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All Events shall be subject without exclusion to the following Terms and Conditions.
In these Terms and Conditions the following definitions apply:
“Agreement” is the letter of agreement and terms and conditions;
“Client” is the person, organisation, company or other body responsible for booking the Event and includes its employees, agents or subcontractors;
“Company” is Friends House (London) Hospitality Ltd;
“Delegates” means people attending the Event;
“Event” is the event in respect of which the Client has made a booking;
“Friends House” is the building at Friends House 173-177 Euston Road London NW1 2BJ;
“Hiring Period” the period of hire of the Venue;
“The Light” is the main auditorium;
“Letter Agreement” is the letter agreement attached to these Terms and Conditions which form part of the Agreement;
‘’The Society’’ is the Britain Yearly Meeting of the Religious Society of Friends (Quakers);
“Terms and Conditions” are these terms and conditions; and
“The Venue” is the rooms hired, as shown in the Letter Agreement.
Failure to return a signed copy of the Agreement and pay the initial deposit (if applicable) may cause The Company to release the reservation and re-book the space with another client.
1. THE AGREEMENT
Subject to the acceptance, observance and performance of the conditions set out in various parts of this Agreement, the Company hereby licenses and authorises the Client (his agents, assigns and all persons duly authorised by him or them) to enter upon and use such parts of Friends House for the sole purpose of holding the Event mentioned in the letter agreement for the Hiring Period.
All reservations will be held on a provisional basis for a limited period of time, as outlined by The Company on page 1 of the Agreement. If this signed Agreement and initial deposit (if applicable) have not been received by this date all spaces are subject to release without further notice. The Company will only accept a reservation after this date from the Client on a space available basis.
3.1 In addition to the Venue to be provided as described in the Letter Agreement, the Company will use its reasonable endeavours to provide the Client with the Services as listed in the Letter Agreement. However, in the event of the Company’s inability to provide any or all of the Services, the Client hereby agrees to make no claim against the Company for or in respect of any loss, damage, delay, injury, costs, charges or expenses thereby sustained.
Unless otherwise agreed in writing;
4.1 Payments will be made by the Client in accordance with the Deposit and Payment Details in the Letter Agreement.
4.2 The Company reserves the right to retain any payments received following the cancellation of the booking in accordance with the cancellation charges set out in Clause 5.
4.3 Any payments due from the Client must be paid by the due date specified in the Letter Agreement or if the Client receives an invoice for additional payments, within 30 days of receipt of the invoice. If the Client fails to pay the deposit amount due by the date specified, the Company may treat the booking as having been cancelled by the Client.
4.4 The Company may, without prejudice to its other rights, charge interest and compensation on overdue accounts (30 days or more) pursuant to The Late Payment of Commercial Debts (interest) Act, 1998.
4.5 The Company has the right to refuse future bookings until all overdue payments are settled and may request full pre-payment on all subsequent bookings.
4.6 Full pre-payment will automatically apply to new Clients, bookings worth over £3,000, bookings that use The Light, non UK based companies, individuals and Clients with no credit with the Company.
4.7 If the Client requests to the Company that payment is to be made by a 3rd party, the Company will require written confirmation from the 3rd party that they accept liability for such payment. This must be received by the Company no later than 48 hours prior to the start of the Hiring Period. The Client remains responsible for full payment of all payments due, unless and until paid by the 3rd party.
5. CANCELLATION BY THE CLIENT
If the Client cancels an Event, the following charges will be due. In each case, the percentage charge applies to the estimated total for the Event at the time of cancellation as outlined in Letter Agreement.
Totals less than £3k
For cancellation more than 60 days prior to the Hiring Period– No charge
For cancellation between 31 days and 60 days prior to the Hiring Period– 25 %
For cancellation between 1 day and 30 days prior to the Hiring Period – 100 %
Totals more than £3k
For cancellations more than 360 days prior to the Hiring Period – no charge
For cancellation between 271 days and 360 days prior to the Hiring Period – 25 %
For cancellation between 181 days and 270 days prior to the Hiring Period – 50 %
For cancellation between 91 days and 180 days prior to the Hiring Period– 70 %
For cancellations between 1 day and 90 days prior to the Hiring Period – 100 %
At its discretion, the Company will waive or refund all or portion of assessed cancellation fees, in the event that lost revenue can be recovered by the sale of cancelled space to another client.
6. CANCELLATION BY THE COMPANY
6.1 Should the Company need to make any amendments to the Client’s booking it reserves the right to use another venue (within reasonable proximity) in the same category or higher than that booked without incurring any liability to the Client. The Company will notify the Client of such amendments in writing as soon as possible. The Client can decide to cancel their booking with the Company and find an alternative venue in this instance without incurring any cancellation charges.
