BFDC Terms and Conditions
APPLICABLE TO ALL ACTIVITIES TAKING PLACE WITHIN BRADLEY FOOTBALL DEVELOPMENT CENTRE
These Terms and Conditions are binding upon any persons, club or organisation hiring or using the facilities at the above premises and relate to all parts thereof. All references to the Company refer to Lincs Inspire, whose agent is the Operations Manager of the building in question. All correspondence in connection with any hiring of the centre shall be addressed to:
Bradley Football Development Centre
Normal hours of business: Monday to Friday 08:00-17:00
In these conditions for hire:
- The Company means “Lincs Inspire Limited”
- The Facility Manager includes any Officers of the Centre authorised by the Company to perform any particular duty.
- The Centre means “Bradley Football Development Centre, Bradley Road, Grimsby, DN37 0AG”
- The hirer shall be deemed to include any person using the Centre or any of its facilities in consequence of the hiring whether or not a charge has been paid and shall also include a spectator.
- The Council means “North East Lincolnshire Council”
In all correspondence, advertising, publicity and media coverage, the venue shall be referred to as “Bradley Football Development Centre”.
The Hirer shall comply with the following conditions (unless expressly authorised otherwise by the Facility Manager) and any other reasonable requests. Entry and use of the Centre is granted on the condition that the terms stated in this document shall be deemed to be incorporated into the contract of entry to the Centre.
The person signing the application form shall, for the purposes of these conditions, be deemed as the hirer and shall be aged 18 years or over. Transfer of any bookings or sub-bookings requires the the written consent of the Facility Manager a minimum of two working days in advance of the booking date. The Centre may, at the Facility Manager’s discretion, be booked for a single event, more than one year in advance, subject to the strict understanding that the scale of charges, at the date of the function, will apply unless payment is made in full at the time of booking. As a minimum, a non-refundable deposit of a minimum 25% will be required to secure the booking.
Bookings for a series of meetings/events would not normally be accepted for a period exceeding 1 year.
All applications by individuals, or on behalf of organisations, are to be made on the official booking form, which can be obtained from the above address.
2.1. Casual/Block Bookings
Casual Bookings can be made up to 6 days in advance. Payment may be required upfront.
Applications for Block Bookings must be made on the correct application form. Agreement for Block Bookings are made at the discretion of the Facility Manager. An advance payment / deposit may be required to secure all or any block bookings.
2.2. Special Event Bookings
Applications for Special Events must be made on the correct booking form at least twenty-eight days before the event or first day of hire. No booking/event will be deemed acceptable without written confirmation from the Centre.
- Scales of Charges
Standard Booking Charges: A price list is displayed on the Lincsinspire.com website
Special Events: Prices are available from the Facility Manager.
3.1. Payment Of Charges
Payment is to be made as follows:
A) Casual Use: Payment in full to be made when booking, either online or in person. Payment to be made at least 5 minutes prior to commencement of booking.
B) Block Booking: Payable as agreed on application. Invoicing is at the discretion of the Facility Manager and payment is required via bank transfer as per the payment terms.
C) Special Events: Individuals/Organisations – a deposit of 25% must be submitted with the application form. If fees are less than £50.00, the full amount is to be made at the time of booking. In all other cases, the full amount must be paid two working days prior to the event via bank transfer or payment at the centre. If paying by cheque, please make the cheque payable to ‘Lincs Inspire Ltd’ and allow 7 days for bank clearance. If you are posting a cheque, please ensure this is clearly addressed to the address provided on the application form.
Special Events may be paid for via invoice by exception and at the discretion of the Facility Manager. A deposit will be required in advance. Please follow payment information on the invoice once received.
- Cancellation by The Company
A) The Company reserves the right to cancel any booking. Where a booking is to be cancelled by the Company, as much notice as reasonably possible will be given, except in the cases mentioned in paragraphs ‘D’ and ‘E’ below, where possible suitable alternatives may be offered.
B) The Company reserves the right to prohibit the use of any part of the facility at any time if in its opinion, the facility(ies) are unfit for use, or such use will or is likely to render the facilities unfit.
C) All monies paid in respect of a booking cancelled in accordance with paragraphs ‘A’ and ‘B’ above, will be refunded unless alternative accommodation has been offered by the Company and accepted by the hirer, but the Company will not be liable for any other expenditure incurred, or loss sustained directly or indirectly by the hirer arising from cancellation. The Company accepts all deposits on the understanding that they are not refundable.
