HIRE OF PREMISES BOOKING CONTRACT
Terms & Conditions of Contract for Private Room and Facilities Hire & Catering at Kindred
1. The Agreement
1.1 These Conditions of Hire and Use ("the Conditions") shall be read and construed in accordance with the Booking Contract to which these Conditions are annexed.
1.2 The Agreement shall be governed solely by the Booking Contract and Conditions herein and shall constitute the whole agreement between the Company and the Hirer.
1.3 In the event of any conflict between the Conditions and the Booking Contract, the Booking Contract shall prevail.
In these Conditions, unless the context otherwise requires:
Agreement means the Booking Contract signed by both the Company and the Hirer and constituted by the Conditions and the Hirer’s acceptance.
Associated Services means all additional services provided by the Company in connection with the Event including but not limited to Catering Services.
Booking means the details as noted in the Booking Contract, specifying the date, duration and use of the Premises together with any requirement for Associated Services.
Booking Contract means the record of the Hirer's application for the hire of the Facilities in a form acceptable to the Company.
Event means the performance, exhibition, party, conference, function or other event which is the subject of the Booking Contract.
Facilities mean the Premises and Associated Services provided by the Company in satisfaction of the Agreement.
Guest(s) means any and all persons in attendance at the Event
Hirer means the person(s) and/or company identified as such in the Booking Contract. Premises means meeting rooms, private dining rooms, conference rooms, function rooms and break out spaces.
Company means Kindred Hospitality Ltd.
Company Staff means the staff nominated by Kindred Hospitality Ltd to be present at the Event and in which the Company has vested its authority.
3. Hire of Premises
3.1 The Company's policy for the hire of the Premises is guided by its Equality and Diversity Policy, which commits the Company to providing equality of opportunity for all, irrespective of their protected characteristics, including but not limited to:
ethnicity (including race, colour and nationality and Caste);
religion or belief;
marriage and civil partnership; and
pregnancy and maternity.
3.2 The Company permits the Hirer to have use of the Premises specified in the Booking Contract for the period, use and during the hours, specified in the Booking Contract for the purpose of the Event.
3.3 Notwithstanding the permission granted in Clause 3.2, the Company reserves the right, exercisable at its entire discretion, to refuse admission to the Premises to any particular Guest or Guests in the interests of security and/or good management.
3.4 The Company may decline hire requests for any reason at any time prior to
conclusion of an Agreement.
3.5 The Hirer accepts that the Premises which are made available in accordance with the Agreement are in all respects fit for the purpose for which they are required. No warranty whatsoever is provided by the Company that any Premises are authorised by statute for any specific purpose.
3.6 The Company requires that all catering on the Premises be undertaken by the Company’s Catering Services. The Hirer shall accordingly ensure that no food or drink is taken onto the Premises without the prior written consent of the Company.
3.7 The Company may require a member of Company Staff to be in attendance in the Premises on any occasion when the Premises are being used and on all occasions when the public is admitted. Duly authorised Company Staff shall have access at all times to the Premises for the purpose of inspection and supervision or in case of an emergency.
4. Hirer's Obligations
The Hirer agrees and undertakes to ensure:
4.1 That the Premises will only be used for the Event.
4.2 That the Event will be conducted in a safe and responsible manner and in accordance with the Company’s Health and Safety Policy, with its Guidance on Organising & Hosting Safe Events, and all relevant regulations, requirements and bye-laws. Where relevant, and in particular where the services of a third party have been engaged, the Hirer will provide evidence of suitable public liability cover, policy statements on safe working practices and relevant risk assessments.
4.3 That the Hirer will have sole responsibility for the administration and organisation of the Event, subject to the Company's overall administration.
4.4 That all instructions are given by Company Staff with regard to the use of the Facilities, and the organisation of the Event, are strictly complied with.
4.5 That the Hirer is required, with the assistance of Company Staff, to familiarise him/herself with the layout of the Premises being hired, the positioning of fire appliances and with evacuation procedures, a copy of which is posted in the Premises.
