Sherfield - Exclusively Yours...An idyllic countryside setting in North East Hampshire, right on the doorstep to London

Terms & Conditions

1 Definitions

1.1 In these Terms and Conditions the following words shall have the following meanings: “booking form” means the form to which these Terms and Conditions are attached; “customer” means the person, firm or company, details of which are set out on the booking form, which is hiring the facility and, where the context so admits, shall include its employees, agents and any other person using the facility with the express or implied authority of the customer; “Equipment” means the equipment required by the customer as set out in the booking form; “Facilities” means the facilities required by the customer as set out in the booking form;

“Hire Period” means the period during which the facilities and equipment are hired as set out in the booking form;
“Personnel” means any agent, employee, independent contractor, guest or visitor of the customer;
“School” means Sherfield School, located at Sherfield on Loddon, Hampshire.

2 Formation of contract

2.1 These terms and conditions shall apply to all agreements entered into by the school in respect of the hire of the facilities. No addition to, variation of or exclusion of these terms and conditions or any of them shall be binding on the school unless it is confirmed in writing and signed on behalf of the school.

2.2 These terms and conditions shall prevail over and override any inconsistent terms and conditions whether express or implied contained in or referred to in the customer’s acceptance or in any correspondence between the customer and the school or elsewhere. Any agreement to the contrary is expressly excluded.

2.3 There shall be no binding agreement between the school and the customer for the hire of the facility unless and until the customer has delivered a completed and signed booking form to the company and has received it back signed on behalf of the school.

3 The Facilities and the Equipment

3.1 The school agrees to provide to the customer the facilities and the equipment as set out in the booking form throughout the hire period.

3.2 The customer shall be entirely responsible for:

3.2.1 compliance by the customer and the personnel with all rules and regulations applicable to the use of the facility and all lawful directions of the school relating to that use including in particular any decision by the school to refuse admission to or reject any of the personnel;
3.2.2 the acts or omissions of the customer and the personnel while in the facility;
3.2.3 the use by the customer and the personnel of the facilities and equipment; and
3.2.4 all direct or indirect results arising from the acts or omissions of the customer and the personnel while in the facility and from the use by the customer and the personnel of the facilities and equipment.

3.3 In giving any lawful direction directly to the personnel the company shall be acting as the agent of the customer and shall not be liable for any loss or damage to the customer however arising from compliance by the personnel with the company’s

4 Payment

4.1 The company shall not be liable to the customer under any agreement for the hire of the facility unless any hire charges set out in the booking form have been paid in full by the due date specified on the booking form.

4.2 If the customer fails to pay any amount due to the company, the company shall be entitled to treat the customer as having repudiated the agreement with the company.

5 Inspection

5.1 The customer may inspect the equipment and the facilities by prior arrangement with the company during normal business hours before the commencement of the hire period. It shall at all times be the customer’s responsibility to satisfy itself that the equipment and the facilities are suitable for the customer’s purpose.

5.2 It is not a condition of any agreement between the company and the customer and there is no express or implied warranty on the part of the company that the equipment and/or the facilities are fit for the purposes of the customer and there is no obligation whatever on the part of the company to assess the needs of the customer or to advise the customer in relation to such needs. Any assessment or advice which may be given by the company is entirely without liability on the part of the company and does not form part of any agreement between the company and the customer.

6 Use

6.1 The facility must be vacated on time and left in a clean and tidy condition.

6.2 No alcoholic drinks may be consumed anywhere in the facility or on any other part of the company’s premises unless prior agreement has been obtained from the company. In such circumstances a licence will be required for events where alcohol is sold or supplied.

6.3 No smoking will be permitted anywhere in the school buildings. Smoking outside must be by prior arrangement with the Facilities Manager in designated areas.

6.4 No open fires, candles or unauthorised electrical equipment shall be used in the facility or on any other part of the premises.

6.5 No indecent or immoral activity is permitted on any part of the premises.

6.6 Noise levels must be contained to a reasonable level at all times and after 10.30pm no noise shall be audible in any neighbouring premises.

6.7 No betting or gambling is permitted at the premises.

6.8 If the customer wishes to provide public music, dancing or other public entertainment, the customer must first obtain any necessary public entertainment (etc) licence and submit a copy of it to the company when submitting its booking form to the Company.

6.9 The customer can contact the Site Manager at all reasonable times on 07780 838501. Restrictions with regard to numbers of people in designated areas must be adhered to.

6.10 Where the facility is hired for children’s use or events, the statutory regulations with respect to the ratios of adults to children must be adhered to. The customer must liaise with the Site Manager regarding security.

6.11 No animals (apart from guide dogs) are allowed on the premises.

6.12 The customer must ensure that vehicles are parked within the designated area. Vehicles brought on to the school’s premises are left at their own risk and the company accepts no responsibility for any damage sustained to them. Cars may only be left overnight with the permission of the Site Manager.

6.13 Where the customer brings any electrical equipment on site then it shall be responsible for ensuring that it has been tested in accordance with the portable appliance testing procedure and has a current sticker displayed in the item confirming suitability.

6.14 Any damage to the facilities and equipment must be reported immediately to the Site Manager.

6.15 Any equipment used must be replaced to its original storage position.

6.16 No equipment other than the equipment shall be used without the prior agreement of the school and shall be at the customers own risk.

6.17 No polish or similar materials are to be applied to floor surfaces and any spillages are to be reported to the Site Manager.

6.18 No stilettos, studded shoes or other types of footwear likely to cause damage to the floors are allowed.

6.19 Personal possessions brought into the school by the customer are left entirely at the customer’s own risk and the school shall not be held responsible for any theft, loss or damage of such personal possessions howsoever caused.

7 Cancellation

7.1 The company will make every reasonable effort to give reasonable notice to the customer should it become necessary to cancel or postpone a booking.

