TERMS AND CONDITIONS OF HIRE – From 17.08.23
1. BOOKING: All booking applications must be in writing on the booking form provided. The person signing this form will be considered the Hirer. Where an organisation is named in the application the organisation will also be considered the Hirer and shall be jointly and severally liable with the person who signs this form. The Hirer may book Rooms in advance up to 6 months. Hire Charges will be charged in line with the price lists effective at the time of the Hire Period or as negotiated.
The Hirer must ensure that any extra numbers do not exceed the maximum numbers for the room requested for health and safety reasons. The Hirer has responsibility to ensure the Room and Premises are suitable for the Hirers intended use prior to making a booking.
YMCA Barnsley reserves the right to access the Premises or any part thereof at all times during the hiring. Users of the Community Hall should note that the main access to the building leads into the Hall and access is required at all times. YMCA staff and visitors will have access and egress rights to the building, kitchen and offices during hire periods.
The hire of a room does Not carry with it any implicit or implied endorsement from YMCA Barnsley and the Hirer is not permitted to make any claim for endorsement.
Bookings are not granted on a first come first served basis. Each application is evaluated against our community usage policy. As a result, all bookings are reviewed regularly. For more information, please contact (01226) 214165
Hirers must be at least 18 years of age.
2. KEYS: The facilities will be opened and closed by YMCA Barnsley paid or recognised volunteer staff.
3. DEPOSIT & PAYMENT: A 50% deposit may be required on booking confirmation, to be paid 7 days prior to the booking.
The Hirer agrees to make payment for the Hire period at the agreed price. An invoice will be issued and payment made as per the invoice Payment Terms noted, usually 14 days. Where an invoice remains unpaid for a period exceeding 30 days from the date of the invoice, this will be termed ‘overdue’. YMCA Barnsley reserves the right to claim interest on overdue invoices pursuant to ‘Late payment of Commercial Debts(interest) Act 1998. YMCA Barnsley reserve the right to refuse future bookings until invoice(s) are settled and may request full pre-payment on any subsequent bookings.
4. SUPERVISION AND RESPONSIBILITY: The Hirer will be responsible for payment, supervision of the Premises and behaviour of their group and any damage caused by group members and to respect the facility and community. This includes vacating the facilities promptly and quietly, not to cause any purposeful damage or to deface any of the facilities and surrounding area, no foul language to be used and disposing of any litter in the bins provided. This includes proper supervision of any car-parking arrangements so as to avoid danger to members of the public and obstruction of the public highway.
5. COMPLETION OF HIRE: At the end of hiring the Hirer shall be responsible for leaving the Premises and surrounds in a clean and tidy condition and any contents temporarily removed from their usual positions properly replaced. Should this not be complied with YMCA Barnsley reserves the right to make an additional charge.
6. SAFEGUARDING: In the event that the hiring involves the attendance of children and young persons under the age of 18 and or vulnerable adults at the Premises, the Hirer confirms that they are familiar with and adhere to relevant legislation and that there will be in place an appropriate Safeguarding Policy/Procedure. The Hirer agrees to ensure that all adults present on the Premises are aware of this Procedure and abide by it. The Hirer confirms that appropriate Disclosure and Barring Service checks have been undertaken where necessary.
7. PARKING: The hire of the Premises DOES NOT include the use of parking facilities unless arranged with YMCA Barnsley. 1 Space Per hire daytime, sorry no parking after 5pm or weekends.
8. EXCLUSIONS: The Hirer shall not use the Premises for any purposes other than that described in the Hiring Agreement and shall not sub-hire or use the Premises or allow the Premises to be used for any unlawful purpose or in any unlawful way, nor do anything to bring on to the Premises anything which may endanger the Premises or any insurance policies connected with the Premises.
The YMCA reserve the right to refuse the proposed booking if:
a. Contravention of fire or health & safety regulations may reasonably be anticipated.
b. Misbehaviour has occurred at a previous meeting on the Premises organised by the Hirer.
c. The Hirer breaches these Hire Terms and Conditions.
d. Violence or the encouragement of violence is anticipated.
9. ALCOHOL: These are not licensed Premises and no alcohol can be sold thereon without a licence from the local authority. Should the Hirer wish to bring drinks onto the Premises for private and moderate consumption, written notice of this is to be provided at the time of booking.
10. SMOKING: The entire Premises and grounds are a No Smoking Zone, this includes e cigarettes.
11. MUSIC: The Hirer undertakes to satisfy any requirements under PPL PRS licencing & performing rights for the performing or playing of live or recorded music. Any Hirer who intends to play music or have a live band agrees to inform YMCA Barnsley in writing at the time of booking. The Hirer undertakes to ensure that all noise is kept to a level such that neighbours of the Premises are not unduly disturbed. The Hirer agrees in any event to terminate all loud noise on the Premises at 11.00pm.
12. HEALTH & PUBLIC SAFETY: The Hirer shall comply with all conditions and regulations made in respect of the Premises by the Fire Authority, Local Authority, the Magistrate’s Court or otherwise, particularly in connection with any event which includes organised sports, public dancing or music or other similar public entertainment or stage plays and shall ensure that such events shall not involve the infringement of any copyrights or performing rights. Hirer acknowledges the have read the Evacuation Procedure appendix to this document and is aware of their responsibilities as a hire in the case Emergency Evacuation and that relevant PEEPs are in place by hirers, where applicable.
