Terms and Conditions | St Philips Scholes

Premises Hire Terms and Conditions

St Philips Church, Scholes

Introduction

We ask that you read these Terms & Conditions of Hire very carefully to ensure that you understand them before making your booking. No booking application can be accepted without the Hirer indicating their acceptance of our Terms & Conditions. Failure to adhere to these Terms & Conditions may not only result in a Hirer losing their deposit, they may also lose their Bond, as well as the immediate cancellation of their scheduled booking(s).

These Terms & Conditions apply to all bookings as of 4 July 2020, until further notice. St. Philip’s Parochial Church Council reserves the right to change these Terms & Conditions and Schedule of Hire Charges at any time at their discretion. In the event of a dispute arising regarding a booking/hire, the decision of St. Philip’s Parochial Church Council will be final and binding.

Definitions

In these Conditions:

"the PCC" shall mean St. Philip’s Parochial Church Council;
"the Hirer" shall, unless the context otherwise dictates, mean both the Hirer of the Premises and any responsible person authorised by the Hirer to act on their behalf who must be conversant with these hiring conditions
"the Premises" means the room or rooms which the Hirer has contracted to hire from the PCC including all fixtures and fittings; kitchens and toilets and all the outside grounds;
“one-off booking” means the use of the Premises for one specific period only as set-out in the Booking Form;
“regular booking” means use of the Premises on a periodic basis (e.g. every week) as set out in the Booking Form. To be considered as a regular booking the Hirer will book a minimum of 6 consecutive daily/weekly/fortnightly hires over a 3 month period.
“COVID-19” shall mean coronavirus (COVID-19) disease and pandemic.

Bookings

The Hirer shall be deemed to have warranted to the PCC that they make the contract on their own behalf and or with the authority of the association, organisation, club or such other body to which they belong or is employed by.
Bookings can only be accepted from persons aged 21 years or older.
The Hirer must provide the PCC at the time of booking, evidence and assurance that they have conducted a risk assessment for their event and that they meet all the requirements of any COVID‑19 guidance in force from the UK Government and the Church of England related to their event and activities. Current guidance can be found at https://www.gov.uk/coronavirus and https://www.churchofengland.org/more/media-centre/coronavirus-covid-19-guidance-churches
Regular bookings must be renewed every 3 months and a new booking form submitted
The PCC reserves the right to refuse a booking to any person or organisation it deems unsuitable
When booking, please ensure you have allowed sufficient time for preparation and clearing up and that is reflected in the total period of hire required.

Rates, Deposits and Bond

All bookings will be charged at the rate as published on our website (www.stphilips-scholes.org) at the time of your booking.
For a one-off booking, the Hirer must pay a deposit of 50% of the total cost. The balance is to be paid a minimum of 7 days prior to event. If the balance is not received within the required timescale, the event will be treated as cancelled and the deposit forfeited.
In addition to the agreed hire charge, a Security Bond will be required at the time of booking. This Bond is held against any potential damage or loss incurred to the Premises and/or contents by the Hirer or Persons associated with the activity/event. The PCC reserves the right to increase the amount of the Bond at their discretion. The Bond will normally be repaid in full within 14 Days after the event unless damage, loss has occurred or extra cleaning is deemed necessary.
For a regular booking, an invoice will be issued on a monthly basis to the Hirer unless otherwise agreed. Payments are to be made within 14 days of invoice date. Payment by cheque payable to ‘St. Philip’s Church, Scholes’ or by bank transfer with prior arrangement.
Any extra booking made by a Hirer that is directly related to an existing current regular booking will be charged at the rates applicable at the time of the extra booking.

