1. Definitions and interpretation

a) In this Agreement, the following words and expressions shall have the following meanings:

• “Agreement” means these terms and conditions of agreement;
• “Applicant” means a person or entity applying to hire part of the Premises;
• “Authorised Officer” means the appropriate Head of Service or his/her authorised representative;
• “Bond” means the refundable bond, the amount of which will be equal to either one hundred and fifty Pounds Sterling (£150) or three hundred Pounds Sterling (£300) for what the Council considers in its reasonable opinion to be a high risk Event. The application of the Bond will be determined by Clauses 4(h) and 4(i) of this Agreement below;
• “Booking Form” means the booking form sent to the Hirer by the Council, setting out the terms of Hire of the Venue, which incorporates the terms and conditions of this Agreement;
• “Business Day” means any day the Council's Civic Centre III offices are open which at a minimum excludes Saturday, Sunday or a bank holiday; and “bank holiday” means any day designated a bank holiday by the Banking and Financial Dealings Act 1971 or by Royal Proclamation;
• “Council” means the Council of the Borough of Kirklees of the Town Hall, Ramsden Street, Huddersfield, HD1 2TA;
• “Deposit” means a non-refundable deposit for the Hire of the Premises and/or Venue and are for room hire only, equal to:

• “Hire” means any use of the Premises and/or Venue as a result of this Agreement;
• “Hire Fee” means the full charge made by the Council in relation to the Hire of the Venue;
• “Hirer” means the person or entity hiring Premises under the terms of this Agreement;
• “Hire Period” means the period of Hire detailed in the Booking Form issued by the Council;
• “Intellectual Property Rights” means patents (including all patents and patent applications, including any continuations, continuations in part, extensions, reissues and divisions, and any patents, supplementary protection certificates and similar rights that are based on or derive priority from the foregoing in any country of the world), utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• “Party or Parties” means the Council and the Hirer;
• “Premises” means the Council's premises, including all Council buildings and land;
• “Property” means property belonging to the Hirer and to those who have explicit or implicit authority from the Hirer to enter the Venue;
• “Venue” means such of the Premises hired by the Hirer under this Agreement as specified on the Booking Form and, where the context permits, includes any ancillary areas of the Premises that the Hirer is permitted to use.

b) In this Agreement, unless the context or relevant Clause otherwise requires:

• i) the expressions “Council” and “Hirer” shall include their respective successors, personal representatives, employees and permitted sub-contractors and assigns;
• ii) reference to any Order, Regulation or Statute whether detailed expressly or incorporated by general reference, shall be deemed to include a reference to any amendment, re-enactment or replacement of it;
• iii) words importing any gender shall include all genders and the singular includes the plural and vice versa;
• iv) reference to Clauses shall be construed construed as reference to Clauses of this Agreement;
• v) Clause headings are included for ease of reference and shall not affect the interpretation or construction of this Agreement; and
• vi) in this Agreement a period of time expressed as a number of days shall be computed as clear days, which means the day on which the period begins shall not be included.

2. Agreement

a) The Hirer agrees that on signature and return of the Booking Form to the Authorised Officer, to be bound by the terms and conditions of this Agreement and any special conditions agreed between the Parties and set out within the Booking Form.

b) The hirer has permission only to use the venue for the hire period for the event(s) specified on the booking form, and no tenancy or other right of occupation is given to the hirer in respect of any premises.

c) This is a legally binding agreement and if the hirer is in any doubt as to the “terms and conditions” herein contained then it should seek independent legal advice.

3. Applications

a) All Applications to Hire any part of the Premises must be submitted in writing on the appropriate Booking Form and marked clearly for the attention of and sent to the Authorised Officer at the Town Hall, Ramsden Street, Huddersfield, HD1 2TA, Fax No: 01484 221541 or to any other nominated address as may be directed by the Council either orally or in writing.

b) An Application to Hire any part of the Premises is made by way of offer by the Applicant, and as such may be rejected by the Council. The Council is not obliged to give any reason(s) for its decision to reject an Application to Hire. Further, prior to its acceptance of any Application, the Council reserves the right to request any changes it feels are necessary to the proposed Event, and reserves the right to cancel the Hire forthwith if these changes are not accepted by the Applicant.

c) Upon receipt of the Application for Hire, the Council will create a provisional booking for the Applicant. Provisional bookings will be held:

• i) for a maximum period of four (4) weeks from actual receipt of the Application for Hire by the Council; or
• ii) until such time that the Application to Hire has been either accepted or rejected by the Council in accordance with the terms and conditions of this Agreement,

whichever comes first.

d) The Applicant must state clearly and fully on the Booking Form the precise purpose for which he wishes to hire Premises.

e) No legally enforceable contract between the Council and the Hirer comes into being until the Application to Hire a Venue has been formally accepted by the Council in writing. For the avoidance of any doubt, an Application to Hire a Venue will not be accepted unless the Council is in receipt of both the Applicant's signed Booking Form accepting these terms and conditions of this Agreement, and the agreed Deposit in accordance with Clause 4 below. Therefore the Applicant is advised not to make any advertisement regarding any function it proposes to hold on the Premises until the Applicant has received written acceptance from the Council.

f) All individual Applicants must be aged eighteen (18) years of age or over.

g) If the Applicant is a corporate body (i.e. a company), the Applicant must state clearly and fully on the Booking Form the name, address and telephone number of the person(s) who will be personally responsible to the Council for the obligations of the Hirer under this Agreement, jointly and severally with the Hirer organisation.

h) If another Application for Hire is received, and results in any Premises and/or Venue becoming double booked for the same provisional booking period, in such circumstances the Council will notify both Applicants as soon as reasonably practicable, and offer the Applicant who submitted their Application first the opportunity to either:

• i) confirm their booking; or
• ii) amend their Hire Period.

