Terms and Conditions of Hire

December 2019


The Agreement  

  1. DEFINITIONS AND INTERPRETATION
  1. In this Agreement, the following words and expressions shall have the following meanings:
  1. “Agreement” means these terms and conditions of hire;
  2. “Applicant” means a person or entity applying to hire part of the Premises;
  3. “Booking Form” means the booking application form provided by The Partnership to the Hirer, setting out the terms of Hire of the Venue, which incorporates the terms and conditions of this Agreement;
  4. “Deposit” means a non-refundable deposit for the Hire of the Premises and/or Venue and are for room hire only;
  5. “Event” means the event(s) for which the Hirer has hired the Venue, as described on the Booking Form;
  6. “Hire” or “Let” means any use of the Premises and/or Venue as a result of this Agreement;
  7. “Hire Fee” means the full charge made by The Partnership in relation to the Hire of the Venue;
  8. “Hirer” means the person or entity hiring Premises under the terms of this Agreement;
  9. “Hire Period” means the period of Hire detailed in the Booking Form issued by The Partnership;
  10. “Party or Parties” means the Hirer and The Partnership;
  11. “Premises” means The Partnership’s premises at NWKLEUS, Kirkton Road, Kilmarnock, East Ayrshire, KA3 2DF;
  12. “Property” means property belonging to the Hirer and to those who have explicit or implicit authority from the Hirer to enter the Venue;
  13. “The Partnership” means Kilmarnock North West Community Partnership - a registered charity in Scotland under the number SC047551, who manage the Premises;
  14. “Venue” means such of the Premises hired by the Hirer under this Agreement as specified on the Booking Form, and where the context permits, includes any ancillary areas of the Premises that the Hirer is permitted to use.
  1. AGREEMENT
  1. The Hirer agrees that upon completion and return of the Booking Form to The Partnership, to be bound by the terms and conditions of this Agreement and any special conditions agreed between the Parties and set out within the Booking Form.
  2. It is the responsibility of the Hirer to ensure that the Booking Form is complete and accurate and that all necessary information is provided to The Partnership. Hirer’s are advised to check arrangements one week prior to a booking to ensure their requirements are being met.
  3. THE HIRER HAS PERMISSION ONLY TO USE THE VENUE FOR THE HIRE PERIOD FOR THE EVENT(S) SPECIFIED ON THE BOOKING FORM AND NO TENANCY OR OTHER RIGHT OF OCCUPATION IS GIVEN TO THE HIRER IN RESPECT OF ANY PREMISES.
  1. APPLICATIONS
  1. All Applications to Hire any part of the Premises must be submitted in writing on the appropriate Booking Form, or by using the electronic Booking Form supplied on The Partnership’s web site (https://www.knwcp.org.uk), and marked clearly for the attention of and sent to the Lettings Secretary, NWKLEUS, Kirkton Road, Kilmarnock, KA3 2DF.
  2. An Application to Hire any part of the Premises is made by way of offer by the Applicant, and as such may be rejected by The Partnership. The Partnership is not obliged to give any reason(s) for its decision to reject an Application to Hire. Further, prior to its acceptance of any Application, The Partnership reserves the right to request any changes it feels are necessary to the proposed Event, and reserves the right to cancel the Hire forthwith if these changes are not accepted by the Applicant.
  3. Upon receipt of the Application for Hire, The Partnership will create a provisional booking for the Applicant. Provisional bookings will be held:
  1. For a maximum period of four weeks from actual receipt of the Application for Hire by The Partnership; or
  2. Until such time that the Application to Hire has been either accepted or rejected by The Partnership in accordance with the terms and conditions of this Agreement, whichever comes first.
  1. The Applicant must state clearly and fully on the Booking Form the precise purpose for which the Premises are to be hired.
  2. No legally enforceable contract between The Partnership and the Hirer comes into being until the Application to Hire a Venue has been formally accepted by The Partnership in writing.
  3. All individual Applications must be aged eighteen years of age or over.
  4. If the Applicant is a corporate or public body (i.e. a company or charity), the Applicant must state clearly and fully on the Booking Form the name, address, telephone number and e-mail address of the person(s) who will be personally responsible to The Partnership for the obligations of the Hirer under this Agreement, jointly and severally with the Hirer organisation.
