Type of Event
Last Updated April 2022
Event terms and conditions for large or complex private events, all public ticketed events and corporate events
Event terms and conditions for private weddings and other celebratory functions (excluding children’s parties), galas, business meetings and theatrical performances
Event Terms and Conditions - Large or complex private events, all public ticketed events and corporate events (Category 3)
1. LICENCE
1.1. In consideration of the payment of the Event Fee, The Company grants to the Hiring Party the right to access, occupy and use the Hired Area during the Licence Period to stage the Event.
1.2. The Hiring Party acknowledges that:
1.2.1 it shall occupy the Hired Area as a licensee only and no relationship of landlord and tenant is created between The Company and the Hiring Party;
1.2.2 it shall not permit any overnight sleeping in the Hired Area unless that Hired Area offers facilities specifically for the purpose of overnight accommodation;
1.2.3 no representation or warranty is given by The Company or to be implied by this Agreement that the use of the Venue for the Event by the Hiring Party is a lawful use or is authorised by planning legislation or the Applicable Laws;
1.2.4 notwithstanding any other provision of this Agreement, there shall be no restriction on access by The Company or any party authorised by The Company to the whole or any part of the Venue at all times throughout the Event Period and The Company shall be entitled to conduct its routine operational, maintenance and business activities in the Venue during the Event Period;
1.2.5 it may not have exclusive access to the Venue during the Event Period and it is possible that there may be works ongoing at the Venue, or that other parties may be using the Venue at the same time for training or other purposes; The Company will ensure that any access to the Venue during the Event is kept to a minimum, and will advise the Hiring Party prior to allowing access.
1.2.6 Whilst The Company shall use reasonable endeavours to provide the Event Services, The Company shall not be liable, whether in contract, tort or otherwise, for any failure, in whole or in part, to provide the Event Services, or for any delay in or interruption of the provision of the Event Services, in each case due to any circumstance which is beyond The Company’s reasonable control and consequently, the Hiring Party should ensure that it obtains cancellation/delay insurance in accordance with condition 14.4 below to cover such eventuality and shall, pursuant to condition 15 below indemnify The Company on demand in respect of any costs claims or damages suffered by The Company as a result of any third party claims arising from such cancellation or delay or interruption; and
1.2.7 No refund, in whole or in part, shall be due in respect of such a failure, delay or interruption.
1.2.8 All fees referred to in this agreement are expressed to be exclusive of VAT which shall be payable in addition on presentation of a valid VAT invoice.
2. THE COMPANY’S OBLIGATIONS
2.1 The Company shall:
2.1.1 use reasonable endeavours to procure the provision to the Hiring Party of the Event Services.
2.2 For the avoidance of doubt, The Company shall not:
2.2.1 provide any services to the Hiring Party beyond the Event Services;
2.2.2 provide any field of play technicians, transport, accommodation, telecommunications, technology, timing, enhanced medical first aid or security services save to the extent that such services are specified in Schedule 2;
2.2.3 issue any passes allowing vehicular access to the Hiring Party unless this is specifically agreed in advance at The Company’s sole discretion.
2.3 The Company will permit all persons in possession of Event Tickets to have access to the Venue during the Event Period subject to The Company’s standard security checks and
2.4 The Company may:
2.4.1 refuse entry and/or remove from the Venue any and all persons (including representatives of the Hiring Party) seeking access to the Venue if such person does not hold a valid pass for the Event;
2.4.2 inspect and/or search any and all persons (including such person’s vehicles) who are seeking access to the Venue and may refuse access to the Venue to and/or remove from the Venue any such person if it believes (acting reasonably) that to allow access to such person would compromise any matter of health and safety and/or security at the Venue or would cause The Company to be in breach of the Applicable Laws.
3 RIGHTS
Multimedia Rights
3.1 The Hiring Party shall not exploit the Multimedia Rights and shall procure that no third party shall exploit the Multimedia Rights without The Company’s prior written consent in each instance;
3.2 If any person within the Hiring Party or any third party wishes to exploit the Multimedia Rights, the Hiring Party shall provide The Company with written details of such intended exploitation and The Company shall be entitled to charge such person in respect of such exploitation in the event that The Company consents to such exploitation in its absolute discretion. Any such charge shall be identified and notified to the Hiring Party on the Cost Proposal Document.
3.3 The Hiring Party shall and shall procure that any third party involved in the broadcast, recording or filming of the Event shall comply with all requirements of The Company in relation to such broadcast, recording or filming.
Other Rights
3.4 For clarity, all merchandising rights and all catering rights for the Venue remain exclusively with The Company. ALL catering (food, beverage and alcohol) inside the Venue or on the premises must be supplied by or arranged by The Company.
3.5 Should the Hiring Party fail to appropriately deduct Foreign Entertainers Tax from any payment made in relation to any event being hosted at this The Company Venue, then The Company reserves the right to make such deductions in respect of tax from payments to the Hiring Party as are required by law having regard to the tax residence of the performer(s).
4. THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
5. TICKETING
5.1 The Hiring Party shall be allocated 40% of the Saleable Tickets.
5.2 The Company shall be allocated 60% of the Saleable Tickets.
5.3 Evidence of ticket sales shall be provided in accordance with clause 8.4
5.4 Following the commencement of sale to the public of tickets for the Event, the Hirer shall inform The Company on a bi-weekly basis as to the number of tickets sold for that week, the number of complimentary tickets given away that week, and the number of tickets that remain unsold for the Event. The Hirer shall fully co-operate with The Company to maximise the sale of unsold tickets and in the event that any tickets for the Event remain unsold four (4) weeks prior to the commencement of the Event, the Hirer (unless otherwise agreed by The Company in writing) shall immediately on written demand from The Company release all such unsold tickets to The Company for sale by The Company (and/or any third party nominated by The Company).
5.5 The parties agree that the Hirer shall only be permitted to mark back tickets from The Company’s ticket allocation to the Hirer mark back allocation with the agreement of both parties
5.6 The Hiring Party shall issue tickets to the attendees of the Event (“The Event Tickets”) in a format that adheres to The Company’s Ticketing Policy and that are first approved by The Company (such approval not to be unreasonably withheld and delayed); and
5.7 For Queen Elizabeth Olympic Park venues only, the Hiring Party shall allocate free of charge for each Event 50 tickets to The Company and 50 tickets to the London Legacy Development Corporation for these organisations’ business purposes. The location of such allocated tickets shall be advised by the Venue management team. If the full allocation is not taken up by either organisation then the remaining tickets shall be released back to the Hiring Party;
5.8 The Hiring Party shall ensure any ticket designs for events at Venues within Queen Elizabeth Olympic Park that refer to Queen Elizabeth Olympic Park do so in full and do not use any abbreviation or acronyms;
5.9 ensure any ticket designs:
5.9.1 contain The Company logo and/or The Company information; and
5.9.2 follow The Company Brand Guidelines
5.9.3 are approved by The Company prior to printing (such approval not to be unreasonably delayed or withheld)
6. CONFIDENTIALITY
6.1 In this clause 6, “Confidential Information” means all information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by a party (the “Disclosing Party”) to another party (the “Receiving Party”) whether before or after the date of this agreement including, without limitation, information relating to the Disclosing Party’s products, operations, processes, plans or intentions, product information, know how, design rights, trade secrets, market opportunities and business affairs
6.2 The Receiving Party:
6.2.1 may not use Confidential Information for a purpose other than the performance of its obligations under this agreement;
6.2.2 may not disclose Confidential Information to a person except with the prior written consent of the Disclosing Party or in accordance with clause 6.3; and
6.2.3 shall make every effort to prevent the use or disclosure of Confidential Information
6.3 Clause 6.2 shall not apply to:
6.3.1 any disclosure of information to contractors or consultants of the Hiring Party or The Company or any of their subcontractors or sub-consultants of any tier that is reasonably required by such persons for the performance of any obligations under this agreement or agreements required to be entered into pursuant to this agreement;
6.3.2 any disclosure which is required by any law, order of court, Parliamentary obligation or the rules of any stock exchange or governmental or regulatory authority having the force of law
6.3.3 any disclosure of information which is already lawfully in the possession of the receiving Party, prior to its disclosure by the disclosing Party;
6.3.4 any registration or recording or obtaining of any necessary consent and any property registration required in connection with this Agreement;
6.3.5 any disclosure of relevant information by the Parties to their respective professional advisers, directors, members, other officers and employees;
6.3.6 any disclosure of information that the Parties have agreed does not contain any commercially sensitive information; and
6.3.7 any disclosure for the purpose of the examination and certification of the Hiring Party’s or The Company’s accounts.
6.4 The Receiving Party shall ensure that any person to whom Confidential Information is disclosed (The Recipient) under the terms of this Clause 6.6;
6.4.1 are informed of the terms of this Clause 6.4;
6.4.2 Are obliged by their contracts of employment or service not to disclose the Confidential Information: or
6.4.3 Enter into legally binding confidentiality agreements on equivalent terms to this Agreement.
6.5 In the event of disclosure of any Confidential Information to a Recipient, the Receiving Party shall remain liable with respect to any non-compliance by that Recipient with the provisions of this clause 6.