4. Deposits, Hire Fees and Bonds

a) The Hirer will pay the Deposit for its use of the Venue during the Hire Period, which must accompany their signed Booking Form. For the avoidance of any doubt, an Application to Hire a Venue will not be accepted unless the Council is in receipt of both the Applicant's signed Booking Form accepting the terms and conditions of this Agreement, and the agreed Deposit.

b) Where an Application to Hire is not accepted, the Deposit will be returned to the Hirer in full. For the avoidance of any doubt however, once an Application to Hire has been accepted, the Deposit will become non-refundable.

c) The Council may request the full Hire Fee to accompany the Booking Form and the Deposit. In such case, the Application to Hire will not be accepted until the payment has been received.

d) Where the Hire Fee, or any part of the Hire Fee, is required in advance by the Council (including (but not strictly limited to) any wedding ceremonies, any events using main halls at Batley Town Hall, Cleckheaton Town Hall, Dewsbury Town Hall and Huddersfield Town Hall or any events booked by the Hirer with a capacity of (one hundred (100) attendees or more), the Council may cancel forthwith and without notice any Application to Hire where the Hire Fee, or the required part of the Hire Fee, has not been paid within six (6) weeks of the commencement of the Hire Period.

e) Where there is an arrangement for payment of the Hire Fee to be made in arrears, the Council may cancel any existing booking(s) forthwith if the Hirer fails to make payment on the date payment is due.

f) All cheques and postal orders must be made payable to “Kirklees Council”.

g) The Hire Fee does not include the hire of any additional equipment or services (including, but not limited to, specialist sound, stage and lighting equipment) in any Premises, unless otherwise agreed in advance by both Parties in writing.

h) The Hirer may, at the Council's discretion, be required to pay a Bond. The amount of the Bond will be determined by the Council and will generally be notified to Hirer upon confirmation of the Council's acceptance of their Application following submission of their Booking Form and payment of their Deposit prior to the commencement of the Hire Period. Payment of the Bond, where requested, will be required no later than six (6) weeks of the commencement of the Hire Period. Failure to pay the Bond, together with the Deposit and the Hire Fee, may result in the cancellation of the Hire.

i) The Council shall be entitled to deduct the cost of any repairs or any additional charges incurred by the Council for which the Hirer is liable from the Bond. Any outstanding balance will be refunded to the Hirer.

j) All amounts due under this Agreement shall be paid by the Hirer to the Council in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding permitted elsewhere under this Agreement or any deduction or withholding of tax as required by law).

5. Number of Persons

a) The local Fire Authority and the Council's Building Control set the maximum number of persons allowed at the Venue, which will be specified by the Council on the Booking Form.

b) These figures must not be exceeded at any time. The Council also reserves the right to set lower numbers where appropriate.

c) The Hirer shall ensure that the Venue population limit set by the Council shall not be exceeded at any time during the Hire Period under any circumstances. For this purpose, the Hirer must keep a note or register or similar record of the number of persons admitted and show the same on demand to any officer of the Council.

d) If these figures are exceeded the Council has at its discretion the right to refuse admission of excess numbers or to terminate this Agreement forthwith without incurring liability to the Hirer.

6. Box Office and Tickets

A Box Office facility will be provided by the Council to all Hirers who use the Concert Halls in Venues for events where there is a seated audience (including, but not limited to, concerts, shows and presentation events). A Box Office facility will be provided by the Council to all concert and show Hirers who use Venues. Box office commission at the applicable percentage will be charged on the tickets the Box Office sells. This percentage will be determined and communicated to Hirers each financial year. This Box Office facility will be managed and administered by Council staff. This Clause 6(a) is non-negotiable, and for the avoidance of any doubt the Hirer will not be permitted to opt-out of this Clause. Under no circumstances will Hirers be permitted to print, sell or distribute their own tickets (including any tickets with zero value or where seating is unallocated / unreserved) other than any tickets the Council will allocate to them as per Clause 6(b) below.

a) The Hirer can request a maximum of 35% of tickets to sell directly to members of the public. No further allocations will be given. The Council reserves the right, at its sole discretion, to sell 100% of the tickets via the Box Office. The Council may, at its sole discretion, issue 100% of zero value tickets to the Hirer where the aim of issuing tickets is to control entry to the Venue and manage audience numbers.

b) Tickets that remain unsold by the Hirer must be returned to the Box Office for general sale no later than ten (10) business days before the event.

c) Please refer to the relevant Premises' Ticketing and Box Office Guidance Notes for further information, copies of which will be available on request from the Authorised Officer.

7. Facilities, Seating Plans, and Room Layout

a) Use of the Venue includes use of any ancillary areas of the Premises that the Hirer is permitted to use (including (but without limitation) any foyers, cloakrooms, dressing rooms, toilets, and/or refreshment facilities).

b) The standard seating and room layout will be provided in default for the Venue. Any changes to the default layout must be confirmed by the Hirer as part of their application and must be subsequently approved in writing with the Council prior to any Hire being accepted.

c) If the Hirer requests any changes to the default layout or any other alternative layout previously agreed as a special condition on the Booking Form by the Parties, after the Booking Form has been signed by both Parties, but before the commencement of the Hire Period it must be submitted to the Council in writing as soon as possible. The Council will use its reasonable commercial endeavours to accommodate any such requests to change the seating layout wherever possible, PROVIDED THAT the Council reserves the right to refuse any such requests at its discretion.

d) Further to Clause 7(c) above, if the Council rejects any request to change the seating layout after the Booking Form has been signed by both Parties, and the Hirer subsequently refuses to accept the default seating layout (or any other alternative layout previously agreed as a special condition.

