Venue Hirer Terms & Conditions

Kent County Council, Libraries Registration & Archives

CONDITIONS OF HIRE

1. LICENCE AND USE OF ROOM(S)

1.1. Subject to clause 2, KCC permits the Hirer during the Hire Period to:

(a) use the Room(s) for the Activity;

(b) use KCC equipment and facilities in common with KCC and all others authorised by KCC as may be agreed by KCC; and

1.2. The Hirer acknowledges and agrees that:

(a) the Hirer shall have the right to enter and use the Room(s) as a licensee and that no relationship of landlord and tenant is created between KCC and the Hirer by this agreement;

(b) use of any access ways or common parts in accordance with clause 1.1 is by way of licence only and does not create any legal or equitable easement;

(d) KCC retains control, possession and management of the Room(s) and the remainder of the building and the Hirer has no right to exclude KCC from the Room(s) or remainder of the building;

(e) at any time when the Hirer is not using the Room(s) KCC may use the Room(s) in connection with KCC's own business;

(f) the building is open to all members of the public and the Activity should be considered appropriate for KCC audiences. KCC reserves the right to remove any exhibits or stop any talks and/or performances or any other aspects of an Activity it deems in its sole discretion (the decision of KCC shall be final on this matter) to pose a risk to visitors or are in any way inappropriate, or offensive.

(g) the Hirer must not use, permit or allow Room(s) or any other part of the building to be used for any extremist or terrorist activities or for the dissemination of extremist views or materials;

(h) the Hirer must not use the Room for any activities which are illegal or activities which may be or become a nuisance, annoyance, inconvenience or disturbance to KCC, its customers or any owner or occupier of neighbouring property;

(i) KCC reserves the right to refuse, change or cancel a booking at any time. Bookings will not be accepted from any individual under 18 years of age.

(j) KCC may be permitted to review all containers, bags, boxes and equipment coming into or leaving the Room, including those brought to the Room by guests during the Hire Period;

(k) not to smoke or permit smoking (including e-cigarettes) anywhere in the Room;

(l) not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Room;

(m) not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Room without the prior written consent of KCC;

(n) not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances in the Room, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of KCC;

(o) to leave the Room in a clean and tidy condition and to remove the Hirer’s decorations, displays and any other Hirer equipment from the Room at the end of the Hire Period;

(p) to ensure that all guests leave the Venue by the time specified in the Hire Details above.

1.3. The Hirer shall ensure that the guests behave in a responsible and safe manner during the Activity and KCC reserves the right to remove or request that the Hirer remove guests that do not do so from the Activity and the Rooms.

2. CHARGES

2.1. The Hirer agrees and undertakes to pay to KCC the Charges without any deduction.

2.2. KCC shall issue an invoice for the Charges , which shall be payable by the Hirer no less than [5] Business Days before the Event.

2.3. KCC may issue an additional invoice after the Event for any further Charges due which were not included in the invoice issued pursuant to clause 2.2. Such Charges may include those payable for any final alterations to the Services. Charges invoiced pursuant to this clause 2.3 shall be payable by the Hirer within [30] days of receipt.

2.4. All amounts payable by the Hirer exclude amounts in respect of value added tax (VAT), which the Hirer shall additionally be liable to pay to KCC at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.

2.5. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

3. CANCELLATION

3.1. KCC reserves the right to cancel a booking at any time but will give at least 3 full working days’ notice unless in emergency situations. Any amounts paid in advance will be returned in the event of a cancellation by KCC. For the avoidance of doubt, KCC shall not be liable for any loss sustained or expenses incurred by the Hirer for any cancellation or termination of an Activity by KCC;

3.2. The Hirer may cancel the Contract by giving notice in writing to KCC. Cancellations by the Hirer will be subject to the following cancellation charges:

(a) Cancellation 4 weeks or more before the first date of the Activity - no Charges;

(b) Cancellation less than 4 weeks before the first date of the Activity- 50% of booking Charges.

3.3. If the Contract is cancelled under clause 3.2, any sums already received by KCC)] under this Contract will be deducted from the cancellation fee.

4. HIRER OBLIGATIONS

4.1. It is the Hirer’s responsibility to ensure that the building, the Room(s) and KCC equipment is suitable for the Activity and a site check to ensure the suitability of the Room should be arranged with the Manager or their authorised deputy prior to booking as KCC takes no responsibility or liability due to the unsuitability of the Room(s).