6.6 The provisions of this clause 6 shall survive any termination of this agreement.
7. HIRING PARTY’S OBLIGATIONS
7.1 The Hiring Party has before the date of this agreement paid The Company the Booking Deposit and will make other relevant payments by the specified deadlines as set out in Schedule 3.
7.2 The Hiring Party shall:
7.2.1 only use the Hired Area within the Venue for the purpose of holding the Event with a suitable queuing space that will be included in the Hired Area and will be agreed with the Venue management team.
7.2.2 plan, manage and implement all arrangements for the Event (including managing on-site arrangements and liaising with The Company’s Venue Operations team) in accordance with best practice and ensuring all personnel and any Associated Party used by the Hiring Party are suitably trained and qualified in their relevant disciplines;
7.2.3 ensure any promotional, publicity, marketing materials for events at Venues within Queen Elizabeth Olympic Park that refer to Queen Elizabeth Olympic Park do so in full and do not use any abbreviation or acronyms;
7.2.4 ensure any promotional publicity, marketing materials press releases:
7.2.4.1 contain The Company logo and/or The Company information; and
7.2.4.2 follow The Company Brand Guidelines
7.2.4.3 are approved by The Company prior to printing (such approval not to be unreasonably delayed or withheld)
7.2.5 ensure that it does not, nor does it permit any fly posting anywhere at any time. Fly Posters may be removed by Enforcement Officers. Please note that it is an offence to fix anything to street furniture and Enforcement Officers may take action against offenders. Any fines levied upon The Company will be recharged to the Hiring Party
7.2.6 issue passes for those persons that reasonably require access to the Venue during the Event Period; and
7.2.7 NOT USED
7.2.8 organise and pay for any goods or services beyond the Event Services which are required in order to hold the Event including without prejudice to the foregoing:-
7.2.8.1 any medical, first aid, transport or, accommodation or catering which is required other than for members of the public; note the catering rights as shown in 3.4
7.2.8.2 services of any competitors and any other additional performers or participants required for the Event (and Hiring Party shall, promptly on request from The Company, provide evidence satisfactory to The Company of such procurement);
7.2.8.3 the services of a production and technical crew in sufficient numbers to manage and run the production of the Event in accordance with any reasonable guidelines provided by The Company and the requirements of this agreement;
7.2.8.4 if any flooring at the hired Area is unavailable or unsuitable, a suitable stage (including any set or scenery) subject to The Company’s absolute discretion;
7.2.8.5 sound, lighting, video and other equipment including any scaffolding for the lighting, sound and camera towers and power cables other than basic in-house systems provided; all additions to stage or event infrastructure must be safety checked and authorised by The Company or its designated representative;
7.2.8.6 additional barriers required to protect sound or mixer control areas, any stage, the participants and any other barriers reasonably required by The Company;
7.2.8.7 barriers and/or fencing as required by The Company to separate different areas within the Hired Area together with any additional, hand held or other security equipment required for the Event;
7.2.8.8 computers, cables, desks and all other equipment required for the Hiring Party’s temporary production and administrative offices;
7.2.8.9 marquees or other portable structures for external use only which are required for backstage facilities and which are approved by The Company in advance;
7.2.8.10 catering facilities for the Hiring Party;
7.2.8.11 security and stewarding staff for the Event including public, backstage areas, VIP’s, performers which must be obtained through a nominated security service provider approved in advance by The Company.
7.2.9 procure that the Event is conducted in accordance with any and all method statements, risk assessments, health and safety guidelines and operational guidelines specified by The Company;
7.2.10 procure that the Event complies with all relevant Applicable Laws;
7.2.11 procure that suitably qualified medical and first aid practitioners are available on site to deal with any injuries or other medical issues which may arise as a result of the Event in relation to Event participants and their coaching and management teams;
7.2.12 procure that no aspect of the Event shall:
7.2.12.1 endanger any person in any way;
7.2.12.2 bring The Company into disrepute
7.2.12.3 damage the reputation of The Company and/or the Venue
7.2.12.4 be detrimental to The Company in any way
7.2.12.5 expose The Company to any civil or criminal liability;
7.2.12.6 be obscene, immoral, or offend against normal standards of decency in the reasonable opinion of The Company;
7.2.12.7 have noise levels that exceed the MNL limit as set by the Licensing Authority as advised to the Hiring Party. If exceeded, a penalty will be charged to the Hiring Party the level of which will be based on the expected fine to The Company by the Licensing Authority, whether or not such a fine is imposed on The Company.
7.3 Procure that any equipment which it brings into the Venue is:
7.3.1 in a serviceable condition, safe to use and meets the requirements of the Electricity at Work Act 1989; and
7.3.2 tested in accordance with the HSE guidance entitled “Maintaining Portable and Transportable Electrical Equipment” as amended from time to time;
7.4 maintain a record of the testing of any equipment which belongs to the Venue and make this available to The Company or any other party reasonably required by The Company on request;
7.5 endeavour to notify The Company in advance of any interviews, photographic or video shoots of or about the Event or Venue; and
7.6 procure that no party attending the Event issues any press releases associated with the Event without the prior written consent of The Company; and
7.7 submit to The Company no later than 14 days prior to the Event Period, a list of all persons who require access to the Venue during the Event Period, ensure that, if required by The Company such parties attend an induction for the Venue and ensure that any passes issued by The Company are displayed clearly at all times by such persons while in the Venue.
7.8 obtain the Necessary Consents provided that in all cases prior to applying for any consent (including any planning application) the Hiring Party shall obtain The Company’s prior approval of the same (such approval not to be unreasonably withheld or delayed);
7.9 pay interest (if any amounts payable by the Hiring Party to The Company shall not be paid within fourteen (14) days of the date of demand or other due date) thereon at four per centum per annum above the base rate of Lloyds TSB Bank PLC calculated on a day-to-day basis from the date on which the same became due and payable down to the date of payment (but without prejudice to any other rights or remedies of The Company).
7.10 provide The Company with any information relating to the Hired Area which The Company reasonably requires in order to satisfy itself that the Hiring Party has complied with its obligations under this agreement or reasonably sought by The Company to enable it to comply with its own obligations under this agreement;
7.11 comply with the requirements of the Foreign Entertainers Tax Regime and provide a declaration as to how this will be administered, providing copies of relevant forms or certificates as necessary.
7.12 when this agreement is determined, return any access passes or the like to the Hired Area in its possession and/or control to The Company and to vacate the Hired Area leaving the Hired Area in the condition required under in this agreement;
7.13 at all times, comply with:
7.13.1 The Company’s security policy (as may be amended from time to time);
7.13.2 The Company’s health and safety policy (as may be amended from time to time);
7.13.3 The Company’s environmental management, sustainability (including the Sustainability Sourcing Code), accessibility and inclusivity policies;
7.13.4 The Company’s conditions of use
7.13.5 The Company’s reasonable instructions
all of which will be provided to the Hiring party upon request;
and
7.13.6 The Company Requirements,
as reasonably required by The Company in respect of the Event and the Hiring Party’s use of the Hired Area, the Venue and Queen Elizabeth Olympic Park where relevant;
7.14 The Hiring Party shall
7.14.1 provide a comprehensive written sustainability plan for the Event which meets the requirements of The Company’s sustainability policy at least three month’s prior to the first date of the Event Period
7.14.2 remedy any breach of any of its obligations under this agreement within a reasonable period of being called upon to do so by notice from The Company or sooner if urgent action is required, and if the Hiring Party does not comply with that notice, The Company shall have the right to remedy the breach itself and to recover the cost of so doing as a debt from the Hiring Party including step in rights
7.14.3 if applicable, comply with all the provisions and requirements of all Enactments relating to town and country planning from time to time in force and of any planning permissions relating to the Venue and the Hired Area which have been implemented and shall not commit any breach of planning control; and
7.14.4 ensure that the Load In is started and completed during the Load In Period and ensure that Load Out is started and completed during the Load Out Period;
7.14.5 procure that each person employed by or working for the Hiring Party complies with this agreement as if such person was the Hiring Party;
7.14.6 appoint a suitably competent and qualified member of staff to have specific responsibility for health and safety and shall notify The Company in writing as to the member of staff so appointed following their appointment and in any case at least 14 days prior to the first Load In date, and any subsequent replacement;
7.15 The Hiring Party shall not:
7.15.1 use or access any part of the Venue other than the Hired Area (other than the Venue’s communal or common areas);
7.15.2 permit any alteration or addition (temporary or otherwise) to the Venue or any part of it provided that the Hiring Party may install such overlay branding as previously notified to The Company and to which The Company has provided its prior written consent, such consent to be at The Company’s absolute discretion; or
7.15.3 assign, novate or share the benefit of this Agreement or the rights, interest and benefit under it.
