Venue Hirer Terms & Conditions

By agreeing to these terms and conditions, you agree that:

●       You are over the age of 18 years, and understand that if such permission to hire is granted it will be subject to the conditions made by the Trust in relation to the use of the premises, a copy of which we have received, and that such permission will be effective only so long as such conditions are duly observed and performed.

●       You, as the applicant, hereby undertake and agree with the said conditions, should such permission be granted.

●       The Trust’s public liability policy does not extend to cover third parties providing services, which means that all hirers of Trust premises must have their own insurance to cover all losses, and injury that may arise as a direct result of events or activities they arrange and run in Trust premises.

●       You, as the Applicant, hereby severally agree to indemnify and keep indemnified the Trust from and against all loss, damage, costs, claims, demands, expenses or charges which the Trust may sustain or incur in respect of any matter arising out of the use of the accommodation or the conditions relating thereto, and to pay to the Trust on demand all such sums as may be payable by reason of this indemnity.

1.      Contract Terms

1.1   We agree to hire out the Venue to you on the following terms. These terms, together with the Booking Form, constitute a contract between you and us (the “Agreement”) and must be read together with any other documents or policies explicitly referred to in these terms. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.

1.2   In these terms:  

1.2.1.      “we” and “us” means Ivy Learning Trust;

1.2.2.      “you” and the “Hirer” means the person or organisation hiring the venue;

1.2.3.      the “School” means the hiring school;

1.2.4.      the “Booking Form” means the booking form completed on our online platform; and

1.2.5.      the “Venue” means the venue that you have specified on the Booking Form and that we have agreed to hire out to you.

2.   Accuracy of the Booking Form

2.1.           You warrant that the information contained in the Booking Form is correct, accurate and contains no errors or omissions. We reserve the right to cancel this Agreement without having to refund any costs incurred by you (including any deposit or damage deposit) if you are in breach of this warranty.

3.      Use and Access

3.1.            The Trust permits the Hirer to access and use the premises as per the time and dates specified by the booking form.

3.2.            The Hirer is responsible for ensuring these terms and conditions of use are observed and for the effective supervision of the arrangements and activities on the School premises during the Hire period and for the prevention of disorderly behaviour. See Appendix 1 for specific terms and conditions for external service providers.

3.3.            The Trust retains the right to access the School premises at all times during the hire period and the Hirer must comply with any reasonable instruction given by School staff.

3.4.            The area of hire remains in the Trust’s legal possession notwithstanding the Hirer’s occupation during the hire period and such occupation shall not be deemed to constitute or create any lease or tenancy.

4.      Restrictions on Use

4.1.            The Hirer shall not use the premises for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the School or any owner or occupier of neighbouring property.

4.2.            The Hirer shall not make any alterations or additions to the premises and no interference shall be made to School property/ equipment or any other parts of the building.

4.3.            If the hire agreement allows the use of the kitchens, any leftover food and drink must be taken off School premises at the end of the day.

4.4.            Any storage space must be agreed with the School before using.

4.5.            The use of School equipment must be agreed in advance of the letting and may be subject to an additional charge

4.6.            Illegal drugs are not allowed to be brought onto or consumed on the premises.

4.7.            No items of a flammable, dangerous or noxious character may be brought onto the premises, including fireworks or gases.

4.8.           Smoking is not allowed on the premises at any time.

4.9.            No betting, gaming or gambling is allowed on the premises.

4.10.          Dogs, other than guide dogs for the blind or other assistance dogs, shall not be allowed on the premises.

5.      Hire Fee and Deposit

5.1.            The Hire Fee is payable in advance

5.2.           The Trust reserves the right to require a deposit over and above the hire fee as a surety against any damage to the premises (including any equipment) or the premises being left in an unacceptable condition requiring additional cleaning, caretaking or other expenses.

6.      Condition and Damage

6.1.            The Hirer will leave the premises in a clean and tidy condition. No food, rubbish or other belongings of the Hirer should be left on the premises. If additional cleaning is necessary, the Hirer will be charged accordingly.

6.2.            Any damage, destruction or theft that occurs during the hire period will be the responsibility of the Hirer and the Hirer shall pay the Trust the cost of any damage.

6.3.            All damage and breakages must be reported.

7.      Insurance

7.1.            The Hirer should hold public liability insurance in respect of their occupation of the premises for a minimum of £5 million – a copy of their insurance must be provided to the Trust.

7.2.            The Hirer should hold Employers Liability Insurance of a minimum of £5 million indemnity in accordance with compulsory legal requirements, a copy must be provided to the Trust.

7.3.            The Trust may at its discretion waive the requirement to hold public liability insurance/ employers liability insurance where the Hirer is an individual or small informal group of individuals (not using the premises for commercial or business purposes) who do not hold these insurances. In these circumstances the School will arrange for the Hirer to be covered under the Trust’s own insurance and any extra associated costs will be reflected in the hire fee.

8.      Indemnity

8.1.            The Hirer shall keep the Trust indemnified against all expenses, costs, claims and damage and loss (including any diminution in the value or loss of amenity of the premises) arising from the use of the premises by the Hirer or from any breach of any of the conditions of hire by the Hirer, or any act or omission of the Hirer, or any other person on the premises with the actual or implied authorised by the Hirer.

