One Dalkeith – Terms & Conditions

Terms & Conditions of Hire

Hire of Facility Spaces at Eskdaill Court

The Hirer is responsible for carrying out their own health and safety procedures and risk assessments and is responsible for ensuring all of One Dalkeith’s health and safety procedures and risk assessments are adhered to by their personnel, contractors and guests.

Any damages, breakages or missing items belonging to One Dalkeith may be charged to the card that made the booking.

Hirer should note the following (which form part of the Standard Conditions of Hire) and are applicable to the Facilities booking system:

• It is the responsibility of the Hirer to ensure the entrance to their own hired facility space is supervised.

• Hirer’s Personnel associated with the preparations for the Event will not be permitted entrance to the facility space until the start time indicated on the booking form.

• Facility spaces must be left in the same condition they are found in, with all the Hirer’s equipment and rubbish removed by the Hirer.

• The contact details of the Hirer’s Personnel present at the time of hire must be provided to One Dalkeith’s management at least forty-eight (48) hours in advance of the Event Date.

• It is the responsibility of the Hirer to ensure all licences for music, film, alcohol, etc are obtained within good time and all regulations associated with these licences followed.

• Bars must stop serving thirty (30) minutes before the specified finished time on the booking form and licencing documents.

• Music must stop playing thirty (30) minutes before the specified finished time on the booking form.

• The earliest time the building will be opened to receive the Hirer’s guests is 08.00 hours.

• Earlier access may be granted (in writing) by the Company’s Representative but such earlier access cannot be guaranteed. Where earlier access is granted this will attract an additional cost for the Hirer at the Company’s standard rate.

• The Hirer is responsible for the safety and insurance of their guests. It is the hirers responsibility to supervise any children on site and to carry out all necessary security checks such as a PVG background check.

• The Hirer is responsible for their guests and must ensure children are supervised at all times when inside the building.

• The Hirer is responsible for ensuring all health and safety procedures and risk assessments are adhered to by their personnel, contractors and guests.

• Nothing is permitted to be affixed to windows or walls without prior permission, only Blutac will be permitted for fixing items to the windows.

• Hirers of the kitchen will need to factor in hire time of 20min for induction to the kitchen for the first time. It is the responsibility for each hirer to ensure they keep all enviornmnetla health records up to date when using the kitchen.

• If any kitchen or servery equipment is part of the hire, it is the hirers responsibility to ensure that there is nothing missing or broken at the beginning of their hire and inform the management. Any breakages or missing items will be billed to the hirer.

1. Any bookings made with a discounted rate for charity or community groups must be for the use of the account holders’ charity or community group. Private bookings made from a community or charity discounted account are strictly prohibited and will be deemed invalid and any such fraudulent booking can be cancelled at any point before or during the event by One Dalkeith staff.

2. The Hirer shall be responsible for ensuring One Dalkeith is fully aware of the nature and details of the Hirer’s proposed use and purpose for hiring the Event Space and shall not use the Facility Space for any purpose or activity other than the purpose or activity made known to One Dalkeith at the time of booking.

3. Bookings from persons acting on behalf of a third party must be declared at the time of the booking. This must be declared on the booking form and be highlighted in the BOOKING TITLE. Private bookings made from a community or charity account will not be honoured. Any bookings made, whether payment has been taken or not can be cancelled before or during the event by One Dalkeith staff and the outstanding amount charged to the account and or the discounted account terminated.

4. The Hirer must honestly declare and fully represent at the outset the purpose for hiring the Event Space by declaring what the space will be used for on the booking form. Any actual or apparent misrepresentation may result in cancellation of the Event by One Dalkeith without further liability whatsoever to the Hirer.

5. One Dalkeith reserves the right to refuse any application for Hire where (in its sole opinion) it deems the Hirer’s purpose for hiring unsuitable or inappropriate for One Dalkeith’s building.
6. the Hirer shall not use the Facilities or any part of it for any activities which are dangerous, offensive, noxious, illegal, or immoral or which may become a nuisance to One Dalkeith or any other occupiers of any areas of the Facilities or the owner or occupier of any neighbouring property.

7. The Hirer, its employees, agents, and guests must only use those parts of the Facility Space, which are specified for use in the booking form.

