Friends of KGV Limited Terms and Conditions of Hire and Use of Facilities

General Rules Governing the Use of the KGV Playing Fields and Clubhouse and all associated facilities:  Rue Cohu, Castel, Guernsey, GY5 7SZ  -  (“the KGV”)

The KGV ‘premises’ or ‘site’ comprises:

·     The main clubhouse including the bar, function rooms, office suites, bathrooms, corridors and hallways

·     Grass Pitches

·     3G pitch

·     Car park and surrounding landscaping

·     Dorothy Langlois Nature trail

“KGV Management” refers to the management committee of the KGV duly appointed by the board of Directors

“The Hirer” refers to an individual or representative of an organisation hiring the premises for an agreed purpose, and whose responsibility it will be to ensure compliance with these Terms and Conditions and any licenses attached to the reservation.

1.       USE OF KGV

Use of any part of KGV is subject to the following rules:

a. KGV Management reserves the right to refuse requests for hire and/or admission to the KGV Clubhouse and outdoor facilities to any person or persons.

b. KGV Management reserves the right to request additional information, as it deems necessary, and to make enquiries of external bodies as to the standing of any organization, before agreeing to hire facilities.

c.    KGV Management reserves the right to cancel bookings and Hire Agreements;

 i.        when the premises are required for use as a Polling Station

 ii.       in the event of the premises being rendered unfit for the intended use.

 iii.       by serving more than 15 days’ notice to the Hirer.

In any such case the Hirer shall be entitled to a refund of any monies already paid, but the Management shall not be liable to the Hirer for any resulting direct, consequential or indirect loss or damages whatsoever.

d. All queries on the interpretation of agreements and the resolution of issues should be addressed to a member of  KGV Management.

e.    KGV Management reserves the right to enter hired spaces at any time.

f.     No activity or performance that takes place at KGV shall infringe any copyright or other intellectual property rights owned by any person without their prior consent.

g.    The Hirer must not bring any items or paraphernalia onto the premises which is flammable, explosive, dangerous, obnoxious or offensive. In cases of doubt the Hirer should consult with KGV Management prior to the commencement of hire.

h. KGV Management reserves the right to confiscate any items that they in their absolute discretion deem to be dangerous, pose a risk to the public or that they consider contradict the terms of this document.  

i.     Illegal acts and/or illegal behaviour is not permitted anywhere on the KGV site.  KGV Management reserves the right to deem what standards are appropriate.

j.     With the exception of guide dogs and hearing dogs, animals are not permitted inside the KGV buildings unless KGV Management has given permission.

k.    Hirers and organisers of events at the KGV are responsible for ensuring that the noise level of their functions is not such as to interfere with other activities within the building/ outdoor areas nor to cause inconvenience for the occupiers of nearby houses and property.  The KGV Management reserves the right to insist that noise amplification equipment is turned off should acceptable noise levels be breached.

l.     All users shall ensure that the minimum of noise is made on arrival and departure, particularly late at night and early in the morning.

m. No vehicles are to be left in the KGV Car Park overnight without the approval of KGV Management. Parking in the KGV Car Park is only for those persons working at, visiting or using the KGV facilities at that time.

n. No food purchased offsite should be brought into the KGV Clubhouse without permission from KGV Management. 

o.    No alcoholic beverages purchased offsite should be brought onto the premises without permission from KGV Management. 

p.   No alcohol may be sold to or consumed on the premises by anyone under the age of 18.

q.   Litter shall not be left in or about the KGV. Recycling and rubbish receptacles are placed around the grounds for this purpose.

r.    KGV Management reserves the right to ban any person from the entire site if their behaviour, when on the premises, is considered to be unacceptable.

s.    KGV Management reserves the right at its absolute discretion to refuse admission or evict any person from anywhere on site at any time. 

t. No alterations or additions may be made to the premises nor may any fixtures be installed or placards, decorations or other articles be attached in any way to any part of the premises without the prior written approval of the KGV Management. Hirers must remove all such articles at the end of the hiring unless otherwise agreed with the KGV Management. Any unauthorised articles left on the premises will be disposed of by the KGV Management as it thinks fit. The Hirer will make good to the satisfaction of the KGV Management any damage caused by such installation and removal.

u.   The material change of facilities/equipment or use of any substance or item such as pins, nails, tacks, hooks, adhesive tape or blue tack on floors, ceilings, windows or painted surfaces is not permitted without the approval of KGV Management.

v.    No advertising material (notices, posters or banners etc) can be displayed anywhere on the KGV site, including the internal notice boards, without the permission of KGV Management.

