HIRE AGREEMENT
(for hire of premises within Orchardhill Church buildings for a single event)
between
ORCHARDHILL PARISH CHURCH, 12 Church Road, Giffnock, Glasgow G46 6JR (“the Church”)
The Hirer
For the purposes of this Agreement:
“the Premises” are within the Memorial Hall in Church Road, Giffnock, together with the adjacent [kitchen], toilets and car parks (the use of which may be shared);
“the Charge” (i.e. the cost of hire) is £100.00 Pounds Sterling;
“the Deposit”(to secure the booking and cover potential damage etc.) is £50.00 Pounds Sterling;
“the Hire Period” is from 1.30pm until 5.30pm
“the Event” is the use of the Premises for the activities stated in the Application Form;
“the Application Form” is the Halls Booking Application Form signed by the Hirer in relation to the Event.
“the Insurance Confirmation Form” is the Insurance Confirmation Form annexed to this Agreement.
“the Terms and Conditions of Hire” are as set out in the Schedule annexed to this Agreement.
- The Church AGREES to the Hirer using the Premises for the Event for the Hire Period after the Hirer pays the Deposit and the Charge to the Church, but subject to the Terms and Condition of Hire.
- The Terms and Conditions of Hire set out provisions which it is very important the Hirer has read and understood before signing this Agreement; both parties will be bound by these provisions.
- If the Hirer wishes to arrange for a bouncy castle or other apparatus to be brought onto the Premises during the Hire Period this must be brought to the Church’s attention at least 2 weeks before the Hire Period and no such apparatus may be brought onto the Premises unless the Hirer has completed and submitted the Insurance Confirmation Form to the Church in terms of Clause 15 of the Terms and Conditions of Hire. For the avoidance of doubt, the Church shall have no liability whatsoever for any consequence of such apparatus or its operation on the Premises.
- A signed copy of each of this Agreement and the Terms and Conditions of Hire attached to it will be retained by each party.
SCHEDULE
These are the Terms and Conditions applicable to the Hire of Premises within Orchardhill Parish Church buildings for a single event
1.1
1.2 |
Full payment of the Charge which is for the use of the Premises and includes time for setting up and tidying and the deposit must be made at the time of booking to the Treasurer of the Church by any means reasonably required by the Church. No written demand will be given for the Charge. The booking will not be secured until the full payment of the charge and the deposit is made. If the Hirer cancels the Event less than 10 days before the Hire Period, half the Deposit will be forfeit to the Church. |
2.1 |
The Premises shall be used by the Hirer for the sole purpose of the Event and the activities disclosed in the Application Form. |
2.2 |
The Hirer shall ensure that these activities are compliant with all statutory provisions. |
2.3
2.4 |
The Premises are accepted by the Hirer as being in good condition and repair and fit for the Event and such activities. Keys for the Premises may be obtained from the Church Office between Tuesday – Friday 9.00am and 12.30pm the week prior to the Hire Period and must be returned to the Church Office after the event. |
3.1 |
The Hirer will be responsible for any damage or loss caused to the Premises and its contents arising directly or indirectly from their use during the Hire Period and will also be responsible for the leaving the Premises in a clean and tidy condition in general and in particular, clear of all rubbish at the end of the Hire Period, as mentioned further below. |
4.1 |
All bookings include the use of the kitchen and its contents, including white goods, water boilers, kettle, teapot and crockery. The following procedures must be observed:- |
4.2 |
The kitchen and all such kitchen appliances must be left clean after use; |
4.3 |
Floors to all areas of the Premises and also the vestibule, hallways and others must be swept and tidied after use; |
4.4 |
Toilets and sinks must be left clean and tidy as found; |
4.5 |
Tables and chairs must be wiped over and returned to their storage spaces; |
4.6 |
The Church operates a strict recycling regime and all rubbish must be bagged and placed in the appropriate bins; |
4.7 |
Broken glass must be wrapped before disposal and no liquids are to be emptied into any of the bins; |
4.8 |
Any equipment used must be returned to its proper storage space after use. |
4.9 |
Decorations such as balloons and streamers may not be attached to surfaces by pins or adhesive tape; blu-tac may be used on gloss paint only if removed and surfaces cleaned after use. Nothing may be attached to the speaker systems on the walls. |
4.10 | The Hirer and guests at the Event should use the Church’s car parks where possible to avoid parking vehicles on the streets whilst however parking is entirely at the risk of the vehicle owners. |
4.11 | All external doors must be kept closed during the Event. |
5.1
|
