Venue Hire:
Terms and conditions

Interpretation

1.1 In this Contract, the following definitions apply:

Business Day: a day other than a public holiday in England when banks in London are open for business.

Business Hours: the period from 7.30am to 5.00pm on any Business Day.

Charges: the charges payable by the Customer for the hire of the Venue and the supply of Services, as set out in the Booking Form.

Contract: the Contract between the Customer and for the hire of the Venue and the supply of the Services in accordance with the Hire Proposal Document, Booking Form and these Venue Hire Terms and Conditions.

Event: the event or function for which the Customer is hiring the Venue.

Hire Period: the period of time agreed for the hire of the Venue as described in the Booking Form, to include any period of time to arrive at and depart the Venue.

Venue Regulations: the Venue’s policies and procedures relating to smoking, fire and safety, in each case as the Venue may update them from time to time.

Services: the supply of catering and / or accommodation services, as specified in the Booking Form.

Venue: the area(s) to be hired by the Customer, as specified in the Booking Form.

1.2 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.

1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

1.4 A reference to writing or written includes email.

2. Confirmation of Hire

2.1 Venue bookings shall be held provisionally for 10 days if more than 30 calendar days before the date of the Event and 5 days if 30 calendar days or less before the date of the Event following initial inquiry, or, if such time is not available before the date of the Event, for a maximum of 24 hours. After this time, the Venue reserves the right to release the provisional booking.

2.2 This Contract shall come into effect on the date of the Contract. Until that time, bookings for hire will be treated as provisional.

3. Supply of services

3.1 The Venue shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.

3.2 In supplying the Services, the Venue shall:

(a) perform the Services with reasonable care and skill;

(b) ensure that all facilities are:

fit for the purposes, uses and functions for which they are intended; and

meet any requirements described in the Booking Form or Hire Proposal Document, or reasonably able to be inferred from, the Contract; and

in the case of toilets, are clean and in compliance with applicable health and safety requirements for sanitary conveniences;

(d) comply with all applicable laws, statutes, and regulations from time to time in force.

4. Charges and Payment

4.1 The Customer shall pay the Charges in accordance with this Clause 4.

4.2 The Venue shall issue an invoice for the Charges, which shall be payable by the Customer within 7 days of receipt of the invoice.

4.3 The Venue may issue an additional invoice after the Event for any further Charges due which were not included in the invoice issued pursuant to Clause 4.2. Such Charges may include those payable for any extra cleaning, the full cost of mending any damage or excessive wear and tear to the site and / or property, final alterations to the Services, or for guests attending the Event in excess of the number estimated by the Customer. Charges invoiced pursuant to this Clause 4.3 shall be payable by the Customer within 7 days of receipt.

4.4 All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Venue at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.

4.5 If the Customer fails to make any payment due to the Venue under the Contract by the due date for payment, then, without limiting the Venue’s remedies under Clause 7, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

4.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5. Catering and Accommodation Packages

5.1 Catering and accommodation packages must be ordered at least 4 weeks before the date of the Event and are non-refundable.

5.2 The Customer shall confirm the final catering numbers at least 20 Business Days before the Event. Charges for the Services will be calculated on the final catering number or the number actually attending, whichever is the greater.

5.3 Special dietary requirements should be notified to the Venue no later than 20 Business Days before the Event. Provision of special dietary requirements is included within the Charges.

6. Liability

6.1 The limits and exclusions in this clause reflect the insurance cover the Venue has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss. It is recommended that the Customer obtains insurance cover in respect of all risks which may be incurred by the Customer, arising out of the Event.

6.2 The restrictions on liability in this Clause 6 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

6.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence; and

(b) fraud or fraudulent misrepresentation.

6.4 Subject to Clause 6.3, the Quarry shall not be liable for:

(a) the death of, or injury to, the Customer or that of the Customer’s employees, contractors or any other guests or invitees to the Venue; or

(b) damage or theft of any property of the Customer or that of the Customer’s employees, contractors or other guests of invitees to the Venue.

6.5 Subject to Clause 6.3 and Clause 6.4, the Quarry’s total liability to the Customer shall not exceed the total sums payable by the Customer for the Venue hire and associated Services.

6.6 Subject to Clause 6.3 and Clause 6.4, this Clause 6.6 specifies the types of losses that are excluded:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss.

6.7 Unless the Customer notifies the Venue that it intends to make a claim in connection with this Contract within the notice period, The Venue shall have no liability for that claim. The notice period for a claim shall start on the day on which the Customer became, or ought reasonably to have become, aware of its having grounds to make a claim in respect of the incident and shall expire 6 months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

7. Cancellation

7.1 The Venue may cancel the Contract with immediate effect by giving the Customer or Customer’s authorised representative notice in writing if:

(a) the Customer fails to pay any amount due under the Contract on the due date for payment;

(b) the Customer commits a material breach of any term of the Contract;

(c) the Customer takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this Clause 7.1(c)

(d) the Customer suspends or ceases, or threatens to suspend or cease, carrying on business;

(e) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy; or

(f) the Customer is unable to perform its obligations in connection with the Contract pursuant to Clause 11.1.