Cancellations

For cancellations by the Hirer:
- At least 7 days before the event: No charge.
- 7-2 days before the event: 50% of the total hire fee.
- Less than 2 days before the event: 100% of the hire fee
The PCC at its sole discretion, reserves the right to cancel any scheduled booking at any time without penalty.
- Any cancellation by the PCC will result in a refund in full to the Hirer. Please note that any refund will be at the rate in force at the time of the booking.
- For regular bookings, the PCC will endeavour to give a minimum of one month’s written notice period if at all possible, but this may not be practicable in the event of a national or localised COVID-19 lockdown; and/or changes to guidance on the safe use of buildings and premises as required by government or the Church of England; and/or temporary closure of any part of the Premises owing to someone with suspected COVID-19 having entered the Premises.
The PCC will use its best endeavours to make the Premises available to the Hirer but shall not be liable for any loss (whether direct, indirect or consequential) resulting from its failure to make the Premises or any part of the Premises available where such failure arises by reason of any circumstances beyond the PCC’s control that without limiting the generality of the foregoing shall include the enactment of national or localised COVID-19 lockdowns; changes to guidance on the safe use of buildings and premises as required by government or the Church of England; temporary closure of any part of the Premises owing to someone with suspected COVID-19 having entered the Premises; breakdown of the PCC’s equipment, the Premises being required by the PCC for church services or church events or the Premises becoming unfit for the use intended by the Hirer, etc., The PCC shall, at its sole discretion, refund to the Hirer the charge already paid in whole or part.
The PCC cannot be held liable for any costs incurred by the Hirer should a scheduled booking be cancelled, whether it is cancelled by the Hirer, or by the PCC.

Penalties

The Hirer shall be liable for any loss or damage however caused to either the Premises or the fixtures and fittings.
The cost of any repair/replacement for any loss or damage to any part of the Premises and its contents will be deducted from the Bond. Should the costs exceed the total of the Bond paid, the Hirer will be liable to reimburse the PCC the full cost of the repair/replacement.
If the Hirer fails to follow guidance for cleaning the Premises as required by the PCC and/or fails to remove their rubbish this will result in an automatic loss of the Bond as well as the additional cost of any excessive cleaning and ground restoration will be charged to the Hirer.
Catering facilities in any part of the premises including any crockery, cutlery, utensils, consumables and the dishwasher are not to be used under any circumstances. Failure to comply with this will result in an automatic loss of the Bond.
Children’s toys belonging to St Philip’s Church and stored on the Premises are not to be used by the Hirer or anyone in their party. Failure to comply with this will result in an automatic loss of the Bond.
Improper use of the fire extinguishers will result in an automatic loss of the Bond.
If any member of the Hirers group or party urinate or defecate in any part of the outside grounds, this will result in the automatic loss of the bond.

Safeguarding

The Hirer is aware of and accepts their responsibility during the period of hire for protecting and safeguarding any children, young people and adults in their group/party from physical, emotional, spiritual, financial and sexual abuse and from neglect and to report any such abuse to the Parish Safeguarding Officer that they discover or suspect.
If the Hirer is acting on behalf of an association, organisation, club or such other body then they must agree to abide by appropriate safeguarding procedures and sign and return a declaration to this effect that will be sent to the Hirer by the PCC.

Responsibilities of the Hirer in Relation to Preventing the Transmission of COVID-19.