8. Supervision and Right of Entry

a) Apart from such services, if any, as are to be provided by the Council's Stewards in accordance with Clause 9 below, during the Hire Period the Hirer shall be responsible for:

• i) the efficient supervision of the Venue during the Hire Period, including without limitation:
  • a. the effective control and safeguarding of children and/or vulnerable adults;
  • b. ensuring that only fit and proper persons have access to children and/or vulnerable adults;
  • c. the orderly and safe admission and departure of persons to and from the Venue;
  • d. the orderly and safe vacation of the Venue in case of emergency; and
  • e. the health and safety of persons at the Venue;
• ii) the preservation of lawful behaviour, good order and decency in the Venue;
• iii) ensuring that all doors giving egress from the Venue are left unfastened and unobstructed and immediately available for exit;
• iv) ensuring that no obstruction is placed or allowed to remain in any corridor giving access to the Venue;
• v) ensuring that (excepting fair wear and tear) the Venue is not damaged, however slightly; and
• vi) ensuring that all fire exits and gangways must remain clear and unobstructed at all times. All fire exits must be kept unfastened and unobstructed.

b) Further to the provisions of Clauses 8(a)(i)(a), 8(a)(i)(b), and 8(a)(ii), where the hiring is for an Event involving children and/or vulnerable adults, the Hirer will also be required to adhere to (and procure that any of the Hirer's employees, agents, sub-contractors, volunteers and/or any other person who has the Hirer's explicit or implicit consent to be at the Venue shall adhere to) the provisions of the Safeguarding guidance for the Voluntary, Community and Faith Sector in Kirklees as issued by the Council, the Kirklees Safeguarding Adults Board and the Kirklees Safeguarding Children Board and (if required by the Council) to ensure and evidence that the Hirer's employees, agents, subcontractors, volunteers working at the Event have obtained the necessary Disclosure Barring Service checks.

c) Where applicable, the Hirer will ensure that the relevant performance licence is applied for with the Council.

d) It is the Hirer's responsibility to ensure that the appropriate ratio of children to chaperones (which is currently one (1) chaperone for every twelve (12) children) is in place.

e) The Authorised Officer may require the presence of Police officers or other persons as he/she may consider necessary to keep lawful behaviour, good order and decency at the Venue.

f) Duly authorised members, officers and/or employees of the Council may enter the Venue at any time for any authorised purpose, without notice.

g) The Hirer shall be liable to compensate the Council for any losses the Council incurs as a result of damage to the health and safety of persons at the Venue, except insofar as such losses result from the Council's own negligence.

9. Stewarding

a) Further to Clauses 8 above, the Council shall provide such number of competent stewards and/or attendants as are in the unfettered opinion of the Council necessary to secure compliance with this Agreement and ensure the safety of the Premises and any persons at the Venue with the implicit or explicit consent of the Hirer at full cost to the Hirer.

b) In any event, the Hirer shall comply, and shall ensure any of its employees, agents, sub-contractors, volunteers and/or any other person who has the Hirer's explicit or implicit consent to be at the Venue will comply with instructions given by the Council's duly appointed stewards, if any, and the Hirer shall use its best endeavours to assist the Council's stewards in carrying out their duties.

c) The Hirer shall use all reasonable endeavours to ensure that all its employees, agents, sub-contractors, volunteers and any other person who has the Hirer's explicit or implicit consent to be at the Venue are familiar with the fire evacuation procedures, the location of all emergency exits and firefighting equipment and that during the Hire Period all emergency and security procedures relevant to the Venue are complied with.

d) If the Council agrees in advance and in writing, the Hirer may provide the number of stewards and/or attendants required by the Council using the Hirer's own staff, agents, subcontractors and/or volunteers, provided that the Council may require the Hirer at any time to remove, or procure the removal of, any of Hirer's own stewards and/or attendants at any time during the Hire Period whom the Council considers, in its reasonable opinion, to be unsatisfactory for any reason whatsoever.

10. Catering

a) The Council reserves the right to provide all catering facilities for the Venue.

b) Subject to the Council's prior written agreement, the Hirer may provide their own catering facilities. In this instance the Hirer will be responsible for:

• i) cleaning up of all preparation areas, kitchens, kitchen equipment, serveries, eating areas and for the disposal of all rubbish and food waste;
• ii) supplying their own catering and waiting staff, tableware, table linen, kitchenware and glassware; and
• iii) complying with all the requirements of Health and Safety at Work and Food Hygiene and Health Regulations,

provided that the Council may require the Hirer at any time to remove, or procure the removal of, any of the Hirer's own catering staff at any time during the Hire Period whom the Council considers, in its reasonable opinion, to be unsatisfactory for any reason whatsoever.

c) Where the Hirer is using a kitchen facility in line with Clause 10(b)(i) above, a Bond (as defined in Clause 1(a) above) will be required, six (6) weeks in advance of the Event in line with Clause 4(h).

d) The Hirer acknowledges and accepts that a proportion of the Bond referred to in Clause 10(c) above (which may be the whole amount of the Bond) will be retained by the Council if the facility is left in an unclean, unhygienic or otherwise unsatisfactory condition or if equipment is broken or damaged.

