“The Bookings Administrator” means – the Venues Coordinator, Trading & Commercialisation;
“Data Protection Legislation” means (i) the General Data Protection Regulation 2016/679, the Law Enforcement Directive 2016/680 and any applicable national implementing laws as amended from time to time (ii) the Data Protection Act 2018 to the extent that it relates to the processing of personal data and privacy; and (iii) all applicable Law about the processing of personal data and privacy;
“The Hirer” means any person, group or organisation identified on the hire application form (subject to clause 4(a) below);
“The Venue” means those facilities identified on the booking form.
2. RIGHT OF ENTRY
The right of entry to all parts of the facilities is reserved at all times to authorised officers of The Facility, Durham Police, County Durham Fire & Rescue Services, North East Ambulance Services and their duly authorised agents or assistants.
3. PAYMENTS & VAT
a) Unless it is agreed that payment is due on the day of the activity, an invoice for the amount due shall be issued to the Hirer, payment of which is due immediately upon receipt. No receipt for payment shall be issued unless requested.
b) A charge will be made for extra staff (in addition to the technician) for large/out of hours events in order to comply with health and safety legislation.
c) Damage to property – an additional charge will be made in the event of undue damage to the venue or in cases where extra cleaning staff are required.
d) Any additional costs shall be charged for and invoiced to the Hirer after the hire date. Payment of additional costs is due within 14 days of the receipt of the invoice.
e) Please note that VAT is chargeable on staffing.
4. BOOKING INFORMATION
The person signing the application for hire of the Venue shall be the Hirer except where the signatory represents a group or organisation which is a legal entity in its own right.
The terms and conditions of booking are binding on the Hirer from the date The Facility accepts the booking.
The Hirer must not occupy the Venue for a longer period than set out in the booking form and must make allowance in that period for all activities including preparation, setting up, dismantling and removal of all apparatus and equipment. The Venue shall be vacated and cleared promptly, failing which additional charges will become payable in accordance with a tariff of charges and additional charges published from time to time.
If the venue is booked for a number of consecutive days then provided permission is sought and obtained in writing, the Hirer’s or a third party’s equipment may be stored at the Venue always at the Hirer’s own risk.
Meetings, events or other assemblies taking place at the Venue must not be publicly announced or advertised until the booking has been accepted by The Facility and you have received written confirmation of the booking. The Facility reserves the right to approve any matter, including advertisements, for inclusion in programmes relating to events to be held at the Premises.
The Hirer shall be responsible for good order and conduct during the course of the event. The Facility reserves the right to expel or arrange for the removal from the Venue of anyone who behaves in a disorderly, indecent or intoxicated manner. The Facility reserves the right to order the Venue to be vacated and to terminate the letting without payment of compensation if the Venue is used for unseemly or undesirable purposes.
The Hirer must ensure that the Venue facilities, including the changing facilities, are left in a clean and tidy condition. Where the Hirer has used the outdoor pitches, the Hirer must ensure that players remove muddy boots before entering the facility and changing area. Washbasin and showers are not to be used for cleaning boots.
The Hirer must take good care of and not cause any damage to the Venue or to any fixtures and fittings, equipment or other property in or upon the Venue. The Hirer shall repay The Facility on demand the cost of reinstating or replacing any part of the Venue or any property in or upon the Venue which shall be damaged, destroyed stolen or removed during the period of the hire by any act or negligence of the Hirer or anyone permitted by the Hirer to enter the Venue. The amount of the cost shall be certified by the Bookings Administrator whose certificate shall be final.
Unless the Hirer can show before the commencement of the period of hire that any property of the Venue on the Venue is damaged, such property shall be deemed to have been damaged during the period of hire.
With the exception of guide dogs, no other animals are allowed into the venue without prior written permission from The Facility
j) No copyright work (other than copyright music the performing rights of which are vested in the Performing Rights Society Ltd) (“PRS”) shall be performed without the licence of the owner of the copyright. Nor shall any sound recording embodied in any medium including by electronic means be used without the licence of the Performing Right Society Ltd, 29/33 Berners Street, London W1P 4AA.
It is the Hirer’s responsibility to ensure that PRS and all other associated Licences, including PPL (Phonographic Performance Limited) and MPLC (Motion Picture Licensing Company), are obtained wherever applicable.
The Hirer shall produce such licence or licences to the management not less than seven days before the commencement of the engagement to which the licence or licences relate. If the Hirer should fail to provide such licences within the time so specified, then The Facility may cancel the engagement without incurring any liability to the Hirer whatsoever.
