Terms & Conditions - Dulwich Events

General Conditions of Hire

Hire Charge and Holding Payment

1. A holding payment of 50% of the venue hire is required from the Hirer to secure a booking for an Event (“Holding Payment”). Where the Hire Charge is £1,000 or less this is due in full by way of Holding Payment. If the Hirer then cancels the Holding Payment is non-refundable. Otherwise the Holding Payment is deducted from the full amount due which will be invoiced 6 weeks before the date of the Event. Any extras added after payment of the full invoice (“Full Invoice”) will be invoiced after the Event and are payable within 7 days of the date of the invoice (“Final Invoice”).

2. Except where the Hire Agreement relates to the hire of any Dulwich College (“College”) sports ground, payment of the Hire Charge is due at least 4 weeks before the Event. If the Hirer cancels less than 8 weeks before the Event the Hire Charge must be paid in full. In addition all catering charges are payable upon cancellation less than 4 weeks before the Event. If the Hire Charge is not paid in full at least 2 weeks before the Event, DCEL may cancel the Event and retain any monies paid so far.

3. Where the Hire Agreement relates to the hire of any College sports ground, payment of the Hire Charge is due in full to secure a booking of space for a single match and where one or more matches are to take place a 50% Holding Payment is due. Full payment of the Hire Charge is due a minimum of 2 weeks before the Event. If the Hirer cancels the Hire Charge must be paid in full unless cancellation is due to bad weather on the day, in which event 50% of the Hire Charge (where the booking was for a single match) and catering charges or 50% of the Holding Payment and catering charges will be returned by DCEL. If cancellation is less than one week before the Event 50% of catering and bar charges will be payable and if cancellation is less than 24 hours prior to the scheduled start time (other than for bad weather) 100% of catering and bar charges will be payable.

4. If the Hire Charge is not paid on time, DCEL shall be entitled to charge the Hirer interest on the amount due at 4% above the Bank of England base rate for the period for which payment is outstanding.

5. DCEL does not generally accept payment by credit card. In exceptional circumstances, however, we may be able to arrange this and a service fee to cover bank charges will be made. Cheques are no longer accepted.

6. Any request by the Hirers to change the date of an Event will be accommodated where possible. Where the request is made more than 9 months in advance of the original date a 5% administration charge will be due and added to the final balance invoice. Where the request is within 9 months of the original date and: (i) the date is re-sold a 5% administration charge will be due added to the final balance invoice; or (ii) the date cannot be re-sold the Holding Payment will be retained in full. A new Holding Payment will be due for any new date and If the new date falls in a period subject to new hire charge rates set by the College, the Hirer will be charged pursuant to the new rates.

Licence

7. DCEL licenses the Hirer (subject to the provisions of the Hire Agreement) to use the Hire Area for the sole purpose of holding the Event, and where applicable, agrees to provide the Hirer with the Services.

8. The Hirer acknowledges that while it will have exclusive use of the Hire Area for the duration of the Event, other events may be held at the same time in different areas of the College. Furthermore, other areas of the College may from time to time undergo maintenance or other work and while DCEL shall ensure any disruption is kept to a minimum it cannot guarantee there will be no interference whatsoever.

9. The Hirer shall not assign the benefit of the Hire Agreement to any person, nor assign or sub-license any right or benefit under it without the prior written consent of DCEL. Where DCEL agrees to any sub-licence, the Hirer shall procure that the sub-licensee is bound to observe and perform the terms of the Hire Agreement as if it were a party to it.

10. The Hirer shall not exceed the agreed maximum capacity for attendees of the Event. DCEL shall have the right to require people in excess of the agreed maximum to leave the Hire Area.

11. Persons must not enter any parts of the College which are not part of the Hire Area, save as is reasonably and properly required for access to the Hire Area.

12. DCEL reserves the right for its staff: (a) to enter and view the Hire Area at any time during the Hire Period; (b) at the staff member’s discretion to refuse admission to or remove from the Hire Area any person who in his/her reasonable opinion is disorderly or objectionable; and (c) at his/her discretion, to refuse to permit any item to be brought into or to require any item to be removed from the College.

13. The Hirer shall not behave or permit behaviour at the Event which: (a) is contrary to any law or regulation; (b) is obscene, offensive, hateful or inflammatory; (c) involves nudity or is sexually explicit or sexually provocative; (d) may reasonably be considered offensive or discriminatory on grounds of race, sex, religion, nationality, disability, sexual orientation or age; or (e) intimidates, threatens or causes annoyance to any person.

14. The Hirer will not behave or permit any behaviour at the Event which might reasonably be regarded as detrimental to the reputation of the College or otherwise incompatible with the purpose, objectives and moral values of a school for children between the ages of 3 months and 18 years.

