These terms and conditions are binding upon any person, club, society or organisation (“the Hirer”) hiring facilities at Barn Elms Playing Fields, Queen Elizabeth Walk, Barnes SW13 9SA (“the Site”).
These terms and conditions form the basis of the hire agreement between the Hirer and Barn Elms Sports Trust (“BEST”) who has been contracted by London Borough of Richmond upon Thames (“LBRuT”) to manage and operate the Site.
BEST will not enter into, accept or sign any third party’s terms and conditions. The Terms and Conditions will not be varied except in writing and agreed by both parties.
BEST reserves the right to amend or vary these conditions or impose additional conditions without notice.
1 General Booking Conditions
1.1 All usage of the facilities must be booked directly with BEST in written format (online or emailed booking form)
1.2 A booking form is required for all bookings except ad-hoc/one-off bookings made by private individuals for usage of sports facilities solely for their personal use.
1.3 BEST reserves the right to refuse any bookings without explanation and to cancel any booking upon reasonable grounds at any time without liability.
1.4 BEST may at its sole discretion choose not to accept bookings that are of a religious or political nature. It is the Hirers responsibility to declare the nature of the booking in advance.
1.5 The Site and its facilities may only be used for the purpose(s) for which they are booked.
1.6 A booking may not be sublet or transferred.
2 Deposits
2.1 Non-refundable 25% Deposits will be charged for large events
3 Payment
3.1 Single bookings – all invoices require payment in full 14 days before the date of the event.
3.2 Block bookings – the full amount must be paid in advance to receive a block booking discount.
3.3 All payments must be made in £ Sterling.
3.4 VAT, where applicable, will be charged in line with current rates
3.5 Payment may be made cash or bank transfer
3.6 Late Payment - No facilities on the Site may be used until payment has been made to remove debt.
3.7 In cases of non-payment, BEST will take appropriate action to recover the debt, including referral to external debt collection services, and shall be entitled to recover all costs, interest, damages and legal expenses (on a full indemnity basis) from the Hirer concerned.
3.8 The Hirer shall be liable for any additional expense incurred by BEST if the usage or event overruns the pre-arranged period of hire.
4 Cancellations
4.1 In the event that BEST cancels a booking, it will do so via email and either refund all fees already paid or offer a credit for alternative dates.
4.2 Cancellation terms:
Over 14 days – 0% charge
Between 7-14 days – 50% charge.
Under 7 days – 100% charge.
4.3 ROOM CANCELLATIONS: Cancellations by the Hirer must be notified to BEST in writing. In the event of a full cancellation by the Hirer less than 14 days prior to the usage, a cancellation fee equalling 100% of hire charges is applicable.
4.4 BEST properly and reasonably reserves the right to cancel or terminate wholly or in part any booking at any time and for any reason including, but not limited to, the following:
a) If the Hirer becomes bankrupt or insolvent or enters into liquidation or receivership;
b) If the Hirer is more than 30 days in arrears in respect of payments due to BEST in respect of previous and/or current bookings or part(s) thereof;
c) If the Booking might, in BESTs reasonable opinion, prejudice the reputation of BEST;
d) If the behaviour of the Hirer/guests (whether as individuals or as a group) is deemed by BEST to be unacceptable;
e) If the activities of the Hirer or their staff or guests breaches these terms and conditions or any Fire, Health and Safety or other legislation in any way or is deemed unsafe for other users of the site.
4.5 Any such amendment/cancellation/termination shall be without prejudice to any right of action of BEST in respect of non payment or any breach of the terms and conditions.
4.6 Force majeure: If, due to an event beyond its control, BEST is (in its opinion) unable wholly or substantially to perform its obligations to a Hirer, BEST will promptly notify the Hirer accordingly and will refund any relevant deposit and/or other pre payment paid to it in respect of the Booking, to the Hirer.
5 Equipment
5.1 The Hirer agrees to use any equipment belonging to BEST in a safe manner and return it in good working order.
5.2 The Hirer agrees that once an activity begins they have accepted the equipment is fit for purpose.
5.3 The Hirer will return all equipment used at the end of the event.
5.4 The Hirer shall be liable for costs of repair or replacement for any damage to equipment, fixtures, fittings, furniture and other articles as a result of the Hirer’s use of the facilities.
5.5 The Site must be clear of all Hirers property and in a clean & useable condition by the end of the booking period. Failure to comply with this may result in BEST disposing of the property and charging the Hirer for expenses incurred.
5.6 Community Room cleaning is the responsibility of the Hirer. The room must be left in same state as at start of booking with furniture returned to original position and floors, tables and other surfaces cleaned.
5.7 Damage to premises - No screws or nails shall be driven into walls, floors or ceilings of the premises, fixtures and fittings. In the event of damage payment for costs of repair or replacement will be incurred by the Hirer.
5.8 No decorations, flags, posters or any other loose articles may be fixed to walls, floors, ceilings, fixtures or fittings without the written consent of BEST.
5.9 Where the Hirer provides their own electrical equipment, the Hirer agrees that all such Electrical equipment will conform to Portable Appliance Testing (PAT) Regulations.
5.10 Pyrotechnics of any sort must not be used without the written consent of BEST.
5.11 No property, equipment or clothing shall be left or stored in any buildings or sheds on the Site, unless authorized.
6 Liability and Insurance
6.1 To the fullest extent permitted by law BEST and its personnel or agents shall not be liable for:
Any loss or damage to property of the Hirer or their guests;
Any inconvenience or loss caused to any party as a result of cancellation or termination of a booking for reason.
