VENUE HIRE TERMS AND CONDITIONS
(CONFERENCES, MEETINGS, DINNERS & MISCELLANEOUS EVENTS)
1 DEFINITIONS & INTERPRETATION
In these terms and conditions:
“Agreement” means the venue hire agreement entered into by the Club and the Customer consisting of these Terms and Conditions and the Booking Form taken together once the Club has countersigned a copy of these Terms and Conditions;
“Booking Form” means a form, substantially in the same form of the document to which these Terms and Conditions are attached which, once completed, will form part of the Agreement together with these Terms and Conditions;
“Business Day” means a day, other than weekends, when banks are open in England for general business;
“Club” means West Bromwich Albion Football Club Limited;
“Customer” means the organisation / entity or person named on the Booking Form as the hirer of the Venue, or, as applicable, the contact person of the Customer whose contact details appear on the Booking Form;
“Deposit” shall mean the amount stated under such heading in the Booking Form (if applicable);
“Duty Manager” means an employee of the Club nominated to oversee the Event;
“Event” means the conference, dinner, meeting or other event (excluding weddings – which shall be governed by a separate set of Venue Hire Terms and Conditions) organised by the Customer to be held at the Premises;
“Fee” means the total sum payable (which may or may not include VAT) by the Customer in connection with the Event as stated on the Booking Form under such heading;
“Fee Balance” has the meaning ascribed to it in clause 8.3;
“Hire Period” means the period of time booked by the Customer for the Event, including set up and clearing up time, as set out by the Customer on the Booking Form;
“Premises” means the Hawthorns Stadium located at the address The Hawthorns, West Bromwich, West Midlands, B71 4LF;
“Venue” means the part(s) of the Premises where the Event is to take place, as requested by the Customer on the Booking Form and as confirmed by the Club.
1.2 In these Terms and Conditions, unless the contrary appears:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a party includes its successors;
(c) a reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement;
(d) a reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision;
(e) a reference to writing or written includes fax, letters or e-mail;
(f) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; and
(g) references to clauses are to the clauses of these Terms and Conditions.
1.3 Where there is any conflict between the terms of the Booking Form and these Terms and Conditions, the terms of the Booking Form shall prevail.
2 DETAILS OF THE EVENT
2.1 The Customer must provide the Club with accurate and full details of the proposed Event on the Booking Form or otherwise in writing, including details of any performers, speakers, transmissions or live act that are intended to be involved with the Event and if applicable details of any intended topics or subjects to be discussed at the Event.
2.2 If the details required in accordance with Clause 2.1 are not forthcoming once requested by the Club, or if the Club (at its absolute discretion) deems that the matters for discussion at, or any other element of the Event are or are likely to be, in any way detrimental to the image, reputation and good standing of the Club, the Club’s trademarks and/or the Club’s brands then the Club reserves the right to refuse the booking or cancel the booking in accordance with Clause 12.5(c).
2.3 The Club reserves the right to amend the Booking Form on behalf of the Customer to correct any major errors or mistakes or, with the Customer’s consent, for any other reason.
3 EVENT CAPACITY
3.1 The Fee quoted for the Event shall be based on the number of attendees originally stated on the Booking Form.
3.2 The Customer shall ensure that it confirms to the Club the final number of persons that shall attend the Event at least 28 days prior to the date of the Event. If the confirmed or actual amount of attendees is greater than the original number stated on the Booking Form then the Club reserves the right to impose additional charges on the Customer (and issue any relevant invoices which may be required for such additional charges) at its absolute discretion.
3.3 If the number of confirmed attendees is lower than the number originally stated on the Booking Form, the Club reserves the right to relocate the Event to an alternative Venue. However, for the avoidance of doubt, if the Club chooses the option to move the Event to an alternative Venue in accordance with this clause it will not provide any discount or refund of the Fee.
3.4 The Customer must ensure that the number of persons attending an Event does not (without the prior consent of the Club) exceed the number originally specified by the Customer on the Booking Form.