13. Where the purpose for which the Premises are hired includes members of the public, the Hirer shall not cause or allow the maximum number of patrons and/or guests admitted to exceed the number specified on the application form.
14. Hirers should familiarise themselves with the locations of fire exits, fire extinguishers, fire call points and the assembly point prior to the beginning of any hire period. Fire exits and corridors must not be blocked. No candles or naked flames are allowed on the Premises. The Hirer will arrange their own Fire Marshalls/Wardens.
15. Any Electrical items brought onto the Premises by the Hirer will be covered by a Current PAT Test certificate and have a PAT test label.
16. If any person invited or permitted access to the Premises by the Hirer is a wheelchair user of is mobility challenged, the Hirer shall have due regard to any ‘Personal Emergency Evacuation Plan.
17. EMERGENCIES: YMCA Barnsley’s Fire Detection System alerts the Emergency Services and a charge may be levied for wrongful activation of the fire alarm. This charge will be passed on to the Hirer.
18. DAMAGE: The Hirer shall indemnify YMCA Barnsley for the cost of repair of any damage done to any part of the property including the surroundings or the contents of the building, i.e. walls, light fittings and equipment (including any item hired from YMCA Barnsley such as projector, screen etc.) which may occur during the period of the hiring, as a result of the hiring or after the hire period but is as a result of the hiring.
19. It is the responsibility of the Hirer to ensure that the electricity supply is appropriate for any equipment used and that any equipment used will not endanger, overload or damage the electricity supply, circuits, wiring, plugs, sockets, or other equipment.
20. INSURANCE: YMCA Barnsley has Hirers’ Public Liability which offers Hirers some limited liability cover with a £250 excess per claim (please see summary of cover appendix below).
The Hirer shall be liable for any excess charge if claiming under YMCA Barnsley’s Hirers Public Liability and where not covered by Hirers Public Liability will indemnify YMCA Barnsley in respect of any loss, damage or injury which may be done or happen to any person resorting to its Premises by reason of the use of the hired Premises by the Hirer.
The Hirer confirms that they have relevant liability insurance in place for all their activities not covered by YMCA Barnsley’s Hirers Public Liability. A copy of the certificate maybe required prior to booking confirmation.
The Hirer acknowledges that the loss of any items left unattended is not covered by YMCA Barnsley insurance cover.
21. CANCELLATION: Cancellation by the Hirer at less than 7 working days’ notice will be charged up to 50% of the hire fee at the discretion of the YMCA Barnsley. Cancellation within 24 hours of the hire period will incur the full costs of the hire period.
YMCA Barnsley will not be liable for any failure to perform its obligation to the client in whole or part as a result of any of the following circumstances:
a. Strikes and other industrial actions/disputes
b. Fire and / or floods at or near the Premises or Epidemic
c. Civil or political action or disturbance, disputes or commotions
d. War or threat of war
e. Misconduct or negligence of a Guest or external third party
f. Terrorist activity, (threatened or actual) or potential for terrorist activity
g. Military activity, governmental or regulatory action
h. Act of God
YMCA Barnsley reserves the right to renew, vary or cancel any hiring in which case the Hirer shall be entitled to a refund of any monies already paid. This right will not be unreasonably enforced.
22. MEDIA, ADVERTISING and the Distribution or Sale of Literature or Publication
The Hirer will obtain prior permission from YMCA Barnsley to carry out any of the following activities on the Premises:
a. Organise or carry out any TV or Radio recordings, broadcasts or interviews. Live video links or use use any video/audio recording, photography for external publication or distribution.
b. Use of YMCA Barnsley address as an RSVP address for the Hirers event or meeting.
c. Use of YMCA Barnsley address to distribute advertising or promotional materials for Hirers event.
d. Affix bills, posters or banners to any wall, internal or external or fabric of the Premises.
e. Sale of any books or any publications of the Hirer on the Premises
Sports Hall Specific term of Use:
23. YMCA Barnsley holds Public Liability Insurance however for organised sports and activities the Hirer must be fully insured to cover all risks and must indemnify YMCA Barnsley against any claims or demands arising. The Hirer will be responsible for any claim for injury or damage to persons, property or loss of property which may result from the hire or use of the facilities.
24. The Hirer is responsible to ensure that coaches are suitably qualified and appropriate risk assessments are in place for any activity undertaken on the Premises. This includes the appointment of a first aider as required and the following of relevant Safeguarding legislation and procedures.
25. The Hirer is aware of any health issues of the participants and is responsible for ensuring that all participants are of an adequate level of fitness for the activity they are undertaking.
26. The Hirer is responsible for ensuring all users are wearing suitable non marking footwear.
27. There are tethers available to secure the football posts and these must be used.
28. No food or drink to be taken into the Sports Hall
There is currently a discount that may be applied for existing Members of YMCA Barnsley who also held membership at 18th June 2018.
The Kitchen is available for use by all Community Hall Hirers with a cash box located for payment of beverages. Where there is no member of staff available for this service please use the honesty box.