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Marches Academy Trust

Venue Hire Terms and Conditions

Terms and Conditions

The following terms and conditions must be adhered to in the hiring of school premises.  Any breach of these terms will result in the cancellation of future hires without refund.

1.           “Hirer” means the person or entity identified in the relevant hire request form.

2.           The hirer shall pay full amount as stipulated by the school and shall not be entitled to set off any amount owing to the school against any liability.  Whether past or future, of the school to the hirer.

3.           The hirer shall occupy the part(s) of the premises agreed upon as non-exclusive hirer and no relationship of landlord and tenant is created between the hirer and the school by this agreement.

4.           The hirer shall not sub-let any of the premises under the agreement.

5.           The hirer shall not use the premises for any purpose other than that agreed upon in the agreement, as set out in the hire request form.

6.           Any additional uses of the premises not agreed in writing by the school will result in the immediate termination of the hire agreement.

7.           The school shall retain control, possession and management of the premises and the hirer has no right to exclude the school from the premises.

8.           The hirer shall be responsible for all matters relating to health and safety and shall be responsible for those in attendance during the specified time. This includes and is not exclusive to COVID-19 protective measures in line with the latest government and local government guidance.

9.           The hirer must take out its own public liability insurance with a reputable insurer approved by the school and when requested by the school, shall provide a copy of the relevant insurance certificate no less than 10 days before the start date of the agreement.

10.        The hirer shall not conduct, nor permit or suffer any other person to conduct, any illegal or immoral act on the premises, nor any act that may invalidate any insurance policy taken out by the school in relation to the premises.

11.        The hirer shall indemnify and keep indemnified the school from and against:

  • Any damage to the premises or school equipment.
  • Any claim by any third party against the school; and
  • All losses, claims, demands, fines, expenses, costs (including legal costs) and liabilities, arising directly or indirectly out of any breach by the hirer of the agreement or any act or omission of the hirer or any person allowed by the hirer to the enter the premises.

12.        Save that nothing in the agreement shall exclude or limit either party’s liability for personal injury or death arising from the negligence of either party or any other liability that cannot be excluded by law, the school shall not be responsible for any losses of a direct or indirect nature, and its maximum liability to the hirer shall not exceed the total fees paid or to be paid or to be paid to the school by the hirer under the agreement.

13.        Any cancellations by the school made with at least 7 days’ notice or in the case of cancellations in relation to COVID-19 will be refunded.

14.        Any cancellations by the hirer received less than 7 days’ notice will not be refunded.  There will be no charge for any cancellations in relation to COVID-19.

15.        The hirer will read the emergency evacuation procedures and be ready to follow them in the event of a fire or similar emergency.

16.        The hirer will leave the premises in the condition it was found in, leaving the area clean and tidy and not leaving any of their own equipment behind unless by prior arrangement.  The school will not be liable for any damage to equipment stored on its premises, equipment stored on site is entirely at the hirers risk.

17.        The hirer will be responsible for cleaning their own equipment brought on to the premises under the COVID-19 guidance, as well as cleaning the premises after use.

18.        The hirer shall not display any advertisement, signage, banners, posters or other such notices on the premises without prior written agreement from the school.

19.        If the hirer breaches any of the terms and conditions the school reserves the right to terminate the agreement and retain any fees already paid to the school, without affecting any other right or remedy available to the school under the agreement or otherwise.

20.        The hirer shall observe the maximum capacity rules of the part(s)of the premises being hired and not allow this to be breached.

21.        The hirer will acquire all appropriate licences for any activities running, including those required for use of any third-party intellectual property.

22.        The hirer must seek prior approval from the Operations Manager prior to any alcohol or intoxicating substances being brought onto school premises including school grounds. 

23.        The hirer is responsible for carrying out any risk assessments of the premises relating to the activities they are running. This includes a risk assessment for COVID-19.

24.        Smoking is not permitted on any of the school premises.  This includes all of the school’s grounds.

25.        The hirer shall comply with all applicable laws and regulations relating to its use of the premises.

26.        The hirer shall indemnify the Board of Trustees against all sums of money which the school may have to pay by reason of an infringement of copyright or performing right occurring during the period of the letting covered by this agreement.

27.        The hirer and the individuals participating are responsible for adhering to the latest government and local government guidelines on COVID-19 and social distancing at all times.

28.        The school’s premises hire policy, the relevant hire request form submitted by the hirer and the relevant hire confirmation letter issued by the school shall apply to and are incorporated in the agreement.

29.        This agreement shall be governed, construed and interpreted in accordance with the laws of England and Wales.

30.        The school and the hirer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from this agreement.

Safeguarding

The school is dedicated to ensuring the safeguarding of its students at all times.

It is the responsibility of the hirers to ensure that safeguarding measures are in place while hiring out the space.

If there is a chance that those hiring the premises will come onto contact with students, for example, if the hire occurs during school hours or when students may be present in the school (during after school clubs or extra-curricular activities), we will ask for confirmation that the hirers have had the appropriate level DBS check.  Please see appendix 3 for further safeguarding advice.

 Cancellations

We reserve the right to cancel any agreed hiring without notice for any letting for which payment has not been received.  This may be for a single event or, for multiple lettings, the first in the series for which payment has not been received.

For all other cancellations the school will endeavour to provide a minimum of 7 days’ notice. However, in the event of forced cancellations due to Coronavirus restrictions or other emergencies, the school may have to cancel the hire with less notice.  In such circumstances the school will notify the hirer immediately via telephone call or email.

A full refund will be issued if we do cancel a hire.  The school shall not be liable for any indirect or consequential losses, including (without limitation) any loss of profits, loss of business or the loss of any revenue arising out of the cancellation of the hire.

The hirer of the premises can cancel any hire with a minimum of 7 days’ notice.  Cancellations made less than 7 days before the event date at the schools’ discretion may be charged in fill. However, if a hirer is forced to cancel due to Coronavirus restrictions i.e. local lockdown or suspected/confirmed case among the hiring group then the school will waive the charge of the hire.

Whilst every reasonable effort will be made by the school to abide by the cancellation timetable detailed above, in extenuating circumstances such as COVID-19 restrictions issued by local or national government then it may necessitate cancellation notices being issued immediately.  Under such circumstances the hire charges for the school will be cancelled in full or refunded if paid in advance.