STOKE-on-TRENT CITY COUNCIL
DIRECTORATE OF COMMUNITIES
TERMS AND CONDITIONS OF HIRE
These terms and conditions of hire concern the hire of Stoke-on-Trent City Council’s (“the Council”) The Potteries Museum and Art Gallery. They apply to the Forum Theatre and to any other parts of The Potteries Museum and Art Gallery at the discretion of the Director of Stoke-on-Trent City Council Museum and Art Gallery or his nominee (“The Director”).
1 Applications
1. ApApplications for the hire of The Potteries Museum and Art Gallery must be made on the enclosed form. The Council reserves the right to call for further particulars of any proposed hiring. The Council may accept or refuse any application, or impose additional conditions prior to acceptance, as it thinks fit.
2. Hire
The hirer must be over 18 years of age and shall be the person by whom the form of application for the hiring is signed. Such person shall be responsible for the payment of all charges in respect of the hiring and for the observance and performance in all respects of the conditions and stipulations herein contained and on the part of the hirer to be observed and performed.
3. Advertising
No advertising or public announcement of the proposed hiring or any function for which it is proposed to hire The Potteries Museum and Art Gallery may be made until a hiring application has been accepted by the Council.
4. Hire Charges
The hire charges will be in accordance with a scale laid down from time to time. A copy of the current scale is enclosed. The Council reserve the right to refuse to accept payment by cheque. The Council reserve the right to refuse the hirer access to the premises hired if the deposit has not been paid or if these terms and conditions of hire have not been complied with. The stipulated scale of charges is non-negotiable.
5. Payment of Charges
When a booking is made, and the booking forms submitted, a 25% deposit is due and payable immediately. This deposit is non – refundable. The booking shall only be confirmed upon receipt of the deposit. The remainder shall be payable on the date of the booking or within a 30 day period after the date of the booking. If the hirer requests to be invoiced by Stoke-on-Trent City Council payment should be made upon receipt of the invoice. If the 25% deposit is not received the council has the right to cancel the booking without the right of the hirer making any claim against the council in respect of such cancellation.
When a booking is made less than 14 days in advance of the date of hiring (i.e. the hirer has applied for the hire of The Potteries Museum and Art Gallery on the enclosed form and the application has been accepted by the Council) an invoice will be sent to the hirer and full payment is required immediately. If full payment is not received five days prior to the date of hiring, the Council has the right to cancel the booking without the right of the hirer making any claim against the Council in respect of such cancellation.
6. No Assignment
The hirer shall not assign the benefit of this hiring.
7. Cancellation
The hirer may cancel such bookings by giving written notice to the Council and:-
(i) if 30 or more days notice before the first booking is given, a refund will be made by the Council to the hirer less the 25% deposit.
(ii) if less than 30 days notice before the first booking is given, no refund will be made by the Council to the hirer. (N.B. A full refund may be given at the sole discretion of the Council if the hiring vacancy thus caused can be filled).
8. Admission Tickets
Where a charge is made by the hirer for admission to the function, admission will only be by way of tickets provided by the hirer, unless the Director otherwise consents. The maximum number of tickets which the hirer may have printed and distributed will be 300 tickets.
9. Articles left in The Potteries Museum & Art Gallery
The Council accept no responsibility for loss of and/or damage to articles in The Potteries Museum and Art Gallery except where caused by the negligent act or omission by the Council, its employees, servants or agents.
10. Services
The hiring charge does not cover any service other than the provision of uniformed attendants, cloakrooms and such lighting, ventilation and heating as the Council in its sole discretion thinks fit. The uniformed attendants, lighting, cloakrooms, heating, ventilation will at all times be under the sole control of the Council senior Museum representative present at the function and the uniformed attendants will undertake such duties only as he/she directs.
11. Conduct and Good Order
The hirer will maintain good order during the hiring of The Potteries Museum and Art Gallery and the function and shall ensure that any particular person is removed from The Potteries Museum and Art Gallery immediately on the request of the Council’s senior Museum Representative present at the function.
The maximum number of people at any function is 300 persons.
12. Rights of Access and Entry
The Council reserves the right of free entry and access at all times to The Potteries Museum and Art Gallery.
13. Use of The Potteries Museum & Art Gallery
No part of The Potteries Museum and Art Gallery may be used for any purpose other than that specified in these terms and conditions. If the Council at anytime agrees to vary the terms and conditions in this connection, then an increased hiring charge in accordance with the scale of charges may become payable by the hirer.
14. Additional Equipment
No additional lighting or heating apparatus or equipment whether electrical or otherwise, shall be brought or installed upon The Potteries Museum and Art Gallery without the prior consent of the Director.
15. Care of The Potteries Museum and Art Gallery
No nails, hooks, screws or tacks may be driven into any of the walls, pillars, woodwork, floors or furniture in any part of the building and no posters, papers, etc. shall be affixed to the building by gum, paste or other adhesive medium.
No lighting, heating, furniture or other fixtures or fittings provided by the Council may be moved or altered by the hirer without the prior consent of the Director.
Furniture and equipment whether already in The Potteries Museum and Art Gallery or brought there by the hirer must be used or positioned as agreed beforehand.
All cumbersome objects may be moved only under the supervision of an employee of the Council.
Every care must be taken not to damage the floors, chairs and other furniture. Things must not be dragged over the floors or allowed to drop on them.
Every care must be taken not to damage exhibits in The Potteries Museum and Art Gallery. No person may touch or move any of the exhibits or cases of exhibits. Water or other liquids must not be spilt anywhere nor must any implement be used.
No person will be permitted to enter The Potteries Museum and Art Gallery in possession of any articles liable to cause damage to the building or anything in it, including exhibits.