11. Lighting and Electrical Equipment

a) Neither the Hirer, nor any of its employees, agents, sub-contractors, volunteers or any other person at the Venue with the Hirer's implicit or explicit authority shall interfere with any electrical fixture or fitting.

b) The Hirer will not be permitted to bring any of its own electrical equipment into the Venue, unless agreed in advance with the Authorised Officer.

c) The Hirer shall ensure that any electrical appliance brought onto the Venue during the Hire Period shall be safe, in good working order and used in a safe manner. A portable appliance testing (PAT) certificate may be requested by the Authorised Officer.

12. Alternative Venue

a) In the event that the Council has reason (whether or not for its own operational purposes) not to provide the Hirer with the part of the Premises that the Hirer has originally booked, the Council reserves the right to provide the Hirer with an alternative Venue within the same building or at one of the Council's other Premises.

b) Whilst reasonable commercial efforts will be made by the Council to ensure such an alternative Venue offers the room, accessibility, facilities and functionality of a comparable nature to the original Venue booked, the Council shall have no liability in respect of the same.

c) The Hirer may:

• i) at the time the alternative Venue is offered; or
• ii) up to five (5) Business Days from the alternative being offered; or
• iii) up to the beginning of the Hire Period,

whichever is the earlier, reject the alternative Venue and cancel the booking by providing formal written notice to the Authorised Officer.

d) If the Hirer rejects the alternative Venue, the Council shall cancel this Agreement and refund the amount of money it has received by virtue of it, if any.

e) The Council shall incur no liability other than to make the said refund.

13. Premises Licence

a) The Hirer must comply with all conditions and stipulations of the Council's Premises Licence for the Venue and a copy of these will be supplied to the Hirer on request.

b) It shall be the sole responsibility of the Hirer to ensure that all necessary licences have been obtained for the purpose for which the Venue has been hired.

14. Performing Rights

a) The Council has a licence from the Performing Rights Society Limited, which authorises live public performances of the music of its members. The Hirer shall not cause the Council to be in breach of this licence.

b) In particular, but without limitation:

• i) as a condition of the Licence, the Council is under an obligation to supply to the Performing Rights Society Limited details of live music played on every occasion when the Venue is let. The Hirer shall supply details of any music to be performed live at the Venue to the Authorised Officer. Any variance to that programme shall be notified to the Authorised Officer forthwith; and
• ii) as a condition of the licence, the Council is under an obligation to supply to the Performing Rights Society Limited details of the box office receipts (net of Value Added Tax (VAT)) in respect of any live music. The Hirer shall supply comprehensive admission fee receipt information to the Authorised Officer.
• iii) The Council's licence from the Performing Rights Society Limited does not authorise the interpolation of music with copyright into plays or compilation shows unless the following steps have been taken:
  • a. the Performing Rights Society Limited has received full details of the work(s) to be performed, the manner and duration of the performance, the name of the production in which they are to be performed and the date of the proposed performance; and
  • b. the Performing Rights Society Limited has thereafter given notice that it is empowered to licence the performance.
• iv) Any Hirer of Premises wishing to make use of interpolated music must obtain authorisation for that directly from Performing Right Society Limited.

c) Where the Hire involves playing recorded music, the Hirer shall obtain a licence from Phonographic Performance Limited, 1 Upper James Street, London, W1F 9DE, Tel. 020 7534 1000, and shall produce satisfactory evidence of such licence to the Authorised Officer at least twenty-four (24) hours before the commencement of the Hire Period.

15. User

a) No part of the Venue is to be used for any purpose other than the Event described within the Hirer's original Booking Form.

b) No part of the Venue is to be used for an unlawful purpose or in an unlawful way.

16. Smoking

The Council prohibits smoking at the Venue or on its Premises (including the use of e-cigarettes).

17. Broadcasting and Filming

The Hirer shall not grant broadcasting or filming rights without the prior consent of the Council, but cameras may be brought into and used inside the Venue for private (BUT NOT COMMERCIAL) purposes PROVIDED THAT the Council's agreement is sought and that no nuisance or annoyance is occasioned and the appropriate safety and fire regulations are adhered to.

18. Film Exhibition

The Hirer shall not use any part of the Venue for the purposes of a film exhibition as defined under the Cinemas Act 1985, or permit any part of the Venue to be used for those purposes, without the prior written consent of the Council.

a) Subject to the provisions of Clause 25 below, the Hirer shall take out all adequate insurances other than public liability insurance as are reasonably required to cover all potential claims against it arising out of the Hire and on demand shall produce satisfactory evidence of its insurance cover to the Council in writing.

b) Failure to produce requested evidence of cover at a level deemed, at the sole discretion of the Council, to be satisfactory, within a reasonable time shall entitle the Council to repudiate this Agreement without liability to the Hirer. The Council shall, at the request of the Hirer, confirm whether it considers the insurance to be adequate within a reasonable time of the request being made.

c) For the avoidance of any doubt, the Venue is insured against any claims arising out of the Council's own negligence

19. Gambling

No sweepstake, raffle, tombola, or other form of lottery may take place at the Venue, and the Hirer shall not permit any lottery of any form to take place at the Venue except a lottery:

a) that is lawful under the Gambling Act 2005; and

b) for which the prior consent of the Council has been obtained; and

c) that is conducted strictly in accordance with relevant statutory provisions

20. Alcohol

a) No excisable alcohol is to be sold, unless:

• (i) the sale of alcohol has been organised through the Council in a Venue with a bar facility; or
• (ii) for Hirers supplying the sale of their own alcohol, either directly or indirectly at the Venue, the sale of alcohol has been approved, in advance and in writing, by the Council.

b) Where any alcohol is to be sold in accordance with Clause 20(a)(ii) above, it is the Hirer's responsibility to apply for a Temporary Event Notice from the Council's:-

21. Animals

a) The Hirer shall ensure that no animals (including birds), except guide dogs are brought into the Venue, other than for a special Event agreed to by the Council.

b) No animals whatsoever may enter any kitchen located at the Venue at any time.