2.       health and safety

All users of KGV must comply with Health and Safety Regulations and any other relevant local legislation whilst on the premises.

In conjunction with any Hire Agreements, the Hirer agrees to comply with the following:

a.    Hirers must ensure they know, or have requested and received guidance on:

i.  The location of fire exits and operation of all door fastenings on escape routes from the facility they are using.

ii.  The location and guidance on the safe use of fire fighting equipment.

iii.  The action to be taken in the event of a fire, including the automatic and manual operation of the fire alarm system, along with the evacuation procedures and location of the assembly point are set out in the “Action in the Event of Fire Notices” located in every room in the building.

b.   The Fire Assembly point is in the middle of the grass playing fields.

c.    Fire doors must not be obstructed or wedged open at any time.

d.   Fire Exits and Escape Routes must be kept clear and adequate access to and from them must be maintained at all times.

e.    Firefighting apparatus shall be kept in its proper place and only used for its intended purpose.

f. The Fire Service must be called to any outbreak of fire, however slight, and details of the occurrence shall be given to KGV Management.

g.    No explosives, gas containers, highly flammable substances or materials shall be brought onto or used on the premises at any time.

h.   The use of naked lights (for example candles, night lights or oil lamps) is strictly prohibited in any part of the building, unless prior approval has been given by KGV Management.

i.     The use of smoke machines is prohibited on the premises.

j.     No additional heating appliances shall be used on the premises.

k.    If the Hirer wishes to operate any electrical equipment within the KGV, the Hirer must ensure it is safe to use. The KGV Management reserves the right to insist that certain equipment must be subjected to appropriate testing e.g. high voltage equipment. If equipment is subject to testing, certificates must be made available for inspection by KGV Management.

l.     The Hirer shall take all reasonable steps to ensure full compliance with current legislation; “The Smoking (Prohibition in Public Places and Workplaces)(Guernsey) Law 2005” which makes it a criminal offence to smoke, or permit any other persons to smoke in an enclosed or partially enclosed public building. For the avoidance of doubt, smoking is not permitted in any part of the building.

m.  Provision 2(l) of this document also applies to the use of vaporised cigarettes.

n.    Any User of KGV must report all accidents involving injury to the public to the KGV Management or staff as soon as possible, to record the incident in an accident book.

o.    First Aid boxes are located in the main foyer, outside the cricket office, behind the bar and in Stuart’s Shed…These are readily available to all users of KGV and must be returned after use. Please inform the KGV Management should one be used so they can ensure used items are replaced.

p.   One Defibrillator is located outside the main clubhouse, attached to the wall to the right of the main entrance and a second is next to the entrance to the 3G pitch on the wooden fence.  Instructions for their use are with the defribrillators, which will also instruct the user with step by step instructions during use.

q.   Cars shall not be parked in such a way as to cause an obstruction at the entrance to, or exits from the KGV, or at the emergency access gate to the playing fields – vehicular access to these areas must be maintained at all times.

r.    All doors giving egress from the hired premises shall be kept unlocked and unobstructed and immediately available for use during the whole time the hired premises are in use and no obstruction shall be placed or allowed to remain in any corridor or exit route.

s.     The maximum number of persons permitted in any room inside KGV will be confirmed at the point of booking. Under no circumstances will the Hirer allow the maximum number of persons in any room in any part of the premises to be exceeded.  Confirmation of the numbers permitted for any function in any room can be obtained from KGV Management or on the KGV website.

3.       INSURANCE AND INDEMNITY

a.    The KGV holds public liability cover of £5million.

b.   Hirers/general users shall not use the premises, 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 or render invalid any insurance policies.

c.    Management cannot accept responsibility for damage to, or the loss or theft of, KGV users’ property, possessions and effects from anywhere on the site or from vehicles parked in the car park.

d.   Any organization, exercise class instructor, sports club or company hiring any KGV facility:

i.  shall be the holder of a current Public Liability Policy of Insurance in the name of the business provider or person carrying out the activity in respect of all the activities specified in the Hire Agreement, providing coverage for an amount of at least £1,000,000.

ii.      shall hold a Public Liability Policy written with an insurer approved by KGV and a copy shall be made available to KGV on request.

