Terms and conditions of sports and community lets
1. Application and booking facilities
All applications for hire and use of school facilities must be made online.
- receipt of an application form for hire of a facility does not constitute an acceptance of the booking. The facility will not be deemed to be hired until the applicant has received confirmation of hire
- unless expressly stated otherwise it will be presumed that the person signing the form will be the hirer, and shall have responsibility for the hire charge
- we reserve the right to refuse any booking or part thereof without giving any reason
- additional charges per hour may be added to bookings made out with the designated opening hours
- any let exceeding the original booking times will have additional charges added
- please provide a minimum of 1 week notice for any let
2. Charges and payment
The charge appropriate to the date of let will apply, irrespective of the dates of approval. As charges are normally reviewed by us annually it is the responsibility of the hirer to ascertain the appropriate charge from the Lets Booking Team for advance bookings for the next financial year of hire.
Block booking and VAT exempt (sports facility)
Any block bookings made must meet all of the following criteria to qualify for a VAT exemption:
- booking consists of 10 or more sessions
- each session is for the same sport or activity
- each session takes place in the same facility
- the interval between each session is at least one day (24 hours must elapse between the start of each session) but not more than 14 days. The duration of the sessions may be varied. There is no exception for intervals greater than 14 days through the closure of the facility for any reason
- the series booked will be charged in full even if the right to use the facility for any specific session is not exercised
- the facilities are let out to a school, affiliated club, association or an organisation representing affiliated clubs or constituent associations, such as a local league
- the person to whom the facilities are let has exclusive use of them during the session
If you book a sports or physical recreation facility for an exclusive, continuous period of over 24 hours the facilities will be charged as exempt from VAT unless otherwise advised by us.
3. Cancellation
- all cancellations must be submitted to the school/facility as soon as possible
- in the event of a cancellation by the hirer of a confirmed booking a cancellation charge up to the hire charge will be made and will not reduce the liability of the Council
- a cancellation fee will be applied in the event of no shows
- any booking cancelled by us due to a failure of the hirer to ensure compliance with the rules will be liable to pay for the full cost of the hire
4. Use of premises
Conduct
- the facility staff on site will have responsibility to ensure compliance with the conditions of let and have the right to terminate the let or refuse admission at any time
- any person admitted to school facilities must conduct themselves in an acceptable manner and comply with all reasonable instruction or direction provided to them by the facilities staff
- any person under the influence of drink and/or drugs may be expelled or excluded as in the terms of the rule above
- the hirer is liable for the actions of all participants, spectators and contractors during the hire period
Access
To ensure compliance with these guidelines each let must be supervised by a designated person who will be responsible for the overall control of the let and in particular, for taking control in the event of an emergency. Hirers are required to nominate the person who will act in this capacity. This individual must be present throughout the duration of the booking.
- groups shall be responsible for maintaining a register of attendees for their respective let
- access for the set-up of activities or events must form part of the times agreed when making the booking
- maximum venue capacities must be strictly adhered to
- the hirer must ensure that it complies with the terms of the Protection of Vulnerable Groups (Scotland) Act 2007. This is relevant to any let involving children, young people under the age of 18 and/or vulnerable adults
Smoking and alcohol
Smoking is prohibited in all of our premises. All users will be required to adhere to The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006. Failure to comply with the law is a criminal offence and individuals may be fined a fixed penalty.
Alcohol is not permitted on school premises without prior consent and appropriate licences being obtained.
Loss, damage or injury
- the hirer shall indemnify the Council against all actions, claims, costs, liabilities and proceedings arising out of the hirer’s use of the facilities/equipment during the term of the let
- damage to property and injury to persons during the time of use should be notified immediately to the janitorial/facilities staff
- the hirer is responsible for any damage to the premises and equipment by the hirer or any person participating in the hire. Any alterations or damage to the premises, fixtures, fittings, equipment, furniture or other contents will be charged in full to the hirer
- we will not be liable for any damage or loss of property brought to or left in the premises or the premises car park
Insurance
The hirer is required to take out appropriate insurance to cover their specific activities and to cover loss or damage of property.
5. General conditions
- the hirer is responsible for ensuring that appropriate footwear is worn. The hirer will be held liable for any costs incurred or sought by us resulting from damage caused by inappropriate footwear
- the hirer is responsible for leaving the facilities in a clean and tidy state. Failure to remove items of rubbish, decoration or other such items upon request may result in these items being disposed of by us, the cost of which will be levied against the hirer
- the hirer shall ensure that motor vehicles are not parked in such a way as to obstruct the entrance or exits to and from the school facilities. We accept no responsibility in respect of any vehicle or for any loss or damage to any vehicle or its contents
- the use of bottled gas or flammable items/decorations in the school facilities are strictly prohibited
- the storage of any items at the venue either prior to the booking or after is not permitted without the consent of the school facility staff. If permission is granted storage will be charged at the normal hourly rate for occupancy
- posters, bills, flyers or other such material may not be displayed within or outside the premises without permission from the school facilities staff
- no photographic equipment or any other form of visual or sound recording equipment is to be used on the premises without the consent of school facilities staff
- the use of pyrotechnics and smoke machines are not permitted within our school premises
6. Health and safety
- the hirer is responsible for the health and safety of participants in managing and supervising the activity designated in the booking
- groups/organisations will take responsibility for conducting their own risk assessments
- it will be the hirer’s responsibility to ensure that all equipment or property brought to the premises is in a safe condition and compiles with all relevant safety regulations. We reserve the right to exclude any equipment or property that we deem unsuitable
- nothing shall be undertaken in the premises which involves risk to the premises, participants or property of ours
Fire evacuation and first aid
- the hirer and person in charge must familiarise themselves, and everyone in their care, with the fire procedures and fire exits, details can be obtained from the staff on duty
- it is the responsibility of the hirer to arrange for first aid equipment and personnel for the duration of the hire
- the hirer will be responsible for ensuring that any persons operating the electrical or mechanical equipment are competent to do so and taking full regard to health and safety matters
Performing rights
The hirer accepts the sole responsibility for any productions and performances and therefore relieves the Council from all claims under the Copyright, Designs and Patents Act 1988 and any amendments to the said act.
7. Complaints
We are committed to providing a quality customer service. If something goes wrong, tell us. All queries or suggestions should be emailed to HQOperations@scotborders.gov.uk