22. Markets

The Council has sole market rights for the whole of Kirklees. The Council will waive said rights for the day if a markets fee is paid to the Council's Licensing Service.

23. Condition of Premises - Damage & Decorations

a) The Hirer shall not cause or permit any person to drive any nails, screws or other fixings into the walls or floors or into any furniture or fittings or do or permit to be done anything likely to cause damage to the Venue or any Premises or any chattels or fittings therein.

b) No posters, boards, signs, placards, notices, flags, emblems, advertisements decoration (further to Clause 23(g) below), drapery or other articles are to be displayed inside or outside any part of the Venue without prior consent in writing from the Authorised Officer, EXCEPT THAT:

• i) the Hirer will be entitled to display on any notice boards outside the Premises for a period of five (5) Business Days preceding the Hire Period one (1) poster relating to the function for which the Hire of Venue has been made; and
• ii) subject to space being available, and at the absolute sole discretion of the Council, the Hirer may be permitted to display on notice boards outside the Premises not more than two (2) posters during the ten (10) Business Days preceding the Hire Period, PROVIDED THAT the posters displayed in accordance with this Clause 23(b) must adhere to any size and/or dimensions previously approved by the Council and must not contain any material which in the sole opinion of the Council is obscene, offensive or otherwise inappropriate.

c) Further to Clause 23(b) above, no posters, boards, signs, placards, notices, flags, emblems, advertisements decoration, drapery or other articles shall be affixed to any part of the Premises or to furniture, fittings or chattels therein by adhesive tape or other adhesive substance unless prior written permission has been obtained from the Authorised Officer.

d) All exhibition stand construction, which includes without limitation stage scenery, stage clothes and other arrangements shall be temporary and removable

e) No painting or making good of damage to Council property by the Hirer shall be made by the Hirer, and the Hirer shall ensure that no person at the Venue with its explicit or implicit consent effects such painting or making good.

f) The Hirer shall repay to the Council on demand the cost of making good of damage to any part of the Premises or any property whatsoever belonging to the Council which shall be damaged, destroyed, removed or stolen during the Hire Period.

g) No decorations, which include without limitation, flags, emblems, gas filled balloons, streamers, confetti or fume release devices, may be introduced to any part of the Premises without prior consent in writing from the Authorised Officer. Where such consent is given it will be conditional on the use of non-inflammable material or material treated with approved fireproofing substance.

h) No stage pyrotechnics, indoor fireworks, smoke machines or naked flames will be permitted in the Premises without prior consent in writing from the Authorised Officer. The Hirer will be liable for any additional staffing costs which result from approval being granted.

i) Notwithstanding that the Council may have given the consent required by Clauses 23(b), (c) and (g), the Council reserves the right to remove any posters, boards, signs, placards, notices, flags, emblems, advertisements decoration, drapery or other articles visible outside Premises that are in the opinion of the Authorised Officer unsuitable.

j) Attention is drawn to the fact that fly-posting is illegal under Section 224 of the Town and Country Planning Act 1990 and Regulation 27 of the Advertisement Regulations 1992. It is an offence punishable by a fine.

24. Insurance

a) Subject to the provisions of Clause 25 below, the Hirer shall take out all adequate insurances other than public liability insurance as are reasonably required to cover all potential claims against it arising out of the Hire and on demand shall produce satisfactory evidence of its insurance cover to the Council in writing.

b) Failure to produce requested evidence of cover at a level deemed, at the sole discretion of the Council, to be satisfactory, within a reasonable time shall entitle the Council to repudiate this Agreement without liability to the Hirer. The Council shall, at the request of the Hirer, confirm whether it considers the insurance to be adequate within a reasonable time of the request being made.

c) For the avoidance of any doubt, the Venue is insured against any claims arising out of the Council's own negligence.

25. Public Liability Insurance

a) The Council will at no additional cost to the Hirer arrange for the Hirer to be covered by public liability insurance to a level of five million Pounds Sterling (£5,000,000) and to be covered for accidental damage to a level of twenty thousand Pounds Sterling (£20,000). In the event of damage or loss being caused to the Council, the Hirer shall promptly execute such documentation and provide such information to the insurer as is required to make a claim to compensate the Council

b) Further to Clause 24 above however, the level of insurance may not be sufficient in all circumstances. Consequently, the Hirer shall assess the risks involved with the Hire as part of their Application, and shall consult the Council regarding the risks identified and the sufficiency of insurance.

c) The Hirer shall ensure that it has such additional insurance to that provided by the Council as the Council shall in its sole discretion require and on demand shall produce satisfactory evidence to the Council of its insurance cover in writing at the same time it provides its Booking Form, when making its application, but in any event not later than three (3) Business Days prior to the commencement of the Hire Period. Failure to produce requested evidence of cover at a level deemed, at the sole discretion of the Council, to be satisfactory, within this timeframe shall entitle the Council to repudiate this Agreement without liability to the Hirer.

26. Council's Insurance

a) The Council maintains insurance for itself against, in certain circumstances, the cost of repairing or replacing any part of the Premises or property belonging to the Council that has been damaged, destroyed, or stolen.

b) The Hirer shall co-operate with the Council and shall in particular provide such information as the Council may require to maintain its insurance and to deal with any claim that may arise from any event causing damage to the Council's property connected with the Hire.

