Terms and Conditions for Hire of Henwick Tennis Courts

 1 GENERAL INFORMATION

1.1 In these conditions the following words shall have the meaning set out below:

1.2 "The Council" is West Berkshire Council

1.3 The "Hirer" is the person named in the Booking Form. Where an organisation or other corporate body is associated with the application, they shall also be considered to be "The Hirer and shall therefore be jointly liable with the person who signs the Booking Form.

1.4 The "Facilities" are any rooms, pitches, playing areas, car parks or surfaces connected with the hire, including associated changing rooms and toilet facilities.

1.5 The "Equipment" includes goal posts, nets, corner flags, and any other equipment provided by the Council for sporting activity.

1.6 The "Facility Manager" is the manager of the facility on site or his appointed representative.

2 BOOKING PROCEDURE AND PAYMENT

2.1 The Hirer must complete and return a Booking Form and/or have the booking evidenced in writing for each hire period as agreed by the Council.

2.2 For booking confirmation arrangements please refer to Section 7.

2.3 The Hirer shall not assign, sublet or transfer any aspect of the booking to a third party without the consent of the Council.

2.4 Payment for the usage of the Facility shall be in accordance with the terms laid out in Section 7 of these conditions.

2.5 For booking cancellation penalties please refer to Section 7.

3 TERMS OF THE BOOKING

3.1 All bookings are inclusive of the provision of equipment.

3.2 The Facility is for hire only at the discretion of the Council and it shall have the absolute right to decline any application without offering any reason. Where the booking is made on site, i.e., Tennis, the discretion to decline an applicant lies with the Facility Manager.

3.3 The Council reserves the right to cancel any hiring by giving not less than 14 days written notice in the case of a block booking and 48 hours notice in the case of casual bookings.

3.4 The Facility Manager on site reserves the right to stop any sports or meeting not properly conducted and may if he thinks fit, charge the Hirer for any extra expenses he may incur in engaging Police Constables or Officials of the Council to preserve order to, during or after any sports or meeting on the premises.

3.5 The Facility Manager on site has the authority to refuse admission to the Facility to any person or persons whom he thinks is undesirable to admit and the Hirer shall take steps to implement such refusal where the person or persons are connected to the Hirer's party.

3.6 The Hirer shall when hiring pitches at Northcroft, Linear Park, The Diamond and Moorside, at the start of the period of the hiring be issued by the Council with a key to the Changing Accommodation subject to prior payment of a deposit fee.  The Council will inform the Hirer of the amount of the deposit fee prior to the start of the hire period.  This fee will be reimbursed to the Hirer at the end of the period of the hiring upon return of the key.

3.7 Smoking is not allowed indoors in any part of the Facility.

3.8 The Hirer shall not permit anything to take place at or in the Facility during the hiring which is unlawful or of disreputable character contrary to public decency of good behaviour or in any way such as to endanger any licence held in connection with the Facility and the Facility Manager on site or his nominee shall have power to remove any offender.

3.9 The Hirer shall not be allowed, without the consent in writing of the Council to provide or sell any food or other refreshment in the Facility.

3.10 The Hirer shall be responsible for informing the Council of any cancellations 48 hours in advance of the period of hiring. In the event of a cancellation not being notified on time, the Hirer shall be responsible for full payment of the booking.

4 EQUIPMENT

4.1 The Hirer must make no attempt to move or otherwise tamper with any of the Facility's equipment unless under the supervision of or with the permission of the Facility Manager on site.

4.2 The Hirer is responsible for ensuring that his own equipment is properly maintained and does not present a hazard to participants.

4.3 The Hirer is responsible for the repair or replacement of any of the Facility's equipment if damaged during the period of Hire, at the discretion of the Facility Manager on site or the Council.

5 SAFETY AND SUPERVISION

5.1 The Council shall not be responsible or liable for in respect of any damage to or loss of any property placed or left at or in the Facility by or on behalf of any other person in connection with the use of the Facility. This clause shall not exclude liability of the Council for damage to any property caused by negligence of the Council's employees.

5.2 The Hirer is responsible for ensuring that adequate supervision is provided where children under the age of 16 are engaged in activities at the Facility (for special conditions see Section 7).

5.3 No exits may be blocked, chairs or obstructions placed in corridors or fire appliances removed or tampered with.

5.4 The Hirer shall be responsible for ensuring that all persons using the Facility are properly attired and are wearing suitable footwear. The decision of the Facility Manager as to whether attire or footwear is deemed suitable shall be final and binding.