7.2 Sports hirers must provide the company with at least 24 hours notice of cancellation otherwise a full charge will be made.

8 Overstay

8.1 If the customer fails to vacate the facility at the end of the hire period the company shall be entitled to charge or recover from the customer as a contract debt due and payable immediately on demand:

8.1.1 the rate specified in the booking form for each hour or part hour during which the customer remains;
8.1.2 any and all sums representing the liability of the company to third parties whose period of hire of the equipment or the facilities has been affected by the late occupation of the customer; and
8.1.3 any and all losses directly and indirectly suffered by the company arising as a result of such late occupation.

9 Health and Safety

9.1 The customer shall observe, perform and comply with all applicable statutes, rules, regulations and orders relating to its activities on the customer’s premises, including without limitation the Health and Safety at Work Act 1974 and all associated regulations and approved codes of practice and the customer undertakes to ensure so far as reasonably possible the health, safety and welfare at work of all personnel and any other person using the facility with the express or implied authority of the customer.

9.2 The customer confirms that the company and any inspector appointed by the Health and Safety Executive, any fire officer or officer of any other regulatory body having authority over the facility shall have the right to inspect without prior notice at any reasonable time the equipment and the facilities for the
purpose of complying with such inspector or officer’s duties or for the purpose of ensuring compliance by the customer with its obligations.

9.3 The customer shall undertake that it shall not bring into the facility any materials which are of a dangerous nature or an explosive nature or any materials whose possession, storage or use might contravene any statute, local regulations or bye-laws or constitute a nuisance to third parties.

10 Liability

10.1 Nothing in these terms and conditions shall exclude or restrict the liability of either party to the other for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

10.2 Subject to Condition 10.1, the total liability of the company to the customer in respect of any loss or damage, costs or expenses, suffered by the customer and arising directly or indirectly from any breach of contract, negligence or omission or breach of statutory duty on the part of the company in performing its agreement with the customer, shall not exceed the aggregate amount that the parties can recover in respect of direct loss from their respective insurers under the policies of insurance effected by them in accordance with Condition 11.

10.3 The following are conditions precedent to any liability of the company:

10.3.1 in relation to any liability under conditions 10.1 and 10.2, that the claim is notified to the company immediately on the happening of the occurrence;
10.3.2 in respect of any liability under condition 10.2, that the company has failed to remedy such breach or act on the part of the company within a reasonable time after notice under condition 12.5; and in respect of any liability under Condition 10.2, that the customer shall not have compounded or contributed to such liability of the company.

10.4 The customer undertakes to indemnify the company and keep it fully and effectively indemnified from and against any and all costs, claims, fees, expenses, awards, demands or damages it may suffer or make:

10.4.1 as a result of the death, injury, damage or loss suffered by any third party or any employee of the company or those engaged by it or connected or associated with it as a direct or indirect result of any act or omission by its personnel or any other person using the facility with the express or implied authority of the customer, whether negligent or accidental, whether occurring when any such person is acting alone or when carrying out any direction, request or instructions of the customer;
10.4.2 as a result of any breach by the customer of any of the provisions of this agreement or any failure or delay in connection with the same; and
10.4.3 as a result of any loss suffered by the customer in excess of the amount of the insurance cover provided by the company including expressly but not limited to loss of profits, loss of goodwill, damage to reputation and all remote and indirect loss or damage whatever.

11 Insurance

11.1 In respect of any liability of the company under Conditions 10.1 and 10.2 the Company shall ensure that it effects and maintains insurance giving cover up to the limit of £5 million, which limit the customer agrees as being fair and reasonable for the company to maintain as at the date of this agreement.

11.2 The customer warrants and undertakes that the aggregate amounts of the insurance cover maintained by the company together with any additional insurance cover effected by the customer shall be sufficient to cover any and all liability of the company towards the customer under this agreement. Any such liability is subject to any exceptions provided under such policy of insurance.

11.3 The customer shall notify the company and its own insurers immediately of any occurrence which might give rise to a claim being made under the company’s and/or its own policies of insurance and in any event within the time limit specified in its own policy and shall not do or omit to do anything which might lead its insurers to disclaim the policy.

11.4 The customer shall procure that all persons using the equipment, and/or facilities are suitably qualified and comply with any terms, conditions and/or restrictions imposed on such use by the customer’s insurers.

12 Miscellaneous

12.1 These terms and conditions together with the details specified on the booking form constitute the entire understanding between the company and the customer with respect to the hire of the equipment, and the facilities and supersede and replace all prior agreements, negotiations and discussions between them relating to it. The customer confirms and acknowledges that it has not been induced to make a booking on these terms and conditions by any representation, warranty or undertaking not expressly incorporated into them. However, nothing in these terms and conditions purports to exclude liability for
any fraudulent statement or act.

12.2 If any term or provision in these terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision shall to that extent be severed from these terms and conditions and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remainder of the terms and conditions, which shall remain in full force and effect. Any failure or delay on the part of the company to exercise or enforce any right under these terms and conditions shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any later time or times. The company shall be entitled to assign its rights and/or obligations under this agreement.

12.3 This agreement is personal to the customer and may not be assigned, transferred or charged by it.

12.4 No person who is not a party to any agreement made incorporating these terms and conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions.

12.5 Any notice to be given in accordance with these terms and conditions shall be in writing and shall be properly served if delivered by hand or sent by first class pre-paid post or recorded delivery to the address of the other party set out on the booking form (or such other address as may have been notified). Any such notice or other document shall be deemed to have been served: if delivered by hand - at the time of delivery or if sent by post - upon the expiration of 48 hours after posting.

12.6 These terms and conditions and any agreement made incorporating them shall be governed by and construed in accordance with English law and by entering into such an agreement the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.