GENERAL TERMS AND CONDITIONS - EVENT CLIENT


Poundon House, Poundon, Nr. Bicester OX27 9BB

All events booked with (“”) at the above address will be subject to the following conditions (“The Conditions”).

Terms of reference

– () – Us

EC – (Event Client) –  - Yourself

1. Bookings

1.1. The EC has exclusive use of and access to the nominated areas of the House and Grounds as defined within the client booking form.

1.2. The EC shall be responsible to  for ensuring the accuracy of the terms set out in the client booking form and for giving  any necessary information relating to the event within sufficient time to enable  to deliver the event in accordance with its terms.

1.3. will confirm all requests for bookings received by in writing on its standard client booking form, which will include a quotation of the price for the proposed event.

1.4. A booking shall only be deemed accepted by when the client booking form is returned signed by or on behalf of the client together with payment of the deposit as detailed in the client booking form.

1.5. Upon booking, any variation to the event proposed by the client will, subject to legal or regulatory restrictions, be entirely at ’s discretion and would be charged accordingly.

1.6. shall be entitled to charge the EC for any further costs incurred to provide additional services, equipment or facilities, requested and agreed by the EC, but not included within the client booking form.

2. Terms of Payment

2.1. Subject to the Conditions, payment will be made to , without deduction as follows:-

2.2. A deposit payment as outlined in the client booking form at the time of placing a booking to confirm hire of the premises.

2.3. The remaining amount of any outstanding balances as detailed in the client booking form not less than thirty days prior to the date of the event.

2.4. If the EC fails to make any payment on the due date then, without prejudice to any other right or remedy available to ,  shall be entitled to charge the EC interest (both before and after any judgement) on the amount unpaid at the rate of 3% per month until payment in full of the sum outstanding is made.

2.5. shall be entitled to terminate the Contract immediately on notice to you if any money due and payable under the Contract has not been paid by the due date for payment prior to the event.

3. Cancellation by EC

3.1. Cancellations must be in writing. In the event of a cancellation of the agreement by the EC, the EC shall be liable to  as follows:

3.2. Cancellation between 1 year and 6 months prior to the event – 25% of the quoted price.

3.3. Cancellation between 6 months and 3 months prior to the event – 50% of the quoted price.

3.4. Cancellation between 3 months and 1 month prior to the event – 75% of the quoted price.

3.5. Cancellation less than 1 month prior to the event – 100% of the quoted price.

3.6. In the event of the EC cancelling, any deposits paid are non-refundable regardless of when cancellation takes place because the deposit is required to be paid to secure and reserve the space for the Event and cancellations do not always allow the opportunity to re-book the venue. Subject to the foregoing, the amount of your non-refunded deposits will be offset against any applicable cancellation charges that you incur.

3.7. will endeavour to re-sell the date and if successful, at ’s discretion, a reduction of the cancellation charge may be made.

4. Cancellation by

4.1. will endeavour, whenever possible, to avoid the cancellation of a confirmed booking, but reserves the right to do so.

4.2. may cancel the Event at any time without any liability to the EC (or any part thereof) if;

4.2.1. The EC breaches any of its duties or obligations under the Contract.

4.2.2. In the opinion of , the EC has requested a significant change of the Contract or Event; including but not limited to altering the guests numbers or itinerary.

4.2.3. is not satisfied with the EC’s credit status.

4.2.4. In the opinion of , the Event might prejudice the reputation of .

4.2.5. An administrator is appointed to the EC or in the event of the liquidation or receivership of the EC.

4.2.6. is requested to cancel the Event by order of any government or other public authority or for any reasons beyond their reasonable control.

4.3. If choses to cancel a booking, for reasons not detailed in clause 4.2, will offer the EC a choice of either a full refund of monies paid by the EC to or a selection of alternative dates to choice from.

5. Force Majeure

5.1. Subject always to clause 5.2, neither party shall be liable to the other for any failure to fulfil its duties hereunder if and to the extent that such failure results from any circumstances beyond the reasonable control of that party, which shall include (without prejudice to the generality of the foregoing): fire, flood, strikes, loss of utilities, suspension of transportation facilities, any act of God, any act of war or civil disorder, government intervention, acts of terrorism, or any event which causes the whole or a substantial part of the Venue to be closed to the public or make it impossible or illegal to host the Event at the Venue (a Force Majeure Event).