No open fire, creosote, petrol or spirit stove, machinery or any other dangerous or inflammable substance may be brought into or used in any part of The Potteries Museum and Art Gallery.
No stage fittings, decorations, flags, emblems or posters may be used in The Potteries Museum and Art Gallery without the Director’s consent.
The Director reserves the right to refuse admission to any person or item which in his opinion is liable to cause damage to the building or anything in it.
16. General Indemnities
The hirer will;-
a) Repay to the Council on demand the cost of reinstating, repairing or replacing any part of The Potteries Museum and Art Gallery or any property of the Council in or upon The Potteries Museum and Art Gallery, including exhibits, which shall be damaged, destroyed, stolen or removed during the period of the hire or prior or subsequent thereto if in relation to or by reason of the hiring. The amount of the cost shall be certified by the Curator whose certificates shall be final.
b) Indemnify the Council against all claims, demands, actions or proceedings in respect of:-
i) Any damage or loss, theft or removal of property in The Potteries Museum and Art Gallery belonging to any person other than the Council which may arise as a result of the hiring.
ii) Any loss or damage suffered or sustained by any person(s) in consequence of the death of or injury to any person(s) howsoever or by whomsoever caused which shall occur while such person(s) is in or at The Potteries Museum and Art Gallery and which may arise as a result of the hiring except where caused by the negligent act or omission of the Council, its employees, servants or agents.
17. Defects
Neither the Council nor its employees or servants shall be in any way liable for or in respect of any damage or death or injury which may be suffered by the hirer or any persons as a result of the hiring through any defect in The Potteries Museum and Art Gallery except where caused by the negligent act or omission of the Council or its employees, servants or agents. The hirer shall be deemed to take The Potteries Museum and Art Gallery will full notice of its condition.
18. The hirer will leave The Potteries Museum and Art Gallery and its contents in as good order and in as clean a condition as is reasonable consequent to the nature of the booking. If default is made the Council may demand and the hirer shall pay to the Council a reasonable charge at the discretion of the Director for putting The Potteries Museum and Art Gallery in reasonable order and condition. If in the opinion of the Director the hired use of The Potteries Museum and Art Gallery causes an excessive amount of litter, the Council may demand and the hirer shall pay the cost involved in the removing of the litter. Unless the hirer shows before the commencement of the period of hire that any property of the Council is damaged, property shall be deemed to have been present and undamaged at the start of the hire period.
19. Smoking, Eating, Drinking
No smoking is allowed anywhere in The Potteries Museum and Art Gallery.
No smoking, eating or drinking is allowed in the Forum Theatre.
20. Property Not Removed
The hirer must remove any property brought into The Potteries Museum and Art Gallery for the function/purpose of the hire before the end of the period of hire or within a period of time to be agreed with the Director. The Council may remove any property left by the hirer or by any other person in or upon any part of The Potteries Museum and Art Gallery after the expiry of the hire time provided in the application for hire or any above period of time agreed, whichever if the later. The Council may demand and the hirer shall pay the cost of such removal. The Council and its employees, servants and agents will not in any circumstances be held responsible for damage, theft or removal with respect of any such property during such removal and the hirer will indemnify the Council against all claims, demands, actions and proceedings in respect of such damage or removal. People attending the function, must be removed by the hirer at the time agreed by the Director.
21. Copyright and Performing Rights
The Council has obtained the Licence of the Performing Rights Society Limited for the performance of copyright musical works in The Potteries Museum and Art Gallery on the understanding that returns of all works so performed will be made by the Council to the Society. The hirer will comply with the terms and conditions of the Society’s Licence (a copy of which may be seen if necessary). Copyright work not covered by this Licence must not be performed without the consent of the owner of the copyright and the hirer will be responsible for obtaining such consent and will indemnify the Council against all claims, demands, actions and proceedings arising out of any infringement of copyright or the unauthorised playing, performance for use of any record or any other apparatus during hiring. The performance of recorded music in The Potteries Museum and Art Gallery will not be permitted unless the hirer has obtained in advance of such performance the Licence of Phonographic Performances Limited. The hirer will be liable for and must make arrangements for the payment of any taxes or royalties chargeable in respect of the function.
22. Radio and Television
The hirer will make his own arrangements for complying with the requirements of the relevant public bodies with respect to television, radio or other telegraphic or telephonic apparatus.
23. Transmission or Recording
The transmission outside The Potteries Museum and Art Gallery of sound or visual recording of anything taking place in The Potteries Museum and Art Gallery or of any commentary thereon is prohibited, except with the prior consent of the Director.
24. Electricity
The hirer or his agents must provide advance details of electrical equipment to be used in The Potteries Museum and Art Gallery including power requirements at least two weeks in advance of the function in question. The hirer will be liable for any costs incurred as a result of the malfunction of any equipment brought in by the hirer for the function. In all cases the decision of the Council’s electrician is final.
25. Council Operations Officers
The Council’s Operations Officers on the night in question is in overall charge of The Potteries Museum and Art Gallery. He has a duty to protect his staff, hirer and hirer’s guests and Museum objects, furniture and fittings and hence his requests must be complied with at all times.
26. Governing Law
The terms and conditions shall be governed by and construed in accordance with English Law. The parties hereto expressly submit to the jurisdiction of the English Courts.
27. Cancelling of Hiring
The right is reserved to cancel any hiring without notice where the Director considers it necessary for any cause outside his control. In the event of any hiring being cancelled in this way, the charges payable hereunder will be refunded to the hirer but the Council shall not be held liable or require to pay compensation for any loss sustained as a result of or in any way arising out of the cancellation of the hiring.
28. Advisory Note
The hirer is advised to ensure compliance with the Sex Discrimination Act, 1975 in her/his hiring or other use of The Potteries Museum and Art Gallery.
