RECURRING BOOKINGS
1. BOOKINGS
a. Hirers must make an application using the online form at www.haloleisure.org.uk or by email at least 28 days before the first Hire required.
b. The Company reserves the right to refuse any application for any hiring.
2. HIRING FEE
a. The Company shall determine a Hiring Fee.
b. The Hiring Fee will be subject to an annual price review by the Company which will be notified to the Hirer 28 days prior to the reviewed price taking effect.
3. PAYMENT
a. Except by prior agreement, payment of the Hiring Fee shall be made in advance and shall be due as follows:-
i. By Direct Debit on the first day of each month in which the Hire takes place.
ii. On receipt of a proforma invoice and by Cheque or Bank Transfer received by the Company on or before the first day of each month in which the Hire takes place, subject to the condition in 7b.
iii. For Public Sector Hirers only, on receipt of a proforma invoice and by Cheque or Bank Transfer received by the Company on or before the fifteenth day of the month in which the Hires take place.
b. An Invoicing Surcharge will be levied for payments made other than by Direct Debit. This fee is set out in the Hire Agreement and forms part of the Hiring Fee..
c. At its sole discretion, the Company may agree a different payment schedule and/or payment method with Community Hirers.
d. In all cases, Hires will be cancelled without notice if payment is not received by the due date.
e. Failure to pay on time may result in the Company exercising its right to terminate this Hire Agreement.
4. TERM, TERMINATION, CANCELLATION OR RESCHEDULING BY THE HIRER
a. Recurring Hires continue until cancelled by either party.
b. The Hirer may request to reschedule any Hire, subject to general availability, including rescheduling within the same month or into subsequent months.
c. The Hirer may cancel any Hire for any reason, giving 28 days notice in writing.
d. The Hirer may terminate a Hire Agreement for any reason, giving 28 days notice in writing. During the notice period, Hiring Fees remain due.
e. On termination there may be an unpaid balance outstanding which will be immediately payable.
f. For the avoidance of doubt, cancellation of a Direct Debit does not terminate this Hire Agreement which will revert to an invoicing arrangement with Invoice Surcharge.
g. Should the Company request to reschedule or cancel any Hire, such request should not be unreasonably refused by the Hirer.
5. DIRECT DEBIT GUARANTEE
a. The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
b. If there are any changes to the amount, date or frequency of the Direct Debit the Company will notify the Hirer 5 working days in advance of the Hirers account being debited or as otherwise agreed. If the Hirer requests the Company to collect a payment, confirmation of the amount and date will be given to the Hirer at the time of the request
c. If an error is made in the payment of the Hirers Direct Debit, by the Company or the Hirers bank or building society, the Hirer is entitled to a full and immediate refund of the amount paid from their bank or building society
d. If the Hirer receives a refund they are not entitled to, the Hirer must pay it back when the Company asks them to
e. The Hirer can cancel a Direct Debit at any time by contacting their bank or building society. Written confirmation may be required. Please also notify the Company.
FIXED TERM BOOKINGS
1. BOOKINGS
a. Hirers must make an application using the online form at www.haloleisure.org.uk or by email at least 28 days before the first Hire required.
b. Applications for bookings taking place during September to March, open on 1st June each year. All applications received by 1st July will be processed en masse during July and bookings offered by 1st August.
c. Applications for bookings taking place during April to September, open on 1st January each year. All applications received by 1st February will be processed during February and bookings offered by 1st March.
d. In the event of multiple applications for the same resource day and time, the Manager shall make a decision and award the booking based on Halo’s Block Booking policy.
e. The Company reserves the right to refuse any application for any hiring.
2. HIRING FEE
a. The Company shall determine a Hiring Fee.
3. PAYMENT
a. Except by prior agreement, payment of the Hiring Fee shall be made in advance and shall be due as follows:-
i. By Direct Debit on the first day of each month in which the Hire takes place.
ii. On receipt of a proforma invoice and by Cheque or Bank Transfer received by the Company on or before the
first day of each month in which the Hire takes place, subject to the condition in 7b.
iii. For Public Sector Hirers only, on receipt of a proforma invoice and by Cheque or Bank Transfer received by theCompany on or before the fifteenth day of the month in which the Hires take place.
b. An Invoicing Surcharge will be levied for payments made other than by Direct Debit. This fee is set out in the HireAgreement and forms part of the Hiring Fee.
c. At its sole discretion, the Company may agree a different payment schedule and/or payment method with CommunityHirers.
d. In all cases, Hires will be cancelled without notice if payment is not received by the due date.
e. Failure to pay on time may result in the Company exercising its right to terminate this Hire Agreement.
