Hirer’s Terms and Conditions
These Terms and Conditions shall apply to the hire of 861 London Road, Westcliff On Sea, Essex, SS0 9SZ (“the Venue”) from Do It Like A Mother LTD (“the Company”) by Hirers who are hiring the Venue for business purposes.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
An Event/Class/Workshop that is booked as needed with no
regularity per week or month.
means the arrangement of the hire of the Venue including, but not limited to, setting the dates for the Hire Term, agreeing the Hire Fees, specifying the nature of the Event/Class/Workshop and setting out any additional requirements the Hirer may have;
means the agreement entered into once submitted by the Hirer and the Company incorporating these Terms and Conditions which shall govern the hire of the Venue;
means the class, workshop or event which the Hirer intends to host at the Venue subject to these Terms and Conditions;
means the Hirer who is hiring the Venue subject to these Terms and Conditions including “Mothers”;
means the agreement entered into by the Hirer and the Company incorporating these Terms and Conditions and Booking Form which shall govern the hire of the Venue;
means the sum payable by the Hirer for the hire of the Venue as
determined under Clause 4 of these Terms and Conditions and detailed in the Booking Form;
means the total duration of the Venue hire as defined in Clause 3 of these Terms and Conditions and detailed in the Booking Form;
Do It Like A Mother consultants under THE MOTHERSHIP; and
An Event/Class/Workshop that is booked on a weekly or monthly basis.
2.1 At the time of making a Booking the Hirer shall set out, in detail, the planned Event/Class/Workshop. The Company shall provide an online booking form to the Hirer which shall provide prompts for all required information.
2.2 When making the Booking the Hirer shall provide the date and duration of the Event/Class/Workshop. The Company shall use all reasonable endeavours to satisfy the Hirer’s requirements. If the requested dates are not available, the Company shall offer the nearest available dates.
2.3 Once the Booking is made the Venue shall be reserved for the Hirer for the agreed Hire Term subject to these Terms and Conditions.
3. HIRE TERM
3.1 The Venue may be booked for a minimum of an hour.
3.2 The Hire Term of the Event/Class/Workshop shall be agreed at the time of Booking and may only be subsequently varied by the Hirer giving written notice to the Company not less than 3 working days prior to the start of the Hire Term. The Company shall use all reasonable endeavours to satisfy the Hirer’s requirements but any variation of the Hire Term cannot be guaranteed.
3.3 The agreed Hire Term will be set out in the accepted Booking form.
4. FEES AND PAYMENT
4.1 The Hire Fees as set out in Schedule B will be determined by reference to the length of the Hire Term, calculated based on an hourly rate, and any additional items which may be included in the Venue hire, as set out in the booking form, subject to these Terms and Conditions.
4.2 All payments required to be made in accordance with the Booking Form by either Party shall be made, by credit card, debit card or BACS, within the first week of the month of the hire of the relevant invoice in GBP in cleared funds to such bank as the other Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
4.3 The Company may cancel the Event/Class/Workshop if advance payment has not been received in full before the commencement of the Event/Class/Workshop.
5. Cancellation by Hirer
5.1 The Hirer is required to provide the company with a minimum of 2 weeks’ notice to cancel this Agreement for Ad-hoc and Regular Bookings.
5.2 If the Hirer does not provide the minimum 2-week notice period, such cancellation shall be in breach of this Agreement and the following shall apply:
- If the Hirer cancels the Booking more than 2 weeks ahead of the start of the Hire Term the Company shall issue a full refund of all sums paid.
- If the Hirer cancels the Booking less than 2 weeks but more than 1 weeks ahead of the start of the Hire Term the Company shall issue a refund of all sums paid, excluding a £12 admin fee or 50% of the cancelled Booking hire whichever is less.
- If the Hirer cancels the Booking less than 1 weeks but more than 24 hours ahead of the start of the Hire Term the Company shall issue a refund of all sums paid, excluding a £12 admin fee or 50% of the cancelled Booking whichever is more.
- If the Hirer cancels the Booking less than 24 hours ahead of the start of the Hire Term the Company shall retain all sums paid and any outstanding Hire Fees shall become immediately due and payable. No refund shall be issued.
