Booking Terms & Conditions

Lettings of School Facilities Terms and Conditions

General

These Regulations apply to the letting of all facilities forming part of and maintained by local governing bodies of the Lighthouse Schools Partnership.  Where use of the school facilities is required by Act of Parliament these Regulations apply only to the extent that they are not inconsistent with the provision of the Act concerned.

These regulations must be adhered to in the hiring of school facilities.  Any breach of these terms will result in cancellation of future hires without refund.

Facilities: The premises, grounds or facilities hired for the function as described on the lettings application form.

Function: The purpose for which the facilities have been hired as stated on the lettings application form.

The hirer: The person letting the facilities.  When an individual signs on behalf of an organisation, they shall be jointly and severally responsible with the organisation for the hire charge and any other associated costs incurred by the school as a result of a breach of these regulations.

The Lettings Application Form: The form provided by the Lighthouse Schools Partnership for the letting of facilities at the named school.

Procedure

1.        All prospective hirers must complete an online booking request Form.  No booking will be approved if not made via the online bookings system.

2.        The hirer must agree to be bound by these terms and conditions and not assign or sublet the facilities.

3.        In confirming a booking the hirer confirms they have read this document in full and agrees to abide by its contents and accepts responsibility for use of the facilities and the conduct of those attending at the facilities.

Applications for Letting of Facilities

4.        Bookings will only be accepted for a maximum period of one year between the first day of September of one year and the last day of August of the following year.

5.        When giving details of the length of time the facilities are required the hirer must state the access and exit times, allowing for any preparatory and clearing up time. The minimum period and charge of hire will be one hour.  The hirer should have due respect for lettings that may precede or follow.  The hirer can only use the facilities during the time stated on the booking confirmation.

6.        Long series lettings must meet the conditions set out in Appendix 4 to be exempt of VAT 

Risk assessments

7.         The hirer must provide risk assessments to the School Business

Manager/Headteacher not less than 10 days before the hire of the facilities. 

8.         The hirer shall carry out all risk assessments necessary for the purposes for which the facilities are let.  

9.         If the hirer is not competent in carrying out any risk assessment, the hirer must seek support/advice from the Business Manager/Headteacher of the named school.

Payment

10.      A 10% non-returnable deposit is payable and must be submitted with the Lettings Application Form.

11.  All charges must be paid as follows:

a      for regular lettings on terms to be agreed but in any event on or before the first letting;

b     for casual lettings payment must be received a minimum of 14 days before the proposed date of use.

12.  Any application made for hire of the facilities within 14 days of the hire date, the hire charge must be paid in full before the booking is accepted.  

13.  All payments must be made payable as instructed by the individual named school.

14.  The hirer shall pay the full amount as stipulated by the school, and shall not be entitled to set off any amount owing to the school against any liability, whether past or future, of the school to the hirer.

Insurance

20.  It is the responsibility of the hirer to affect all insurance required to cover their liabilities and to obtain public liability insurance cover of £5 million for their use of the school facilities.  A copy of the insurance certificate must be provided to the named school with the lettings application form.

21.  The hirer must produce evidence of insurance to the named school before the letting commences and before written approval is given.  A copy of the relevant insurance certificate will be retained on file.

 The hirer shall indemnify and keep indemnified the school from and  against:

a.    any damage to the facilities or school equipment;

b.   any claim by any third party against the school; and

c.    all losses, claims, demands, fines, expenses, costs (including legal costs) and liabilities, arising directly or indirectly out of any breach by the hirer of the licence or any act or omission of the hirer or any person allowed by the hirer to enter the premises

Charges

22.     The School local governing body is responsible for setting lettings charges, charges will be based on the following guidelines: the Policy is to set charges to bring additional income to the school taking account of Best Value, including elements such as insurance cover, heating and lighting, cleaning, staff overtime, fair wear and tear and any items subject to VAT.

23.     Details of the charges are available from each school. Charges will be made at the rates determined by the local governing body and shall be liable to change without notice to the hirer.

24.     Decisions to waive or reduce lettings fees are delegated to the Headteacher/Business Manager of each school and may be applied if the letting supports the core aims of the school.

25.     The local governing body will review annually applications for charges for regular lettings.

26.     In the event of an incorrect charge being quoted, the local governing body reserves the right to charge the correct rate.