15. Except where the Event is a wedding or other private party, the Hirer must not take or permit to be taken any photographs or conduct any recording or filming at the College at any time, except with the prior written consent of DCEL. If DCEL grants permission a facility fee will be payable by the Hirer.

16. There is no automatic right of access or permission to use drones or any small unmanned aircraft at the College. All drone flying is subject to DCEL’s prior written consent (to be given in its absolute discretion), the College policy on Drones (a copy of which is on the College website) and to guidance and regulation issued by the Civil Aviation Authority from time to time.

17. The Hirer may not charge third parties a fee for access to the Hire Area without the prior written consent of DCEL.

18. If the Hirer is going to advertise the Event in advance, the Hirer shall submit to DCEL for approval a draft of any poster or advertisement relating to the Event and shall comply with all requirements that DCEL shall reasonably impose in relation to their form, content and publication. Any advertising in the local area for the Event must comply with all relevant legislation. It is the responsibility of the Hirer to make sure that the law is not broken.

19. No banners, posters, notices or bills may be displayed inside or outside the Hire Area and/or the College, except with DCEL’s prior written consent. The cost of removing all banners, posters, notices etc and any damage caused to the damage or fabric of the College as a result of their removal will be subject to an additional charge.

Hire Period

20. Timing of the Event is important. Access to the Hirer, its agents, sub-contractors and suppliers is strictly within the agreed times (detailed on the Letting Agreement). If there is any overrun of time beyond the agreed Hire Period an additional charge will be payable. Additional charges will be invoiced immediately following the Event and shall be payable within 7 days of the date of the invoice. Bars must close and any PA system or other sound/music must stop 30 minutes before the end of the Hire Period. All Events must finish by 11.30pm and all guests and service providers must be clear of the premises by 12 midnight (or 2am for an event at the Trevor Bailey grounds where a late licence has been obtained). These timings are an hour earlier on Sundays to Thursdays and are subject to change at the discretion of DCEL

21. Except where the Hirer is using DCEL’s in-house caterers: at the end of the Hire Period the Hirer shall hand back the Hire Area in the same condition as at the commencement of the Hire Period. Any furniture or articles moved must be replaced in their original position. The Hire Area must be cleared of all personal effects and decorations. The Hire Area must be left clean (although the professional cleaning of floors and toilets will the responsibility of DCEL) and all rubbish must be bagged up and removed from the College grounds. Failure to comply with this will result in an additional charge.

Indemnity

22. Without prejudice to any other right or remedy available to DCEL the Hirer shall indemnify and keep indemnified DCEL and the College against all claims, damages, liabilities, actions, costs, fees, and expenses (including professional expenses) suffered or incurred by DCEL or the College: (a) as a result of the Event; or (b) arising out of the Hirer’s and its employees’ and sub-contractors’ use of the College and/or the Hire Area; or (c) resulting in any way from the conduct of any of the persons attending the Event; or (d) arising out of any breach of the Hire Agreement by the Hirer.

Insurance

23. The Hirer shall and shall procure where relevant that its suppliers, agents and contractors shall throughout the Hire Period effect and maintain at its or their sole expense with a reputable insurance company such comprehensive insurances as are necessary for the holding of the Event (in the case of a wedding this shall include suitable wedding insurance), including, but not limited to Employer’s Liability and Public Liability insurance (with minimum cover of £5 million). For all Events the Hirer shall or shall procure that its suppliers, caterers, agents and/or contractors shall have the appropriate and necessary health and food safety certificates (which will be produced to DCEL or College staff on request) and will upon request by DCEL sign a waiver of liability in favour of DCEL and the College in respect of any liability thereto.

Liability of DCEL

24. Except in respect of death or personal injury caused by DCEL’s negligence or default, DCEL excludes liability to the fullest extent permitted by law for loss or damage suffered by the Hirer or any person attending the Event or any other person involved directly or indirectly with the Event which arises out of or in connection with the use of the College and/or the Hire Area for the purpose of the Event.

