Brandon Remembrance Playing Fields Terms and Conditions of Hire

​

​

​

​

Introduction

These Terms and Conditions ("T&Cs", "Terms") govern your use of this website ("Site"), and define the Terms of booking our available facilities. "We", "Us", "Our", "BRPF", "Brandon Playing Fields", for the purposes of these Terms, should be understood to refer to the charity "Brandon Remembrance Playing Fields" (charity number 304865, located at Church Road, Brandon IP27 0JB).

If you do not agree to these Terms, cease using this Site and our services immediately. Your continued use of this Site warrants your acceptance of these Terms.

​

​

1. Definitions:
"BRPF", "We", "Us", "Our", "Brandon Playing Fields" - refers to Brandon Remembrance Playing Field
"the event" means: the activity taking place.
"the facilities" - refers to all property and land of, or under Our control or management, which may be the subject of a hire agreement, and includes any associated equipment.
"the head of booking services" - refers to Our secretary, or any other officer nominated to act in their place to administer the booking of activities. The head of booking services will liaise, as necessary, with other trustees with responsibility for the provision of facilities for events, in order to carry out the functions set out in these Terms.
"the hire"- refers to the use of facilities or land by agreement with Us.
"the hirer"- refers to the person(s) or Organisation entering into the hiring agreement with Us.
"the hiring"- refers to the agreement to use the facilities.
"people using the facilities"- refers to people invited, allowed or required by the hirer or anyone else to attend, watch or take part in any event.
"facilities"- refers to the land and any items supplied by Us, as specified in sub-clause 13(b) of these conditions.

"Officer"- refers to, unless otherwise indicated, one of Our officers who oversees the facilities, who has the relevant authority to carry out specific actions.

2. The Terms of hire will apply to the hire of the facilities.

An application for hire must be made using the relevant form supplied by Us to be considered a booking.
(a) The person signing the application form will be deemed to be the hirer and will be responsible for complying with the conditions of the hiring agreement. If the hiring is being made by a legally constituted club/association or other incorporated organisation, the agreement form for facilities must be signed by a person duly authorised by the club/association or organisation named on the agreement form.

In the case of a constituted club/association, its current trustees will also be deemed to be the hirer, and they will all be jointly and severally liable under the hiring agreement.
(b) The hirer must be over eighteen (18) years of age.
(c) The agreement to hire facilities will only come into existence when:

• An agreement form has been signed and returned; and

• The head of booking services or nominated officer has accepted the booking in writing; and

• All required documentation has been received.

(d) We reserve the right to vary, alter or revise any of these Terms at any time, without prior notice. This right will not be used to alter the conditions of a booking that has already been accepted.
However, if a booking has been accepted but full payment has not been received, We reserve the right under sub-clause 3(b) to alter the charges due.
(e) These Terms shall supersede any previous agreement(s), whether written or verbal, in regard to the Terms for hiring our facilities). Any change(s) must be confirmed in writing by the head of booking services or nominated officer.
(f) The hiring agreement will give the hirer, and/or the represented club/association or organisation, the right to use the relevant facilities. The hirer has no right to assign or sublet the facilities. Any instance of an unauthorised sub-letting may, at the sole discretion of the head of booking services or Officer, result in the hiring agreement being forthwith terminated or temporarily suspended.

3.

(a) The hirer must pay Us the fixed fees for hiring any facilities within 14 days of the date of the invoice.
(b) We reserve the right to alter charges without prior written notice. All bookings, other than those where all fees have been paid, remain subject to this right.

​

4.

Hire fees must be paid to Us  by cheque, bank transfer or cash.
(a) We reserve the right to cancel bookings and, without prior written notice, to terminate or temporarily suspend the use of facilities if, in the opinion of the officer in charge of the facilities:

• The facilities are unfit or not available for use; or

• Are required for any other purpose; or

• This right will not be exercised unreasonably

(b) We reserve the right to:

• Refuse any booking(s), whether on a permanent or temporary basis; and or

• Cancel any booking(s); and or

• Attach additional conditions to the hiring of any facilities.

 

If the person(s) with the relevant authority has a valid reason to believe that the person(s) concerned:

• Is in any way responsible for any deliberate and/or negligent damage(s) caused to the facilities (this may include, without limitation, any littering and/or non-removal of waste); and or

• Owes Us money as a result of, or in connection with, a previous hiring of facilities;

• Is, or is reasonably understood to be in breach of any provision(s) of these Terms and Conditions, and/or has been, or is reasonably believed to be in breach of Terms in relation to any previous hiring of facilities.

​

(c) We reserve the right to cancel any booking for which payment has not been received by the specified date.

5.

(a) If We cancel, under the provisions of clause 4(a), any booking(s) previously accepted, all fees will be refunded.

(b) If, under the provisions of clause 4(b), We cancel any booking(s) previously accepted, any refund of fees previously paid will be decided by the head of booking services or Officer.

6.

(a) The hirer must be responsible for ensuring that all those attending the activity, comply with:

• All reasonable instructions from Our Officers in charge of the facilities;

• Any Act(s) of Parliament in relation to any applicable law(s), including, without limitation, Martyn’s Law or regulating the use of these; and or

• Current equality and safeguarding legislation including the use of photographic or video recording equipment.

(b) The hirer must make suitable arrangements for the proper supervision of the activity, to ensure that his responsibilities under clause 6(a) are met. The hirer must take all the relevant precautions necessary to ensure that:
(i) No inconvenience or annoyance is caused to:

• Users of other land or facilities belonging to Us; and 

• Owners or occupiers of neighbouring properties of the general public;

​

(ii) No injury or damage is caused, or is reasonably likely to be caused to:

• People using the facilities; and or

• The users of other land or facilities belonging to Us; and or

• Owners or occupiers of neighbouring properties of the general public or any personal property.