4.6 That the Premises will be vacated and left in a neat and tidy condition immediately at the end of the hire period and that all property of Guests attending the Event shall be removed.
4.7 That the provision of the Facilities is conditional upon the Hirer completing a site visit of the Company prior to concluding the Agreement to ensure the Hirer is satisfied that the Facilities meet their expectation. The Company has endeavoured to describe all Facilities as accurately as possible in all literature and on its website. If, for whatever reason, a site visit does not take place the Company will not accept any liability for the Facilities not meeting the Hirer’s expectation thereafter.
4.8 That where the Hirer intends to use the Premises to promote goods and services, or for concerts, recitals and other entertainment, no material publicising the Event and no product sold or distributed at the Event shall contain any reference or shall give any impression, to the effect that the Company has endorsed the Event or product. The Hirer will ensure at all times that the product or Event is not promoted or presented in such a manner that any inference would reasonably be drawn that the product or Event is sponsored by or linked to the Company or has the Company’s approval, and will comply with any directions given by the Company to this effect. The Hirer shall not misrepresent its relationship or connection with the Company.
4.9 In particular instances, the Company may require the Hirer to provide qualified First-Aiders at the Event. Any requirement to provide qualified first-aiders will be indicated in the Booking Contract and/or notified to the Hirer in writing 21 days prior to the Event.
5. Booking and Payment Terms
5.1 Provisional Bookings
A Booking is provisional only until a Booking Contract signed by the Hirer, together with any payment or deposit then due, is received and countersigned by the Company. Acceptance of payment and signature by the Company constitutes conclusion of the Agreement. Following the booking request, the Hirer will be issued with the Booking Contract and Conditions for signature and return. If these are not signed, returned and received by the Company within 14 days, any Facilities reserved for the Hirer will be automatically released. Prior to confirming the Booking, the Company reserves the right, exercisable in its discretion, to cancel a provisional booking at any time and for any reason or to solicit and take other bookings for the relevant Facilities.
Prices may increase from the original quotation in line with market fluctuations and inflation. The Company reserves the right to increase the charges from the figures quoted when the Booking was made. No price increases will be made on Bookings taken less than 12 months prior to the Event.
In the event of the rate of VAT being increased or decreased between the date of acceptance of a Booking, and the date of the Event, the VAT charged by the Company will reflect the current statutory rate at the date of the Event.
5.4 Confirming your Booking
When the Booking has been confirmed, the Hirer agrees to pay all the charges that are listed in the Booking Contract when they are due. Where appropriate, the Hirer shall confirm the minimum and maximum numbers for the Booking. The minimum numbers will be the minimum for which the Hirer will be invoiced.
For bookings of 12+ guests, credit card details are required to secure the booking which will be charged for any additional ordered items on the day.
Catering numbers and requirements (menus, timings etc.) must be advised to the relevant Company department at the time of the booking and will be identified in the Booking Contract. Specific details to include timings, menus, numbers and special requests must be confirmed to the Company department at least 14 days prior to the Event, with final numbers expected 7 working days in advance of the Event.
Pre-Orders for both food and drinks will need to be placed at least 7 working days prior to the booking date, excluding bank holidays.
In the event that these details are not confirmed, the Company will charge on basis of the last numbers provided or the number of Guests it serves, whichever is the greater. Any amendments to these arrangements must be received, in writing, by the company no later than 10 working days prior to the Event. These will be the minimum number for which the Hirer will be charged. Late cancellations/reductions in numbers/amendments will be dealt with under the cancellation policy outlined in Clause 5.9.
The company may ask the hirer to authenticate their card in the event of additional charges occurred on the date of the booking, the company has the right to collect the additional charges (including any fines) with the card that was authenticated.
5.5 Deposit and Payment
Unless otherwise specified in the Booking Contract, deposits are normally payable on confirmed Bookings. A deposit of 50% of the Pre-Booked Total (including room hire, food, beverage, AV and any other costs) to be paid to the Company by BACS within 14 days of the date of the deposit invoice. The deposit is non-refundable. If the event is within 14 days of the deposit invoice date, cleared funds must be received by return. The remaining 50% to be invoiced by the Company within 28 days of the Event and paid to the Company by BACS within 14 days of the date of the invoice, unless alternative payment arrangements are indicated in the Booking Contract or mutually agreed in writing by the Company and Hirer.