D) In the event of the centre being required for any purposes which were not foreseen at the time the booking was made, the centre reserves the right to cancel the booking without any prior notice to the hirer, refunding to the hirer all hire fees in respect of the day or days on which the hire is cancelled by the Company as foresaid. The Company’s decision shall be final.
E) If any of the circumstances over which the Company has no control, render the Centre unavailable to the hirer on any day of the proposed hire, or any part of such day, the hirer shall not be entitled to compensation thereof or in any connection therewith other than return of the hire charge.
4.1 Cancellation by The Hirer
Cancellation of a casual booking must be made at least 1 working day before the commencement of the booking period. If a cancellation is received after this time and the facility is not re-let, then the hirer is liable for full payment.
4.2 Cancellation of A Block Booking
Cancellation of an individual session must be made at least 1 working day before the commencement of the booking period. If a cancellation is received after this time and the facility is not re-let, then the hirer is liable for full payment.
A request for cancellation of a block booking permanently by any organisation or club must be made in writing, or by email at least 5 working days in advance of the period of hire. If such noticed is not received, the full hire charge may be due if a replacement booking is not found.
Block bookings shall only be entitled to 6 cancellations within a 6-month period. In the event of additional cancellations within the period, the hirer will be liable for full payment, regardless of use, and the centre reserves the right to withdraw the booking slot.
4.3 Cancellation of Hiring and Forfeiture Of Hiring Fee – Special Events
In the event of a booking at the centre being cancelled by the hirer, the Company reserves the right to demand payment of a booking fee for liquidated damages and not by way of penalty, in respect of any such cancellation, provided that the booking is cancelled not less than 5 working days prior to the event. When a booking is cancelled by the hirer within 5 working days of the event, the whole of the hire fee shall become payable.
- Commencement of Hire Period Late Fee
An excess use fee is payable in respect of each hour or part hour, during which the Centre is used by the hirer, after the finishing time confirmed within the booking agreement For the purposes of calculating any fee payable by the hirer, the use of the Centre by the hirer, shall not be deemed to have terminated until the hirer, it’s employees, licensees and invitees have left the Centre, thus leaving the Centre and the Company in a position to prepare for the next activity or close the building.
A) The hirer shall not use the Centre for any purpose other than that for which it is hired.
B) The hirer shall not use any part of the Centre not specified in the hire agreement/letter of confirmation.
C) The hirer shall not assign or sublet the Centre or any part thereof.
- Limits of The Accommodation
The limits of accommodation are only to be used as a guideline. The precise number of persons attending a function will be at the discretion of the Facility Manager after discussion with the hirer. The hirer shall then be responsible for ensuring that these limitations are observed and that all rule and regulation of the company, or any other relevant authority applicable to the arrangements of seats and gangways are obeyed.
A limited number of staff are provided by the Company. Such staff being employed on general duties. The hirer must provide, at their expense, any additional labour or assistance required in connection with the hire, such person must be qualified to the relevant standards as determined by current legislation and the company may request as a condition of the hire, that personnel such as security guards/fire wardens/first aiders etc.. all possess current and relevant qualifications, evidence of which is to be presented to the company and where applicable uniforms and identification must be applied through the period of hire.
The hirer must ensure their hire/event is completed within the agreed timescale, the company may not be able to provide any extension due to other booking commitments or licensing requirements. The hirer shall be liable for any additional expenses incurred by the company in the event of an extension being approved by the Facility Manager.
- Hirers Liability for Loss, Damage Or Injury
A) It is an express condition of the hire, that the hirer shall be liable and accept full responsibility for injury, loss and cost of repair of any damage to the Centre and its environs (fair wear and tear is acceptable), which may be occasioned, done or committed during the period of hiring of the Centre, or any part thereof, or to any furniture or fittings to other property in the Centre, deemed to belong to the Centre or be the responsibility of the Centre. This will include the loss or removal of any such furniture, fitting or any other property and shall fully indemnify the Company from any such claims which are pursuant to this condition.
B) In the event of any damage to the Centre arising as a result of the hire, the Company shall determine the sum to be paid by the hirer to the Company for the purpose of making good the damage and in respect of any financial loss suffered as a result of facilities at the Centre being rendered unavailable for hiring on account of the damage caused.