4. TERM, TERMINATION, CANCELLATION OR RESCHEDULING BY THE HIRER
a. The Hirer may request to reschedule any Hire, subject to general availability, including rescheduling within the same month or into subsequent months.
b. The Hirer may cancel any Hire for any reason, giving 28 days notice in writing.
c. The Hirer may terminate a Hire Agreement for any reason, giving 28 days notice in writing. During the notice period, Hiring Fees remain due.
d. On termination there may be an unpaid balance outstanding which will be immediately payable.
e. For the avoidance of doubt, cancellation of a Direct Debit does not terminate this Hire Agreement which will revert to an invoicing arrangement with Invoice Surcharge.
f. Should the Company request to reschedule or cancel any Hire, such request should not be unreasonably refused by the Hirer.
5. DIRECT DEBIT GUARANTEE
a. The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
b. If there are any changes to the amount, date or frequency of the Direct Debit the Company will notify the Hirer 5 working
days in advance of the Hirers account being debited or as otherwise agreed. If the Hirer requests the Company to collect a payment, confirmation of the amount and date will be given to the Hirer at the time of the request
c. If an error is made in the payment of the Hirers Direct Debit, by the Company or the Hirers bank or building society, the Hirer is entitled to a full and immediate refund of the amount paid from their bank or building society
d. If the Hirer receives a refund they are not entitled to, the Hirer must pay it back when the Company asks them to
e. The Hirer can cancel a Direct Debit at any time by contacting their bank or building society. Written confirmation may be required. Please also notify the Company.
ONE OFF AND SPECIAL EVENT HIRE
1. BOOKINGS
Hirers must make an application using the online form at www.haloleisure.org.uk or by email at least 28 days before the Hire required. The Company reserves the right to refuse any application for any hiring.
2. HIRING FEE AND DEPOSITS
a. The Company shall determine the Hiring Fee for use of facilities. The deposit will be payable at the time of booking.
b. At its sole discretion, the Company may waive the deposit for Community Hirers.
3. PAYMENT
a. Full payment is due on or before the first day of the month in which the Hire takes place.
b. At its sole discretion, the Company may agree a different payment schedule and/ or payment method with Community Hirers.
c. In all cases, the Hire will be cancelled if payment is not received by the due date.
4. CANCELLATION,TERMINATION OR RESCHEDULING BY HIRER
a. The Hirer may request to reschedule any Hire, subject to general availability, with twenty-eight days notice. Such a request should not be unreasonably refused.
b. The Hirer may cancel the Hire for any reason, giving at least 28 days notice in writing.
c. If the Hirer cancels with less than 28 days notice, the Hire Fee is payable based on the following schedule:
D. Days notice Percent of Hiring Fee due
0-14 days 100%
15-28 days 50%
More than 28 days 20% (deposit retained)
AD HOC HIRE BY CLUBS (SERVICE LEVEL AGREEMENT)
1. BOOKINGS
a. Hirers must make all bookings using the online services published at www.haloleisure.org.uk.
b. Bookings are available on a first come/first served basis within a rolling 28 day window.
c. The Company reserves the right to refuse any booking for any hiring.
2. HIRING FEE
a. The Company shall determine a Hiring Fee.
b. The Hiring Fee will be subject to an annual price review by the Company.
3. PAYMENT
a. Except by prior agreement, payment of the Hiring Fee shall be made in advance by Credit or Debit card using the online service and shall be due on or before the date on which each Hire takes place.
b. Any Hires which remain unpaid on the day following the Hire will result in an invoice being raised and an Invoicing Surcharge will be levied.
c. At its sole discretion, the Company may agree a different payment schedule and/or payment method with Community Hirers.
d. Failure to pay on time may result in the Company exercising its right to terminate this Hire Agreement.