4 USEAGE (INCLUDING RESTICTIONS ON USEAGE)
4.1 The Customer shall only use the Venue for the purposes specified in the Booking Form.
4.2 The Customer shall not, and shall procure that any attendees or guests at the Event shall not:
(a) allow any animals, other than a guide dog accompanying a person with a visual impairment, to enter or remain on the Premises;
(b) smoke tobacco or e-cigarettes anywhere on the Premises, save for the designated smoking areas or such as areas as may be informed to the Customer by the Club;
(c) bring any illegal substances onto the Premises;
(d) bring any liquid refreshments (including, but not limited to, alcohol) onto the Premises; or
(e) bring any musical instruments or music players onto the Premises without the prior consent of the Club.
4.3 The Club reserves the right, at its sole discretion, to refuse to allow any item onto the Premises and/or into the Venue which it considers to be dangerous or offensive and reserves the right to confiscate such items or refuse entry to any person in possession of such items.
4.4 The Customer shall, and shall use its best endeavours to ensure that any attendees of the Event shall:
(a) at all times act in a respectable and orderly manner;
(b) not cause a nuisance or annoyance to other persons who may be using the Premises or local residents living around the Premises;
(c) reduce any noise generated in connection with the Event and audible noise outside the Venue if instructed to by the Club;
(d) exit the Venue and Premises in a quiet and orderly fashion at the end of the Event;
(e) comply at all times with the Club’s policies and procedures while on the Premises, including but not limited to its health and safety and fire safety procedures;
(f) at all times act in compliance with these Terms and Conditions.
4.5 The Customer shall ensure that all gangways and exits at or around the Venue are kept free and clear of obstruction.
4.6 The Customer accepts full responsibility for first aid arrangements at the Event.
5 CATERING & REFRESHMENTS
Refreshments provided by the Club
5.1 Refreshments to be served by the Club, the cost of which will be included in the Fee, and invoiced accordingly in accordance with Clause 8 below, may be booked through the Club by entering the relevant details on the Booking Form or as otherwise agreed in writing between the Customer and the Club prior to the Event.
5.2 Liquid refreshments (including, but not limited to, alcohol), are not permitted at or on the Venue and/or the Premises.
Refreshments provided by the Customer (food only)
5.3 The Customer may use the catering facilities of the Club subject at all times to obtaining prior written consent from the Club.
5.4 The Customer shall provide the Club with the following a minimum of 14 Business Days prior to the date of the Event:
(a) full details of the caterers the Customer is intending to use at the Event;
(b) up to date copies of all applicable food hygiene certificates for anyone preparing food at the Club’s facilities; and
(c) a copy of an insurance certificate (and/or any other applicable document) which shows that the caterer (or any other party acceptable to the Club at its sole discretion) has taken out public liability insurance for the event for an amount not less than £1.5 million pounds sterling and that such insurance is up to date and all insurance premiums have been paid.
For the avoidance of doubt, failure by the Customer to provide any of the information noted above shall give the Club the right, at its complete discretion, to refuse entry to such caterers at any time prior to or on the date of the Event and the Club shall not be liable for any damage or loss suffered by the Customer and/or such caterers as a result of such refusal.
5.5 The Customer shall ensure that it promptly notifies the Club in the event that any of the documents noted in Clause 5.4 (b) and 5.4 (c) become out of date or invalid for any reason.
5.6 The Customer shall ensure that no person under the age of 18 shall enter the Club’s catering facilities at any time.
5.7 The Club shall not be liable for any loss or damage, including (but not limited to) any loss or damages as a result of food related illnesses, arising out of or in relation to any external catering arranged or carried out by the Customer at the Event.
6 DUTY MANAGER AND EVENTS TEAM
6.1 The Duty Manager will identify themselves to the Customer on or around the start date of the Hire Period.
6.2 Prior to the start of the Hire Period the Duty Manager shall ensure that the Venue is set up as required by the Customer in the Booking Form.
6.3 Immediately following the end of the Hire Period the Duty Manager shall ensure that any materials relating to the Event are removed (if not already done so by the Customer).