Full payment of your pre-ordered items and hire fees will need to be processed and cleared into our account at least 5 working days prior to the booking date.
If funds are not received in time, dependent on Company discretion, either: your booking will be cancelled or you will be charged an interest fee until the full payment is received in full.
Interest at the rate of 0.5 per cent above the base rate from time to time of the Bank of England will be payable on all sums remaining unpaid after the due date for payment until payment in full has been received by the Company. If the expression ‘the Hirer’ includes more than one person then those persons will be jointly and severally liable under the terms of the Agreement.
5.6 Credit Check
The Company reserves the right to make a credit check to ensure the Hirer can meet all charges when they fall due. This check will be made before the Company confirms the Event with the Hirer. Should the Hirer's credit rating, at any point, give cause for concern, the Company reserves the right to request full or part payment at any time in advance of the Event. In this circumstance, a staged payment plan may be agreed and written into the Agreement.
5.7 Overseas clients
If the Hirer does not have a UK address or where the UK is not the Hirer's main place of residence, the Company reserves the right to ask for guarantee of payment from a UK bank and to cancel the Booking if the Hirer cannot provide this on request. The Hirer will have the right to withdraw a provisional Booking without charge within 7 days of such a request if this is not acceptable.
5.8 Amendments or changes to the Booking
Amendments or changes to the Booking must be confirmed to the relevant Company department. Reductions in the duration or contracted value of the Booking shall be subject to the Company’s cancellation policy in Clause 5.9.
Should a reduction in numbers of 10% or more be made at any time prior to the Event, resulting in Facilities being released, the Company department will make the Facilities available for resale. Any reductions of 10% or more shall be subject to the Company’s Cancellation Policy in Clause 5.9.
The last opportunity to make changes to your booking will be 3 working days prior to the booking date. This is to ensure we have everything you need in stock.
In the event of the hirer being more than an hour late to their booking, the company reserves the right to cancel the booking. However, the company may instead choose to charge late fees for the disruption caused, this charge is £100 per hour that the hirer is late.
Cancellation of a Booking can be effected only by written notice. Such cancellation will be effective only when received and acknowledged by the Company.
In the unfortunate circumstances that the Hirer has to cancel or postpone a confirmed Booking at any time prior to the Event, the Company department affected will make the Facilities available for resale.
Cancellation provisions will depend on the nature of the Event and are specified in the Booking Contract. Any sums paid in advance will not be refundable in the event of a cancellation by the Hirer. If no provisions are stated the Company reserves the right to raise the following charges if the Event is cancelled/postponed 6 months or less before the Event start date:
More than 9 weeks but less than or equal to 6 months 25% of pre-booked Facilities
More than 5 weeks but less than or equal to 9 weeks 50% of pre-booked Facilities
More than 1 week but less than or equal to 5 weeks 75% of pre-booked Facilities
1 week or less 100% of pre-booked Facilities
The cancellation charges will be confirmed by the Company at the point of cancellation which includes but is not limited to charges for meeting rooms, conference rooms, function rooms, any catering to be provided by the Company and any additional personnel.
The Company may cancel the Booking immediately by written notice to the Hirer in any of the following circumstances:
the Booking may impact adversely on the Company's reputation, or bring the Company into disrepute.
the Company becomes aware of any deterioration in the Hirer’s financial situation such that the Company reasonably considers the Hirer may not be in a position to fulfil its obligation under the terms of the Agreement.
the Hirer is engaged in, or proposes to use the Premises for, any purpose, activity or function which in the Company's view is or may be:
(i) discriminatory in respect of any individual or group including, but not limited to, discrimination on grounds of:
- gender (including segregation between men and women);
- sexual orientation;
- gender reassignment;
- pregnancy and maternity;
- marital status, including civil partnership;
- ethnic origin (including from within the British Isles);
- religion or religious affiliation or belief;
- disability; or
(ii) harassing or derogatory of any individual or group, or likely to cause distress to any such individual or group;
(iii) defamatory or threatening to any individual or group; (iv) illegal or contrary to public policy;
(v) inappropriate or distasteful; or
(vi) contrary to or in conflict with the Company's values or the values of a civilised, democratic, inclusive society.
