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Parties to these Terms of Hire are Helsby Community Sports Club (Operations) Limited (“HCSC”, “Us”) and the Customer (“You”), together referred to as the “Parties”.
These are the Terms of Hire on which any contract for the use of HCSC Facilities will be made between HCSC and the Customer. No other terms will be applicable. Any variation to the Terms of Hire will only be effective if made in writing and agreed by the HCSC Facility Manager.
A contract between HCSC and the Customer will only arise on Booking Confirmation issued by HCSC. There is no obligation on HCSC to accept any bookings requested via the Facility Booking Form.
The benefit of any contract between HCSC and the Customer is personal to the Customer and may not be transferred or sub-let.
Anyone using our facilities does so at their own risk. It is the hirer’s responsibility to undertake a risk assessment of their activities.
In accordance with the General Data Protection Regulations (GDPR), HCSC agrees to keep confidential all information about you and only share it with those members of staff and officials and volunteers who require it to carry out their role effectively. For email communications we will give you the opportunity to opt in to any such communications and will tell you how you can opt-out at any time.
Each of the Parties acknowledges and agrees that in entering into this agreement it does not rely on any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement.
Each of the Parties acknowledges and agrees that the only remedy available for breach of this agreement shall be for breach of contract under the terms of this agreement. Nothing herein shall, however, operate to limit or exclude any liability for fraud.
This agreement constitutes the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of this agreement.
If any term or condition herein is declared to be unenforceable or invalid, it shall be severed from the remaining provisions which will continue to be valid and enforceable.
No term of this agreement shall be enforceable under the Contract (Rights of Third Parties) Act 1999 by a third party.
This agreement is governed by and shall be construed in accordance with the laws of England. The Parties submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with this agreement.
Definitions
In these Terms of Hire:
1. The “Agreed Purpose” means the purpose for which the Facility will be used, as set out in the Booking Confirmation.
2. The “Agreed Time” means the date and times the Facility will be used, as set out in the Booking Confirmation.
3. The “Booking Confirmation” means a written notice issued by HCSC in response to a Facility Booking Form, the dispatch of which creates a contract between the Customer and HCSC.
4. The “Facility’ means the area or areas specified in the Booking Confirmation (and any additional or substitute area or areas which may subsequently be agreed on between HCSC and the Customer) which the Customer is to use at the Agreed Time for the Agreed Purpose.
5. The “Facility Booking Form” means the form lodged by the Customer with HCSC requesting use of the Facility, either online or via email.
6. The “Fees” means the fees agreed to be paid by the Customer for the use of the Facility and any related supplies of goods or services, all as shown or referred to in the Booking Confirmation.
7. A “Repeating Booking” is one where the same day of the week and time is requested for more than one week. A “Single Booking” is one where only a single date and time is requested.
Use of Facilities
Subject to these Terms of Hire, HCSC will on making of a contract grant the Customer, and all individuals or groups of individuals properly authorised by the Customer to use the Facilities at the Agreed Time for the Agreed Purpose. These Terms of Hire will not confer on the Customer exclusive possession of any part of the Facility, not create any sort of tenancy.
Customer's Undertakings
The Customer undertakes, for itself and for all persons authorised by it to use the Facility, as follows:
1. To pay the Fee (plus VAT at the rate applicable from time to time) to HCSC on receipt of invoice. Invoices for Single Bookings are issued on Booking Confirmation. Invoices for Repeating Bookings are issued monthly in advance no later than 14 calendar days before the start of the month or the first booking, whichever is the earliest.
2. To use the Facility only at the Agreed Time and for the Agreed Purpose.
3. To comply with such rules and regulations as HCSC may from time to time make and notify to the Customer and with all lawful and reasonable instructions of HCSC’s staff in respect of use of the Facility.
4. Not to make any alternation to the Facility or any part of it (including to fixtures and fittings and equipment) and not to place any advertising materials on any part of the Facility without HCSC’s prior permission.
5. Not to do anything which might be or might cause HCSC to be in breach of any statutory or other regulatory requirement affecting the Facility, which might damage the reputation of HCSC, or which might entitle an insurer to avoid any insurance from time to time maintained by HCSC.
