These terms and conditions will be enforced by Falkirk Council and are binding on both parties.
The receipt of an application form for hire of a facility does not constitute an acceptance of the application. The facility will not be deemed to be hired until the applicant has received a written booking confirmation of hire.
Minimum Age of Let Applicant / Proof of Identity Applicants must be over the age of 16 years of age and proof of age / identity may be required.
General.
1. The right to use the facility is subject to Falkirk Council receiving an application on the required form, by the proposed hirer undertaking to comply with these conditions.
2. All Groups/organisations using the facility must state in the application form the purpose for which the let of the facility is required. The approved purpose may not be changed without prior written consent from the Council. If the facility, or any part of it, is used for purposes different from the approved purpose, the Council reserves the right to terminate the let at any time and any charges already paid to the Council will not be refunded.
3. All bookings made in respect of the facility are subject to the times stated on the booking confirmation.
4. All applicants must state the specific areas of accommodation within the facility and the activity must be restricted to those identified areas.
5. Hirers must ensure that the facility is vacated at the appropriate time.
6. Entry to the facility will be from the time specified on the booking confirmation unless prior arrangement by Falkirk Council.
7. Any questions regarding your let should be forwarded to Email: cs@falkirk.gov.uk or Admin team, Falkirk Council, Grangemouth Stadium, Kersiebank Avenue, Grangemouth, FK3 0EE. Tel: 01324 504591.
8. Hirers are advised that Falkirk Council review their charges annually and that bookings made after any change will be subject to such variation in charges.
9. The Council reserves the right to grant or refuse any application for let in whole or in part and shall not be obliged to give any reasons for its decision.
10. The Council reserves the right to cancel bookings if the facilities are subsequently required for official school or Council business.
11. The Facility may not be used for any purpose which the Council considered could lead to the promotion of prejudice or discrimination on grounds of age, disability, gender reassignment, race, marriage and civil partnership, religion or belief (including sectarianism), sex, sexual orientation or for activities considered by the Council to be offensive or lewd
Payment
12. The hirer shall agree to pay Falkirk Council the appropriate fees set out in the booking confirmation.
13. Payment arrangements will be agreed at the time of booking. If the hirer fails to comply with these payment arrangements, the Council may cancel and reject any future bookings.
14. In the event of a suspension due to unpaid monies reinstatement of a let will only be on the understanding that once the balance is cleared. Future bookings will be on payment first only this is due to the administration task involved in managing late payments
15. Failure to clear any outstanding balances will be legally pursued which may incur additional costs to the hirer
16. Any additional usage over and above the usage set out in the let agreement at the time of booking will be subject to additional charges.
17. Any customer, new or existing, applying for a booking must have no outstanding balances or sales before Falkirk Council will accept the application. Any outstanding debts must be paid in full prior to confirmation of booking. Payment via monthly Invoice (Clubs and Formal Organisations)
18. The invoice will be sent on or around the 1st of the month, unless prior arrangement is in place
19. Hirers must settle the invoice within the 14-day terms
20. Any queries raised by the hirer must be done within 5 days of receipt of invoice
21. If payment has not been received by the Invoice due date Falkirk Council will send a first reminder no sooner than 3 days after the invoice due date. The final notice follows 14 days later. If the second reminder fails, no further bookings will be processed and suspension from all Falkirk Council venues until full settlement is received.
Monitoring and Notice Periods
22. Falkirk Council reserve the right to change the time and area of the let by giving the hirers reasonable notice.
23. Falkirk Council reserves the right to cancel any booking without notice or penalty for matters relating to adverse conditions out with its control e.g., Inclement weather, fire damage, vandalism of services, poor pool water quality etc. Falkirk Council will not be liable to the hirer or any other party for any loss, actual or estimated from such cancellations.
24. A minimum of 7 days’ written notice for extended lets by contacting the relevant department is required by the let holder for early withdrawal from the extended let. In the event of a late cancellation (i.e., less than 7 days) by the hirer, a cancellation charge of the total value will be made.
25. A minimum of 14 days’ written notice for Events and Catering by contacting the relevant department is required by the let holder for early withdrawal from the booking. In the event of a late cancellation (i.e., less than 14 days) by the hirer, a cancellation charge of the total value will be made.
Responsibilities
26. Hirers will use the premises solely for the purpose(s) stated in the booking confirmation and at the times specified. They will ensure that the premises are left in a clean, neat and tidy condition. If the facility is untidy at the start of your hire period, then this should be reported to staff
27. The hirer will vacate the activity area at the time their let ends without exception. Any recovery time, cool downs or discussions must be done during the hirers own time. Set up of equipment or take down or equipment must be done during the hirers own time. Any delays in vacating the area at the agreed time may result in the booking being removed or additional charges incurred
28. The hirer will co-operate fully with Falkirk Council staff in interests of public safety and abide by any safety instructions given by staff.