7 INSURANCE & CERTIFICATIONS
7.1 Notwithstanding Clause 5.4 (c), if requested by the Club, the Customer must ensure that it (and any relevant third party which the Customer may be proposing carries out services at the Event) has or it takes out (if it has not done already) public liability insurance (and any other appropriate insurance) for the Event at the Customer’s sole cost and expense and that the Club is named as a beneficiary / potential claimant on such insurance policy / policies.
7.2 The Club reserves the right to request a copy of the appropriate insurance policies (as referred to above) or any other reasonable evidence of compliance with the Customer’s obligation set out in Clause 7.1 above and if such evidence is not forthcoming the Club may elect to terminate this Agreement in accordance with clause 12.5(d).
7.3 If requested by the Club, the Customer must ensure that it (and any relevant third party which the Customer may be proposing carries out services at the Event) has in force up to date PAT tested certificates (and any other relevant certifications that the Club may deem necessary) and the Club reserves the right to request copies of such certifications and if such evidence is not forthcoming the Club may elect to terminate this Agreement in accordance with clause 12.5(d).
8 EVENT CONFIRMATION & PAYMENT OF FEE
8.1 Within 10 Business Days of receipt by the Club of the completed Booking Form together with a signed and dated copy of these Terms and Conditions, the Club will:
(a) either refuse in writing or, by returning to the Customer a countersigned copy of these Terms and Conditions, accept the booking for the Event; and
(b) if the booking is accepted, unless otherwise agreed between the Customer and the Club and the details of such agreement are clearly stated on the Booking Form, issue an invoice confirming both the amount of the Fee and the amount of the Deposit (if applicable) to be paid by the Customer.
8.2 Unless otherwise agreed between the Customer and the Club and the details of such agreement are clearly stated on the Booking Form, the Customer shall pay the Deposit (if applicable) within 7 days of the date of the invoice referred to in Clause 8.1(b) above.
8.3 Unless otherwise agreed between the Customer and the Club and the details of such agreement are clearly stated on the Booking Form, the Customer shall pay the remainder of the Fee (if a Deposit has been required) or the total Fee (if a Deposit has not been required) (the “Fee Balance”), in a single lump sum, by the sooner of either (i) the date falling 28 days after the date of the invoice issued by the Club (as referred to in clause 8.1(b)); or (ii) the date falling 10 days prior to the date of the Event.
8.4 The Club reserves the right to amend or vary the Fee and to issue further invoices to the Customer if the Event particulars change after the date of the initial invoice as referred to in Clause 8.1(b) above.
8.5 Payment of the Deposit and/or the Fee may be made by cash, cheque, BACS, debit or credit card.
8.6 If, for any reason, the Customer fails to pay either the Deposit and/or the Fee Balance by the specified due dates above (or by any otherwise agreed due dates as clearly set out on the Booking Form), the Club, at its sole discretion, may cancel the booking in addition to any other rights and remedies it may have under the Agreement.
8.7 All prices quoted exclude VAT.
9.1 Subject to the restrictions set out in this Clause 9, the Customer may decorate or otherwise dress the Venue for the Event.
9.2 The Customer may not decorate or dress any parts of the Premises other than the Venue.
9.3 The following are not permitted unless the Customer has obtained prior consent from the Club:
(a) the erecting or fixing of any banners, posters or any other items to the walls or ceiling of the Venue or any other part of the Premises; or
(b) the use of any paint, screws, nails, pins, adhesives (including blu-tack) or other similar products to any of the walls, ceilings or any part of the fixtures and fittings of the Venue or any part of the Premises.
9.4 Fireworks are strictly prohibited in or on the Venue and/or the Premises at any time.
10 END OF THE HIRE PERIOD
10.1 The Customer shall, and ensure that any attendees of the Event shall, vacate the Premises at the end of the Hire Period.
10.2 At the end of the Hire Period the Customer shall ensure that the Venue and/or Premises are left clean, tidy and in good order.
10.3 If the Premises are not vacated at the end of the Hire Period or if the Venue and/or Premises are not clean, tidy and in good order to the satisfaction of the Club at the end of the Hire Period then the Club reserves the right to impose additional charges on the Customer at its absolute discretion.
