Myerscough College BS

1.

DEFINITIONS AND INTERPRETATION

“Attendees”

any persons attending the Event and/or the Premises in connection with the Event (including, but not limited to, the Hirer’s employees, agents, sub-contractors and guests).

“Business Day” 

a day other than a Saturd

1.

DEFINITIONS AND INTERPRETATION

“Attendees”

any persons attending the Event and/or the Premises in connection with the Event (including, but not limited to, the Hirer’s employees, agents, sub-contractors and guests).

“Business Day” 

a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

“Charges” 

the charges payable by the Hirer for the hire of the Venue in accordance with clause 3.

“College

Personnel”

employees of the College.

“College” 

Myerscough College established in 1993 under The Further and Higher Education Act 1992 with main centre at St Michael’s Road, Bilsborrow, Preston PR3 0RY.

“Conditions” 

these terms and conditions as amended from time to time in accordance with clause 21.

“Consumer”

a ‘consumer’ as defined by the Consumer Rights Act 2015, being an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession. 

“Contract” 

the contract between the College and the Hirer for the supply of Services in accordance with these Conditions.

“Event”

the meeting, conference, workshop, function, party, game, show, hire or any other event to be held at the Venue during the Hire Period as specified in the Event Booking Form.

“Event Booking

Form”

the booking form signed by the Hirer and on behalf of the College in such form as the College may require, and setting out the details of the hire of the Venue by the Hirer.

“Event Supervisor”

the employee representative of the College co-ordinating the Event.

“Force Majeure

Event”

any circumstance not within the College’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or sub-contractors; and interruption or failure of utility service.

“Hire Period”

the period of hire of the Venue as set out in the Event Booking Form (which, for the avoidance of doubt, shall include set up and clear time).

“Hirer” 

the person or firm who hires the Venue from the College.

“Normal College

Hours”

8.30am until 5.00pm on any Business Day.

“Premises”

the College’s Preston campus estate.

“Services”

any ancillary services to the hire of the Venue to be provided by the College, as set out in the Event Booking Form.

“Venue”

such part(s) of the Premises as identified in the Event Booking Form on/in which the Event is to take place.

2.

THE CONTRACT

2.1

The Event Booking Form constitutes an offer by the Hirer to hire the Venue in accordance with these Conditions and shall only be deemed to be accepted when signed by the College at which point and on which date the Contract shall come into existence (“Commencement Date”). 

2.2

Any drawings, descriptive matter or advertising issued by the College, and any descriptions or illustrations contained in the College's brochures, are issued or published for the sole purpose of giving an approximate idea of the Premises and other College centres described in them.  They shall not form part of the Contract or have any contractual force. 

2.3

These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4

Any quotation given by the College shall not constitute an offer, the Venue may be hired subject to availability and the agreement of the Principal and College Corporation or their delegates.  The College is under no legal obligation to hold events on its Premises which are open to the outside public and reserves the right to refuse an application without explanation.

3.

CHARGES AND PAYMENT

3.1

The Charges for the hire of the Venue and any Services shall be as set out in the Event Booking Form.  Any requirement for a deposit shall be set out in the Event Booking Form.

3.2

A deposit, or full payment, may be required when confirming the booking and will be stated in the Event Booking Form.

3.3

The College reserves the right to vary the Charges upon 7 days’ written notice where the College’s costs of providing the Services are increased due to factors beyond the College’s control.

3.4

All Charges quoted are inclusive of all utility charges, but exclude all other costs (including, but not limited to use of telephone, photocopying, College materials etc) which will be recharged to the Hirer at the rate applicable at time of use.

3.5

Payment must be made by the Hirer in accordance with the payment terms specified in the Event Booking Form.

3.6

Without prejudice to any other right or remedy that it may have, if the Hirer fails to pay the College any sum due under the Contract on the due date:

(a)        the Hirer shall pay an additional charge, equivalent to 5% of the invoice value (net of VAT), plus VAT if applicable, on invoices unpaid after 90 days;

(b)        the College may terminate the Contract in accordance with clause 7.4(a).

3.7

All sums payable to the College under the Contract:

(a)        are exclusive of VAT, where applicable, and the Hirer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and

(b)        shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

4.

USE OF THE VENUE

5.

EQUIPMENT

5.1

No furniture, fittings or equipment shall be moved or removed by the Hirer.

5.2

Temporary fixtures must not be nailed, screwed or otherwise affixed to walls, floors, furniture or buildings, and placards are not to be posted on College buildings without prior permission from the College.

5.3

No tents, marquees, temporary structures, generators etc are to be erected or used on the Premises without prior permission from the College.

5.4

The Hirer may only erect any Event-specific materials at the commencement of the Hire Period and must remove them immediately following the end of the Hire Period.  Any property left by the Hirer on the Premises after the Hire Period may be removed and stored/disposed of at Hirer’s risk.

5.5

The Hirer must ensure during the Hire Period that the Venue, surroundings and equipment are kept in a clean and tidy condition, secure when not in use and at the end of Hire Period are litter and damage free and properly secured and stored.

6.

SERVICES

6.1

The College shall supply the Services to the Hirer as set out in the Event Booking Form. 

6.2

The College shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the College shall notify the Hirer in any such event.

6.3

The College warrants to the Hirer that the Services will be provided using reasonable care and skill. 

7.

CANCELLATION

8.

SAFEGUARDING AND PREVENT

Safeguarding

8.1

The College considers the safeguarding of anyone using, renting or hiring the College facilities a priority. (whether this involves financial arrangements or unpaid). The College Corporation has a duty to ensure that appropriate safeguards are in place including due diligence and transfer of control agreements as highlighted in this section.

As such appropriate policies and procedures are in place to protect the College and individuals.  The College’s Child Protection and Safeguarding policy and procedure sets out the College’s commitment to safeguarding. Myerscough College | Policies

8.2

If an activity or event involves children or young people under the age of 18:

·       the College has a duty to and will conduct further checks and clarification that the Hirer has the appropriate safeguarding policies, procedures and process in place.

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