29. The hirer is prohibited from reselling, subletting or transferring any period of hire to third parties without the authorisation of Falkirk Council. Any breach of this condition may result in the immediate suspension of the agreement and the hirer will be liable for full payment of outstanding periods of hire pending a review of the booking.
30. Any form of anti-social behaviour is strictly forbidden and could lead to the termination of the booking. This includes; spitting, excessive foul language, shouting, aggressive behaviour, and disregard for other customers or staff using Falkirk Council facilities. The Council reserves the right to investigate any incidents deemed to be serious in nature or where complaints have been received.
31. The hirer will ensure that the facilities are in a clean and tidy condition at the end of any hire period. In the event that extra cleaning staff are required to clean areas, an appropriate charge will be made.
32. The hirer must ensure that they or members within their group do not commit wilful damage or acts of vandalism to the facility property or building fabric. Any breach in this condition will result in immediate suspension of the agreement and liability for full payment of any outstanding periods of hire pending investigations. The hirer will also be liable for the cost of repair and/or replacement of damaged items.
33. Prior agreement must be obtained before displaying advertisements, externally or within the facility of hire.
34. Falkirk Council will not be liable for any loss or damage to any property brought to or left in the premises or premises’ car park by anyone using the premises for lets.
35. Smoking/vaping is prohibited in the entirety of all Council premises. All users will be required to adhere to The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006. Failure to comply with the law is a criminal offence. Individuals may be fined a fixed penalty of £50 for smoking in no smoking premises. The user or person in charge of any group using no smoking premises could also be fined a fixed penalty of £200 for allowing others to smoke in no smoking premises.
36. The drinking of alcohol is strictly forbidden in all our premises. The hirer will ensure this is adhered to with a failure to follow resulting in let cancellation.
37. The use of any flammable material or naked flames is prohibited within the facility. (e.g. sparklers, candles, incense, insect burners/coils)
38. The hirer agrees to raise disputes relating to any part thereof this agreement or service delivery solely and directly with Falkirk Council premises manager or make arrangements with the Premises Manager in respect of any other matter not provided in these conditions at least seven days before the date of hiring
39. In the event of an accident, incident or damage to property, the hirer must report the incident to venue staff and ensure the appropriate form is completed. The Council will accept no liability for accidents on the premises.
40. Details must be given to Falkirk Council at the time of the application of any item of equipment including but not limited to, music equipment and instruments, gym equipment, PC equipment, Smart boards, projectors, drama lighting and sound equipment, bouncy castles, smoke machine which the Hirer wishes to bring to the facility during the hire period and no such equipment shall be brought in without the permission of Falkirk Council. Any such use may also incur additional charges
41. Portable electric equipment may only be used in the premises if it has been PAT tested to ensure that it has no electrical defect. Equipment may be checked at any time during the let period. Where external companies are being used for part of an event the hirer is responsible for ensuring Risk Assessments, Method Statements and PAT certificates are provided and evidenced 4 weeks prior to the event. If this is not received, Falkirk Council cannot guarantee access for equipment.
42. The hirer must ensure that appropriate footwear is used when hiring sports halls. Indoor rubber soled sports footwear must be used indoors to prevent marks and the floor should be kept clean and free from scratches. No studs or blades should be used on synthetic pitches.
43. The hirer will be responsible to ensuring that, if at any time the hire is out with centre opening hours, they are fully trained in the relevant evacuation procedures of the building.
44. Catering Kitchens are not available for private hire Organised Groups – i.e. – Clubs, National Governing Body, Event Promotors,
45. All sports coaches must hold a recognised governing body qualification of a suitable standard for coaching the relevant group. Proof of coaches’ qualification must accompany the application form.
46. The hirer shall provide a certified copy of a valid insurance policy before the let commences. Such insurance cover shall be for the minimum sum of £5 million in respect of any one incident. Proof of adequate insurance is required at the time of application and at the point of renewal when/if the insurance policy expires during the term of the let agreement. The hirer shall indemnify the Council against all costs, expenses, liabilities, injury, loss, or damage arising due to any act or omission of the hirer, or any of his agents, volunteers or staff in connection with the hire of the premises or the activities carried out during the period of let.
47. The Hirer must ensure that it complies with the terms of the Protection of Vulnerable Groups (Scotland) Act 2007. This is relevant to any let involving children, young people under the age of 18 and/or vulnerable adults. Information can be obtained at www.disclosurescotland.co.uk The hirer shall ensure that all staff and any others who are carrying out regulated work (as defined in the PVG Act) during the hire of the facilities are registered member of PVG Scheme. Failure by the hirer to comply with this condition will be a breach of contract and entitle Falkirk Council to terminate the hire. Falkirk Council require the clubs Safeguarding Policy and Safeguarding Officer details
48. All pool hires require the hirer to provide their own qualified lifeguard(s) for the entire session duration. In the absence of a qualified lifeguard provided by the hirer, the venue will, where possible, offer lifeguard cover at an additional cost to the hirer. Alternatively, the booking may be postponed until appropriate qualifications are obtained. Repeated or deliberate failure to comply with this requirement will result in immediate termination of the booking. Licences, Photography/Video and broadcasting rights.