5.2. Save (only) where the Venue is reasonably unavailable for the Event due to having suffered physical damage or not being supplied with gas, electricity or water utilities required for your Event, or any event or circumstance that obstructs or otherwise interferes adversely with any of your attendees, guests or sub contractors being able to travel to or attend the Event at the Venue (for example any transport, travel or border control restrictions, whether caused by political or governmental actions, local or national security alerts or restrictions, war or natural events) shall not be construed as a Force Majeure Event, and it shall be entirely your responsibility to have protected yourself from your liability to us under the Contract by way of having effected and maintained appropriate insurance cover in such regard.

5.3. If is prevented or hindered from hosting the event by a Force Majeure event, may, at its sole option and without being liable for any loss or damage suffered by the EC, reserve the right to offer the EC alternative dates for the EC to select from. If the EC chooses not to select a date from what is offered, may terminate the Contract forthwith by giving notice to that effect to the Client.

5.4. shall not be deemed to be in breach of the contract by reason of any failure to perform ’s obligations in relation to the event, if the failure was due to a Force Majeure event, or any such reasons beyond their control.

6. Liability

6.1. Except in respect of death or personal injury caused by ’s negligence,  shall not be liable to the client by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any direct, indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of , its employees, agents or otherwise) which arise out of or in connection with the delivery of the event, and the entire liability of  under or in connection with the contract shall not exceed the price of the event, as detailed in the client booking form, except as expressly provided in the Conditions.

6.2. The EC shall be liable to  for any loss, damage or injury caused to ’s property or employees, as a result of negligence or abuse by the EC, their guests or sub contractors and shall indemnify  against any other loss or liability arising from the event.

6.3. does not accept responsibility whatsoever for damage to, or theft from, vehicles parked on ’s premises.

6.4. does not accept responsibility whatsoever for damage to or theft of anything left at ’s premises i.e. wedding gifts, personal belongings or contractor’s equipment etc.

6.5. The EC is advised to arrange suitable insurance for the event to cover all liabilities under the Contract, to persons at the event and loss and damage to the property.

7. Pre Event

The EC shall:-

7.1. Confirm all site access requirements prior to the event.

7.2. Confirm that there is a list of all names of staff and suppliers working for them and guests attending for the purposes of a roll call.

7.3. Give  written confirmation of the number of guests and names of the people attending the event.

7.4. Confirm and detail what equipment they intend to use during the event.

7.5. Confirm times for the delivery and collection of any hire items e.g. plates, table clothes, lights, PA equipment e.t.c. Any hire / items being left for collection must be stored in a location agreed with a  manager. (We do not offer secure storage of any items being left on site)

7.6. Obtain and provide copies to of all relevant documents from their suppliers prior to an event, e.g. Food Hygiene, Public Liability and relevant Health and Safety and Risk Assessments.

8. While on Premises

The EC shall:-

8.1. Arrange a meeting with a member of  on arrival to go over the Fire Action Plan, introduce themselves and any nominated responsible person and share any relevant contact details.

8.2. Ensure that areas of the house and grounds as agreed in the booking form are the spaces used by the EC, their guests and sub contractors. All other areas of the house and grounds are private and reserves the right to remove the EC, guests and subcontractors from the property if these restricted areas are found to be in use.

8.3. Ensure guests depart by the time stated on the booking form or on some other such authorised agreement or the EC will incur additional charges at overtime rates.

8.4. Ensure any space or area used on ’s property is throughly cleaned down and left as found.

8.5. Shall ensure at the end of the event that all event furniture and equipment used by the EC is stacked, packed or stored away. eg event chairs are stacked 5 high with cushions removed and placed on top of the pile, then placed at the sides of the marquee.

8.6. Ensure all items used during an event must be left in the condition in which they were received. Items missing post event shall be charged on at cost to the EC.