7.15.4 not to use the Venue or the Hired Area in such a way as to breach any Enactment affecting the Venue or Hired Area;
7.15.5 do anything in or on the Hired Area which causes any actionable nuisance, damage, disturbance or injury to The Company or to the owners and occupiers of any other property in the Venue or Queen Elizabeth Olympic Park where relevant or land adjoining or neighbouring the Venue or Queen Elizabeth Olympic Park where relevant
7.16 The Hiring Party shall be entitled to the use of utility services at the Hired Area during the Event Period subject to:
7.16.1 payment of charges for any consumption of energy / utilities not included in the Event Services as identified in the Cost Proposal Document;
7.16.2 connection to the relevant Service Media at the Hiring Party’s sole cost, the form of such connection to be subject to prior approval by The Company and to be arranged by the Hiring Party through The Company with the relevant service provider; and
7.16.3 maximum consumption limits.
7.17 Any assembly, construction or erection of any structures within the Hired Area by the Hiring Party (including the construction of any flooring, set, towers and marquees) shall be subject to The Company’s prior written approval in each instance and may be subject to a structural inspection. The cost of such inspection will be covered by The Company with no cost incurred by the Hiring Party.
7.18 The Hiring Party shall pay The Company for any costs incurred for the supply of additional levels of stewarding and/or security and/or police deemed necessary by The Company, the Licensing Authority and/or any public authority.
7.19 The Company operates a no-smoking policy in all areas. The Hiring Party, its employees, visitors and guests are not allowed to smoke within the Hired Area. Any fine imposed on The Company by the Environmental Health or other relevant authorities as a result of people smoking during the Event Period will be passed onto the Hiring Party and will be a debt due from the Hiring Party.
7.20 The Hiring Party shall not permit the maximum capacity of the Venue to be exceeded.
7.21 The Hiring Party shall ensure that he complies with all obligations and requirements of the Data Protection Act 1998 and/or the General Data Protection Regulation in respect of any personal data for which he is the Data Controller or Data Processor as defined in those pieces of legislation. The Hiring Party shall be solely responsible and liable for any breaches of such legislation or any damage to, loss theft or destruction of or interference with any such data
8. HIRING PARTY’S OPERATIONS
8.1 The Hiring Party hereby appoints
(the “Hiring Party Representative”) to be responsible for overseeing the Hiring Party’s obligations under this agreement and to act as a direct point of contact with The Company, whose direct point of contact shall be
(the “The Company Representative”). The Hiring Party shall use reasonable endeavours to maintain the continuity of the identity of its Hiring Party Representative and will notify the Company Representative without delay in the event that its Hiring Party Representative is removed or replaced (and shall provide The Company with contact details of its new Hiring Party Representative) or of any change to its Hiring Party Representative’s contact details
8.2 The Company retains the right both prior to and during the staging of the Event to review, modify and direct the Hiring Party’s daily programming of operation at the Hired Area including the requirement for a member of the Hiring Party’s team or staff to be removed from the premises or from working on the Event preparation or delivery, for the purposes of maintaining safety at the Hired Area (and Queen Elizabeth Olympic Park where relevant) and to accommodate any of The Company’s operational requirements that may impact upon the operating or events at the Hired Area.
8.3 The Hiring Party acknowledges that a fundamental requirement for The Company is for a safe and secure environment for all spectators and other persons in the Venue (and Queen Elizabeth Olympic Park where relevant). In order to ensure such requirement is met, all of the Hiring Party’s overlay and operational plans must be submitted to and approved by The Company in writing at least 28 days before the Event. In designing the emergency evacuation plans, the Hiring Party must integrate such plans with The Company’s policies and procedures, including the Company emergency evacuation plans.
8.4 The Hiring Party’s operational plans must not exceed capacity as agreed by the licensing authority and / or the Event maximum as agreed with the Company Representative, and as provided for on the cost proposal document including an allowance for “walk up” customers. The Hiring Party shall provide the Event Safety Officer or the Company Representative evidence of numbers of tickets sold for the Event both 28 days prior to the first Event Date and on the first day of the Event.
8.5 The Hiring Party acknowledges the requirement for flexibility in its daily operational planning and programming. The Company may at any time require the Hiring Party to modify its operational plans at the Hired Area in order to maintain the safe movement of spectators and other persons and protect the integrity of the Venue (and Queen Elizabeth Olympic Park where relevant).
8.6 The Company shall review the Hiring Party’s proposed schedule of operations and shall, as soon as reasonably practicable, respond to the Hiring Party stating whether or not it requires any amendments to such operations. Any amendments shall be confined to those The Company reasonably considers necessary.
8.7 The Hiring Party shall not modify the amended schedule of operations without the prior written consent of The Company (such consent not to be unreasonably withheld or refused, provided that the parties acknowledge that it shall be reasonable for The Company to refuse its consent where it reasonably considers necessary for safety or other operational reasons)
8.8 If at any time during the Event Period The Company is not satisfied with the Hiring Party Representative for any reason, if required by The Company the Hiring Party shall arrange for its Hiring Party Representative to be replaced by a person of comparable experience, suitability and competence (where practicable) and approved by The Company (acting reasonably).
8.9 The Hiring Party shall notify The Company of any changes to the planned programme of the Event(s) as soon as reasonably practicable to ensure Venue staff are fully up to date on Event details.
9. START AND END TIMES
9.1 The Hiring Party shall ensure that all production activity and preparation for the Event shall be complete no later than ninety minutes prior to the Doors Open Time so that the Hiring Party may carry out staff briefings and Venue checks.
9.2 The entrances to the Hired Area shall be opened at the Doors Open Time. The Event shall start no earlier than the Start Time and shall finish no later than the End Time; an overrun fee will be payable per 15 minutes (or part thereof) that the Event continues past the End Time. The level of fee is identified on the Cost Proposal Document.
9.3 Notwithstanding clause 9.2 above, the parties acknowledge that:-
9.3.1 The Doors Open Time, the Start Time and the End Time may be varied if the Venue manager and the Hiring Party so agree (provided that if the parties are unable to agree on any aspect thereof, The Company’s decision shall prevail in each instance). In such cases, the times prescribed by the Venue managers shall prevail and the Doors Open Time, the Start Time and the End Time (as applicable) shall be deemed to be varied accordingly;
9.3.2 The Company shall be entitled to change the Doors Open Time, the Start Time, the End Time, the Load In Period and the Load Out Period:-
9.3.2.1 Where required or requested by the local authority and/or emergency services;
9.3.2.2 Where necessary due to health and safety requirements; or
9.3.2.3 If it is necessary to do so in its reasonable opinion.
10. PERFORMING RIGHT SOCIETY AND PHONOGRAPHIC PERFORMANCE
10.1 Where the Hiring Party is a music event promoter or producer, the Hiring Party shall, at its own cost, obtain a licence from: a) Performing Rights Society Limited in respect of the public performance of musical compositions at the Event; and b) any other legally required licensing body. The Hiring Party shall comply with (and bear all costs associated with) the terms of such licences and licensing bodies.
10.2 If the Hiring Party is not a musical promoter or producer, then the Hiring Party shall provide to The Company details of planned music performances (live and recorded) and The Company shall calculate the fee(s) due according to the relevant PRS tariffs and shall invoice the Hiring Party the same.
10.3 If the Hiring Party wishes to publicly perform any pre-recorded material during the Event (including the use of pre-recorded backing tracks), then provided that the Company Venue holds a PPL licence for the use that the Hiring Party has planned for the pre-recorded music the Event shall be licensed through The Company’s PPL licence, provided that always if any subsequent charge is levied against The Company by the relevant authority the Hiring Party shall reimburse The Company accordingly upon receipt of invoice. If the Venue does not hold such a PPL licence or the planned use differs from the licence parameters, the Hiring Party shall obtain and pay for a licence from Phonographic Performance Limited and the Hiring Party shall comply with all terms of such a licence.
11. LICENSING AUTHORITY
11.1 The Hiring Party shall provide The Company with all information and documentation required by the Licensing Authority and/or The Company in relation to the Event no later than the date specified by The Company and the Hiring Party shall otherwise comply with the reasonable directions of The Company in relation to any application to the Licensing Authority for the Event
11.2 If the Licensing Authority:-
11.2.1 refuses to approve the staging of the Event; or
11.2.2 withdraws any prior approval to stage the Event or withdraws any relevant premises licence, Venue licence in respect of the Event,
then The Company and the Hiring Party shall discuss steps required to be taken (including any appeal) provided that if the parties are unable to agree on any aspect thereof The Company’s decision shall prevail in each instance
11.3 If pursuant to clause 10.2 above it is determined by The Company in consultation with the Hiring Party that the Event cannot be staged at the Hired Area then:-
11.3.1 subject to clause 10.4, The Company shall refund to the Hiring Party any part of the Event Fee which has, as at the date of such termination, already been paid to The Company by the Hiring Party, less the reasonable costs of making the application to the Licensing Authority (and any appeal thereto) and any other costs incurred by The Company in connection with the Event; and
11.3.2 this agreement shall automatically terminate.
11.4 The Company shall retain any part of the Event Fee previously paid as minimum liquidated damages if the failure to obtain the Licensing Authority’s approval of the Event is due to the act, delay, omission or breach of this agreement by the Hiring Party. In addition, in such event the Hiring Party shall be deemed to be in material breach of this agreement.
