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General conditions of hire

 
Please ensure you have thoroughly read all the terms and conditions of hire (outlined below) before returning a completed signed copy and making any payment.
 
1.       Definitions of Hire
2.       General Conditions
3.       Care of Premises
4.       Cancellation
5.       No Smoking Policy
6.       Compliance with Conditions
 
 
I.          DEFINITIONS
 
In these conditions of hire:
 
 “The hirer” means the person signing the Premises Hire Agreement. Where an organisation / person is named in the contract that organisation /person shall also be considered the hirer and shall be jointly and severally liable with the person who signed the contract.
 
“The premises” means the building or part of the building hired and referred to in the contract.
 
“The period of hire” means the time or times for hiring appearing under the heading “Dates and Times Required” in the contract.
 
"The Hire Charge" means the current rate payable for hiring the premises.
 
“The Manager” means The Rooms Above Manager on duty during the period of hire
 
The masculine shall include the feminine and the singular the plural.
 
II.       GENERAL CONDITIONS
 
1.         Applications to hire the premises must be in writing either by e-mail or letter.
 
Details of the charges are to be found using The Rooms Above home web location.  Failure to do so may only delay any decision on the application and/or the proposed availability of premises on date of hire.  Provisional bookings made over the telephone, e-mail or via the web etc. will be held for a period not exceeding 72 hours.  The provisional booking will be cancelled after that date if the official forms have not been signed and a 50% deposit paid.
 
2.             An application shall normally be made not less than 12 hours before the proposed date of hire.  Bookings may be made less than 12 hours subject to room availability in which case all costs (100%) for hire will be payable at the time of booking and signing the terms and conditions of hire document.
 
3.             A deposit of 50% or full payment of the hire fee/charge must be paid to confirm your booking (except for hirers booking locations for a regular evening over a longer period, when an appropriate monthly Flex Licence payment will be accepted).  All cheques need to be made payable to The Rooms Above.
 
Further, if Hirer has their own Public Liability Insurance, then current copy details of the Insurance cover to the sum of £5 million per claim or series of connected claims must be supplied at the same time.  If it is not appropriate to have Public Liability Insurance, the hirer will be charged 10% of the hiring charge to be included on The Rooms Above’s own Hirer’s Liability Policy for the event.
 
5.             The hirer must pay all charges for single bookings, not less than 24 hours before the proposed date of hire.  Failing receipt of this any provisional booking will be cancelled.
 
6.             Applications for hire based upon these terms and conditions will only be accepted for a maximum rental period of one financial year (between the 1 April in the year of application and 31 March the following year).
 
7.             Rental charges to be reviewed after 6 months from date of initial hire.
 
III.      CARE OF PREMISES
 
1.1    The Hirer by signing the contract accepts the conditions of Hire and shall be liable for the hire, the hire charge and any fees, expenses or liabilities specified in the contract.
 
1.2    The Hirer shall not assign or sublet the premises, or permit the premises to be used, for any purpose other than for the purpose or purposes specified in the contract.
 
2.      The hirer shall take good care of and shall not cause any damage or permit any damage to be done to the premises or any part of the premises or the fixtures, fittings and equipment on the premises or to any part of the building of which the premises form part or any other building or structure within the building, and any damage caused or permitted by the hirer, his servants, agents, contractors or any other person resorting to the premises by reason of his hire of them shall be made good by The Rooms Above at the cost to the hirer.  The hirer shall inform the Room Manager of any such damage as soon as practical and the hirer shall confirm it in writing within twenty-four hours of its discovery.  The cost of such damage shall be certified by the Room Manager whose decision shall be final.
 
3.1    The hirer shall be liable for and shall indemnify The Rooms Above against all actions, proceedings, claims, damages, charges, costs, expenses whatsoever brought or made against The Rooms Above in respect of any damage, theft or loss of any property, goods, articles or things whatsoever placed, deposited, brought into or left upon the premises or other part of the building of which the premises forms a part either by the hirer for his use or by any other person using to the premises by reason of his hire unless due to the negligence of The Rooms Above, their servants or agents.
 
3.2    The Rooms Above shall not be liable for any loss due to any industrial action, breakdown of machinery, failure of supply of electricity, leakage of water, fire, Government restrictions or act of God which may cause the premises or any part thereof to be temporarily closed or the hiring to be interrupted or cancelled nor for any failure of the hirer to gain access to the premises unless due to negligence of The Rooms Above, their servants or agents.
 
4.      The hirer shall be liable for, and shall indemnify The Rooms Above at £5 million per claim or series of connected claims, against all actions, proceedings, claims, damages, damage to their property, charges, costs, expenses whatsoever brought or made against The Rooms Above in respect of any personal injury to or death of any person or loss whomsoever arising out of or in the course of the hire of the premises by the hirer unless due to the negligence of The Rooms Above, their servants or agents.
 