4. TERMINATION, CANCELLATION OR RESCHEDULING BY THE HIRER
a. The Hirer may cancel any Hire for any reason, giving 2 hours notice.
b. Should the Company request to reschedule or cancel any Hire, such request should not be unreasonably refused by the Hirer.
AD HOC HIRE BY PUBLIC SECTOR (SERVICE LEVEL AGREEMENT)
1. BOOKINGS
a. Hirers must make all bookings using the online services published at www.haloleisure.org.uk.
b. Bookings are available on a first come/first served basis within a rolling 28 day window.
c. The Company reserves the right to refuse any booking for any hiring.
2. HIRING FEE
a. The Company shall determine an annual Hiring Fee based on the expected Hires.
b. The Hiring Fee will be subject to an annual price review by the Company.
3. PAYMENT
a. Except by prior agreement, payment of the Hiring Fee will be made on receipt of a proforma invoice and by Cheque or Bank Transfer received by the Company on or before the fifteenth day of the month in which the first Hire takes place.
b. At its sole discretion, the Company may agree to a different payment schedule.
c. Failure to pay on time may result in the Company exercising its right to terminate this Hire Agreement.
4. TERMINATION, CANCELLATION OR RESCHEDULING BY THE HIRER
a. The Hirer may cancel any Hire for any reason, giving 2 hours notice.
b. Should the Company request to reschedule or cancel any Hire, such request should not be unreasonably refused by the Hirer.
CONDITIONS OF HIRE
1. CORRESPONDENCE
All correspondence shall be sent by email to the Bookings Manager at bookings@haloleisure.org.uk. The postal address is Halo Leisure,Lion Yard, Broad Street, Leominster, Herefordshire, HR6 8BT.
2. VENUE
In all correspondence and advertising, the relevant Centre shall be referred to using the name and address details specified by the Company.
3. ADMISSION
a. The Company will advise the Hirer of the maximum number of admissions that will be allowed for any Hire. Under no circumstances will the Hirer allow the maximum number of admissions to be exceeded.
b. Any person may be required to produce evidence of membership of an organisation using the premises
c. If such evidence cannot be produced, a separate admission fee will be charged. The Manager may refuse the admission of any person, or may require any person to leave the Centre without giving a reason for doing so, whether or not that person is a valid member of an affiliated organisation hiring the Centre.
d. The Hirer will advise the Manager of the actual number of attendees at the conclusion of the Hire.
4. TERMINATION, CANCELLATION OR RESCHEDULING BY THE COMPANY
a. The Company reserves the right at its sole discretion to cancel any Hire with 28 days notice up to two times in each calendar year to accommodate other bookings.
b. In addition to 10a, the Company reserves the right at its sole discretion to cancel any Hire without notice to accommodate a mandated event. Examples include but are not limited to the Centre being i. Required by a recognised authority to support the response to a national or local emergency, or ii. to facilitate the democratic process as an electoral distribution, voting or counting station.
c. The Company may request the Hirer to cancel or reschedule a Hire at any time.
d. The Company will not be responsible for expenditure undertaken or loss incurred, by the Hirer in connection with a cancellation, termination or rescheduling.
e. The use of certain facilities within a Centre during a Hire may be prohibited and/or varied by the Company at any time and for whatever reason.
f. The Company may terminate this Hire Agreement for operational and programming reasons, giving 90 days notice in writing. During the notice period, Hiring Fees remain due.
5. TERMINATION ON BREACH
a. Either Party may terminate this Agreement if:
i. the other Party is in repudiatory breach of this Agreement and fails to remedy the breach (if capable of remedy) within 30 days of written notice of the breach being given by the Party not in breach or persistently breaches of any of its obligations under this Agreement;
ii. the other Party ceases to conduct business in the normal course, becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, has a receiver, manager, administrator or administrative receiver appointed over all or any part of its undertaking, assets or income, passes a resolution for its winding up, or the other Party enters into any composition or arrangement (whether formal or informal) with its creditors;
iii. any invoice of the Company is more than 30 days overdue.
