Terms and Conditions of Hire
1. Definitions and Interpretations
In this Agreement, except where the context otherwise requires, the following terms shall have the following meanings.
‘Agreement’ means this Agreement including Schedules A, B and C.
‘Force Majeure’ means any cause beyond the Charity’s reasonable control;
‘Hire Fee’ means total cost per hire session. See Schedule B.
‘Hire Provision’ means items included in the ‘Hire Fee’.
‘Hire Period’ means from the date from and the date to, selected above (inclusive).
‘Part Premises’ means the Eunice meeting room to be hired to the Hirer, being part of the Premises, with access to toilets and the outdoor area directly adjacent to the entrance doors. This does not include access to the outdoor area rented out by the Charity’s tenants.
‘Premises’ means the whole of the Charity’s premises at Telfer House, Range Road, Witney OX29 0YN. See Schedule A.
‘Purpose of Hire’ means individuals attending for the business purposes of the Hirer;
‘Session’ means the period between the start time and finish time on the Session Date. For block bookings of recurring Sessions, it means each period between those same times on each of the Session Dates.
‘Session Date’ means the date on which the Part Premises are hired to the Hirer, and for block bookings of recurring Sessions it means the dates of each of those Sessions.
2. Statement of Use and Values Alignment
As a Christian charity, our building is dedicated to supporting both our community and our foundational faith principles. We welcome bookings from businesses and organisations whose activities, purposes, and values are sympathetic to and respectful of our Christian beliefs, ethos, and practices. The charity reserves the right to decline or cancel any booking for activities or purposes that we consider to be inconsistent with or contrary to our Christian values and beliefs. By submitting this booking form, you confirm that your intended use of the premises aligns with this requirement.
3. Hirer’s Confirmation they not a Consumer
3.1 The Hirer warrants that, in connection with this Agreement, they are an individual aged at least 18 years, acting wholly or mainly for the purposes of a business and not as a consumer.
3.2 For the purposes of this Clause 2 “business” means any business, trade, craft, or profession carried on by either the individual Hirer or by any other person/organization, and “consumer” means the individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.
4. Session Booked and Extent of Hire
4.1 The Charity agrees to permit the Hirer to use the Part Premises for the Purpose of Hire, all as provided by this Agreement, for the dates stated above.
4.2 The rental agreement only covers the specified Part Premises and not any other areas of the Premises. However, the Charity allows the Hirer to use the ground floor toilets, parking in the front and rear, and access to the Part Premises for the agreed purpose. No access is granted to the tenanted area of the Premises. The Hire Fees include both the rental of the Part Premises and the use of these additional areas.
5. Payment of Hire Fees and Charity’s Cancellation for Non-Payment
5.1 The Hirer shall pay the Hire Fee as follows.
5.2 The total Hire Fee shall be due on the date of this agreement. The Hirer will be sent an invoice within 7 days of the booking agreement, and invoices are due within 7 days thereafter of receipt.
5.3 No booking for any Session Date(s) will be deemed to have been made until the Charity receives that payment in full. If it is not received in full within 7 days of the date of the Agreement, the Charity may at any time thereafter cancel this Agreement immediately by giving notice to the Hirer.
6. Hirer’s Cancellation
6.1 The Hirer retains the right to cancel the booking at any time prior to the Hire Period. A full refund of all fees paid will be issued if the cancellation occurs at least three working days before the commencement of the hire period (excluding the Session Date). Cancellations made within three working days of the hire period will result in a non-refundable fee of 50% of the total charges (excluding the Session Date).
6.2 The amount due under clause 6.1 shall become due and payable upon demand by notice given by the Charity.
7. Charity’s Cancellation
7.1 Subject to the provisions outlined in Clause 6, if a cancellation occurs under this Clause, the Charity will refund all amounts previously paid by the Hirer. The refund will be provided in full, without any deductions, and the Charity will have no further liabilities to the Hirer beyond this refund.
