Hire Terms and Conditions

Effective 01st September 2023

Durrington High Leisure as part of the Durrington Multi Academy Trust (DMAT) is committed to the safeguarding and promotion of welfare of all children, young people and vulnerable adults. All staff, volunteers and hirers are expected to share this commitment.

GENERAL

This policy aims to clarify the procedure for persons hiring part of the school building so that all agreements are entered into with both parties knowing what they can expect and how to address any issues that might arise.

The use of the premises must not interfere with the proper working of the school or impair its efficiency.

The Hirer shall indemnify DMAT and its Board of Trustees against all claims for damages, compensation and/or costs in respect of bodily injury, death or illness to Third Parties, and/or damage to Third Party property caused by or arising out of or being incidental to the Hirer’s use of the premises.

Under normal circumstances the school sports complex is available for hire between 17.00-21.30pm Monday - Friday evenings school term time, Saturdays 09.00 – 16.30, Sundays on request. During school holidays it is available Monday to Friday between 0800 – 2130 on request, other areas of the school building are subject to agreeing appropriate site management arrangements. The school site is closed bank holidays.

PROCEDURE

1. The Hirer shall satisfy themselves that the facilities to be hired are suitable for their purposes.

2. If any special equipment/ arrangements are required, it must be clearly stated at the application stage. An extra charge will be made for this service, and the school must be satisfied that a competent person will supervise the use of any equipment.

3. Once the hiring is agreed the hirer undertakes and agrees to;

• accompany the application with the first month hiring fee/full fee for individual booking – (full details within charges section)

• to provide a copy of your current public liability insurance policy (further details below)

• pay all ongoing fees on time and in line with payment terms

• accept and comply with the conditions of hire including indemnities / charges / legal requirements / care of premises as set out as below – via Bookings Plus

• Provide a safeguarding policy if participants are under the age of 18 or are required for other reasons

4. No hire will be regarded as booked until the first month/single sessions hiring fee is paid, booking conditions accepted and accompanying paperwork is received in full, and a signed approval email is issued by the school.

You will be sent a confirmation via email requesting acceptance of booking terms and conditions via Bookings plus – acceptance of this by the hirer enters Durrington High Multi Academy Trust and the hirer into the formal agreement as per below

CONDITIONS OF HIRE

1. Hirers will be required to adhere to the terms of hire, provide a copy of your public liability insurance and have the appropriate DBs as detailed further below.

2. Payment is required in advance of hire payable to Durrington High Leisure via BACS as per the charges policy below.

3. Use of the premises is limited to the accommodation hired and necessary facilities such as toilets and limited on site car parking. Parking is only permitted in designated areas after school hours. No liability for loss or damage to vehicles whilst parked on site will be accepted by DMAT.

4. The Hirer will be responsible for providing any first aid facilities that they deem necessary in accordance with the Health and Safety (First Aid) Regulations 1981.

5. It is the hirers responsibility to ensure all electrical equipment used on site is PAT tested annually.

6. The hirer should follow the premises fire & emergency evacuation procedures and emergency accident procedures as supplied with this application.

7. The facilities will be used solely for the event described on the application form. If this booking relates to regular and continuing bookings this one undertaking shall be binding for all occasions when the facilities are used.

8. A qualified supervisor must be present during all activities.

9. No function shall extend beyond the hiring period and the Hirer shall completely vacate the premises and grounds by that time, unless special arrangements have been agreed. Additional fees will apply for any extensions.

10. Durrington Multi Academy Trust reserves the right to cancel any hire without notice. If the facility is withdrawn by the school a full refund will be made. Every effort will be made to provide an alternative facility and provide as much notice as possible. No compensation will be due for cancelled bookings.

11. Durrington Multi Academy Trust will not be held responsible for any mechanical failure resulting in the hire being unable to take place. A full or in part refund of the hire cost will be made dependent on outage time. A refund covering the period of hire impacted by the failure will be issued as a credit note. No compensation will be payable for hirers expenses including lost revenue, labour and materials. Hirers should ensure their business insurance provides adequate cover for this.