27. Liability for loss, damage, death or injury - THE HIRER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

a) The hirer shall indemnify the council, its officers, its contractors, and agents from and against all claims, demands, actions, expenses, damages, penalties or proceedings arising out of or in any way connected with the hire in respect of:

i) Any loss caused to the council by the tortious actions of the hirer's agents and sub-contractors (unless such agent or subcontractor causing the loss is itself the council);

ii) Any loss, theft or damage to property belonging to the hirer or council during the hire period (except where such loss, theft or damage is due to the negligence of the council its officers, its contractors, and agents);

iii) Any loss, theft or damage to any property of any person not privy to the agreement or upon the venue during the hire period (except where such loss, theft or damage is due to the negligence of the council its officers, its contractors, and agents);

iv) Any death or personal injury to the extent that it has been caused by the hirer to any person as a result of the hire or in respect of any loss or damage suffered or sustained by any person in consequence of such death or injury (except where such death, injury or loss is due to the negligence of the council its officers, its contractors, and agents); and

v) Any infringement of any intellectual property rights or any act of defamation during the hire period caused or permitted by the hirer.

b) Under no circumstances shall the council be required to make good or accept responsibility or liability for any loss, theft or damage howsoever or by whomsoever caused of or to any property in or upon the premises or deposited with any officer or servant of the council, either by the hirer for their own purposes or any other person on behalf of the hirer.

28. Further exclusions of liability - THE HIRER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

a) The council will not be liable for any loss occasioned to the hirer as a result of (but not strictly limited to):

• i) Any breakdown of equipment or machinery;
• ii) Any failure to supply any electricity, water or gas;
• iii) Any leakage or penetration of water;
• iv) Any fire or explosion (other than in each case one caused by a breach of contract by, or negligence or assistance of the council),
• v) Any fire hoax;
• vi) Any terrorism or terroristic hoax
• vii) Any law or governmental order, rule, regulation, direction or restriction;
• viii) Any misuse of fire equipment,
• ix) Any acts of god, flood, earthquake, windstorm or other natural disaster;
• x) Any epidemic or pandemic;
• xi) Any threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
• xii) Any actual or threatened civil war, civil commotion or riots;
• xiii) Any actual or threatened labour dispute, including but not limited to strikes, industrial action or lockouts;
• xiv) Any nuclear, chemical or biological contamination or sonic boom;
• xv) Collapse of the venue or premises or any nearby building structures, failure of plant machinery, machinery, computers or vehicles which may cause:
  • i) The venue to be temporarily closed; or
  • ii) the hire period to be interrupted, curtailed or cancelled; or
  • iii) the hire being affected adversely.

b) For the avoidance of any doubt, it is the sole responsibility of the hirer to select a part of the premises that the council is willing to hire that is suitable to its purposes for hiring. Under no circumstances whatsoever does the council give any kind of warranty that the venue is legally or physically fit for any specific purpose and shall not be liable to the hirer in that regard. That is, notwithstanding that the council may have transferred the venue from that booked to another that is fundamentally comparable.

29. Compliance with Law

a) The Hirer must not do or permit any act, omission, or circumstance that would or might constitute a breach of any statutory duties and/or requirements affecting both the Council and the Venue or which would or might adversely affect in whole or in part any insurance effected in respect of the Venue.

b) Without prejudice to the remaining provisions of this Clause or the rest of this Agreement, the Hirer must comply with all conditions and regulations made in respect of the Venue by the Fire Authority and a copy of these will be supplied to the Hirer on request.

c) Without prejudice to the remaining provisions of this Clause or the rest of this Agreement, the Hirer shall ensure that any day care for children under eight (8) years of age complies with the provisions of the Children Act 1989.

d) Without prejudice to the remaining provisions of this Clause or the rest of this Agreement, the Hirer shall ensure that it will provide (and that all of its employees, agents, sub-contractors, volunteers or any other person at the Venue with the Hirer's implicit or explicit authority shall provide) all reasonable assistance to the Council in order to help the Council to comply with its statutory duty under Section 26 of the Counter-Terrorism and Security Act 2015 (the Prevent Duty) , and the guidance published by the Secretary of State.

e) The Hirer hereby indemnifies the Council's officers from any and all penalties, damages, costs and proceedings which they may incur in consequence of any breach or default in complying with any such statutory obligations and requirements.

30. Complaints

Any complaints about any of the arrangements connected with the Venue should be made in writing addressed to the Authorised Officer within forty-eight (48) hours of the end of the Hire Period.

31. Cancellations and Amendments to Bookings

a) Cancellation by the Council without return of Hire Fees

• i) The Council may cancel the Agreement in whole or in part at any time.
• ii) Subject to Clause 31(a) (iii) below, if the Council decides to cancel the Agreement in accordance with Clause 31(a) (i) above then the Council shall not be held liable to the Hirer for any damages or loss sustained.
• iii) Notwithstanding Clause 31(a) (ii) above, the Council may cancel this Agreement in accordance with Clause 31(a) (i) above without payment of compensation, and the Council shall not be obliged to refund any Hire Fees, or any Deposit or Bond previously paid by the Hirer if:
  • a. the Booking Form and any supporting documentation provided by the Hirer contains any omission, or false or misleading statements; or
  • b. if the Council in its absolute opinion considers that the Hirer's use of the Venue is likely to bring the Council into disrepute; or
  • c. if the Hire of the Venue is likely to be of an unlawful, objectionable or undesirable nature on the grounds of national security, public safety, the prevention of crime or disorder, the economic wellbeing of the community, the protection of health or morals, the protection of rights and freedoms of others, or any other grounds in the Council's absolute discretion; or
  • d. if the Hire of Venue relates to any purpose that the Council has not approved; or
  • e. the Hirer has not attained the age of majority, thereby rendering this Agreement void
• iv) Notwithstanding the remainder of this Clause 31(a) above, the Council exercises reasonable care to ensure that events which take place in Venues controlled by the Council do not go beyond the bounds of the law and common decency. If any Hire results in a complaint that the bounds of the law and common decency have been exceeded, the Council reserves the right to refuse the Hirer use of Venue and to terminate this Agreement without any further loss or liability to the Hirer of any compensation or refund of any Hire Fees, Deposit or Bond previously paid.

