Parks & Leisure Services
Terms and Conditions of Greenark Hire
By hiring the Greenark hall you are agreeing to these terms and conditions of hire. Please note that any breach of these terms and conditions may result in the cancellation of bookings without refund and the Council refusing to accept bookings from the Hirer in the future.
1. Definitions and Interpretation
The following terms shall have the following meanings:
‘Council’ means Guildford Borough Council
‘Hirer’ means the person or organisation hiring the Greenark
‘Officer’ means the booking officer
‘Period of Hire’ means the date(s) on which the Greenark is hired by the hirer
‘Purpose of Hire’ means the purpose for which the Greenark will be used during the
Period of Hire
In these Conditions:
1.1 terms defined in the Booking Form have the samerespective meanings as in these Conditions;
1.2 words importing one gender shall be construed as importing any other
gender;
1.3 words importing the singular shall be construed as importing the plural and
vice versa;
1.4 references to persons include bodies corporate;
1.5 any undertaking by the Hirer not to do an act or thing shall be deemed to
include an obligation (to use reasonable endeavours) not to permit or suffer
such an act or thing to be done by another person;
1.6 references to ‘the Greenark’ save where the context otherwise requires includes
where appropriate, the ancillary areas that the Hirer is contracted and permitted to
use;
1.7 the headings do not form part of these Conditions and shall not be taken into
account in their construction or interpretation;
1.8 any reference to a specific statute includes any statutory extension or
modification amendment or re-enactment of such statute and any regulations
or orders made under such statute and any general reference to ‘statute’
includes any regulations or orders made under such statute or statutes.
2. Corporate Hirer
2.1 If the Hirer is a corporate body the Hirer must not later than 5 days before the
commencement of the Period of Hire notify to the Council in writing the name
address and telephone number of an individual who will be personally responsible
to the Council for the obligations or the Hirer under the Agreement jointly and
severally with the Hirer.
2.2 If the Hirer is running classes proof of relevant qualifications must be available upon request by The Officer. Examples include but are not exclusive to Dance classes’ yoga and fitness sessions.
3. User
3.1 No part of the Greenark is to be used for any purpose other than the Purpose of
the Hire.
3.2 The Hirer shall not sub-let or use the Greenark or any part thereof for any unlawful
purposes or in any unlawful way nor do anything nor bring into the Greenark
anything that may endanger the Greenark or its users or vitiate in whole or in part
any insurance policies relating thereto.
3.3 No animals except guide dogs are to be brought into the Greenark or allowed to
enter the Greenark without the consent of the Officer. No animals whatsoever are
to enter the kitchen at any time.
3.4 The Hirer shall ensure that the noise level of their function does not cause
nuisance annoyance or disturbance to the owners or occupiers of nearby
properties.
3.5 No marquee or bouncy castle may be used on the Council premises without the
prior approval of the Officer.
3.6 The prior permission of the Officer must be obtained before goods or equipment
are left or stored (including overnight storage) at the Greenark.
3.7 The Hirer must conduct their own risk assessment prior to the date of hire, which must be available upon request by The Officer.
3.8 The Hirer must hold public liability insurance of 5 Million Pounds or greater, proof of which must be available upon request by The Officer
4. Electrical Equipment
4.1 No lighting heating power or other electrical fittings or appliances in the Greenark
are to be altered moved or in any way interfered with.
4.2 No additional lighting heating power or other electrical fittings or appliances are to
be installed or used without the prior consent of the Council.
4.3 All electrical equipment brought into the Greenark by the Hirer be it belonging to
them on loan or on hire may be subject to PAT testing by the Officer.
5. Supervision
5.1 During the Period of Hire the Hirer is to be responsible for:
5.1.1 the efficient supervision of the Greenark including (without prejudice to the
generality of the above):
5.1.1.1 the effective control of children
5.1.1.2 the orderly and safe admission and departure of persons
to and from the Greenark
5.1.1.3 the orderly and safe vacation of the Greenark in case of
emergency;
5.1.2 the safety of the Greenark.
5.13 the preservation of good order and decency in the Greenark.