49. Alcohol - No alcohol is permitted in Sport and Leisure premises without the appropriate licences being obtained from the Licensing, Governance Unit and written consent being obtained from Falkirk Council Sport and Leisure.
50. Photography and video within the activity areas is strictly prohibited without prior consent. It is the responsibility of theHirer to enforce this with participants, coaches, volunteers and spectators. Should there be filming or photography within the facility, compliance with GDPR must be enforced by ensuring consent is obtained by members, staff and public.
51. Additional charges will be incurred if the purpose is to sell photographs.
52. Copyright & Performances – The hirer shall be responsible for securing any permits required for the performances of copyright work. The Council will not be liable for any claims as a consequence of the performance of copyright work for which the user did not obtain a licence from the Performance Rights Society or other appropriate licensing body.
53. There may be a requirement for a Public Entertainment Licence.
54. Broadcasting Rights – The hirer is prohibited from granting broadcasting rights without prior written consent from the Council
Important Notes
55. The hirer agrees to abide by these conditions of hire by submitting the extended let or special application. With the named hirer responsible for paying any charges
56. Falkirk Council is the Data Controller and we will only use your data to enable us to deliver and improve our service to you and process your payments. We will never sell your data and we will only keep it for as long as necessary to deliver our services and processes. We will use your contact information to send you important operational issues. This can include cancellations, venue closures or booking issues. All data collected in this form will be managed in accordance with the General Data protection Regulations. You can find our Privacy Notice regarding information in this form on our website at
www.falkirk.gov.uk
57. Falkirk Council reserves the sole right to cancel or amend any terms or conditions contained within the agreement and without penalty. Any such amendments will be confirmed in writing to the hirer.
Other Specific Conditions
58. Showers at the end of each day may not always be accommodated if time is over the core hours of operation. Please check with the specific venue.
59. Areas locked or not available for hire are classified as prohibited areas and not to be entered or used in any way by the hirer/associated participants.
60. Storage availability for regular facility users is not included in the Hire Agreement and must be discussed with Falkirk Council. Storage of equipment in facility storage cupboards/areas is undertaken at the owner’s own risk. Falkirk Council will not accept responsibility or liability for theft or damage to items stored in or at the facility. It is recommended that users seek their own insurance cover for such items. In the event that the hirer ceases hire of the facility; the hirer is required to collect and remove all goods and/or equipment stored at the facility. If the hirer fails to do this Falkirk Council may dispose of the equipment and charge the hirer for any costs occurred.
61. It is the responsibility of the hirer to arrange for First Aid equipment and personnel for the duration of the hire. FIRST aid arrangements will be discussed, where applicable prior to booking confirmation.
62. Communication for any additional time or amendments should be made directly with the hirer as named on the booking confirmation. Falkirk Council will not communicate with coaches/parents in relation to the booking.
63. The hirer and person in charge must familiarise themselves, and everyone in their care, with the Fire Procedures, the position and use of the fire appliances (only if trained to use them) and Fire Exits. Details can be obtained from the staff on duty.
64. Traffic management requirements will be discussed during the application process. Additional costs may apply.
65. The hirer must not exceed venues capacities. Events may need to be ticketed.
Sport Pitch/Pavilion Specific
66. It is the responsibility of the teams to clear up any mess left by supporters or opponents on or around the pitch area and
pavilion. Failure to do so will result in loss of lease without refund.
67. It is the responsibility of the teams to ensure all heating and lighting is switched off before leaving the pavilion. Failure to do so may result in additional charges being made in respect of increased heating and lighting costs.
68. Teams must only use the allocated park or numbered pitch as shown on the missive of let, unless authorised by a Duty Officer.
69. The final say if a pitch is playable will be through an authorised Falkirk Council official.
70. The hirer shall, at all times permit full access by authorised Falkirk Council staff during the entire period of any let.
71. The security of the pavilion will be the responsibility of the hirer, who will be issued with keys. The use of these keys is not transferable to any other club or organisation and any such misuse of keys will result in the hire being terminated with
immediate effect.
72. Only one game can be played on any one pitch per day.
73. Where dismountable goals are in place, they must be taken down and stored in the appropriate area at the end of each game.
74. If sharing a pitch\pavilion with other teams please liaise home & away games.
75. Please consider local residents whilst parking at the pavilion.
76. Emergency maintenance issues/faults must be reported immediately on 01324 504590
