Facilities /Hire Terms and Conditions
Explanation of Terms
The Ridings’ Federation of Academies is the proprietor of Winterbourne International Academy, Yate International Academy and Woodlands Primary Phase.
All references to the Ridings’ Federation of Academies include its employees, agents, and authorised representatives.
The Hirer – The individual or institution and its employees, agents, and authorised representatives.
The Hiring – The duration of the use of the facilities as stated on the booking confirmation.
The Property – The campus of Winterbourne International Academy, Yate International Academy and Woodlands Primary Phase including roads, footpaths, buildings and legal curtilage.
Activities – Those activities stated on the Booking Application.
- Applications for the use of the facilities will only be accepted once a completed booking form has been received from the Hirer and accepted by the Ridings’ Federation of Academies.
- The Hiring will be block for a continuous 10-week period or more, but casual bookings will also be considered where schedules permit.
- For the purposes of the Hiring an individual making a personal application must be over 18 years of age. If the application is made on behalf of a company, institution, or other body, then the applicant must be a properly authorised representative of that entity.
- A responsible person (the hirer or main contact as named on the booking forms) must be present throughout the duration of each activity or meeting. In the case of sports facility hire, the activity must be carried out and supervised in accordance with the appropriate rules and safety recommendations of the Governing Body of the sport in question.
- The Hirer shall be responsible for the prevention of overcrowding such as would endanger public safety and for keeping clear all gangways, passages and fire exits. The Hirer shall be responsible for providing adequate supervision to maintain order and good conduct.
- The Hirer must comply with the code of conduct attached to this application. Any serious act of non-compliance with the code of conduct or any of the conditions contained herein will be deemed a breach of the Hirers duty and cause the Hiring to be terminated by The Ridings’ Federation of Academies. The date of communication will be the date of termination. In the event of such a termination the Hirer will be invoiced for the full value of any Hiring costs.
- The Hirer will be responsible for the payment of hiring charges in accordance with the current scale of charges. Decisions regarding payments in advance are at the discretion of the Federation Commercial Coordinator. Where full or part payment is made in arrears the payment terms are 14 days net from the date of invoice. The Ridings’ Federation of Academies shall be entitled to invoice the Hirer at the times and in the manner specified by the Federation. If the Hirer shall fail to make any payment to the Federation to which the Federation is entitled then the Hirer shall pay to the Federation in addition to the amount not properly paid simple interest for the period in days until such payment is made. The rate of interest shall be in accordance with the regulations set out in the Late Payment of Commercial Debts Regulations 2002.
- The sports facilities shall only be used for the purpose stated in the application. The Federation’s decision on permissible Activities is final.
- Provision of accommodation will include toilets, heating and lighting of the facility. Use of additional facilities will be supplementary and chargeable at the rate set out by the Federation. The Hirer must ensure that the provisions of the Health and Safety at Work Act are complied with in all activities of the group. All hirers should familiarise themselves with the Winterbourne International Academy evacuation procedure when attending the facility for the first time
- The Hirer shall be responsible for keeping all facilities clean and tidy during the Hiring. Any costs to remove debris or contamination will be charged to the Hirer.
- The Hirer will detail on the booking application form the roles and activities of any professional sportspersons involved in the Hirers activities.
- The Hirer will indemnify the Federation against all actions claims and demands which may be brought against the Federation either at common law or otherwise by reason of any accident or injury to any person or damage or loss of property in or upon the Property other than any death accident injury caused by the negligence of the Federation.
- All Hirers must have made arrangements to ensure adequate insurance provision relevant to the particular activity they propose undertaking. The Ridings’ Federation of Academies does not provide insurance cover other than that which they are legally obliged to. The Ridings Federation of Academies does not accept responsibility for injuries sustained by parties using its facilities.
- Sports pitches are primarily used for football, rugby, hockey and fitness training activities. The Hirer should take all reasonable precautions to avoid damage to the playing surface and surrounding infrastructure. This includes but is not limited to fencing, floodlights, goals/nets, sports goals, glazing to nearby buildings. All costs to rectify damage to the Property caused by malicious or careless acts will be charged to the Hirer. Any damage must be reported to the Sports Duty Manager or Federation Commercial Coordinator within 24 hours.
- The Hirer shall not transfer, sub-let or assign the benefit of the Hiring to any other person or organisation without the written consent of the Federation.
- The Hirer will not display any advertising material, posters, signs, flags, emblems or permit the distribution of advertising material on the Property without the consent of the Federation.
- The Ridings’ Federation of Academies will not under any circumstances accept responsibility or liability in respect of any loss or damage to any property, articles or items placed or left at the facilities by or on behalf of the Hirer, or any other person in connection with the booking.