- Intoxicating Liquors
Intoxicating Liquors may only be consumed on the premises in the designated area (Café Bar) as set by the Designated Premises Supervisor. A minimum six weeks’ notice must be given if any extension of the normal licensing hours is required. There is no guarantee that any extension would be approved, and the decision of the licencing authorities is final and to be adhere to. Under no circumstances are the hirers to bring or permit intoxicating liquor to be brought onto / consumed on the premises without the prior consent of the Company. No intoxicating liquors are to be taken outside of the café bar area by any person(s). Any persons found to be doing so will be removed from the facility and the hirer may be subject to a financial penalty imposed or forfeiture of their future bookings.
- Parking of Cars
Parking within the precinct of the Centre is permitted in marked bays only. The unloading of vehicles outside these bays will be at the discretion of the Facility Manager and prior approval will be required. Anyone using the Disabled Parking Facilities must display a current valid certification (Blue Badge). Under no circumstances should any persons park within restricted areas or block gated areas. Please note, parking on the grass verges or Bradley Road rural clearway outside the premises is strictly not permitted and you may be subject to parking fines by a third party.
Lincs Inspire Ltd, take no responsibility for any item/s article/s brought into the Centre, which are lost/stolen or damaged during any hire or visit. In addition, Lincs Inspire take no responsibility for any damage or theft from any vehicle/cycle parked on the premises. Patrons do so entirely at their own risk.
- Maintenance of Order
A) The hirer shall always, be responsible for the maintenance of good order and discipline of those attending the Centre in connection with the hire.
B) The hirer shall ensure that all parties associated with their hire leave the premises quietly, minimising any disturbance to occupiers of the Centre and local residents.
C) The hirer shall ensure that the ‘No Smoking’ Policy of the Centre is always adhered to (any areas within the green perimeter fencing). This includes ‘No Vaping’.
- Broadcasting and Filming Rights
The hirer may not grant broadcast (sound or television) or filming rights without prior consent of the Company. If any such consent is given, the Company reserve the right to take part in any negotiations, to be party to the terms and conditions of any agreement reached and to share in any income and publicity derived therefrom. All applicable legislation must be applied throughout.
No sweepstakes, raffles or other forms of lottery shall be promoted, conducted, or held on the premises except for those that are lawful by the virtue of any enactment to the Gaming Act. Prior written consent must be gained from the Facility Manager in advance.
No persons or organisation is permitted to give away goldfish, live animals or items considered inappropriate by the company as prizes whilst holding an event on publicly owned premises under control of the Company.
- Public Performance of Copyright Work
The Company has been granted license by the ‘Performing Rights Society Limited, Copyright House, 33 Bemers Street, London, W1.’ To cover performances of all musical works in the Society’s repertoire. The hirer shall comply with the conditions of this license and, shall:
A) Permit the Performing Rights Society by its duly authorised agent to have the free right of entry into the Centre during the times of Public Performance.
B) Within 24 hours of termination of the hire, supply for the Facility Manager for transmission to the Performing Rights Society, a list, signed by the hirer, of all music performed, and the author, composer, arranger, and publisher of each composition performed and the number of times that each was performed.
A hirer who proposes to use any copyright work not in the Society’s Repertoire, shall first obtain the consent of the owner or the owners of the copyright in respect of such performance. In the event of an infringement of copyright during the period of hiring, the hirer will indemnify the Company from all liability in respect of the infringement.
- Public Entertainment License
The Centre does have a Public Entertainments License. A copy of which, is displayed in the Front Office.
- Right to Sell Tickets
In the event of the Company selling tickets on behalf of the hirer, a 5% minimum commission or a negotiated percentage of income from the sales may be deducted by the Company before the income is passed to the hirer.
- Electricity and Water
No additional water, gas or electrical equipment shall be installed in the Centre, or alterations to such equipment made without written permission of the Company. In the event of such permission being granted, the necessary work is to be carried out to the satisfaction and under the supervision of the Facility Manager and any other appropriately qualified person that the Company may nominate. Any electrical equipment brought onto the premises under the supervision of the Facility Manager must have an Earth Leakage Circuit attached to it. All work must comply with 18th Edition of Regulations for Electrical Installation, or any subsequent edition, published by the Institute of Electrical Engineers. Relevant paperwork must be shown two weeks prior to the event for any P.A. Testing done on any equipment being brought onto site.
