HaverHub Booking Terms & Conditions

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PARTIES

(1) HaverHub C.I.C. (HaverHub)incorporated and registered in England and Wales with company number 10805101 whose registered office is at Barris Hill Farm, Treffgarne, Haverfordwest, Pembrokeshire, SA62 5LW (‘The Owner’)

(2) 

(‘The Hirer’)

AGREED TERMS

 

1. INTERPRETATION

1.1  The definitions and rules of interpretation in this clause apply in this agreement.

‘The Hirer’ means the individual hiring or enquiring about hiring the facility, whether for themselves or on behalf of an organisation.
‘Additional Costs’ means the sums set out in Schedule 2 of this agreement.
‘Booking Fee’means the sum set out in Clause 2c.
‘Contract’ means these Terms & Conditions and the details in the Booking Form that the Confirmation is based on. At the point of Confirmation, when fees due are received the Booking Form becomes a Contract.
‘Deposit’ means the sum as set out in Clause 2b.
‘Event’means the function referred to on the Booking Form.
‘Event Staff/Manager’means any and all of the Hirer’s employees, contractors (including but not limited to Third Party Contractors), sub-contractors, agents and suppliers and anyone else directly or indirectly associated with the Event (other than HaverHub’s staff)
‘Guests’means the people that attend the Event
‘Hiring Details’means those details of the Event, the Hirer and terms of contract set out in Schedule 1 of this Agreement
‘Hiring Period’means the period stated in Schedule 2 of this Agreement during which HaverHub grants the Hirer the right to use the Permitted Area and to provide the Hirer with the Services (if any)- the date(s) and time(s) for hire referred to in the confirmed booking form and other correspondence.

‘Permitted Area’means that part of the Premises (including the contents of that part of the Premises) identified in the Booking Form
‘Premises’ means HaverHub or a specific section/s of the building: The Old Post Office, 12 Quay Street, Haverfordwest, SA61 1BG
‘Provisional Booking’means the state of the booking until it is confirmed and all fees due are paid.

‘Representative’means the HaverHub Site Manager or Caretaker

‘Services’means those services (if any) to be provided by HaverHub set out in the Booking Form
The Hirer’ means the person signing the contract for hire. Where an organisation is named in the contract that organisation shall also be considered the Hirer and shall be jointly liable with the person who signed the contract.

‘Third Party Contractor’means any external service providers hired by the Hirer for an Event for example: outside caterers or staff.

 

2. FEES AND CHARGING
Provisional Bookings will be held on a first come first served basis for 7 working days.  A Provisional Booking is considered confirmed when this agreement is completed, signed by The Owner and The Hirer and all due fees are paid.

The Hirer must pay the following fees plus Value Added Tax (where applicable):

2.1 TheHire Costs, determined in Schedule 2.
2.2 The Deposit –A £150 Deposit is required. This consists of a Booking Fee of £25 which is payable at the point of booking. The remaining £125 will be payable at the point of Confirmation. The whole Deposit is non-refundable in the event of the circumstances laid out below.

  • If the permitted is left in an unacceptable state(deemed by a HaverHub representative Site Manager or Caretaker on keys handover);
  • there is any damage;or additional cleaningis required, then the sum necessary to restore the space to its required state will be deducted from the Deposit.

2.3 TheBooking Fee– Of the £150 Deposit, £25 is a refundable Booking Fee, should the Event go ahead as planned. Should the Hirer cancel the Event under any circumstances, this £25 will not be refunded – (see Cancellation tariff below) and the remaining £125 will be refunded subject to Cancellation Fees.
2.4 Cancellation Feeswill apply as follow:

14 or less days’ notice received prior to Event The Hirer is liable to pay 100% of the Hire Costs
Between 15-42 days’ notice received prior to Event The Hirer is liable to pay 100% of the Deposit
43 or more days’ notice received prior to Event the £25 Booking Fee will be retained and £125 returned

Haverhub reserves the right to cancel confirmed bookings if the subject of the event contravenes Haverhub’s aims and objectives.

2.5 Optional Facilities – 

Bar                                                                       Lighting

Small Heater                                                      PA system

Big Heater                                                          Cleaning

 

3. EVENT CO-ORDINATION
Applications for hire must be made on a booking form (Schedule 1).  The person who signs the form must be over 18 years of age and shall be deemed to be the Hirer. HaverHub reserves the right to refuse any application. The booking will be deemed provisional until confirmed by HaverHub.The Hirer agrees that the Hirer’s Event Manager will be available at all times during the Event.