9.      Loss

9.1.            The Trust does not accept liability for any loss, theft or damage to property brought onto the premises by or on behalf of the Hirer or damages to vehicles parked in any car park provided or injury to any person however caused.

9.2.            The Trust shall not be liable for any loss or damage suffered by the Hirer as a direct or indirect result of the performance of this hire agreement being prevented, hindered or delayed by reason of any act of God, riot, strike or lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, transport, electrical or power failures or other circumstances whatsoever outside its control and which affect the provision by the School of access to or use of the premises.

10.      Assignment

10.1.            This hire agreement is personal to the Hirer and the Hirer shall not assign or underlet or part with or share possessions or occupation of the premises.

11.      Health and Safety

11.1.            The Hirer must comply with all laws relating to the premises and the occupation and use of the premises by the Hirer, including but not limited to Health and Safety legislation.

11.2.            The Hirer should, as far as possible, have an accurate list of those present.

11.3.            Any portable electrical equipment to be used must have a current PAT certificate.

11.4.            The Hirer must ensure they are aware of the fire exits and the fire and emergency evacuation procedures. The Hirer is required to take any precautions necessary to ensure the safety of those attending during the hire period, including ensuring the means of escape from fire are not blocked or impeded.

11.5.            The Hirer will immediately inform the designated School contact of any emergency, accident or serious incident that occurs during the hire period.

11.6.            The Hirer shall be responsible for reporting any accidents to the Health and Safety Executive.

12.      Safeguarding and Child Protection

12.1.            You will ensure that the requirements of the DfE guidance ‘Keeping Children Safe in Out of School Settings’ are understood and implemented. 

12.2.            You have been provided with a copy of the Trust’s Safeguarding policy and will ensure that, during your booking, users of the premises abide by its requirements. 

12.3.            Hirers providing services to children must have policies and procedures in place to ensure children’s safety, including:

12.3.1.           Risk assessments which must be supplied to the Trust in advance of the booking.

12.3.2.          Enhanced DBS certificate numbers which must be supplied to the Trust in advance of the booking.

12.3.3.          You will appoint an identifiable Designated Safeguarding Lead, who has had appropriate safeguarding and child protection training, and will ensure that children know who this is.

12.3.4.          You will maintain an awareness of the specific safeguarding issues that can put children at risk of harm and ensure that you and anyone else present undertake appropriate training. 

12.4.            You understand that, if the School receives a Child Protection allegation against you or a member of staff or a volunteer working for you, the School will be obliged to follow its own safeguarding procedures and report the incident to the appropriate authorities.

12.5.            At an event where the number of children is likely to exceed 100, the Hirer must ensure that a sufficient number of adults are stationed to prevent more children from being admitted, control movement of the children and take all responsible precautions for the safety of the children as required by the Children’s and Young Persons Act 2008.

13.      Car parking

13.1.            Subject to availability, these may be used by the Hirer and other adults involved in the letting.

14.      Cancellation

14.1.            This agreement may be terminated by either party giving at least one month’s notice in writing.

14.2.            The Trust may terminate this agreement immediately in the event that the Hirer is found to be in a fundamental breach of the terms of this agreement which in the reasonable opinion of the Trust is not capable of being remedied and no hire fee (or part thereof) shall be refundable.

Appendix 1 - Safeguarding and Child Protection for external service providers

Safeguarding

External service providers must:

●       have an effective Safeguarding and Child Protection policy in place.

●       make sure staff and volunteers have had relevant pre-employment checks for example: -

○      / Enhanced DBS Checks

○       verification of identity

○       references

○       right to work

○       have regular performance reviews in place to check the suitability and training

requirements of staff and volunteers after their appointment

●       have a clear line of accountability for safeguarding which runs throughout your organisation including at the most senior level, including clear procedures on what to do if there are concerns about a staff member, volunteer or another adult who may pose a risk or harm to children

●       have an accurate record of the safeguarding training provided to staff and the schedule of refresher training, including ensuring awareness of specific safeguarding issues (including online) that can put children at risk of harm

●       have a clear complaints procedure

●       have an effective whistleblowing policy

●       have a staff Behaviour policy (sometimes called a Code of Conduct)

●       know if the legal duty to refer to Disclosure and Barring Services applies to you and ensure you make referrals when appropriate

Health and Safety

External service providers must:

●       have a risk assessment in place to reduce any risks to employees, children and young people

●       have a fire safety and evacuation plan

●       have paediatric first aid training where children aged 5 and under are attending the provision (unless you’re exempt from registration with Ofsted)

●       have first aid training and first aid kit to hand as well awareness of what to do in an emergency where children aged over 5 are attending

●       have more than one emergency contact number for each child

●       make sure you know any medical concerns or allergies

Appendix 2 - Licences

Applicants are advised that a licence, issued by Environmental Services, is required for the following forms of public entertainment, at any premises in Greater London.

1. Public music, or public music and dancing.

2. Public performances of plays (including opera and ballet).

3. Cinematograph exhibitions to which the public are admitted on payment.

4. Cinematograph exhibition for children who are members of a cinema club.

5. Public contests, exhibitions or displays of boxing or wrestling.