If, in the opinion of the Church, the Premises are left in an unsatisfactory state in terms of paragraphs 4 or 5 above, or if there is loss or damage arising, such part of the Deposit as the Church shall consider reasonable in the circumstances will be retained by the Church in compensation and not returned to the Hirer. In extreme cases additional costs for cleaning, repairs or loss may be levied against the Hirer. |
5.2 |
To the extent that the Hirer does not invalidate the return of the Deposit (in the manner described at paragraphs 1, 4, 5,6.1 ,8 or 17) the Deposit will be returned to the Hirer within two weeks after the Hire Period. |
6.1 |
Smoking at the Premises is expressly prohibited both indoors and outdoors. |
6.2 |
Alcohol on the Premises whether for consumption, sale or otherwise, is expressly prohibited. |
6.3 |
Food and drink must not be taken into the Sanctuary. If the Hirer is serving food the Hirer will be responsible for compliance with all Health and Safety legislation and Food Hygiene regulations. |
7.1 |
Prior to the start of the Event, the Hirer must nominate a competent adult person to take charge in the event of fire or other emergency to ensure that all persons at the Premises can escape unimpeded through the fire exits and to assemble in the adjacent car park or other nominated assembly area. Improper operation of the fire alarm or extinguishers will result in the automatic loss of the Deposit. Fire doors must remain unobstructed during the Hire Period. |
8.1 |
The Hirer must comply with all statutory requirements and specifically, any electrical equipment brought onto the Premises must be PAT (Portable Appliance Testing) tested. |
9.1 |
The Hirer must ensure that all lights are switched off and all entrances to and exits from the Premises are left locked and secure when the Hirer leaves the Premises after the Hire Period. |
10.1 |
This Agreement for hire is a personal contract between the Church and the Hirer and cannot be assigned in whole or in part to another party. |
11.1 |
This Agreement is for the hire of the Premises for the single Event and will terminate at the expiry of the Hire Period subject to(a) the repayment of the Deposit in whole or in part and aspects referable to that and (b) the Church’s prior rights and claims |
12.1 |
The Church shall not be responsible for any loss, damage, actions, proceedings, costs, claims or demands by any party of any kind and the Hirer shall indemnify the Church (including the trustees vested in the Premises) against all such loss, damage, actions, proceedings, costs, claims or demands arising during or as a result of the Event. |
13.1 |
The Hirer shall ensure that adequate insurance cover (including for public liability for the use of the Premises) is in place for the Hirer and all its associates and any equipment or other property brought onto the Premises and shall indemnify the Church for any failure to do so. |
14.1 |
Without prejudice to the foregoing, the Hirer shall be entitled to introduce in to and use on the Premises a bouncy castle, bucking bronco or other similar items of apparatus (all referred to in this Agreement as “Apparatus”) but strictly only on satisfying the following conditions:- |
14.2 |
the use of the Apparatus shall be wholly inside the Premises; |
14.3 |
no employee or other representative of the Church will be involved in the operation of any Apparatus or the supervision of those using it; |
14.4 |
on the basis that there may be certain dangers inherent in introducing, using, operating, dismantling and/or removing the Apparatus, the Church shall have no liability for any loss, damage, injury or other claim resulting from the same and the Hirer shall ensure that all relevant safety measures and practices in respect thereof, including all necessary supervision and control by appropriate adults are complied with, having particular regard to all recommendations and conditions set out by manufacturers and/or the hirers of the Apparatus and/or by the insurers aftermentioned, and |
14.5 |
in so far as the Church’s insurers will not provide insurance cover in respect of any loss, damage, injury or other claim arising in respectof the Apparatus or its use on the Premises, it is essential before the Apparatus is brought into the Premises (a) that the Hirer shall ensure that appropriate public liability insurance is in place and (b) that at least one week prior to the date of the Event, the Hirer shall complete, sign and return to the Church the annexed Insurance Confirmation Form. |
15.1 |
The Hirer will be deemed to be aware of and will comply with any relevant legislation relating to both (a) the safeguarding of children and young people and (b) regulated work with protected adults and has read and understood both of the relevant Church of Scotland Safeguarding materials and will follow their respective provisions. |
16.1 |
If the Hirer is found to be in breach of any of the conditions of this Agreement and schedule, the Church shall have the right to terminate the Agreement with immediate effect but without prejudice to the Church’s prior rights and claims. |
17.1 |
Lastly, this Agreement will be governed by and construed in accordance with the law of Scotland. |