Terms and conditions

1. Definitions and Interpretation

In the contract, the following words and phrases shall have the following meanings:

• Balance has the meaning given in clause 3.7.
• Booking the overarching agreement for the Client to use the specified room(s) within the Venue on the Booking Date(s). A Booking is considered ‘Provisional’ during the Provisional Booking Period; ‘Confirmed’ after the signing of the Contract by all parties or ‘Cancelled’ should the contract not be signed before the end of the Provisional Booking Period or should either the Client or Venue terminate the contract.
• Card has the meaning given in clause 3.5.5.
• Client the person(s) booking the Room Hire with the Venue and whose details are set out in the Form.
• Contract the legally binding contract for the provision of the Venue’s facilities for the Room Hire comprised of these Terms, the Form and (subject to clause 2) any additional details provided by the Client to the Venue when issuing the Form.
• Deposit the non-refundable amount of money specified in the Form.
• Estimated Total Price the approximate amount of money for the provision of the Venue’s facilities as discussed at the initial Meeting and detailed in the Form.
• External Food has the meaning given in clause 12.3.
• External Supplier any supplier contracted by the Client other than the Venue which shall require access to the Venue or whose equipment shall be used in the Venue including without limitation musicians, performers, florists, photographers, DJs and any other party who is contracted by the Client in connection with the Room Hire.
• Extras any extra service or item added to the Booking in respect of the Room Hire as confirmed on the Form.
• Force Majeure has the meaning given in clause 5.1.1.
• Form the document headed up as the ‘Room Hire Booking Form’.
• Guests those individuals attending the Venue during the period of the Room Hire.
• Items has the meaning given in clause 7.1.
• Literature the Venue’s Website, brochures, tariffs, leaflets, advertisements and other marketing materials and literature.
• Loss any actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements.
• Meeting An initial, interim or final meeting to discuss the details of the Room Hire.
• Price subject to clause 3 and any variations in accordance with the Contract, the price payable by the Client to the Venue for the Room Hire.
• Provisional Booking Period has the meaning given in clause 2.3.
• Room Hire the overarching term covering the activities for which the Client wishes to use the specified room(s) within the Venue and for which the Contract is entered into.
• Room Hire Catering any food and drink provided by the Venue for consumption by the Client and the Guests.
• Room Hire Coordinator the individual named in the Form.
• Room Hire Date the date agreed by the parties on which the Room Hire shall take place as set out in the Form.
• Room Hire Package the collection of services, items and facilities chosen by the Client and provided by the Venue for an agreed fee, as stated in the Form.
• Terms these terms and conditions.
• Venue Rochdale Town Hall, The Esplanade, Rochdale, Greater Manchester, OL16 1AZ being owned and operated by Rochdale Borough Council and whose registered address is Number One Riverside, Smith Street, Rochdale, OL16 1XU.
• Website https://www.rochdale.gov.uk/townhall or other such domains operated by the Venue from time to time.
• Writing unless otherwise expressly stated includes emails. ‘Writing’ and ‘written’ shall be construed accordingly.

2. Making a Booking and Formation of the Contract

2.1 Liability of clients

Where the Client is more than one individual, the Client will have joint and several liability to the Venue for all aspects of the Contract.

2.2 Issuing a booking form

Upon receipt of an enquiry from the Client, the Venue shall arrange the preparation and issuing of the Form. Should further information be required in order to prepare the Form, the Venue shall endeavour to do so in writing.

2.3 Provisional bookings

The Venue may at its absolute discretion either accept or reject a Booking for any reason and the Client agrees that no Contract shall be deemed to have been formed until such time as the Deposit is paid. Upon making a Booking, the Room Hire Date shall be provisionally held for a period of 2 (two) weeks thereafter or such extended period as may be agreed by the Venue from time to time (‘the Provisional Booking Period’). Whilst the Venue agrees that it shall not make any Bookings or form any Contracts in respect of the Room Hire Date during the Provisional Period, the Client agrees that the Room Hire Date shall not be confirmed until such time as a Contract has been formed under clause 2.4 below.