12. TRANSPORTATION
Where the Event is held outside normal transport hours or where the Licensing Authority may require that The Company provide transport and transportation facilities and take transport management measures in respect of the Event, subject to delivery of an appropriate invoice from The Company to the Hiring Party, the Hiring Party shall promptly (and in any event no later than ten (10) working days prior to the Event) reimburse The Company the full cost incurred by The Company in providing such transport and facilities and taking such measures.
13. VENUE DAMAGE
13.1 Prior to the Load In date, a photographic record of damaged areas (if any) shall be provided to the Hiring Party as pre-existing damage and therefore not being damage that is able to give rise to liability under this clause 13, save for any deterioration or further damage to those areas.
13.2 The Hiring Party shall not cause and shall prevent any damage to the Venue and any fixtures, fittings, decorations, furnishings, content and/or equipment within the Venue. If the Hiring Party becomes aware of any damage to the Venue or any of the foregoing, the Hiring Party shall notify The Company in writing as soon as reasonably practicable
13.3 The Hiring Party shall make good any damage caused to the Venue by the Event immediately to The Company’s reasonable satisfaction save for any damage caused by The Company, its employees, contractors or agents.
13.4 If the Hiring Party fails to perform its obligations under this Clause 13 then The Company shall be entitled to (i) clean and repair the Venue to a condition comparable to its condition prior to commencement of the Event; and (ii) make good any physical damage to the Venue caused in relation to the staging of the Event and the Hiring Party shall pay to The Company on demand the reasonable and proper cost incurred by The Company in doing so. The Company reserves the right to make deductions from the Security Deposit paid to The Company in respect of any such costs incurred and the Hiring Party shall pay any balance remaining on demand.
13.5 The Company reserves the right to inspect and test any equipment that the Hiring Party intends to bring onto the Venue or uses at the Venue and if The Company (acting reasonably) deems that such equipment is not safe or appropriate for use in the Venue then the Hiring Party shall immediately remove such equipment from the Venue and make good any damage caused to the Venue by the equipment or such removal to The Company’s reasonable satisfaction.
14. INSURANCE
14.1 The Hiring Party shall throughout the Load In dates, Event Period and Load Out dates effect and maintain for itself and for its contractors which are connected with providing the Event (or procure such contractors to effect and maintain) such insurances in respect of the Event as may be required by all Applicable Laws and shall in addition effect and maintain appropriate third party and public liability insurance with reputable insurers in each case, with no onerous exclusions with regard to damage, in a sum of not less than £10,000,000 in respect of each and every occurrence. Each of the insurance policies shall contain a waiver of subrogation rights. The Hiring Party shall produce to The Company upon request a copy of a broker’s letter of undertaking providing evidence that such insurance is in place. The Company’s receipt or acceptance of any such letter shall not relieve the Hiring Party from its obligations. For clarity this is a minimum insurance requirement and not a limit of the Hiring Party’s liability.
14.2 The Company shall, in respect of its own liability arising from its, its officers and employees acts or omissions, for heads of loss for which it accepts liability under these terms and conditions for the duration of the Event Period effect and maintain appropriate occupiers, third party and public liability insurance with reputable insurers in a sum of not less than £10,000,000 in respect of each and every claim.
14.3 The Hiring Party shall inform The Company in writing immediately on becoming aware of any accident or other event which The Company is required to notify to its insurers providing such information as The Company shall require. The Hiring Party shall provide such ongoing assistance in dealing with any such claim as The Company shall require.
14.4 In consequence of the exclusions and limitations of The Company’s liability contained in these terms and conditions, The Company requires the Hiring Party to have in place an insurance policy which shall cover and which shall enable it to claim for any losses, including but not limited to, irrecoverable expenses (including wasted travel and accommodation costs), ticket sale refunds, promotional fees and/or sponsorship, payments in relation to contractual obligations to its suppliers, performers, relocation fees costs of dealing with complaints queries, publicity and re-bookings of alternative venues, should a delay cancellation or postponement of the Event occur, for whatever reason.
The Hiring Party shall produce to The Company upon request a copy of a broker’s letter of undertaking providing evidence that such insurance is in place. The Company’s receipt or acceptance of any such letter shall not relieve the Hiring Party from its obligations.
15. INDEMNITIES
15.1 The Hiring Party shall indemnify and keep indemnified The Company on a full indemnity basis against all liabilities, costs, expenses, damages and losses (including all interest, penalties and properly incurred legal and other professional costs and expenses) suffered or incurred by The Company arising out of or in connection with the non-performance and observation of the Hiring Party’s obligations under this Agreement.
15.2 Specifically the Hiring Party shall indemnify The Company on an after tax basis against any liability (including liabilities to account for tax, interest and penalties on unpaid tax, and reasonable costs incurred (including management time) arising from claims made by Her Majesty’s Revenue and Customs or any other tax authority in respect of non-compliance with the Foreign Entertainers Tax Regime or any similar provision, which it claims results from The Company acting on reliance on incorrect information provided to it or to the UK tax authorities by the Hiring Party or following the non-provision of material information to it or the UK tax authorities, by the Hiring Party.
15.3 The Company shall not be liable, whether in contract tort or otherwise howsoever, for losses or liabilities arising in relation to the delay or cancellation of the Event or the withdrawal of or the unavailability of the Hired Area and the Hiring Party shall indemnify The Company in respect of any liabilities, costs, expenses, damages and losses incurred by The Company as a result of any such delay or cancellation.
16. EXCLUSION OF LIABILITIES
16.1 To the extent permitted by law, The Company will not accept any responsibility for and will not be liable for, any loss, theft or damage to any equipment which the Hiring Party may bring onto the Venue, howsoever arising save for loss or damage caused by the negligence of The Company, and notwithstanding that The Company may provide the Hiring Party with a lockable space for such equipment.
17. LIMITATION OF LIABILITY
17.1 The Hiring Party shall perform its obligations under this Agreement in such a manner as not to put The Company in breach of its obligations to any third parties and shall be responsible for any liabilities incurred by The Company as a result of such breaches.
17.2 Nothing in this Agreement shall exclude or restrict either Party’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from the negligence of that Party or of its employees while acting in the course of their employment or for any other liability which cannot be excluded by law.
17.3 The Company shall have no liability towards the Hiring Party, its contractors, employees, guests or visitors in contract, tort (including without limitation negligence) or for misrepresentation or breach of statutory duty, or otherwise in respect of:-
17.3.1 any loss or damage caused by the use of The Company equipment or facilities, save for loss or damage caused by the negligence of The Company notwithstanding any checks or inspections that may have been carried out;
17.3.2 any loss (including but not limited to loss of profit, goodwill, revenue or opportunity) or damage which the Hiring Party might suffer as a result of the advice or information provided by any of The Company’s representatives in relation to the Event; or
17.3.3 any indirect or consequential loss (even if any such loss was reasonably foreseeable) including but not limited to loss of profit, loss of goodwill, loss of opportunity and damage to reputation).
17.4 Nothing in this agreement constitutes or shall constitute a representation or warranty by The Company that the Venue and or the Hired Area may lawfully be used for any purpose required by the Hiring Party or that the Hiring Party’s utility consumption requirements will be met by the Service Media within the Venue and/or Queen Elizabeth Olympic Park where relevant.
17.5 Subject to the provisions of condition 17.2, the maximum liability of The Company its officers employees or agents arising from the Event, shall, whether arising in contract tort, or breach of statutory duty, be limited to the amount of the Event Fee as stated in the Particulars.
18. DISPUTES
Negotiation
18.1 In the event of any dispute or difference between The Company and the Hiring Party arising out of or in connection with this agreement whether before or after repudiation or termination of this agreement (a “Dispute”) the Parties shall first seek settlement of the Dispute by referring it to the persons listed in clause 8 hereof for resolution. If the Dispute cannot be resolved to the satisfaction of both Parties within seven (7) Working Days of such referral the Dispute shall be referred by notice in writing to a Company Director of each Party who shall discuss the issue and/or meet and endeavour to resolve the Dispute by negotiation.
Expert Determination
18.2 Where any Dispute is not so resolved within seven (7) Working Days of the notice referred to in clause 18.1, either Party may serve a written notice (a “Determination Notice”) on the other Party of its intention to refer a Dispute to an independent person (the “Expert”) for determination. The Expert shall act as an expert and not as an arbitrator and shall state his decision in writing and give notice of the same to each Party within a period of ten (10) Working Days from the date of service of the Determination Notice. The Expert shall be appointed by agreement between the Parties or (if within two (2) Working Days after service of the Determination Notice the Parties have been unable to agree) shall be selected by the Chairman of the Centre of Effective Dispute Resolution Limited on the request of either Party.
18.3 The Expert’s decision shall be final and binding unless and until the Dispute is resolved by agreement, and the Parties shall give effect forthwith to the Expert’s decision unless and until the decision is revised by legal proceedings or resolved by agreement.
Performance to Continue During Dispute
18.4 Unless this agreement has already been terminated, the Parties shall continue to perform their obligations in accordance with the Licence regardless of the nature of the Dispute and notwithstanding the referral of the Dispute for resolution pursuant to this clause 18.
19. TERMINATION FOR CAUSE
19.1 The Company may terminate this agreement with immediate effect by written notice to the Hiring Party on, or at any time after any breach of any of the Hiring Party’s obligations including but not limited those contained in clause 7 which (where the same shall be capable of remedy) the Hiring Party has failed to remedy within a reasonable period of being required so to do.
