Hi all,
Below is a template hire agreement. I’ve added the pub details in but it is only a template.
This webpage isn’t linked to our site, don’t panic no one else can read it without the URL.
Sorry it is a bit of a read. I have consulted our insurance, the RCCE, LawDepot and the web to draw this info together.
Important notes
1. our contents insurance DOES NOT cover the stage against any loss or damage outside of the hall. So this agreement ensures it is covered for loss or damage by a hirer. It would be covered on our grounds but have worded the agreement to make the hirer cover it from the moment it goes on their van.
2. Our Public liability insurance DOES NOT cover us outside of the hall. This agreement ensures the hirer covers this liability.
Why is number 2 so important? example scenario. a person has an accident and tries to sue for gross negligence, claiming we didn’t make sure the stage was safe before we hired it out.
WE as individuals (not the CCA) are the ones being sued. This is especially true for whichever one of us actually signs the agreement. We would be personally responsible for legal costs and the consequences of the legal action. If something like this happens on hall premises we are covered by our own public liability and trustee indemnity insurances. This includes legal cover in this instance.
3. A nominal rent of £1 is important as hiring out for £0 doesn’t validate the contract (businesses sell for £1 instead of £0 for this reason), and hiring out for a high amount like £50 suggests we are doing so for profit and is against our constitution. We suggested a donation in lieu of this.
4. Who is putting the stage up and down? We should provide the manufacturer instruction video.
5. Concern that we should have the stage serviced after every hire because we can’t be certain how a 3rd party has treated the stage, so as to cover ourselves against a possible lawsuit. We have to show we are maintaining the equipment to safeguard any users of the stage.
Everything I can find on this suggests that this level of maintenance might be overly cautious. We do not go to this level of care after every use at the hall but our liability is the same. We are expected to ensure the stage is in good and safe working order even when in use at the hall. We inspect it when we put it up and down ourselves and wouldn’t allow it to be used if something was wrong or unsafe. We could evidence that this happens if needed. I would suggest an inspection of us operating the stage up and down to inspect it immediately before and after the hire would constitute “ensuring the stage is in working order and fit for purpose.” on our part.
6. I did wonder and appreciate while drafting this if this is all over the top, not that we don’t want to insure ourselves against a loss but is a whole contract like this overkill. The RCCE helped me and said…”it is the responsibility of the trustees to act in the best interest of the trust, including protecting their assets. allowing the stage to be taken off site and allowing it to be used elsewhere without loss and/or liability cover is gross negligence” I take this to mean we shouldn’t knowingly accept such a high risk when there is a simple solution, i.e a contract.
EQUIPMENT HIRE AGREEMENT
THIS EQUIPMENT HIRE AGREEMENT (this “Agreement”)
dated this__________day of___________________, 20_____
BETWEEN:
Canewdon Community Association & Village Hall of Lambourne Hall Road, Canewdon, Essex, SS4 3PG
(the “Owner”)
OF THE FIRST PART
-AND-
The Anchor Pub of High Street, Canewdon, Essex, SS4 3PA
(the “Hirer”)
OF THE SECOND PART
(the Owner and Hirer are collectively the “Parties”)
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
Definitions
1. The following definitions are used but not otherwise defined in this Agreement:
а. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
b. “Equipment” means Stage which has an approximate value of £6,000.00.
c. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
Lease
2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
Term
3. The Agreement commences on 5 May 2025, is for a term of one day, and will be renewed on a day-to-day basis (the “Term”).
Rent
4. The rent for the Equipment, inclusive of VAT, will be £1 (the “Rent”) and the Rent will be paid prior to the Hirer taking possession of the Equipment.
Delivery of Equipment
5. The Hirer will, at the Hirer’s own expense and risk, pick up and transport the Equipment from Canewdon Village Hall, Lambourne Hall Road, Canewdon, Essex, SS4 3PG.
Use of Equipment
6. a. May only be erected and collapsed by the named hirer. Following the provided manufacturers instructions.
b. The hirer will use the equipment carefully and only for its intended purpose.
c. Comply with all manufacturer requirements/recommendations and with all applicable laws. d. Not alter/modify the equipment without the permission of the owner.
Repair and Maintenance of Equipment
7. The Hirer will, at the Hirer’s own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Hirer will supply all parts that are necessary to keep the Equipment in such a state.
8. If the Equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted.
The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Hirer written notice of and invoices for the said repairs. Upon receipt of such invoices, the Hirer will immediately reimburse the Owner for the actual expense of those repairs.
9. The Hirer may, but is not obligated to, enforce any warranty that the Owner has against the supplier or manufacturer of the Equipment. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.
Warranties
10. The Equipment will be in good working order and good condition upon delivery.
11. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
Loss and Damage
12. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
13. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
14. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
15. The Equipment is the property of the Owner and will remain the property of the Owner.
16. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
17. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
18. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Surrender
19. At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer’s cost, expense and risk, to the Owner by delivering the Equipment to Canewdon Village Hall, Lambourne Hall Road, Canewdon, Essex, SS4 3PG. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.
Insurance
20. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for insurance against loss of and damage to the Equipment for the full replacement value of the Equipment and will name the Owner as the loss payee.
21. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use of the Equipment. The insurance policy will have limits of at least £1,000,000.00.
22. The insurance will be in the joint name of the Owner and the Hirer so that both the Owner and the Hirer will be protected from liability and will provide primary and non-contributing coverage for the Owner. The insurance policy will have a provision that it will not be modified or cancelled unless the insurer provides the Owner with thirty (30) days written notice stating when such modification or cancellation will be effective.
23. Upon written demand by the Owner, the Hirer will provide the Owner with an original policy or certificate evidencing such insurance.
24. The Hirer appoints the Owner as the Hirer’s attorney-in-fact (“Attorney”) with the power to maintain the above insurance and to secure payments arising out of any insurance policy required by this Agreement. The Attorney has the power to do all acts that are necessary or desirable to secure such payments.
25. If the Hirer fails to maintain and pay for such insurance, the Owner may, but is not obligated to, obtain such insurance, but if the Owner does obtain such insurance, the Hirer will pay to the Owner the cost of such insurance upon notification from the Owner of the amount.
Indemnity
26. The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.
Default
27. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
Remedies
28. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
b. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
c. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of Possession.
d. Terminate this Agreement immediately upon written notice to the Hirer.
e. Pursue any other remedy available in law or equity.
29. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
Entire Agreement
30. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Address for Notice
31. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Owner: Canewdon Community Association & Village Hall, Lambourne Hall Road, Canewdon, Essex, SS4 3PG
Hirer: The Anchor Pub, High Street, Canewdon, Essex, SS4 3PA
Payment
32. All pound amounts in this agreement refer to pounds sterling, and all payments required to be paid under this Agreement will be paid in pound sterling unless the Parties agree otherwise.
Interpretation
33. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
34. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.
Severability
35. If there is a conflict between any provision of this Agreement and the applicable legislation of England (the “Act”), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.
General Terms
37. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
38. Time is of the essence in this Agreement.
39. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
40. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
41. NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.
IN WITNESS WHEREOF Canewdon Community Association & Village Hall and The Anchor Pub have affixed their signatures by a duly authorised officer under seal on this __________day of___________________, 20_____
Canewdon Community Association & Village Hall
___________________________________________
(Witness) Per:________________________________(c/s)
The Anchor Pub
___________________________________________
(Witness) Per:_________________________________(c/s)
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