The Hirer shall indemnify The Facility against any loss or damage incurred by The Facility arising from the infringement of any copyright which may occur during the hire period.
The bye-laws applicable by The Facility, in general, shall apply to the hiring and use of the Venue.
5. Data Protection and Use of Personal Data
The Facility abides by the Data Protection Legislation and for the purposes of the legislation, PVCC The Facility is the Data Controller for any personal data provided to The Facility via this form.
The Facility will keep all information including personal data provided via this form in accordance with The Facility’s relevant data protection and privacy policies as amended from time to time which is available upon request.
The Facility will keep all information including personal data provided via this form for the purposes of providing or administrating the services requested and may also use this information and the personal data included to notify you of similar activities and keep you updated with The Facility information. You have the choice to opt-out of this communication by notifying The Facility in writing. The Facility is under a duty to protect the public funds it administers and to this end may also use the information and personal data provided via this form for the prevention and detection of fraud, and may therefore share this information with other departments of The Facility and external bodies responsible for auditing or administering public funds.
The Venue is solely for use by the Hirer and must not be sublet or assigned to anyone else.
6. USE OF THE VENUE
The Hirer must:
a) be aware that The Facility operates a strict No Smoking Policy which it has adopted in light of its obligations on health. The policy applies in all facilities, buildings and their perimeters, which includes the grounds. Hirers are required to make all participants and guests aware of the policy and to ensure there is no smoking (including e-cigarettes). The Facility reserves the right to refuse future bookings from hirers who fail to do this.
b) not bring into the Venue flammable or dangerous substances or materials without prior written permission from The Facility
c) ensure that all equipment brought to the Venue is in a safe condition. The Hirer shall take adequate precautions and comply with all regulations in force in respect of the use of such equipment.
d) ensure that all electrical installations to be installed at the Venue shall comply with: -
Electricity at Work Regulations 1989;
Provision and Use of Work Equipment Regulations 1998;
BS 7671:2008 IETWiring Regulations 2008 17th Edition incorporating amendment 3 2015; and
BS 7909:2011 Code of Practice for temporary electrical systems for entertainment and related purposes.
Where necessary, the Hirer shall identify a suitably appointed person who shall accept overall responsibility for all temporary electrical systems required for the event. The responsible person should have sufficient and suitable competence to deal with the size and complexity of the work involved. They should have sufficient knowledge, relevant skills and practical experience for the nature and complexity of the duty to be undertaken and able to prevent danger and injury to themselves and others. They should ensure that all necessary inspection and testing is carried out and recorded. They should also ensure that all the relevant certificates are completed, signed off and made available to any parties that require such evidence.
e) where necessary arrange with The Facility’s management for the attendance of Police Officers or Security Industry Authority (SIA) personnel at the Venue.
f) not permit the Venue to be used for any purposes other than that as identified on the application form and in any event, shall not use or permit the Venue to be used in any way which places unusual or excessive demands upon the Venue or for any unlawful or immoral purpose;
g) not permit betting at the Venue;
h) not damage or alter any part of the Venue or equipment or place any undue strain on the Venue or its services (e.g overloading electrical circuits). If any special facilities (e.g special lighting) are required, the Hirer should contact the Bookings Administrator prior to the hiring so that appropriate arrangements can be made
NB: In the event of accidental damage a member of staff should be contacted immediately. All repairs following accidental damage will be charged to the Hirer and to the satisfaction of The Facility.
i) provide adequate first aid arrangements which may be determined by The Facility;
j) comply with any instructions given by The Facility in connection with the Venue and in particular:-
furniture is not to be moved except with the permission of The Facility
no display material may be fixed to walls, fittings or furniture other than display screens provided for that purpose
exits and gangways must not be obstructed
k) comply with all statutory requirements which apply to the Venue e.g. safety certificates, and obtain any licences necessary for the proposed activity to be carried out, for example, a temporary event notice;
l) not sell alcohol or other concessions at the Venue without obtaining the necessary licence and permission from The Facility
m) not bring or allow others to bring wines, spirits, beers, soft drinks or food onto the Venue for consumption on the Venue without prior written permission from The Facility
n) not engage private caterers without written permission from The Facility
o) be responsible for the safety of those people using the Venue in the event of a fire or other emergency. The Hirer shall co-operate with the The Facility’s fire procedures and will be provided with a sheet detailing those procedures
p) at the end of the hire promptly remove all items brought into the Venue by or on behalf of the Hirer, including rubbish and food waste and ensure the Venue is left in a clean, tidy and hygienic condition. If the Hirer fails to do so, The Facility may reinstate the Venue to its original condition and the reasonable costs of undertaking such actions be charged to the Hirer.
q) report back to The Facility any feedback or suggestions that could improve the Venue for future bookings.
