Terms and conditions of hire – football pitch 2023/24 season 

1. Interpretation

In these terms and conditions, the following words shall have the following meanings:

 “Manager” the Environmental Services Manager or nominated representative, of Chesterfield Borough Council

“The Hirer” the person / persons or body of persons making application for the use of a football pitch and any associated facilities.

“Period of Hire” the period during which the Hirer is entitled to use any part of the said football pitch and any time during which the Hirer shall use any part of the said football pitch before or after such period.

“Date of Hiring” the day on which the Hirer is entitled to use any part of the football pitch and associated facilities.

“Council” Chesterfield Borough Council

“Facility” the football pitch and any other additional onsite facilities

2. Scale of charges

The charges for the use of the Facility shall be as attached, but the Council reserves the right to vary them without notice.

3. Payment

(a) Payment for such booking shall be made by the Hirer in full immediately on receipt of the letter of acceptance signed by the Manager, and / or in accordance with the payment schedule indicated thereon. If payment is not received by the due dates the Council will terminate the contract until FULL PAYMENT is received.

(b) Cheques must be made payable to: Chesterfield Borough Council

4. Refusal and general cancellation

(a) The Council reserves the right

(i) To refuse any application as it may deem fit without stating any reason

(ii) To withhold part of the Facility if it is unfit for use

(iii) To cancel any booking on giving 7 days’ notice in writing under the hand of the manager to the Hirer; upon any such cancellation the Council will refund to the Hirer any monies paid in respect of the booking so cancelled but the Council will not be responsible for any expenditure whatsoever in relation to the booking which the Hirer may have incurred or be liable to pay (subject to clause 5).

(b) In the event of cancellation or variation of any “casual or pre-season matches” by the Hirer more than two weeks before the Date of Hiring, the Manager will use his reasonable endeavours to affect a hiring with another Hirer. If, however, the Manager is unable to affect such a hiring and pitch preparation costs have been incurred, then the Hirer will become liable for the full hire costs for the pitch.

(c) In the event of cancellation or variation of any “seasonal” hiring by the Hirer less than eight weeks prior to the start of the season (assumed as 1 September), and the Manager is unable reasonably to effect another hiring, then the original applicant will become liable for all pitch and changing room costs for half of the season. Notification must be received by no later than 30 October if a team wishes to cancel their hiring with effect to the second part of the season (assumed to start 1 January) without charge. If notification is received after this date, then a full half season costs will become due.

5. Cancellation due to football pitch being unfit for use

(a) If in the opinion of the Council the Facility is unfit for use the Hirer and the relevant Football League Fixtures Secretary will be informed by email of such decision and NO hire will take place under any circumstances.

(b) It is the responsibility of the Hirer to provide to the Council a valid and current email address of a club official for the purpose set out in 5(a) and to supply an updated email address in the event of any change to the email address. In the event of the Hirer not having access to a valid email address it will be the Hirer’s responsibility to establish whether or not the football pitch is fit for use by contacting the relevant Football League Fixtures Secretary.

(c) The Council will not liable for any expenditure whatsoever in relation to the booking which the Hirer may have incurred or be liable to pay.

(d) Should condition 5(a) be contravened, the Hirer will pay to the Council the Council’s costs in reinstating the Facility for further use.

(e) Notwithstanding 5(e) in the event that the Facility is unfit for use the Council shall not be liable to refund any part of the hire fee, but may at its discretion and if requested by the Hirer arrange for the same Facility to be made available on an alternative date to be agreed and with no extra charge.

(f) In the event that the Hirer arranges with the Council for use of an alternative facility when the Facility is unfit for use the Hirer shall pay to the Council the charge for that alternative facility and shall not be entitled to a refund of any fees paid for the Facility or alternative facility.

6. Transfer of hire

The Hirer shall not transfer the benefit or burden of the Contract or any part of it.

7. Admission

The Manager shall specify the maximum number of persons who will be permitted to use the Facility or any part of it for any purpose, and the Council reserve to the Manager their other servants and all persons authorized by him, at all times a right of entry to every part of the Facility hired, and a right to refuse admission to or remove from the Facility any person without stating any reason.

8. Use of football pitch and associated equipment

(a) The Hirer may not use the football pitch for any purpose other than that specified in his form of application.

(b) Any equipment used during the period of hire shall be returned to the place it was found at the end of the period of hire.

(c) Any part of the Facility used during the hire shall be left in a tidy and orderly condition at the end of the period of hire.

(d) The Hirer shall not erect and dismantle any equipment provided for the letting, unless specifically authorized by the Council, and then only after such proper instruction on the safe handling of such equipment has been given.

(e) The Hirer is held responsible for the effective supervision of the arrangements and activities in any part of the Facility hired during the period of hire and for the prevention of disorderly behaviour. The Hirer shall comply with any reasonable request of the Manager or other person authorized by him to make such a request.

(f) Young persons must be under the supervision of an adult and the Hirer will be responsible to ensure such supervision and the proper use of the ground and all the equipment and fittings provided.

(g) The Hirer shall be responsible for reimbursing the Council’s expenditure in replacing or repairing any property belonging to the Council which has been lost or damaged during the period of hire.

(h) The hirer will let the council know if any additional training is to be carried out and when this will be.

9. Use of changing facilities (where appropriate)

(a) The responsibility remains with the Hirer to ensure that at the end of each hire, all pavilions/changing room accommodation is made secure, and left in a clean and tidy state for future hirers.

