Agreements to Conditions of Private Hire

For Private Hire of the Facilities, concerning the permitted use by 2 to 8 persons of the swimming pool, High Mill Pool, Yarmouth Road Ludham NR29 5QZ

The Hirer on making a booking confirms, both (i) to have first fully read and understood these Conditions of Private Hire including the Emergency Action Plan and Pool Rules; and (ii) to be responsible for ensuring all Users that attend the Facilities are made aware of them and abide by the Pool Rules at all times.

Definitions

The following defined words and expressions shall have the following meaning and apply herein.

High Mill Pool: a partnership registered address at High Mill, High Mill Hill, Ludham NR29 5QZ. The company giving use of the Facilities for Private Hire by this Agreement.

Facilities: The swimming pool and all associated facilities situated in and around the pool house on the premises at High Mill to include the designated car park on site, which under this Agreement entitles up to a maximum of 3 vehicles during any Session. High Mill Pool does not provide or arrange supervision of Users at the Facilities, but the Hirer as a condition of use must ensure the supervisors requirements specified are complied with.

Manager: The personal representative of High Mill Pool responsible for the usual daily operation of the Facilities that is to be contacted, and notified, by the Hirer in accordance with this Agreement, and any third parties as required. The nominated Manager, or appointed person to act in such capacity, is contactable using the below details that remain the same at all times unless otherwise informed and provided with alternative details.

Email: highmillpool@gmail.com

Hirer: The Hirer of the Facilities, whose name is specified below and who must be aged 18 years or above, and who is recognised as the responsible person must provide all of their contact details as requested. The Hirers agree to fully abide by: each and all of the Conditions of this Agreement; and to ensure all use of the Facilities is in accordance with the Pool Rules. The Hirer, who acknowledges, to be expressly responsible for the conduct of all Users attending the Facilities during a Session.

User/ Users: Any person(s) attending the Facilities as the Hirer and or member of the Hirer’s party, whether to enter the water of the swimming pool and or to supervise from the poolside or otherwise. All Users when attending the Facilities must abide to these Conditions and the Pool Rules without exception.

Session: The prescribed period of time for Private Hire of the Facilities under this Agreement, whether such term is defined to be periodical, regular, or solely for one occasion. Each individual Session is for a period of up to 1 (one) hour in total inclusive of all eventualities. Should the Hirer for any reason fail to sign and return a copy of this Agreement, by post or email, then access and use of the Facilities can be revoked without notice. However, should the Hirer still be granted access/ use of the Facilities then it is by virtue they accept to be immediately on entering bound by all of these Conditions and Pool Rules.

Pool Rules: The specific rules for using the swimming pool, as enclosed, and that form part of this Agreement. The Hirer agrees to adhere to all the rules, which may be updated from time to time. The rules become effective when agreeing to this Agreement and remain in force at the time of the booked Session unless or until the Hirer is provided with any revisions in writing before the Session. Users are to ensure they have reviewed the specific rules effective for each Session for the safety of themselves and others.

1. This Agreement is Between:

(1) High Mill  Pool

And

(2) The Hirer

And commences from the date of the booking by the Hirer or by any other means asserting acceptance in writing; or

If the Hirer fails to return a signed copy of this Agreement or otherwise provides written acceptance, the Hirer and Users in the party will only be given consent to access and use of the Facilities by virtue of accepting that on entry they are bound by all of these Conditions. In such circumstances, The Hirer confirms all Users for the Session have read, understood and agreed to the Pool Rules, further copies of which are available on site.

2. Period of Hire

2.1 – The Facilities are available for Hire between selected hours and days as specified in the booking calendar.

2.2 – Sessions must be booked in advance by Users, and remain operative, for lawful access to the Facilities for that Session. High Mill Pool prohibits anyone from entering the Facilities unless attending a confirmed Session during which the Hirer is responsible for all persons.

2.3 – Vacancies for Sessions that can be reserved are available via our webpage. The content is updated when bookings are made and or cancelled, and the date/ time of the latest update is specified.

2.4 – Each Session is for a set period of time 1 hour, inclusive of time spent entering and changing.

2.5 – Each Session will commence, and end, firmly on the specific start and end times according to the booking system. Accordingly, the Facilities must be strictly vacated by the end of the Session (or the final Session when more than one is consecutively booked in succession).

2.6 – These conditions apply to all types of ‘Hirer’ (and User(s)) whether periodical, regular, and singular, or otherwise identified, who privately hire a Session for use of the Facilities.

2.7 – A Hirer using the Facilities on more than one occasion, and who already entered into Agreement and has accepted these Conditions remains bound by all of its terms for subsequent hire of Sessions unless relevant notice in writing is given between parties to the contrary, whether in respect of amendment, cancellation, or termination.

2.8 – High Mill Pool may, if necessary, refuse admission to the Hirer or Users without giving reasons and/ or may require any persons to leave the Facilities during a Session.

3. Fee and Payment

3.1 – The Hirer is liable and responsible for payment of all fees.

