COMMUNITY FACILITIES – CONDITIONS OF HIRE

These Conditions of Hire apply to all bookings and use of facilities operated by Forres Area Community Trust (“FACT”), a Scottish charity. By confirming a booking, the Hirer agrees to be bound by these Conditions in full.

For the purposes of these Conditions: – “FACT” means Forres Area Community Trust, its Trustees, employees, volunteers, and authorised representatives. – “Hirer” means the individual or organisation named on the booking confirmation and includes their employees, agents, contractors, guests, and attendees. – “Premises” means any building, room, hall, or space managed by FACT.

1. APPLICATION FOR HIRE

1.1 All applications for hire of FACT facilities must be made via the approved booking system (Hallmaster) or other method specified by FACT.

1.2 Submission of a booking request does not constitute acceptance. A booking is only confirmed once written confirmation has been issued by FACT.

1.3 The Hirer must be aged 18 years or over and may be required to provide proof of identity.

1.4 Bookings are valid only for the dates, times, and areas specified in the confirmation. Hirers must include adequate time for setup, clearing, and cleaning within their booking period. All bookings automatically include a free-of-charge 15-minute buffer at the beginning and end of the booking time, to allow for setup and teardown/cleaning.

1.5 The Hirer must accurately state the nature and purpose of the event. The Premises must not be used for any purpose other than that stated without prior written consent from FACT.

1.6 The Hirer shall not sublet, assign, or transfer the booking to any other person or organisation without the prior written consent of FACT.

1.7 FACT reserves the right to refuse any application for hire at its absolute discretion and without the requirement to provide a reason.

1.8 FACT reserves the right to refuse or suspend bookings where any previous invoices remain unpaid.

2. BOOKINGS AND CONFIRMATION

2.1 Bookings may be made up to 12 months in advance unless otherwise agreed by FACT.

2.2 Provisional bookings may be held for up to 14 days. If required documentation or booking forms are not returned within this period, the booking may be released.

2.3 A confirmed booking constitutes acceptance of these Conditions of Hire.

3. PAYMENT AND CHARGES

3.1 Unless otherwise agreed in writing, invoices will be issued and are payable within 14 days of the invoice date.

3.2 FACT reserves the right to require advance payment, deposits, or staged payments at its discretion.

3.3 FACT may charge additional fees for:

• Damage to the premises or equipment
• Excess cleaning
• Failure to vacate on time
• Removal of rubbish or abandoned property
• Breach of these Conditions

3.4 FACT reserves the right to recover all reasonable costs, including legal and administrative costs, associated with the recovery of unpaid fees.

4. CANCELLATION AND TERMINATION

4.1 Hirers wishing to cancel a booking must provide a minimum of 4 weeks’ written notice. Bookings cancelled with less than 4 weeks’ notice will be charged in full, unless otherwise agreed in writing, at the discretion of FACT.

4.2 FACT reserves the right to cancel, suspend, or terminate a booking in exceptional circumstances including (but not limited to) emergencies, health and safety concerns, essential maintenance, building issues, staff shortages, public authority requirements, or any circumstance beyond the reasonable control of FACT.

4.3 Where FACT cancels a booking, the Hirer will be offered an alternative date (subject to availability) or a refund of any fees paid for the cancelled period, unless the cancellation or termination of the event occurs due to any of the Conditions listed below. FACT shall not be liable for any indirect or consequential losses, including loss of income, expenses, or third-party costs, except where liability cannot be excluded by law.

4.4 FACT reserves the right to cancel or terminate any event at any time if:

• There is a breach of these Conditions
• The event presents a risk to safety or property
• Illegal or disorderly behaviour occurs
• Required licences or insurance are not provided in the timeframe specified in these Conditions

5. LIABILITY, LOSS, AND INSURANCE

5.1 The Hirer is responsible for all loss, damage, or injury arising from their use of the Premises, including damage caused by attendees, contractors, or equipment.

5.2 The Hirer must indemnify and keep indemnified FACT against all claims, losses, damages, liabilities, and costs (including legal costs) arising from the hire, except where caused by the negligence of FACT.

5.3 Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, or any liability which cannot be excluded or limited by law.

5.4 FACT accepts no responsibility for loss, theft, or damage to property belonging to the Hirer or any third party brought onto the Premises.

5.5 Where an event is open to the public, involves ticket sales, commercial activity, or is reasonably considered by FACT to present increased risk, the Hirer must hold valid Public Liability Insurance with a minimum cover of £5 million (or such other level as specified by FACT).

5.6 For private, non-public bookings, Public Liability Insurance is strongly recommended but not mandatory unless specified by FACT based on the nature of the activity.

5.7 Copies of any required insurance certificates and licences must be provided to FACT no later than 7 days prior to the event.

6. HEALTH, SAFETY, AND FIRE

6.1 The Hirer is responsible for ensuring compliance with all applicable health and safety legislation and for conducting a suitable and sufficient risk assessment for their event where appropriate.

6.2 All gangways, exits, fire exits, and access routes must be kept clear and unobstructed at all times.

6.3 The Hirer must familiarise themselves with fire evacuation procedures and ensure that attendees are made aware of emergency exits.