8.7. Ensure any event furniture (tables, chairs etc) that has been used externally during the event is stored under dry cover and in an location and manner agreed with a  manager.

8.8. Not carry out any electrical or other works within the house and grounds including any amplification and lighting without ’s prior consent.

8.9. Not bring any dangerous or hazardous items onto ’s property and remove any items promptly when requested by .

8.10. Use no material of any kind to fix to any floors, walls, and ceilings without prior approval from .

8.11. Only park vehicles on those parts of the estate authorised by  for that purpose.

8.12. Shall undertake whatever steps may be necessary to prevent access to unauthorised areas and to prevent undue litter, nuisance or damage.

8.13. Use only the rubbish and recycling bins provided and ensure all waste is in the correct bins prior to departure.

8.14. Not act in an improper or disorderly manner, leave promptly at the appropriate time and obey any reasonable request made by ’s representatives.

8.15. Undertake not to smoke in any part of the House or Marquees. Within the grounds, smoking is restricted to designated outside areas and smoking materials must be adequately extinguished in the waste bins provided.

8.16. Not use the antique polished furniture as a surface for anything or to move any furniture without express permission from a  representative.

8.17. Protect all floors and surfaces from anything hot, cold, wet or abrasive and wipe clean and dry any spillages immediately.

8.18. Not tape down any cables or carpet in the main house or on the terrace without prior approval.

8.19. Not use any cleaning products within the house without a  representatives permission.

8.20. Must not use the Venue or any part of it for any activities which in ’s reasonable opinion, are dangerous, offensive, breach health and safety rules or which are or may become a nuisance to or the owner or occupier of the Venue or any neighbouring property.

8.21. It is the policy of not to discriminate on the grounds of race, colour, nationality, creed, sex, marital status, age, ethnic origin or disability. The EC, its employees, guests and all sub-contractors engaged by or on behalf of the EC are expected to adhere to this policy and may, without incurring any liability, remove from ’s premises any persons offending against this policy.

9. Sound, Music and Decor

The EC shall:-

9.1. Agree that no live music, recorded music or dancing is permitted in the house unless prior consent is given.

9.2. Ensure NO Sub Bass / Sub Woofer / Bass Bin speakers are brought onto  property.

9.3. Ensure that volume levels of are not exceeded on the premises at any point and to lower volume levels if requested by a representative at any point during the event.  reserves the right to disconnect electricity supplies to noise producing or audio visual equipment if this is not adhered to.

9.4. Please note that with multi day events, loud music is only permitted on one of the days unless written permission is obtained.

9.5. Agree and ensure all loud music, when permitted and detailed on the client booking form, has ceased by the time specified on the client booking form.

9.6. Ensure no confetti cannons, fireworks, floating lanterns, sparklers, paint cannons, smoke flares or any open flamed items are used on ’s property without express permission from .

9.7. Shall ensure any candles and candle-holders used on the property must be presented (via an image) to  prior to the event and permission given. No open flames or fires are permitted on the premises in any form without written consent.

9.8.  reserves the right to remove any items that  considers a danger to the safety of the premises or persons on the premises.

9.9. Ensure all booths / stages / structures are to be checked by a  representative.

9.10. Ensure any lighting, equipment or rigs are to be checked by a  representative with special attention to ‘hot’ equipment.

9.11. Ensure all cable runs are either secured, taped down or out of sight in the Reception Marquee.

9.12. Use only natural confetti on ’s property, eg fresh or dried flower petals.

9.13. Ensure all decorative items and sundries are removed or disposed of at the end of the event.

9.14. If the EC permits  the use of images from their event, provide access to the images / film after the event, for  marketing, media and promotional purposes. (Full accreditation will be given to the EC and their supplier)

9.15. Agree the use of any drones in advance with .

10. Third Party Suppliers

10.1. Sub-contracted services such as catering, marquees, cakes, flowers and venue decoration may be provided by third party suppliers, who should be paid directly by the EC. It is the responsibility of the EC to ensure that they have read and agreed to any Terms and Conditions of the third party supplier.