2.4 Contracts

The Contract shall be deemed to have been formed between the parties on the date on which the Form has been signed, dated and returned to the Venue provided that this is done:

• 2.4.1 within the Provisional Period; or
• 2.4.2 following the expiration of the Provisional Period, at the absolute discretion of the Venue where no alternative client has entered into a contract with the Venue for another event on the Room Hire Date.

2.5 Literature

Whilst the Venue has taken all reasonable steps to ensure that the information contained in the Literature is accurate, it reserves the right to alter, correct, substitute or withdraw any service, facility or amenity without notice to the Client. The Venue shall not be bound by any descriptions, prices or other information as set out in the Literature except that nothing in this clause shall affect the Venue’s liability for fraudulent misrepresentation.

2.6 Amendments

Where the Venue needs to make any materially prejudicial amendments to the Room Hire, it shall where possible, provide the Client with alternative choices of facilities at no additional charge. Where such alternative choices of facility are rejected by the Client, the Contract shall be deemed to have been terminated and the Venue shall issue a full refund to the Client without any further liability.

3. Price and Payment

3.1 Price accuracy

Whilst the Venue takes all reasonable care to ensure that the prices displayed in the Literature are correct, the Client acknowledges that these are for illustrative purposes only and that the Price will be as specified in the Form and varied thereafter depending on the exact requirements of the Client.

3.2 Estimated total price

Subject to any variations in accordance with this clause 3 and the remainder of the Contract, the Price shall be the Estimated Total Price.

3.3 Payment methods

The Venue accepts payment by bank transfer, cash (subject to clause 3.9) and credit or debit card. Where payments are made by bank transfer, the Client must ensure that the payment reference used includes the Client’s surname and the Room Hire Date.

3.4 VAT

All Prices are inclusive of value added tax and subject to change upon reasonable notice to the Client due to any changes in, or the imposition of government charges, value added tax or any other taxes, or the levy of service charges or the requirements of the Client in relation to the Room Hire.

3.5 Confirmation

To assist with the financial plans and preparation of the Room Hire, the Venue shall require the Client to provide final confirmation of the details and for payments to be made no later than two weeks prior to the Room Hire Date. Final confirmation should include, but is not limited to:

• 3.5.1 final number of Guests;
• 3.5.2 room layouts and equipment required;
• 3.5.3 details of any catering to be provided;
• 3.5.4 agreement and payment of any remaining balance of the Estimated Total Price
• 3.5.5 details of the Client’s debit or credit card (the ‘Card’).

3.6 Short notice bookings

Should the Room Hire Date be less than two weeks from the date a Booking is made, final confirmation of the details and full payment of the Estimated Total Price must be made in order to confirm the booking.

3.7 Amendments

Following the final confirmation, any necessary amendments or additions agreed between the parties shall be confirmed by the Venue to the Client in Writing and the Venue shall notify the Client of any balancing payment to take this into account (‘the Balance’).

3.8 Balance

The Client agrees and acknowledges that the Balance:

• May be increased to take into account any additional facilities and consumables enjoyed by the Client and its Guests during the period of the Room Hire and which are not provided during the final confirmation;
• Shall not be decreased following the final Meeting,
• Owed will be invoiced by the Venue within 7 (seven) days of the end of the Room Hire.

3.9 Cash

The Venue reserves the right to refuse to accept cash by the Client in excess of £5,000 or such other sum determined by the Venue or prescribed by law in relation to the Room Hire at its sole discretion.

3.10 Non-payment

Should the Client fail to make payment of any sums due to the Venue in accordance with the Contract, the Venue, at its absolute discretion, reserves the right to suspend performance of its obligations under the Contract or upon serving the Client with reasonable notice, deem the Room Hire to have been cancelled by the Client and invoke the cancellation terms set out in clause 5.