10.4 The Customer shall promptly report any damage to the Venue and/or Premises to the Club. The Customer shall be liable to the Club for any such damage (whether or not caused by the Customer or any attendee at the Event) and the Club shall be entitled to invoice the Customer accordingly.
11 RIGHT OF ENTRY
11.1 The rights granted to the Customer shall not operate or be deemed to operate as a demise of the Venue, Premises or any part thereof and do not create a relationship of landlord and tenant. The Customer shall not have or be entitled to have any right, estate or title to the Venue, Premises or any part thereof save as may be expressly provided for in the Agreement.
11.2 The Venue, Premises or any part thereof shall at all times remain in the control and possession of the Club, who reserves the right of entry by its staff, agents, contractors or any other designated persons to the Venue, Premises or any part thereof at all times.
11.3 The Club reserves the right to refuse admission to any person or to evict any person from the Venue, Premises or any part thereof at its absolute discretion.
12 CANCELLATION OF THE BOOKING
12.1 Event bookings are strictly non-transferable and/or non-assignable.
Cancellation by the Customer
12.2 Subject to this Clause 12, the Customer may cancel the booking of the Event at any time.
12.3 If the Customer cancels the booking of the Event at any time after the Fee Balance has been paid, dependant on the date when the Customer cancels the booking, the Club shall refund the Fee Balance in the manner set out below:
Number of weeks / days prior to date of Event Percentage of the Fee Balance only to be refunded by the Club
More than 24 weeks 100%
Less than 24 weeks but more than 12 weeks - notice 75%
Less than 12 weeks but more than 8 weeks - notice 50%
Less than 8 weeks but more than 10 days - notice 20%
Less than 10 days - notice Nil
For the avoidance of doubt, should the Customer cancel the booking at any time after payment of the Deposit then the Deposit, or any part of it, shall not be refundable by the Club.
12.4 The Club hereby reserves its right to seek compensation for any damage or loss it may incur as a result of cancellation of the booking of the Event by the Customer.
Cancellation by the Club
12.5 The Club reserves the right to cancel the Event or to relocate the Event to another equivalent Venue on or at the Premises for any reason and at any time including, but not limited to:
(a) unexpected building work or repairs to the Venue and/or the Premises or other reasons beyond the Club’s control, in which case the Club shall use all reasonable endeavours to notify the Customer promptly of a possible or confirmed cancellation or relocation;
(b) a failure by the Customer to pay the Deposit or the Fee Balance when due;
(c) a failure by the Customer to provide full and accurate particulars of the Event in accordance with Clause 2.2 above;
(d) the Customer fails to provide the Club with the insurance / certification particulars in accordance with Clause 7.2 and/or Clause 7.3;
(e) where the Club deems (in its absolute discretion) that the Customer and/or the Event (or any part of it) are or are likely to be, in any way detrimental to the image, reputation and good standing of the Club, the Club’s trademarks and/or the Club’s brands; or
(f) where a football fixture is re-arranged for the proposed date of the Event.
12.6 The Club further reserves the right to relocate the Event to another equivalent local venue at its sole discretion and at no further cost to the Customer. The Club shall use all reasonable endeavours to notify the Customer promptly if such a relocation may be necessary or is required.
12.7 In the event of a relocation of the Event to any other part of the Premises or at another equivalent local venue then the Club shall not be required to refund or discount any of the Deposit and/or Fee Balance.
12.8 In the event of a cancellation by the Club for any of the circumstances set out in Clause 12(a), 12(e) or 12(f) then in the circumstances where the Event cannot be re-located the Club shall refund the Customer in full for any of the Deposit and/or Fee Balance already paid.
12.9 For the avoidance of doubt, in the circumstances where any Event is relocated or cancelled by the Club then the Club shall not be liable for any damage or loss as a result of such re-location or cancellation (other than, if applicable, for a refund of any sums already paid in accordance with the circumstances set out in Clause 12.8 above).