10.2. Ensure prior consent of is obtained for any entertainment or services contracted by the EC. may at its absolute discretion refuse access to any contractor.

10.3. Any activities not provided by must be fully insured for public liability and proof of such insurance is required.

10.4. Where the EC requests  to arrange for the provision of third parties goods and services on the EC behalf,  shall do so as the EC agent and the EC shall be liable for all charges and liabilities in respect thereof and fully indemnify  against the same.

11. Ongoing Maintenance

11.1. Occasionally urgent and essential, special maintenance work on the buildings, marquees, gardens or estate is required. will make their best endeavours to keep any visual impact to a minimum. will not be liable for any reimbursement in fees on these occasions.

12. The Swimming Pool

12.1. The swimming pool is to remain locked at all times and is not accessible unless by prior agreement in writing from . The swimming pool is not heated. If it is to be in use, the responsible person nominated by the EC (with First Aid certificate) must be on site to oversee at all times.

12.2. No glassware is to be taken into or used within the swimming pool area.

13. Children

13.1. should be advised of the number of guests under the age of 16 years. It is the responsibility of the EC to ensure that adequate adult supervision is provided throughout the event, particularly in respect of avoiding danger areas in the garden.

13.2. All children under the age of 16 years must be supervised by a responsible adult whilst on the premises. The staff of will not be held responsible for the supervision of minors.

13.3. For fire regulations a register giving names and ages of all guests under the age of 16 is required prior to the event.

13.4. takes no responsibility for the welfare and safety of children whilst on the premises beyond those obligations imposed under statutory regulations.

14. Drinks, Alcohol and Food

14.1. Not to consume food or drink on ’s premises not supplied by ’s authorised caterers other than with written consent of .

14.2. All wines or other beverages are not permitted in the Venue without ’s prior written consent. does not charge corkage / serving fees for drinks, however your chosen suppliers may do.

14.3. will nominate a supplier to manage a pay bar if requested by the EC, and no other pay bars are allowed at the premises without prior written permission.

14.4. If a pay bar is requested by the EC, upon the pay bar opening, all prior drinks supplied by the EC shall be removed to a suitable location for collection at a later stage and all future drinks will have to be purchased from the pay bar.

14.5. All bars will close at 11.20pm. Any variation upon this will require written permission from .

15. Environmental

15.1. The use of plastic cocktail skewers, drinks straws, plates, glasses, cups or shot glasses is to be avoided, with natural, paper or reusable alternatives used in their place. Please make sure your suppliers are aware. 

15.2. Recycling bins are provided and should be used, with all waste separated accordingly.

15.3. Any bin bags, washing up detergent, sponges etc required during an event are to be provided by the EC.

15.4. Report any issues with the toilets or facilities to a  representative directly.

16. General Conditions

16.1. Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

16.2. The EC must comply with all licenses, certificates, and statutory or other regulations relating to the event.

16.3. The EC is not entitled to assign the agreement to any third party nor utilise ’s premises for any purpose other than that stated in or clearly inferred from the EC booking form without ’s prior written consent.

16.4. The agreement is made between and the EC and the EC undertakes that it is not entering into the agreement on behalf of a third party.

16.5. No variation to the agreement shall be effective unless in writing and signed on behalf of both  and the EC. These Conditions shall prevail over any standard conditions, which might otherwise apply.

16.6. Failure by  to enforce at any time the provisions of the agreement shall not be construed as a waiver of any of its rights nor affect the validity of the agreement nor prejudice  as regards subsequent claims.

16.7. Any person in breach of these Conditions may be refused admission to or be removed from ’s premises.

16.8. This Contract and any document referred to herein represent the whole understanding of the parties with regard to the subject matter hereof. Each and every provision in this Contract shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of this Contract is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of this Contract which shall remain in force and effect.

16.9. This agreement shall be subject to English Law.

 

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Document name: GENERAL TERMS AND CONDITIONS - EVENT CLIENT
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22nd November 2018 2:43 pm BSTGENERAL TERMS AND CONDITIONS - EVENT CLIENT Uploaded by Esmond Roscoe - office@poundonhouse.com IP 185.138.158.31