RECREATION PARK

The following are general conditions relating to the hire of outdoor sports pitches, play areas, facilities and training areas within the Creech St Michael Recreation Park.

These conditions should be read in conjunction with any individual conditions or arrangements agreed with the hirer.

1.0 Definitions

1.1 The “Contract” means the completed Booking Form (generated by the Parish Council’s booking system) signed by the Hirer, together with these Booking Conditions and the Fee Schedule (both as shown on the Parish Council’s website).

1.2 The “Hirer” means the individual completing the Booking Form and they will be the person responsible for payment and for any debt arising out of making bookings.

1.3 The “Facility” means the premises (or parts thereof) managed by the Parish Council and includes any equipment and/or facilities provided for use by the Hirer under this Contract.

1.4 ”Clerk” means the individual within the Parish Council responsible for allocating the facility and for invoicing the Hirer.

1.5 The “Parish Council” means the local authority known as Creech St Michael Parish Council that is responsible for Creech St Michael Recreation Park. 

2.0 Booking
2.1 Applications for the hire of the facility will only be considered on submission of a completed Booking Form. When the hire has been confirmed by the Parish Council, a binding Contract will exist.

2.2 If subsequent changes to the hire are required, the Parish Council will make every effort to accommodate the Hirer but cannot guarantee that the facility will be available.

2.3 Any potential Hirer with an outstanding debt to the Parish Council must clear that debt before they will be provided with any further booking.

2.4 By entering into this agreement, the Hirer accepts that the Parish Council will hold their details for the purpose of carrying out the booking. The Parish Council will not use this information for any other purpose apart from any future bookings the Hirer may make. See also the Parish Council ‘General Privacy Notice’, available on the Parish Council’s website.

2.5 The Hirer will be responsible for all bookings and charges made on behalf of its organisation.

3.0 Obligations of the Hirer

The Hirer is to be responsible for.
3.1 The supervision and control of competitors (including the opposition team), visitors, spectators and officials at the facility.

3.2 Informing the Parish Council of any injury sustained by any player, spectator or other person onsite during the period of hire. The Hirer must inform the Clerk in writing, within 72 hours of the incident occurring, detailing the location, time and date of the accident, the nature of the injury sustained and the likely cause of the injury by emailing clerk@creechstmichael.net

3.3 Ensuring that all users conduct themselves in a proper and correct manner with due consideration to other users and Parish Council employees and volunteers. Abusive and/or threatening behaviour, whether verbal or physical, towards an employee or volunteer of the Parish Council, match officials or other members of the public on site will not be tolerated for any reason and may lead to the Parish Council cancelling all future bookings for the individual and/or the team. Any such incidents will be investigated on a case by case basis.

3.4 Ensuring that all users remain within the boundaries of the facility allocated to them at the time of the booking and that those users do not transfer to any other facility during the period of the hire.

3.5 Ensuring that no users make use of the facility if the Parish Council, member of the emergency services or match official has cancelled a fixture (see Section 10 below). This includes use for training and/or non-competitive games.

3.6 Ensuring that no users leave any valuables on site unattended during the period of hire (refer also to Section 15 below). Any such valuables are brought in to the facility entirely at their owner’s risk.

3.7 Ensuring that the Facility (and all parts thereof in connection with the hiring) are left in a clean and tidy condition, ensuring that all equipment is returned and secured within the building, that the Pavilion (if hired) is locked after use, and that all litter is removed from the site or placed in the bins provided.

3.8 In the case of use of MUGA 2, ensuring that access gates to the are locked immediately after the hire period endds.

3.9 Ensuring that the collection and return of keys required to use the Facility is done in a timely manner. This can be arranged with the Clerk at the beginning and end of each season (the Hirer may nominate someone to carry this out on their behalf). A deposit may also be required for each set of keys issued.

3.10 Ensuring that all users comply with these Terms and Conditions and with all reasonable requirements of the Parish Council for the safety and convenience of those using the Facility.

3.11Contacting the Assistant Clerk by telephone in the event of an emergency, on 07708 680797.

3.12 Ensuring that all users (both from the Hirer and their competitors or participants) are made aware of these Terms and Conditions to ensure that they are familiar with the agreement between the Hirer and the Parish Council.

3.13 Ensuring that all users respect the privacy of residents living adjacent to the facility, and their right to the quiet enjoyment of their homes.