BEST does not exclude or limit its liability for death or personal injury caused due to its negligence.
6.2 The Hirer agrees to indemnify and to keep indemnified BEST, its servants and agents from and against all actions, costs, claims, damages, charges and expenses whatsoever arising out of or in relation to the booking.
6.3 BEST provides insurance cover for usage of sports facilities to by private individuals solely for their personal use. Otherwise, appropriate insurance cover must be obtained by the Hirer to indemnify BEST against claims which may be made against it in respect of loss or damage including public indemnity insurance of not less than £10 Million. Such insurance should also cover the risk of bodily injury or death to the Hirer, its clients, its servants, contractors, agents or licensees or any third parties. This excludes any such loss, damage, injury, or death as may be caused by the act, default or negligence of BEST. The Hirer will provide to BEST full details of insurance coverage, on request.
6.4 The Hirer will conduct a risk assessment in respect of its activities on the Site and will provide to BEST, on request, full details of this risk assessment.
6.5 Any accident or Health and Safety incident must to be reported to the Site Manager within 7 days after its occurrence, but in any event, prior to departing from the Site and followed up by a written incident report emailed to BEST.
7.0 Conditions of Hire
7.1 The booking period must include time for setting up, clearing away and vacating the facility.
7.2 The Hirer shall not permit or allow anything of an excessively noisy, noxious or offensive nature in or about the Site. The Hirer shall not permit or allow the use or sale of prohibited substances or permit or allow the Site to be used for any illegal or immoral purpose whatsoever;
7.3 The Hirer shall be responsible for providing adequate First Aid equipment and cover for the hire period;
7.4 The Hirer shall ensure that there is no interference whatsoever during the period of hire with fire fighting equipment except in the case of an emergency;
7.5 The Hirer shall keep every passage and exit of the premises clear of obstruction and ready for use in an emergency.
7.6 The Hirer will report lost/stolen keys as soon as is reasonably practical and pay all charges levied for replacement (£10 per key). The Hirer will not obtain copies of keys and will not to give keys to unauthorised individuals without prior approval;
7.7 No advertising or publicity materials shall be exhibited on the Site without first being submitted to and approved by BEST;
7.8 The Hirer shall not permit or allow to be conducted any activity at the Site involving the sale of goods including refreshments or the supply of services without the prior consent by BEST.
7.9 The number of persons using the Community Room must not exceed {42}. The Hirer shall be responsible for ensuring that the limitations are observed.
8 Safe Guarding Children
8.1 The Hirer will ensure that all persons under 18 years of age will be supervised at all times by a parent, guardian or a Qualified Coach registered with the National Governing Body of the relevant sport or in accordance adult/child ratios required by NPSCC and Safe Network Standards.
8.2 The Hirer warrants that all staff and volunteers supervising children have been DBS/CRB checked in accordance with the requirements of NPSCC and Safe Network Standards and will provides details of such to BEST.
9 Entertainment & Events
9.1 The Hirer shall strictly observe and comply with all conditions of event licences issued by the local licensing authority in respect of the Site. No event shall be promoted, conducted or held on the Site without prior written approval by BEST and the relevant licence or permit has been obtained.
9.2 The Hirer shall not grant sound or television broadcasting or filming rights without the prior written consent of BEST. No camera or other photographic equipment may be brought on to the premises for commercial purposes without the prior written consent of BEST.
10 Car Park
10.1 Where applicable, car parking facilities made be made available to you. You may use such spaces only when using the facility.
10.2 BEST accept no liability for any loss or damage which may result from use of the parking facilities, and use is at own risk.
10.3 The car park terms and conditions will apply as advertised.
11. Data Protection
11.1 We are committed to respecting Your privacy. For the purpose of the Data Protection Act 1998 (the Act), while BEST are operating the site, BEST is the data controller of your personal data. At the expiry or termination of our service contract, Richmond Council will become the Data Controller.
11.2 We have collected your data for i) the management and administration of your booking, or ii) a purpose in connection with the use of any of Our facilities. Your data will only be used for these purposes save for the provisions explained below. Your personal data, in the form of images, may be captured at facilities where CCTV cameras are in operation.
11.3. You acknowledge and agree that Your personal data may be processed by and on behalf of BEST and/or shared with
11.3.1. Partner Organisations - Any company which we control or which controls Us (‘control’ means the ability to direct the affairs of that other company, whether by ownership of shares or otherwise); and
11.3.2. Any department or area of Our business and /or Our Partner Organisations
11.4. Subject to clauses 10.5 and 10.6 below, We will not share your personal data with any other third party unless permitted to under the Act, including but not limited to disclosures i) required for the prevention or detection of crime, or for the assessment or collection of tax or duty, ii) required by law or by order of a court, iv) for the purpose of, or in connection with, any legal proceedings
11.5. Where BEST are providing services on behalf of a Partner Organisation (Richmond Council), you understand that at the end of Our service contract when the Partner Organisation becomes the Data Controller, We will comply with their instructions in respect of Your data, which may include instruction to destroy the data, return the data to the Partner Organisation/Client or pass the data to a new processor (the new service provider). We will make reasonable efforts to inform you of our instructions at the appropriate time.
11.6. We may, during or after your booking, use your personal information for the purposes of providing you with marketing information which BEST believe will be of interest to You.
11.7. You can exercise Your right to alter your preferences with regard to prevent the data processing and sharing by opting in or out on the booking form or by contacting Us at info@bestfields.co.uk.
