LEICESTER FOREST EAST COMMUNITY LIBRARY

TERMS AND CONDITIONS OF ROOM HIRE

This agreement constituting the Room Hire Booking Form, these Terms and Conditions and the Health and Safety information is made between the Hirer and the Leicester Forest East Community Library. The parties agree that the hiring will be carried out in accordance with this Agreement.

1. Definitions and Interpretation

1.1 The LFECL means Leicester Forest East Community Library, 76 Rushmere Walk, Leicester Forest East, Leicester, LE3 3PD.

1.2 The Hirer – means the person or organisation as set out on the Room Hire Booking Form.

1.3 The Premises – means the room specified in the Room Hire Booking Form.

1.4 Total Amount Due – means the total amount that the Hirer is required to pay to the LFECL as set out on the Room Hire Booking Form.

2. Booking

2.1 The Hirer may submit his/her Room Hire Booking Form electronically, however the Hirer’s booking will only be accepted upon receipt of a signed Room Hire Booking Form and confirmed upon payment of the Total Amount Due.

3. Use of Premises

3.1 The Hirer shall not use the Premises for any purpose other than that described on the Room Hire Booking Form and shall not sub-hire or use the Premises or allow the Premises to be used for any unlawful purpose or in any unlawful way, nor do anything or bring onto the Premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol on the Premises without prior written permission of the LFECL.

4. Licences

4.1 The Hirer shall be responsible for obtaining any licences and for completing any returns that may be required by the Performing Rights Society, Phonographic Performance Limited, The Copyright Licensing Agency Limited and all other similar bodies in connection with the hiring and the Hirer shall indemnify the LFECL against the consequences of the Hirer’s failure to do so.

5. Gaming. Betting and Lotteries

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

6. Public Safety Compliance

6.1 The Hirer shall comply with all conditions and regulations made in respect of the Premises by the Fire Authority, Local Authority, the Local Magistrate’s Court or otherwise, particularly in connection with any event which includes public dancing or music or similar public entertainment or stage plays.

7. Electrical appliance Safety

7.1 The Hirer shall ensure that any electrical appliances brought by him to the Premises and used there shall be safe and in good working order, used in a safe manner and have been tested in accordance with current safety testing requirements.

8. Alterations

8.1 The Hirer must not make any alterations to the Premises without the LFECL’s prior written consent.

9. Food and Drink

9.1 The Hirer shall not allow food and drink to be consumed within the premises without the prior agreement of the Trustees.

9.2 The Hirer shall, if serving or selling food observe all relevant Food and Hygiene legislation and regulations.

9.2 If the Hirer wishes to use caterers on the Premises during the event the Hirer must ensure that the caterers comply with all Health and Hygiene legislations and regulations.

10. Animals

10.1 The Hirer shall ensure that no animals (including birds) except guide dogs are brought onto the Premises other than with the prior written consent of the LFECL.

11. General Regulations

11.1 The Hirer shall ensure that the following conditions are adhered to in full:-

11.1.1 No preparation may be applied to the floors

11.1.2 No interference with any equipment, books or any other materials

11.1.3 No interference with the heating system

12. Nuisance

12.1 The Hirer shall not do or allow anyone attending their hiring to do anything on the Premise which is or may become a nuisance to the LFECL or other hirers or to be occupiers of adjoining or neighbouring premises. The Hirer shall be responsible for requiring any person causing a nuisance to leave the premises. It is the Hirer’s responsibility to ensure that the minimum of noise is made on arrival and departure.

13. Children

13.1 The Hirer shall ensure that where a hiring involves activities aimed predominantly at children, and/or the activity is positively supported by the school for the attendance of children, they have appropriate child protection policies and procedures in place and that they themselves and those persons likely to have contact with children have been subject to the enhanced Criminal Record Bureau checks.

13.2 Where the Hirer wishes to use the Premises for a purpose which involves a regulated activity as described by the Safeguarding of Vulnerable groups Act 2006 the LFECL will require the Hirer to provide evidence that the necessary CRB or any other appropriate checks have been carried out on all persons. The LFECL reserves the right to review child protection policies and procedures and to impose any additional requirements that they consider appropriate in connection with the hiring. If for any reason the LFECL are not satisfied then they reserve the right to cancel any hiring and there shall be no liability to Hirer other than to refund any of the Total Amount Due (including any deposit paid).

14. Sale of Goods

14.1 The Hirer must not use the Premises for any auction sale, trade, business or manufacture without the written agreement of the LFECL or for any illegal or immoral act or purpose and the LFECL reserves the right to cancel with immediate effect any hiring where such use is taking or is intended to take place without refund of the Total Amount Due paid (including any deposit paid).