8. The Hirer can request One Dalkeith’s furniture for their event at the time of booking. However, the availability of this furniture is not guaranteed and must be confirmed at least two weeks prior to the Event Date.

9. The Hirer shall not make any alterations, attachments or additions (‘Alterations’) to the layout or appearance of the Event Space or move/remove the Company’s property without the prior consent of the Company. The Hirer shall not place anything on the walls or windows without prior consent.

10. The Hirer shall be responsible for providing sufficient staff (“Personnel”) to ensure the efficient planning, co-ordinating and management of the Event preparations and the Event itself to ensure the smooth safe running of the Event. including personnel to install and remove all equipment and furniture.

11. The Hirer must comply with all requests and instructions issued by the One Dalkeith’s Management with respect to the precise type of entertainment to be provided during the Event. Any specified maximum volume or sound level for music or other entertainment must be strictly adhered to.

12. The times stated on the Booking Form must be strictly adhered to. The Hirer, its employees, agents, and guests must have left the facility space by the end of the hire time. Failing to adhere to the stipulated hire times will result in One Dalkeith incurring additional costs which shall be payable by the Hirer at One Dalkeith’s discretion.

13. At the end of the Hire Period (unless previously agreed) the Hirer must remove all the Hirer’s equipment, furniture, personal possessions, and anything brought and placed therein by the Hirer and/or its guests. If the Hirer fails to do this One Dalkeith shall be entitled to remove the same and shall be at liberty to make an additional charge to the Hirer for so doing.

14. The Hirer must ensure that the number of guests, organisers and staff at the Event do not exceed the total number allowed in each facility space which is stated online in each of the facility’s descriptions. The Hirer’s Personnel must be included in the head count. If the guest numbers exceed the total number of guests stated to such a degree that One Dalkeith (at its sole discretion) regards the Event/Facility Space unsafe, guests may be refused entry, or another facility space may be opened at additional cost to the Hirer.

15. The Hirer can request for a reasonable amount of items to be delivered to One Dalkeith’s loading bay entrance on the date of the Event. These items can then be returned to their storage point after the event, for collection the following morning. The Hirer is responsible for any items delivered to the building before the Event or left at the building for collection the following day. One Dalkeith shall not accept any liability or responsibility for such items. All deliveries and collections must be pre-arranged with One Dalkeith’s Management. It is the hirers responsibility to arrange staff to move deliveries to and from the delivery point.

16. Due to One Dalkeith’s location, there are several locations for parking. The loading bay to the rear of the building mut not be used as a parking space. Nearby parking can be found on Saint Andrews Street if the carpark at the rear of the building is full.

17. Facility hire is assumed to be for personal or private hire. If tickets are to be sold for a public event, written permission must be first granted by One Dalkeith’s management. The Hirer must declare in full, the range of people to who tickets will be given or sold, and if tickets are to be sold, the specific means by which this is to be done. Under no circumstances may the Event or ticket sales be advertised to the public in national or local circulation papers or magazines or in posters or handbills, or social media without the prior written approval of the One Dalkeith’s Management.

18. For fire and safety precautions, the Hirer shall provide One Dalkeith with a list of attendees prior to the Hire Date. Ticketed events and their guest’s entrance to the facility space must be managed by the hirer. Guest lists will be destroyed following the event and no data will be kept on file by One Dalkeith. In case of an evacuation event from the building, the hirer must ensure they can produce a list of all attendees.

19. While the Event is in progress, the Hirer shall take instructions/directions from any member of One Dalkeith’s staff concerning health, safety, and security matters. One Dalkeith’s Manager on duty will assume full control and responsibility for procedures, including, where appropriate, evacuation procedures if their perception is that any security matter (including but not limited to bomb, fire, or the behaviour of Event attendees) warrants such control and implementation of procedure.

20. One Dalkeith is designated as a ‘no smoking’ area and the Hirer shall use all reasonable endeavours to enforce this policy during the Hire Period.

21. The Hirer shall not bring any petrol, petroleum (or similar spirit), illicit or illegal substances on or into the building. This shall be a condition of access to the building.