3.14 Informing the Parish Council of any cancellations within the specified time period as stated within Section 10 below.

3.15 Ensuring that any activities for children, young people and adults at risk are only provided by fit and proper persons in accordance with the Children Act 1989 and 2004, the Safeguarding Vulnerable Groups Act 2006 and any subsequent legislation. When requested, you must provide us with a copy of your Safeguarding Policy and evidence that you have carried out the relevant vetting procedures on all individuals, including volunteers, that will be engaged in activities conducted on council property. All reasonable steps must be taken to prevent harm and the potential for harm, and to respond appropriately when harm does occur. You have a duty to report any safeguarding concerns to the parish council within 48 hours of an incident occurring

4.0 Pitch Allocations
4.1 The Hirer will be allocated a specific pitch at the time of booking (please refer to Section 3.5). The Hire is for that pitch only plus equipment where applicable.

4.2 For Ad-hoc bookings requested by a Hirer with a completed current season Booking Form, the Parish Council will make every effort to accommodate the Hirer but the Parish Council cannot guarantee that pitches will be available at short notice.

4.3 For Ad-hoc bookings made by any Hirer without a current season Booking Form, the Parish Council will require receipt of a fully completed Booking Form plus full payment in ‘Cleared Funds’ prior to the Hirer commencing any use of the pitches.

4.4 The Parish Council will only accept fixture lists and/or other bookings from the individual named on the Booking Form unless notified otherwise in writing beforehand by that person.
Allocation slots will be for a maximum of three and a half  hours (which allows adequate time should a fixture require extra time), including set up and taking down of equipment.

5.0 Changing Rooms
5.1  If required, Changing Rooms must be booked prior to the fixture taking place and keys provided Changing Rooms will be available 30 minutes prior to kick off and for 30 minutes after the fixture has ended. One changing room consists of two units that will cater for home and away teams.

5.2 The away team will only be allowed access to a changing room if the Hirer has booked it.

5.3 It is the Hirer’s responsibility to ensure that all changing rooms used are cleaned at the end of each booking, to check for damage, to ensure that lights are switched off, and for locking up afterwards (including setting any alarms).

5.4 Any damage to the Pavilion must be reported to clerk@creechstmichael.net This must include as much detail as possible as to the location of the damage and of its cause, to ensure that the correct party is billed for this (see Section 14 below).

6.0 Refusal of Booking
6.1 The Parish Council reserves the right to refuse any application for the hiring of a Facility without being required to give any reason for such refusal.

7.0 Fees and Charges
7.1 The Council reserves the right to vary its charges without notice. Fees will be charged at the rates shown at the time on the Council’s website.
If the Hirer’s use of the Facility proceeds beyond its allocated time, the Hirer will be liable for an excess charge. These incidents will be investigated on a case by case basis, but the excess will generally be charged at twice the applicable rate.

8.0 Payment
8.1 The person who has completed and signed the Booking Form will be responsible for payment of the fees and liable for any debt that arises out of this Contract.

8.2 For ad‑hoc users the fee must be paid, in ‘cleared funds’, prior to use of the facility (cheques made payable to Creech St Michael Parish Council).

8.3 For regular users, an invoice will be issued to the Hirer at the beginning of each quarter for pitches hired in the previous quarter, and payment will be due within seven days. If the Parish Council has not received payment within the above seven days, no further use of the facilities will be permitted until the debt has been recovered in full.

9.0 Cancellations by the Parish Council
9.1 The Parish Council will endeavour to provide the facilities on the date and time booked by the Hirer. However, in the case of bad weather conditions or under exceptional circumstances (e.g. for health and safety reasons), the Parish Council reserves the right to cancel the use of the facilities at any time. In such circumstances the Parish Council will refund the cost of the hire but shall be under no liability for any expense incurred or loss sustained by the Hirer as a result of the cancellation.

10.0 Cancellations by the Hirer
10.1 The Hirer is responsible for notifying the Clerk in writing by emailing clerk@creechstmichael.net of any cancellations or alterations of a booking at least three clear days in advance of the date of proposed hire.

10.2 If the Clerk does not receive written notification at least three clear days in advance of the proposed hire, the Hirer will be required to pay the full cost of the hire, unless Article 10.3 (below) applies.

10.3 In the event that a sports fixture is cancelled by the match official, it is the responsibility of the Hirer to notify the Clerk within 48 hours of the date of the fixture. Failure to do so will result in the Hirer being required to pay the full cost of the hire.