The Company will not be liable in such a situation for any consequential losses alleged to be suffered by the Hirer as a result of the cancellation of the Booking.
Kindred’s values are of kindness, respect and collaboration. If we feel that during the process of organising your event that these values are being compromised; including placing undue stress and pressure on members of our staff, we reserve the right to cancel your event.
6. Liability for Damages
6.1 As soon as practicable after the holding of the Event, Company staff will inspect and note any damage to the Facilities in a Damage Report. The Hirer will be given the opportunity to be present when the inspection is carried out.
6.2 The Hirer will be responsible for all damage noted in the Damage Report and will indemnify the Company against all losses, damages, costs and expenses incurred or suffered by the Company as a result thereof (except in respect of any damage caused by the Company, its agents or employees or otherwise not being attributable to the holding of the Event).
6.3 The Hirer shall not carry out any alteration to the Premises, Facilities, alter or change any of the fixtures and fittings, decorations or equipment hired under the Agreement without first having obtained prior written consent from the Company.
7. Indemnity and Insurance
7.1 The Hirer shall be responsible for and keep the Company fully indemnified against all damage, damages, losses, costs, expenses, actions, demands, claims and liabilities made against or incurred by the Company (save to the extent that the same should arise from a negligent act or omission of the Company) arising out of:
7.1.1 Any act, omission or negligence of the Hirer or any person or persons on the Premises expressly or implicitly with the Hirer's authority or consent.
7.1.2 Any breach by the Hirer of these Conditions.
7.2 Where so indicated in the Booking Contract, the Hirer will take out the insurance(s) therein specified and will produce evidence of cover to the Company no less than 21 days prior to the holding of the Event. Failure to do so will entitle the Company, acting at its entire discretion, to cancel the Booking forthwith without notice.
7.3 The Hirer shall be solely responsible for insuring of all equipment brought onto Company Premises for the Event against risks of third party, fire and theft.
7.4 All such equipment shall be kept at the Premises solely at the risk of the Hirer and the Company does not accept any bailment in respect thereof, or liability therefore.
7.5 The Hirer shall comply in every respect with any directions given by the Company's insurers and Safety Services in relation to the holding of the Event.
7.6 Whilst the Company uses all reasonable endeavours to ensure the safety of all persons and their property whilst on the Premises, no responsibility is accepted for the liability of property of any description including money, valuables, luggage, clothing or motor vehicles belonging to the Hirer or their Guests.
7.7 The Company shall not be liable for the death or injury to the Hirer or any Guest, or for any loss, consequential loss, damage, claim, action, proceedings, or expenses or other liability of the Client related to this Contract, except where such is due to the Company's negligence, or where the loss cannot be excluded by law..
7.8 Subject to the other provisions of this clause, the Company’s total aggregate liability under the Agreement shall be limited to direct damages in an aggregate amount equal to the total amount paid or payable by the Hirer for the relevant Booking.
8.1 In the event of any breach or non-observance of these Conditions by the Hirer, or by any person involved in the organisation of the Event, then the Company may revoke with immediate effect the permission to use, or to have continued use of, the Facilities.
8.2 Where permission is revoked pursuant to Clause 8.1, all payments by the Hirer to the Company shall be forfeited as liquidated damages.
9.1 The hire of the Premises shall include the provision by the Company of the heating, lighting, cleaning and toilet facilities.
9.2 Any requirements of the Hirer over and above those detailed in section 9.1 must be indicated in the Booking Contract. Where the Company elects to provide such Associated Services, additional charges will be payable, as notified to the Hirer.