7.2 The Charity may cancel this Agreement at any time by notice to the Hirer where it reasonably anticipates that due to Force Majeure which has occurred, it will not practicably be able to:
7.2.1 make the Part Premises available for a single booked Session; or
7.2.2 where there is block booking of Sessions, make thePart Premises available for one or more or all of those booked Sessions.
The Hirer shall remain liable for, and the Charity may deduct from the amount returned to the Hirer under Sub-Clause 6.1, the Hire Fees for the uncancelled Session(s) falling at any time during the Hire Period.
7.3 The Charity may cancel this Agreement at any time by notice to the Hirer where the Hirer is in material breach of any provision of this Agreement. The Charity shall be entitled to set off against and deduct from the amount to be returned by it pursuant to Sub-Clause 7.1 both the Hire Fees for all such Sessions as have begun or been completed at the time of the notice and any amount or part of such amount for which the Hirer is liable under Sub-Clause 11.4.
7.4 Where only one Session Date has been booked, the Charity may cancel this Agreement at any time by notice to the Hirer given at least three working days before the Session Date. If the Charity provides less than three working days’ notice for any reason other than Force Majeure, the notice will still be considered effective. However, as compensation, the Charity will apply a 25% discount to one day of the next hire period booked by the Hirer.
8. Hirer’s Permitted Cancellation
8.1 The Hirer may terminate this Agreement at any time by notice to the Charity if the Charity commits any material breach of a material term of this Agreement and, if such breach is remediable, fails to remedy that breach within a period of fourteen days after the Hirer gives notice to the Charity to do so. If the Hirer so terminates this Agreement, the Charity shall return to the Hirer all Hire Fees previously paid less such Hire Fees paid for Sessions which have been completed prior to the date when the termination takes effect.
9. Conditions to be Observed by the Hirer
The Hirer agrees to observe and perform the provisions set out in Schedule C and to ensure that all persons attending or using the Part Premises or any other part/s of the Premises also do so, and in Schedule C “Hirer” includes all of those persons.
10. Liability
10.1 The Charity does not guarantee or assure that any part of the Premises, including the Part Premises, as well as any facilities or access points, are safe, adequate, or suitable for the intended Purpose of Hire.
10.2 The Hirer understands that, except for personal injury or death caused by the Charity’s negligence or that of its responsible persons, they are solely responsible for the following:
10.2.1 Ensuring that all areas of the Premises, including the Part Premises, are safe, suitable, and adequate for the hiring purpose.
10.2.2 Being liable for any safety issues, unsuitability, or inadequacies in any part of the Premises or facilities, including access and exits.
10.3 The Charity does not accept any responsibility or liability for the loss or damage of items brought into, left in, or stored at the Part Premises, or any other parts of the Premises, by the Hirer, as stated in Sub-Clause 9.6.
10.4 Subject to Sub-Clause 9.6, the Hirer agrees to be liable for, indemnify, and keep indemnified the Charity from all actions, claims, demands, costs, expenses, liabilities, losses, delays, damages, or other financial detriment incurred by the Charity (directly or indirectly) arising from:
10.4.1 Any damage caused to any part of the Premises by the Hirer;
10.4.2 Any loss of or damage to property owned by the Charity that is caused by the Hirer in any part of the Premises;
10.4.3 Any loss of or damage to items that the Hirer brings into, leaves, or stores in any part of the Premises;
10.4.4 Any breach or non-performance of this Agreement, or any negligent act, omission, default, or breach of statutory duty by the Hirer;
10.4.5 Any personal injury or death of any person present in or around the premises for the purpose of hire, except where caused by the negligence of the Charity or any person for whom the Charity is responsible;
10.4.6 Except to the extent that Sub-Clause 9.4.5 applies or in cases of negligence by the Charity or its representatives, any use of the Premises (whether or not for the purpose of hire) by the Hirer; or
10.4.7 Except to the extent that Sub-Clause 9.4.5 applies, any lack of safety, unsuitability, or inadequacy of any or all of the Premises or other facilities, including access to or exit from them.
