The condition of all hires are to be read and construed in accordance with the booking form. In these conditions:
- The ‘application’ means the hirer’s application for the hire of the facilities
- The ‘booking’ means the booking on the attached application
- The ‘facilities’ means those parts of the Macphail Centre detailed on the booking form
- The ‘assistant centre manager’ means the assistant centre manager of the Macphail Centre or any person acting under his/her authority
- The ‘Macphail’ means Macphail Centre
- The ‘hirer’ means the person identified on the booking form
- The ‘relevant event’ means the performance, exhibition, conference or other event stated on the booking form
- ‘HLH’ means High Life Highland
- The Macphail Centre is available to groups and individuals to hire for performances
- The Macphail has sound and lighting systems but we do not have a sound/lighting technician, therefore you would be required to have your own
- In cases that the HLH deem appropriate full payment will be requested prior to the let. Otherwise, payment should be made within fifteen working days of receipt of invoice. Non-payment could result in cancellation of future bookings.
- The hirer must provide The Macphail Centre with full details of the requirements of their hire and The Macphail Centre reserves the right to charge accordingly where failure to comply results in additional staff time, hire time and/or loss of earning to The Macphail Centre
- The Macphail Centre offers a box office service for a commission of 15%. This includes ticket sales, local distribution of hirers posters, listing on our website, social media marketing and box office staffing on the evening of the event.
- Please note that small scale hires are not generally taken for more than a three-month period in advance for Thursday/Friday and Saturday nights
Cancellation
- Where the hirer cancels the booking, the refund provisions set out in the cancellation clause below will apply
- Any cancellation of a let should be made in writing to the centre manager at least 72 hours prior to the let. Any let cancelled with less than 72 hours’ notice shall be chargeable at the applicable rate.
- Any cancellation of a theatre production or show should be made in writing to the centre manager at least 2 weeks prior to the let. Any let cancelled with less than 2 weeks’ notice shall be chargeable at the applicable rate.
- HLH reserves the right to cancel a let for whatever reason without entering into correspondence. The decision of HLH shall be final.
GENERAL:
Hirer’s obligations
- The facilities will be used only for the relevant event. Only rooms and equipment for which authorisation has been given may be used.
- Lets will be authorised by High Life Highland (HLH) and will be subject to charges approved by HLH. These charges will be subject to revision as appropriate.
- Priority Bookings: The Highland Council reserves the right to use all schools for such matters as elections, emergency situations etc.
- User groups should ensure that a regular register of all attendees is kept for use in the event of a fire, emergency, or evacuation
- The Macphail Theatre has a maximum audience seating capacity of 187 people in our bleacher seating
- HLH reserve the right to have Macphail staff present during any let at any time
- The relevant event will be conducted in a safe and responsible manner in accordance with any regulations and requirements
- Time must be allowed within the let period for preparation and clearing up time
- The premises must be left in good order and if additional cleaning is required due to neglect by a user group, the charge for this will be invoiced to the user group. HLH reserves the right to charge any user group for any additional costs accruing from lets for additional cleaning charges.
- All instructions given by the assistant centre manager will be strictly complied with
- HLH will not accept responsibility for any property remaining in the Macphail Centre at the end of the event
- The Macphail Centre accepts no responsibility for any technical difficulties with any Audio Visual (AV) equipment or services brought in by the hirer. The use of any AV equipment should be approved by the centre manager prior to an event taking place.
- HLH accept no liability for the safety of persons on the premises arising from the user group’s activity. The Macphail Centre staff should be given a full written report of any accident that occurs during any let or occurring on Macphail Centre premises.
Termination
- In the event of breach of any conditions by the hirer, HLH may revoke, with immediate effect, the permission to use, or continue to use, the Macphail Centre
- Where permission is revoked all payments to HLH may be forfeited by the hirer
- HLH reserves the right, where there is reasonable cause, to cancel the booking at any time. HLH will not be liable for any consequential losses alleged to be suffered by the hirer as a result of the cancellation.
General
- The hire of the Macphail Centre is not transferable by the hirer without written consent from the centre manager
- The hirer will comply with all health and safety or fire instructions issued by the centre manager. The contact person of an organisation will be held responsible for all health & safety and child protection issues affecting their user group and for the good conduct of all present. Each group is advised to make its own arrangements for warning its members of possible dangers of their activity; obtaining consent forms for children involved and keeping record of members of their group present in case of evacuation. The contact person should familiarise him/herself with necessary details regarding fire alarm procedures.
