SALTMILL ALL WEATHER PITCH BOOKING FORM Saltmill Park, Saltash, Cornwall PL12 6LG Tel. 01752 255608 http://www.saltmill.org.uk/ Contact name: Club / Organisation: Address: Telephone No. – Day: Telephone No. – Evening Telephone No. – Mobile E-Mail Address Booking requirements: AWP (Whole) /AWP (Third)/Floodlights Purpose of hire: Any special requirements? Date(s) booked: Day of week/Date/Time start/Time end e.g. Thursday/7 February 2008/7:00pm/8:00pm Price Guide – rates are per hour or part of hour. Please note that VAT will be charged unless the requirements of section 19 of the terms and conditions are fully complied with. Inc VAT Ex VAT Full Pitch, without floodlights £36.40 £30.98 Full Pitch, with floodlights £46.35 £39.45 Third of a pitch, without floodlights £17.00 £14.47 Third of a pitch, with floodlights £20.00 £17.02 FORMAL DECLARATION TO BE SIGNED BY ALL FACILITY HIRERS I have read, understood and agreed to abide by the terms, conditions and regulations for the hire of the Saltmill AWP and associated facilities. Signed: Date: Printed Name: Position: Conditions of Hire for Saltmill All Weather Pitch (AWP) Groundwork Devon and Cornwall is a Registered Charity no 1008537 1. Definitions The hirer is the person / organisation hiring any part of the AWP or its facilities. No person under 18 years will be accepted as a hirer. The booked period is the time(s) and day(s) which have been reserved for the hirer. "booking" is the reservation of a booked period made in accordance with the terms hereof. 'The facility" shall mean the AWP, its surrounds and adjoining changing facilities. "GWDC" shall mean Groundwork Devon and Cornwall including any of its trading subsidiaries. The “Site Supervisor” is the official duly authorised by the Saltmill Management Committee. “user" means any person using the facility or any of its facilities whether or not any charge has been paid, and includes spectators connected directly or indirectly with the hirer 2. Admissions: The Site Supervisor may refuse the admission of any person and may similarly require any person to leave the facility. 3. Application for Hire Availability of the AWP may be viewed online at http://www.saltmill.org.uk/ Application for hire of the facility shall be made by telephone to (01752) 255608 or by person at the AWP offices located adjacent to the AWP. The booking form must be signed by the hirer or his/her duly authorised agent prior to use of the facility. 4. Charges All charges must be paid in advance of the start of the booked period at the time of booking (or in the case of more than one booked period in advance of the first booked session of the period of hire). Where booked sessions are contiguous and exceed 10 in number, payment will be made in advance for each block of 10 sessions or, if less than 10 after the initial period, in advance of the remaining sessions. In the event of charges not being paid in accordance with these conditions GWDC reserves the right to cancel all further booking periods. 5. Cancellation by the Hirer Cancellation must be made in writing and received within the required notice period. In the event of the hirer cancelling within 48hrs of any booked period, the charge should remain due unless the period is re-let when GWDC may, at its discretion, refund up to 75% of the charge for that period. For a series, or long-term bookings or single "one-off bookings" etc. a £5 charge will be levied for any booking cancelled more than 14 days prior to the first session or event. For cancellation less than 14 days prior to the first session, the full charge may be levied at the discretion of the Saltmill Management Committee, depending on the reasons for cancellation. 6. Cancellations by Groundwork Devon and Cornwall GWDC reserves the right to refuse any application or to cancel or terminate any booking for any reason whatsoever, without being bound to give any reason for doing so. GWDC will not, as a result of the exercise of this right, incur any liability for the breach of contract or otherwise, or be held liable for the breach of contract or otherwise, or be held liable for any expenses incurred by the hirer, either directly or indirectly from such refusal, cancellation or breach. All monies paid (or an apportioned part) in respect of a booking cancelled or terminated in accordance with this condition will be refunded, but GWDC will not be liable for any other expenditure incurred, or loss sustained directly or indirectly by the hirer arising from the cancellation. For the avoidance of doubt this includes without limitation cancellation by GWDC in the event of severe adverse weather that renders the pitch unsafe or unplayable. This decision to cancel due to severe adverse weather conditions remains with GWDC. If a hirer chooses to cancel a booking due to inclement weather (for example rain) then the usual cancellation fees apply. 7. Assignment of contract The hirer shall not sub-let or assign, share or hold in trust, any interest that they may have in any agreement for using any part of the facility without previous consent in writing of the Saltmill Management Committee. 8. Access GWDC or its appointed representative, in the course of its/his/her duty shall at all times have free access to all parts of the facility and is empowered to enforce such regulations for the control of persons using the facility as shall be in force at the time or as shall seem reasonable to GWDC or its appointed representative in the circumstances at the time. 9. Employment The hirer shall employ sufficient stewards and supervisors to maintain good order during the booked period so as to protect the users, content and fabric of the facility. 