Hire Terms and Conditions
Hirer Terms and Conditions - Kent College
1 General
The rules and regulations, with regard to the use and occupation of facilities and accommodation at Kent College, are deemed to be embodied in and to form part of these conditions, and completion of this paperwork shall be deemed to be an acceptance of these conditions, and acceptance of the booking by Kent College on behalf of the governing body shall constitute a contract between Kent College and the hirer upon these conditions.
2 Permissions
The hours during which the premises may be occupied will be shown on the confirmation of booking and occupiers should ensure that no persons enter or remain on the premises outside these hours, ie. the premises must be entirely vacated including removal of all property by the finishing time indicated on the confirmation. If additional time is required for preparation or clearing away this must be requested in advance. The hirer must at all times comply with any instructions given by the Facilities Manager or his deputies. The hirer shall be held responsible for the preservation of order and the good behaviour of all persons attending or connected with the function at all times. The rules and regulations of Kent College from time to time in force for the better management and running of Kent College shall be observed at all times and shall be deemed to be incorporated herein.
3 Termination or Suspension
Kent College may close the accommodation for such period(s) as may be necessary from time to time for the carrying out for maintenance work or school functions. Whenever possible early notice will be given by Kent College, and no charge will be made for the period of closure. Kent College reserves the right for any reason it considers adequate to withdraw permission to occupy the accommodation on any particular date(s) or permanently. The withdrawal of such permission shall not entitle the hirer to make any claim whatsoever against Kent College, but any payment made to Kent College for the date(s) involved will be refunded unless the decision to terminate the letting is due to non-compliance with these conditions. No financial or other liability will be accepted by Kent College, if for any reason beyond its control, it is found necessary to cancel any activity arising out of the hiring and in particular, but without prejudice to the generality of the foregoing by reason of:
a) structural damage making building unusable, eg fire, explosion, flood etc b) failure of services eg gas, electricity, water drainage, ventilation etc c) industrial or disruptive action by Kent College employees eg pickets, interruption of supplies as a result of industrial dispute at Kent College or elsewhere.
4 Refusal of Permission
No occupation will be permitted, which, in the opinion of Kent College, is likely to create any disturbance, cause any inconvenience to the residents in the neighbourhood, interfere with any occupiers or other hirers or in any other way appear unsuitable to take place in the school premises.
5 Sub-letting
The hirer may not assign the benefit of the hiring nor permit the use of the accommodation to any other party.
6 Nature of Function
Applicants shall state the nature and object of the function proposed. Such statements shall be deemed to constitute a warranty on the part of the hirer that the actual use shall be fully consistent therewith. Kent College gives no warranty that the accommodation is or will be suitable for the proposed function.
7 Prohibited User
The use of Kent College accommodation for gambling and for political purposes is strictly forbidden. No bills or posters may be placed on the building or external or internal walls without the prior consent of Kent College. Other than the flags and emblems which are peculiar to scouts, guides, and similar youth organisations, no decorations, flags, or emblems are permitted without the prior consent. Under no circumstances should Kent College notices or students’ work be taken down from walls or notice boards.
8 Charges
A charge will be made for use of the accommodation in accordance with Kent College’s current tariff. This charge includes the cost of cleaning, heating and lighting and use of furniture. A further charge will be made for any extra cleaning required and any loss of equipment by damage or theft must be made good. Where applicable, VAT will be added to the invoice, which will be issued each Half Term. Failure to observe the terms and conditions of this contract may result in Kent College terminating this agreement without notice and charging an appropriate portion of the letting fee in compensation for loss of income.