5.      The Manager on duty at any time during the hire period can refuse the right of entry to guests invited to the function by the hirer whose behaviour is considered by the Room Manager to be unacceptable (e.g. excessively under the influence of alcohol; drugs; violent)
 
6.      The hirer, his servants, agents and contractors shall during the period of hire and during such other times as they or any of them shall be in the premises for the purpose of the hiring comply with all requirements of the Room Manager.
 
7.      (1)          The hirer shall, during the period of hire and until the premises are cleared by him, his servants, agents, contractors and/or anyone else on the premises due to the hire, be responsible for:-
 
(a)          The efficient supervision of the premises including the effective control of children (in accordance with section 12 of Children and Young Persons Act 1933), the orderly and safe admission and departure of persons to and from the premises and assisting the Room Manager in the orderly and safe clearance of the premises in case of emergency;
 
(b)     Keeping the premises safe and ensuring good order.
 
(c)     Keeping the conditions imposed from time to time by the Fire Officer and ensuring that all doors giving exit from the premises shall be kept unlocked and unobstructed and immediately available for exit during the whole time the premises are in use and no obstruction shall be placed or allowed to remain in any corridor giving access to the premises.  The hirer is responsible for clearing all rubbish away at the end of the hire from the room hired.
 
(d)     Not exceeding the maximum capacity of the premises (maximum persons)
 
Room 1: x 40
Room 2: x 30
Room 3: x 20
Room 4: x 6
Room 5: x 6
Total persons = 106 (maximum premises room capacity)
 
          (2)          The hirer shall provide as many attendants and stewards as the Room Manager require to fulfil the obligations set out in Clause 7 (1).
 
          (3)          The hirer may be asked to employ a security company for the period of hire, which must be a company approved by The Rooms Above.  Any security staff deployed during the period of hire must respond directly to the Room Manager on duty.
 
          (4)          If you fail, in the opinion of the Room Manager, to comply with clauses 7(1) and 7(2) he shall be permitted to suspend or terminate the function carried out on the hired premises and arrange immediate clearance of the premises. The Rooms Above will not be liable for any damages arising from the termination or suspension unless arising directly from The Rooms Above’s negligence.
 
8.      (1)          No animal other than a guide dog in the charge of a blind person, may be brought onto the premises or into the building of which the premises form part without the prior written consent of the Room Manager.
 
9.      The hirer and his servants, agents, contractors and others allowed on the premises by reason of its hire shall leave the premises upon the expiry of the hire period.   If they have not the hirer will be required to pay to The Rooms Above a surcharge amounting to The Rooms Above’s normal hire charge for the premises until the premises have been cleared.
 
10.    No alteration or additions to the premises, the fixtures, fittings, scenery and/or equipment or the decorations at the premises shall be carried out without the prior written consent of the Room Manager and such consent may provide pre-conditions and instructions.
 
11.    No nail or fixing of any kind including Blu-Tack and Sellotape types of fixtures shall be driven or put on any wall, floor, partition, pillar, ceiling, fitting or furniture of any kind without prior written consent of the Room Manager.  No chalk, resin or polishing materials may be used on floors.
 
12.    The use of any equipment provided by The Rooms Above is at the risk of the hirer and The Rooms Above will accept no liability or responsibility for it unless it is due solely to the negligence of The Rooms Above or their servants or agents.
 
13.    The hirer shall be wholly liable and responsible for any loss or damage to the premises or any part of it or its fixtures or fittings or to any of The Rooms Above’s equipment used by him or by persons permitted on the premises by reason of his hire.
 
14.    No furniture or fittings or equipment shall be moved or removed without the prior written consent of the Room Manager and the hirer must comply with all directions of the Room Manager with regards to seating arrangements in the premises.
 
15.    The hirer shall not permit, encourage or arrange for fly posting or other illegal advertisements in connection with the hiring of the premises.  If fly posting takes place the hirer may be refused bookings of any land or premises under the control of The Rooms Above.
 
16.             No bills, placards, posters or notices of any description shall be posted on or against any part of the exterior of the premises or inside the premises except with the prior written consent of the Room Manager.
 
17   
(1)        The hirer shall not bring or permit to be brought on to the premises any weapons, explosives, inflammable material or pyrotechnics nor use or permit the use of any naked lights in any part of the premises.
 
(2)          The hirer shall not bring or permit to be brought onto the premises any electrical appliance, electrical public address systems, or additional lighting effect without the prior written consent of the Room Manager who may as a condition of his consent require that before any such electrical appliance and/or additional lighting effect is used it shall be inspected and approved by a competent electrical engineer nominated by him.  In addition, if required by the Room Manager the hirer shall install a special and separate meter to measure the additional electricity used by the hirer during the period of hire.  The hirer shall pay for the additional electricity used, shown by the separate meter.
 