- If the Customer does not cancel the Booking but fails to attend at the time of the Hire Term the Company shall retain all sums paid.
5.3 Where a refund is due under this Agreement it shall be paid in the same way in which the Hirer originally paid within 5 to 7 Business Days of the event triggering such refund.
6. Cancellation by the Company
6.1 Subject to the following provisions of this Clause 6, where there is a cancellation under this Clause 6, the Company will return to the Hirer all amounts previously paid by the Hirer under this Agreement, the return of those payments shall be without any deduction by the Owner, and it shall be without any further or other liability of the Company to the Hirer.
6.2 The Company 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:
- make the Premises available for a single booked Event/Class/Workshop; or
- where there is block booking of an Event/Class/Workshop, make the Premises available for one or more or all of those booked Sessions.
7. Conditions to be observed by the Hirer
The Hirer undertakes to observe and perform the provisions set out in Schedule C and to ensure that all persons attending or using the Premises also do so. In Schedule C “Hirer” includes all of those persons.
8.1 The Company shall provide the following facilities as standard at no additional cost:
- Wireless internet access
- Use of crockery and glasses where available
- Tea and coffee facilities
8.2 Additional items may be available at an additional cost, and can be requested at the time of booking, such cost will be reflected in the Hire Fees:
8.3 If the Hirer requires the use of any additional items these shall be specified at the time of Booking or as soon as possible thereafter. The Company cannot guarantee the availability of such facilities if booked less than 4 weeks prior to the start of the Hire Term.
9.1 Unless otherwise stated in the Hire Agreement the use of all utilities including electricity and water shall be included in the Hire Fees. No additional charges shall be levied.
9.2 If, in the Company’s judgement, the Hirer is likely to use an abnormally high amount of electricity or water during the Hire Term it shall have the option of metering the Hirer’s use of the relevant utilities and charging a separate fee therefor. The Hirer shall be informed of any such decision at the time of making the Booking or not more than 7 working days thereafter.
10. Use of the Venue
10.1 If any additional equipment is supplied and used by the Hirer for the Event/Class/Workshop, such equipment may only be used in such a way which does not require any destructive fixing to the structure of the Venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.
10.2 The Hirer shall bear the costs of making good any damage to the Venue caused as a result of the Event/Class/Workshop including, but not limited to, any damage done as a result of violation sub-Clause 10.1.
10.3 The Hirer may not, at any time, have gas cylinders in the Venue or any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous without the prior written permission of the Company, such permission to be sought at least 15 working days prior to the start of the Hire Term.
10.4 The Hirer may not, at any time, allow live animals into the Venue without the prior written permission of the Company, such permission to be sought at least 25 working days prior to the start of the Hire Term. This prohibition does not include guide dogs for the blind which shall be permitted at all times.
10.5 Except where it is permitted under the provisions of the Hypnotism Act 1952 the Hirer shall not permit any hypnosis to take place during the Event/Class/Workshop.
10.6 The Hirer may not at any time use candles or other lighted flames inside the Venue without the prior written permission of the Company.
11. Advertising and Promotion
11.1 The Hirer shall be responsible for advertising and promoting their Event/Class/Workshop.
11.2 The Company shall provide the following marketing as standard at no additional cost for each Event/Class/Workshops booked with at least 2 weeks’ notice:
- Inclusion in the monthly newsletter
- Inclusion in the weekly coming up social media posts and any printed marketing materials that are deemed suitable
- Promotion on the Company social media channels and social media groups when deemed suitable and at their discretion
12 Health and Safety
- Ensuring only clients who have booked prior to the start of the class attend the class/workshop/event.
- Ensuring the Company are provided with the names and contact details (phone and email) of all clients attending each class/workshop/event as requested.
- Ensure a register as defined by clause 12.4 is completed and submitted for each class/workshop/event.
- Ensure each class/workshop/event will have no more than the maximum number of people in attendance as outlined by the COVID-19 secure policy and all social distancing guidelines are adhered to.
- The Hirer shall wash or sanitise their hands on entering the building and use the PPE provided as set out in the COVID-19 Secure policy.
- The Hirer shall ensure their clients wash or sanitise their hands on entering the building and use the PPE provided as set out in the COVID-19 Secure policy.