22. The Hirer shall be responsible for maintaining the proper order and conduct of all guests attending the Event and shall ensure such persons comply with any instructions they may receive from any One Dalkeith official and generally behave in an appropriate manner. One Dalkeith reserves the right to remove any person attending the Event from the premises if in its opinion they are not behaving in an acceptable manner and/or are not complying with One Dalkeith’s terms and conditions of access.

23. For ticketed events, a member of the Hirer’s organisation shall always be positioned at the Main Entrance to identify and register guests.

24. All parts of the building and facilities space in use during the Event may be patrolled by One Dalkeith’s team.

25. The Hirer should not employ security staff without the prior permission of One Dalkeith. Events which are highly likely to attract the presence of political or activist organisations or involve guests of significant political or public interest will require additional security and this should be advised to One Dalkeith at the time of booking. Events involving invitations to Royalty, senior Members of Parliament, celebrities, or anyone else who may require additional security because of public or press interest must also be advised to One Dalkeith at the time of booking. Failing to notify One Dalkeith at the time of booking may incur higher than normal security and policing costs. In any circumstance, where One Dalkeith deems additional security/policing necessary the Hirer shall be responsible for the settlement of any consequential costs and expenses.

26. One Dalkeith reserves to itself, its staff and its authorised persons (including but not limited to police and fire officers) at all times and without liability to the Hirer the right to suspend or control in such manner and to such extent as One Dalkeith may consider necessary, any situation, action, person or event occurring during the Event, which is in breach on the part of the Hirer of the terms of this Agreement or which may constitute a danger to public safety (including the safety of the persons present at the Event) or which may cause a breach of the peace or which may be considered to be harmful, undesirable or offensive.

27. One Dalkeith reserves the right to charge the Hirer the following cancellation fees: Cancellation greater than 12 weeks before the Event Date, a full refund.

Cancellation greater than 4 weeks and less than 12 weeks notice before the Event Date 75% of full price hire fee.
Cancellations of less than 4 weeks are non-refundable.
One Dalkeith at its own discretion may after consideration allow for booking dates to be deferred/ rescheduled if cancellation is out with the power of the Hirer.

28. Any termination of the facility hire shall be without prejudice to any rights or remedies that may have accrued to One Dalkeith up to the point of termination.

29. The Hirer shall indemnify and keep indemnified One Dalkeith from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by One Dalkeith resulting from a breach of this Agreement by the Hirer including any act, neglect or default of the Hirer its officers, servants, agents or guests and breaches in respect of any matter arising from the Event resulting in any successful claim by any third party.

30. The Hirer shall effect and maintain throughout the Hire Period with one or more reputable insurers, such policy or policies of insurance as are adequate to cover its prospective liabilities in connection with this Agreement. The minimum cover per claim shall in respect of death or personal injury, be unlimited, and in respect of damage to or loss of property be £5 million per claim (in the case of a company or similar entity) or £2 million (in the case of an individual person), unless otherwise agreed in writing with One Dalkeith, and be unlimited in aggregate.

31. The Hirer shall at the request of One Dalkeith provide evidence that valid and suitable insurance policies are in place. Failing to comply with this clause 9 shall amount to a fundamental breach of this Agreement.

32. The Hirer shall not do or permit or suffer to be done anything which might wholly or partly invalidate any insurance maintained by One Dalkeith in respect of One Dalkeith or which might increase the insurance premium for One Dalkeith. If the Hirer’s proposed use shall increase any insurance premium payable then the Hirer shall reimburse One Dalkeith that additional sum and if One Dalkeith’s insurers impose any special terms, the Hirer shall be responsible for any costs relating to any increased risk management, health and safety issues and for any difference in the excess payable.

33. The Hirer shall indemnify and keep indemnified One Dalkeith from and against all claims, proceedings, actions, damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis), expenses and any other liabilities arising from or incurred by the use of the Hirer, pursuant to performance of this Agreement, of any material which involves any infringement or alleged infringement of the intellectual property rights of any third party.

34. One Dalkeith shall not accept any liability (whatsoever or howsoever caused) for the loss of or damage to any property or items placed or left in any part of the building premises by the Hirer or any person attending the Event, or any damage to the fabric of the building premises during the Hire Period unless the loss or damage is caused by or arises out of the negligence of One Dalkeith, its servants or agents.