6. To ensure that any event run by the Customer at the Facility is properly organised and supervised and controlled (with appropriate numbers of stewards and officials on site), that participants and spectators are restricted to those areas designated for their use, and that appropriate first aid facilities are provided.
7. Not to use the Facility in such a way as to cause nuisance, damage, disturbance, annoyance, inconvenience or interference to any other users or customers of HCSC or to owners, occupiers or users of any neighbouring property or access.
8. Not in any way to impede HCSC or its employees, sub-contractors or agents in the exercise of HCSC’s powers of management or rights to possession and control of the Facility.
9. To ensure that all persons authorised by the Customer to use the Facility are aware of these Terms of Hire and will do nothing that would put the Customer into breach of any of them.
10. To indemnify HCSC and keep HCSC indemnified against all losses, claims, demands, actions, proceedings, damages, costs or expenses or other liabilities arising in any way from the acts or omissions of the Customer or persons authorised by them in using or not using the Facility or their presence at HCSC, and any breach of any of the Customer’s undertakings in these Terms of Hire.
11. To comply with ‘Conduct on Site While Using Our Facilities’ as communicated to the Customer as part of the Booking Confirmation, and as communicated to the Customer by HCSC from time to time.
12. If the Customer is an organisation and will authorise individuals to use the Facility under its supervision, who have paid any form of fee to the Customer whether directly or indirectly for the booking, to arrange and provide evidence of to HCSC appropriate public liability insurance and to supply a completed Risk Assessment.
HCSC's Undertakings
HCSC will take all reasonable steps to ensure that:
1. The Facility and HCSC complies with all statutory and regulatory requirements.
2. The Facility will be reasonably safe for the Agreed Purpose.
3. HCSC’s staff and sub-contractors and agents will take reasonable care in providing the services agreed to be provided under these Terms of Hire.
HCSC reserves the right to refuse admission to and to remove or cause to be removed from the Facility or HCSC at any time any person (including persons authorised by the Customer be there) whose behaviour at or use of the Facility or HCSC would, if they were the Customer, put them in breach of any of the Customer’s obligations under these Terms of Hire.
HCSC's Liability
1. Nothing in these Terms of Hire excludes or limits any liability of the Customer for fraudulent misrepresentation or for death or personal injury caused by the negligence of the Customer, it’s employees, sub-contractors or agents.
2. All warranties, conditions and other items implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
3. Subject to clause (1) and (2) above:
a. HCSC’s total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and
b. HCSC shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
4. HCSC shall not be liable to the Customer and shall be released from the obligation to perform its obligations under these Terms of Hire if performance is made impossible or substantially hindered by reasons outside HCSC’s control including but not limited to war, threat of war, riot, civil disobedience, pandemics, government action, terrorism, natural or industrial disaster, fire, adverse weather, floods or threat of flooding.
Cancellation or Amendment by Customer
1. A notice of cancellation, once given by the Customer, is irrevocable.
2. If the Customer gives 28 or more calendar days’ notice to cancel or amend a booking, HCSC will refund in full any payment made by the Customer.
3. If the Customer gives less than 28 calendar days’ notice to cancel or amend a booking, but 7 calendar days' or more notice, whether in the Customer’s control or not, HCSC will not refund any payment made by the Customer, save that where a replacement booking is secured for some or all of the period foregone by the Customer, a refund shall be offered for the difference between the Fees agreed by the Customer and the Fees to be paid by the new hirer.
4. If the Customer gives less than 7 calendar days’ notice to cancel or amend a booking, whether in the Customer’s control or not, HCSC will not refund any payment made by the Customer.
Termination by HCSC
HCSC may terminate the contract and cancel a booking if:
1. The Customer fails to pay any sum due to HCSC on the due date for payment.
2. The Customer is in breach of any of its obligations to HCSC (whether under this contract or any other contract).
3. The Customer is, in HCSC’s opinion, insolvent.
In any such event, HCSC will not reimburse any payment made by the Customer.
Further, HCSC may amend or cancel any part of a Repeating Booking where the notice provided is greater than 14 calendar days. In this event, HCSC will reimburse any payment made by the Customer for any reduction in booking on an appropriate pro-rata basis.