b) Cancellation by the Council without return of Hire Fees due to breach by Hirer

If the Hirer fails to observe and perform any of the terms and conditions of this Agreement, the Council may:-

• i) charge to and recover from the Hirer any expenses incurred by the Council in remedying such failure (which for the avoidance of doubt shall include (but will not be strictly limited to) the cost of employing any professional advisers, attendants, workmen, cleaners or any other persons as may be necessary to advise on and/or assist with remedying the Hirer's breach; AND
• ii) cancel the instant or any other hiring of the Venue by the Hirer, without incurring any liability to the Hirer for payment of any compensation or refund of any Hire Fees, Deposit or Bond previously paid.

c) Cancellation by the Council with return of the Hire Fee

• i) If the use of the Venue is required in connection with the Council's statutory duties, such as a general or local election and/or for any national/local emergency, the Council may cancel this Agreement on immediate written notice.
• ii) In the event of this Agreement being cancelled in accordance with Clause 31(c) (i) above, the Council shall not be held liable to the Hirer for any damages or loss sustained as a result of or in any way arising out of the cancellation OTHER THAN for the return of such part of the Hire Fee as shall have been paid by the Hirer, together with any Deposit or Bond previously paid.

d) Cancellation by the Hirer - THE HIRER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

• i) Where the consumer protection (distance selling) regulations 2000 right to cancellation applies, but not otherwise, the hirer has seven (7) business days from the conclusion of this agreement to cancel the hire, in writing, without charge unless entry onto the venue under this agreement has begun or is to begin within the said seven (7) business day period.
• ii) Subject to the above clause 31(d)(i), if this agreement is cancelled by the hirer, in writing, the hirer shall be liable to the following cancellation charges set out in the table below:

• iii) For the avoidance of any doubt, where the hirer cancels the hire of the venue in accordance with this sub-clause 31(d), then notwithstanding the length of notice given by the hirer to the council, any deposit previously paid by the hirer in accordance with clause 4 above will be strictly non-refundable.

e) Amendments requested by the hirer - THE HIRER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

i) The hirer may request any amendments to their hire, provided that:-

• a. Such requests are made in writing;
• Are submitted to the Council:-

f) The hirer pays an administrative charge of Twenty Five Pounds Sterling £25 per amendment request

32. Vacation of Premises

a) At the expiration of the Hire Period, the Hirer shall leave the Venue and all things therein as clean, tidy and in as good order as they were at the commencement of the Hire Period, and in particular (but without prejudice to generality of this Clause 32) the Hirer is to remove all equipment previously brought in by or on behalf of the Hirer.

b) The Hirer shall ensure that all persons attending the Venue and any Property therein shall be out of the Venue by the conclusion of the Hire Period. Evacuation of the Venue shall commence in good time for the Venue to be cleared of persons and Property by the end of the Hire Period. Additional costs will be chargeable if the Venue is not cleared within the agreed Hire Period. Hirers should be aware that if the Venue is not cleared within the agreed Hire Period then a proportion of any Bond paid (which may be the whole amount) will be retained.

33. Intellectual Property Rights

a) The Hirer shall use all reasonable endeavours to ensure that the Hire shall not infringe any Intellectual Property Rights or cause any Intellectual Property Rights to be infringed whether by act or omission;

b) If the Hire involves the use of copyrighted material it will be the responsibility of the Hirer to obtain the consent of the owner of the relevant copyright or and to pay all fees or royalties which may be payable in respect of the copyright. The Hirer shall comply with all terms of such consent and produce evidence of such consent to the Authorised Officer on request.

c) The Hirer must supply to the Council for approval (if so required) a copy of the programme of any entertainment to be given at the function not less than seven (7) Business Days before the Hire Period and must provide such evidence as the Council may reasonably require of compliance with this Clause.

34. Freedom of Information

a) The Hirer accepts that the Council may be required to disclose information relating to this Agreement or the Hirer to a third party in order to comply with its obligations under the Freedom of Information Act 2000 and/or related legislation. Such information may include but shall not be limited to the name of the Hirer, the overall fee and details of the terms and conditions of the Agreement.

b) The Hirer shall not (and the Hirer shall procure that its sub-contractors shall not) do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any associated codes of practice or legislation and shall facilitate the Council's compliance with the requirements that they impose on the Council and shall comply with any reasonable request from the Council for that purpose.

35. Data Protection

a) Your personal details will be seen only by the Council's staff who will be dealing with it. It will be kept securely and will not be shared with other organisations or agencies unless we need to do so to complete the booking, or unless the Law requires it.

b) Any personal information you provide will be processed in accordance with the Data Protection Act 1998 and the Council's Data Protection Policy

36. Publicity and Confidentiality

a) No Party shall make, or permit any person to make, any public announcement concerning this agreement without the prior written consent of the other Parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

b) Each Party undertakes that it shall not at any time during this Agreement, and for a period of at least five (5) years after the expiry or cancellation of this Agreement, disclose to any.

c) Each Party may disclose the other Party's confidential information:

• i) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party's obligations under this Agreement. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party's confidential information comply with this Clause 37; and
• ii) as may be required by law, court order or any governmental or regulatory authority

d) No Party shall use any other Party's confidential information for any purpose other than to perform its obligations under this Agreement.