The Hirer will observe and comply with all rules and regulations made by the PCC from time to time relating to the use of the Premises provided such rules and regulations have first been brought to their attention.
The Hirer is responsible for ensuring that they and all the members of their group or party abide by all government guidance aimed at preventing the transmission of COVID-19 (details of which can be accessed via https://www.gov.uk/coronavirus).
The Hirer will ensure that they and all members of their party and group follow all directions provided by the PCC and any designated representative of the PCC and set out in the signage within the premises.
The Hirer will immediately notify the PCC if they become aware of any member of their party or group who develops symptoms or tests positive for COVID-19 in the seven days following any period of hire.
The Hirer must advise all members of their party or group that if they believe they may have been infected with COVID-19, or they have symptoms that may indicate they have COVID -19 or they are awaiting the results of a COVID-19 test that they must not attend the event.
The Hirer is advised, in line with government advice, to keep an accurate temporary record of contact details of members of their group or party members for 21 days, to assist NHS Test and Trace with requests for that data if needed for contact tracing and the investigation of local outbreaks. The Hirer is responsible for ensuring this information is collected and stored in compliance with current data protection legislation.
The Hirer will ensure that that the number of people in their group or party using the Premises does not exceed the maximum number of people and/or households who are able to meet together in an indoor or outdoor space according to current government guidance and as notified by the PCC.
The Hirer must ensure that all members of their group or party adhere to current guidance on social distancing as advised by the government and/or required by the PCC.
The Hirer can only use toilet facilities on the premises with the permission of the PCC, and then only if absolutely necessary.
The Hirer must ensure that no member of their group or party urinates or defecates in any part of the outside grounds.
The Hirer must ensure that all members of their group or party on entering or leaving the Premises wash their hands thoroughly for at least 20 seconds using soap and water or use hand sanitiser if hand washing facilities are not available.
The Hirer must ensure that members of their group or party follow any COVID-19 guidance and/or signage on accessing buildings including and not limited to: the number of people who can access the buildings in total and any specific restrictions on areas such as toilets; avoiding congestion in any entrances, hallways or corridors; avoiding queuing for toilet facilities, and the use of face coverings.
The Hirer is responsible for ensuring that at the end of the period of hire the Premises have been cleaned according to the latest guidance on cleaning and decontamination that will be supplied to the Hirer by the PCC.

Other Responsibilities of the Hirer

The Hirer will be present throughout the period of hire and responsible for the good order and care of the Premises and the behaviour of all persons in their group or party.
The Hirer will not enter the Premises prior to the commencement of the period of hire except for the purpose referred to in 6 below. The Hirer and all other persons shall vacate the Premises on or before the end of the period of hire, so as not to interfere with the needs of other users
The Hirer is responsible for ensuring that any privately owned electrical appliance or equipment brought onto the Premises by them or by any person in their group or party is safe and suitable for its intended use and that any such electrical appliance or equipment which is not privately owned has been properly PAT tested and is labelled accordingly and will also ensure that any such appliance or equipment is used in a safe manner.
The Hirer is responsible for reporting any damage to the Premises or damage to or breakage of the equipment, furnishings or other contents which may be apparent at the start of the period of hire or which may arise during the period of hire to the PCC as soon as possible after use.
The Hirer is responsible for reporting any defect in the fabric of the Premises or in its furnishings and equipment which has caused or might cause injury or damage to users of the Premises or their property to the PCC.
The Hirer is responsible for the Health and Safety of all those attending the event. In particular, the Hirer shall:
- Ensure that, prior to use, they will familiarise themselves with the layout of the Premises, the fire safety features (particularly the position of the fire exits, exit routes and fire extinguishers) and fire evacuation procedure.
- Take all necessary precautions to minimise the risk of fire breaking out on the Premises and accepts responsibility for compliance with the fire safety procedures referred to in the notices and signage displayed in the Premises
- Ensure that all those attending the event are aware of the fire evacuation procedures at the start of the event.
- In the absence of any qualified first aider, the Hirer will take charge of any accident situation ensuring, if appropriate, that the emergency services are summoned as quickly as possible or that the injured person(s) is/are taken to the nearest hospital accident and emergency department. The Hirer should at all times endeavour to have in their possession a mobile phone for use in an emergency and, in addition to contacting the emergency services, should also inform one of the Churchwardens.
- The Hirer is responsible for recording any accidents or incidents occurring in or about the Premises which caused or might have caused personal injury in the Accident Book held on the Premises.
The Hirer is responsible for ensuring that the Premises are not used in a manner which might damage or impair the reputation of St. Philip’s Church, or its members or which may be unlawful.
The Hirer is responsible for ensuring that the Premises will not be used in a manner which might disturb, annoy or cause a nuisance to other users of the Premises or to the occupiers of neighbouring houses or which might invalidate or adversely affect any of St. Philip’s Church’s insurance policies (whether on the Hall or on the Church and their contents or in respect of public liability or otherwise).
The Hirer is responsible for ensuring that at the end of the period of hire the Premises are left in a secure, clean and tidy condition. Any spillages should be cleared up immediately and all items brought in by the Hirer must be removed including ALL rubbish.
The Hirer will be responsible for returning the keys to the Churchwarden immediately after the end of the hire period unless otherwise agreed with the PCC.