3.2 – The Fee for each Session shall be applied in accordance with the advertised sum at the time of booking for a specific Session or otherwise agreed for reservations that are more frequent and periodical.

3.3 – All Sessions must be reserved and arranged using the online booking system. The booking of a Session will not be complete and agreed upon until payment is received by High Mill Pool.

3.4 – The fee charged is for private hire of the Facilities and not charged on a per person basis, when in accordance with the permitted numbers for use as per clause 4 below.

3.5 – The Fee agreed between Parties for each Session shall be specified for clarity on the booking system. High Mill Pool reserves the right to undertake a periodical review of the applicable prices and will share any updates on the website and Facebook page.

3.6 – On commencement of this agreement, the Hirer agrees to provide payment at the time of booking. High Mill Pool will render an invoice for payment for booked Sessions on request.

3.7 – High Mill Pool may at their discretion apply additional fees should it grant approval for Users of the Facilities beyond the usual Conditions herein, such as exceeding the permitted numbers for use on specific occasions. Any such use is only agreeable subject to satisfaction of compliance with its own duties under the health and safety laws of England and Wales.

4. Permitted Use

4.1 – The use of the Facilities is dependent upon the Hirer and the Users observing and abiding fully with the Pool Rules.

4.2 – Permitted Use means the ordinary requirement for there to be a minimum of 2 (two), and no more than 8 (eight), Users during any Session. The Supervision Ratio (clause 5) applies.

4.3 – When there is a minimum number of two Users only, the requirements are they must:

(i) Both be above the age of 8 years; and
(ii) one of whom must also be aged 18 years or older and be a capable and competent swimmer.

The Hirer is responsible for ensuring the age and competency of Users in accordance with the Conditions. The Supervision Ratio always applies.

4.4 – High Mill Pool strictly does not agree or allow any User to be alone when entering or utilising the Facilities, for any period of time. In particular, no individual User must be in the water of the swimming pool unless they are visible by another User. The restrictions against alone or unattended access and swimming is for the safety and welfare of all Users. Checks will be carried out from time to time, without notice, to ensure this does not happen.

4.5 – The Hirer acknowledges that Mill Hill Pool does not provide for any lifeguard supervision, or any such person, to be on duty or otherwise present at the Facilities during a Session. Therefore, the Hirer agrees to be responsible for conforming with these Conditions regarding Permitted Use and the Supervising Ratio. The Hirer is responsible on their own assessment of Users for a Session as to whether a lifeguard is required and is responsible for all matters and costs in connection to any such process. High Mill  Pool is not involved with assessing the suitability or qualification of any such third party, and the Hirer retains responsibility for ensuring adherence to the Permitted Use and supervision Conditions herein under all circumstances.

4.6 – The Hirer expressly agrees to be solely responsible for the health and safety of themselves and Users during all times when attending and using the Facilities, whether during the Session or otherwise.

4.7 – The Hirer, and or person(s) supervising, must have access and be able to readily use a mobile telephone at all times in case of an emergency. The Hirer is responsible for checking such device is fully charged and in good working order at the commencement of a Session.

4.8 – The site location is displayed on the Pool Rules safety signage and should be given to emergency services in the event of an accident.

4.9 – Any damage or hazards caused or identified by the Hirer/ User to be notified to the Manager without delay

4.10 – The Hirer and Users must partake in any evacuation drills or procedures operated by High Mill Pool.

5. Supervising Ratio

5.1 -The Supervision Ratio as specified in this part always applies and is a requirement for Permitted Use of the Facilities, for which the Hirer is responsible.

5.2 – For the purpose of the Supervising Ratio, a person must be aged 18 years or above and also be a suitably capable swimmer to be defined as a ‘Supervisor’.

5.3 – There must be a minimum number of two Users, which are both above the age of 8 years and at least one of whom is defined herein as a Supervisor.

5.4 – No User under the age of 8 years is allowed in the swimming pool and surrounding enclosure without a Supervisor. The Supervisor must accompany children under such age at all times whether within the water of the swimming pool, surrounding and changing area, or otherwise. Those under the age of 8 must not be left unattended by a Supervisor for any period of time or under any circumstances.

5.5 – Solo and individual swimming is restricted. A Supervisor must be within touching distance when supervising persons within the water of the swimming pool.

5.6 – The Supervising Ratios are the absolute minimum requirements, and Users must always check whether further arrangements are required in the interests of health and safety.

1. Under the age of 4 years must have 1:1 supervision by a Supervisor;
2. Between the ages of 4 and 8 years must have 1:2 supervision by a Supervisor;
3. Disabled persons, those suffering with mobility conditions and non-competent swimmers of any age should have 1:1 supervision by a Supervisor.

5.7 – The maximum number of 8 Users permitted at the same time is the total whether within the water of the pool or surrounding area.

​6. Responsibilities of the Hirer

It is the responsibility of the Hirer to ensure that they and any Users of the Pool:

6.1 – Abide at all times by the Pool Rules, of which forms part of this Agreement;

6.2 – Act in accordance with all of these Conditions, and in particular is responsible for checking the Permitted Use and Supervising Ratio is being complied with by all persons.