13 LIMITATION OF LIABILITY & INDEMNITY
13.1 The Club excludes all liability in respect of:
(a) any loss, theft or damage, howsoever caused, or by whoever caused, with respect to any property of any person that occurs in or on the Premises during the Hire Period or otherwise in connection with the Event;
(b) the death or personal injury howsoever and or to whosoever caused which occurs while a person is at or on the Premises or in respect of any loss or damage suffered, caused or sustained by any person in consequence of such death or personal injury (excluding any death or personal injury caused by the Club’s negligence).
13.2 To the fullest extent possible, the Club excludes all liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with this Agreement.
13.3 The Customer shall indemnify the Club, its officers, employees, contractors and agents against any loss or liability which the Club incurs as a result of any breach of this Agreement or any act or omission by the Customer or any attendee or guest at the Event (including, without limitation, any loss or liability in respect of any damage to property as a result of any act or omission by the Customer or any attendee or guest at the Event).
14 FORCE MAJEURE
14.1 In this clause, “Event of Force Majeure” means an event beyond the reasonable control of the Club, including (but not limited to) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, terrorism, civil commotion, malicious damage, sabotage, public demonstration, compliance with any law or governmental or regulatory order, accident, fire, flood, storm or default of suppliers or sub-contractors.
14.2 The Club shall not be liable to the Customer as a result of any failure or delay to perform its obligations under this Agreement as a result of an Event of Force Majeure.
15 LEGISLATION & LICENSING
15.1 The Customer shall strictly observe and adhere to the relevant provisions contained in all child protection legislation, intellectual property legislation and any other legislation that may be applicable to the Event (or any statutory modification or re-enactment thereof) and the Customer shall ensure that it complies with all obligations and requirements of any licensing authority applicable to the Event.
15.2 The Customer must obtain (at its sole cost and expense) any and all licences applicable to the Event and must provide copies of all such licenses to the Club no later than 7 days prior to the date of the Event.
16 CLUB & CUSTOMER CONTACT DETAILS
16.1 All communications with the Club should be made via the events department whose contact details are:
Telephone: 0121 524 3453
16.2 The contact details for the Customer are as set out in the Booking Form.
17 GOVERNING LAW, JURIDICTION AND DISPUTE RESOLUTION
17.1 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by English law and the parties hereby irrevocably submit to the jurisdiction of the English courts.
17.2 If a dispute arises out of or in connection with this Agreement then, except as expressly provided for in this Agreement, the parties must follow the dispute resolution procedure set out in this clause 17.2:
(a) either party may give to the other party written notice of the dispute, setting its nature and full particulars (“Dispute Notice”), together with all relevant supporting documentation. Following service of a Dispute Notice the receiving party and the serving party must attempt promptly and in good faith to resolve the dispute;
(b) if a dispute remains unresolved after 14 days after service of a Dispute Notice , directors or other senior representatives of each party must meet in person to attempt in good faith to resolve the dispute; and
(c) if for any reason the parties are unable to resolve a dispute within 14 days of service of a Dispute Notice, the parties must attempt to settle the dispute by mediation in accordance with the practices of the CEDR. To initiate the mediation, a party must give notice in writing to both the other party and CEDR (a “Mediation Notice”). Unless otherwise agreed between the parties, the mediator will be nominated by CEDR and the mediation will start not less than 14 days after the receipt of the Mediation Notice by the relevant parties. Unless otherwise agreed between the parties the place of mediation will be chosen by the mediator.
17.3 Neither party may commence any court proceedings relating to a dispute arising out of or in connection with the Agreement before the mediation process has terminated unless:
(a) The other party has failed to participate in the mediation for 14 days;
(b) The dispute has not been resolved to the satisfaction of both parties within 28 days following the date of appointment of the mediator; or
(c) At any time a delay in commencing court proceedings would cause prejudice to a party’s interests.
18.1 Any variation or amendment to this Agreement shall not be valid unless it is set out in writing and signed by both the Customer and the Club.
18.2 This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, commitments or understandings. The Customer acknowledges that it has not relied on any statement, promise or representation made or given (whether orally or in writing) by or on behalf of the Club which is not set out within this Agreement.
18.3 Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between the parties or create a relationship of agent and principal between the parties for any purpose.