11. Terms and Conditions for hiring the Guildhall
Terms and Conditions for hiring the Guildhall
AGREED TERMS
1. Definitions
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date: the date that the Hirer takes rent of the Guildhall
Guildhall: Exeter Guildhall, High Street, Exeter, EX4 3EB.
Fee: means the fee charged by the Council in accordance with the Rate of Charges document.
Guildhall Rules: means the rules set out in the Schedule.
Hirer: means the person or organisation set out in the Request for Hire Form.
1. Definitions
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date: the date that the Hirer takes rent of the Guildhall
Guildhall: Exeter Guildhall, High Street, Exeter, EX4 3EB.
Fee: means the fee charged by the Council in accordance with the Rate of Charges document.
Guildhall Rules: means the rules set out in the Schedule.
Hirer: means the person or organisation set out in the Request for Hire Form.
2. The Guildhall hire and Fee
2.1 The Council shall hire the Guildhall to the Hirer subject to the terms and conditions of this agreement.
2.2 The hirer shall pay the Fee, as set out in the Rate of Charges document for the hire of the Guildhall.
3. Hirer's responsibilities
3.1 The Hirer shall during the term of this agreement:
(a) comply with the Guildhall Rules;
(b) ensure that the Guildhall is used only for the purposes agreed by the Council;
(c) take such steps as may be necessary to ensure, so far as is reasonably practicable, that the Guildhall is at all times safe and without risk to health when it is being used;
3.2 The Hirer acknowledges that the Council shall not be responsible for any loss of or damage to the Guildhall arising out of or in connection with any negligence, misuse, mishandling of the Guildhall or otherwise caused by the Hirer or its guests, employees, agents and contractors and the Hirer undertakes to indemnify the Council on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of this agreement.
4. Liability
This agreement sets forth the full extent of the Council's obligations and liabilities in respect of the Guildhall and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Council except as specifically stated in this agreement.
5. Confidential information
5.1 Each party undertakes that it shall not at any time, disclose to any person any confidential information.
5.2 No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
6. Assignment and other dealings
This agreement is personal to the Hirer and shall not be assigned or transferred without the consent of the Council.
7. Variation
No variation of this agreement shall be effective unless it is in writing (or their authorised representatives).
8. Termination
8.1 Without limiting its other rights or remedies, the Council may terminate this agreement at any time by giving the Hirer 2 Business Days’ notice and in the event the agreement is terminated by the Council it will fully refund the Hirer.
8.2 In the event that the Hirer cancels a booking giving 2 weeks or more notice they will receive a refund of 50% of the Fee. Should the Hirer cancel a booking by giving less than 2 weeks’ notice they shall not be refunded.
8.3 In the event of termination the Council shall not be liable for any loss suffered by the Hirer or any third parties.
8.4 Termination of the Agreement, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.
8.5 Clauses which expressly or by implication survive termination of the Agreement shall continue in full force and effect.
8.6 Without limiting its rights or remedies, the Council, in the event of a state of national mourning being declared by Her Majesty’s Government, reserves the right to cancel any and all bookings by the serving of immediate notice to the Hirer. Such notice may be served via email or via telephone. Where the Council exercises this right of termination it shall make reasonable endeavours to source an alternate Council owned venue. Where an alternative Council owned venue is not available the Council shall refund the booking fee in full. For the avoidance of doubt, the Council will not be liable for any losses, costs, expenses or damages which result from the Council exercising its right to terminate this Agreement in accordance with this clause 8.6.
9. No partnership or agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party
2.1 The Council shall hire the Guildhall to the Hirer subject to the terms and conditions of this agreement.
2.2 The hirer shall pay the Fee, as set out in the Rate of Charges document for the hire of the Guildhall.
3. Hirer's responsibilities
3.1 The Hirer shall during the term of this agreement:
(a) comply with the Guildhall Rules;
(b) ensure that the Guildhall is used only for the purposes agreed by the Council;
(c) take such steps as may be necessary to ensure, so far as is reasonably practicable, that the Guildhall is at all times safe and without risk to health when it is being used;
3.2 The Hirer acknowledges that the Council shall not be responsible for any loss of or damage to the Guildhall arising out of or in connection with any negligence, misuse, mishandling of the Guildhall or otherwise caused by the Hirer or its guests, employees, agents and contractors and the Hirer undertakes to indemnify the Council on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of this agreement.
4. Liability
This agreement sets forth the full extent of the Council's obligations and liabilities in respect of the Guildhall and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Council except as specifically stated in this agreement.
5. Confidential information
5.1 Each party undertakes that it shall not at any time, disclose to any person any confidential information.
5.2 No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
6. Assignment and other dealings
This agreement is personal to the Hirer and shall not be assigned or transferred without the consent of the Council.
7. Variation
No variation of this agreement shall be effective unless it is in writing (or their authorised representatives).
8. Termination
8.1 Without limiting its other rights or remedies, the Council may terminate this agreement at any time by giving the Hirer 2 Business Days’ notice and in the event the agreement is terminated by the Council it will fully refund the Hirer.
8.2 In the event that the Hirer cancels a booking giving 2 weeks or more notice they will receive a refund of 50% of the Fee. Should the Hirer cancel a booking by giving less than 2 weeks’ notice they shall not be refunded.