9.3 The Hirer shall not be entitled to assign the Agreement or any benefit thereunder, unless with the prior written consent of the Company, which shall have entire discretion. The Company shall be entitled to sub-contract the performance of any part of the Agreement.
9.4 No animals of any kind (except for guide or hearing dogs) are permitted onto the Premises.
9.5 The Hirer is responsible for all Guests who are under the age of 18 and all vulnerable adults.
9.6 The Company welcomes Guests with disabilities. The Premises are compliant and accessible for all.
10.1 The Company shall be responsible for the general security of the Premises.
10.2 Where the Company directs that the Event requires additional security, then the Company, except if otherwise agreed in the Booking Contract, shall provide all such additional security personnel and arrangements and all costs thereof shall be the responsibility of the Hirer.
10.3 Where personnel are employed with the Company's permission by the Hirer for security purposes, they shall comply with any instructions or directions of the Company and shall be properly trained and insured.
10.4 The Hirer shall ensure that the behaviour, dress and language of all Guests and third parties attending the Event is of good order and not offensive, or likely to result in disorderly conduct or otherwise likely to cause a nuisance or annoyance to other persons on the Premises or in the vicinity thereof.
10.5 Where the Event comprises a concert, music show, club night or other event and the target demographic for the Event suggests that it may be appropriate, the Hirer will comply with any measures reasonably required by the police, the Company or any other regulatory or licensing authority for the prevention of the misuse of drugs and in any event use its best endeavours to prevent any such misuse of drugs.
10.6 The Company reserves the right to search all equipment, props and settings and all goods and property brought into its Premises and to remove anything which it deems to present a security or health and safety hazard.
11. Health & Safety/Fire Precautions
11.1 The Hirer shall comply with all applicable health and safety laws and regulations (including but not limited to the Health and Safety at Work etc. Act 1974 and Safety at Work Regulations 1999), and shall comply with any instructions of the Company's Safety Services team in relation to the Event. The Hirer should refer to the Company’s Occupational Health and Safety Policy and the Company’s Guidance on Organising & Hosting Safe Events.
11.2 The Hirer shall observe all fire regulations applicable to the holding of the Event, and shall comply with any instructions of, or measures recommended by, the Fire Authority or required by the Company, in relation to seating and exhibition layouts and emergency exit arrangements.
11.3 The Company is responsible for ensuring the evacuation of the Guests and personnel in the event of a fire or other emergency.
11.4 The Hirer shall not permit smoking by any person present at the Facilities in connection with the Event.
In line with UK Law for smoking in public places, all Company buildings are non- smoking buildings.
There are designated smoking areas on the Premises. These will be highlighted at the start of the Event
or by reception staff on arrival.
12. Compliance with General Law & Statutory Requirements
12.1 The Hirer shall not permit any illegal or any immoral or indecent activities to occur at the Event or use the Facilities for any activities which require a license or other regulatory approval to be carried on in a lawful manner.
12.2 The Hirer shall not organise any gambling at the Event, unless specifically authorised in writing by the Company and in a manner which complies with all legal requirements, the Gambling Act 2005 and any other requirements of the Gambling Commission and/ or any licensing authority.
12.3 The Hirer shall not do anything at, or in connection, with the Event which would amount to a breach of, or be to the prejudice of, any Entertainments License having effect with respect to the Premises. The relevant Entertainments License is on display in the Premises as appropriate.
12.4 The Hirer shall observe all the foregoing and all other statutory requirements or codes of practice issued under statutory authority, and shall not do anything by reason of which the Company might become liable to proceedings under any statute or liable to other legal process.
13. Copyright/Broadcasting License
13.1 The Hirer shall not permit any performance or other act at the Event which is a breach of copyright or other intellectual property rights.
13.2 The Hirer will comply with all directions given to them by the Company in relation to the licenses of the Company held from the Performing Right Society Limited, Phonographic Performance Limited and any other similar copyright licensing body, and shall make all returns to the Company in such form as directed in connection with the Company's obligations under the terms of such licenses.
13.3 Recording or broadcasting of performances shall not be made or permitted by the Hirer, except in accordance with all instructions and directions given or made by the Company in the booking contract.