6.2 The Company may cancel the booking at any time without incurring any liability to the Client:
- If the Venue or any part of it is closed due to force majeure circumstances set out in clause 21.
- If the Venue is sold or no longer under the management of the Company.
- If the Client becomes insolvent or enters into liquidation, bankruptcy or receivership or the Company has reasonable grounds for believing that the Client is unable or unlikely to be in a position to make payment.
- If the Client fails to pay the deposits requested.
- If the Client is more than 30 days in arrears with any payment to the Company.
- If the booking is in conflict with the Lettings Policy and might prejudice the reputation of Friends House, the Company or the Society.
7. USE OF THE VENUE
7.1 The use of the Venue is wholly controlled and managed by the Company.
7.2 The Client shall not use the Venue for any purpose other than those specified in the Agreement and no activity or Event shall be permitted at the Venue or Friends House which is not fully in accordance with the purposes so specified at the time of booking and included in the description in the Letter Agreement or which would imperil the licenses held by the Company. The Company shall be the sole judge as to whether any act or thing done or permitted is or is not in accordance with the purposes specified.
7.3 The Client agrees the following in relation to its use of the Venue:
7.3.1 The Client and Delegates must remain within the specific areas hired by the Client, and must not disturb others’ use of Friends House.
7.3.2 The Client will not use any part:
(a) for any unlawful purpose or in any unlawful way;
(b) for any immoral purpose or in any immoral way;
(c) in any way which could damage the reputation of the Company or the Society;
7.3.3 The Client will not act in any way likely to invalidate or affect any insurance policy taken out in respect of Friends House. The Client shall ensure that persons using the Venue during the Event comply with this clause;
7.3.4 The Client will not use any equipment in the Venue without the prior written consent of the Company;
7.3.5 The Client will not make any alteration or addition whatsoever to the Venue without the prior written consent of the Company;
7.3.6 The Client will not drive any bolts, nails, tacks, screws, pins or other like objects into any part of the Venue or use any adhesive to attach anything to any part of the Venue without the prior consent of the Company;
7.3.7 The Client will not alter, move or in any way interfere with any lighting, heating, power or other electrical fittings or appliances in the Venue;
7.3.8 The Client will not display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Venue or elsewhere in Friends House without the prior written consent of the Company;
7.3.9 The Client will not do anything at the Venue which is illegal or which may be or become a nuisance (whether actionable or not) damage, annoyance or inconvenience or disturbance to the Company or any other people in Friends House or any owner or occupier of neighbouring property. The Client shall ensure that persons using the Venue during the Event comply with this clause
7.3.10 The Client will not obstruct any common parts of Friends House or make them dirty or untidy or leave any rubbish on them;
7.3.11 The Client will not do anything that will or might constitute a breach of any consents or licences affecting Friends House or which will or might vitiate in whole or part any insurance effected by the Company in respect of the Venue or Friends House from time to time.
7.3.12 The Client will leave the Venue in a clean and tidy condition and remove any furniture, equipment and goods at the end of the Hiring Period.
8. DELEGATE NUMBERS
8.1 Minimum guaranteed numbers are as agreed in the Letter Agreement. The Client shall give written confirmation of numbers of Delegates attending the Event not less than seven working days’ prior to the Event (Monday to Friday excluding Bank Holidays)
8.2 If the final number of delegates are higher than the minimum guaranteed numbers, these will be chargeable.
8.3 If actual number of Delegates at the Event exceed the final number stipulated this may result in the Company limiting further attendance at the Event and/or the Company will have the right to terminate the Agreement and cancel the Event. In event of disagreement the Company’s decision is final.
9. CATERING & ALCOHOL
9.1 The Client is not permitted to provide its own food to the Venue. All food must be provided by the Company.
9.2 No wine, beer or spirits may be brought into the Venue by the Client, or the Delegates for the consumption on the premises. The Company may, at its discretion, terminate the Agreement forthwith if this clause is not complied with and, in such event, the Client will not be entitled to reimbursement, either wholly or in part, of the cost of the booking.
9.3 Any food or beverage found in the Venue or Friends House which has been brought in by the Client or the Delegates may be disposed of by the Company at its discretion.
10. LICENSING AND STATUTORY REGULATIONS AND SECURITY
10.1 Friends House and any Events hosted within it are subject to licences and statutory regulations including without limitation those relating to the Health and Safety at Work Act 1974, the Fire Safety and Safety of Places of Sport Act 1987, and entertainment and directions issued by the London Borough of Camden.