- The Hirer shall ensure they are COVID-19 Secure compliant and all equipment used has been sanitised before and after each use
- The Hirer shall ensure that clients bring your own equipment if required for the class (including mats, towels, blankets, toys) but shall ensure that items are not shared with participants if they are not from the same household.
- Develop symptoms compatible with Coronavirus (COVID-19) – a new and continuous cough, high temperature, a loss or change in your sense of smell or taste.
- If they have come into contact with anyone who has tested positive for or shown symptoms of COVID-19 in the 14 days prior to their class/workshop/event.
13 Good Order and Nuisance
13.1 The Hirer shall be required to keep all guests under a reasonable level of control. This obligation shall extend to noise levels, general behaviour and sobriety. This obligation shall also apply to the Hirer’s staff, performers, exhibitors, Hired Personnel and any other individuals that are in attendance for the purposes of the Event/Class/Workshop and not under the control of the Company.
13.2 Noise must be kept to a reasonable level at all times.
13.3 No amplified music is to be used at any time.
14.1 The Venue does not hold a PRS licence. The Hirer must meet all music licensing requirements to play music at their Event/Class/Workshop.
14.2 The Venue does not hold a PPL licence. The Hirer must meet all music licensing requirements to play music at their Event/Class/Workshop.
15 Removal following Event/Class/Workshop
Unless otherwise agreed the Hirer shall be required to vacate the Venue 15 minutes after their Hire Term, leaving the Venue as it was found unless given express permission otherwise.
16.1 The Company has in place insurance cover for the Venue and all other property of the Company which is in the Venue either permanently or only for the duration of the Hire Term.
16.2 The Hirer shall be responsible for securing adequate insurance cover for any additional items that they bring to the Venue. The Company’s insurance shall not cover the Hirer’s property nor that of any third parties.
16.3 The Hirer shall be required to take out a public liability insurance policy with a minimum indemnity of £5 million which shall cover the Hirer, the Company and any contractors used by the Hirer with regard to claims, proceedings, costs, charges and expenses associated with damage to or loss of property or injury to any person which may occur while the Hirer, its employees, contractors or guests are present at the Venue during the Hire Term.
16.4 The Hirer shall be responsible for ensuring coverage by their insurer for operation during the COVID-19 pandemic and until a time that they are informed otherwise by the Company.
16.5 The Hirer shall produce evidence to the Company of any and all insurance required under this Clause 16 before the start of the Hire Term.
17 Liability and Indemnity
17.1 The Hirer is solely:
- responsible to ensure that all of the Premises and other facilities and access to and exit from them are safe, suitable, and adequate for the Purpose of Hire; and
- responsible and liable for any lack of safety or unsuitability or inadequacy of, any of the Premises or other facilities or access to or exit from any of them
17.2 The Company accepts no responsibility or liability for loss of or damage to any items brought into or left or stored in any part/s of the Premises by the Hirer;
17.3 The Hirer hereby agrees to be liable for and indemnify and keep indemnified the Company from and against all actions, claims, demands, costs, expenses, liabilities, loss, delay, damages or other financial detriment, brought, made or awarded against or incurred by the Company (directly or indirectly) arising from:
- any damage caused to any part/s of the Venue by the Hirer;
- any loss of or damage caused by the Hirer to any property of the Company in any part/s of the Premises;
- any loss of or damage to any items brought into or left or stored in any part/s of the Premises by the Hirer;
- any breach or non-performance of this Agreement or any negligent or other act or omission or default or breach of statutory duty by the Hirer;
- any personal injury to or death of any person who is in or about any part/s of the Premises for the Purpose of Hire, except where caused by the negligence of The Company or any person for whom it is responsible;
17.4 In Sub-Clauses 16.1 and 16.4, “Hirer” includes those acting on its behalf (including employees, contractors, volunteers or agents), or others attending or involved in any Session
18 Force Majeure
No Party to the Hire Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other Event/Class/Workshop that is beyond the control of the Party in question.
SCHEDULE B – Hire Rate
Hire Rates for the Premises
Monday –Friday: £18 per hour for the first hour inclusive of 15 minutes set up and vacation period either side of the booking, then £14 an hour thereafter.