14. Data Protection
15. Staging, Props etc.
15.1 All staging and props shall be erected and dismantled in a safe manner, and subject to any directions of the Company, and in no circumstances shall any such equipment be affixed by the use of nails to any wall or other internal structure of the Premises. A method statement for the build, safe working practices, risk assessments and third party liability insurance should be submitted as appropriate.
15.2 The Hirer shall ensure that no props or stage settings are left in a position so as to obstruct any passage or likely to cause injury to any person.
15.3 The Hirer shall not permit any toxic, explosive or other dangerous materials to be brought onto the
Premises, except with the prior written consent of the Company and subject to all instructions in relation
thereto as may be given by the Company.
16.1 The Hirer shall give notice in the Booking Contract whether they intend to use any special audio, video, lighting, laser or other equipment in connection with the Event, over and above the standard equipment provided by the Company on the Premises.
16.2 Operation of any such special equipment shall be in strict conformity with all operating procedures dictated by the Company.
16.3 Any extraordinary electricity or other utility supply costs arising from the use of such special equipment shall be reimbursed upon demand by the Hirer to the Company who may require the Hirer to lodge security for the estimated costs prior to the holding of the Event.
16.4 The Hirer shall ensure that any electrical or mechanical equipment complies with all applicable laws and health and safety requirements, and under no circumstances is the client or its agent to interfere with mechanical or electrical services. The Company should be consulted regarding any such electrical or mechanical equipment supplied by the Hirer, and the Company reserves the right to require removal or disconnection of any equipment.
17.1 In the event that Company Staff reasonably consider that there is a breach or anticipated breach of any of the regulations above, they shall have power at their discretion, but without prejudice to the provisions of Clause 8 above, to halt any further performance of the Event until such time as the breach is remedied to their complete satisfaction.
17.2 The Hirer shall not be entitled to any compensation or refund in the event of the Company having to take action under Clause 17.1.
18. Force Majeure
If the Event cannot be held because of the inability of the Company to make the Premises available due to any cause beyond its reasonable control (including fire, explosion or other damage or any act or event of force majeure) or because of any industrial action or dispute involving the Company (all, “Force Majeure”) which occurs prior to commencement of the Event, the Company shall make a refund to the Hirer of all monies paid by him (less the non-refundable deposit and any non-recoverable Company expenditure relating to the Event) but shall not be liable for any losses whether direct or indirect suffered by the hirer as a result of the cancellation of the Event or for any Force Majeure arising during the Event, in respect of which the Hirer is hereby advised to make their own insurance arrangements.
Any delay on the part of the Company in enforcing any term or condition, right or remedy in respect of the Agreement shall not be deemed to be a waiver of any right or remedy whatever of the Company. No waiver by the Company of any default or defaults by the Hirer in the performance of any provision of the Agreement shall operate or be construed as a waiver in respect of any other or further default or defaults whether of a like or different character.
If any provision of the Agreement is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted and the Agreement shall remain in full force and effect as if the provision had not originally been contained in the Agreement. If any such deletion is required, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory provision in place of the provision deleted unless the deletion defeats the original intention of the parties in which case either party may terminate the Agreement.
21. Statutory Powers
Nothing in this Agreement shall prejudice or affect the rights or powers of either the Company or the Hirer under any statute, statutory instrument, regulation, bye-law, order or licence for the time being in force. In the event of any conflict the provisions of the Agreement will, in so far as may be lawful, prevail.
22. Entire Agreement
The Agreement shall constitute the entire and only agreement between the Company and the Hirer with respect to its subject matter and supersedes all previous agreements and understandings between the Company and the Hirer in that respect, and each of the Company and the Hirer acknowledges and confirms that it does not enter in to the agreement in reliance on any representation or warranty or other undertaking not fully reflected in the terms of the Agreement. No amendment, modification or substitution of the Agreement shall be effective unless executed in writing by both the Company and the Hirer.
23. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the UK and the English Courts shall have exclusive jurisdiction in relation to any matter arising under or in respect of the Agreement.