10.2 All licences and regulations must be strictly observed by the Client and a copy is available from the Company on request.
10.3 If the Client requires particular security arrangements these may be discussed with the Company and additional charges may apply. The Company’s decision in relation to security arrangements is final.
11. COPYRIGHT, MUSIC, SOUND, FILMING AND THE DISTRIBUTION AND/OR SALE OF LITERATURE
11.1 The Client will obtain prior permission from the Company to carry out any of the following activities at the Venue:
- The organisation or carrying out of any audio and/or visual recording, live links or photography for external publication or distribution;
- The distribution of advertising or promotional material in relation to the event; Note: Invitations to Events held at Friends House must carry the RSVP address of the Client and not that of the Company;
- The affixing or attaching of banners, bills or posters to any walls or fabric of the Venue or railings which form part of the Venue.
- The sale of books and/or other publications at the Venue.
11.2 Any free distribution of literature that may take place by the Client must be done inside the Venue and not in the corridors or any other part of Friends House, including outside the garden and entrances on Euston Road and Endsleigh Gardens.
11.3 The Client is responsible for obtaining any entertainment license from the London Borough of Camden and performing rights licence, i.e. music, both live and recorded, from The Performing Rights Society, copyright licences, licences from the Phonographic Performance Ltd and/or any other permission necessary for activities to be conducted at the Venue or in Friends House during the Hiring Period. A copy of all relevant licences and/or permissions must be provided to the Company prior to the commencement of the Hiring Period.
11.4 Any form of music played at the Event must not be audible outside the Venue. If the level is deemed to be higher than permitted [90dB], the Company may reduce the volume to protect the areas surrounding Friends House. The Client must use a noise controlling device to control the volume level. In the event of a dispute over noise, the Company’s decision is final.
11.5 Photographs may only be taken either in the area reserved for the Event or, if outside, in an area agreed with the Company in advance.
11.6 The Client is requested to inform all guests that they must respect the privacy of others and not upload photographs taken at the Venue to social media where this may cause inconvenience or annoyance. The Client is responsible for any costs, claims or fines suffered or incurred by the Company as a result of any claim for photographs taken at the Venue or in Friends House and posted on such media by the Client or its guests offend or breach data privacy or privacy rights.
12. SPONSORSHIP, SIGNAGE AND MARKETING
12.1 The hire of a Venue does not carry with it any implied endorsement from the Company and the Client is not permitted to make any claim for endorsement.
12.2 No images of Friends House (inside and/or outside) may be used by the Client in any form for promotion and/or marketing purposes.
12.3 The title of an Event must not include the words the ‘Religious Society of Friends’, ‘Quaker’ or ‘Friends House’ unless specific permission is first obtained in writing from the Company.
13. HEALTH AND SAFETY
The Client must ensure that:
13.1 Its use of the Venue does not create any health and safety risks. The Client is responsible for ensuring that all activities performed in the Venue give reasonable consideration to other users of Friends House.
13.2 The Client must ensure that it and the Delegates observe all fire and safety regulations. The Client should familiarise itself and the Delegates with the location of fire exits and fire appliances. Access to all doors and fire exits must be kept clear at all times. In the event of a fire, the Client is responsible for reporting to the Company’s Duty Manager immediately and taking all reasonable steps to evacuate Friends House and to ensure the safety of all occupants. Smoking is not allowed in any part of Friends House.
13.3 Stewards for bookings in The Light need to be provided by the Client, appropriate to the total number of anticipated guests, to ensure that there is a smooth movement of guests during the Hiring Period, and to assist in the direction of guests in an emergency or evacuation. As a guide, a minimum of one steward should be nominated per 100 guests (Up to a 7 stewards for maximum capacity).
13.4 Depending on the activity/nature of your booking; the Company reserves the right to request written risk assessments.
13.5 A list of delegate names and appointed stewards should be emailed to Reception@quaker.org.uk at least one full working day ahead of the Hiring Period.
14. WELFARE OF PEOPLE WITHIN FRIENDS HOUSE
14.1 The Client shall ensure that activities for children, young people and vulnerable adults comply with current child protection and vulnerable adult safeguarding requirements and legislation.
14.2 It is the responsibility of the Client to ensure that all necessary child protection checks have been undertaken before the Hiring Period commences. The Company cannot accept any responsibility for the Client’s failure to comply with this requirement.
14.3 All current legislation and regulations must be complied with during the Hiring Period by the Client so as to ensure that no discrimination takes place regarding gender, race, colour, ethnicity, nationality, religion or belief, sexual orientation, disability or age.