5.5 The Hirer is responsible for ensuring that adequate First Aid cover is available during the period of the Hire. The Hirer should check with the Facility Manager on site to determine appropriate levels of cover.

5.6 The Hirer should check the pitch before kick off to ensure that no hazardous items have been deposited on the pitch since the Council last litter picked it.

6 ACCIDENTS AND INSURANCE

6.1 All accidents and incidents must be reported to the Facility Manager on site or the Council as soon as possible and in any case within 48 hours. Where appropriate an Accident Report Form should be submitted at this time (see Section 7).

6.2 The Hirer shall be responsible for any accident whatsoever resulting in death or personal injury to another unless such death or personal injury has been caused by the negligence of the Council or its employees.

6.3 Where the Hirer is a Club, or Organisation or an Individual who is hiring the Facility, a copy of the Hirer's Public Liability insurance policy is to be produced upon completion of the booking details.

6.4 Hirers who do not hold Public Liability insurance must make the Council aware of this at the time of completing the booking details. The Hirer will only be indemnified by the Council's Insurance Policies for damage to Council owned buildings by the hirer's negligence in respect of a Community Hire. Commercial organisations must provide proof of £5 million Public Liability Insurance in accordance with the Council's rules of procedure. No person to person Insurance Policies can be provided to any hire under any circumstances. The Council's Insurance Policies will only respond to claims made against the Council for its own negligence, not to any third party for their liability.

6.5 It is the Hirer's responsibility to ensure that all supervisors or instructors engaged by them are appropriately qualified to carry out their duties.

6.6 Authorised Officials and Servants of the Council and Police and Fire Officers on duty, whether in uniform or not, shall be permitted to have free access to the Facility at all times during the continuance of the Hirer's letting.

7 SPECIAL CONDITIONS

7.1 The Facility Manager is the Manager of the Facility on site or his authorised nominee (who will act on behalf of the Joint Management Committee, West Berkshire Council and Thatcham Town Council).

 

Block Bookings & Casual Bookings

7.2 Full settlement of each invoice must be forwarded to West Berkshire Council at least seven days for block bookings and three days for casual bookings, before the commencement of the period of hire.

7.3 The Facility Manager reserves the right to suspend the hiring in the event of adverse weather conditions or in the event of the pitches being unsuitable for use. The period of such suspension for whichever reason being at the discretion of the Facility Manager and /or the Council whose decision is final.  Where the Facility Manager is unavailable, this decision should be taken by the referee, instructor or supervisor.

7.4 The Hirer must ensure the Council is informed of any such decision taken by the referee, instructor or supervisor to suspend the hiring in the event of adverse weather conditions or in the event of the pitches being unsuitable for use. The Council and/or the Facility Manager must be informed of any such cancellation by telephoning 01635 519345 during weekdays or weekends telephone 01635 869180 (leave answer phone message) or 07714 799711.

7.5 In the event of such cancellation referred to in condition (6) and (7) hereof any deposit or other money paid to the Council in connection with the hiring shall be repaid to the Hirer provided that if the hiring had commenced only a proportionate part shall be refunded. The Council shall not incur any other liability to the Hirer by reason of any such cancellation.

7.6 The Hirer will, during the period of the hiring be entitled to use the Changing Accommodation and shall be responsible for supervision of the Changing Accommodation, the fabric and the contents, their care and safety from damage however slight or change of any sort and the behaviour of all persons using the Changing Accommodation whatever their capacity.

7.7 The Hirer shall at the end of the period of hire leave the Changing Accommodation in a clean and tidy condition, and any contents removed from their usual positions properly replaced and leave the Pitches in a clean and orderly state to the satisfaction of the Facility Manager and/or the Council. Failure to do so may result in charges being incurred by the Hirer.  Note:  At Northcroft, Linear Park, the Diamond and Moorside the Hirer is responsible for sweeping mud and grass from the Changing Accommodation using the broom provided.  The Hirer is also responsible for ensuring the Changing Accommodation is left properly locked and secure at all of these Sites.

7.8 The Hirer shall be entitled to set up and use the nets and corner flags stored in the Changing Accommodation in connection with the use of the Pitches for the period of the hiring and shall ensure that when not in use on the Pitches they are replaced in the Changing Accommodation.

7.9 The Hirer must ensure that no cars or other motor vehicles are parked on the pitches or any adjoining land other than areas specifically allocated for the parking of such vehicles where such areas exist. Where no areas are allocated for parking of vehicles, the Hirer must ensure that the parking of motor vehicles is properly controlled so as to ensure that no part of any highway is obstructed.