9 Loss and Liability for Damage
Kent College accepts no responsibility whatsoever for the loss of or damage to the property of the hirer or any other persons using the accommodation. To the extent permitted by the UNFAIR CONTRACT TERMS ACT 1977, the hirer shall save Kent College harmless and keep it indemnified from and against all actions, claims, demands, costs, losses and expenses which may be brought or made against it or sustained or incurred by it howsoever arising directly or indirectly out of or in connection with the permission to use the accommodation in respect of any occurrence including: death or personal injury to any person; loss of or damage to any property of Kent College, the hirer or any other person; and shall not make any claim against Kent College in respect of any such matters. To this end a Hirer must arrange their own insurance and produce documentary evidence to the effect that a valid Public Liability policy is in place with a minimum indemnity limit of £5 million for any one event. The hirer shall accept the responsibility for and shall indemnify Kent College against all claims: a) For loss or damage (other than fire damage against the risk of which Kent College may be insured from time to time) to the premises and their contents occupied of used during the period of hire where such loss or damage is caused by or occurs as a result of any action taken by Kent College, its servants, contractors, agents or licensees or invitees. b) Made by or against the hirer or Kent College or the hirers own servants, contractors, agents, or licensees following cancellation or abandonment.
10 The accommodation stated on the booking form is the only part of Kent College premises to be used by the hirer and this agreement is for the hire of accommodation and does not create any interest in land.
11 Hirers are required to return Kent College premises and facilities in the same conditions that they were accepted, viz. premises must be returned clean and tidy and fit for immediate use by Kent College. The hirer undertakes that those areas occupied by them shall be in a clean and tidy condition at the end of the hire. The Hirer shall ensure that the facility has been vacated promptly at the agreed time so that it may be used by another party or be accessible to Kent College staff.
12 The hirer undertakes to employ sufficient persons to adequately supervise their event, and to take responsibility for the Health and Safety of persons using the facility. All electrical equipment brought on to Kent College from external parties is subject to our Portable Appliance Testing requirements.
13 We do not allow use of Kent College’s lighting equipment/ PA without training from a qualified member of staff from Kent College.
14 School minibuses are not insured or available for use by the hirer.
15 The surety in consideration of this agreement having been made at request hereby covenants with Kent College that the hirer will pay the sum due hereunder, and will perform and observe all the obligations herein contained, and that in case of default in such payment or in the performance or observance of such obligation the surety will pay and make good Kent College on demand all losses, damages, costs and expenses thereby arising or incurred by Kent College provided always and it is hereby agreed that any neglect or forbearance of Kent College in endeavouring to obtain payment of the sums due hereunder or to enforce performance of the several obligations and any time which may be given to the hirer by Kent College shall not release or exonerate, or in anyway, affect the liability of the surety under this covenant.
16 Refreshments
Alcoholic drinks shall be included in the refreshments at any function only with the prior consent of Kent College. In such cases no persons under the age of 18 may be admitted to the function and the hirer must have obtained from the local magistrates’ court any necessary occasional justices’ licence.
17 PLEASE ENSURE THAT ALL VEHICLES USE ONLY THE AUSTEN HOUSE CAR PARK FOR PARKING, DROP OFFS AND PICK UPS
This is to ensure that all areas of the site remain accessible to the emergency services, should their attendance be required and so that staff can move around the school in support vehicles.
18 Documentation
All documents should be sent to the School Office, or uploaded directly to BookingsPlus by the hirer.
For businesses, clubs and community groups, a copy of the organisation’s child protection and safeguarding policy should be provided, along with name and contact details for the hirer's DSL / Safeguarding Officer.
A fully completed 'External Hire Group Coordinators and Coaches' form with photographs of listed staff must be supplied in advance for us to issue External Lanyards.
Confirmation (in writing) that appropriate DBS checks are in place for all relevant adults.
Hirers are required to provide an in date Public Liability Insurance Certificate with a minimum cover of £5m.
A Risk Assessment for the hirer's specific activity on site must be supplied.
An up to date First Aid Certificate for at least one person on site at all times during the hirer's session(s) should also be provided.
By agreeing to these terms, hirers are also confirming that any of their staff/instructors who are working with vulnerable adults or children on site have appropriate DBS Certification in place.
19 Should the Hirer wish to make another booking, extend this booking or change their arrangements, a new booking request will need to be sent to the School Office, or submitted via BookingsPlus (https://kentcollegecanterbury.communitybookings.co.uk). In the event of the cancellation of a booking, please contact the School Office, via [email protected], at the earliest opportunity.