Hire Terms and Conditions

Terms and Conditions of Use of Academy Facilities

Responsible Manager

Trust Estates Lead Compliance Officer / COO

Approval Date

January 2026

Issue Number

1.0

Review Date

January 2027

1. Definitions

1.1 In these Terms and Conditions:

· Activities means the activities (stated on the Booking Form) carried out by the Third Party for the duration of the Hire Period on the Venue Premises;

· Booking Form means online booking form or hard copy thereof;

· Company means Potteries Educational Trust and also (where the context permits) its assigns and any sub-contractor for the Company;

· Contract means the contract between the Third Party and the Company comprising the Booking Form and Terms and Conditions of Use and codes of conduct entered into upon the Company notifying the Third Party that it has accepted the booking;

· Equipment means any equipment under the ownership, possession or control of the Company or otherwise present on the Facilities that is made available to the Third Party or to which the Third Party has access for use in connection with the Activities;

· Event of Force Majeure means, as regards a party, the occurrence of circumstances beyond the reasonable control of that party including (without limitation) industrial action, strikes, lockouts, blockades, riots, act of war, piracy, destruction of essential Equipment by fire, explosion, unfitness of playing fields for use, flood, earthquake, failures of, shortages in or a loss of access of Equipment, power, supplies, fuel or transport facilities at the Facilities;

· Expiry Date is the date of completion of the hire period set out on the Booking Form;

· Facilities means that part of the Venue Premises stated on the Booking Form;

· Facilities Staff means any employee or representative of the Company and the Company's sub-contractors with responsibility for the Venue Premises and Equipment;

· Hire Charge means the cost of hiring the Facilities and (where appropriate) the Equipment as specified in the Booking Form together with any additional charges or costs incurred due to loss or damage for which the Third Party is responsible for, and Hire Charges shall be construed accordingly;

· Hire Period means any and all periods of time during which the Third Party is permitted to use the Facilities and (where appropriate) the Equipment as stated in the Booking Form;

· Payment request – automated payment request

· Regular Hire means hire on a periodic basis;

· Regular Hire Session means one of the sessions which together with other sessions comprise a period of Regular Hire;

· School Premises means the school premises of the Company at which the Activities shall take place;

· Special Event means hire for “one off” Activities during a specific Hire Period only;

· Third Party means the person, organisation, club, firm or company with whom the Contract is made, and

Third Party User means any person under the control of, connected with or on the Venue Premises with the consent of the Third Party.

2. General

These Terms and Conditions of Use shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any order, letter, form of contract or other communication sent by the Third Party to the Company and the provisions of these Terms and Conditions of Use shall prevail unless expressly varied in writing and signed by a director of and on the Company's behalf. The Company may issue supplementary Terms and Conditions and or codes of conduct which will be an addition to and not a replacement of these Terms and Conditions.

2.2 Any concession made or latitude allowed by the Company to the Third Party shall not affect the strict rights of the Company under the Contract.

2.3 If any particular clause of these Terms and Conditions of Use shall be or held to be invalid ther other clauses of the Terms and Conditions of Use shall continue in full force and effect.

3. Health and Saftey

Whilst on the Venue Premises all Third Party Users must comply with the provisions of any relevant and applicable health and safety legislation and with all reasonable health and safety procedures applied or notified by the Company.

3.2 Fire doors and doors fitted with automatic closure shall not be interfered with by Third Party Users.

3.3 Third Party Users shall not obstruct any corridor, passage, entrance or exit of the Venue Premises.

3.4 The Third Party Users shall ensure that there is no interference whatsoever during the Hire Period with fire extinguishers or any other fire fighting equipment, except in the case of emergency.

3.5 Any electrical equipment brought on to the Venue Premises by the Third Party Users must have prior agreement with the Facilities Staff and have a current Portable Appliance Tested (PAT) certificate displayed on such equipment (indicating that the PAT test was performed no more than 12 months previous) or a dated purchase receipt for new electrical equipment, indicating that the purchase date was no more than 12 months previous.

3.6 The Third Party will under no circumstances bring fireworks or pyrotechnics onto the Venue Premises. No gas container or apparatus which when being used has a naked flame is permitted in any area of the Venue Premises unless prior permission from the Company has been granted.

3.7 Abusive behavior by any Third Party Users towards Facilities Staff and other users of the facilities will result in an immediate termination of booking.

3.8 Third Party Users confirm that upon entering into the Contract they have read and understand the emergency evacuation procedures of the Facilities and Venue Premises and that they will share this information with any individual or group of individuals that they are responsible for bringing onto the Venue Premises.