No unauthorised use of power points throughout the building is permitted. Permission must be gained from the Facility Manager.
- Structural Alterations and Decorations
No structural or temporary alterations shall be made to the fabric of the building, nor to any of the Company’s installations, furniture, fixtures or fittings, or other property within the Centre shall be made without the express permission and under the supervision of the Facility Manager and any other appropriately qualified person that the Company may nominate. All costs will be the hirers, including any making good that the Company requires. No cost should fall upon the Company and any cost the Company should incur in making good will be borne by the hirer.
- Fire Risk
In cases where flammable material is used in the construction of display items, or in the making of costumes or any other apparatus, notification must be given to the Company and the materials used to be treated and maintained in a fire-resistant condition in accordance with current regulations. Fire Doors, and doors fitted with automatic closures, must not be interfered with. The hirer shall keep every corridor, passage, entrance and exit of the premises clear of obstruction and ready for use in an emergency.
- Company’s Insurance
The insurance held by the Company, must not be invalidated by the action of the hirer. Details of such insurance can be obtained from the Facility Manager. If any loss or damage is caused by reason of any act, default or omission deliberate, or otherwise on the part of the hirer, their agents, servants, employees or licensees, such loss or damage will be made good by the hirer and the hirer shall indemnify the Company accordingly.
The hirer will be required to provide evidence of appropriate public liability insurance. The hirer shall not do, or permit anything to be done, which in the opinion of the Company, is not covered by its policy or policies of insurance in relation to the use of the premises, or which will cause any increased or extra premium to be payable without the written consent of the Company. Fees may be increased, and additional conditions imposed if required by the Company’s Insurers in respect of any additional risk.
23.2. Hirer To Insure If Required
If required by the Company, before the date of the hire, the hirer shall affect insurance cover in the joint names of the Company and the hirer, against the hirers liability for an amount to be prescribed by the Company’s Insurers in respect of any additional risk.
- Indemnify in Respect of Third Party
The hirer shall indemnify the Company from and against any claim for damages, cost or expenses which may be made against the Company o in the respect of death, personal injury, or loss of or damage to property, however caused, occurring during, or in consequence of the hire.
- Removal of Equipment
Contractors and others engaged by the hirer to supply decorations, fittings or other facilities will be required to remove and clear away all articles belonging to them by the end of the period of hire and to observe any reasonable instructions which are given on behalf of the Company by the Facility Manager of the facilities, or their staff. Hirers are requested to give notice accordingly. All waste and rubbish must be collected and placed in the refuse bins as directed by the Facility Manager.
- Exits and Entrances
The hirer shall not close or block any internal or external entrances, exits or passageways to, or from the Centre, including gangways in the activity areas. Fire doors must remain operational at all times.
- Right of Entry
The Company reserves the right for any duly authorised Officer or Servant of the Council (landlord) and the Chief Super Intendant of the Police or Chief Fire Officer or their duly authorised representatives to always enter the Centre and the right to require the hirer to refuse admission to or remove any disorderly person or any article which is or may be a source of danger.
Photographs for professional or commercial use and publication must not be taken in the Centre without the prior permission of the Facility Manager. Any photography taking place must be within the permitted area’s and a relevant ‘Permit to Photograph’ form must be completed and returned to the Facility Manager.
Strictly no photography or filming is permitted within changing areas or toilets.
- Health and Safety
The hirer shall comply with all current Health & Safety Regulations and shall acknowledge they have received the Emergency and Normal Operating Procedures of the Centre and notified all their attendees, employees and sub-contractors of these procedures.
All hirers shall provide a full written risk assessment prior to booking and/or activity taking place. Assistance can be provided if requested.
All hirers are advised to have someone trained in first aid appropriate to the number of persons expected to be involved in the activity. All hirers should ensure a first aid kit is present.
The hirer shall keep noise at a level which is acceptable to the Facility Manager and the Environmental Health Officer, and which does not cause any disturbance or nuisance to the local residents or other centre users. The hirer shall comply immediately with any instructions to reduce the noise levels given by the Facility Manager or any other authorised Council Officer. The hirer shall not be entitled to compensation in consequence of these.