iii.     agrees to provide cover to KGV Management under their own public liability policy indemnifying KGV Management from all actions, costs, claims, charges, expenses, penalties etc.  arising from Hirer activities, but only to the extent the damage is caused by or attributable to the fault of the Hirer or associated person(s).

iv.      agrees to indemnify the KGV against all claims in respect of loss of monies or damage to property left on the premises, including the car park, by the Hirer or on his/her behalf during, on, or after the period of hiring.

v.      should report to their own Insurer, incidents arising out of the activities or actions of the Hirer involving either Personal Injuries or Property Damage.  The Hirer shall as soon as practicable inform KGV Management in writing of any occurrence involving the responsibilities of both the Hirer and KGV Management, that might give rise to a claim. The Hirer shall keep KGV Management informed of subsequent developments concerning the claim.

e.    The hirer shall be liable for:

i.  The cost of repair of any damage (including accidental and malicious damage) done to any part of the premises including the contents of the premises.

ii.  All claims, losses and damages and costs arising as a result of any nuisance caused to a third party as a result of the uses of the premises by the hirer.

iii.  Indemnifying the KGV Management, its employees, volunteers, agents or invitees against any of the above

4.       Risk Management

a.    A Risk Assessment shall be carried out by the Hirer, where the hirer is an organization, exercise class instructor, sports club or company, before the commencement of the Hire Agreement and before each season (if applicable) and any concerns or issues should be raised with KGV Management.

b.   The Hirer acknowledges that they will be responsible for complying with emergency and incident management procedures and risk management practices implemented by KGV Management in relation to the facility during the term of their Hire Agreement, provided they receive reasonable notice of such procedures.

c.    The Hirer agrees, prior to the commencement of their Hire Agreement, to confirm to KGV Management details of their risk management plan and policies which address the risks associated with the Hirer’s use of the facilities and how such risks will be addressed. In the alternative, the Hirers shall verify to KGV Management their satisfaction that they undertake a suitable risk management program which addresses the risks associated with the use of the facilities. The Hirer should ascertain and implement risk management programs and procedures that are considered standard by their own insurer.

d.   The Hirer acknowledges that KGV Management reserves the right, following consultation with the Hirer and or anybody representing The Hirer, to withdraw the premises, or any part thereof from use and to cancel their Hirer agreement if it considers the premises or any part thereof are unsafe and /or are unsuitable for use by the Hirer. Notwithstanding the above, it is agreed the Hirer must ultimately determine whether the premises, are safe for use by the Hirer. KGV does not warrant the premises as fit and suitable for the Hirer’s intended use.

e.    Furthermore, the Hirer acknowledges that unless KGV formally withdraws the premises for use, the Hirer - in accordance with any regulations the relevant governing bodies for the Hirer have in place – has responsibility to determine suitability for activities to commence.

f.     Should KGV exercise its rights to withdraw the premises, KGV will use its best endeavors to find an alternate venue for the Hirer to use however the Hirer agrees to hold KGV harmless if an alternative venue is not available or cannot be found.

5.       Safeguarding

a.    Any Hirer who is an organization, exercise class instructor, sports club or company, will have in place a suitable Child Safeguarding Policy and operate within these guidelines when using any KGV facility where persons under the age of 18 are present in the Hirer group.

b.   Any Hirer who is an organization, exercise class instructor, sports club or company, will have in place a suitable Vulnerable Adult Safeguarding Policy and operate within these guidelines when using any KGV facility where vulnerable adults are present in the Hirer group.

c.    Should there be any breach of the guideline the Hirer will advise KGV of any incident.

d.   KGV may seek confirmation that the Hirer (where a sporting body) is recognised by the Guernsey Sports Commission and that no issues are outstanding regarding their membership of the Commission.

6.       HIRING

a.    In consideration of the hire fee paid prior to the event/usage, the KGV Management agrees to permit the Hirer to use the premises for the purpose described and for the period requested in the Agreement.

b.   The rooms and pitches must be vacated at the agreed time as per the Hire Agreement.

c.    The Hirer agrees with KGV Management to be present (or the Hirer’s authorised representative, if appropriate) for the full duration of the hire period.

d.   The hirer or person in charge of an activity shall not be under 18 years of age and shall be on the premises for the entire period of hire or duration of the activity. S/he shall not be engaged in any duties which prevent them from exercising general supervision.