7.2 The Customer may cancel the Contract:

(a) by notice in writing to the Venue for convenience at any time (other than for a reason to which clause 7.2(b) applies); and

(b) by notice in writing to the Venue in the event the Venue fails to provide the Services in accordance with clause 3.2(b) for a period equal to or in excess of 25% of the Hire Period which failure is remediable and fails to remedy the failure within a period of 10 working days after being noticed in writing to do so.

7.3 If the Contract is cancelled under Clause 7.1(a), Clause 7.1(b), Clause 7.1(c), Clause 7.1(d), Clause 7.1(e) or Clause 7.2(a), the Quarry will use reasonable endeavours to re-book the Venue but reserves the right to charge a cancellation fee. Any sums already received by the Quarry under this Contract will be deducted from the cancellation fee. The cancellation fee shall be:

Cancellation before the date of the Event

Cancellation fee

More than 16 weeks before the date of the Event

100% of the Charges

More than 10 weeks but less than 16 weeks before the date of the Event

50% of the Charges

Less than 10 weeks before the date of the Event

Non-refundable

7.4 If the Contract is cancelled under Clause 7.2(b) the Quarry will refund the Customer any sums paid to the Venue for the remainder of the Hire Period.

7.5 On completion or cancellation of the Contract for whatever reason:

(a) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and

(b) completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

8. Arrival & Departure

Access times to the site are between 0730-0800. Sessions run from 0900-1600, and departure times are 1630-1700.

9. License and Use of Venue

9.1 Subject to Clause 7, The Quarry grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Customer acknowledges that:

(a) the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between The Venue and Customer by this agreement; and

(b) The Venue retains control, possession and management of the Venue and the Customer has no right to exclude access to the Venue. The Quarry reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.

9.2 The Customer agrees and undertakes:

(a) not to use the Venue other than for the Event;

(b) to ensure that any guests or other persons present at the Event always remain within the defined areas;

(c) to ensure that any guests or other persons present at the Event only smoke in the designated training areas and dispose of cigarette butts and other litter appropriately;

(d) not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Quarry or to any other customers of the Quarry, or any owner or occupier of neighbouring property (candles, indoor fireworks, bonfires, firepits or any other type of fire (whether internal or external) are not allowed under any circumstances);

(e) to comply (and ensure that its staff and agents comply) with the terms of this Contract, the Venue Regulations, and any instructions or notices from the Venue, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;

(f) not to cause or permit to be caused any damage to The Venue, including any furnishings, equipment or fixtures at the Venue;

(g) not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;

(h) not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of The Venue;

(i) not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of The Quarry;

(j) to use any equipment provided by The Venue for its proper purpose and in accordance with any instructions provided by The Venue regarding its use;

(k) to leave the Venue in a clean and tidy condition and to remove the Customer’s displays and any other Customer equipment from The Venue at the end of the Hire Period;

(l) to ensure that all guests arrive and depart The Venue in the windows specified in Clause 8; or

(m) not to bring or permit to be brought any animal onto the Venue without the prior written consent of The Quarry, with the exception of assistance dogs within the meaning of the Equality Act 2010.

9.3 The Customer shall ensure that the guests behave in a responsible and safe manner at the Event, and The Venue reserves the right to remove or request that the Customer removes guests that do not do so from the Venue.

9.4 The Customer shall nominate a lead and deputy responsible for the safety of any guests or other persons present at the Event. The escape route and muster points will be briefed each morning to those responsible, and it shall be their responsibility to cascade this accordingly and adhere to such requirements in the event of an emergency.

9.5 The Venue maintains a high level of security. The Customer must not use any third party security provider without the prior written consent of the Venue.

10. Data Protection

Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).

11. General

11.1 Force majeure

(a) Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control. The time for performance shall be extended accordingly. If the period of delay or non-performance continues for 30 days, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.

(b) The Venue shall use reasonable endeavours to provide alternative accommodation when an event or circumstance beyond its reasonable control means it cannot provide the accommodation specified in the Booking Form.

11.2 Assignment and other dealings

(a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without The Venue’s prior written consent.

(b) The Venue may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

11.3 Confidentiality

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except as permitted by Clause 11.3(b). For the purposes of this Clause 11.3, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

(b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 11.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

11.4 Entire agreement

(a) The Contract constitutes the entire agreement between the parties.

(b) Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

11.5 Variation

No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11.6 Waiver

(a) A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

(b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.

11.7 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 11.7 shall not affect the validity and enforceability of the rest of the Contract.

11.8 Notices

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or

(ii) sent by email to such email address as each party shall notify to the other for this purpose.

(b) Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting;

(iii) if sent by email at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

(c) This Clause 11.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

11.9 Third party rights

This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

11.10 Governing law and jurisdiction

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Venue Hire:Terms and conditions