Safeguarding

25. Where the hire relates to the Hirer using any part of the College for teaching, supervision or provision of activities for children it is a strict condition of the Hire Agreement that the Hirer shall (and shall procure its staff to) comply with the following safeguarding requirements:

(a) the Hirer will comply with the prevailing requirements of the statutory guidance “Keeping Children Safe in Education” and Dulwich College’s prevailing Safeguarding (Child Protection) Policy which can be found on the College’s website here;

(b) the Hirer will have in place its own Safeguarding and Child Protection policy and will ensure that it liaises with DCEL on all safeguarding matters during the Hire Period and in the event there is an allegation that the “harm threshold” has or may have been met during the Hire Period the Hirer must notify Dulwich College’s Designated Safeguarding Lead within 24 hours and the Hirer agrees it shall notify the LADO (and other agencies) if required. The Hirer acknowledges that if DCEL receives an allegation of an incident that engages the College’s Safeguarding (Child Protection) Policy which has occurred during the Hire Period, DCEL will follow the College’s safeguarding procedures, including informing the LADO and potentially other agencies;

(c) the Hirer will ensure (i) a recent, clear enhanced Disclosure and Barring Service check (including a “children’s barred list check“) is in place for, and (ii) appropriate safeguarding training has been received by, all staff who might have access to children during the Hire Period. The Hirer shall not permit any member of staff who has not been duly checked or vetted to take part in any activities with children or in the care or supervision of children at any time during the Hire Period;

(d) the Hirer shall procure that at least one member of the Hirer’s staff is qualified in first aid and all necessary first aid equipment shall be in the Hire Area at all times during the Hire Period;

(e) the Hirer shall have in place its own health and safety policy and risk assessment relevant to the Event with which it will comply; and

(f) the Hirer shall provide copies of the documents listed at (b), (c) and (e) to DCE on request.

26. The Hirer will provide supervisory staff on an overall ratio of not less than 1 member of staff to every 12 children, and will ensure proper and orderly conduct of all children in all parts of the Hire Area or College.
27. Where appropriate staff will be issued with College passes which are to be carried at all times when on College grounds.
Care of the College

28. The Hirer shall:

(a) not obstruct (or permit its staff or guests to obstruct) any of the passages, gangways, corridors, staircases, exits and emergency doors of the College;

(b) not interfere with, damage or misuse any equipment, fabric, fixtures, fittings or decorations at the College and ensure that no bolts, screws, nails, tacks, etc. shall be fixed or driven into any part of the premises, fittings, fixtures or furniture of the College. No wax, adhesive, powder or marking tape shall be placed upon the floors;

(c) keep the Hire Area clean, tidy, undamaged and free of rubbish throughout the Hire Period and leave it in the same condition at the end of the Hire Period;

(d) not use the Hire Area in such a manner as to cause nuisance, annoyance or inconvenience to DCEL and/or users or neighbours of the College;

(e) not interfere with any emergency lighting within the College (e.g. by removing bulbs or masking them with lighting gels);

(f) not sell or supply in any way to the users of the College or attendees of the Event any goods or services of any kind, except with DCEL’s prior written consent;

(g) comply fully with all statutes, rules, regulations, orders, bye-laws or other requirements, whether for ensuring public order safety or decency or for any other purpose whatsoever affecting the use of the College and the Hire Area for the purpose for which it has been hired and with all requirements of the Health and Safety Executive or the police and fire authorities and of DCEL;

(h) not bring (and will ensure that none of its staff, contractors or guests brings) illegal drugs or other illegal substances onto College premises or grounds;

(i) ensure its staff, agents, contractors, suppliers and guest treat DCEL and College staff and their visitors with respect and not subject them to any abusive or foul language or threatening behavior;

(j) obtain all licences, consents and approvals necessary for the Event (including, but not limited to, copyrights, lending or rental right and performance right licences);

(k) not consume (or allow the consumption of) food and drink on any of the College’s sports pitches or pitch surrounds without DCEL’s prior consent;

(l) adhere to the directions of the College’s duty manager or supervisor attending the Event;

(m) where the Hired Area relates to any College sports ground, not retrieve any ball or similar item over any perimeter fence or boundary;

(n) not allow any dog or other animal into the College premises, save for guide dogs with disabled persons.

29. If DCEL is not satisfied with the condition of the College/Hire Area or the said equipment, fabric, fixtures/fittings or decorations at the end of the Hire Period, the Hirer will be charged by DCEL for the cost of cleaning or restoring to the condition in which it was at the commencement of the Hire Period.

30. Except where the Hirer is using DCEL’s in-house caterers:

(a) Security and fire procedures are the responsibility of the Hirer. The Hirer must ensure that there are sufficient, responsible members of staff available to action the College’s fire evacuation procedure should the alarm sound.

(b) If so required by DCEL the Hirer shall pay for any attendance by the police and/or fire services as DCEL shall consider necessary for the proper conduct of the Event, the regulation of traffic in connection therewith or the protection of the College’s property.

31. Smoking is not permitted in any building at Dulwich College, designated smoking areas will be provided externally for any Event. The use of candles is not permitted in the Great Hall, Lower Hall, Old Library or Edward Alleyn Theatre.