6. FORCE MAJEURE
If either party is prevented from or delayed in the performance of any of its obligations under the Agreement by any event (a“Force Majeure Event”) beyond its reasonable control, including, but not limited to, acts of God, civil commotion, war, earthquake, fire, flood, industrial action, terrorist action, inclement weather, epidemic, pandemic or political interference, then it shall notify the other party of the circumstances, and shall be excused from performing those obligations for so long as the Force Majeure Event shall continue. If the Force Majeure Event continues for longer than five (5) working days, the party not claiming relief under this clause 9 shall be entitled to terminate the Agreement by giving the other party 5 working days’ written notice.
7. EQUIPMENT TO BE BORROWED OR HIRED
The Hirer shall agree with the Manager, not less than 14 days prior to the Hire the equipment required to be issued during the Hire. If available, the Company will provide the equipment at the applicable rate. Should the Company be unable to provide the required equipment, the Hirer may with the Managers agreement be allowed to bring their own equipment to the Centre in which case use of that equipment will be the sole responsibility of the Hirer.
8. DAMAGE TO OR LOSS OF PROPERTY
Unless caused by its own negligence the Company accepts no liability for damage to, or loss of, any property or articles or things whatsoever, placed or left in the Centre or any part thereof, by an organisation, or member of any organisation, or any individual attending an event.
9. PORTABLE ELECTRICAL APPLIANCES
No portable electrical appliance is to be used in the Centre without the prior agreement of the Manager. Any such appliance must have been inspected beforehand in accordance with current Institution of Electrical Engineers Regulations and bear a date sticker, or other endorsement to that effect.
10. LOST PROPERTY AND PROPERTY LEFT AT THE VENUE
a. The Company may remove and store any property left by the Hirer after the termination of the Hire. If the Hirer fails to collect the property within 14 days, the Company may dispose of the property without further notice.
b. The Management reserves the right to dispose of any item of lost property that has not been claimed after a period of 14 days.
11. DAMAGE CAUSED
The Hirer shall on demand pay to the Company, the reasonable amount incurred by the Company in repairing or replacing as appropriate together with the company administration fee of 10% of the repair or replacement cost, any damage to the fixtures, fittings, apparatus, equipment, furniture, or other contents thereof, by a person participating at the invitation of the Organisation in the use of the facilities or premises (fair wear and tear excluded). The Company whose decision shall be final shall certify the amount of such damage.
12. INDEMNITY
The Hirer shall indemnify and keep indemnified the Company against all claims, demands, action or proceedings in respect of death of, or injury without limit to any person or damage to property belonging to any person during the course of, or in consequence of the hiring unless caused by the Company’s negligence.
13. INSURANCE
a. It is advisable for the Hirer to take out third party liability insurance with an insurance company of repute, to cover loss of or damage to property (whether the Company’s or belonging to an individual) and injury or death of any person caused by the Hirer’s negligence during the Hire or connection with it.
b. The Hirer must satisfy themselves that the level of cover insured will protect them from any potential claim. Such cover would not normally be less than £5 million however it is for the Hirer to fix the amount of cover required.
c. The Hirer is notified that the Company’s insurance does not extend to property brought onto the premises in connection with the Hire, in respect of fire, theft, loss or any other damage.
d. The Hirer should make separate insurance arrangements in respect of such matters.
e. The Company reserves the right to require the Hirer to produce prior to the Hire a letter from the insurers stating such insurances are held as shall be deemed necessary by the Manager.
14. FIRST AID INCIDENT OR OTHER EMERGENCY INCIDENT
a. In the event of an accident, incident and/or injury, the Hirer will at once alert a member of the staff of the Centre, who will take the appropriate action.
b. The Company may require the Hirer to provide, at the Hirer’s cost, additional first aid cover; this must be provided by a recognised organisation, e.g. St Johns Ambulance, British Red Cross Society.
c. All first aid treatments, incidents and emergencies must be recorded in accordance with the Company’s current procedures.
15. INFRINGEMENT OF COPYRIGHT
The Hirer shall indemnify and keep indemnified the Company against all claims, legal fees, damages, demands, action and proceedings in respect of any infringement of copyrights, trademarks, or registered designs, intellectual copyrights by an unauthorised public performance or use of recording apparatus or contrivance at the Centre by the Hirer or their agent.
