Community toilet scheme - terms and conditions

1. Rights granted

On payment of the Annual Fee by the Council to the Service Provider:

1.1 The Council, for the benefit of members of the public, shall be permitted unobstructed access to, and use of, the Toilets at the Premises during the normal opening hours of the Premises, for the duration of the Licence Period.

1.2 The Service Provider retains the right in exceptional circumstances to refuse admission to the Premises and/or use of the Toilets.

1.3 The Council shall provide to and thereafter replace at the reasonable request of the Service Provider, signs advertising membership of the Community Toilet Scheme.

1.4 The Council shall have the right, without prior notice or consent, to carry out inspections of the Toilets at the Premises with the Service Provider.

2. Annual sum

2.1 In consideration for the Rights Granted under this Agreement, the Council shall pay the Annual Fee to the Service Provider on receipt of a valid invoice in respect of one year from 1st April to 31st March the following year, unless para. 2.2 shall apply.

2.2 Where the Commencement Date is a date other than 1st April, the first invoice shall be in respect of the period from the Commencement Date to 31st March and shall be apportioned on a pro rata basis.

3. Service Provider’s covenants

The Service Provider shall:

3.1 Ensure that the Premises and the Toilets comply with all applicable statutes and has obtained any consents necessary before entering into this Agreement.

3.2 Display at least one sign showing membership of the Community Toilet Scheme at a location on the Premises agreed with the Council such that it is clearly visible to the public from outside the Premises.

3.3 Provide directional signage to the toilets on the interior of the property.

3.4 Provide a reasonably unobstructed route of access to the premises (and provision for wheelchair access if accessible toilet facilities are offered).

3.5 Provide clear and uncluttered access to all toilets within the premises.

3.6 Maintain the Toilets in a safe and hygienic condition, with a clearly stated cleaning routine and make adequate provision of sanitary bins, toilet rolls, soap and hand dryers/towels.

3.7 Ensure that all employees and staff are aware of the implications of scheme membership.

3.8 Hold public liability insurance at a level of at least £5,000,000 (five million pounds) for any one event or series of related events for the duration of the Licence Period.

3.9 Provide a copy of any extant public liability insurance policy required by para. 3.8 to the Council together with evidence that the relevant insurer consents to the Service Provider and the Premises participating in the Community Toilet Scheme.

3.10 Ensure that neither the Service Provider nor its employees shall under any circumstances hold itself or themselves out as being servants or agents of the Council, or as being authorised to enter into any contract or in any other way bind the Council to performance, variation, release, or discharge of any obligation.

3.11 Give permission for the Council to publicise their business as a participant in the Community Toilet Scheme for the duration of the agreement.  This includes publicity on the Council’s website, social media accounts such as Twitter, Facebook and Instagram and promotional material such as flyers, posters & newsletters.

4. Termination

This licence may be terminated immediately upon:

4.1 Any breach of the terms of this Agreement.

4.2 The Service Provider fails to provide the necessary information that enables The Council to issue payment of the Annual Sum;

4.3 Service of at least one month’s notice in writing at any time by either party to this Agreement on the other, in which case para. 4.4 shall apply.

4.4 Where either party serves notice in accordance with para. 4.3 the Service Provider shall reimburse that portion of the Annual Fee to the Council for the period from the date of termination of the Licence to the following 31st March on a pro rata basis within 28 days, without prejudice to any rights which may have accrued to either party.

5. Assignment

This Agreement shall not be assigned by the Council to any other person.

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