- The Hirer shall not use or allow to be used any public address equipment and other amplifying equipment without the prior consent of the Federation. Where consent is given, such equipment must be so used as to cause no nuisance to occupiers of surrounding residential property or distraction of drivers on the nearby roadways.
- The Hirer shall not use or allow to be used any facility to prepare sell or distribute foodstuffs without the prior consent of the Federation. Where consent has been given by the Federation the Hirer will be responsible for ensuring that all applicable food handling and hygiene procedures are carried out.
- The Hirer should arrange for suitable first aid equipment and first aid qualified personnel to attend to medical emergencies during the Hiring. The Sports Village at Winterbourne has a first aid room available adjacent to main reception at the Sports Hall. There is no access to Federation. First Aiders or emergency phones at any sports fields. The Hirer should make all necessary provisions to contact the emergency services if needed.
- The Hirer shall ensure that all motor vehicles connected with the Hiring observe local parking regulations, rights of way, and that they only use the specified car parks provided on the Property. The Hirer will be responsible for any parking fines, clamping or towing fees incurred through non-compliance with the Federation parking instructions.
- The Hirer or any other party connected with the booking shall not permit any other person to bring onto the property any inflammable items, or other items which could cause damage to property or injury to any party.
- The Federation accepts no responsibility for any loss related to the Hirer’s motor vehicles. The Hirer parks its motor vehicles at its own risk.
- The Ridings’ Federation of Academies shall have priority over the use of sports facilities at all times. If due to unforeseen circumstances the Federation requires these facilities for a special event, repair, or other unforeseen event then the Federation reserves the right to ask the Hirer not to use them. In such situations the Hirer will be given as much notice as possible but the Federation shall not be liable for any loss sustained by the Hirer except for Hiring fees paid in advance to the Federation.
- As the sports facilities are situated in the vicinity of residential housing, the Hirer is required to conduct their activities in an appropriate manner that respects the rights of residents and the general public in the area.
- If either party shall become insolvent or bankrupt or have a receiving order or administration order made against it or compound with its creditors, or being a corporation commences to be wound up (not being a member’s voluntary winding up for the purposes of reconstruction or amalgamation), or carries on its business under an administrator or administrative receiver for the benefit of its creditors or any of them, then the other party shall have the right forthwith by notice in writing to that party or to the administrator, administrative receiver or to liquidator or to any person in whom the Hiring shall have become vested to terminate the Hiring.
- The term Force Majeure shall mean riot, commotion or disorder except where solely restricted to employees of the Hirer or its sub-Contractors or sub-suppliers earthquake, flood, fire or other natural physical disasters except to the extent that any such disaster is caused by, or its effects contributed to by, the party claiming force majeure a general industrial dispute not limited to the employees of the Federation or the employees of any of its sub-Contractors or sub-suppliers. If either party considers that any circumstance of Force Majeure has occurred which may affect materially the performance of its obligations then they shall forthwith notify the other in writing to that effect giving full details of the circumstances giving rise to the Force Majeure event. Neither party shall be considered to be in default of its obligations under the Hiring to the extent that it can establish that the performance of such obligations is prevented by any circumstance of Force Majeure which arises after the date of the Booking and which was not foreseeable at the date of the Booking.
- Any notice or other communication which either party is required by the Hiring to serve on the other party shall be sufficiently served if sent to the other party at its address as specified in the booking form either (a) by hand; (b) by registered or first class post or recorded delivery or (c) by facsimile or electronic mail transmission confirmed by registered, first class post or recorded delivery within 24 hours of transmission. Notices are deemed to have been served as follows: delivered by hand; on the day when they are actually received, sent by post, registered post or recorded delivery; two working days after posting, sent by facsimile or electronic mail; on the day of transmission if transmitted before 16.00 hours on the working day, but otherwise 09.00 hours on the following working day, provided in each case that the required confirmation is sent.
- Nothing in this agreement shall create a tenancy.
- The Ridings’ Federation of Academies reserve the right to modify or vary any of the conditions or regulations or to impose special conditions where, in its opinion, the nature of the application so demands.
- The construction, performance and validity of this agreement shall in all respects be governed by English law.
- Please note that is it the responsibility of the hirer to ensure that all duties in relation to the safeguarding of children are complied with at all times.
Cancellations are not accepted for Block Bookings of 10 weeks or more.
For casual bookings of less then 10 weeks where the Hirer cancels with 4 or more working days notice, the Hirer will not be charged for that hire. Cancellations with 3 or less working days notice of the booking will result in the hirer still being charged the hire fee.