  5. If another Application for Hire is received, and results in any Premises and/or Venue becoming double booked for the same provisional booking period, in such circumstances, The Partnership will notify both Applicants as soon as reasonably practicable, and offer the Applicant who submitted their Application first the opportunity to either:
  1. Confirm their booking; or
  2. Amend their Hire Period.
  1. DEPOSITS AND HIRE FEES
  1. The Hirer will pay the Deposit for its use of the Venue during the Hire Period, which must accompany their completed Booking Form. For the avoidance of any doubt, The Partnership will not accept an Application to Hire a Venue unless The Partnership is in receipt of both a completed Booking Form accepting these terms and conditions of this Agreement, and the agreed Deposit.
  2. The Deposit is set at 50% of the Hire Fee.
  3. Where an Application to Hire is not accepted, the Deposit will be returned to the Hirer in full. For the avoidance of doubt, once an Application to Hire has been accepted, the Deposit will become non-refundable.
  4. The Partnership may request the full Hire Fee to accompany the Booking Form and the Deposit. In such case, the Application to Hire will not be accepted until the payment has been received.
  5. Where the Hire Fee, or any part of the Hire Fee, is required in advance by The Partnership and payment is not received two weeks prior to the commencement of the Event, The Partnership may cancel forthwith and without notice any Application to Hire.
  6. Where there is an arrangement for payment of the Hire Fee to be made in arrears, The Partnership may cancel any existing booking(s) forthwith if the Hirer fails to make payment on the date payment is due.
  7. All cheques must be made payable to “Kilmarnock North West Community Partnership”.
  8. The Hire Fee does not include the hire of any additional equipment or services, (including but not limited to, specialist sound, stage and lighting equipment, or catering or kitchen equipment) in any Premises, unless otherwise agreed in advance by both Parties in writing.
  9. All amounts due under this Agreement shall be paid by the Hirer to The Partnership in full without any set-off, counterclaim, deduction or withholding by the due date specified on the invoice.
  1. NUMBER OF PERSONS
  1. The local Fire Authority and East Ayrshire Council’s Building Control set the maximum number of persons allowed at the Venue. These numbers must not be exceeded at any time. The Partnership also reserves the right to set lower numbers where appropriate.
  2. If these numbers are exceeded, The Partnership has at its discretion the right to refuse admission of excess numbers or to terminate this Agreement forthwith without incurring liability to the Hirer.
  1. FACILITIES AND ROOM LAYOUT
  1. Use of the Venue includes use of any ancillary areas of the Premises that the Hirer is permitted to use (including but not limited to, any foyers, cloakrooms, toilets and/or refreshment facilities).
  2. It is the responsibility of the Hirer to make sure that they set up during the Hire Period and completely vacate the Premises by the end of the agreed Hire Period. Should the Hire overrun the agreed Hire Period, an appropriate charge will be made.
  3. It is the responsibility of the Hirer to ensure the facilities of the Venue are suitable for their proposed Event(s). The Venue is provided on as seen basis. The Partnership will not incur liability to the Hirer if the facilities do not meet the requirements of the Hirer once an Agreement is entered into if the Hirer did not inspect the facilities prior to commencement of this Agreement.
  4. The Hirer accepts the facilities and/or equipment in their present condition(s) and as satisfactory in all respects for the purposes of the Hire. The Hirer will not use the facilities and/or equipment or permit the facilities and/or equipment to be used other than for the purposes of the Hire as described in the Booking Form.
  5. The Hirer will not make any alterations or additions to the Venue and/or equipment throughout the duration of the Hire.
  6. Parking is not provided as part of the Hire. Where the Hirer, members, participants or other invited guests park on The Partnership’s Property, it will be at their own risk.
  7. The Partnership will not be held liable for any equipment or Property left at the Venue by the Hirer.
  8. It is the responsibility of the Hirer to pay all Performing Rights Society fees if music is played during a Hire Period. Should a Hirer indicate that they possess a PRS licence of their own and it is subsequently discovered they do not, they will be held liable for such fees.