16. REGULATED ENTERTAINMENT
The Hirer shall not hold, or permit to be held any Regulated Entertainment on the premises during the Hire, other than one which is permitted by law (and licensed if the law requires) and has the prior written permission of the Manager. The Hirer will be responsible for all licensing costs arising from the Regulated Entertainment.
17. EXHIBITION OF FILMS
The Hirer shall not exhibit, or permit to be exhibited any films, including television broadcasts, on the premises during the Hire, without the prior written permission of the Manager. The Hirer will be responsible for all film licensing costs arising from the exhibition.
18. BROADCASTING AND FILMING RIGHTS
No Hirer may grant broadcast (sound or television), filming or Internet streaming rights without the prior written consent of the Company. The Company reserves the right to take part in any negotiations, to be party to the terms and conditions of any agreement reached and to take all or share any income and publicity derived there from.
19. MUSIC COPYRIGHT LICENSING
a. The Hirer shall ensure that they hold relevant licences under Performing Right Society (PRS) and the Phonographic Performance Licence (PPL) or, where appropriate, the Centre holds a licence.
b. Where additional licensing charges are incurred these will be additional to the Hiring Fee and will be charged at the prevailing rate set by the licensing body plus a 10% administration fee.
c. The Hirer shall not play or permit to be played gramophone records, compact discs, radios, electronic music files or tape recorders in the Centre, or perform any work, which will infringe the rights of any third party in intellectual property. The Hirer shall obtain beforehand, and provide a copy to the Manager, all proper licences in respect of such performances. Any unlicensed or unauthorised performance or broadcast that attracts a penalty will be the sole responsibility of the Hirer who will forthwith indemnify and keep indemnified the Company.
20. PHOTOGRAPHS AND VIDEO RECORDING FOR HIRERS OWN USE
a. Notwithstanding the contents of paragraph 15:
b. Photography and video recording are not permitted in changing rooms, toilets and interconnecting corridors.
c. The Company believes that in a sporting environment involving children or vulnerable people photography and video recording are not usually appropriate.
d. Hirers will maintain their own photography policy and have systems in place to protect children and vulnerable people.
e. The use of photography or video recording equipment is permitted in Hires at the sole discretion of the Hirer.
f. Hirers are requested to bring to the attention of the Manager any photography which is unauthorised in their opinion.
g. The use of social photography or video recording equipment in social areas such as cafes and bars is permitted. Hirers are requested to take account of the preferences of other customers and staff when taking photos.
21. ADVERTISING
a. The Hirer shall not advertise or publicly announce any event to take place at the Centre without the prior, written approval of the Manager. The Hirer shall submit proofs of all intended advertising to the Manager prior to publication for authorisation.
b. The Hirer shall ensure that any advertisements displayed in connection with the Hiring shall be displayed on duly authorised sites.
c. The Hirer shall not use the Halo logo on any advertising without the prior written consent of the Company.
d. Under no circumstances may the Event or ticket sales be advertised to the general public without the prior approval of the Company.
e. The Hirer shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the Centre, and shall indemnify and keep indemnified the Company accordingly against all actions, claims and proceedings arising from any breach of this condition.
22. CATERING
The Company reserves to itself or its agents the right of sale of all refreshments in the Centre. The Hirer shall make arrangements with the Manager for any special catering requirements not less than 14 days before the Hire. Nothing must be done by the Hirer to break the provisions of Food Safety regulations, as they apply to the Centre. The manager will provide instructions to the Hirer concerning food and/or drink brought onto the premises and made available for consumption by others.
23. SALE OF GOODS
The Hirer shall not sell or supply or permit any other person to sell or supply or offer for sale goods of any kind in the Centre during the Hire without the prior consent in writing of the Manager.
24. INTOXICATING DRINKS
The Hirer is not permitted to arrange for, or permit the sale or consumption of alcohol on the premises of the Centre without the prior, written permission of the Manager. If such permission is given, the Hirer will be responsible for all licensing costs arising from the licensed activity.