19.2 The Company may terminate this agreement with immediate effect by written notice to the Hiring Party on, or at any time after the occurrence of a Hiring Party Insolvency Event.
19.3 Termination is without prejudice to the rights of either Party in connection with any antecedent breach of or other obligation subsisting under this agreement
20. TERMINATION
20.1 The Company may terminate this Agreement with immediate effect by written notice to the Hiring Party at any time (but providing as much notice as is reasonably possible) if in The Company’s reasonable opinion the Venue is not safe to hold the Event (either as a result of damage caused to the Venue during the Event or otherwise) or if holding the Event will present a health and safety risk to any party or the nature of the Event would or may contravene any statute, order regulation, rule of law or any requirement including that of any Public or Local Authority police or security services.
20.2 The Company may terminate this agreement (providing such notice as is reasonably practicable) where required to do so by the owner of the Venue. The Company shall in such circumstances promptly return any Deposit or Hire Fees paid by the Hiring Party to The Company (which shall be the total liability of The Company arising from such cancellation).
20.3 The Company may terminate this Agreement by written notice of not less than one month to the Hiring Party if for reasons outside of The Company’s control holding the Event will cause The Company a material operational issue. The Company shall in such circumstances promptly return any Deposit or Hire Fees paid by the Hiring Party (which shall be the total liability of The Company arising from such cancellation). provided always that the material operational issue has not in any way been caused by or resulted from the nature of, or the arrangements for, the Event
20.4 Save as otherwise provided The Company shall accept no liability whatsoever in relation to the termination of this Agreement in accordance with the terms of this Clause 20
20.5 Termination is without prejudice to the rights or remedies of either Party from this agreement that are subsisting as at termination.
20.6 The Company hereby expressly excludes to the greatest extent permitted liability of its officers, directors, employees, representatives, contractors, licensees and designees from any liability to the Hiring Party whether arising in contract tort breach of statutory duty or otherwise for any loss, damage, expense, cost or other liability whatsoever incurred or claimed to be incurred by the Hiring Party, or its officers, directors, shareholders, employees, representatives, contractors, licensees or designees in connection with a termination pursuant to this clause 20.
20.7 The Hiring Party may cancel the booking of the Event but The Company shall only issue a refund where it becomes due in accordance with the strict application of the policy set out in Schedule 3 of this Agreement.
21. FORCE MAJEURE
21.1 In this clause force majeure means any event or circumstances beyond the control of the parties including but not limited to riot, civil commotion, national emergency, prohibition, governmental regulation, flood, fire or war. In relation to Queen Elizabeth LOCOG Park Venue(s) only, this will include all events associated with a British Royal Death (specifically including but not limited to the day of death and date of the funeral).
21.2 Neither party shall be responsible for failure to carry out any of its duties under this agreement to the extent to which this is caused by force majeure provided that the affected party:
21.2.1 has taken all reasonable steps to prevent and avoid the force majeure;
21.2.2 carries out its duties to the best level reasonably achievable in the circumstances of force majeure
21.2.3 takes all reasonable steps to overcome and mitigate the effects of the force majeure;
21.2.3.1 as soon as reasonably practicable including actively managing any problems caused or contributed to by third parties and liaising with them;
21.2.3.2 on becoming aware of the force majeure promptly informs the other in writing that:
21.2.3.2.1 something has happened which is a force majeure, giving details of the force majeure, together with a reasonable estimate of the period during which the force majeure will continue;
21.2.3.2.2 within seven (7) days of becoming aware of the force majeure provides written confirmation and reasonable evidence of the force majeure; and
21.2.3.2.3 tells the other when the force majeure has stopped
21.3 For clarity in such an event the Hiring Party shall be fully responsible for liaising with and dealing with the performers, competitors or other participants of the Event and any Associated Parties.
22. WAIVER
22.1 If The Company fails at any time while these Terms are in force to insist that the Hiring Party performs any of its obligations under these Terms or if The Company does not exercise any of its rights or remedies under these Terms that will not mean that The Company has waived such rights or remedies and will not mean that the Hiring Party does not have to comply with those obligations.
22.2 If The Company does waive a default by the Hiring Party that shall not mean that The Company will automatically waive any subsequent default by the Hiring Party. No waiver by The Company of any of these Terms shall be effective unless The Company expressly says that it is a waiver and The Company tells the Hiring Party so in writing.
23. SEVERANCE
If any court or competent authority decides that any of the provisions of these Terms are invalid unlawful or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law
24. NOTICES
All notices to be given under this Agreement shall be in writing and section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 shall apply to the service of all such notices
25. LAW
This Agreement shall be governed by and construed in accordance with English Law including in relation to non contractual disputes and both Parties agree to the non-exclusive jurisdiction of the English courts
Last Updated May 2022
Event Hire Terms and Conditions - Private weddings and other celebratory functions (excluding children’s parties), galas, business meetings and theatrical performances (Category 2)
1. Definitions
1.1 “Alcohol Event” means an event which will provide or sell alcohol to the persons attending the Event;
1.2 “Applicable Laws” means all relevant laws, statutes, subordinate legislation, rules, regulations, directions, standards and guidance relating to the Venue and its use including, without limitation, the Safety of Sports Grounds Act 1975, Occupiers’ Liability Act 1957, the Equality Act 2010, the Licensing Act 2003 and those relating to health and safety, including where relevant The Event Safety Guide (“The Green Guide” by the H.S.E.), building construction, crowd security and fire safety
1.3 “Event” means the event or function for which the Facilities are hired and is further specified in clause 2 of these Terms and Conditions of Hire
1.4 “Event Fee” means the fee charged by The Company to the Hiring Party in consideration for the use of the Facilities and is set out in clause 3 of these Terms and Conditions of Hire
1.5 “Event Period” means the duration of Event plus the set up and set down times indicated as Access and Exit times in the Particulars above.
1.6 “Facilities” means the facilities and immediate surroundings hired by the Hiring Party as specified in the Booking Form and Contract and which are located at the Venue
1.7 “Greenwich Leisure LTD” means Greenwich Leisure LTD of Middlegate House, The Royal Arsenal, Woolwich, London SE18 6SX
1.8 “Hiring Party” means the person, company, charity or organisation responsible for the organisation and hosting of the Event and who is further specified in clause 1 of these Terms and Conditions of Hire;
1.9 “Hire Period” means the period in which the Hiring Party hires the Facilities from The Company for the purposes of the Event and is further specified in these Terms and Conditions of Hire;
1.10 “Necessary Consents” means all planning permissions and all other consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required for the Event, to include, but not limited to Performing Rights Society and Phonographic Performance Licences.
1.11 “Security Deposit” means the sum deposited by the Hiring Party with The Company which shall be held as described in Schedule 1 and used to reimburse The Company for losses incurred in repairing or cleaning any part of the Venue or any property or equipment therein or in the event that no such losses are incurred the same shall be returned to the Hiring Party in accordance with the timescales set out in Schedule 1
1.12 “Sporting Event” means an event organised by the Hiring Party which includes a sporting game or match.
1.13 “The Venue” means the venue as set out in the particulars at the beginning of this document
2. SCOPE OF TERMS AND CONDITIONS
2.1 These Terms and Conditions of Hire form part of and shall be read in conjunction with, the Contract for Hire of Venue the Booking Form and the Cost Proposal Document and together these shall form The Agreement
2.2 There shall be no confirmed booking until such time as the Hiring Party has forwarded the executed Contract for Hire to The Company together with its payment of the appropriate Booking Deposit or Event Fee payable in accordance with Schedule 1 of these Terms and Conditions of Hire. However for clarity, the Contract for Hire shall be legally binding on the Hirer once signed as regards payments due under the Terms and Conditions of Hire.
2.3 A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
3. THE EVENT
3.1 In consideration of the payment of the Event Fee, The Company shall grant to the Hiring Party access to and use of the Facilities for the Event Period for the sole use of hosting the Event as described in the booking form and as set out in the Contract for Hire of Venue.
3.2 Unless expressly stated in the contract the Hiring Party shall not have exclusive access to the Venue during the Event and The Company may hire other facilities at the Venue to another Hiring Party or make use itself of any underused or unused areas within the Venue at its entire discretion.
3.3 The Hiring Party shall not assign, novate transfer or share the benefit of this Agreement or the rights, interest and benefit under it without the prior written consent of The Company
3.4 While The Company shall use reasonable endeavours to provide the Facilities and access to the Venue The Company shall not be liable to any party whether in contract, tort or otherwise for any failure in whole or in part to provide the Facilities or access to the Venue or for any delay in providing the same, or for any interruption of the Event due to any circumstance which is beyond The Company’s reasonable control. No refund in whole or in part shall be due in respect of such a failure, delay or interruption. Consequently the Hiring Party IS STRONGLY ADVISED TO OBTAIN cancellation/delay insurance to cover such eventuality and shall, whether or not insurance cover is obtained, pursuant to condition 15 below indemnify The Company on demand in respect of any costs claims or damages suffered by The Company as a result of any claims arising from such cancellation or delay.