10.4 On rare occasions, such as inclement weather, where circumstances prevent the Parish Council’s contractors from carrying out line marking of the pitches, the match official and teams are responsible for the decision as to whether to proceed on the day. No discount or refund will be applied should the teams decide not to proceed with the fixture.

11.0 Right of Entry
11.1 Members of the Parish Council, The Rec Park Committee and its Officers shall at all times during the period of hire have free and unrestricted access to the Facility and instructions must be given by the Hirer to its officials for this access. The Parish Council reserves the right at its absolute discretion to refuse admission to or evict any person from the Facility.

12.0 Prohibition of Assignment
12.1 The rights to use the Facility under the Contract shall not be sublet, assigned or otherwise transferred and the Hirer shall not assign the benefit or burden of the Contract or any part thereof, or sublet or subcontract any part of the Facility.

13.0 Liability
13.1 The Parish Council is not responsible for, and will not accept liability for, any loss, damage, injury or death, (whether to property or person) sustained by any person or persons in the Facility, howsoever caused, except where such loss, damage, injury or death is caused by the Parish Council’s negligence or any defect in its premises.

14.0 Indemnity
14.1 The Hirer shall repay the Parish Council on demand the cost of reinstating, repairing or replacing any part of the Facility or any property in or upon the Facility, which is damaged, destroyed, stolen or removed during the period of hire, or prior or subsequent thereto if in relation to or by reason of the hiring.

14.2 The Hirer shall obtain Public Liability Insurance for a minimum of £2 million to indemnify the Parish Council against any death or injury to any party, or loss or damage of property belonging to any persons arising out of the use of the Facility during the period of hire.

14.3 The Hirer is required to produce evidence of such insurance as described above at least 14 days before the date of hiring, or at the time of booking if that is less than 14 days before the event. Failure to provide this evidence will automatically cancel any booking application which has been made.

14.4 The Hirer shall indemnify the Parish Council against all claims, demands, actions and proceedings arising out of any infringement of copyright, or the unauthorised performance or use of any recording apparatus or contrivance at the Facility during the period of hire.

15.0 Personal Property
15.1 The Parish Council may remove (and store if practical) any property left behind by the Hirer after the expiry of the times provided in the Contract. The Parish Council shall not be held responsible for any damage to or theft of any such property during any such removal or storage. The Hirer agrees that the Parish Council shall be entitled to dispose of any property left at the Facility as a result of the hiring and not claimed within 28 days.

16.0 Car Park
16.1 The car park at the Facility may be used by the Hirer but remain under the control of the Parish Council and available to other users of the Rec Park. Officials and participants may use the car park free of charge to park their own motor vehicles but these vehicles are left entirely at their owner’s risk. The Parish Council does not make any claim or warranty as to the safety of the car park.

16.2 The Hirer must ensure that cars parked at the Facility do not cause damage to grass verges or the surface of the car park and do not restrict access to any emergency services if required to respond to a call in the vicinity.

17.0 Notices
17.1 No notices or placards erected, displayed or provided by the Parish Council may be removed or covered up.

18.0 Collections and Lotteries
18.1 No collections, games of chance, sweep stakes or lotteries nor any betting of any kind may be conducted at the Facility.

19.0 Broadcasting, Advertising and Photography
19.1 No Hirer shall grant sound, advertising, television broadcasting or film rights without the prior written consent of the Parish Council. If such consent is given, the Parish Council reserves the right to be a party to any negotiations and to the terms and conditions of any Contract reached, and to share any income and publicity derived therefrom.

19.2 Photography and filming at the Facility may not take place without written consent from the Parish Council.

20.0 Variations to the Contract
20.1 The Parish Council reserves the right to vary the conditions of this Contract at any time on seven days’ notice. Any variation so made shall be deemed to be incorporated in these conditions. In such circumstances, the Hirer may, within 7 days of receipt of such notice, terminate the Contract.

21.0 Violations to the Contract
21.1 The Parish Council reserves the right to terminate any activity if it appears that any of these Booking Conditions have been or are being violated. Such determination shall not release the Hirer from any obligation under these conditions or affect any right of remedy which the Parish Council may have under these conditions or otherwise. The Parish Council shall be entitled to retain and benefit from any monies paid to them in respect of the letting.