27.     Where applicable VAT will be charged at the current rate in addition to the letting fee.

Approval/refusal of lettings

28.     The local governing body reserves the right to decline any applications at their absolute discretion, in particular where the organisation does not uphold the values of the school, or reputational damage may occur. 

29.     The local governing body will not display political favour considering applications from political parties.

30.     All lettings (including any variation in the terms of the lettings) shall not be approved or charge confirmed until approval or confirmation is given in writing by the school.

31.     The local governing body reserves the right to refuse any application, or at any time, any agreement for hire made in consequence of any application.  The school is not obliged to give a reason of such refusal or termination.  Any fees paid will be refunded or an alternative date offered, except in the case of misconduct.

32.     The facilities must not be used without a valid booking confirmationl.  Any person who uses all or part of the facilities or the school without authorisation will be charged at the appropriate rate and may be refused permission to use the school facilities in the future.

Cancellation

33.     The hirer shall give a minimum of 48 hours written notice of a cancellation to the named school. 

34.     Where a cancellation is made at any time within 21 days of the hire date the full hire charge will become due and payable by the hirer.

35.     The local governing body has the right to cancel any agreed hiring with a minimum of 14 days’ notice. A full refund will be issued if a letting is cancelled by the school. The school shall not be liable for any indirect or consequential losses, including (without limitation) any loss of profits, loss of business or the loss of any revenue arising out of the cancellation of any hire.

Special Conditions

36.     The local governing body reserves the right to impose Special Conditions in respect of any letting, series of lettings or class of lettings to protect the School or Trust employees.  The Special Conditions will be notified in writing to hirers before giving written approval and before any deposit is paid.

37.     Special Conditions may include any requirement considered by or on behalf of the local governing body to be desirable, including exclusion or admission of any person, persons or class of person or of any animal, animals or equipment, the giving of bonds or the effecting insurance.

38.     Where facilities are booked by the hirer prove not to be available during the letting, the local governing body will consider applications for ex gratia refunds of a proportionate part of the letting charge, providing that no refund shall be given for facilities not included in the letting charge. 

Legal Requirements

39.     The hirer shall comply with all applicable laws and regulations relating to its use of the facilities.

40.     This hire shall be governed, construed and interpreted in accordance with the laws of England and Wales.

41.     The school and the hirer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from this hire.

42.     The hirer shall occupy the part(s) of the facilities agreed upon as a nonexclusive licensee and no relationship of landlord and tenant is created between the hirer and the school by this agreement.

43.     The hirer shall not sub-license any of the facilities under the agreement.

44.     The hirer shall not use the facilities for any purpose other than that agreed upon in the agreement, as set out in the Lettings Application Form.

45.     Any additional uses of the facilities not agreed in writing by the school will result in the immediate termination of the agreement.

46.     The school shall retain control, possession and management of the facilities and the hirer has no right to exclude the school from the facilities.

47.     The hirer shall ensure that any activities for children under 8 years of age comply with the Children Act 2004 and that only fit persons who have passed the appropriate Disclosure Barring Service checks have access to the children.  Checks also apply where children and young people under 19 years of age and vulnerable adults are taking part in activities.  The local governing body retain the right to request written confirmation that the hirer and associate persons hold a current DBS check where appropriate.  The hirer must provide a copy of the DBS check and Child Protection Policy relating to their Function on request.

48.     The hirer shall be responsible for all matters relating to health and safety, in line with the named school’s policy, and shall be responsible for those in attendance during the specified time and must take out its own public liability insurance with a reputable insurer approved by the school and, where requested by the school, shall provide of copy of the relevant insurance certificate no less than 10 days before the start date of the licence.

49.     The hirer shall observe the maximum capacity rules of the part(s) of the facilities being hired and not allow this to be breached.

50.     If a licence in respect of all activity in the facilities is required, the hirer must ensure they hold the relevant licence(s), including those required for use of any third party intellectual property.

51.     The hirer must comply with the legal requirements concerning consumption of intoxicating liquor, music singing and dancing licences, theatre licences and copyright. 