4. THE HIRING PARTY’S OBLIGATIONS
4.1 The Hiring Party shall pay the Event Fee, Booking Deposit and Security Deposit in accordance with the schedule, timings and amounts set out in the table in Schedule 1 of these Terms and Conditions of Hire. Any late payment of the Booking Deposit shall entitle The Company to cancel the booking and terminate the contract, although the hirer’s obligations as regards payment shall continue to be binding as set out in 2.2 above.. Any late payment of the Event Fee shall be subject to interest being payable at a rate of four per centum above the base rate of Lloyds TSB Bank PLC calculated on a day-to-day basis from the date on which the same became due and payable down to the date of payment.
4.2 The Hiring Party shall obtain and/or bear the cost of any Necessary Consents and shall comply with the requirements of, and indemnify The Company against any claims costs or damages arising out of breach of the same. The Hiring Party shall produce upon request for The Company’s inspection any such Necessary Consents.
4.3 The Hiring Party shall procure that no aspect of the Event
4.3.1 Endangers any person in any way
4.3.2 Brings The Company into disrepute and/or damages the reputation of The Company and/or the Venue or is detrimental to The Company in any way; or
4.3.3 Exposes The Company to any civil criminal liability
4.3.4 In the reasonable opinion of The Company is obscene immoral or offends against normal standards of decency,
4.3.5 Contains any performances involving striptease, nudity, hypnotism, mesmerism or similar without the prior written consent of The Company
4.3.6 Contains any element of collection of monies, games of chance, sweepstake or lotteries or any betting without the prior written consent of The Company
4.3.7 Has noise levels that exceed MNL limit of 83dB LAeq without prior written permission, such to be conditional upon the Hirer providing and making available pre-approved Protective Personal Equipment for staff and guests. If the noise limit is exceeded without prior permission, a penalty will be charged to the Hiring Party the level of which will be based on the expected fine to The Company by the Licensing Authority whether or not such a fine is imposed on The Company
4.4 The Hiring Party shall ensure that the Facilities shall not be used for the performance in public of any dramatic, musical or other work or for the delivery in public of any lecture or entertainment in which copyright subsists without the prior written consent of the owner of the said copyright, and will not in any other manner infringe any subsisting copyright and will indemnify The Company against all costs, expenses and/or damages which The Company may have to pay or incur by reason of any infringement of copyright.
4.5 The Hiring Party shall not bring into the Venue or Facilities any equipment without the express permission and knowledge of the Manager of the Venue as indicated by the signature on the Contract for Hire of Venue. Equipment may need to be tested prior to permission being given.
4.6 The Hiring Party shall not permit any alteration or addition (temporary or otherwise) to the Venue or any part of it or the Facilities, nor shall the Hiring Party fix or cause to be fixed, any apparatus, equipment, notice or decoration without the prior written permission of The Company.
4.7 The Hiring Party shall not do anything in or on the Facilities or Venue which causes any actionable nuisance, damage, disturbance or injury to The Company or the owners and occupiers of any other property in the vicinity.
4.8 The Hiring Party shall ensure that all persons and parties under its control who are admitted to the Event conform in all respects to these Terms and Conditions of Hire, and any additional regulations and licences governing the use of the Facilities
4.9 The Hiring Party shall not engage third party contractors for the Event without first obtaining the prior written consent of The Company. The Hiring Party acknowledges that The Company may impose any conditions on the engagement of such third party contractors and undertakes not to engage such contractors without satisfying such conditions to the satisfaction of The Company
4.10 At the end of the Event Period, the Hiring Party must return the Facilities to the condition in which they were provided. Without limiting the foregoing the Hiring Party shall ensure that:
4.10.1 All rubbish and food has been removed from the Facilities; and
4.10.2 Any equipment brought onto the Facilities by the Hiring Party or the Hiring Party’s sub contractors or agents, including catering equipment, staging, lighting and beverages, is removed before the end of the Exit Time, except with the prior written consent of The Company.
4.11 The Hiring Party shall not cause and shall prevent any damage to the Venue and the Facilities and any fixtures, fittings, decorations, furnishings, content and/or equipment within the Venue and the Facilities.
4.12 The Hiring Party shall not bring any helium balloons into the Facilities except with the prior written consent of The Company
4.13 The Hiring Party shall ensure that the maximum number of people permissible for the Event as specified in the Contract for Hire of Venue is not exceeded during the Event Period.
4.14 The Hiring Party shall use its best endeavours to ensure that:
4.14.1 All persons attending the Event shall leave the Event quietly; and
4.14.2 That any vehicles picking up persons leaving the Event switch off their engines whilst waiting outside the Facilities; and
4.14.3 That any person at or leaving the Event does not congregate or cause nuisance on the public highway in the vicinity of the Facilities; and
4.14.4 That any person at or leaving the Event does not set off any fireworks in the vicinity of the Facilities.
4.15 The Hiring Party understands that by law no smoking is permitted anywhere inside the Venue. The Hiring Party shall be responsible for ensuring that Event guests and any contractors or suppliers of services do not smoke anywhere in the Venue.
4.16 The Hiring Party shall ensure that the designated smoking area (ref Clause 5.6) is kept reasonably clean to ensure no additional cleaning shall be provided (ref Clauses 1.11 and 7.12) and smokers there do not cause any disturbance or create excessive noise.
4.17 The Hiring Party shall ensure that neither he nor his Event guests interfere with, obstruct, wedge open or tie closed any fire doors, or fire exit doors.
4.18 The Hiring Party shall ensure that he complies with all obligations and requirements of the Data Protection Act 2018 and/or the General Data Protection Regulation in respect of any personal data for which he is the Data Controller or Data Processor as defined in those pieces of legislation. The Hiring Party shall be solely responsible and liable for any breaches of such legislation or any damage to, loss theft or destruction of or interference with any such data.
5. THE FACILITIES
5.1 No person, including smoking guests, shall be admitted or readmitted to the Facilities other than in accordance with the Venue’s licence conditions as advised to you separately.
5.2 The Company reserves the right at its absolute discretion to refuse the admission of, or to evict any person from, the Facilities or the Venue. Admission by complimentary tickets is not permitted except with previous written permission of The Company.
5.3 If the Hiring Party fails to perform any of its obligations under 4.10 and 4.11 then The Company shall be entitled to (i) clean and repair the Venue and/or Facilities to a condition comparable to its condition prior to commencement of the Event; and (ii) make good any physical damage to the Venue or Facilities caused in relation to the staging of the Event and the Hiring Party shall pay to The Company on demand the reasonable and proper cost incurred by The Company in doing so. The Company reserves the right to make deductions from the Security Deposit paid to The Company in respect of any such costs incurred and/or to invoice the Hiring Party for any amount in excess of the level of the Security Deposit and the Hiring Party shall pay any balance remaining on demand.
5.4 The Company reserves the right to withhold in full or in part the Security Deposit paid by the Hiring Party, in order to offset any reasonable costs incurred by The Company in respect of additional services required under clause 7.
5.5 The Hiring Party agrees that the hire is subject to the renewal by the authorities concerned of such entertainment and other licences, consents or permits as may be applicable, and to such conditions, restrictions and requirements as may be imposed thereunder, and that if for any cause licences shall not be renewed or shall be suspended or determined (whether in whole or in part), the Hiring Party shall not have nor shall he make any claim upon The Company for compensation in respect of any loss or damage sustained by reason of the non renewal, suspension or determination of the Licences, or of any suspension or determination of the hiring consequent thereon or upon the making of any rules or conditions there under, or by reason of any rules or conditions which may be made thereunder.
5.6 Where possible a dedicated outdoor smoking area will be designated by the staff on duty.
6. CANCELLATION / TERMINATION
6.1 Cancellation by the Hiring Party:
6.1.1 The Hiring Party may cancel the booking of the Event but The Company shall only issue a refund where it becomes due in accordance with the strict application of the policy set out in Schedule 1 of this Agreement.
6.1.2 In extreme circumstances, the Partnership Manager or Events Manager may consider partial refunds at his / her absolute discretion.
6.2 Cancellation by The Company –
6.2.1 The Company may terminate this Agreement with immediate effect by written notice to the Hiring Party on, or at any time after any breach of any of the Hiring Party’s obligations contained in this Agreement, including but not limited to the obligations set out in clause 4 which (where the same shall be capable of remedy) the Hiring Party has failed to remedy within a reasonable period of being required so to do, and termination. The Company shall be entitled to claim from the Hiring Party the cost of remedying any breach by the Hirer or any person attending the Event.
6.2.2 The Company may terminate this Agreement with immediate effect by written notice to the Hiring Party at any time (but providing as much notice as is reasonably possible) if in The Company’s reasonable opinion the Venue is not safe to hold the Event (either as a result of damage caused to the Venue during the Event or otherwise) or if holding the Event will present a health and safety risk to any party or the nature of the Event would or may contravene any relevant statute, order regulation, rule of law or any requirement including that of any Public or Local Authority Police or Security Services.