Saturday – Sunday: £18 per hour for the first hour inclusive of 15 minutes set up and vacation period either side of the booking, then £14 an hour thereafter.
These rates do not apply to hirers who are “Mothers” working under the DILAM brand.
Hire rates will increase from 1st July 2021 in line with the relaxing of restrictions of numbers due to the COVID-19 Pandemic. The new rates will be:
Monday –Friday: £22 per hour for the first hour inclusive of 15 minutes set up and vacation period either side of the booking, then £17 an hour thereafter.
Saturday – Sunday: £22 per hour for the first hour inclusive of 15 minutes set up and vacation period either side of the booking, then £17 an hour thereafter.
These rates do not apply to hirers who are “Mothers” working under the DILAM brand.
SCHEDULE C - Conditions to be met by Hirer
The Hirer will NOT:
- use the Premises otherwise than for the Purpose of Hire;
- sublet or share occupation or use of any or all of the Premises;
- use the Premises for any unlawful purpose or in any unlawful way;
- use the Premises for any immoral purpose or in any immoral way;
- use the Premises in any way which could damage the reputation of the Company;
- place any signs in, at, or on the Premises without the prior written consent of the Company;
- use any electrical equipment in the Premises without the prior consent of the Company
- 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 the Premises and will not install in or at the Premises any of the foregoing items;
- drive any nail, screw or other fixing or fastening into any wall, floor, or furniture of the Premises or use any adhesive tape, glue or blue tack or equivalent on or in the Premises without the prior consent of the Company;
- bring to or into the Premises any source of electrical power or energy or any form of heating;
- cause or allow any naked flame, candle or incense sticks to be used in or at the Premises without prior consent of the Company;
- allow any smoking in or at the Premises;
- bring to or into the Premises or consume in or at the Premises any alcoholic beverage without prior consent of the Company;
- cause or allow anything in or at the Premises giving rise to a health or safety risk;
- cause any nuisance, disturbance, annoyance or inconvenience to the Company or to the owners, occupiers or users of any neighbouring premises;
- cause or allow any obstruction to any access into or exit from the Premises;
- cause or allow any damage to the Premises;
- cause or allow any damage to any of Owner’s equipment or property in or at the Premises;
- for health and safety reasons, permit more than a maximum of 50 persons to be present in or at the Premises at any one time during the day;
- due to noise and disturbance of residence above and besides the Venue, permit more than a maximum of 15 persons to be present in or at the Premises at any one time from 6pm onwards;
- sell any books or literature or anything else in or at the Premises without the Owner’s prior consent;
- hold any raffle or other form of lottery in or at the Premises without the Owner’s prior consent and any necessary license;
- make any audio or video recording in or at the Premises or broadcast from the Premises without the Owner’s prior consent;
The Hirer will:
- keep the Premises clean and tidy, and return, stack/store safely and neatly all of the Owner’s chairs, tables and other unfixed furniture and equipment to the Owner’s storage location/s in or at the Premises;
- remove from the Premises any rubbish left including used nappies;
- remove from the Premises any equipment or other items brought in by the Hirer;
- make good any damage caused to the Premises or to anything in the Premises;
- 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 Owner on request;
- comply in relation to the Premises with the fire and safety regulations a copy of which the Hirer will receive from the Company;
- 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;
- ensure that a competent responsible person authorised by the Hirer to act on its behalf is present at the Premises throughout each Session and provides overall supervision of each Session;
- provide sufficient staff or others for the running, stewarding, overall supervision and any necessary further supervision of each Session;
- where the Hirer is not an individual, be responsible for any failure by the individual who the Hirer appoints as overall supervisor;
- be responsible for the care and safeguarding of any children or vulnerable adults attending for or in connection with a Session;
- ensure that the Premises are safe for the Purpose of Hire;
- ensure that those attending the Premises for the Purpose of Hire leave in an orderly manner;
- at the end of each Session, switch off all lighting, turn off all heaters and turn off hot water under the kitchen sink, turn off and unplug the Urn, shut all windows, and lock all doors, including the kitchen door, ensuring it is bolted and return keys to the Company or its representative where applicable as instructed by the Company;
- comply with the Companies 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;
- Comply with all the Covid-19 Secure policy set out by the Company;