​

(c) The head of booking services or the Officer will decide whether the requirement(s) of clauses 6(a) and (b) of this clause have been complied with.

​

7.

The hirer must ensure:

• (a) vehicles of any sort (including, without limitation, motorcycles) must not be parked or left in any area other than the officially designated car park, or where We permit; and

​

• (b) If any public address equipment and/or other amplifying equipment is to be used, prior written consent must be obtained.

​

• (c) Such amplifying and/or public address equipment must not cause any annoyance or nuisance to the occupiers of surrounding property or to the general public.

8.

(a) We shall accept no responsibility or liability for any damage or injury that may occur to:

• The hirer

• Anyone using the facilities

• Any property of the hirer or anyone using the facilities.

This also covers the loss of any property belonging to anyone, except where the accident, damage, injury or loss has been caused through Our negligence or actions, or an Officer in the course of their duties.
It is strongly recommended that no valuables be left unattended.

(b) The hirer must ensure that the contents of clause 8(a) of this clause are brought to the attention of everyone using the facilities. Anyone using the facilities will be deemed to do so at their own risk, waiving all rights (if any) to claims against Us in respect of any accident(s), damage(s), injury or loss for which We refute any responsibility or liability under clause 8(a).

(c) The hirer agrees to indemnify Us, and keep Us indemnified against all proceedings, claims, costs, expenses and liabilities in respect of:

• Any injury (whether fatal or otherwise) to anyone (whether using the

• facilities or not); and/or

• Any loss(s) of, or damage(s) to the property of anyone (whether using the

• facilities or not) arising from, or caused by, the hire of the facilities by

• the hirer.

​

(d) The hirer should obtain the relevant type(s) of insurance coverage in order to protect themselves from any liabilities that may arise out of the activity and/or the indemnity given to Us, pursuant to clause 8(c). The certificate of cover is to be publicly displayed.

 

Limitation of Liability

To the fullest extent permitted by applicable law and regulation, we disclaim any and all liabilities that may lawfully be excluded. This does not exclude any liability arising from our negligence or wilful misconduct.

9.

(a) The hirer must take all appropriate measures to ensure that no damage, whether direct or indirect, is caused to any facilities. This includes, without limitation, any use of grass pitches without authorisation or when play has been cancelled due to adverse weather.

 

(b) The hirer agrees to pay Us within 14 days of receipt of a written demand, compensation for any damage caused in breach of clause 9(a). The head of booking services or Officer will reasonably assess the amount of compensation. This will be the cost of repairing the damage, together with the actual or estimated amount of income We may have lost as a result of damaged facilities. The decision of the head of booking services or nominated officer will be final.

10.

(a) The hirer will be responsible for inspecting all facilities hired before use. The hirer will be deemed to have accepted that all facilities were in a good and safe condition, unless the hirer has specifically and clearly brought any defects to the notice of Our Officers before the commencement of use. Although one of Our Officers may have authorised the facilities to be used does not imply any warranty on the part of Our as to the condition of the facilities. The hirer must rely on their own inspection.

(b) Any complaint(s) which arise in connection with the hiring or use of any facilities must be made in writing to the head of booking services or an Officer within five (5) working days of the problem being encountered.

11.

(a) No charge can be made by the hirer, or any other person(s) attending, watching, or taking part in any event, without having first obtained the written consent of the head of booking services or an Officer. Any application for written consent must give full details of the charges to be made and how the proceeds of the charges are to be used.

​

(i) For the purposes of these conditions, a charge will be deemed to be made when any of the following applies:

• Money is demanded or paid for admission to, or participation in, any event(s);

• Any Programme(s) for an event or other goods are sold; and or

• A collection of money or goods is made; and or

• A raffle or lottery of any sort is held.

​

12.

(a) We reserve the right for any of Our Officers to enter the hired facilities at any time, with the intention to ensure the conditions of hire are being complied with.

(b) If an Officer, on visiting the hired facilities, reasonably believes any of the following:

• The hirer has not taken, or is not taking, the action necessary to fulfil their responsibilities under clause 6; or

• Any action(s) have been taken, or are being taken, in connection with the activity for which the prior written consent of the head of booking services or nominated officer is required under the terms of these conditions, and that prior written consent has not been obtained;

​

Then that Officer, at their discretion, may either require the hirer to:

(a) Take the necessary action(s); or

(b) Cancel the booking(s) and may require the hirer and everyone using the facilities to vacate them immediately.

No fees are refundable to the hirer by Us, in respect of any booking(s) cancelled in such a manner.

13. Additional Conditions Relating to Facilities
(a) To qualify for a refund for cancellations, the following condition must be met:

• (i) A cancellation of any weekend booking(s) with a minimum of 48 hours' notice before the start time of the booking;

​

Otherwise, the full charge will be incurred.

14.

Any correspondence sent to the hirer (whether via email or post) will be deemed to be received unless there has been a notification of non delivery.  The hirer is responsible for notifying the head of booking services or the Officer in writing of any change(s) of home or email address. We shall accept no liability or responsibility for any loss(es) or damage(s) which arise from any failure(s) to comply with this condition.

15.

We enter into this hiring agreement only in Our capacity as the owner and manager of the hired land. No action taken by Us or one of Our Officers, under the terms of such an agreement, will be deemed to be a waiver, or in any way limit Our rights, duties or powers.

 

If the written consent of the head of booking services is required, and is given to any action, this consent will not be deemed to be formal approval of the action from Us for the purposes of any statute or regulation, unless it is expressly stated to be so.