14.4 Clients and external contractors may not enter any area other than that necessary and designated for the Event. Entry must be by prior arrangement with the Sales & Events Team, and fire exit and automatic door closures must never be blocked, open or obstructed.
15. ENGAGEMENT OF EXTERNAL CONTRACTORS
15.1 The Company reserves the right to refuse access or eject without prejudice any persons, who it considers to be objectionable (including any person engaged by the Client to provide production, entertainment or perform any other duties at the Event.)
15.2 All contractors and sub-contractors must abide by the terms of this Agreement and the Client shall remain liable for any of their acts or omissions.
The Client must immediately (or on such terms agreed between the Client and the Company) repay to the Company on demand the cost of reinstating/ repairing all or any part of the Venue or any property of the Company which is damaged, destroyed, stolen or removed if the damage is in relation to or caused by the Client, its employees, agents, sub-contractors or the Delegates and any third parties or persons that are present at the Venue as a result of their connection with, or by invitation of, the Client.
17. ROOM CHANGE
The Company reserves the right to move the meeting room, after receiving consent from the Client. A room suitable for your event will be allocated and the Client will be advised as soon as possible of the room name.
18. FINISH TIMES
Events and conferences are required to finish at the times agreed. Extensions to this may be possible and are at the sole discretion of the Company and additional charges may apply.
19. INSURANCE, INDEMNITY AND LIABILITY
19.1 The Client shall at its own expense arrange insurance to cover and keep covered throughout the Hiring Period all its risks and liabilities under this Agreement including risks of cancellation.
19.2 The Client hereby agrees to be liable for and indemnify and keep indemnified the Company from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief (including direct, indirect or economic or consequential loss) brought, made or awarded against or incurred by the Company (directly or indirectly) arising from:
19.2.1 any use of the Venue by the Client or the third parties/individuals it permits access to the Venue under this Agreement;
19.2.2 any breach or non-performance of all or any of the provisions contained in this Agreement on the part of the Client;
19.2.3 any act or omission, default or breach of statutory duty on the part of the Client or anyone connected to the Client including those contracted by the Client;
19.2.4 any claim by anyone connected to the Client for payment for work done or services rendered;
19.2.5 subject to clause 19.7, any injury or death to persons in or about the Venue, damage to the Venue, the contents of the Venue or property or equipment of the Company, arising out of or in connection with the exercise by the Client of its obligations under this Agreement and/or the Client’s occupancy of the Venue.
This indemnity will not arise in the event that any of the above circumstances are caused as a direct result of the action or inaction of the Company or on following the specific orders of the Company.
19.3 The Company will not be accountable for any items brought on site by the Client or third parties at the start of Hiring Period or left on site once the tenancy ends. If The Company agrees (in writing) for any items to be collected at a later date, these items will still be left at the owner’s risk and liability remains with the owner.
19.4 Subject to clause 19.7, the Company shall not be liable or responsible for and the Client shall make no claim against the Company for or in respect of any loss, damage, delay, injury, costs, charges or expenses arising out of or in connection with all or any of the following matters or things namely:
19.4.1 non-availability of any Venue for the exercise of the rights hereby granted or otherwise for the purpose of the Event by reason of fire, explosion, water, flood, storm, extreme weather condition, malicious damage, aircraft, war, terrorist action, statutory prohibition, riot, civil commotion, strike (whether of the Company’s employees or by the staff of one of the Company’s suppliers), lockout trade dispute, default by any other or former Client in complying with the terms of this Agreement or other cause outside the control of The Company;
19.4.2 failure of or default in or breakdown of gas, water, telecommunications or electricity supply or of any apparatus installed or used in connection therewith (whether within or without any part of the Venue or Friends House) or of any ventilation system or sanitary arrangements or convenience within or appertaining to the Venue or Friends House or of any heating system normally serving any part of the Venue or Friends House;
19.4.3 theft breaking-in or trespass upon any part of the Venue or Friends House;
19.4.4 postal bookings which do not reach the Company;
19.4.5 loss or damage to any goods or other property whatsoever of the Client upon any part of the Venue or Friends House (either within or without the Hiring Period) except to the extent such a loss or damage has been caused by wilful negligence of the Company;
19.4.6 loss damage or injury arising from any cause whatsoever to persons visiting any part of the Venue or Friends House during the hiring period except in the case of injury or death to the extent that any such injury or death has been caused by negligence of the Company;
19.5 Without prejudice to clause 19.6, and notwithstanding anything contained in this Agreement, in no circumstances shall the Company be liable in contract, tort (including negligence) or breach of statutory duty, misrepresentation or otherwise;
19.5.1 for any increased costs or expenses;
19.5.2 for any loss or future loss of profit, business, contracts, revenues or savings; or
19.5.3 for any special, indirect or consequential loss or damage of any nature whatsoever.
