Purifier Building : The Arthur Percival Room

TERMS AND CONDITIONS OF USE

These terms and conditions shall apply to all Users of the Arthur Percival Room (“APR”) in the Purifier Building (“PB”).

1. Definitions and Interpretation

1.1        “FCT” means Faversham Creek Trust

1.2        “User” means the person or organisation booking the APR

1.3        “Premises” means the APR and the PB

1.4        “Total Amount Due” means the total amount that the User is required to pay FCT for the hire of the APR

1.5        “Time Stated” – means the Start Time and End Time of the booking as stated at the time of booking and then confirmed by email to the User by FCT

2. Booking 


2.1        The User may only book by email and the booking is only finalised once it is confirmed by FCT and any requested deposit paid

2.2        Applications from persons under the age of 18 will not be accepted

3. Use of Premises 


3.1        The User must not sublet the premises


3.2        The User must not use or allow the premises to be used for any unlawful purpose or in any unlawful way, nor do anything or bring onto the premises anything which may endanger the same


3.3        The premises must only be used for the purpose as stated to FCT at the time of booking 


4. Licences 


4.1        The User shall be responsible for obtaining any licences from third parties required for their use of the APR including, without limitation, obtaining licenses and completing any returns that may be required by the Performing Rights Society and Phonographic Performance Limited, and for obtaining any licence required for the consumption of alcohol, and licenses from any other bodies required in connection with the hiring

4.2        Alcohol may not be sold but may be made available for a donation

4.3        The User shall indemnify FCT against the consequences of the User’s failure to do so 


5. Maximum Capacity 


5.1        The maximum number of people permitted in the APR at any one time are 70 (standing) or 40 (seated)


5.2        Subject to clause 5.1 above, the maximum number of people permitted in the PB at any one time are 80

5.3        The User agrees not to exceed the maximum permitted number of people in the Premises, including the organisers

6. Gaming, Betting and Lotteries

6.1        The User shall ensure that nothing is done on, or in relation to, the Premises in contravention of the law relating to gaming, betting and lotteries 


7. Public Safety Compliance 


7.1        The User shall comply with all conditions and regulations made in respect of the Premises by any public authority including, without limitation, by the Fire Authority or Local Authority or otherwise, particularly in connection with any event which includes music or entertainment

8. Electrical Appliance Safety 


8.1        The User shall ensure that any electrical appliances brought by them or their guests to the Premises and used there shall be safe and in good working order, that they are used in a safe manner and have been tested in accordance with current safety testing requirements

9. Alterations 


9.1        The User must not make any alterations to the Premises without FCT’s prior written consent 


10. Food and Drink

10.1      The User shall if preparing, serving or selling food observe all relevant food and hygiene legislation and regulations

10.2      If the User wishes to use caterers on the Premises during the event the User must ensure that the caterers comply with all health and hygiene legislations and regulations


10.3      The kitchen facility on site is NOT for cooking

10.4      No food may be left in the Premises overnight

11. General Regulations

11.1      No animals are to be brought onto the Premises except guide dogs without FCT’s prior written consent

11.2      The User shall ensure that the following conditions are adhered to in full:

11.2.1        No preparation may be applied to the floors
of the Premises

11.2.2        There shall be no interference with any equipment or other materials in the PB

11.2.3        There shall be no interference with the heating system

11.2.4        No materials, equipment or goods may be left in the Premises without the written consent of FCT. Any contravention of this rule may result in the materials being removed and disposed of. Costs for the removal and disposal will be charged to the User

12. Nuisance 


12.1      The User must not do or allow anyone attending their event to do anything on the Premises which is or may become a nuisance to FCT or to the occupiers of adjoining or neighbouring properties. The User shall be responsible for requiring any person causing such a nuisance to leave the Premises. It is the User’s responsibility to ensure that the minimum of noise is made on arrival and departure 


12.2      All external doors should be kept closed when music is being played to reduce the impact on neighbouring properties

12.3      No music shall be played after 11:00 pm in the Premises

13. Children 


13.1      The User shall ensure that where a hiring involves activities aimed predominantly at children, they have appropriate child protection policies and procedures in place and that they themselves and those persons likely to have contact with children have been subject to adequate enhanced Disclosure and Barring Service checks 


13.2      Where the User wishes to use the Premises for a purpose which involves a regulated activity as described by the Safeguarding of Vulnerable Groups Act 2006, FCT takes no responsibility for the provision of appropriate paperwork. However, FCT reserves the right to review child protection policies and procedures and to impose any additional requirement they consider appropriate in connection with the hiring. If for any reason FCT are not satisfied, then they reserve the right to cancel any hiring and there shall be no liability with regard to the refund of the Total Amount Due (including any deposit paid) 