(b) Keys for access to pavilions are the Hirer’s responsibility to collect from and return to Chesterfield Borough Council.

(c) Failure to return the keys within 7 days after use in non-seasonal hires, and 14 days after the termination of the hire period, will result in a charge of £150 for each set of keys and £250 for each alarm fob.

(d) The Hirers failure to ensure that either the electricity or water is turned off after use in the pavilions / changing facilities, will result in an additional account being raised for the estimated number of units of energy used, from the hire date until discovery.

(e) The hirer shall be responsible for reimbursing the council’s expenditure in replacing, repairing any property belonging to the council including vandalism during the period of hire.

10. Fixture notification

(a) All fixtures must be submitted to the Manager, at least 7 days prior to the first Saturday or Sunday season fixture. Any amendments to fixture dates throughout the season, also being submitted 7 days in advance.

(b) The Hirer must inform the Manager in writing of any fixture cancelled in advance, or if time does not permit by telephone midday on the Friday preceding the cancelled fixture.

(c) The Hirer must notify the Manager of any fixture which is cancelled on the day of play. Such notice to be received within 3 days of any such cancellation.

(d) Unless notice is received to the contrary, all fixtures will be assumed played on accordance with the fixtures lists submitted.

(e) No fixture must be played on any of the Councils’ recreation grounds, unless notification has been made and permission granted.

11. Advertising

(a) No function or event shall be advertised or announced until the form of application has been accepted by the Manager and letter of acceptance forwarded to the Hirer.

(b) No person shall fix or exhibit any advertisement in or upon any part of the Facility hired without the previous written consent of the Manager and for this purpose the Hirer shall submit to the Manager for his approval one copy of the Notice or advertisement to be used in connection with the function or event for which any part of the Facility is to be used.

(c) If programs are to be sold or distributed, a copy must be submitted for prior approval by the Manager.

12. Indemnity

The hirer shall

(a) Repay to the Council on demand the cost of reinstating or replacing any part of the Facility hired or any property in or upon the Facility hired which shall be damaged, destroyed or stolen or removed during the period of hire.

(b) Indemnify the Council against all claims, demands, actions or proceedings in respect of the death or injury howsoever or by whosoever caused of or to any person (other than a servant of the Council while carrying out his duties as such servant) which shall occur while such person is in or upon any part of the Facility hired, or arise from any accident or occurrence which shall occur when such person is in or upon any part of the Facility hired or in respect of any loss or damage suffered or sustained by any person in consequence of such death or injury, provided always that the foregoing provisions of this condition shall not apply to damage, death or injury occasioned by or in consequence of fire, explosion, bursting or overflowing from or of any heating, ventilating, lighting, electrical or water equipment or apparatus of the Facility unless such fire, explosion, bursting or overflowing is due directly or indirectly to the act of a person other than a servant or agent of the Council in the course of his duty as such servant or agent.

13. Lost property

The Council, their Officers agents and servants shall not in any circumstances be responsible to the Hirer or any other person for damage to or the loss, theft or removal of any property brought or left by any person (including the Hirer) in or upon any part of the Facility hired (including any cloakroom or dressing room), and the Hirer shall indemnify the Council, their Officers agents and servants from and against all claims, demands, actions and proceedings in respect of any such damage, loss, theft or removal or any loss sustained by any person in consequence of such damage, theft or removal.

14. Parking

(a) Motor vehicles shall not be parked and bicycles shall not be left in any of the exit ways of the Facility hired (such as park entrances / exits) and the Council, their Officers, agents, servants shall not in any circumstances be responsible to the Hirer or any other person for damage to, or the loss, theft or removal of any motor vehicle or bicycle (including the Hirer) and the Hirer shall indemnify the Council, their officers agents and servants from, and against, all claims, demands, actions and proceedings in respect of any such damage, loss, theft or removal or any loss sustained by any person the consequences of such damage theft or removal.

(b) The Hirer shall ensure that all vehicles are parked in the areas so designated for vehicle parking, and NOT on the surrounding boundary grassed and/or paved areas.

15. Insurance

The Hirer will before the date of the hiring, submit to the Council a copy of the Hirer’s / Club’s public liability (third party) insurance certificate (cover to the value of £10 million) for validation purposes. The Hirer will ensure that such insurance cover is maintained for the duration of the hire period, and shall ensure that the Council is in receipt of a current copy of such certificate at all times during the said hire period.

16. Gambling

No sweepstake, raffle or other form of lottery shall be promoted, conducted or held without the previous written consent of the Manager and any such lottery shall comply with the enactment relating to Betting, Gaming and Lotteries.

17. Catering and alcohol

The catering rights may have been let by the Borough Council, please check before making your own arrangements.

Bar facilities are allowed at all park venues depending on the type of event due to take place. The Hirer must clearly state on the Application Form whether a licensed facility is to be provided. It is the Hirer’s responsibility, once approval has been granted by the Council, to correctly follow appropriate licensing procedures, to obtain the appropriate consent and to operate according to the conditions of any license or consent. The Hirer should make enquiries of the council’s Licensing Section for information about procedures.

18. Breach of terms and conditions

If the Hirer shall fail to observe or perform in any respect the terms and conditions herein before stated, the Council may without notice determine the Hirer’s rights under the Contract. Such determination shall not release the Hirer from any of his obligations under the Contract or affect any right or remedy which the Council may have under the Contract or otherwise.

19. Review of these terms and conditions

The Council may at its discretion review and modify these terms and conditions from time to time. The Hirer will be informed of any changes in writing.