3.9 Third Party Users should notify in writing to a member of Facilities Staff within 5 days following the occurrence of any of these incidents: injuries or illnesses, incidents or near misses, property loss or damage, environmental and building damage or theft.

5. Intoxicating Liquors & Substances

5.1 Third Party Users are prohibited from bringing onto or consuming on the Venue Premises any intoxicating substances or illegal drugs.

6. Smoking

6.1 The smoking of cigarettes, e-cigarettes, pipes, cigars or any other matter on the Venue Premises is strictly prohibited. It is the duty of the Third Party to inform all Third Party Users of this rule and ensure it is adhered to.

7. Noise

7.1 Noise must be kept within reasonable limits and Third Party Users must comply with the instructions of the Facilities Staff in this respect.

8. Activities

8.1 Where an Activity is a sport, Third Party Users must ensure that it is carried out and supervised in accordance with the appropriate rules and safety recommendations of the governing body of the sport concerned.

8.2 The Third Party agrees that the Facilities Staff decision on the fitness of a ground for play will be final.

8.3 Third Party Users must not wear studded boots on all-weather pitches during the Hire Period or indoors of the Facilities.

8.4 Where the activity is Music or Dance It is the responsibility of the Third party to obtain and provide a copy of a PPL (public performance license) for any recorded music being played on the School Premises

8.5 The use of specified pianos by competent and authorised Third Party Users may be permitted at the discretion of the Company and/or the Facilities Staff (to be discussed and specified at the time of booking)

9. Payment

9.1 In consideration of the provision of the Facilities the Third Party agrees to pay the Hire Charges to the Company prior to the commencement date of the Hire Period -, unless otherwise set out in the Booking Form and in the event of any subsequent additional payment requests as detailed in Clause 11.2 below within 7 days following the date of such request. Failure to pay a Hire Charge and/or any subsequent additional payment request may result in the Third Party forfeiting without compensation all or any (present or future) of the Hire Period.

9.2 The Third Party agrees to pay the costs incurred by the Company in repairing or replacing any of the Venue Premises, the Facilities or Equipment lost, damaged or destroyed by the Third Party or Third Party User and the Company will include such costs as part of an additional payment request.

9.3 The Hire Charges are payable as set out in the Booking Form at the time of booking

9.4 The Company agrees that each payment request issued by the Company to the Third Party will include details of:

(a) Amount due

(b) Activity date range

9.5 Save where the Third Party is disputing any sums of the additional payment requests in good faith, in the event that sums due from the Third Party under these Terms and Conditions of Use are overdue, the Company shall, having given the Third Party notice of its intention so to do, be entitled, without prejudice to its other rights, to suspend the use of the Facilities by the Third Party whilst sums of the additional payment requests due to the Company under these Terms and Conditions of Use remain overdue or alternatively the Company may terminate the Contract.

9.6 Without prejudice to any other rights the Company may have the Company is entitled and the Third Party agrees (both before and after any judgment) to charge an administration fee of £25.00 on overdue payments of the Hire Charges and/or any additional payment request (where the Company has agreed to late payment of the Hire Charge or an additional payment request) and if required the debt would increase immediately by charges levied by any court action.

10. Cancellation of a Period of Hire

a. Special Events

10.1 The Third Party may cancel a Special Event booking by giving notice in writing to the Company not less than [eight (8)] weeks before the start of the Hire Period.

10.2 Where written notice of cancellation of a Special Event booking by the Third Party is received less than [eight (8)] weeks before the start of the Hire Period, the Company shall be entitled to:

(a) 20% of the Hire Charge where notice of cancellation is given less than eight (8) weeks but more than four (4) weeks before the Hire Period;

(b) 50% of the Hire Charge where notice of cancellation is given more than two (2) weeks but less than four (4) weeks before the Hire Period;

10.3 Where the Company cancels a booking for a Special Event before the start of the Hire Period, the Company shall repay to the Third Party the Hire Charges applicable to such Special Event and paid to date.

b. Regular Hire

10.4 Either party may cancel a Regular Hire Session by giving notice in writing to the other party a minimum of 7 days before the start date of that Regular Hire Session. Where the Company cancels a Regular Hire Session within 7 days of the Regular Hire Session, the Company will endeavour to provide alternative facilities where practicable and should alternative facilities be unavailable, the Company shall repay to the Third Party any Hire Charges paid in respect of that session.