e.    The Hirer is only permitted to use the rooms and facilities booked and named in the Hire Agreement. All Hire Agreements include access to and use of toilets and general facilities of the KGV Clubhouse, but do not allow access to pitches and function rooms which have not been hired, or the office suites on site.

f.     The Hirer is not permitted to sub‐let any room or facility without the permission of KGV Management.

g.    Hire Agreements are not transferable to any other party.

h.   Any Hire Agreement does not infer membership of the KGV.

i.     Any changes to a Hire Agreement or any requested variations to such agreement or these Terms & Conditions of Hire, must be submitted in writing to KGV Management for consideration. KGV Management reserves the right to refuse or cancel any agreement of hire.

j.     Hire Rates are agreed for review from time to time.

k.    New Hire Agreements and these Terms and Conditions of Use and Hire replace any previous Agreements and Terms and Conditions signed previously between the Hirer and KGV Management.

l.     For indoor events and functions, the Hirer is responsible for their own set-up unless arrangements have been made with KGV Management for any assistance as may be required.

m.  All furniture, tables and chairs are to be cleaned after use and returned to their correct storage area, and all doors and windows are to be secured, unless prior arrangement has been made with KGV Management.

n.   All rubbish must be removed from the KGV site unless prior arrangement has been made with KGV Management. On no account must bags containing rubbish and perishable matter be left outside where animals and birds can break open the bags.

o.    The Hirer shall be responsible for leaving the facility they have hired in the clean and tidy condition it was found. Any contents temporarily moved from their usual position should be properly replaced. KGV Management reserve the right to retain any deposit paid or make an additional cleaning charge should the state of the hired facility be deemed unacceptable.

p.   A representative of the KGV will be responsible for securing the premises unless other arrangements have been made prior to the booking.

q.   At no time must the premises be left unattended and unlocked. In the unlikely event that the person responsible for the lock up fails to arrive, a member of the KGV staff should be telephoned to assist.

r.    For Pitch Hire, KGV is responsible for setting up the pitch, configuring it using the information provided in the Hire Agreement.

s.    Hirers shall not carry out or permit flyer posting or any other form of unauthorised advertisements for any event taking place at the premises and shall indemnify KGV Management accordingly against all actions, claims and proceedings arising from any breach of this condition. Failure to observe this condition may lead to prosecution by the KGV Management.

7.       Financial Terms

a.    Rental Fees/Payment Terms can be found on the individual Hire Agreement.

b.   All fees to be invoiced by KGV Management to the email address provided by the Hirer in the Hire Agreement.

c.    If the Hirer fails to pay within the time stated on the Invoice, KGV Management has the right to cancel their Hire Agreement immediately and the User will cease activities.

d.   All private party bookings, be it children’s or adults, shall require payment of a refundable deposit of £50 to secure the booking. 

i.        This deposit shall be held for use in the event that the Hirer breaches cancellation 7(e), damage 3(.i. and cleaning terms 6(o).

ii.        Should the deposit need to be returned, it shall, in the first instance, be used as a credit against the final invoice for the event, or it shall be repaid within 10 days of the date of the event.

e.    If the Hirer wishes to cancel the booking before the date of the event the KGV Management reserves the right to retain any deposit paid, or request payment for the hire, should the cancellation occur within the time frames below:

8.       STORAGE

a.    The permission of the KGV Management must be obtained before goods or equipment are left or stored anywhere on the KGV premises.  Any items stored permanently at KGV will be subject to a Storage Charge as agreed by the KGV Management.

b.   No articles are to be left in the hall or rooms overnight without the approval of KGV Management.

c.    The KGV accepts no responsibility for any stored equipment or other property brought onto or left at the premises and all liability for loss or damage is hereby excluded. All equipment and other property (other than agreed stored equipment) must be removed at the end of each hiring, or fees will be charged for each day or part of a day at the hire fee per hiring until the same is removed.

9.       membership

a.    Membership of KGV costs £35 per year

b.   Membership application is open to anyone over the age of 18

c.    Membership applicants must declare to KGV Management any criminal convictions.

d.   All members are bound to comply with the KGV Code of Conduct

e.    Membership entitlements are:

·    discounted drinks prices

·    10% discount on room and pitch hire

·    Ad hoc prize draws

e.    KGV Management reserves the right to refuse any membership application or cancel or suspend membership status at its discretion should any member or membership applicant contravene the KGV Code of Conduct

10.    Data Protection

 See KGV Privacy Policy - https://kgv.gg/privacy-policy