35. In the event of the Facility Space or any part thereof being rendered unfit for use for which it has been hired due to circumstances beyond One Dalkeith’s reasonable control One Dalkeith shall not be liable to the Hirer for any resulting loss or damage whatsoever.

36. One Dalkeith shall not be liable to the Hirer for consequential loss or damage, loss of revenue, loss of opportunity, loss of contract or loss of goodwill.

37. The Hirer shall not assign or sublet in whole or in part any of its benefits or burdens under this Agreement.

38. No variation to this Agreement or any of its terms shall be effective unless it is made in writing and signed by or on behalf of each party.

39. One Dalkeith will comply with the Data Protection Act 1998 in relation to this Agreement. To the extent that One Dalkeith acts as the Hirer’s data processor, the Company will ensure that it does not process any personal data other than as instructed by the Hirer and will ensure that it has in place appropriate organisational and technical measures to ensure the integrity and security of and to prevent unauthorised processing of such personal data. The terms “data processor” and “personal data” shall have the meanings given to them in the Data Protection Act 1998.

40. If either party is prevented from or delayed in the performance of any of its obligations under the Agreement by any event (a “Force Majeure Event”) beyond its reasonable control, including, but not limited to, acts of God, civil commotion, war, earthquake, fire, flood, industrial action, terrorist action, inclement weather or political interference, then it shall notify the other party in writing of the circumstances, and shall be excused from performing those obligations for so long as the Force Majeure Event shall continue. If the Force Majeure Event continues for longer than five (5) working days, the party not claiming relief under this clause 22 shall be entitled to terminate the Agreement by giving the other party 5 working days’ written notice.

41. When making a booking for One Dalkeith’ facilities you are bound to these terms and conditions.

Kitchen Hire T&C’s

It is important that One Dalkeith ensure that it is meeting its health and safety requirements, it is important that you look over the documents that will be sent you by email when your booking is confirmed.

You will be asked to complete some electronic forms, both ahead of and during your booking. There is a tablet in the kitchen for you to fill out the electronic forms during your booking.

Please find a breakdown of each of these below:

SIGN IN / OUT

There are individual electronic forms which are to be completed when you sign in and out of your hire times. These will take your basic information and cover off some simple questions including asking for a fridge temperature reading.

 CLEANING SCHEDULE

Naturally, we need to ensure that the kitchen is clean and tidy at all times. You will be asked to complete a checklist before signing out. Please allow sufficient time within your booking to allow for clearing up- we suggest 30 minutes.

There are also forms to help you report ACCIDENTS & ILLNESS

 ALL IN ONE RECORD

Our All In One Record records various temperatures including fridges and cooking temperatures- you may be familiar with this if you have worked in a professional food environment before.

It is important that you record a variety of temperatures that match your cooking over the duration of your booking- particularly high-risk items such as cooked meat or reheating of food (chilli, lasagne etc.)

There will be a probe within the fridge and an additional probe available for measuring temperature- please ensure that this is cleaned and sanitised before and after each use.

You should be using the All-In-One to record a number of temperatures during your booking, the results of which are safely stored online.

Guidelines are below:

Fridges should be <5c

Food should be cooked to above 75c

Food should be reheated to above 82c

Food should be cooled to <3c within 90 minutes

PLEASE NOTE THAT, ALTHOUGH YOU CAN ACCESS YOUR REPORTING AT ANY TIME DURING YOUR HIRE, THESE RECORDS ARE FOR DUE DILIGENCE OF ONE DALKEITH. IF YOU HAVE A RESPONSIBILITY TO KEEP YOUR OWN RECORDS, PLEASE DO THIS SEPERATELY.

RISK ASSESSMENT

We have prepared a general risk assessment covering our kitchen space for the majority of uses. However, it is essential that you perform a dynamic risk assessment before beginning to work in our space to ensure that you mitigate any risks for the safety of all kitchen users and clients.

 BOOKING CHECKLIST

This is to be completed electronically before your booking start time. All of the files mentioned in the checklist will be emailed to you before your booking. You will then be asked to complete the booking checklist before your hire date.

The files for the checklist include

T&Cs

House Rules

Risk Assessment PDF