prior written consent. Any equipment brought to the building for use shall be effectively earthed and fitted with a 3-pin 13-amp plug fused at not more than 13 amps or as specified for the equipment.
j. LOCKING UP. Where THE HIRER receives keys from the church Lettings Officer, they will be issued with instructions for locking the building. These instructions shall be followed at the end o f e a c h o c c a s i o n of the hire or at any time during an occasion of hire when the building is left unoccupied. All fire doors and windows must be closed, all doors locked and all lights switched off (including the church toilets, particularly the fully accessible toilet). THE HIRER may be held responsible for any additional energy costs, theft or damage to the building which may result from a failure to follow these instructions.
k. SMOKING is not allowed in any part of the building, including the toilets.
l. CLEANING UP. THE HIRER is responsible for leaving the premises in a clean and tidy state (including restoring any temporarily moved items to their original place) and for the removal of all rubbish from the building at the end of each occasion of hire (THE HIRER is not permitted to use the church bins).
ACCESS
m. NO ACCESS will be permitted to any part of the building other than the premises and the common areas.
n. PARKING. The HIRER may use the rear car parking area and subject to rule ‘f’ above. Oakleigh Community Church accepts no liability for vehicles parked in in the rear parking area.
o. ANIMALS. Only guide dogs are permitted inside the building.
p. STORAGE. The HIRER may not store any property on the premises.
SAFETY
q. FIRE EXTINGUISHERS. THE HIRER should familiarise themselves with fire regulations, appliances and exits. The Fire Brigade should be called out to any outbreak of fire, however slight, and the incident reported to the church Lettings Officer.
r. FIRE EXITS must not be obstructed at any time. The Fire door at the rear of the building should be kept unlocked when the building is occupied or may be secured by one lock only providing the key is left in the lock.
s. FIRST AID. A first aid box is located in the Kitchen on the wall
t. ACCIDENTS. Any incident involving personal injury must be recorded in the Accident Book adjacent to the First Aid Box. Serious injuries should be reported by THE HIRER to the church Lettings Officer or Vicar as soon as is feasible.
u. HIGHLY FLAMMABLE SUBSTANCES are not permitted in the building.
v. TELEPHONES. There are no public telephones in the building. THE HIRER must ensure that they have access to a mobile telephone in case of emergencies.