12. Durrington Multi Academy Trust reserve the right to cancel any booking without notice if the Hirer has failed to disclose material information concerning the proposed hiring or there are reasonable grounds to conclude that the Conditions of Hire may be breached to a material extent. In the event of this any refund of hiring fees shall be at the discretion of Durrington Multi Academy Trust.

CONDITIONS OF HIRE

1. Hirers will be required to adhere to the terms of hire, provide a copy of your public liability insurance and have the appropriate DBs as detailed further below.

2. Payment is required in advance of hire payable to Durrington High Leisure via BACS as

per the charges policy below.

4. The Hirer will be responsible for providing any first aid facilities that they deem necessary in accordance with the Health and Safety (First Aid) Regulations 1981.

5. It is the hirers responsibility to ensure all electrical equipment used on site is PAT tested annually.

6. The hirer should follow the premises fire & emergency evacuation procedures and emergency accident procedures as supplied with this application.

8. A qualified supervisor must be present during all activities.

12. Durrington Multi Academy Trust reserve the right to cancel any booking without notice if

the Hirer has failed to disclose material information concerning the proposed hiring or there are reasonable grounds to conclude that the Conditions of Hire may be breached to a material extent. In the event of this any refund of hiring fees shall be at the discretion of Durrington Multi Academy Trust.

13. Hirers providing services to children, whether pupils at the school or others, must have policies and procedures in place to ensure children’s safety, e.g.

• Safeguarding Policy – a copy of this is required on receipt of booking.

• It is the hirers responsibility to ensure DBS clearance (Disclosure & Barring service previously known as CRB ) has been obtained where necessary for all relevant staff and appropriate recruitment checks are in place.

As with any safeguarding allegation, schools and colleges will follow their Safeguarding policies and procedures, including informing the LADO (Local Authority safeguarding officer).

14. Hirers providing services to adults and children will need to have the following in place and provide proof where requested:

• A risk assessment will need to be completed before the event or the School reserves the right to impose restrictions in order to ensure health and safety. The statement that the area to be hired must be ‘fit for the purpose it is being hired for’ is significant in the assessment. Please see further notes for assistance with this.

Public Liability insurance – Please see details of requirements below

15. Please note that permission must be sought prior to your booking if you wish to photograph or film in any part of the school.

CHARGES

The hirer shall be advised of the hiring fees at the time of booking. Confirming the booking via Bookings Plus will confirm acceptance of the costs.

1. Payment requirements for new hirers – For single sessions payment will be due for the session at the time of confirmation and in order to confirm the booking, for continual hirers the first months payment will be due at confirmation stage in order to confirm the booking.

2. Payment requirements for existing hirers - Hiring fees must be paid in advance of hire and hirers will be invoiced one month in advance of hire – payment must be made at least 14 days in advance of the first date of hire on the invoice. Payment must cover the full value of the invoice. Part payment is not acceptable.

BACS payments Only

Account name : Durrington High School

Sort code : 30-99-93 Account number : 61773968

3. In the event that the Hirer cancels or changes the hiring and payment has been received, the following fees will be repayable to the Hirer, less any expenses incurred. Notice given based on working days:

• 28 or more days notice of cancellation - Full refund

• 14-28 days notice of cancellation - 50% of fees

• 14 days or less notice of cancellation - No refund

4 .For hirers that hire facilities more than once a week, a notice period of one full school term (12 weeks) is required should the hirer wish to cancel their regular hire.

5. Specialist rooms and equipment (including changing rooms, chairs, tables gymnastics equipment, public address systems, stage lighting and pianos etc) are not included in the hire arrangement. If required this should be advised at the time of booking so if it can be supplied, a supplement will be added to the hire cost.

6. If hire is required when no other hirers are using the site a supplement may be charged to cover staff and utility costs. These costs will be shared and must be agreed and paid prior to the booking.