37. Agreement Personal to Hirer

The benefit of the Agreement is personal to the Hirer and the Hirer shall not sub-let or assign it or any part thereof. In the event of any breach of this condition the Council shall cancel this Hire without liability to the Hirer. All monies paid by the Hirer shall be forfeited and neither the Hirer nor the purported sub-hirer shall be permitted to enter or use the Venue.

38. Notices

a) Any notice pursuant to this Agreement shall, unless otherwise specified, be in writing. For the purposes of this Agreement, the term 'writing' shall include e-mail BUT NOT fax.

b) Any notice shall either be delivered personally, or by pre-paid first-class post, or another next working day delivery service, or by e-mail :

• i) to the Council, marked for the attention of the Authorised Officer at the Town Hall, Ramsden Street, Huddersfield, HD1 2TA or the Council's e-mail address stipulated on the Booking Form; and
• ii) to the Hirer at the address or e-mail address given in its Booking Form.

c) Any such notice shall be deemed duly served;

• i) in the case of a notice delivered personally to a responsible representative of the Hirer or for the Council to the Authorised Officer, on signature of a delivery receipt, or at the time the notice is left at the proper address; and
• ii) by pre-paid first-class post or another next working day delivery service, two (2) Business Days from the date of posting, or at the time recorded by the delivery service; and
• by e-mail, if sent during normal business hours on a Business Day, at the time of transmission, otherwise at 09:00 am GMT on the following Business Day.

d) This Clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution

39. Entire Agreement

This Agreement (together with the Booking Form and any other appendices and schedules attached hereto) shall constitute the entire agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement. No Party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.

40. Conflict of Terms

If there is an inconsistency between any of the provisions and/or special conditions of the Booking Form and this Agreement respectively, any provisions and/or special conditions contained within the Booking Form shall prevail over the provisions of the Agreement.

41. Contract Variation

The Council reserves the right to modify, amend, add to or change the terms of this Agreement, any rules or documents referred to in this Agreement and any other policies at any time and any such modifications, additions or changes will be effective immediately on being notified to the Hirer.

42. Waiver

No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

43. Severance

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

44. Third Party Rights

a) A person who is not a Party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

b) The rights of the Parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.

45. No Partnership

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, nor authorise any Party to make or enter into any commitments for or on behalf of any other Party.

46. Governing Law and Jurisdiction

a) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

b) The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Appendix 1. The roles and Responsibilities of:-

Stewards

When procuring the Hire a venue with steward services the Hirer will pass some of its responsibilities back to the Council. This Appendix to the Agreement is to explain how this works, but the relationship is complex and the level of service required for a particular Hire may differ from that set out below. Therefore, the Hirer is strongly recommended clarifying this with the Authorised Officer.

Steward responsibilities are as follows:

1. To ensure that all the public exits are operating correctly and kept clear. Stewards cannot enter changing rooms or other rooms allocated for the private use of the Hirer and in those places all responsibilities remain with the Hirer.
2. To ensure all gangways and seating plans conform to the Health and Safety policies of the Town Hall.
3. To manage the safe evacuation of the whole of the Town Hall in the event of an emergency. All stewards are trained for such an eventuality.
4. To protect as far as is required by law the Health and Safety of all members of the public attending the Venue.
5. Stewards will have full knowledge of the location of fire points, firefighting equipment and emergency exits and shall take such steps as are reasonable in the circumstances to inform those attending the Venue in that regard.
6. To assist the Hirer in ensuring that the public use the Venue in a fit and proper manner, for example, by helping to guard against theft of, or reckless or malicious damage to property.
7. Stewards will control entry to the event and will see that customers take the correct seat.
8. During an event Hirers should communicate to the stewards through the Duty Manager.

Duty Manager

For larger or more complex events there will be a Duty Manager present who will:-

1. Be responsible for the disposition and actions of the Stewards.
2. Be responsible, with the Hirer, for ensuring the rules and regulations of the Venue are adhered to.

In the event of an emergency, it is the hirers responsibility to evacuate colleagues and participants from the dressing rooms and meeting rooms agreed on the event sheet.

Fire Procedures

1. The organiser of the event is responsible for the safe evacuation of participants from the building when the alarm sounds.
2. The organiser of the event must ensure there is one nominated person, per door, to pin back the meeting/dressing room doors in the case of an emergency alarm sounding.
3. An attendance register will be provided on request, which should be completed by the organiser, retained, and used as a checklist.
4. The organiser should keep the attendance register with them at all times, so that in the event of an evacuation, an accurate register can be taken.
5. The organiser is also responsible for any person with access needs within the group: Please let reception know if you have any queries or concerns.
6. If the emergency alarm sounds, occupants of the room should make their way via the nearest fire exit to the assembly point and must inform the Fire Marshals whether all the group are accounted for. Once there please follow the Fire Marshals instructions.
7. Please familiarise yourself with the emergency exit routes and assembly points should an evacuation be necessary.
8. A fire action notice is located within each meeting/dressing room

Fire assembly points

• Batley Town Hall - The Assembly Point is on the Car park between the library and the old Police station.
• Dewsbury Town Hall - The Assembly Point is on the Apron at the front of the Town Hall.
• Huddersfield Town Hall - The Assembly Points are on the Piazza in front of the Library and the pedestrian area in front of Wilkinson's.