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