13.3      No children under the age of 12 are permitted access to the kitchen facilities

14         Sale of Goods

14.1      The User shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales 


15. Unfit for Use 


15.1      FCT may cancel any hiring if the Premises or any related facilities are rendered unfit or become unavailable due to unforeseen circumstances and there shall be no liability to the User other than to refund any of the Total Amount Due (including any deposit paid) for the cancelled hiring 


16. Refusal of Booking 


16.1      The Premises shall not be hired to organisations with racist or extremist policies regardless of the stated reason for hiring the building 


16.2      FCT may cancel any hiring if in its opinion the hiring organisation for which the Premises are hired has racist or extremist policies. In such event FCT shall incur no liability to the User whatsoever, other than the return of any of the Total Amount Due that has been paid by them in respect of such cancelled hiring 


17. End of Hire 


17.1      The User shall ensure that the Premises are vacated at the time specified at time of booking and in any event no later than 12 midnight 


17.2      In the event that the User and/or the User’s party have not vacated the Premises by the End Time FCT shall impose a penalty of 2 x the hourly rate for every part or full un-booked hour thereafter

17.3      If the User allows people to remain in the premises after 12pm (without prior written consent) then a penalty of £50 may be levied at the discretion of FCT

17.4      The User shall be responsible for leaving the APR and the Premises and surrounding area in a clean and tidy condition, and any contents temporarily removed from their usual positions shall be properly replaced. If this condition is not complied with FCT shall at its discretion be entitled to make an additional charge.  In particular:

17.4.1     All crockery that has been used by the User must be washed, dried and put back in the cupboards

17.4.2     The work surfaces must be cleaned, the chopping boards washed and, if not dry, left in the drying rack

17.4.3     When a function is finished, the bar protector must be placed back on the bar top

17.4.4     The User shall provide their own bin bags and remove and dispose of all rubbish occasioned by their use of the Premises

17.5      The User shall be responsible for reporting any damage or faulty equipment to FCT and for the cost of replacing, repairing or otherwise making good any damage arising from the User’s use of the Premises

17.6      The key must be returned to FCT’s nominee as advised to the User or, in the absence of such advice, to the point of collection within 2 hours of stated End Time

18. Payment and Total Amount Due 


18.1      The details of the Total Amount Due are set out in the Invoice sent to the User following completion of the event

18.2      At its discretion FCT may request a deposit of up to 50% in order to secure a booking


18.3      Payment must be received within 30 days of the invoice date, late payment fees may be levied at the discretion of FCT 


19. Insurance

19.1      During the period of hiring, the User shall be responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify FCT from and against any expense, liability, loss, claim or proceedings, including claims for personal injury to, or the death of, any person whatsoever arising out of the course of, or caused as a result of, the hiring except where due to the negligence of FCT or their respective servants or agents

19.2      The User must if required have adequate Public Liability Insurance in place for the use of the Premises. It is the responsibility of the User to ascertain if such insurance is required. FCT have Public Liability Insurance in place and therefore accept no responsibility for any claims pertaining to things not covered by this policy

20. Cancellation

20.1      The User must give FCT at least 7 days’ notice of its wishes to cancel the booking

21. Health & Safety (non-COVID-19)

21.1      The User must report all accidents involving injury to FCT on an accident report form (on the shelf under the “bar”)

21.2      The User acknowledges that they are familiar with the following:

21.2.1     Fire exits and alarm points


21.2.2     Firefighting equipment, evacuation procedures, escape routes and assembly point


21.2.3     Location of First Aid Kit (on the top shelf under the bar)


21.3         In accordance with the Premises’ fire evacuation plan the User is required to

21.3.1     Familiarise all participants with the position of fire alarm points, fire evacuation routes and assembly point

21.3.2     Ensure that all necessary arrangements have been made to evacuate wheelchair bound participants from the 
building or to the fire assembly point

21.3.3     The User must report all fire incidents to FCT

22. Data Protection

22.1         Personal data supplied to FCT will be held on computer and will be used in accordance with the General Data Protection Regulations for statistical analysis, management, planning and in the provision of services by FCT. The User’s data will not be sold or used for any marketing purposes, other than in relation to FCT

23. General Terms

23.1      If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted

23.2      No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act

23.3      This Agreement will be governed by and interpreted in accordance with the laws of England and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement

23.4      FCT reserves the right to change these conditions and the new conditions will be binding on all Users who have future bookings confirmed provided that such new terms are presented to the User. The User may cancel said booking if they feel the new conditions are not reasonable. In this case all monies paid to FCT by the User will be returned and no penalty levied

23.5      This agreement may be executed in counterparts which together shall constitute one and the same instrument.  In addition, a signed copy of this agreement scanned into an image file and transmitted via email shall, for all purposes, be treated as if it were delivered containing the original signature of the party whose signature appears thereon and shall be binding upon such party as if the original signed document had been delivered