NB The Facility is not responsible for nor accepts any liability for:
any equipment or apparatus brought onto the Venue by the Hirer or a third party
any food or drink brought on to or prepared at the Venue by the Hirer, a private caterer or any third party
7. CANCELLATION BY THE The Facility
a) The The Facility may cancel this Agreement where:
The Facility considers the purpose of the hire of the Venue shall cause or is likely to cause offence to the public or cause damage to the reputation of The Facility;
the occurrence of any circumstances over which The Facility has no control renders the Venue unavailable on the days/days on which the booking is to take place. In those circumstances as much notice as is reasonably possible will be given to the Hirer;
The Facility shall not be liable to the Hirer for any resulting loss or damage caused under this Clause 7;
Any deposit or charge paid in advance will be repaid to the Hirer.
8. CANCELLATION BY THE HIRER
All cancellations must be made in writing and addressed to the Bookings Administrator not less than 7 days before the date of the event
b) The The Facility reserve the right to make a cancellation charge if the event is cancelled within four weeks of the date of the event in accordance with the following scale:-
i) within 7 days of the date 100% charge
ii) within two weeks of the date 75% of the hire charge
iii) between two and four weeks 50% of the hire charge
prior to the date of the event
9. TERMINATION OF HIRE
The Facility may terminate this hire agreement with immediate effect if:-
i the Hirer fails to pay the hire fee within 28 days of receipt of the invoice from The Facility, or if a payment instalment has been agreed with the The Facility and Hirer fails to make payment in accordance with the payment instalment arrangement after being notified they have failed to make such payment; or
ii the Hirer is found by The Facility to be in breach of any of these terms and conditions.
Upon termination of this hire agreement, however, caused: -
i The The Facility’s consent to the Hirer’s use of the Premises shall terminate;
ii The Hirer shall pay The Facility the amount of the hire fee that remains unpaid at the date of termination together with interest accrued at a daily rate of 8% above the Barclays Bank base rate and any costs and expenses incurred by The Facility in collecting the hire fee due under the hire agreement.
10. INDEMNITY AND INSURANCE
a) The The Facility accepts no liability whatsoever for any accident, loss, damage or another claim which may arise therefrom (unless such loss or damage is caused by the negligence of The Facility) or from any misuse of the Venue by the Hirer, and the Hirer agrees to indemnify The Facility against such claim or liability. The Hirer shall ensure that it has in place a policy of insurance to cover its liability in respect of any act or default for which it may become liable to indemnify the The Facility under this clause and shall produce to the The Facility if requested, evidence of such insurance.
b) The Hirer shall be responsible for and repay to The Facility on demand the cost of making good any damage to the Venue, fixtures, fittings, equipment or other property of The Facility.
c) The Facility strongly recommends that the Hirer seek professional advice on insurance.
While the Venue may include car parking spaces The Facility is not responsible for the provision of parking facilities in connection with any event organised by the Hirer. The facility shall not accept responsibility for loss or damage to any vehicle or articles left in any vehicle parked on The Facility’s property.
12. ADVERTISING AND PUBLICITY
Advertising for meetings, events or other assemblies is the responsibility of the Hirer. The Facility reserves the right to approve advertisements or other publicity for inclusion in programmes relating to events to be held at the Venue. The Hirer is responsible for ensuring that any such material is made available to the The Facility for inspection prior to its release. No photographs, video or film may be taken in the Venue for commercial purposes, press release or public reproduction without the consent of the The Facility;
The Facility can feature your event in the online listings on the The Facilities website –and in The Facility publications. For further information please email your request to inf
c) If you wish us to sell tickets for you, please note that we must deduct VAT at 20% from any ticket income, before paying you the balance.
13. SPECIAL CIRCUMSTANCES
It is the Hirer’s responsibility to draw to The Facility’s attention to any circumstances requiring special arrangements which would involve additional costs to The Facility. Failure to do so may result in the booking being cancelled. In such an event The Facility cannot accept any liability for any other expenses which the Hirer may have incurred in the course of the hire.
Should the Hirer wish to make a complaint arising out of the booking process or subsequent event it must be made in writing within 14 days of the event taking place. Correspondence must be addressed to the Bookings Administrator.
The Facility reserves the right to vary these terms and conditions and the level of hire charges from time to time at its sole discretion.
16. THE CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
This agreement shall be governed in accordance with the laws of England.