52.     Save that nothing in the hire shall exclude or limit either party’s liability for personal injury or death arising from the negligence of either party or any other liability that cannot be excluded by law, the school shall not be responsible for any losses of a direct or indirect nature, and its maximum liability to the hirer shall not exceed the total fees paid or to be paid to the school by the hirer under the agreement.

53.     Where a licensed bar is used during a function the hirer must ensure that the correct licence is obtained and approved by the relevant authority. Preapproval must be sought from the school prior to submitting the licence application.  The conditions attaching to any licence relating to a function must be observed.

54.     The hirer shall not conduct, nor permit or suffer any other person to conduct, any illegal or immoral act on the facilities, nor any act that may invalidate any insurance policy taken out by the school in relation to the facilities. The hirer shall not carry on any activities so as to cause a nuisance or annoyance for other users of the facilities or neighbouring or adjoining facilities.

55.     The hirer shall not display any advertisement, signage, banners, posters or other such notices in the facilities without the prior written agreement from the school.

56.     Applications for regular ‘Car Boot Sales’ must be accompanied by a valid Planning Consent or a letter of exemption from the local planning authority.

57.     Lettings in respect of Childcare Schemes and Holiday Play Schemes will be subject to additional procedures currently set out in the local Council’s Guidelines for Childcare on School Premises.

58.     The hirer must comply with any legislation in force at the time of the letting. The hirer shall comply with section 12 of the Children and Young Persons Act 1933, as amended by the Licensing Act 2003.  That is to say where any play or entertainment is provided at which the majority of persons attending are children, if the number exceeds 100, it shall be the duty of the hirer to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or any other persons being admitted to the facilities or to any part of it than can be safely accommodated there and to control the movement of the children and other persons admitted whilst entering and leaving the facilities and to take all reasonable precautions of the safety of the children.

59.     The hirer will to the best of their endeavours ensure the requirements of the Equalities Act 2010 be observed at all times throughout the lettings.

60.     A no smoking policy, including no vaping, applies at all times in all parts of the named school facilities, including the grounds and car parks.  The hirer must ensure that all users of the facilities comply with this policy.

61.     No person under the age of 21 is entitled to hire the facilities.

62.     No animals/dogs are allowed on the facilities including the grounds and car parks.

63.     If the hirer breaches any of the terms and conditions the school reserves the right to terminate the agreement and retain any fees already paid to the school, without affecting any other right or remedy available to the school under the agreement or otherwise.

Electrical Appliance Safety

64.     The hirer should ensure that any electrical appliances brought by them onto the facilities shall be safe and in good working order.  The hirer must hold a current PAT Certificate and provide a copy of that Certificate prior to the letting. 

65.     Any electrical appliances used by the hirer are to be used in a safe manner in accordance with the Electricity at Work Regulations 1989.

Health & Safety

66.     The hirer must ensure they know the position of the fire extinguishers and emergency exits in the facilities, or the nearest available fire extinguishers and emergency exits.  

67.     Before the start of the letting the hirer must check the following items:

(a)  All fire exits and see they are unlocked and all escape routes are free of obstruction;

(b) That fire doors are not wedged open;

(c)  Exit signs are illuminated;

(d) That no obvious fire hazards are present.

68.     All means of exit from the facilities must be kept free from obstruction. Fire safety appliances must not be removed or tampered with in any way. 

69.     The emergency lighting supply and illuminated exit signs must not be tampered with in any way.

Outbreak of fire

70.      The fire brigade must be called to any outbreak of fire, however small.  Details of any outbreak must be given to the named school Site Manager, Business Manager or Headteacher as soon as possible.

71.     No telephone is available at the facilities outside normal office hours.  Hirers must have access to a mobile telephone.

72.      The hirer is responsible for the safety of those persons attending the function and will ensure that in the event of a fire or emergency the procedures set out below are applied

Fire and Emergency Procedures

73.     Any person discovering a fire should raise the alarm by using the nearest call point.

74.     If the alarm is raised within the facilities or any other part of the school is in use the following procedures will apply:

(a)   All staff and visitors must leave the building immediately using the nearest fire exit door. The last person is to close the doors behind them if possible;

(b)   Do not stop to collect personal belongings;

(c)   Do not use the lift;

(d)   Follow the green and white exit sign and make your way to the designated assembly point;

(e)   A member of staff or, if not present, the hirer to telephone 999 and notify the emergency services;

(f)    Nobody to re-enter the building until authorised to do so by the fire authority;

75.     Fire action notices detailing the above procedure are located throughout the school.

Condition of Facilities

76.     Whilst the local governing body gives no guarantee as to the fitness, suitability or condition of the facilities at the commencement of the letting, all reasonable efforts will be made to see that the facilities are in a reasonable condition.