5.14 ensuring that all doors giving egress from the Greenark are left unfastened
and unobstructed and immediately available for exit.
5.1.5 ensuring that no obstruction is placed or allowed to remain in any corridor
giving access to the Greenark or in front of emergency exits.
5.2 The Hirer shall ensure that no activities carried out in the Greenark during the
Period of Hire are supervised in whole or in part by persons under eighteen years
of age.
6. Decorations and Advertising
6.1 No bolts nails tacks screws bits pins or other like objects are to be driven into any
part of the Greenark nor is any adhesive substance to be attached to it.
6.2 No placards or other articles are to be fixed to any part of the Greenark without
prior permission from the officer.
6.3 No cotton wool or highly flammable material is to be used for decoration or other
purposes.
6.4 No posters boards signs flags or other emblems or advertisements are to be
displayed inside or outside any part of the Greenark without the previous consent
of the Council.
6.5 The Council reserves the right to remove any permitted posters boards signs flags
or other emblems or advertisements which become so dirty or torn as to be untidy
or unsightly.
6.6 Flyposting is not to be carried out in contravention of the Town and Country
Planning legislation.
7. Maximum number to be admitted
The maximum number of persons to be admitted to the function is not to exceed
50 and during the Period of Hire the Hirer must keep a note of the number of
persons admitted and show the same on demand to any officer of the Council.
8. Statutory Requirements
8.1 The Hirer must not do or permit any act matter or thing which would or might
constitute a breach of any statutory requirement affecting the Greenark or which
would or might vitiate in whole or in part any insurance effected in respect of
the Greenark.
9. Copyright Works
9.1 In the use of the Greenark the Hirer is not to infringe any copyright or allow
any copyright to be infringed.
9.2 If the use of the Greenark will involve the performance of any musical or
dramatic works or the delivery in public of any lecture in which copyright
subsists it will be the responsibility of the Hirer to obtain prior to the Period
of Hire the consent of the owner of the relevant copyright and to pay all
composers’ authors’ publishers’ and other fees or royalties which may be
payable in respect of the function.
9.3 The Hirer must supply to the Council for approval (if so required) a copy of the
programme of any entertainment to be given at the function not less
than 7 days before the Period of Hire and must provide such
evidence as the Council may (reasonably) require of compliance with this
Condition.
10. Broadcasting and Filming
The Hirer is not to grant broadcasting or filming rights without the prior consent of
the Council but cameras may be brought into and used inside the Greenark for
private (but not commercial) purposes provided that no nuisance or annoyance is
occasioned.
11. Film Exhibition
The Hirer is not to use any part of the Greenark for the purposes of a film
exhibition or permit any part of the Greenark to be used for those purposes without
the prior consent of the Council.
12. Gambling
The Hirer shall ensure that nothing is done on or in relation to the Greenark in
contravention of the law relating to gaming, betting and lotteries.
13. Liquor
No excisable liquor is to be sold or taken into the Greenark at any time.
14. Smoking
Smoking is not to be permitted in the Greenark.
15. Expiration of Period of Hire
At the expiration of the Period of Hire the Hirer is to leave the Greenark in a clean
and orderly state free of litter, and in particular (but without prejudice to the
generality of the above):
15.1 The Hirer is to remove all equipment goods or other property previously brought in
by or on behalf or with the permission of the Hirer. For the avoidance of doubt any
property brought onto the premises for the purposes of sale shall be considered to
be the property of the Hirer for the purpose of this Condition.
15.2 The Hirer shall return all furniture and equipment belonging to the Council to its
original position and maintain and leave the Greenark in a clean and hygienic
condition.
15.3 If the Greenark is found to be in an unacceptable condition at the expiration of the
Period of Hire a cleaning charge of up to £1000 will be levied.
16. Agreement personal to Hirer
The benefit of the Agreement is personal to the Hirer and not assignable or
capable of being sub-hired.
17. Damage to Council Property
17.1 The Hirer is to take good care of and not cause any damage to be done to
the Greenark or to any fittings equipment or other property in the Greenark and
save to the extent that the Council may be indemnified by insurance the
Hirer is to make good and pay for any such damage caused by any act or
neglect of the Hirer or anyone for whom the Hirer is responsible or anyone
permitted by the Hirer to enter the Greenark.