18.    The hirer shall not be entitled to grant sound, television broadcasting or filming rights without the prior written consent of the Room Manager.
 
19.    When the premises are let for the purpose of a bazaar, exhibition, show or sale of work or other similar function the fixing of stalls and all arrangements in connection with the fittings up of the same shall not take place until the Room Manager has approved plans submitted by the hirer in advance.
 
20.    The Rooms Above will, at their own expense, provide for the normal heating and normal lighting of the premises (but not further or otherwise) but shall not be responsible for any failure thereof or defect to the heating and/or lighting or loss or damage resulting there from unless due solely to their negligence or the negligence of their servants or agents.
 
21.    All furniture, apparatus, appliances, equipment and other supplies brought or sent to the premises by or on behalf of the hirer shall be unloaded, placed in position and removed by the hirer at such time or times as the Room Manager may direct.
 
22.     The hirer shall not give or permit to be given any cinematograph show on the premises unless non-flammable films are used.  Where blackout facilities for the premises are not available the hirer shall make his own arrangements for the blackout of the premises in connection with a cinematography show on the premises and shall carry out such directions in connection therewith as the Room Manager shall give.
 
23.    The hirer shall be responsible for the payment of all fees arising out of and shall make all arrangements for the use of playing of music (regardless of source) or recordings of any description on the premises and shall indemnify The Rooms Above against all costs, damages, expenses, actions and proceedings arising out of the use of playing music and/or breach of copyright.
 
23.   The hirer shall observe and comply with the terms, conditions, restrictions and requirements of any Act of Parliament.  Statutory Instrument, Regulations or Licence under which the premises or any part thereof may be used and shall not do or permit to be done or permitted in or about the premises any act or thing whereby such Act of Parliament, Statutory Instrument, Regulations or Licence may be infringed or such Licence may be liable to be suspended or forfeited or the renewal or transfer thereof refused or endangered and shall indemnify The Rooms Above and any person in whose name any Licence may be held on their behalf against any loss of revenue, benefits, damages, costs and expenses that may be incurred by them or him owing to the breach, non-observance or non-performance of any such terms and conditions and restrictions and requirements aforesaid.
 
IV      CANCELLATION     
 
1.      The hirer by notice in writing to the Room Manager may cancel his contract to hire the premises at any time up to 24 hours prior to the date of the period of hire and thereupon The Rooms Above shall refund to the hirer all monies paid by him to The Rooms Above, and all monies payable for the hiring but unpaid at the time of the cancellation shall cease to be payable.
 
2.     In the event of the hirer cancelling his agreement in writing to hire the premises within 24 hours of the date of the period of hire, The Rooms Above shall refund to the hirer 25% of all monies paid by him to The Rooms Above, and all monies payable for the hiring but unpaid at the time of the cancellation shall cease to be payable.
 
3.     In the event of the hirer cancelling his agreement in writing to hire the premises within less than 12 hours or failing to take up any period of hire The Rooms Above shall be entitled to retain 100% of all monies paid in respect of such period of hire and all unpaid monies for the period of hire shall remain payable to The Rooms Above.
 
3.         The Rooms Above may through their Room Manager cancel the hiring at any time.  If so, The Rooms Above shall refund to the hirer all monies paid by him to The Rooms Above.  All monies payable for the period of the hire unpaid at the time of cancellation shall cease to be payable, unless the cancellation is due to some act or default of the hirer provided always that The Rooms Above shall not be liable to pay any compensation to the hirer in respect of such cancellation.
 
V.      NO SMOKING POLICY
 
1.     The Rooms Above operates a no-smoking policy throughout its buildings including all corridors, toilets, stairways and entrances.
 
3.         Guests will be asked to vacate the premises during a function if behaviour is considered by the Room Manager to be unacceptable.
 
 
 
 
 
VI      COMPLIANCE WITH CONDITIONS
 
Failure by the hirer to comply with any or all of the above conditions may be deemed by The Rooms Above to be just cause for the immediate cancellation of any Hire or series of Hires.  In such an event no refund of monies paid by the hirer will be made.
 
 
The Rooms Above Contact Details
Company Name: The Rooms Above is trading as West Heath Facilities Limited
Proprietor: West Heath Facilities Ltd.
Registered Office: 35 Woodville Road, London NW11 9TP
Registered in England & Wales No. 05348643
 
Address:                                   West Heath Yard, 174 Mill Lane, London, NW6 1TB
Web:                                        www.theroomsabove.org.uk
E-mail:                                      info@theroomsabove.org.uk
Telephone:                                Tel:  020 3503 0038
 
 
I sign below to confirm that I have read and understood the terms and conditions of hiring a space at The Rooms Above.
 
 
 
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