  1. SUPERVISION AND RIGHT OF ENTRY
  1. During the Hire Period, the Hirer shall be responsible for:
  1. The efficient supervision of the Venue during the Hire Period, including without limitation:
  1. The effective control and safeguarding of children and/or vulnerable adults to comply with the requirements of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”);
  2. Ensuring that only fit and proper persons have access to children and/or vulnerable adults;
  3. The orderly and safe admission and departure of persons to and from the Venue;
  4. The orderly and safe vacation of the Venue in case of emergency; and
  5. The health and safety of persons at the Venue.
  1. The preservation of lawful behaviour, good order and decency in the Venue;
  2. Ensuring that all exit doors from the Venue are left unobstructed and immediately available for emergency exit;
  3. Ensuring that no obstruction is placed or allowed to remain in any corridor giving access to the Venue;
  4. Ensuring that (excepting fair wear and tear) the Venue is not damaged, however slightly; and
  5. Ensuring that all fire exits and gangways must remain clear and unobstructed at all times.
  1. Where applicable, all groups who cater for children or young people less than eighteen years of age are legally required to have a child protection policy in place. All leaders, helpers and employees of the Hirer that have regular unsupervised access to children must be checked through Disclosure Scotland. The Partnership reserve the right prior to accepting your Application to Hire or during the Hire Period, request evidence of a Child Protection Policy or Disclosure Scotland certificates, where necessary. Failure to comply with the Act may result in termination of the Hire without The Partnership incurring liability to the Hirer.
  2. Where applicable, the Hirer will ensure that the relevant performance licence is obtained from East Ayrshire Council.
  3. The Partnership may require the presence of Police officers or other persons considered necessary to keep lawful behaviour, good order and decency at the Venue.
  4. Duly authorised members, officers and/or employees of The Partnership, or of East Ayrshire Council, may enter the Venue at any time for any authorised purpose, without notice.
  5. The Hirer shall be liable to compensate The Partnership for any losses that The Partnership incurs as a result of damage to the health and safety of persons at the Venue, except insofar as such losses results from The Partnership’s own negligence.
  1. CATERING
  1. The Partnership reserves the right to provide all catering facilities for the Venue.
  2. Subject to The Partnership’s prior written agreement, the Hirer may provide their own catering facilities. In this instance, the Hirer will be responsible for:
  1. Cleaning of all preparation areas, kitchens, kitchen equipment, serveries, eating areas and for the disposal of all rubbish and food waste;
  2. Supplying their own catering and waiting staff, tableware, table linen, kitchenware and glassware; and
  3. Complying with all the requirements of Health and Safety at Work and Food Hygiene and Health Regulations.
  1. The Partnership may require the Hirer at any time to remove any of the Hirer’s own catering staff or equipment at any time during the Hire Period where The Partnership considers, in its reasonable opinion, to be unsatisfactory for any reason whatsoever.
  2. Where the Hirer is using kitchen facilities in line with Clause 8(b) above, an additional fee will be applicable to the Hire Fee.
  1. LIGHTING AND ELECTRICAL EQUIPMENT
  1. Neither the Hirer, nor any of its employees, agents, sub-contractors, volunteers or any other person at the Venue with the Hirer’s implicit or explicit authority shall interfere with any electrical fixture or fitting.
  2. The Hirer shall ensure that any electrical equipment brought on to the Premises during the Hire Period shall be safe, in good working order and used in a safe manner by trained persons only. A Portable Appliance Testing (“PAT”) certificate may be requested by The Partnership as evidence of this.
  1. ALCOHOL & GAMBLING
  1. Whilst The Partnership does not encourage unlicensed alcohol in its Premises, should a Hirer wish alcohol to be consumed but not sold at the Venue during a Hire Period, they will be required to inform The Partnership of this at the time of booking. The Partnership will then consider any such request on its own merits and decision on whether or not to permit this will be confirmed to the Hirer together with any additional conditions that may be required.
  2. No excisable alcohol is to be sold, unless the alcohol is being supplied by the Hirer and the sale of alcohol has been approved in advance by The Partnership.
  3. Where any alcohol is to be sold, it is the Hirer’s responsibility to ensure that all necessary licences are obtained prior to the Hire Period but not limited to, any licence required in terms of the Licencing (Scotland) 2005 Act, the Gambling Act 2005 or the Civic Government (Scotland) Act 1982. Failure to adhere to this Clause will result in the cancellation of the Hire by The Partnership.
  1. ANIMALS
  1. The Hirer shall ensure that no animals, except guide dogs, are brought to the Venue, other than for a special Event agreed in advance by The Partnership.
  2. No animals whatsoever may enter any kitchen located at the Venue at any time.
  1. CONDITION OF PREMISES - DAMAGE & DECORATIONS
  1. The Hirer shall not cause or permit any person to drive any nails, screws or other fixings into the walls or floors or into any furniture or fittings, or do or permit to be done anything likely to cause damage to the Venue or Premises or any fixtures or fittings therein.