10. Licensing & Safety: The hirer must at all times adhere to all insurance and licensing regulations relevant to their booking and all Health & Safety regulations including all safety instructions issued by GWDC. The hirer shall arrange to conform to all the statutory regulations and conditions including without limitation any planning conditions that may apply to his/her use of the facility and shall take all the necessary precautions to protect the safety and well being of his/her users and other users of the facility. 11. Insurance GWDC may require the hirer to take out and confirm insurance cover against such risks as may be required by the conditions of hire. A copy of the insurance certificate and terms and conditions may be required. 12. Advertising The hirer must receive written confirmation/approval in advance from the Chairman of the Saltmill Management Committee for any advertisement, publicity or demonstration which he/she may wish to display. 13. Photography: The hirer or user shall not, without prior written consent from the Site Supervisor, use any photographic equipment whilst in the facility. 14. Nuisance The hirer shall be responsible for ensuring that throughout the booking no nuisance or annoyance is caused to any neighbouring resident or any person otherwise using any other facility nearby or adjacent or neighbouring areas. In the event that this condition is breached, GWDC reserves the right to terminate the booking immediately and any subsequent bookings on behalf of the hirer will be reviewed. If the booking is terminated the hirer will not be entitled to any refund of monies under condition 5 above and should subsequent bookings by the same hirer be cancelled because of the breach, GWDC reserves the right to deduct its administration costs from any monies paid in respect of those bookings. 15. Alterations The hirer shall not cause, permit or suffer an alteration, modification or fixing to be occasioned at the facility or bring into the facility any apparatus, equipment, furniture, appliance or fixtures or fittings without prior approval in writing of GWDC. The hirer shall not interfere with or permit or suffer any person to interfere with any gas, water or electrical supply or connection. 16. Damage Caused The hirer shall ensure that, during the booked period all users wear appropriate footwear suitable for the AWP surface, and which have non-marking soles. Under no circumstances is studded footwear to be used. The hirer shall ensure that the facility and any equipment used is left in a safe, tidy and orderly condition by the end of the period of use. The hirer shall be responsible for any damage (except damage from fair wear and tear) done or occasioned to the facility or to the fixtures, fittings, apparatus, equipment, furniture or other contents thereof, by him/her or by any person participating jointly with him/her in the use of the facility or premises or by any person in his/her party or under his/her care or control, the amount of such damage to be certified by the Saltmill Management Committee whose decision shall be final. 17. Limitation of liability 17.1 GWDC is responsible to the hirer for the proper performance of its obligations under this contract irrespective of whether those obligations are provided directly by GWDC, or by third parties engaged by GWDC acting within the proper course of their employment. GWDC is liable to the hirer for any damage caused by GWDC's failure to perform the contract or GWDC's improper performance of the contract unless that failure is: 17.1.1 attributable to the hirer, or 17.1.2 attributable to a third party unconnected with the provision of the services and/or is not reasonably foreseeable or avoidable, or 17.1.3 due to unusual and not reasonably foreseeable circumstances beyond the control of GWDC and/or could not have been avoided even if all due care had been taken, or 17 1.4 due to an event which even with all due care GWDC could not foresee. 17.2 Except in instances of personal injury or death resulting from the negligence of GWDC the maximum amount of any damages, compensation and loss, whether direct or consequential recoverable from GWDC arising from any breach of contract or tortuous act will be limited to the amount of the charges paid for the booking. 17,3 Each of the limitations and/or exclusions in this clause shall constitute an entirely separate and independent limitation and/or exclusion and the hirer agrees and acknowledges that the limitations and/or exclusions contained in this clause are reasonable but, in the event that any such limitations and/or exclusions shall be found to be void or unenforceable but would be valid and effective if some part or parts thereof were deleted, such limitation and/or exclusion shall apply with such deletion as may be necessary to make it valid and effective and enforceable. 18. Indemnity The hirer shall indemnify GWDC against all claims, demands, actions, costs or proceedings which may be made or brought against it or suffered by it as a result whether directly or indirectly of the granting to the hirer the use of the facility. 19. VAT. The prices shown on the booking form are INCLUSIVE OF VAT. VAT will be added at the prevailing rate to all hirings. Exemption from VAT can only be claimed when: 19.1 The hirer is a school, club or sports association and 19.2 The booking is for a series of 10 or more sessions and 19.3 The interval between each session is a minimum of 1 day and a maximum of 4 days and 19.4 The whole series is booked and paid for at the same time. 20. Damage or loss of Property GWDC does not accept responsibility or liability for damage to, or loss of, any property or articles or things whatsoever placed or left in or at the facility or any part thereof by the hirer or user. Upon completion of the AWP Booking Form, the hirer will be provided with a changing room key. A deposit for the key will be required. This will be returned to the hirer upon the safe return of the key. An acceptable deposit would be £5 in cash or a set of car keys. 21. Disputes: In the event of any disputes the Saltmill Management Committee's decision shall be final and binding.