15. Unfit for Use

15.1 The LFECL may cancel any hiring if the premises are rendered unfit or become unavailable due to unforeseen circumstances or are required for School/Education Curriculum purposes or are required for use as a Polling Station for a Parliamentary or Local Government election or by-election and there shall be no liability to the Hirer other than to refund any Total Amount Due (including any deposit paid) for the cancelled hiring.

16. Refusal of Booking

16.1 The Premises shall not be hired to any organisation which incited to violence or have racist aims including:

The National Front

The New National Front

British National Party

English Democratic Party

16.2 The LFECL may cancel any hiring if in its opinion the hiring organisation for which the Premises are hired has racist policies, regardless of the stated reason for hiring the building. In such event the LFECL shall incur no liability to the Hirer whatsoever, other than the return of any of the Total Amount Due that has been paid by him in respect of such cancelled hiring.

17. End of Hire

17.1 The Hirer shall ensure that the Premises are vacated at the time specified on the Room Hire Booking Form under ‘Finish time of event’ and no later than 10pm. In the event that the Hirer and his party have not vacated the Premises by the time stated the LFECL shall at its discretion make an additional charge.

17.2 The Hirer shall be responsible for leaving the Premise and surrounding area in a clean and tidy condition and any contents temporarily removed from their usual positions properly replaced. If this condition is not complied with the LFECL shall at its discretion make an additional charge.

18. Payment and Total Amount Due

18.1 The details of the Total Amount Due are set out on the Room Hire Booking Form.

18.2 The Hirer will pay all hire charges in advance of the letting.

18.3 The Hirer shall pay the Total Amount Due. The preferred method of payment is via bank transfer or cheque. Cheques should be made payable to Leicester Forest East Community Library or you may pay by bank transfer via Co-op Bank, account number 67254909, sort code 08-92-99.

18.4 If payment is not made in accordance with this clause, 18.3, or if any other terms of this Agreement are not complied with then the LFECL reserves the right to cancel the booking. Any amount paid by the Hirer will not be refunded.

19. Insurance

19.1 During the period of hiring, the Hirer shall be responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify the LFECL from and against any expense, liability, loss, claim or proceedings including claims for personal injury to, or the death of any person whatsoever arising out of the course of or caused as a result of the hiring, except where due to the negligence of the LFECL or their respective servants or agents.

19.2 The Hirer is required to have adequate Public Liability Insurance in place for the use of the Premises and to produce the evident at the time of booking. The level of Indemnity of the Public Liability Insurance must be no less than £5,000,000 for each and every claim. If the Hirer has not adequate Public Liability Insurance an additional charge of 10% of the Total Amount Due, plus 6% Insurance Premium Tax or a charge of £5 plus 6% Insurance Premium Tax, whichever is the greater will be incurred.

20. Cancellation

20.1 The Hirer must give the LFECL at least one month’s notice of his/her wish to cancel the booking. If such notice is given to the LFECL the Total Amount Due shall be refunded to the Hirer.

20.2 If the booking is made less than one month prior to the date that the Premises are required and the Hirer cancels the booking the LFECL will not be liable to refund any monies to the Hirer.

21. Health & Safety

21.1 The Hirer acknowledges that he has been provided with a copy of the risk assessment for the Premises. If the Hirer for any reason considers that the risk assessment document requires any amendment to reflect the Hirers proposed use of the Premises the Hirer must make the LFECL aware and provide the LFECL details in writing of the necessary amendments.

21.2 The Hirer agrees to comply with the terms set out in the Health and Safety Information document.

21.3 The Hirer acknowledges that he is familiar with the following:

a) Fire alarm points.

b) Fire evacuation procedures, routes, refuge point and assembly point.

c) Location of telephone.

d) Location of first aid kit.

e) Location of the accident reporting book.

21.4 In accordance with the Premises’ fire evacuation plan the Hirer is required to:

a) Keep a register of people in the Premises and people who leave the Premises early.

b) Familiarise all participants with the position of a telephone, fire alarm points, fire evacuation routes, fire refuge points and fire assembly point.

c) Ensure that all necessary arrangements have been made to evacuate wheelchair bound participants from the building or to the fire refuge point.

d) Comply with the internal reporting procedures of the Premises which the LFECL will inform the Hirer of on the date of hiring.

21.5 The Hirer is advised to carry out a practice evacuation of the Premises to highlight any points for concern.

22. Data Protection

22.1 Personal data supplied on the Room Hire Booking Form will be held on computer and will be used in accordance with the Data Protection Act 1998 for statistical analysis, management, planning and in the provision of services by the LFECL and its partners. This will include passing your information to an organisation commissioned to carry out delivery or installation of campaign units. The Hirer’s data will not be used for any marketing purposes.

23. General Terms

23.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provision of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

23.2 No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

23.3 This Agreement will be governed by and interpreted in accordance with the laws of England and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.