  2. No posters, boards, signs, placards, notices, flags, emblems, advertisements, decoration, drapery or other articles are to be displayed inside or outside any part of the Venue without prior consent in writing from The Partnership, except for:
  1. The Hirer will be entitled to display on any notice boards not more than two posters preceding the Hire Period provided that they adhere to any size and/or dimensions approved by The Partnership and must not contain any material which in the sole opinion of The Partnership is obscene, offensive or otherwise inappropriate.
  1. Further to clause 12(b), no posters, boards, signs, placards, notices, flags, emblems, advertisements, decorations, drapery or other articles shall be affixed to any part of the Premises or to furniture, fixtures or fittings therein by adhesive tape or other adhesive substance unless prior written permission has been obtained by The Partnership.
  2. All exhibition stand construction, which includes without limitation stage scenery, stage clothes and other arrangements shall be temporary and removable.
  3. No painting or making good of damage to The Partnership’s property by the Hirer shall be made by the Hirer, and the Hirer shall ensure that no person at the Venue with its explicit or implicit consent effects such painting or making good.
  4. The Hirer shall repay to The Partnership on demand the cost of making good of damage to any part of the Premises or any property whatsoever belonging to The Partnership which shall be damaged, destroyed, removed or stolen during the Hire Period.
  5. No decorations, which include without limitation, flags, emblems, gas filled balloons, streamers, confetti or fume release devices, may be introduced to any part of the Premises without prior consent in writing from The Partnership.
  6. No pyrotechnics, indoor fireworks, smoke machines or naked flames will be permitted in the Premises without prior written consent from The Partnership. The Hirer will be liable for any additional staffing costs which result from approval being granted.
  7. Notwithstanding that The Partnership may have given consent required by Clauses 12(b), (c) and (g), The Partnership reserves the right to remove any posters, boards, signs, placards, notices, flags, emblems, advertisements, decorations, drapery or other articles visible outside or inside the Premises that are in the opinion of The Partnership unsuitable or request that they are moved.
  1. INSURANCE, RISK ASSESSMENTS & ACCIDENTS
  1. The Hirer shall take out all adequate insurance, including public liability insurance to a level of at least five million pounds, as are reasonably required to cover all potential claims against it arising out of the Hire and on demand shall produce satisfactory evidence of its insurance cover to The Partnership in writing. For the avoidance of doubt, the Venue is insured against any claims arising out of The Partnership’s own negligence.
  2. The Hirer will be responsible for the security and insurance of its personnel and for those attending the Event during the Hire Period, as well as of Property and equipment owned or operated by the Hirer against all risks associated with the Hire of the Venue, regardless of whether the Hirer has indemnity insurance.
  3. The Hirer shall assess the risks involved with the Hire as part of their Application and shall consult The Partnership regarding the risks identified and sufficiency of insurance. It is the responsibility of the Hirer to ensure that risk assessments are undertaken and made available to The Partnership upon request.
  4. The Hirer agrees to indemnify The Partnership against all losses, damages, claims, costs, demands, expenses or other liability arising from or in connection with:
  1. Any damage to the Premises or equipment of The Partnership whether caused by the Hirer, the Hirer’s employees, agents, subcontractors or guests; and
  2. Any death or injury caused by the Hirer’s negligence.
  1. The Hirer will not do anything that will or might invalidate in whole, or in part, any insurance affected by The Partnership in respect of the Venue and/or equipment from time to time.
  2. Any accident, incident or near misses during the Hire Period must be reported by the Hirer to the keyholder of the Premises immediately to ensure a full investigation can be carried out.
  1. COMPLAINTS
  1. Any complaints about the arrangements connected with the Venue should be made in writing addressed to The Board of Kilmarnock North West Community Partnership within 72 hours of the end of the Hire Period.