It is the Hirer’s responsibility to ensure any external electrical equipment not provided by HaverHub is PAT Tested, and that all other equipment is safe to use in every respect.

HaverHub shall not be responsible for any loss or damage to any external property (brought in by the Hirer) arising from letting the Premises to the Hirer. The Hirer accepts full responsibility for making good any damage caused to the equipment or property of an external provider.

The Hirer is responsible for ensuring that all Event Staff are aware of the provisions of this Contract, comply fully with them and follow the reasonable and lawful instructions of HaverHub.

 

 4. CLEARING UP AND CLEANING
Any equipment used for the Event which has not been provided by HaverHub must be removed within the agreed day(s)/times specified in the Booking Form. If the Hirer does not comply with these obligations, HaverHub may move such equipment and charge the Hirer any costs and expenses it incurs in doing so, which the Hirer agrees to pay upon demand.

Any furniture, if moved (at the Hirer’s own risk), must be returned to its original position.

The Hirer is responsible, unless otherwise agreed with HaverHub in writing, for removing all litter or waste resulting from the Event. If the Hirer does not comply with this obligation to HaverHub’s satisfaction, HaverHub may remove the litter or waste and invoice the Hirer for any costs and expenses it incurs in so doing, which the Hirer agrees to pay upon demand.

 

5. DAMAGE TO THE PREMESIS
The Hirer must ensure there is no damage to any part of the Premises or Equipment. The Hirer accepts full responsibility for making good any damage caused to the Premises, Furniture, Equipment or other property of HaverHub.

If any loss or damage to the Premises, Equipment or any property occurs during the use of the Premises for the Event (including during the preparation for and cleaning up after the Event), the Hirer must immediately report this to HaverHub.Where such damage has been caused by the Hirer’s participants, their organisers, their agents/servants or contractors, costs may be incurred as per Clause 2b. HaverHub may undertake the repairs itself and charge the Hirer for all costs incurred, including the cost of specialist craftspeople or consultants.

 

6. DELIVERIES, COLLECTIONS AND VEHICULAR ACCESS
This Agreement does not grant any right to the Hirer or any Event Staff for vehicular access to the Premises or for the parking of vehicles on the Premises.

Access for all deliveries to and/or collections from the Premises of goods in relation to the Event must be agreed in writing before-hand. Access shall be via the loading bay at the entrance on Quay Street. Deliveries and collections must be arranged for times when the HaverHub Representative is available. The Hirer agrees that HaverHub shall not be liable for any goods left unattended by the Hirer or Event Staff during or after loading. The Hirer must make their own parking arrangements unless otherwise agreed by HaverHub.

 

7. HEALTH & SAFETY, CATERING AND FOOD HYGIENE COMPLIANCE
HaverHub observes strict Health & Safety and emergency guidelines (copy available upon request). At all times throughout this Contract, the Hirer must comply and ensure that all Event Staff comply with the following:

7.1 Health & Safety Legislation and relevant industry standards
-Events are not allowed to exceed the agreed seating capacity of the Permitted Area and escape routes must be kept clear at all times.

-The Hirer must ensure that emergency exits are kept clear at all times and fire related equipment is in it’s designated place at all times, as described in HaverHub’s Event Manager Handover/Checklist. In the event of an emergency evacuation the Hirer, all Event Staff and Guests shall evacuate the building immediately using the designated fire exits and upon leaving the building, make their way to assembly points as displayed in AREA.

-The Hirer accepts full responsibility for ensuring all parties are out of the building and accounted for.Please see Emergency Plan and Fire Escape Plan, part of the Event Manager Info Pack.

-The Hirer agrees to submit a detailed Risk Assessment 30 days prior to the Event and agrees to fill out the Event Manager Checklist on the day of the Event, prior to the start time.

-All HaverHub health, safety, fire and environmental requirements, codes of practice and guidance as laid out in the Event Manager Info Pack/Checklist will be adhered to and is the Hirer’s responsibility.

-All Third Party Contractors’ health, safety, fire and environmental requirements, codes of practice and guidance will be adhered to and is the Hirer’s responsibility.