6.2.3 The Company may terminate this Agreement with immediate effect by written notice to the Hiring Party on, or at any time after, the Hiring Party becomes insolvent or unable to pay its debts
6.2.4 Termination is without prejudice to the rights or remedies of either Party from this Agreement that are subsisting as at termination
6.3 Save as otherwise provided The Company shall accept no liability whatsoever in relation to the termination of this Agreement in accordance with the terms of this clause 6.
6.4 The Company hereby expressly excludes to the greatest extent permitted liability of its officers directors employees representatives contractors licensees and designees from any liability to the Hiring Party whether arising in contract tort breach of statutory duty or otherwise for any loss, damage, expense, cost or other liability whatsoever incurred or claimed to be incurred by the Hiring Party or its contractors, licensees or agents in connection with a termination pursuant to this clause 6.
6.5 The Hiring Party may suffer losses or costs if an Event is cancelled postponed or delayed for any reason. This may include (but is not limited to) ticket sale refunds, promotional fees/sponsorship, payments in relation to contractual obligations to suppliers, performers, relocation fees, etc. In such circumstances, the Hiring Party shall be fully responsible for dealing with all aspects of the cancellation or postponement, including complaints, queries, publicity, re-booking of event or alternative venue etc and The Company shall not be responsible for nor undertake any such activities required as a result of the cancellation or postponement.
7. ADDITIONAL charges
7.1 The Hiring Party shall be charged for:
7.1.1 An hourly rate for each hour or part hour that the Hiring Party remains at the Venue beyond the Exit Time, such charge to be deducted from the Security Deposit or invoiced and paid on demand by the Hiring Party if the Security Deposit is to be used wholly or partly otherwise; and
7.1.2 Any additional costs incurred by The Company for the provision of any additional services required before, during or after the Event including but not limited to any additional cleaning necessary (of in particular, but not limited to bathrooms, washrooms sinks and toilets) or provision of security services notwithstanding that those additional services may not have been requested by the Hiring Party but were in the reasonable opinion of The Company were necessary. The level of such costs will be deducted from the Security Deposit or invoiced and paid on demand by the Hiring Party if the Security Deposit is to be used wholly or partly otherwise.
8. SUPERVISION OF THE EVENT
8.1 Subject to the staff provided by The Company specified in clause 8.2 below, The Hiring Party shall organise, staff and run the Event.
8.2 The Company shall provide the required number and type of staff needed for the Event in The Company’s reasonable opinion. The costs of such staffing are set out on the Cost Proposal Document and included in the Event Fee.
8.3 The Hiring Party shall pay for the costs of any staff provided by The Company notwithstanding that the Hiring Party did not request any such staff. Such payment will be made by the Hiring Party immediately on demand by The Company.
9. ALCOHOL EVENTS
If the Event is an Alcohol Event then, in addition to all other terms and conditions contained in this document:
If the Venue allows hiring parties to provide their own alcohol, the following apply:
9.1 The Hiring Party shall provide all staff to provide alcohol to any person and shall ensure that all such staff have the appropriate licence to serve alcohol; and
9.2 The Hiring Party shall ensure that all conditions of the Venue’s alcohol licence (as advised) are adhered to including:
9.2.1 Alcohol is not sold or supplied otherwise than to persons attending the Event at the Facilities.
9.2.2 No alcohol is sold for consumption outside of the Facilities.
9.2.3 Facilities are not used to sell or provide alcohol outside of these hours :
..........................................................
..........................................................
9.2.4 If the Hire Period is on a Friday or Saturday, the Facilities are not used to sell or provide alcohol after ..........................................................
9.2.5 Alcohol shall not be supplied less than thirty minutes before the closure of the Event.
9.2.6 Except with the prior written consent of The Company, or where alcohol is served at a table accompanying a meal, all alcohol shall be sold or supplied in plastic or paper beakers or cups. Such beakers or cups may have loose fitting plastic or paper lids but otherwise no alcohol may be sold or supplied in closed containers.
9.2.7 Substantial food and non-intoxicating beverages, including drinking water (which is to be provided free of charge), are available throughout the Event.
9.2.8 The bar tenders have worked through and comply with the provisions of The Company’s Challenge 21 training booklet as provided.
10. SPORTING EVENTS
10.1 If the Event is a Sporting Event then, in addition to all other terms and conditions contained in these Terms and Conditions , The Hiring Party shall ensure that:
10.2 Any sporting equipment such as a boxing ring or a wrestling ring is constructed and supported to the satisfaction of The Company; and
10.3 The seating is arranged to the satisfaction of The Company; and
10.4 No equipment shall be moved into or out of the Facilities or Venue after ................................................ ............................................................... hours;
10.5 The number of persons accommodated at any one time in the Venue when in the use for a closely seated audience shall not exceed ............................
(excluding contractors).
11. CATERED EVENTS
If the Company permits catering at the Venue, it does so on the following terms:
11.1 All catering must be provided by a professional catering firm registered with the relevant Local Authority pertaining to the location of the registered office of the catering firm.
11.2 The Company has a small number of “approved caterers” the details of which are available to Hiring Parties upon request.
11.3 Other catering firms may be acceptable to The Company at its absolute discretion and upon receipt of satisfactory evidence of required documentation such as registration with the local authority, HACCP documents, references and appropriate insurance cover (Public Liability, Accidental Damage/Negligence and Professional Indemnity cover of a minimum of £5m). Any catering firms not on the “The Company approved caterers list” must complete and submit risk assessments at least 8 weeks before the Event date. Acceptance by The Company will be by the Events Manager at his / her entire discretion.
11.4 Catering can be arranged through The Company or directly by the Hiring Party with the Catering Firm at the Hiring Party’s discretion
11.5 If the Caterer is arranged directly by the Hiring Party, the Hiring Party is responsible for ensuring that the Caterer removes all cooking oils from the Venue in sealed containers. Failure to do so may result in a deduction from the Security Deposit.
11.6 On exceptional occasions The Company will permit the re-heating and serving of the Hiring Party’s own food using the Venue’s kitchen facilities. However insurance cover will be required in respect of any damage caused to the industrial and professional kitchen appliances or equipment used or located in the kitchen area, in respect of any food hygiene issues (e.g. allegations or instances of food poisoning) or injury to any person present in the kitchen area). The kitchen the equipment and the appliances must be cleaned and returned to the professional standard in which they were provided using appropriate and approved cleaning products. If deemed necessary by The Company, the Hiring Party and any other person being granted permission to make use of the kitchen facilities must attend a training session on the use of the equipment and appliances, and on cleaning processes, products and standards. Alternatively the Hiring Party may engage The Company to clean the kitchen on the Hiring Party’s behalf – please ask for a quote on costs/rates.
11.7 Deep Fat Fryers are not permitted at any Venue
12. PUBLIC EVENTS
12.1 For events that permit access to members of the public, either by ticket sales or admission on the day, the Hiring Party is required to have in place for the entire Event Period Public Liability Insurance, with no onerous exclusions with regard to damage to property or possessions, for a minimum of £10,000,000. For clarity, this is not a limit on liability, only an indication of the minimum of insurance level required.
12.2 Additionally The Company requires the Hiring Party to have in place a valid insurance policy for a minimum level of £10,000,000 to enable it to claim for their losses, including but not limited to, irrecoverable expenses, should such a cancellation or postponement occur, for whatever reason.
13. SOUND AND LIGHTING EQUIPMENT
13.1 No speakers, or drums shall be located in the entrance way to the Venue and the Hiring Party shall not cause or permit to be caused any loud noise in such entrance way;
13.2 Any additional sound generating equipment shall not be used in the Facilities except with the prior written consent of The Company and the Hiring Party shall ensure that such equipment is routed thought the sound limiter device.
13.3 The installation of any staging lighting or sound equipment must be approved by The Company prior to commencement and must be undertaken by a professional company with appropriate insurances with no onerous exclusions as regards damage to property and public liability. All industry standard safety guidelines must be adhered to.
13.4 The Hiring Party specifically acknowledges that a breach of the provisions of clause 13 by the Hiring Party or any person attending the Event shall enable The Company to retain in full or in part the Security Deposit paid by the Hiring Party.
14. PUBLICITY
14.1 All correspondence, posters or publicity advertising the Event should identify by whom the event is organised, and shall not give the impression that the Event has been organised by The Company, or the owner of the Venue.
15. INDEMNITY
15.1 The Hiring Party shall indemnify and keep indemnified The Company on a full indemnity basis against all liabilities, costs, expenses, damages and losses (including all interest, penalties and properly incurred legal and other professional costs and expenses) suffered or incurred by The Company arising out of or in connection with the non performance and observation of the Hiring Party’s obligations under this Agreement
15.2 The Company shall not be liable whether in contract tort of otherwise howsoever for losses or liabilities arising in relation to the delay postponement or cancellation of the Event or the withdrawal of or the unavailability of the Facilities or Venue and the Hiring Party shall indemnify The Company in respect of any liabilities costs expenses damages and losses incurred by The Company as a result of any such delay, postponement or cancellation.
16. EXCLUSION OF LIABILITIES
16.1 To the extent permitted by law, The Company will not accept any responsibility for and will not be liable for any loss theft or damage to any equipment which the Hiring Party may bring into the Venue or into the Facilities, howsoever arising save for loss or damage caused by the negligence of The Company and notwithstanding that The Company may provide the Hiring party with a lockable space for such equipment.