  1. CANCELLATION & AMENDMENTS OF BOOKINGS
  1. Cancellation by The Partnership
  1. The Partnership may cancel the Agreement in whole or in part at any time, without liability to the Hirer for any damages or loss sustained as a result of or in any way arising out of said cancellation and shall not be obliged to refund any Hire Fees or deposit previously paid by the Hirer where:
  1. The Booking Form and any supporting documentation provided by the Hirer contains any omission, or false or misleading statements; or
  2. The Partnership in its absolute opinion considers that the Hirer’s use of the Venue is likely to bring The Partnership into disrepute; or
  3. If the Hire of the Venue is likely to be of an unlawful, objectionable or undesirable nature on the grounds of security, public safety, the prevention of crime or disorder, the economic wellbeing of the community, the protection of health or morals, the protection of rights and freedoms of others, or any other grounds in The Partnership’s absolute discretion; or
  4. If the Hire of Venue relates to any purpose that The Partnership has not approved.
  1. If the Hirer fails to observe and perform any of the terms and conditions of this Agreement, The Partnership may:
  1. Charge to and recover from the Hirer any expenses incurred by The Partnership in remedying such failure; and
  2. Cancel the instant or any other hiring of the Venue by the Hirer, without incurring any liability to the Hirer for payment of any compensation or refund.
  1. If the use of the Venue is required in connection with statutory duties by East Ayrshire Council, such as for election purposes, The Partnership may cancel this Agreement on immediate written notice. In the event of this Agreement being cancelled for this reason, The Partnership shall not be held liable to the Hirer for any damages or loss sustained as a result of or in any way arising out of the cancellation other than for the return of such part of the Hire Fee, together with any Deposit previously paid.
  1. Cancellation by the Hirer
  1. For bookings made online through The Partnership’s web site, the Hirer has seven days from the Application being accepted to cancel the Hire, without charge, unless entry to the Venue has begun or is to begin within the said seven day period.
  2. Cancellation requests must be received by the Hirer in writing to The Partnership.
  3. The Hirer shall be liable to the following cancellation charges:
  1. Less than fourteen calendar days’ notice - the Hirer shall lose its Deposit and be required to pay a cancellation charge which will be the equivalent of 100% of the Hire Fee.
  2. Over fourteen days’ notice - the Hirer shall lose its Deposit but shall not pay any additional cancellation charges. The Hirer will also receive a full refund of all or any part of the Hire Fee already paid at the date of cancellation.
  1. Amendments requested by the Hirer
  1. The Hirer may request any amendments to their Hire, provided that:
  1. Such requests are made in writing;
  2. Are submitted to The Partnership no later than two weeks before the commencement of the Hire Period.
  1. The Partnership reserves the right to charge an administrative fee per amendment request.
  1. VACATION OF PREMISES
  1. At the end of the Hire Period, the Hirer shall leave the Venue and all things therein as clean, tidy and in as good order as they were at the commencement of the Hire Period.
  2. The Hirer is to remove all equipment previously brought in by or on behalf of the Hirer.
  3. The Hirer shall ensure that all persons attending the Venue and any Property therein shall be out of the Venue by the conclusion of the Hire Period. Evacuation of the Venue shall commence in good time for the Venue to be cleared of persons and Property by the end of the Hire Period.
  4. Additional costs will be chargeable if the Venue is not cleared within the agreed Hire Period.
  1. DATA PROTECTION
  1. The Hirer accepts that The Partnership may be required to disclose information relating to this Agreement or the Hirer to a third party in order to comply with its obligations under the Freedom of Information Act 2000 and/or related legislation. Such information may include but shall not be limited to the name of the Hirer, the overall fee and details of the terms and conditions of the Agreement.
  2. Your personal details will be seen only by The Partnership authorised members who will be dealing with it. It will be kept securely and will not be shared with other organisations or agencies unless we need to do so to complete the booking, or are required by Law to do so.
  1. RIGHTS
  1. The benefit of the Agreement is personal to the Hirer and the Hirer shall not sub-let or assign it or any part thereof.
  2. Any notice pursuant to this Agreement shall, unless otherwise specified, be in writing.
  3. This Agreement (together with the Booking Form and any other appendices and schedules attached) shall constitute the entire Agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
  4. If there is an inconsistency between any of the provisions and/or special conditions of the Booking Form and this Agreement respectively, any provisions and/or special conditions contained within the Booking Form shall prevail over the provisions of this Agreement.
  5. The Partnership reserves the right to modify, amend, add to or change the terms of this Agreement, any rules or documents referred to in this Agreement and any other policies at any time and any such modifications, additions or changes will be effective immediately on being notified to the Hirer.
  6. A person who is not a Party to this Agreement shall not have any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from the Act.
  7. The rights of the Parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
  8. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, nor authorise any Party to make or enter into any commitments for or on behalf of any other Party.
  1. GOVERNING LAW AND JURISDICTION
  1. This Agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
  2. The Parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).