25. GAMBLING
The Hirer shall not hold, or permit to be held any sweepstake, raffle or other lottery on the premises during the Hire, other than one which is permitted by law (and registered if the law requires) and has the prior written permission of the Manager.
26. NOTICES AND DECORATIONS
The Hirer shall not display any notices or decorations (internal or external) without the permission of the Manager.
27. ALTERATIONS
The Hirer shall not alter or interfere with any equipment or fittings of the Centre or structure thereof.
28. SMOKING (including e-cigarettes) is not permitted in the Centre.
29. ANIMALS
other than assistance dogs are not admitted into the Centre except with prior written consent of the Manager. The provision of live creatures, animals and fish in entertainment and as prizes is specifically prohibited. Assistance dogs are not permitted on the poolside.
30. NOISE
The Hirer shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning. The Hirer shall, if using sound amplification equipment, make use of any noise limitation device provided at the Centre and comply with any other licensing condition for the premises.
31. RULES FOR USERS
a. The Hirer will do nothing to undermine the published rules for users of the Centre, for example in regard to vehicle parking, smoking, required activity, dress and access by animals. The Hirer will use their best endeavours to inform all those involved in the use of the premises during the Hire of these rules and to encourage compliance with them.
b. The Manager reserves the right to exclude from the premises anyone breaking such rules and/or causing nuisance to other users of the Centre or those in nearby premises.
32. VACATION OF PREMISES
The Hirer must ensure that the hired part of the Centre and any equipment used is left clean and tidy and that the equipment is left in the same condition at the end of the Hire. The Company reserves the right to levy an additional cleaning charge should the premises be left in such a condition as to necessitate unreasonable extra cleaning. Damage to equipment will be charged to the Hirer at the cost of repair plus a 10% administration fee as set out in paragraph 15 above. If damaged equipment cannot be repaired then the full replacement cost will be charged to the Hirer.
33. HEALTH AND SAFETY
a. The Hirer agrees to comply with the risk control measures that form part of the risk assessment for the Centre, under the Management of Health and Safety at Work Regulations 1992. These measures include minimum qualifications for those leading, teaching, coaching and/or supervising activities and compliance with the rules and advice of relevant governing bodies for particular activities. The Centre is the subject of documented Operating Procedures.
b. The Hirer must not permit the practice of shallow racing dives in the area designated as the shallow end of the swimming pool and will accept full responsibility and liability in the event of doing so. If such a dive is required in competition events then the Hirer shall satisfy themselves as to the competence of all competitors to undertake this method of entry into the water and will strictly control and supervise this action.
34. BREACH OF CONDITIONS
The Hirer shall be responsible for ensuring that all persons using the Centre arising out of or in consequence of hiring comply with the Conditions of Hire. In the event of the Hirer breaching any of the conditions of hire, the Company may at the Manager’s discretion cancel the booking and all future bookings. The Hirer shall remain liable for all charges including cancelled future bookings.
35. CHANGE OF USE
A Hirer may not use a particular Hire for any purpose other than that agreed at the time of booking. A Hirer may not sub-let a Hire without prior approval of the Company.
36. NO RIGHTS
This Agreement constitutes permission only to use the premises and confers no tenancy or other right of occupation on the Hirer.
37. ADDITIONAL CONDITIONS FOR SPORTS CLUBS
a. By permission of the Company bona-fide clubs may be granted use of the Centre subject to the following regulations.
b. Clubs must be registered with the appropriate governing body
c. Priority will be given to clubs who support the local development objectives.
d. Use of the Centre is granted for bona-fide training, practising, coaching and competition purposes only.
e. If a club is suspended by their governing body, the Company will automatically suspend this Agreement until the issue is resolved.
f. No Club will be admitted without a nominated responsible officer in charge who must be present throughout the session. An appropriately qualified instructor/coach must be present throughout the whole training period. A full list of Club officials and Instructors must be submitted to the Manager along with evidence of their qualification/licence.
g. A club official must be present when members are being admitted and members may be requested to produce evidence of membership before being admitted.
h. The clubs nominated responsible officer will be required to advise Centre staff of the number of persons admitted to each session.
i. Clubs must undertake and agree to take all proper and necessary precautions for the supervision of their members and for the prevention of accidents arising from the activity or in connection with the event and accept full responsibility for and indemnify the Company from and against all actions, claims and demands arising out of the engagement.