- The hirer will not permit smoking by any person within the Macphail Centre
- The hirer will be responsible for insurance of any equipment brought into the Macphail Centre
- Any complaints arising from a let should be made, in the first instance, to the centre manager. If a satisfactory conclusion cannot be reached the complaint can be passed in writing to the chair of the management committee and then to Highlife Highland area facilities centre manager.
- The hirer will comply with any directions given by HLH’s insurers in relation to the relevant event. HLH is not responsible for any equipment or valuables left in any part of the premises. User groups are advised to make their own arrangements for security.
- HLH advise all applicants to take out public liability and/or personal accident cover for their organisation during the period of the let
- The hirer will not allow any illegal, immoral, or indecent activities to occur at the relevant event
- The hirer will not allow any gambling at the event unless specifically previously authorised by the centre manager, and except in accordance with the betting, gaming and lotteries legislation
- The hirer will not do anything that could prejudice any entertainment licence having effect with respect to the Macphail Centre
- All lost property will be dealt with by the centre manager in accordance with HLH procedures
- The hirer will not permit any performance or other relevant event that is a breach of copyright and must comply with any directions given by the assistant centre manager regarding licences held by SPA
- Recording or broadcasting of performances from the Macphail Centre will not be permitted without permission from the centre manager
Staging, props, sound and lighting
- All staging and props will be erected and dismantled in a safe way, subject to any directions by the centre manager. In no circumstances will any equipment be affixed by the use of nails to any wall or internal structure of the Macphail Centre
- The hirer must ensure that no props or staging are left in a position likely to cause injury or obstruct passage
- The hirer will not permit any explosive, toxic or other dangerous materials to be brought into the Macphail Centre without the permission of the centre manager and must comply with any instructions given regarding these materials
- The hirer shall give notice at the time of the application of any special AV or lighting equipment, other than the standard equipment supplied by HLH, which the hirer intends to use
- Operation of such special equipment must conform with procedures dictated by the centre manager
- Any extraordinary electricity or other utility supply costs arising from the use of the Macphail Centre must be reimbursed upon demand. HLH reserves the right to require the hirer to lodge security against such costs
- Any amplification used in the production shall be at sound levels determined by the Macphail Centre and in accordance with current health and safety legislation and guidelines
Copyright
- The Macphail Centre will supply Phonographic Performance Licence and Performing Right Society Licence (PPLPRS) listing forms for each hirer to complete, listing all individual works used during the performance, then they will contact the PPLPRS about the event
- You, as the hirer have a choice on whether the Macphail Centre or you will manage your own PPLPRS submission. If the hirer would like the Macphail Centre to get in contact with the PPLPRS, they must return the completed PPLPRS listing forms to the centre for forwarding to PPLPRS.
- For events such as popular concerts, classical concerts or variety shows, it is necessary for box office receipts (net of VAT) to be declared to the Macphail Centre for this information to be forwarded to the PPLPRS, as the royalty is usually a percentage of such figures. If the hirer is contacting the PPLPRS themselves, this information needs to be passed onto the PPLPRS by them.
- WE ARE REQUIRED BY LAW TO PROVIDE THE PERFORMING RIGHTS SOCIETY WITH TOTAL BOX OFFICE RECEIPTS FOR ALL PERFORMANCES AND EVENTS WITH LIVE MUSIC.
- IF YOU WOULD LIKE THE MACPHAIL CENTRE TO PROCESS YOUR PPLPRS SUBMISSION, A PERCENTAGE CHARGE OF 4.2% OF TICKET SALES WILL BE ADDED TO THE HIRER’S INVOICE FROM THE MACPHAIL CENTRE. PLEASE HELP US TO EXPEDITE THIS PROCESS BY FILLING IN THE ATTACHED FORM AND RETURNING TO macphailcentre@highlifehighland.com WITHIN 5 DAYS OF YOUR EVENT.
- A £15 discount is given if a full set list is provided from the band/promoter
If the relevant event cannot be held because of the inability of HLH to make the Macphail Centre available due to any cause beyond its control, HLH will make a full refund to the hirer of all monies paid but will not be liable for any loss whether direct or indirect suffered by the hirer as a result of the cancellation of the event.