CAPACITY: Maximum capacity for the WHOLE venue is 100.
‘Booking Form’: means the event form that the client completes which incorporates these terms and the hire price.
‘Event’: means the agreed conditions set out in the Booking Form for which the client may use the Venue.
‘Hirer’: the client to which White Space Alresford agrees to let White Space Alresford for the Hire Period.
‘Hire Period’: The agreed amount of time indicated on the Booking Form to which White Space Alresford agrees to let to the Hirer the Venue.
‘Venue’: is hereby defined as White Space Alresford, The Old Chapel, The Dean, Alresford, Hampshire, SO24 9BQ, the area(s) to which The Hirer and its invitees (including any guests, contractors and their employees) are permitted for the duration of the Hire Period as indicated on the Booking Form. No other space can be used at that time.
‘WSA’: White Space Alresford, as the owner and operator of the Venue.
‘Hire Fee’: the amount agreed by WSA and The Hirer to use The Venue for the Hire Period as described on the Booking Form and in section 3.
‘Duty Manager’: the person employed by WSA to oversee The Venue during the Hire Period. By signing the Booking Form The Hirer agrees to comply with the Terms & Conditions set out in this document, a copy of which has been provided to The Hirer with the Booking Form (and further copies are available on request).
2. The nature and purpose of the event. The Hirer warrants that at the time of completing the Booking Form it will provide accurate and complete information. If for any reason such information provided to WSA at the time of completing the Booking Form was or later becomes inaccurate or incomplete, the Hirer undertakes (by way of a continuing duty after completion of the Booking Form) to provide accurate and complete information to WSA as soon as possible and no later than fourteen (14) days prior to the Hire Period. The Hirer (including any person or organisation on whose behalf the Hirer may be acting) undertakes that any visitors to the premises during the Event will only use the Venue for the nature and purposes identified on the Booking Form.
3. The Hire Fees. In consideration for use of the Venue, the Hirer will pay to WSA a Hire Fee in the amount recorded on the Booking Form or as otherwise agreed between WSA and the Hirer in writing. A damage deposit is payable upon completion of the Booking Form (or as otherwise agreed by the parties in writing) for an amount as set out in the Booking Form. 100% (unless specified otherwise on the Booking Form) of the Hire Fee is payable within five (5) working days of receipt of the invoice issued by WSA. Failure to pay the damage deposit or Hire Fees prior to the Event so may result in access to the venue being denied. The duration of the Hire is as set out in the Booking Form.
4. Hirers designated contact. The Hirer’s assigned contact will make his/herself known to the Duty Manager in advance and upon arrival at The Venue on the day of The Event.
5. Entertainment and Noise. The Venue is in a residential area. The Hirer must ensure that any sound (whether music or other noise) generated by The Event is fair and reasonable as mutually agreed between The Hirer and WSA’s Duty Manager. In the event that the Duty Manager decides that the sound generated by The Event is excessive and requires it to be reduced (whether or not there has been any measurement of the sound levels at the perimeter of The Venue), The Hirer will immediately take reasonable steps to reduce the sound level in accordance with that instruction. It is recommended that all forms of musical entertainment are sound checked on-site in advance of The Event to ensure the highest quality result during The Event. All of The Venue’s recommended suppliers are aware of the technical specification and limitations.
6. Children. The Hirer undertakes to ensure that any visitor bringing one or more children to The Event carefully supervises any such children at all times. The Hirer’s attention is specifically drawn to the health & safety clause below (clause 7) concerning the exclusion of liability for any injuries suffered by visitors to The Event. Persons under the age of 18 are prohibited from consuming alcohol in The Venue.
7. Health & Safety. The Hirer must comply, and must ensure that its contractors comply, with all applicable health and safety legislation whilst within The Venue. The Hirer will not bring plant equipment into The Venue for the purposes of The Event without the prior written consent of WSA. Consent may be refused for any reason, without prejudice to The Hirer’s obligations above, in the case of (i) any additional plant equipment, or (ii) Any substances potentially hazardous to health or property. The Hirer must ensure full compliance with the Health and Safety at Work Act (1974) (or any ‘revising or replacement legislation’), and any Regulations made thereafter or relating to the control of substances hazardous to health (COSHH) copies of which are available from WSA on demand. The Hirer must comply, and must ensure that all its invitees (including any guests, contractors and their employees) comply with: (i) WSA’s safety requirements in operation at the time of the Event, and (ii) any other safety instructions, which may be issued (whether before or during The Event) by WSA or the Duty Manager. The Hirer is responsible for the safety of all its invitees (including any guests, contractors and their employees) whilst within The Venue. The Hirer shall brief its guests, employees, contractors and other invitees of the Hirer on WSA’s fire evacuation procedures.
8. Broadcasting rights. The Hirer is not permitted to grant broadcasting rights (whether sound, television or otherwise) or film rights without the prior written consent of WSA, which may be withheld for any reason. Such consent (if given) may be subject to conditions, including (by way of example only): (i) WSA having a right to participate in any negotiations between The Hirer (or any person claiming rights through The Hirer) and any third party as to the terms and conditions of any such agreement; and (ii) WSA sharing in any income and/or publicity to be derived there from. The Hirer shall not infringe any copyright or other intellectual property rights belonging to WSA, whether before, during or after the Event.