10.5 In Sub-Clauses 9.3 and 9.4, “Hirer” includes those acting on its behalf (including employees, contractors, volunteers, or agents), as well as others attending or involved in any session.
10.6 Nothing in this Clause 9 or any other provisions of this Agreement shall exclude or limit either party’s liability for death or personal injury caused by its own negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
11. Insurance
11.1 The Hirer will pay for and keep in place insurance for the entire Hire Period. This insurance must cover all risks and responsibilities under this Agreement, including any items brought into the Premises. It should also cover liability for any defects or accidents caused directly or indirectly by these items.
11.2 The Hirer will obtain and maintain Public Liability Insurance and Third Party Liability Insurance from a reputable insurance company for the entire Hire Period. This insurance must cover personal injuries and property damage, including damage to the Premises and the actions of the Hirer and those acting for the Hirer, such as employees, contractors, volunteers, and agents, as well as anyone involved in any Session. Such insurance must have a limit of indemnity of at least £1,000,000 for any accident.
11.3 The Hirer will show the Charity proof of the required insurance on the date of this Agreement and whenever the Charity requests it later. This proof should include copies of receipts for premiums paid.
12. Miscellaneous
12.1 Force Majeure: The Charity shall not be in breach of this Agreement or liable for any failure to perform its obligations under this Agreement if such failure results from a Force Majeure event.
12.2 VAT: All amounts payable by the Hirer are stated in this Agreement exclusive of Value Added Tax (VAT). If VAT is chargeable on any amount, it will be added at the current rate applicable at the time. Any reference in this Agreement to an amount being payable or returnable means that amount plus the applicable VAT.
12.3 Assignment: This Agreement is personal to the Hirer, and therefore, none of its obligations or benefits under this Agreement are transferable. The Charity may assign or transfer any of its rights or obligations under this Agreement.
12.4 Third Party Rights: The parties agree that a person who is not a party to this Agreement has no right to enforce any terms of this Agreement, solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.5 Notices: All notices given under this Agreement must be in writing and sent by ordinary pre-paid post to the party’s address provided in this Agreement. Notices shall be deemed served within two business days of posting.
12.6 Waiver: The failure to exercise, or any delay in exercising, any right or remedy under this Agreement shall not be construed as a waiver of that or any other right or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy.
12.7 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any previous discussions, arrangements, warranties, representations, understandings, or agreements relating to its subject matter.
12.8 Nature of Arrangement: This Agreement grants permission only to use the Premises and does not imply any lease or tenancy rights for the Hirer. No landlord-tenant relationship exists between the Charity and the Hirer.
12.9 Variation: No variation to this Agreement shall be effective unless agreed in writing and signed by or on behalf of both the Charity and the Hirer.
12.10 Law and Jurisdiction: This Agreement shall be governed by English law, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12.11 The Charty retains the discretion to decline any booking request submitted by potential hirers without the obligation to provide a rationale for the decision. This policy is in place to ensure that all bookings align with the organisation’s standards, values, and logistical considerations.
Schedule A: The Premises
- Access to the Premises is granted through the main gates and via the pedestrian access point from the road.
- Free parking is included for up to 14 vehicles
- EV charging is available.
- The Part Premises are the hired spaces only.
- Access to the ground-floor toilets, outdoor area, and car park at the Premises is permitted.
- No access to the kitchen and dining space, first floor, Wellbeing Room, reception desk or any other area not specified as Part Premises or granted in point 3 is permitted.
- No access is permitted to the land occupied by the Tenant.
Schedule B: Hire Times
Half Day Morning Hire: 8.30am – 1pm | Half Day Afternoon Hire: 1pm-5.30pm | Full day Hire: 8.30am – 5.30pm
Schedule C: Conditions to be met by the Hirer
The Hirer will NOT:
1. use any part/s or all of the Premises for any unlawful purpose or in any unlawful way.