Catering Facilities

None of the catering facilities in any part of the Premises are to be used by the Hirer or any member of their group or party for any reason whatsoever.

General

The PCC is following government and Church of England guidance to ensure the health and safety of everyone using St Philip’s Church Premises. However, there is a known inherent risk of exposure to COVID-19 in any public place where people gather together. By using the Premises, the Hirer and members of their group or party voluntarily assume all risks related to exposure to COVID-19.
The PCC shall not be liable for:
- any damage or loss (howsoever caused) to any property brought onto the Premises that belongs to or is under the control of the Hirer or any persons in their group or party. You are advised to arrange your own insurance;
- the safety and security of all property brought onto the Premises by the Hirer and all persons in their group or party;
- any injury (except that caused by the negligence of the PCC) to the Hirer or any other person or persons using the Premises.
All children’s toys in the Premises are for the sole use of Church groups and are not to be used by the Hirer or anyone in their party.
The use of fireworks or any other similar pyrotechnic effects, smoke or fog machines, bubble machines, glitter or confetti cannons, or any other similar effects are not permitted on the Premises, without prior permission.
The Hirer must seek permission from PCC at the time of submitting a booking application if they wish to bring bouncy castles and other play equipment, BBQ’s, DJ setups, or any other equipment onto the Premises for use during the scheduled booking.
No animals, other than guide dogs, are permitted within any part of the Premises, without prior permission. No animals whatsoever are to enter the Hall kitchen or Church kitchen or Servery at any time
No items are to be fixed to the walls under any circumstances.
The Hirer must limit noise after 11pm.
These are not licenced Premises for regulated entertainment or for the sale of alcohol. However, subject to permission from the PCC, the Hirer will be able to give a performance of live music, play recorded music, or exhibit a film but only in accordance with the Deregulation Act 2015, and with the following additional conditions:
- The Hirer is responsible for ensuring that screenings of films abide by age classification ratings.
- The Hirer agrees that, if regulated entertainment outside of the Deregulation Act 2015 is to be held, the Hirer shall obtain a Temporary Event Notice (TEN) from Leeds City Council for which a separate charge is made.
- The Hirer obtains written permission from the PCC to sell alcohol at the hiring and to give notice of a Temporary Event Notice (TEN) to the licensing authority.
- Failure by the Hirer to comply with the above will result in a cancellation of the hiring without compensation.
Alcohol can be brought by the Hirer and served (free of charge) to members of their group or party (18+) with the PCC’s written prior permission. Where permission is given, alcohol must only be consumed in moderation and not served to minors.
Nothing shall be done on or in relation to the Premises in contravention of current law relating to betting, gaming and lotteries (including raffles, tombolas, and sweepstakes). Those responsible for functions held in the Premises must ensure that the requirements of relevant legislation are strictly observed.
The entire Premises and grounds are a No Smoking Zone. Smoking and the use of vapour cigarettes/e-cigarettes are not allowed in or on any part of the Premises at any time. Individuals must not smoke in front of the Church or Hall doors.
The Hirer will permit the Churchwardens and any person authorised by them to enter the Premises during the period of hire to view the Premises and ensure that these Conditions are being complied with.
The Hirer and other members of their group or party using the Church car park will:
- share the car park with other Church and Village Hall users;
- use the car park at their own risk; and
- must exercise the utmost care for the safety of pedestrians and other users whilst parking and entering and leaving the car park.
- St. Philip’s Church accepts no responsibility for the safety of cars or other vehicles parked in this car park or of any property left inside them.

Please note: The PCC of St. Philips, Scholes is a data controller. This means we need to collect your personal data so we can process room hire bookings. A full copy of our privacy notice is on the St. Phillip’s Church website

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