19.6 Subject to clause 19.7, the Company’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty) shall be limited to a sum equivalent to the payments made by the Client for the hire.
19.7 Nothing in this Agreement shall exclude or in any way limit;
19.7.1 either party’s liability for death or personal injury caused by its own negligence;
19.7.2 either party’s liability for fraud or fraudulent misrepresentation; or
19.7.3 any other liability which cannot be limited or excluded by law.
20.1 The Company may terminate this Agreement immediately on giving the Client written notice:
20.1.1 if the Client does anything which in the reasonable opinion of the Company brings the reputation of the Company into disrepute in any way or carries out any activities which are or may be prejudicial to the good reputation and image of the Company;
20.1.2 if the Client fails to pay any sum due to the Company after the due date and the Company has given the Client 14 days' written notice requiring it to pay and the Client has failed to pay in the 14 day period.
20.2 Any party may terminate this agreement immediately by giving notice to the other party at any time if:
20.2.1 any other party commits a material breach of any material term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so or any other party repeatedly breaches any of the terms of this agreement;
20.2.2 any other party, being a company, presents a petition or has a petition presented by a creditor for its winding up or enters into any liquidation (other than for the purposes of bona fide reconstruction or amalgamation), or calls a meeting or its creditors or has a receiver of all or any of its undertakings or assets appointed or it is deemed to be unable to pay its debts; or
20.2.3 any other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
20.3 In the event of the Agreement being terminated by the Company pursuant to clause 20.1.1, the Client shall forfeit to the Company any deposit or other payments he may have made and any payments due to be made and shall have no claim against the Company for any damage or loss he may sustain or otherwise in consequence of such termination.
21. FORCE MAJEURE
21.1 A Force Majeure Events means any circumstances not in the Company’s reasonable control, including without limitation:
21.1.1 acts of God, flood, drought, earthquake or other natural disaster;
21.1.2 epidemic or pandemic;
21.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
21.1.4 nuclear, chemical or biological contamination, or sonic boom;
21.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition,
21.1.6 collapse of buildings, fire, or explosion;
21.1.7 any labour or trade dispute, strikes, industrial action or lockouts; and/or
21.1.8 interruption or failure of utility service.
21.2 The Company shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from a Force Majeure Event. In such circumstances the Company shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 28 days, either party may terminate this agreement by giving written notice to the other party.
21.3 If the Company is unable to provide the Venue on the day of the Event, due to a Force Majeure Event, the Company shall advise the Client of the same and the parties shall discuss in good faith an alternative date for the provision of the Venue. Where an alternative date cannot be mutually agreed, the Company shall have the right to cancel this agreement, without liability, on providing the Client with written notice.
22.1 The Company shall have the ability to assign, subcontract or transfer any of its rights or obligations under the Agreement as it sees fit.
22.2 The Client shall not assign, dispose or sublet the benefit of this agreement without the previous written consent in writing of the Company.
23. THIRD PARTY RIGHTS
None of the terms of the Agreement are intended to be enforceable by any third party nor is it intended that this Agreement will confer any right on any person pursuant to the Contracts (Rights of Third Parties) Act 1999.
No variation of this Agreement shall be valid unless it is in writing and signed by, or on behalf of, each of the parties.
Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement by law to the Company shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy.
If any provision of the Agreement (or part of any provision) is found by a court to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
27. RIGHT OF SET OFF
The Company shall have the ability to deduct any sums owed to it by the Client against any sums it owes whether any such sum is present or future (whenever arising), liquidated or unliquidated, under this Agreement or not. Any exercise by the Company of its rights under this clause shall be without prejudice to any other rights or remedies available to it under this Agreement or otherwise.
Any notice, demand or request to or upon the Client may be sent by ordinary pre-paid post addressed to the Client at the Client’s address given in this Agreement and shall be deemed to have been served within two business days of posting.
29. ENTIRE AGREEMENT
This Agreement and the attached addendum and any other documents referred to in it constitute the whole Agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) but is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent mistake based on any statement in this Agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
The Agreement shall be governed by the laws of England and Wales and the parties agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.
32. RIGHT OF ENTRY
The Company alone reserves to itself, its employees, agents and those authorised for the purpose, at all times a right of entry into the hired part of the building and a right to refuse admission or to eject from the building any person for any reason and without stating such.
The Society monitors and records sections of Friends House both inside and outside using CCTV for the purposes of Health and Safety and security.