3.11 Late payment

If payment of any charges due in accordance with the Contract are not made by the due date, the Venue shall be entitled, without limiting any other rights it may have, to charge an administration fee of £100.00 and interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate of the Bank of England from the due date until the outstanding amount is paid in full, whether before or after judgment. The Client must pay to the Venue interest together with any overdue amount and any administration fee of £100.00.

3.12 Disputes

Where the Client in good faith disputes an invoice, it shall notify the Venue promptly and the Client shall not be liable to pay any interest or administration fee of £100.00 until the dispute is resolved. Upon resolution of the dispute, the Venue will charge the Client interest on correctly invoiced sums from the original due date.

4. The Room Hire

4.1 Provision of Room(s)

The Venue agrees to provide the Client with use of the room(s) with the Venue, as specified on the Form.

4.2 Responsibility for Personal Belongings

The Client is responsible for any personal belongings which are brought into the Venue. The Venue takes no responsibility for these items and the Client must collect them at the end of the Room Hire. Any items that have not been collected within 7 (seven) days of the Room Hire Date will be disposed of.

4.3 Use of Candles and Open Flames

The use of candles are permitted only with the express written permission of the Venue or through the selection of our candles package. All candles must be on a secure and encased fitting. No open flames, including but not limited to candelabras, are permitted at any time. The Venue reserves the right to extinguish any and all candles at any time should the Venue deem in their reasonable judgement that the continued use be of risk to the Guests or Venue.

4.4 Prohibition of Helium Balloons

The use of helium balloons is not permitted within the Venue.

4.5 Supervision of Junior Guests

Junior Guests under the age of 12 must be supervised by an adult at all times.

4.6 Emergency Evacuation Support

The Client must inform the Venue of any Guests which need additional support in the event of an emergency evacuation, including but not limited to those with mobility issues or sight impairment. Where possible, this should be no less than 1 (one) month in advance of the Room Hire Date. The Venue will produce a Personal Emergency Evacuation Plan to ensure the safe evacuation of the Guest. Where prior notice has not been provided, the Venue will conduct a dynamic risk assessment of the Guest’s capabilities in an emergency and reserves the right to deny entry to the Venue if in its reasonable opinion, the Guest cannot be safely evacuated.

4.7 Requesting Changes to Room Hire

Where the Client wishes to make any change to the Room Hire other than a change to the Room Hire Date, it shall contact the Venue in Writing and provide as much notice as possible. The Venue shall inform the Client in Writing whether the change is possible, confirm any changes in the Price or anything else which would be necessary as a result of the requested change, and invite the Client to confirm the change.

5. Cancellation by the Venue

5.1 Grounds for Termination by the Venue

The Venue reserves the right to suspend or terminate the Contract, without any liability to the Client, in the event:

5.1.1 Force Majeure Events

Of any event, circumstance or occurrence beyond the reasonable control of the Venue including but not limited to national emergency, war, acts of God, strikes, lock-outs or other industrial actions or trade disputes (whether involving the Venue’s employees or a third party), epidemic or pandemic, Government restrictions or order, adverse weather, fire, explosion, flood, power failure and delays by suppliers or material shortages that will prevent it from performing its obligations in connection with the Booking (‘Force Majeure’);

5.1.2 Reputational Risk

That the Venue in its reasonable opinion considers that the Room Hire would prejudice the reputation of the Venue;

5.1.3 Client’s Financial Instability

The Venue becoming aware of any changes to the Client’s financial situation which may prejudice its ability to pay any charges due to it in accordance with the Contract;

5.1.4 Insolvency

Of the bankruptcy or insolvency of either party;

5.1.5 Venue Closure or Redevelopment

That the Venue, or any part of it, is closed due to circumstances beyond its control or where future developments are deemed necessary by the management and directors. In this event, any sums already paid by the Client to the Venue under the Contract, including the Deposit, will be refunded to the Client but the Venue shall have no further liability;

5.1.6 Breach of Contract

That the Client fails to adhere to any of the conditions of the Contract and in the event of a payment obligation, remains in breach for a further 30 days thereafter;

5.1.7 Significant Contract Changes

That in the Venue’s reasonable opinion, there has been a significant change to the original Contract, including but not limited to, increases or decreases in numbers of guests attending; or

5.1.8 Government or Regulatory Closure

That the Venue is requested to close by order of the Government, Local Authority or such other competent regulatory authority.