10.5 If written notice of cancellation of a Regular Hire Session by the Third Party is received by the Company less than 7 days before the start date of the Regular Hire Session, the Third Party shall be obliged to pay the Company the relevant Hire Charges as if the Regular Hire Session had taken place.

11. Liability

11.1 The Third Party shall be liable for any damage to the Venue Premises or the fixtures, fittings, furniture and any articles belonging to the Company and caused by the Third Party or the Third Party Users. No screws or nails shall be driven into the walls, floors or ceiling of the Venue Premises or its furniture, fixtures or fittings.

11.2 Third Party users agree to use the facilities at their own risk and except in the case of death or personal injury casued by the companies negligence, the company limits its liabilty for any damage to or loss of goods or property bought on to the venue premises by any third party users to twice the hire charge for the period in which the liabilty arises.

11.3 It is the responsibility of the Third Party Hirer to secure valid and adequate insurance for their respective activities which covers all Third Party requirements. Details of this insurance are to be provided to the Company at the time of booking.

12. Termination and Post Termination

12.1 The Contract shall automatically terminate on the Expiry Date.

12.2 The Company may terminate the Contract by notice in writing to the Third Party if the Third Party:

(a) cancels more than 25% of the Regular Hire Sessions within a Regular Hire Period; or

(b) commits a serious breach of any of its obligations under these Terms and Conditions of Use; or

(c) becomes bankrupt, insolvent or enters into liquidation or receivership or is the subject of an application for an administration order or suffers an administrative receiver to be appointed in relation to the whole or any part of its assets or makes a composition or arrangement with its creditors or suffers any judgement to be executed in relation to any of its property or assets.

12.3 In the event of termination by the Company for the reasons set out in Clause 12.2(a) and where the Company, acting reasonably, is unable to procure an alternative user for the remaining Regular Hire Sessions, the Third Party shall be liable to pay to the Company a sum equivalent to the Hire Charge costs of the Regular Hire Session

12.4 Termination of the Contract shall not affect any rights or obligations of the parties which accrued prior to termination.

12.5 Termination of the Contract shall not relieve any party of any obligation under these Terms and Conditions of Use which is expressed or which by implication is intended to continue after termination.

12.6 If the Company continues to provide any Facilities to the Third Party after the termination of the Contract such provision shall not be construed as a waiver of the termination of or as a renewal of the Contract.

12.7 Neither party shall incur any liabilty to the other in the event it is prevented from, hindered or delayed in the performance of its obligations under the contract by an event of Force Majeure.

13. First Aid and Emergency Situations

13.1 The Third Party should arrange for first aid qualified personnel to attend medical emergencies during the Hire Period. For tournaments, competitions or other large events, the Third Party shall where required by the Company contact the British Red Cross or St Johns Ambulance Brigade and arrange, at the Third Party’s sole cost, to have a qualified person from such an organisation in attendance at all times during the Hire Period. The Third party acknowledges that the Company does not provide first aid qualified personnel, however the Facilities Staff are able to contact the emergency services.

13.2 The Third Party must familiarise themselves with the ‘BREAK GLASS’ point nearest to your immediate location. On discovery of emergency – fire etc – push ‘BREAK GLASS’ point, a siren will sound and the Facilities Management Team will be informed of the location of the emergency.

13.3 On hearing the alarm the Third Party must ensure that all Third Party users cease using the facility and proceed to the nearest exit and assemble in the designated Community Users Muster point located at the front of the Venue.

13.4 It is the Third Party’s responsibility to take a register of all their Third Party Users at the beginning of their Hire Periods to act as a fire register.

13.5 The Company must be informed by the Third Party in advance of any particular Third Party User who may require assistance in the event of an emergency

13.6 On NO account should any unauthorised person re-enter the building.

13.7 It is the Third Party’s responsibility to take a register of all their Third Party Users at the beginning of their Hire Periods to act as a fire register.

13.8 All accidents and incidents must be reported to the Company. Copies of the relevant report should be sent in writing no more that 7 days after the event to the Company.

14. Carpark

14.1 Whilst on the Venue Premises all Third Party Users must comply with the provisions of any relevant and applicable vehicle management procedures applied or notified by the Company.

14.2 Third Party Users shall not obstruct any emergency vehicle routes, entrance or exit of the Venue Premises.

14.3 Disabled bays are for Third Party Users who are in possession of a valid and proper displayed disability blue badge.

14.4 The Company cannot be held responsible for any damage or theft to cars using the car park. The Third Party parks at their own risk.