77.     The hirer will leave the facilities in the condition it was found in, leaving the area clean and tidy and not leaving any of their own equipment behind.

Damage loss or accident

78.     The Trust and named school shall not be liable for loss due to break down of machinery, failure of supply of electricity or gas, leakage of water, fire, government restriction or act of God that may cause the facilities to close or the hire to be interrupted or cancelled.

79.     The Trust and named school shall not accept any responsibility for the loss of or damage to any car or other vehicle that is brought or left on the school site.

Supervision

80.     The hirer must ensure that at least one responsible adult (and where appropriate sufficient responsible adults) is present and able to supervise at all times during the letting.

81.     The hirer accepts responsibility for being in charge of the facilities at all times when members of the public are present.

82.     The hirer is responsible for ensuring that all the regulations governing the letting agreement are met, including in particular those relating to management of the facilities and supervision of all present.

83.     The hirer shall at all times maintain good order and shall ensure that no undesirable person is permitted to enter, remain or otherwise make use of the facilities.

84.     The hirer is responsible for ensuring that no one shall trespass on any part of the school not covered by the letting agreement.  Should any trespasser activate the security system the hirer shall pay any charge levied on the school.

85.     All instructions given to the hirer about parking vehicles must be observed.

86.     Parking is prohibited on the concrete paths, service roads or grass areas of the named school.

87.     Hirers must ensure that all associated users are aware that the car park is available and should be used.

88.     No cars are to be driven on to any playing fields or grass areas.  Failure to comply with this regulation will result in an immediate warning.  

89.     The hirer must ensure that cycles are not ridden on footpaths or on grassed areas around the school.

90.     Admissions to dances, concerts or similar events must be ticket only.  The hirer must keep a written record of the number of persons admitted to the facilities and leaving the facilities so that the number of people present in the building at any time can be established.  The written record shall be made available for inspection by all appropriate bodies, including the police, any authorised officer of the fire brigade, the licensing authority and the local governing body.

91.     If the facilities are let for the purposes of a private party, admission shall be by invitation only.

92.     The hirer must provide sufficient adult supervision in order to maintain good order both inside and outside the facilities.  

93.     The hirer must provide suitable security on the door to ensure control of entry and good conduct of the event.

94.     Anyone providing music must ensure that the volume is kept to a reasonable level and must not cause any interference with any other activities in the named school or inconvenience for local residents.

95.     The hirer is responsible for notifying the police authorities and local residents of any function that may cause inconvenience or temporary disruption, for example, unsociable hours or increased traffic.

Explosive and flammable Substances

96. The hirer shall ensure that:

(a)   Flammable substances are not brought onto or used in any part of the facilities;

(b)   No internal decorations of a combustible nature, e.g. polystyrene, cotton, shall be used. 

(c)   No smoke machines, lasers, strobes, real flames, firearms, special effect equipment, pyrotechnics or lighted candles (save for small candles on a birthday cake) shall be used, without prior discussion with the named school and permission from the Business Manager/Headteacher of the named school.

The Equipment and Accommodation

97.     The hirer must clear away all rubbish and leave the facilities in the condition in which they were found.

98.     In the event of any damage or defects caused to the facilities or equipment in the facilities, the hirer must notify the Business Manager/Headteacher in writing. 

99.     If there is another hirer letting the facilities immediately afterwards, that hirer should also be informed of the damage and defect.

100.   The hirer shall make good or pay for all damage (including accidental damage) to the facilities, fixtures, fittings, specialist equipment or content and any loss of content.  

101.   Any desks, furniture or equipment in the facilities must not be interfered with without the prior approval of the Business Manager/Headteacher.

102.   Standing on seats, furniture, windowsills, etc. is not permitted.  Fittings, fixtures or decorations of any kind are not permitted, other than purely temporary arrangements that require no nails, screws or other fixed devices that would damage or disfigure part of the facilities.