6.3 – The Hirer in agreement as the responsible person must be personally and physically present at the Facilities during a Session at all times. The Hirer remains the responsible person under this Agreement at all times and cannot assign the obligations upon him to any other party.

6.4 – Ensure they have access to mobile telephone that is charged and in good working order for the duration of a Session should it be required in the event of an Emergency,

6.5 – The Hirer agrees to familiarise himself with the emergency procedures for first aid, fire, and accident reporting, which are set out in detail on the Emergency Action Plan page on the website. document on site. All accidents must be recorded in the Accident Book and therefore must be reported to the Manager on behalf, by phone or email, as soon as possible and before departing the Facilities.

6.6 – Take all necessary and reasonable steps to assess risks in connection with all Users attending a Session for which the Hirer is responsible including, but not limited to, health, medications, swimming competency, and alike.

6.7 – Ensure adequate measures and steps, including lifeguard appointment, are implemented based on the assessment carried out of all Users attending.

6.8 – Ensure that the Hirer and Users do not wear outdoor footwear inside the Facilities.

6.9 – Notify the Manager immediately of any fault or damage to the Facilities whenever identified and however cause.

6.10 – Ensure that, if necessary, the Hirer and its Users have adequate personal accident insurance.

7. Responsibilities of High Mill Pool
It is the responsibility of High Mill Pool to ensure that the:

7.1 – Hirer, and any User(s) attending under their control and responsibility, have exclusive use of the Facilities during the booked Session. This is subject to High Mill Pool employees, Managers, or authorised third-party representatives on its behalf accessing the Facilities, without notice, in respect of inspections, maintenance, cleaning or other reasonable reason for the ongoing operation of the Facilities.

7.2 – To provide the Hirer with access in a timely manner to ensure no delay is caused on arrival to the Facilities to the extent it adversely affects the time of the Session. This does not include occasions that may arise due to failing by the Hirer to return the signed agreement or otherwise expressly assent to it in writing in advance. If such circumstances arise, there may be delay in enabling access whilst checks are carried out with the Hirer to ensure they review and understand these Conditions and Pool Rules.

7.3 – Ensure changing facilities are available for use by the Hirer and its Users;

7.4 – Ensure that the pool is fit for use during a Session.

8. Cancellation of the Session

8.1 – The Hirerer is liable for payment of an agreed price for any cancelled session. Refunds will not be offered in cases of cancellation.

8.2 – High Mill  Pool may cancel the Session, where the Facilities cannot be used for reasons beyond the reasonable control of High Mill Pool, such as emergency maintenance, breakdown of equipment or water shortage, and alike. In those circumstances, the Hirer shall receive full credit in respect of the cancelled Session, which shall be applied against the Hirer’s next unpaid Session.

8.3 – High Mill Pool may cancel any booked session at their discretion with 48 hours’ notice and will offer either a refund or rescheduled session as the hirer prefers.

9. Liability

9.1 – High Mill Pool does not accept liability for any loss or damage suffered by the Hirer or Users arising out of any breach by the Hirer or its Users. This does not exclude High Mill Pool’s statutory liability for any loss or damage arising out of any negligence identified on its part.

9.2 – The Hirer is responsible for all costs incurred by the owner through misuse of the pool or failure to adhere to the Pool Rules or any of the terms of these conditions and agreement.

10. Termination

10.1 – Either party may terminate this agreement by giving the other notice in accordance with the rights to cancellation of a Session as above.

10.2 – Any notice served under this clause should be in writing by post or email using the contact details for each party specified herein or otherwise last known and used between them.

10.3 – High Mill Pool reserves the right to terminate this agreement with immediate effect (including if necessary, part way through a Session) where the Hirer or any of its Users fail to comply with these Conditions or the Pool Rules.

10.4 – In such circumstances, the Hirer agrees:

(a) If the agreement is terminated part way through a Session, they forfeit the Fee in respect of that Session in its entirety;
and
(b) High Mill Pool has sole discretion in deciding whether the particular Hirer and/ or User is further entitled to attend the Facilities at any point of time in the future, under any circumstances, whether in the capacity of Hirer or User.

11. Change of Rules

11.1 – High Mill  Pool reserves the right to change the Pool Rules at its discretion, in which case it shall send a copy of the new rules to the Hirer using their last known email address. In such circumstances, the Pool Rules forming part of this Agreement become effective from the date on which they are deemed to have been served, which is agreed to be 2 days from the date of sending by usual post or from the date and time of sending by email, whichever is the soonest for when both methods may be adopted.

​12. Declaration 

12.1 – I have read and understood all of the above Conditions of Use, and acknowledge my agreement herein is in the capacity of the Hirer and the respective requirements. I have also reviewed and read the Pool Rules which are enclosed and form part of this agreement. I hereby agree to be bound by this agreement and to abide by the Pool Rules.