8.3 In the event of termination the Council shall not be liable for any loss suffered by the Hirer or any third parties.
8.4 Termination of the Agreement, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.
8.5 Clauses which expressly or by implication survive termination of the Agreement shall continue in full force and effect.
8.6 Without limiting its rights or remedies, the Council, in the event of a state of national mourning being declared by Her Majesty’s Government, reserves the right to cancel any and all bookings by the serving of immediate notice to the Hirer. Such notice may be served via email or via telephone. Where the Council exercises this right of termination it shall make reasonable endeavours to source an alternate Council owned venue. Where an alternative Council owned venue is not available the Council shall refund the booking fee in full. For the avoidance of doubt, the Council will not be liable for any losses, costs, expenses or damages which result from the Council exercising its right to terminate this Agreement in accordance with this clause 8.6.
9. No partnership or agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party
10. Third party rights
Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
11. Notices
Any notice given to a party under or in connection with this Agreement shall be in writing to the Council or the Hirer’s last known address.
12. Waiver & Severance
12.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.2 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
13. Governing law and Jurisdiction
This agreement 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 and 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 this agreement or its subject matter or formation.
14. Force majeure:
Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable. If such event or circumstances prevent the Council from providing the Guildhall, the Council shall have the right, without limiting its other rights or remedies, to terminate this Agreement with immediate effect by giving notice to the Hirer.
SCHEDULE 1 – GUILDHALL RULES
The following list comprises the rules of the Guildhall which are to be followed at all times during the term of this agreement:
1. The Council’s staff will set up and remove any furniture for any event every effort will be made to accommodate the wishes of the Hirer but the Council reserves the right to make the final decision on room layout;
2. An officer of the Council must be present throughout the entire period when the Guildhall is in use and will have overall responsibility for the security of the building. The Hirer must however provide sufficient stewards to supervise entry to and use of the Guildhall. Guildhall staff are on duty for security purposes only and not for catering duties;
3. The hirer shall comply at all times with the Council’s equal opportunities policy.
4. A duly authorised representative of the Council may enter the Guildhall at all reasonable times; The hirer shall not:
1. Attach or affix any nails, tacks, screws, placards or other articles to any part of the Guildhall.
2. Display any flags, emblems, posters, advertisements or other outside the Guildhall without prior consent;
3 Use additional lights or extensions from existing electric light fittings or sockets;
4 Exceed the maximum capacity of 90 persons including staff, and 80 persons for seated dinners;
5 Exceed the maximum capacity of the Jury Room which at any one time is 35 persons;
6. Allow any smoking or electronic smoking in or around the Guildhall and shall not cause a nuisance;
7. Do anything unlawful;
8. Part with control of sell or offer for sale, underlet or lend the Guildhall.
The hirer shall:
1. Use Council’s approved contractors to provide any commercial catering services and facilities required for the hire of the Guildhall.
2. Ensure that any item brought into the Guildhall is removed at the earliest opportunity and chairs and tables used returned to storage as requested by
the Council.
3. Leave the Guildhall in a clean and orderly state
Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
11. Notices
Any notice given to a party under or in connection with this Agreement shall be in writing to the Council or the Hirer’s last known address.
12. Waiver & Severance
12.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.2 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
13. Governing law and Jurisdiction
This agreement 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 and 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 this agreement or its subject matter or formation.
14. Force majeure:
Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable. If such event or circumstances prevent the Council from providing the Guildhall, the Council shall have the right, without limiting its other rights or remedies, to terminate this Agreement with immediate effect by giving notice to the Hirer.
SCHEDULE 1 – GUILDHALL RULES
The following list comprises the rules of the Guildhall which are to be followed at all times during the term of this agreement:
1. The Council’s staff will set up and remove any furniture for any event every effort will be made to accommodate the wishes of the Hirer but the Council reserves the right to make the final decision on room layout;
2. An officer of the Council must be present throughout the entire period when the Guildhall is in use and will have overall responsibility for the security of the building. The Hirer must however provide sufficient stewards to supervise entry to and use of the Guildhall. Guildhall staff are on duty for security purposes only and not for catering duties;
3. The hirer shall comply at all times with the Council’s equal opportunities policy.
4. A duly authorised representative of the Council may enter the Guildhall at all reasonable times; The hirer shall not:
1. Attach or affix any nails, tacks, screws, placards or other articles to any part of the Guildhall.
2. Display any flags, emblems, posters, advertisements or other outside the Guildhall without prior consent;
3 Use additional lights or extensions from existing electric light fittings or sockets;
4 Exceed the maximum capacity of 90 persons including staff, and 80 persons for seated dinners;
5 Exceed the maximum capacity of the Jury Room which at any one time is 35 persons;
6. Allow any smoking or electronic smoking in or around the Guildhall and shall not cause a nuisance;
7. Do anything unlawful;
8. Part with control of sell or offer for sale, underlet or lend the Guildhall.
The hirer shall:
1. Use Council’s approved contractors to provide any commercial catering services and facilities required for the hire of the Guildhall.
2. Ensure that any item brought into the Guildhall is removed at the earliest opportunity and chairs and tables used returned to storage as requested by
the Council.
3. Leave the Guildhall in a clean and orderly state