103.   Chalk, resin or polishing materials may not be used on floors.

104.   Where the named school has lighting equipment and sounds systems the following applies: The lighting arrangements and sound systems of the facilities must not be supplemented or altered, without prior discussion with the appropriate member of staff and permission from the Business

Manager/Headteacher.  Specialist equipment such as a public address system must not be installed by the hirer, except with the written approval of the School Business Manager/Headteacher.  If the main purpose of the let is the use of the equipment, then VAT should be charged on the whole value of the let.

105.   If the hirer wishes to install any specialist equipment, the hirer must give the Business Manager/Headteacher a minimum of 14 days’ notice together with written details of the equipment that the hirer wishes to install. 

106.   Specialist rooms and equipment, including gymnastic equipment, public address systems, stage lighting and pianos are not included in the letting agreement unless specifically mentioned in the Lettings Application Form and approved in advance by the Business Manager/Headteacher.

107.   Before the Business Manager/Headteacher gives approval of the use of any specialist rooms and equipment, the hirer must give details of the name(s) and qualifications of the person or persons using the rooms and equipment.  If the Business Manager/Headteacher gives approval, the hirer is responsible for the proper use of the specialist use and equipment.

108.   The local governing body does not provide first aid facilities for the hirer, or guarantee access to a telephone for calling assistance during lettings.  Hirers must make their own arrangements in this respect.

109.   All accidents causing injury and incidents with potential for injury must be reported to the school as soon as possible after the event.  

110.   The local governing body does not undertake to provide suitable chairs or seats for use by the hirer.   

111.   Any furniture provided by the hirer must be removed immediately after the end of the letting.

Vacation of the Facilities

112.   The hirer shall ensure the facilities are vacated by all people attending the function within the time specified within the Lettings Application Form. The hirer shall ensure that any articles taken to the facilities are removed at the end of the function. If the articles are not removed, the local governing body reserves the right to charge the hirer for each day, or part of a day, until the articles are removed.  Failure to remove articles at the end of the function, in

the event causing significant disruption to the named school, will be charged a sum to reflect the inconvenience to the named school.  

113.   After using the facilities, the hirer shall carefully check there are no apparent fire or security risks and all doors and windows are closed and secured.

Catering Facilities

114. Where catering facilities are available the following special conditions apply:

(a)  A separate charge will be made to use the school catering facilities in addition to the standard charges for the letting;

(b) A member of the named schools’ contracted Catering Staff must be present whilst the catering facilities are being used.  The requirements of that member of staff must be obeyed unless specific permission for sole use of the kitchens has been given by the local governing body within the letting agreements. The hirer is responsible for the proper use of the facilities if approval is given.  Any application to use these facilities must specify the name and qualifications of the person(s) using the equipment;

(c)  There must be no smoking or vaping in any kitchen by any person handling food or catering equipment;

(d) School tea cloths must not be used;

(e)  The kitchen and equipment must be left as clean as it is found;

(f)  School crockery and cutlery must not be used except by special permission of the Catering Company;

(g)  Tables must be covered before use and washed after use;

(h)  Any other special conditions that may be specified by the Catering Company and named school Business Manager/Headteacher.

Grounds and Playing Fields

115.   The following regulations governing grounds and playing field.

116.   Any applications to use the playing fields will be considered by the local governing body.  Charges for the use of the playing fields will be calculated pursuant to the charging guidelines.

117.   The local governing body is responsible for the final approval of letting of the playing fields.

118.   The local governing body do not give any guarantees to the standard of any of the playing fields nor of the maintenance or improvement of this standard during the season. The hirer shall be deemed to be aware of the state of any of the playing fields upon submitting the application and the application will be deemed to be for the particular playing fields as seen.

119.   The named school Business Manager/Headteacher shall decide whether any of the playing fields is fit for use and their decision shall be final.

Compliance with Regulations

120.   If the hirer fails to comply with any of these Regulations whether intentionally or not, such failure may be deemed by the local governing body to be just cause for the immediate cancellation of any letting or fees for letting.

121.   If facilities prove not to be available during the letting, the local governing body will consider applications for refunds of a proportionate part of the letting charge.  No refunds will be given for facilities not included in the letting charge.

122.   The local governing body’s decision as to any refund will be final.