Equipment

32. The Hirer shall not bring any equipment, plant, decorative display or exhibition materials into the College without the prior consent of the DCEL. DCEL may refuse to allow to be brought into the College any article or appliance which it considers dangerous or offensive. If the consent of DCEL is obtained for any electrical equipment such consent is subject to the equipment having been PAT tested the certification of which must be produced upon request to DCEL or any member of College staff.

33. The use of any form of gas-filled balloons, streamers, confetti, naked flame, pyrotechnics, strobe lighting and/or laser systems or other special effects shall not be permissible, save with the prior written approval of DCEL, which shall be at DCEL’s sole discretion and subject to such additional terms and conditions as it shall specify.

34. Under no circumstances may smoke or bubble machines be used anywhere in the College and disco operators must be informed of this rule. (Such machines will set off the sensitive alarms which can ring for several hours.)

35. Where the Event involves the use of language laboratories, theatre, sound or audio-visual equipment the Hirer must engage the services of a qualified member of the College staff to assist (at rates agreed in advance of the Hire Period).

36. When a booking involves the use of the College kitchens by the Hirer’s own caterers, the kitchens must be left as found and the Hirer will indemnify DCEL and the College in respect of any loss or damage to the kitchens or any equipment therein.

37. Where equipment is loaned by DCEL for the purposes of the Event (e.g. sports equipment), the Hirer will be responsible for it during the Hire Period and will be charged for any damage or loss.

38. Under no circumstances will DCEL make good or accept responsibility or liability in respect of any loss or damage of or to any goods or property of the Hirer or of any other person left, deposited or brought into the College or any part thereof, or deposited with any member of College staff.

39. All equipment and other items brought to the Event by the Hirer, its staff and guests must be removed at the end of the Hire Period. If the Hirer fails to remove any article within fourteen days after the Hire Period, DCEL may, without prejudice to any other right or remedy, sell any such article and set off the proceeds of sale against the cost of removal and storage by the College.

Parking

40. The Hirer must not park or permit any vehicle to be parked in the grounds of the College in such a way that it causes any obstruction to other users. The Hirer must only park vehicles in designated areas for the purposes of loading and unloading. Specific loading details are available from the College. Motor cars or other vehicles are to observe the 10 mph speed limit in the College grounds and park only in the recognised parking places. Vehicles may not be taken to the Pavilion without the prior written consent of DCEL. Driving on grassed areas is strictly forbidden.

Noise

41. It is important that noise levels are reasonable and do not disturb College residents or neighbours. The use of PA systems are not permitted externally other than for occasional announcements and then the volume must be kept to a level agreed between the Hirer and DCEL. Where audio equipment noise limiters are fitted they must be used. Requests from DCEL to turn sound down must be complied with immediately. If not, DCEL reserves the right to turn off the music and ask the Hirer and its guests to leave the College. All sound suppliers must be made aware of the importance of complying with the use of noise limiters.

Termination

42. DCEL may terminate the Hire Agreement on immediate notice:

(a) if in the opinion of DCEL the purpose for which the Hire Area is one which is likely to lead to a breach of the peace or otherwise be regarded as inappropriate for holding at the College;

(b) if the Hirer or any of its staff, contractors or guests brings illegal drugs or other illegal substances onto College premises or grounds;

(c) If any member of DCEL or College staff or visitor is subjected to any abuse or threat by the Hirer or any of its agents, sub-contractors, suppliers or guests;

(d) if the Hirer intends to use the Hire Area for any purpose other than the Event specified in the Hire Agreement;

(e) if by act of God, war, riot, invasion, fire, flood, accident, power cut, strike or walkout, government interference, regulations, appropriations, attack by terrorists or other activists or extremist organisations or pandemic or on the instructions of the police or armed forces or other conditions beyond the reasonable control of DCEL the College shall be closed or not available for hiring;

(f) if the Hirer, its servants, agents, licensees or invitees or any person using the College in connection with the Event shall breach or fail to observe or perform any of terms and conditions of the Hire Agreement;

(g) (where the Event involves the use of the College’s sports grounds) in the event of bad weather or poor pitch conditions;

(h) in any other circumstances where DCEL believes that it would be to the detriment of the College, its pupils, or its reputation to hold the Event;

(i) if the Hirer ceases to trade or carry on business or is unable to pay its debts, or becomes insolvent or goes into liquidation or receivership of administrative receivership or is wound up for any reason.

43. The Hirer shall be entitled to cancel the Hire Agreement by giving written notice to DCEL. If the Hirer cancels the Hire Agreement it shall pay the cancellation charges set out in paragraphs 2 and 3 above, as applicable.