17.2 The Hirer shall notify the officer of any damage within 24 hours of the expiry
of the Period of Hire.
18. Injury to Persons and Loss of Property
18.1The Council is not responsible and will not accept liability for any loss, damage, injury or death howsoever and whosoever caused, whether to property or person sustained by any person or persons in the facility, except where such a loss, damage, injury or death is caused by the Council’s negligence or any defect in its premises.
18.2 The Hirer will indemnify the Council against all such liabilities as are
mentioned in this Condition.
19. Further Exclusions of Liability
19.1 The Council will not be liable for any loss due to any breakdown of
machinery failure of supply of electricity leakage of water fire government
restriction or act of God which may cause the Greenark to be temporarily closed
or the hiring to be interrupted or cancelled;
19.2 The Council gives no warranty that the Greenark is legally or physically fit for
any specific purpose.
20. Right of Entry
The Council shall retain control of the Greenark at all times during the Period of
Hire and reserves the right for duly authorised members or officers or employees
of the Council to enter the Greenark at any time for any authorised purpose.
21. Cancellation by Hirer
21.1 If the Hirer wishes to cancel the hiring in whole or in part the Hirer must
give to the Council notice to that effect.
21.2 If such notice is given not later than five working days prior to the Period of Hire the Council will refund to the hirer the fee.
If such notice is given less than five working days prior to the period of hire the Council will be entitled to retain the whole of the fee.
22. Payment by Hirer
22.1. Payments are due as per invoice terms
22.2 There are two methods of payment all customers can pay via card tele-payments by calling 01483 444 718. When two or more bookings are made simultaneously, the hirer also has the option to be invoiced.
23. Cancellation by Council
23.1 The Council may cancel the hiring if the Greenark is required for any purpose in
connection with a Parliamentary or local government election or if the Greenark
is rendered unusable by any such event as is mentioned in Condition 20.1.
23.2 If the hiring is cancelled for any such reason as is mentioned in Condition 24.1 the
Council will give to the Hirer the maximum practicable notice and
refund the fee but will not otherwise be liable to the Hirer.
23.3 The Council reserves the right to terminate forthwith and without any liability to the
Hirer any hiring which in the opinion of the Officer is being conducted in breach of
these Conditions.
24. Breach by the Hirer
If the Hirer fails to observe and perform any of these Conditions the Council may:
24.1 charge to and recover from the Hirer any expenses incurred by the Council in
remedying any such failure including the cost of employing attendants
workmen cleaners or other persons as may be appropriate, and
24.2 cancel the instant or any other hiring of the Greenark by the Hirer without
incurring any liability to the Hirer for the return of any fee or otherwise.
25. Complaints
Any complaint arising out of the hiring must be made to .
26. Council to act by its Officers
The Council may act through any authorised Officer and references in these
Conditions to any approval discretion consent or requirement of the Council are
deemed to be references to the approval discretion consent or requirement of any
such Officer and anything which the Hirer is required to produce to the Council is
to be produced to such Officer.
27. Notices
All notices demands or requests by either party to the other shall be in writing and
shall be sufficiently served if delivered by hand or sent by recorded delivery to the
address of the Hirer specified in the Greenark Booking Form in the case of a
notice demand or request to the Hirer and to Parks &Leisure Services, Guildford Borough Council, Stoke Park Nursery, NightingaleRoad, Guildford, Surrey GU1 1ER in the case of a notice demand or request to theCouncil.
28. In Case of Emergency
The Hirer must ensure their group/people attending their event read the ‘Instructions in case
of a Fire’ notice, displayed in the main entrance on the notice board. The hirer must alsoensure the group are familiar with the ‘Fire Escape Floor Plan’, also displayed in the main entrance on the notice board.
This document is available in other formats on request
Business Support Team
Parks and Leisure Services
Guildford Borough Council
Stoke Park Nursery
Nightingale Road
Guildford GU1 1ER
01483 444718