7.2 Catering & Food Hygiene Compliance (own/Third Party Contractors)
Where catering is involved, the Hirer must comply and ensure that all Event Staff and the Hirer’s Third-Party Contractors comply with food hygiene legislation and relevant industry standards at all times.

Where an outside caterer is instructed by the Hirer, HaverHub will not liable for any acts or omissions by the caterer. If HaverHub agrees, then the approved caterer shall have access to specified kitchen facilities. The approved caterer shall supply their own crockery, glassware, cutlery, linen and the like. The Hirer must also ensure that the caterer leaves the kitchen in a clean condition and removes all waste and equipment and other goods brought on-site. A failure by the approved caterer to do so may result in the Hirer incurring an additional charge as per Clause 3.

The Hirer must provide HaverHub with the following prior to the Event:
– copies of any licences, permits or consents required
– the total number of all Event Staff, their names and estimated arrival and departure times.
– details of any deliveries or collections to the Premises for the Event
– expected numbers and seating requirements
– the anticipated security measures proposed for the Event
Failure to provide the names of Event Staff may result in HaverHub refusing entry to any Event Staff who has not been named.

 

8. SECURITY
The Hirer must provide, at the Hirer’s own cost, such security measures as may be necessary or advisable for the protection and security of the Premises and its contents, Guests, Event Staff and their possessions, as determined by HaverHub.

The Hirer agrees to use HaverHub’s approved Security when Security is required – prices as per Schedule 2

The Hirer must make HaverHub aware of the anticipated security measures proposed for the Event no less than 30 days prior to the start of the Event.

At all times when at the Premises, Event Staff must be clearly identifiable e.g. with an Event Staff badge and may be required to produce it to a HaverHub Representative on request. Guests may, if reasonably required by HaverHub, be required to wear identification as a guest at the Event, EG appropriate wrist-banding where ticketing/age/alcohol is concerned. Failure to produce appropriate identification satisfactory to the HaverHub Representative will entitle Security to remove a person from the Premises.

HaverHub reserves the right to:
– refuse to allow anyone or anything to enter or remain on-site if it considers there to be a risk to people or the Premises, or the likelihood of nuisance being caused.
– request to search any Event Staff or Guest entering or leaving or otherwise using the Premises.

 

9. SMOKING
The Hirer agrees that there shall be no smoking inside any roofed area of the Premises, and it is the Hirer’s responsibility to ensure this.

 

10. ADVERTISING
A copy of any promotional literature,images or film is to be sent to HaverHub for approval before publication by the Hirer. HaverHub reserves the right to:
-cancel any Event at any point beforehand based on discrimination evident in said promotional material.
-use any Events’ promotional material before or after the Event, in order to promote both the Event’s activities at HaverHub and HaverHub’s diversity as a venue.

 

11. CONSENTS AND OTHER LICENSES
The Hirer must obtain, and/or ensure that any Third Party Contractor obtains, all licences, permits or consents necessary for the Event to lawfully take place and The Hirer must comply, and/or ensure that any Third Party Contractor complies, with any conditions imposed by such licences, permits or consents. The Hirer is responsible for any liability that arises directly or indirectly as a result of any non-compliance with or breach of such conditions.

The Hirer must provide HaverHub with copies of any licences, permits or consentsrequired for the Event no less than 72 hours prior to the start time.

If HaverHub consents to the Hirer serving alcoholic beverages at the Event, the Hirer agrees to comply with the Licensing Act 2003 and any other relevant alcohol licensing. If for any reason the Hirer believes themselves and/or an Event Staff member might be in breach of any alcohol licensing legislation and/or the premises licence the Hirer must alert the HaverHub Representative immediately. The Hirer agrees to indemnify HaverHub for any losses or liabilities it may suffer as a result of the Hirer and/or the Event Staff failing to comply with each of their respective responsibilities under any relevant alcohol licensing legislation and/or the Premises licence.

 

12. INSURANCE
The Hirer must maintain public liability insurance, with a reputable insurer, for the minimum amount of: £for each and every act or occurrence or series of acts and occurrences. HaverHub reserves the right to stipulate special insurance requirements as may be appropriate.

If the Hirer engages a Third-Party Contractor to carry out activities at the Premises then the Hirer shall ensure that the Third-Party Contractor has sufficient insurance cover, with a reputable insurer, to cover its potential liabilities in relation to its activities at the Premises.