2. use any part/s or all of the Premises for any immoral purpose or in any immoral way.
3. use any part/s or all of the Premises in any way which could damage the reputation of the Charity.
4. place any signs in, at, or on the Premises without the prior written consent of the Charity.
5. use any equipment in any part/s of the premises without the prior consent of the Charity
6. alter, add, interfere with or remove any of the fixed furniture, fittings, lighting, heating, power or other equipment or appliances or other items in or at any part/s of the Premises and will not install in or at any part/s of the Premises any of the foregoing items.
7. drive any nail, screw or other fixing or fastening into any wall, floor, or furniture of any part/s of the Premises or use any adhesive tape, glue or blue tack or equivalent on or in any part/s of the Premises without the prior consent of the Charity.
8. bring to or into any part/s of the Premises any source of electrical power or energy or any form of heating.
9. cause or allow any naked flame, candle or incense sticks to be used in or at any part/s of the Premises.
10. allow any smoking in or at any part/s of the Premises.
11. bring to or into any part/s of the Premises or consume in or at any part/s of the Premises any alcoholic beverage.
12. cause or allow anything in or at any part/s of the Premises giving rise to a health or safety risk.
13. cause any nuisance, disturbance, annoyance or inconvenience to the Charity or to the owners or occupiers or users of any neighbouring premises.
14. cause or allow any obstruction to any access into or exit from any part/s of the Premises.
15. cause or allow any damage to any part/s of the Premises.
16. cause or allow any damage to any of Charity’s equipment or property in or at any part/s of the Premises.
17. for health and safety reasons, permit more than a maximum of 14 persons to be present in or at the Premises at any one time.
18. sell any books or literature or anything else in or at any part/s of the Premises without the Charity’s prior consent.
19. hold any raffle or other form of lottery in or at any part/s of the Premises without the Charity’s prior consent and any necessary licence.
20. make any audio or video recording in or at any part/s of the Premises or broadcast from any part/s of the Premises without the Charity’s prior consent.
Requirements
The Hirer will:
1. keep the Premises clean and tidy, and return, stack/store safely and neatly all of the Charity’s chairs, tables and other unfixed furniture and equipment to the Charity’s storage location/s in or at the Premises.
2. remove from the Premises any rubbish left.
3. remove from the Premises any equipment or other items brought in by the Hirer.
4. make good any damage caused to the Premises or to anything in the Premises.
5. ensure that all electrical equipment used at the Premises which is provided by the Hirer meets current safety standards and has current Portable Appliance Testing (PAT) and that proof of such is provided to the Charity.
6. comply in relation to the Premises with the fire and safety regulations – a copy of which the Hirer has received from the Charity.
7. obtain and comply with in relation to the Premises any necessary copyright, entertainment or performing rights licences, and any other necessary licences or permissions for the Purpose of Hire.
8. be present at the Part Premises throughout each Session and provide overall supervision of each Session.
9. provide sufficient staff or others for the running, stewarding, overall supervision and any necessary further supervision of each Session.
10. be responsible for any failure by any individual who acts to supervise, manage, lead or run all or any part or aspect of a Session.
11. be responsible for the care and safeguarding of any children or vulnerable adults attending for or in connection with a Session.
12. ensure that the Premises are safe for the Purpose of Hire.
13. ensure that those attending the Premises for the Purpose of Hire leave in an orderly manner.
14. at the end of each Session, switch off all lighting and turn off hot water that the Hirer has switched on, shut all windows that the Hirer has opened and return all fobs to reception
15. comply with the Charity’s reasonable requests or instructions from time to time in relation to the Premises including, but not limited to, any instruction regarding health and safety or noise levels.
16. comply with the Charity’s relevant policies, a copy of which the Charity has provided to the Hirer.