17. LIMITATION OF LIABILITY
17.1 The Hiring Party shall perform its obligations under this Agreement in such a manner as not to put The Company in breach of its obligations to any third parties and shall be responsible for any liabilities incurred by The Company as a result of such breaches.
17.2 Nothing in this Agreement shall exclude or restrict either Party’s liability for fraud, or fraudulent misrepresentation, for death or personal injury resulting form the negligence of that Party or of its employees while actin in the course of their employment or for any other liability which cannot be excluded by law.
17.3 The Company shall have no liability towards the Hiring Party its contractors employees guests or visitors in contract tort (including without limitation negligence) or for misrepresentation or breach of statutory duty or otherwise in respect of:
17.3.1 Any loss or damage caused by the use of The Company equipment or facilities save for loss or damage caused by the negligence of The Company notwithstanding any checks or inspections that may have been carried out
17.3.2 Any loss (including but not limited to loss of profit goodwill revenue or opportunity) or damage which the Hiring Party might suffer as a result of the advice or information provided by any of The Company’s representatives in relation to the Event; or
17.3.3 Any indirect or consequential loss (even if any such loss was reasonably foreseeable) including but not limited to loss of profit, loss of goodwill loss of opportunity and damage to reputation).
17.4 Subject to the provisions of condition 17.2 the maximum liability fo The Company its officers employees or agents arising from the Event shall whether arising in contract tort or breach of statutory duty, be limited to the total Event Fee.
18. PROHIBITED SUBSTANCES and DEVICES
18.1 Except with the prior written consent of The Company the following substances and devices may not be brought onto the Facilities:
18.1.1 dry ice and cryogenic fog
18.1.2 smoke machines and fog generators
18.1.3 pyrotechnics including fire works and sparklers including confetti cannons
18.1.4 firearms
18.1.5 lasers
18.1.6 explosives and highly flammable substances
18.1.7 real flame
18.1.8 strobe lighting
19. CHILDREN
19.1 The conditions of the Venue’s premises licence as advised to you separately shall apply in respect of unaccompanied children. Where no conditions are set, it is the Company’s policy to not allow any children under the age of 16 onto the Facilities after 2100 hours unless accompanied by an individual aged 18 years or over.
20. ANIMALS
20.1 Other than pre-booked “animal related events” (such as dog shows), no dogs or any other animals will be admitted to the Venue except for disability assistance dogs. The person exercising control of any such dog shall comply with any instructions given by or on behalf of The Company.
21. BROADCASTING AND PHOTOGRAPHY
21.1 The Hiring Party shall not grant sound or television broadcasting or filming rights without the prior written conditional consent of both The Company and the owner of the Venue.
21.2 No cameras or other photographic apparatus may be brought into the Facilities for commercial purposes without the written consent of The Company.
21.3 The Hiring Party is responsible for ensuring any photographs or videos taken at the Venue are treated with due respect to the subjects’ privacy particularly with regard to safeguarding of minors and vulnerable adults. The Hiring Party shall be solely responsible for and liable to The Company for any claims against The Company resulting from the inappropriate use, posting, publishing or circulation of such images via whatever medium.
22. INSURANCE RISK ASSESSMENTS
22.1 The Hiring Party shall throughout the Event Period effect and maintain for itself and for its contractors which are connected with providing the Event (or procure such contractors to effect and maintain) such insurances in respect of the Event as may be required by all Applicable Laws and shall in addition effect and maintain appropriate third party and public liability insurance with reputable insurers in each case in a sum of not less than £5,000,000 in respect of each and every occurrence (or £10,000,000 for a Public Event). The Hiring Party shall produce to The Company a minimum of 14 days prior to the Event date a copy of a broker’s letter of undertaking providing evidence that such insurance is in place plus any risk assessments required as advised on the cost proposal document or other advice note from The Company. The Company’s receipt or acceptance of any such letter shall not relieve the Hiring Party from its obligations. Should the Hiring Party fail to provide such evidence of insurance (or risk assessments where required), The Company may cancel the hire of the Facilities by the Hiring Party and the Hiring Party shall not be entitled to any refund of any booking or deposit monies paid to The Company. For clarity, this is a minimum insurance requirement and not a limit of the Hiring Party’s liability.
22.2 The Company shall in respect of its own liability arising form its, its officers and employees acts or omissions for areas of loss for which it accepts liability under these terms and conditions for the duration of the Event Period effect and maintain appropriate occupiers, third party and public liability insurance with reputable insurers in a sum of not less than £10,000,000 in respect of each and every claim.
22.3 The Hiring Party shall inform The Company in writing immediately on becoming aware of any accident or other event which The Company is required to notify to its insurers providing such information as The Company shall require. The Hiring Party shall provide such ongoing assistance in dealing with any such claim as GLL shall reasonably require.
22.4 In consequence of the exclusions and limitations of The Company’s liability contained in these terms and conditions, The Company strongly recommends that the Hiring Party obtains an insurance policy which shall cover and which shall enable it to claim for any losses including but not limited to irrecoverable expenses (including wasted travel and accommodation costs) ticket sale refunds, promotional fees and/or sponsorship, payments in relation to contractual obligations to its suppliers, performers, relocation fees costs of dealing with complaints, queries publicity and re-bookings of alternative venues should such a cancellation or postponement or delay of the Event occur for whatever reason.
For clarity, for events to which the public are admitted, such insurance cover is required under these terms and shall be to a level of £10,000,000. For clarity, this is not a limit on liability, only an indication of the minimum of insurance level required.
22.5 Any damage caused by the Hiring Party must be paid for by the Hiring Party either through deduction from the Security Deposit or if the value of rectification/replacement exceeds the deposit amount, The Company reserves the right to issue an invoice and the Hiring Party shall pay the full amount of the invoice without setoff. The Company may at its absolute discretion agree to accept payment via an insurance company where a relevant claim is approved.
23. DELIVERIES AND COLLECTIONS
23.1 Should the Hiring Party wish to have any goods delivered to the Venue in relation to the Event, this must be pre-arranged with the duty staff at the Venue. Please note responsibility for unloading, installing and storing any such goods remains entirely with the Hiring Party including liability for loss, damage or theft. All such goods must be stored in accordance with the instructions and in the location specified by the Venue duty staff.
24. TRAINING IN USE OF VENUE AND/OR FACILITIES’ EQUIPMENT
24.1 Where necessary, the Hiring Party shall receive training from The Company regarding the use of particular parts of the Facilities’ equipment, including the Dumbwaiters where installed. The Hiring Party shall be responsible for contacting The Company to organise such training prior to the Event. Should the Hiring Party fail to organise such training prior to the Event, then The Company may refuse to allow the Hiring Party to use such equipment during the Event and the Hiring Party shall not be entitled to any refund of the Event Fee.
25. MISCELLANEOUS ACKNOWLEDGMENTS
25.1 The Hiring Party expressly acknowledges that:
25.1.1 the Event may be recorded on CCTV, and such recording may be made available to police, the owner of the Facilities, or any other relevant party as necessary, provided always that The Company shall adhere to the requirements of the Data Protection Act 2018 and the General Data Protection Regulation;
25.1.2 The Company gives no warranty, but will use all reasonable endeavours to ensure that all equipment and facilities included in the Hiring Party’s booking will be in full working order; Should any equipment not be available for the Hire Period, the Hiring Party shall not be entitled to any refund of the Event Fee.
25.1.3 The liabilities and obligations of the Hiring Party in relation to the Event remain in place until the Venue and/or Facilities are handed back to The Company in a satisfactory condition. Notwithstanding any clauses intended to subsist after the end of the Event Period or the contract period, shall continue to be in force.
25.1.4 No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
26. VARIATION
26.1 The Company may vary these Terms and Conditions of Hire at any time and the Hiring Party is deemed to have accepted such variations. The Hiring Party further acknowledges that the Hiring Party shall not be entitled to any refund of the Event Fee in consideration of any such variation.
27. Force Majeure
In this clause force majeure means any event or circumstances beyond the control of the parties including but not limited to riot, civil commotion, national emergency, prohibition, governmental regulation, flood, fire or war. Neither party shall be responsible for failure to carry out any of its duties under this agreement to the extent to which this is caused by force majeure
28. WAIVER
28.1 If The Company fails at any time while these Terms are in force to insist that the Hiring Party performs any of its obligations under these Terms or if The Company does not exercise any of its rights or remedies under these Terms that will not mean that The Company has waived such rights or remedies and will not mean that the Hiring Party does not have to comply with those obligations.
28.2 If The Company does waive a default by the Hiring Party that will not mean that The Company will automatically waive any subsequent default by the Hiring Party. No waiver by The Company of any of these Terms shall be effective unless The Company expressly says that it is a waiver and The Company tells the Hiring Party so in writing.
29. Severance
If any court or competent authority decides that any of the provisions of these Terms are invalid unlawful or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
30. Law
This Agreement shall be governed by and construed in accordance with English law including in relation to no-contractual disputes) and we both agree to the non-exclusive jurisdiction of the English courts.