7. We reserve the right to increase prices at any point, increased prices will not be payable on invoices already issued where payment is received in line with your payment terms.

8. Late payment charges – Payment made outside of the previously described payment terms will be subject to late payment charges.

5% of the outstanding invoice value will be charged for every day the invoice remains unpaid. If full payment is not received within 7 days of the due date (inc late payment charges) we reserve the right to cancel the booking and all future bookings.

9. Periods of inclement weather – if the externally booked space is deemed too dangerous to play on by DHS Leisure staff a full refund will be given, this is a discretionary decision to be made by DHS leisure staff and not the hirer.

INSURANCE / PUBLIC LIABILITY INSURANCE

1. The Hirer shall effect adequate insurance in respect of the liabilities and the loss or damage.

2. The Hirer shall indemnify DMAT against all claims for damages, compensation and/or costs in respect of bodily injury or illness to Third Parties, including Durrington High Leisure servants and agents or Governors and Board of Trustees and/or damage or loss to Third Party property caused by, or arising out of, or being incidental to the hirer’s use of the premises.

3. The Hirer shall effect adequate insurance to cover this liability: damage to premises and equipment.

4. The Hirer shall be responsible for the loss of / or damage to the premises and contents therein, which is the property of DMAT, except when loss or damage to the premises or contents are as a result of the negligence of the school.

5. The Hirer shall effect adequate insurance to cover this liability with a preferred minimum limit of indemnity of £10 million, although £5 million is acceptable subject to approval from the school.

6. The Hirer shall effect adequate insurance in respect of such loss or damage.

7. Under no circumstances will DHS, DMAT or DHS Leisure accept any liability for damage caused to equipment whilst stored at the school premises.

8. Should any failure of DMAT equipment occur resulting in the venue/s becoming unavailable for hire DMAT will not accept liability for loss of earnings to the hirer and therefore the hirer is advised to have sufficient insurance in place if appropriate.

LEGAL REQUIREMENTS

1. Durrington High Multi Academy Trust do NOT hold licences for public dancing, music, any other public entertainment or public performance of plays.

2. The Hirer shall be responsible for obtaining any licence required from the District/Borough Council and shall produce the licence for inspection prior to the hiring date. The Hirer shall be responsible for complying with the terms of any such licence.

3. The Hirer shall be responsible for complying with the legislation relating to copyright in relation to the hiring and with the legislation relating to copyright in relation to the hiring and the requirements of the Performing Rights Society Limited and Phonographic Performance Limited concerning the performance respectively of musical work and sound recordings on the premises. The Hirer indemnifies DMAT against any breach of this condition.

4. If the Hirer intends to apply for a TENs (Temporary Events Notice) for the sale of intoxicating liquor then the written approval of Durrington Multi Academy Trust shall first be obtained. The Hirer shall be responsible for ensuring compliance with the provisions of the Licensing Acts.

5. Written approval must be obtained first from Durrington Multi Academy Trust For any gaming or lottery, which is intended to take place on the School premises, the hirer must ensure that they comply with the relevant legislation.

6. Smoking, including e-cigarettes/vapes is strictly prohibited in all buildings, on all School grounds and including car parks. It is the responsibility of the hirer to enforce this with all of their participants and spectators.

CARE OF PREMISES

1. The Hirer is responsible for the preservation of good order during the hiring. The Hirer shall at all times provide an adequate number of stewards who shall be present throughout the hiring. The hirer should note number of and names of attendees.

2. Durrington Multi Academy Trust reserve the right to require the Caretaker/Premises Officer to be in attendance for the preservation of good order and safety and to recover from the Hirer any additional expenses incurred as a

result of this condition.

3. The wearing of nailed or stiletto-heeled or other unsuitable footwear in indoor areas is prohibited.

4. No sports boots with studs, blades or spikes – only trainers or multi grip sports shoes can be worn. (exception to field use and Astro pitch).

5. No food or drink (except water) within venues.

6. No chewing gum, no smoking, no pets, no alcohol.

7. No nails or screws shall be driven into the walls, floors, ceilings, furniture or fittings, and no placards shall be affixed to any part of the premises.