9.1 Any cancellation by the Hirer must be in writing, and will not be effective until received by WSA. If a written notice of cancellation of the Event is received by WSA more than thirty (30) days prior to the date of the Event, The Hirer will remain liable to WSA for any sums due and owing at that date (including any interest thereon). WSA will be under no liability to refund to the Hirer any payments already made by the Hirer other than the damage deposit (as specified above and set out in the Booking Form) if already paid. If a written notice of cancellation of the Event is received by WSA thirty (30) days or less prior to the date of the Event (i) the Hirer shall remain liable to pay to WSA 100% of the Hire Fee and any interest thereon; (ii) WSA will be under no liability to refund to the Hirer any payments already made by the Hirer. In the event of cancellation of the Event by the Hirer, WSA will be under no liability of any type whatsoever to the Hirer (including for any direct or indirect damages or consequential loss of any kind).
9.2 WSA may cancel the Event by notice in writing to the Hirer if any sum has not been paid by the Hirer on the due date for payment or within seven (7) working days thereafter. In those circumstances, the Hirer will remain liable to pay WSA all sums due and owing as at the date of cancellation of the Event. WSA may also cancel the Event by notice in writing to the Hirer: (i) If the Hirer purports to assign the benefit of the contract to a third party without the prior written consent of WSA; or (ii) if the Duty Manager has reasonable cause to believe, on the basis of information not known to WSA at the time of receipt of the Booking Form, that there is a serious risk that the Event is likely to be materially different from that identified on the Booking Form and that such difference might cause damage to the Venue or to the reputation of the Venue or might be a danger to the public. In those circumstances, WSA is entitled to be paid and/or may retain 100% of the Hire Fee payable upon completion of the Booking Form. Further WSA may also cancel the Event by notice in writing to the Hirer: (i) if The Venue or any part of it essential to the Event are reasonably considered by the Duty Manager to be likely to be unfit for use on the date of the Event by reason of circumstances outside the control of WSA, (ii) if circumstances outside the control of WSA and not reasonably foreseeable by WSA at the time of receipt of the Booking Form arise, under which the Duty Manager reasonably requires WSA to cancel the Event, e.g. public security or safety issues. In such circumstances, WSA will refund to the Hirer any payments made by the Hirer to WSA. If WSA cancels the Event pursuant to this clause, WSA will be under no liability whatsoever to the Hirer (including for any direct or indirect losses, damages or consequential loss of any kind) other than that specified within this clause 9.2.
10. Payment The provisions of this clause apply to all payments due from the Hirer to WSA. Time for all such payments is of the essence. The Hirer shall be liable to pay to WSA on written demand no later than fourteen (14) days from receipt of invoice, interest on any payments made late. Such interest will be calculated at the rate of 3% above the base rate of Barclays Bank Plc. All payments should be made by means of BACS to the account specified on the invoice issued by WSA.
11. Liability, Indemnity and Insurance. To the extent permitted by law WSA shall not be liable for any death or personal injury suffered by the Hirer or any persons attending the Event save to the extent that the same was caused by the negligence of WSA. WSA excludes all liability, and the Hirer undertakes to assume liability for any damage to or loss of any items or articles brought into the Venue by the Hirer or any visitor to the Event (including any contractor and their employees), including any articles left at the Venue after The Event. The Hirer will indemnify WSA for the sum of £5million in respect of any damage to or loss of WSA property howsoever caused during or as a result of The Event, save to the extent caused by an employee or agent of WSA. The Hirer shall indemnify WSA and hold them harmless against any claim whatsoever which may be brought against them by any person arising out of the Event, other than in respect of any proven claim for liability for death or personal injury resulting from the negligence of WSA. Without prejudice to the Hirer’s obligations above, the Hirer undertakes to ensure: (i) that the Hirer or any agent of the Hirer has obtained valid public liability insurance cover for The Event in a sum of at least £5 million; (ii) that the hirer, production company, caterer or any other applicable contractor provides to WSA a copy of £5 million public liability.
12. Assignment. This contract is not assignable by the Hirer to any other party without the prior written consent of WSA.
13. General. The headings of each clause are for guidance only and are not to be used as an aid to construction. This contract for the use of the Venue by the Hirer and shall not entitle or confer the Hirer to any property rights in the Venue or any part thereof, and no relationship of landlord and tenant is created by this contract. Any rights of any third party to enforce against WSA the terms of this contract pursuant to the Contracts (Rights of Third Parties) Act (1999) are specifically excluded. Neither party will be liable to the other party for any delay in or failure to perform or comply with its obligations under this Agreement as a result of Force Majeure. Any failure or delay by either party to exercise or enforce any right shall not affect its right to exercise or enforce that right against the other party nor shall any waiver of any breach of any provision be taken as a waiver of any subsequent breach or of the provision itself. To be effective any waiver must be in writing, signed by an authorised representative of the waiving party and be delivered to the other party. This Agreement embodies the entire agreement between the parties regarding its subject matter to the exclusion of any prior communications. The parties acknowledge that neither has placed any reliance on any prior representations, warranties or communications other than those expressly incorporated in this Agreement. The parties irrevocably and unconditionally waive any rights they may have to rescind this Agreement and/or claim damages for any misrepresentation whether or not contained in this Agreement or for breach of any warranty not contained in this Agreement unless such misrepresentation or warranty was made fraudulently. If any provision of this Agreement, not being of a fundamental nature, be held as void, contrary to law or unenforceable, the validity and enforceability of the remainder of the Agreement shall not be affected. This contract shall be governed by the Law of England, and any dispute arising in relation thereto shall be determined by the courts of England, to whose jurisdiction the Hirer hereby submits.