- Company’s Instruction
The hirer shall carry out and observe all instruction of the Company, relating to the use of the Centre and conduct therein which may arise from time to time, be published by notice on the premises or otherwise.
The hirer shall refrain from any conduct which is unseemly or unsporting which might cause annoyance, nuisance, or damage to other users of the Centre. No person shall attend site in an intoxicated manner. All admitted to the building must adhere to the Building Admittance Policy which states:- Please note that offensive, abusive or threatening behaviour will not be tolerated towards our employees or centre users. Harassment or any of the behaviours mentioned will be dealt with in an appropriate manner including exclusion from Lincs Inspire Facilities and contacting the Police.
The hirer shall not exploit any commercial rights or conduct any commercial activity associated with the booking other than with the prior written approval from the Facility Manager.
Anti – defamation clause
The hirer agrees to take no action which is intended, or would reasonably be expected, to harm the company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the company. This includes any social media. No bookings will be accepted from organisations known to have discriminatory aims and objectives.
The hirer shall ensure that all children (under 16’s) are supervised at all times. Under 16’s shall not be permitted in the café bar area without appropriate supervision of a responsible adult.
Code of Conduct
The Hirer shall comply with the Centre’s Code of Conduct
- Law of The Land
The hirer, their agents, servants, employees or licensees shall comply with the current law of the land.
- Bookings for Children
All hirers shall ensure that there are at least two adults (18 years of age or over) supervising at all times. All adults working with children and young people under the age of 18 must have a current enhanced DBS check. A register of DBS numbers and expiry dates should be provided for all adults working for the organisation that will be using the facility and delivering a service to children and young people.
The attention of the hirer is drawn to the following:
A) SECTION 12 CHILDREN AND YOUNG PERSONS ACT 1933
B) THE CHILDREN ACT 2004
The hirer shall return the premises in the same clean and tidy condition to the entire satisfaction of the Facility Manager. Failure to comply with this requirement will result in the hirer being charged the full cost to return the premises to a clean and tidy condition ready for public use.
Except with the permission of the Facility Manager, the hirer shall NOT:
A) Bring into the Centre any food, drink or dangerous or obnoxious object. Any food brought into the Centre with the permission of the Facility Manager, for preparation, sale and/or consumption must comply with all current food handling and safety legislation.
B) Sell or supply to other users of the Centre, goods of any description whatsoever.
C) Display, distribute, affix, or post any bill, placard or notice into or upon any part of the Centre, or on any of the land or buildings without the Company’s prior approval. Unauthorised postings will be removed immediately.
D) Advertise or publicly announce any event due to take place at the Centre, without approval of the Company of the material.
E) Use other than the proper footwear appropriate to the activity/surface involved. All person(s) must be dressed appropriately for the activity they are participation in.
F) Admit or permit to the Centre any glassware or articles of an inflammable, explosive, dangerous, noxious, or offensive nature.
G) Admit or permit to the Centre any musical instrument(s) or noise making equipment in any outdoor space which may cause annoyance or disruption to any other person.
- Charity Collections
Charity collections shall not be permitted on the premises unless a permit has been obtained from the Local Authority and agreed by the Facility Manager.
CCTV is installed throughout the Centre for the protection of property and the safety of staff and customers. Upon entering the Centre, all person(s) consent to video monitoring.
- Breach of Conditions
Facility users are required to comply with the terms of the Facility Regulations as stated and the Centres Code of Conduct. In the event of a breach by the hirer of any of the foregoing conditions, the Centre’s Performance Framework will be implemented. The Facility Manager or other authorised representative of the Company will give notice to the hirer of which conditions have been breached and follow the Performance Framework during any disciplinary process.
The Company reserves the right to suspend/cancel the hire until the hirer has proven to the Company that all conditions are adhered to and can show what actions have been taken to ensure no further breach of the same nature will occur, and in doing so, the Company shall not be liable to refund any portion of the hiring fee the hirer or be liable to the hirer or any third party for compensation in respect of such cancellation of the hiring, any such cancellation is to be without prejudice to any claim which the Company may have against the hirer.
- Additional Conditions
The Company reserves the right to refuse any application for hire or to vary the scale of charges. The Company reserves the right to amend or vary these conditions or impose additional conditions without notice.
Any complaints connected with the hire of the premises should be made in writing to the Facility Manager within 5 working days of the event.
To Be Retained by The Hirer