The Hirer must provide satisfactory evidence of compliance with the insurance obligations by providing the Hirer and HaverHub with copies of current certificates or cover notes, including but not limited to Employer’s Liability Insurance Certificate, Public Liability Insurance Certificate and Food Hygiene Certificates.

 

13. INDEMNITY/LIABILITY
The Hirer shall indemnify HaverHub against all liability suffered by HaverHub arising from the Hirer’s use of the Permitted Area (except to the extent it is caused or contributed by the negligence or default of HaverHub) including:

-the full cost of repairing any damage to or replacing any breakages or lost items from the Premises or any of its buildings, fixtures, fittings or contents arising out of the Event;
-all losses, damages or expenses suffered by HaverHub as a result of the Hirer’s behaviour or conduct or that of Event Staff or Guests or any other person the Hirer invites onto the Premises; and
-any civil or criminal liability, costs, claims or expenses which arise directly or indirectly out of the Event or as a direct or indirect consequence of any breach by the Hirer of the provisions of this Contract.

For the avoidance of doubt the Hirer acknowledges that HaverHub, its employees or agents shall not be liable for:
-any damage, loss, delay or expense incurred by the Hirer, the Event Staff, Guests or any other person connected with the Event, except for death or personal injury resulting from proven negligence by HaverHub, its employees or agents;
-damage, theft or loss of any property, goods, articles, possessions, objects or similar things used, kept or left at the Premises.

 

14. HAVERHUB POLICIES
HaverHub is committed to protecting health, wellbeing and diversity. In accordance with this we would expect the Hirer to familiarise themselves with HaverHub’s Equality and Diversity Policy and Modern Slavery Policy. In any Event the Hirer shall not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010 and shall take all reasonable steps to ensure that all the Hirer’s Event Staff or agents and all sub-contractors (including Third Party Contractors and their staff) employed in the provision of the Event do not unlawfully discriminate. In the provision of the Event, the Hirer shall ensure that the Event Staff behave with courtesy and respect to everyone regardless of sex, religion, race, disability and sexual orientation. The Hirer shall provide such information as HaverHub may reasonably request for the purpose of assessing the Hirer’s compliance with this.

 

15. SAFEGUARDING
Film/Photography
– HaverHub may wish to use images of any Event, for a variety of reasons including but not limited to evidence to our funders and our own promotional uses. HaverHub will endeavour to secure relevant permissions from subjects, should this be required.

 

16. STATUS OF THIS CONTRACT
This Agreement does not create any partnership, agency, or employment relationship between the Hirer and HaverHub.

No legal or equitable interest in the Premises or any other right is created by this Contract other than as expressly provided in this Contract and the Hirer must respect HaverHub’s use and continued occupation of the Premises and must not enter any part of the Premises other than the Permitted Area. Nothing in this Agreement grants the Hirer the right to exclusive possession of the Premises or any part, or the right to exclude HaverHub, the HaverHub Representative or the Landlord.

 

17. FORCE MAJEURE
If either the Hirer or HaverHub are prevented from complying with the respective obligations under this Contract by reason of a force majeure event, such event of force majeure shall not be deemed to be a breach of this Contract. In such circumstance HaverHub and the Hirer agree, without prejudice to other remedies, to discuss in good faith how to resolve any resulting problems.

Each party agrees to take all reasonable action to mitigate any disruption caused by a force majeure event.

For the purpose of clarification, a force majeure event shall mean any circumstance beyond the reasonable control of a party which renders the continued satisfaction of that party’s obligations under this Contract illegal or impossible, including, but not limited to, fire, flood (including flooding anywhere in the Premises), Act of God, riot, civil disturbance, industrial dispute (not directly involving either party), war or sabotage.

 

18. ASSIGNMENT

Neither party shall assign, transfer, mortgage, charge, declare a trust of, or deal in any other manner with any of its rights and obligations under this agreement without the prior written consent of the other party.

 

19. ENTIRE AGREEMENT

This agreement (together with the documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

20. VARIATION AND WAIVER

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

20.2  No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this agreement or by law is only effective if it is in writing.

20.3  Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

21. GOVERNING LAW AND JURISDICTION

21.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).[/vc_column_text][/vc_column][/vc_row]

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