6.4 In the event of an emergency, the Hirer must contact emergency services and notify FACT as soon as practicable.

6.5 The maximum occupancy of the Premises must not be exceeded.

6.6 No hazardous, explosive, highly flammable substances, or unauthorised gas appliances may be brought onto the Premises without prior written approval.

6.7 All electrical equipment brought onto the Premises must be safe, fit for purpose, and appropriately tested (PAT tested where applicable).

6.8 Any accidents, incidents, or near misses must be reported to FACT as soon as possible and recorded on an accident report form.

7. SAFEGUARDING AND CHILD PROTECTION

7.1 Where activities involve children or vulnerable adults, the Hirer is solely responsible for ensuring appropriate safeguarding policies, supervision ratios, and procedures are in place.

7.2 The Hirer must ensure that any required safeguarding checks (including PVG membership where applicable) are in place for their staff and volunteers.

8. LICENSING, ALCOHOL, AND LEGAL COMPLIANCE

8.1 The Hirer is responsible for obtaining any licences, permits, or consents required by law for their event, including (but not limited to) alcohol licences, music licences, and public entertainment permissions, in accordance with Scottish legislation.

8.2 Alcohol may only be sold or supplied on the Premises where the appropriate licence or occasional licence has been obtained from the relevant licensing authority and consent has been granted by FACT. FACT reserves the right to refuse or withdraw permission for the sale or supply of alcohol where it is considered unsuitable for the nature of the event or where it may pose a reputational, safety, or licensing risk. The Hirer shall be fully responsible for compliance with all licensing conditions, age verification requirements, and responsible service of alcohol.

8.3 ALCOHOL LICENCE: Please also note that where alcohol is to be sold at any event you must have submitted your Alcohol Occasional Licence application NO LESS THAN 28 days before the event, as applications received after this time may not be accepted. The Risk Assessment for your alcohol sales should not be the same as the one for the event itself and must address the licensing objectives. Templates are available on the webpage http://www.moray.gov.uk/moray_standard/page_65927.html

You must send a copy of your application form to bookings@forresarea.org once submitted. You must also send a copy of the licence once granted, a MINIMUM of 7 days prior to your event to bookings@forresarea.org

8.4 PUBLIC ENTERTAINMENT LICENCE: Customers are required to submit a Notification of Event form along with an Event Safety Plan and Event Specific Risk Assessment NO LESS THAN 35 days before any public event that falls under the Public Entertainment Licence activities resolution. Documentation must be sent to licensing@moray.gov.uk Templates are available on the webpage, please check back for the most up to date versions – http://www.moray.gov.uk/moray_standard/page_65870.htm

You must send a copy of your application form to bookings@forresarea.org once submitted. You must also send a copy of the licence once granted, a MINIMUM of 7 days prior to your event to bookings@forresarea.org

8.5 The Hirer must comply with all applicable legislation, including food safety, licensing, and public safety regulations.

9. USE OF PREMISES AND EQUIPMENT

9.1 The Premises must be left in a clean, tidy, and safe condition.

9.2 All rubbish must be removed by the Hirer unless prior arrangements have been agreed. Additional charges may apply for waste removal and cleaning.

9.3 No fixtures, fittings, decorations, or signage may be attached to walls, floors, ceilings, doors, or windows without prior written approval.

9.4 The Hirer must remove all equipment and property at the end of the hire period unless otherwise agreed.

9.5 FACT reserves the right to remove and dispose of any items left on the Premises at the Hirer’s expense.

10. SMOKING, ALCOHOL, AND CONDUCT

10.1 Smoking and vaping are strictly prohibited inside all FACT facilities.

10.2 The Hirer is responsible for the behaviour of all attendees and must ensure events are conducted in an orderly and lawful manner.

10.3 FACT reserves the right to require the immediate cessation of any activity deemed unsafe, inappropriate, or in breach of these Conditions.

11. EQUALITY AND DISCRIMINATION

11.1 The Hirer must ensure that activities conducted on the Premises comply with equality and non-discrimination legislation and must not promote unlawful discrimination, harassment, or hate speech.

12. DATA PROTECTION

12.1 FACT will process personal data in accordance with applicable data protection legislation. Personal information provided by the Hirer will be used for the purposes of administering bookings, invoicing, and facility management.

13. ACCESS AND AUTHORITY

13.1 FACT staff, Trustees, and authorised representatives shall have the right of access to all areas of the Premises at all times, including during periods of hire.

13.2 The Hirer must comply with all reasonable instructions issued by authorised FACT representatives.

14. FORCE MAJEURE

14.1 FACT shall not be liable for any failure or delay in performing its obligations where such failure is due to events beyond its reasonable control, including but not limited to fire, flood, extreme weather, pandemic, structural damage, utility failure, or government restrictions.

15. COMPLAINTS

15.1 Complaints must be submitted in writing to FACT.

15.2 Complaints will be handled in accordance with FACT’s complaints procedure and may be escalated to the Board of Trustees where appropriate.

16. AMENDMENTS TO CONDITIONS

16.1 FACT reserves the right to update these Conditions of Hire from time to time. The version in force at the time of booking confirmation shall apply to that booking.

17. GOVERNING LAW

17.1 These Conditions of Hire shall be governed by and construed in accordance with the law of Scotland, and any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.