8. The laying of composition or other preparation on School floors is prohibited, prior written approval of Durrington High Multi Academy Trust if required.

9. School furniture (other than chairs in the hired accommodation) and equipment shall not be moved or used except by prior arrangement.

10. Any alteration or addition to the school lighting or electrical heating systems is strictly forbidden, except with the written consent of Durrington High Multi Academy Trust. Consent may be subject to conditions, which the Hirer will be required to observe.

11. After use, the Hirer must leave the premises in a clean and tidy condition, the Hirer’s property and rubbish removed, and all appliances switched off and lighting extinguished. Durrington High Multi Academy Trust reserve the right to recover from the Hirer any additional expenses incurred as a result of non-compliance with this condition.

12. No chairs / tables / benches or anything weightbearing can be placed on the surface of the sports halls or the netball / tennis courts – any damage caused by this will incur cost to the hirer.

FIRE ALARMS, EVACUATION PROCEDURE & EMERGENCY ACCIDENT PROCEDURE

Durrington High Leisure – Fire evacuation procedures

Every hirer must brief persons participating and/or observing their session of the emergency procedures in place at Durrington High School, awareness of evacuation points, evacuation routes and the assembly point are crucial.

The assembly point differs to that used during the school day as this area is less accessible out of normal school hours. Users of Durrington High Leisure should meet at the marked assembly point on the grass area adjacent to the cycle compound at the front of the school (indicated on the map).

It is vital for the safety of all users that:

· Every session has a person in charge who is aware of and able to carry out the details within this document and pro-actively support the evacuation of all participants/observers.

Registers are taken accurately at the start of all sessions so you, as hirers know who has attended your session and are able to confirm to the emergency services that all persons have evacuated and are accounted for.

On hearing the alarm (continuous ringing bell)

· All Persons must leave the building by the nearest available exit, exits are marked by a Green evacuation sign, these are usually illuminated. Core spaces such as sports halls and studios have evacuation maps indicating evacuation routes and assembly points for both during the school day and during for out of hours use (Durrington High Leisure). No person (hirer or participant/observer) should stop and pack away/collect personal possessions to take with them.

· If safe any electrical items in use should be switched off and doors should be closed.

· It is the responsibility of the hirer to ensure all person connected with their activity have evacuated and are at the assembly point.

· Once outside of the building all persons should proceed directly to the out of hours assembly point.

· The lift must not be used. Any persons requiring the use of the lift should wait near the top of the relevant stairwell and wait for the emergency services.

· Hirers who are aware of persons attending their activity, either as a participant or observer who would be unable to use stairs unaided should have an evacuation plan in place. It is the responsibility of the hirer to action this, communicate it and discharge any actions within it in the case of an emergency.

· Before leaving the building, members of the Durrington High Leisure team will check areas of the school which are in use and toilet/changing areas. This is a final check, it remains the responsibility of the hirer to ensure all persons attending their activity have evacuated.

· Colleagues from Durrington High Leisure will contact key holding staff to make them aware of the situation.

· Members of the Durrington High Leisure team will await the arrival of the Emergency Services at the front of the school.

· Any visitors are the responsibility of the person they have come to visit.

EMERGENCY ACCIDENT PROCEDURE

• In the event of any accidents or injuries it is the hirers responsibility to access the first aid requirements and make a decision as to whether paramedic assistance is required.

• Should paramedic assistance be required the hirer should make the telephone call to the emergency services directly in order to ensure the information is communicated directly.

• If paramedic assistance is required please ensure the Leisure team member on duty is made aware immediately of the situation.

• Please report all accidents to the Leisure team member on duty at the time and follow this up in writing afterwards to [email protected]

CONTACT DETAILS :

Emergency phone held by Leisure team member during Leisure hours: 07877 159328

Leisure Team Email (Office Hours ) – [email protected]

Please be aware that during school holidays response times might be longer due to reduced staffing levels.