4.2. The Hirer agrees and undertakes:

(a) to use the Room(s) solely for the Activity during the Hire Period only and such Hire Period must be within normal opening hours of the building unless otherwise agreed in writing by KCC;

(b) to obtain, at their own expense, all the necessary licences required in connection with the Activity and the use of the Room(s) and to observe and comply with all conditions attaching thereto including all necessary permission from the owners of copyright in musical, dramatics, literary, cinematic and other works as required by the Copyright Act 1988 and to indemnify KCC in respect of any infringements of such copyright;

(d) to be responsible for the removal of the Activity on the specified end date of the Activity or such earlier date as KCC may specify;

(e) to keep the Room(s) tidy and clear of rubbish;

(f) not to cause any damage to the Room(s), building, KCC equipment and the possessions of KCC and other visitors at the building, nor to alter the Room(s) in any way. Any damage must be reported immediately to the Building Manager or their deputy;

(g) not to serve alcohol without the express prior agreement of KCC;

(h) not to obstruct the access ways or common parts of the building;

(i) to be responsible for the conduct, appearance and presentation of the Activity and for behaviour, hygiene, health and safety matters and safeguarding relating to the Hirer's Activity and the visitors as appropriate;

(j) that where the Room will be used for Activities involving children and/or vulnerable adults, the Hirer shall comply with the provisions of Childcare Act 2006 and the Safeguarding Vulnerable Groups Act 2006. KCC may request the Hirer to provide a copy of its safeguarding policy.

(k) to be responsible for providing first aid cover for the Activity;

(l) to inform the Building Manager in the event of an accident or emergency;

(m) to be responsible for all persons attending the Activity including the conduct and stewarding of people attending. A designated person should be responsible for liaising with KCC;

(n) to comply with all relevant health and safety legislation and to observe any reasonable rules relating to behaviour, hygiene, health and safety that KCC imposes on all those who use the building;

(o) to familiarise themselves with the routine to be followed in case of a fire provided by KCC and be aware of exits and meeting points at the building. The Hirer is responsible for ensuring that persons attending the Activity under their control are cleared from the building in the event of a fire. The Hirer should ensure that all due care and attention is paid to reducing the risk of fire in the building;

(p) to provide all equipment required for carrying on the Activity except as provided by KCC under this agreement and to ensure the same is made from suitable fire resistant materials. Any additional furniture or equipment used during the Activity must be approved in advance by the Building Manager;

(q) not to do anything that will or might vitiate in whole or in part any insurance arranged by KCC in respect of the building or increase the insurance premium;

(r) not to remove any KCC equipment or furniture;

(s) to undertake all risk assessments relating to the Activity and any related activities of the Hirer;

(t) to ensure that any electrical equipment connected to the building’s electricity supply is PAT tested by a qualified electrician prior to installation;

(u) to indemnify KCC and keep KCC indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:

i. any breach of the Hirer's obligations contained in this agreement; and

ii. the acts or omissions of the Hirer or any person under the Hirer's control/attending the Activity.

5. KCC'S OBLIGATIONS

5.1. KCC agrees and undertakes:

(a) to have in place building insurance for the building and to provide the Hirer with a copy of the policy upon request;

(b) to use its reasonable endeavours to keep the building open for business and accessible by the Hirer, during the opening hours. KCC reserves the right to vary opening times due to seasonal changes and/or outside influences or other unforeseen circumstances without notice; (c) to provide the Hirer with use of KCC equipment and facilities as agreed; (d) to comply with all relevant hygiene, health and safety legislation in respect of the building; (e) not to do or permit to be done in the building anything which is illegal or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Hirer;

6. INSURANCE

6.1. The hirer is required to make arrangements for suitable insurance cover (currently a minimum of £5 million for each and every claim for public liability) with a reputable company in respect of claims which might be made against them by a third party for accidental injury including death or accidental loss, or damage to property arising out of, or in consequence of, the letting and to cover LRA, and must produce proof of the policy before the letting is contracted.

6.2. However, if hirers are unable to provide insurance cover which meets the council’s requirements, cover must be arranged through the KCC Hirers Liability Policy, for which a contribution towards the cost of the KCC Hirers’ Liability Policy equal to 3.15% of the total hire charge will be levied in addition to the hire charge itself. The user will be responsible for the first £350 of each and every property damage claim. The policy will not cover liability of a Hirer using the premises for political purpose, nor for commercial or business use (except a non-profit-making venture where any charge made covers no more than the operating costs).

7. TERMINATION

7.1. This agreement shall end on the earliest of:

(a) The expiry of the Hire Period;

(b) immediately or such other period as KCC may decide in its sole discretion if the Hirer breaches any of the Hirer's obligations under this licence.

8. LIMITATION OF KCC'S LIABILITY

8.1. Subject to clause 8.2, KCC is not liable for:

(a) the death of, or injury to, the Hirer or the Hirer's visitors;

(b) damage to, or theft of, any possessions or exhibits of the Hirer, or any possessions of the visitors to the Activity including in respect of any vehicles that may be parked at the building connected in any way with the Hirer. There are no specific security arrangements for the Room(s). Where necessary, the Hirer is required to arrange its own security arrangements;

(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Hirer, or the Hirer's visitors resulting from the exercise or purported exercise of the use granted by clause 1;

(d) any losses, damages, costs or expenses or other liability incurred by the Hirer due to the cancellation or termination of an Activity.

8.2. Nothing in clause 9.1 shall limit or exclude KCC's liability for:

(a) death or personal injury or damage to property caused by negligence on the part of KCC or its employees; or

any matter in respect of which it would be unlawful for KCC to exclude or restrict liability.

9. THIRD PARTY RIGHTS

A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

10. GOVERNING LAW

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

11. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). This agreement has been entered into on the date the Hirer receives booking confirmation from KCC.