38. ADDITIONAL CONDITIONS FOR HIRERS PROVIDING SERVICES TO AT RISK GROUPS
a. Hirers that deliver services to children, young people and adults at risk in the Centre are required to comply with the following additional terms and conditions.
b. If any Hirer is concerned about the safety or welfare of any child, young person or adult at risk engaged in an activity, they must follow the Company’s Safeguarding Procedures, which at all times take precedence.
c. The Hirer declares that the Organisation has and will continue to have policies and procedures in place that comply with the requirements of Sections 10 and 11 of the Children Act 2004, Working Together to Safeguard Children 2015 and the Care Act 2014 and any other relevant legislation. The Company reserves the right to request copies and evidence of implementation of these and any other of the Hirer’s documentation at any time:
i. Code of conduct for Instructors
ii. Code of conduct for participants
iii. Policy on minimum supervision ratios.
iv. Policy on Instructor qualifications
v. Policy on use of changing rooms and toilets
vi. Policy on photography and video recording
vii. Policy on the safe use of social media
viii. Privacy policy
ix. Process for supervision before, during and after the Hire
x. Induction and training programme for all Instructors that includes the Organisation’s safeguarding policy, reporting procedures and code of conduct.
xi. A policy requiring all Instructors to attend regular safeguarding training.
d. The Hirer declares that the Organisation is either:
i. Affiliated to a Sport England recognised National Governing Body
ii. Affiliated to a Sport Wales recognised National Governing Body
iii. Regulated by Estyn
iv. Regulated by the Care Inspectorate Wales
v. Regulated by the Care Quality Commission
vi. Registered with the Department of Education and regulated by the Independent Schools Inspectorate
vii. Regulated by the Office for Standards in Education, Children’s Services and Skills (Ofsted), or
viii. Affiliated to or regulated by another body, with the written consent of the Company.
e. The Hirer will comply with the safeguarding requirements of the affiliation or regulation body.
f. The Organisation has and will continue to have a lead safeguarding officer
g. The Organisation has insurance to cover its activities and participants
h. The Hirer declares that the Organisation has a clear system to respond to safeguarding concerns.
39. INTERPRETATION AND DEFINITIONS
a. “Agreement” means this Service Level Agreement.
b. “Centre” means any part of any leisure facility under the control of the Company and including its grounds, car parks and access roads.
c. “Company” means Halo Leisure Services Ltd and any subsidiary or associated companies, and any officer authorised to perform any particular duty.
d. “Community Hirer” means an informal, unconstituted group coming together for the purpose of sport or activity.
e. “Deposit” shall mean a non-refundable fee equivalent to the higher of 20% of the Hiring Fee or £50, payable at the time of booking.
f. “Hire” means the resource(s) and time(s) reserved by the Hirer.
g. “Service Level Agreement” is this Agreement.
h. “Hirer” shall mean the person or persons signing this Agreement or the Organisation on whose behalf this agreement is signed.
i. “Hiring Fee” means the fee payable by the Hirer for the Hire.
j. “Instructors” shall include those employed by the Hirer in a paid or unpaid capacity to deliver the service and will include coaches, instructors, teachers, leaders, supervisors and any other person engaged in the service delivery at the Centre or elsewhere.
k. “Manager” includes the centre’s General Manager, the Customer Service Managers and any other member of staff authorised by them to perform any particular duty.
l. “Monthly Fee” shall mean the fee payable each month for the Hires in that month. The Monthly Fee is set by the Company and is reviewed annually.
m. “Organisation” shall mean the Company or Organisation for whom the Hirer works or is employed in a paid or unpaid capacity.
n. “Public Sector” shall mean the national governments of the UK, local authorities, NHS organisations, state funded schools, colleges, universities, armed forces, emergency services.
o. ”Regulated Entertainment” is defined as any entertainment that takes place in the presence of an audience. It may include a performance of a play, an exhibition of a film, an indoor sporting event, a boxing or wrestling entertainment, a performance of live music, playing of recorded music, a performance of dance. The Local Authority definition of Regulated Entertainment will prevail.