6. Postponement or Cancellation by the Client

6.1 Conditions for Postponement Without Loss

Save where postponement arises out of the effect of Force Majeure or where effected by the Venue, if the Room Hire is postponed by the Client, another Room Hire Date may be requested without the loss of the Deposit and any other sums already paid to the Venue as at that date, provided always that:

6.1.1 Re-Quotation of Postponed Room Hire

The Venue is permitted to re-quote the cost of the postponed Room Hire at the prevailing rates to the Client;

6.1.2 Agreement on New Date

The new Room Hire Date is agreed between the parties no less than 1 month prior to the original Room Hire Date, subject to availability;

6.1.3 Administration Fee for Postponement

The Client pays the administration fee of £50.00 to the Venue upon agreeing the new Room Hire Date;

6.1.4 One-Time Postponement Limit

Only 1 (one) postponement from the original Room Hire Date will be allowed;

6.1.5 Liability for Services Rendered

In the event of any later cancellation, the Client will remain liable for the services carried out in respect of the original Room Hire Date and the new Room Hire Date.

6.2 Venue’s Discretion on Postponement Terms

Where a Room Hire is postponed, the Venue can, in their sole discretion, require the parties to:

6.2.1 Maintain Original Contract with Amendments

Maintain the original Contract for the original Room Hire Date, save for amendments to be made to the Room Hire Date and the Price; or

6.2.2 Sign a New Contract

Sign a new Contract containing the relevant information for the new Room Hire.

6.3 Consumer Contract Regulations Exemption

The Client acknowledges that the Contract falls within section 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and that Part 3 of those regulations do not apply to the Contract.

6.4 Cancellation Notification Requirements

The Venue will not accept third party cancellations and all cancellations from the Client must be communicated to the Venue in Writing by both individuals comprising the Client in accordance with clause 15 of these Terms.

6.5 Non-Refundability of Payments

In the event of any cancellation of the Room Hire by the Client, no payments made by the Client in line with the agreed instalments on the Form, up to and including that date shall be refundable and where any such payments are overdue, the same shall be paid immediately upon cancellation.

6.6 Charges for Late Cancellation or No-Show

In the case of a no-show or where notice of cancellation is received less than one week prior to the Room Hire Date, the Venue reserves the right to charge the Client the full Room Hire Rate, irrespective of any discounts agreed and outlined on the Form.

6.7 Venue’s Efforts to Re-Sell Booking

The Venue will use its reasonable endeavours to re-sell the space on behalf of the Client and where it is successful, a refund of any monies recovered in cleared funds, reflective always of services in relation to the Room Hire which have already, reasonably, been provided by the Venue, shall be made to the Client within 14 days following the Room Hire Date.

6.8 Refund Limitations

Refund payments can only be made to the person(s) making the original payment(s) and shall not for the avoidance of doubt include a return of the Deposit.

7. Insurance

7.1 Client Responsibility for Property and Belongings

The Venue will not accept responsibility for loss of, or damage to any equipment, vehicles, merchandise or other property and belongings belonging to the Client, their External Suppliers and any Guests (‘Items’), which are brought to the Venue whether prior to, during, or after the Room Hire. It is the responsibility of the Client to arrange security and insurance for all Items for the period those Items are at the Venue.

7.2 Recommendation to Obtain Insurance

The Venue recommends that the Client take out, pay for and maintain insurance adequate to cover any claim arising out of the Contract and its cancellation or curtailment. Whilst the Venue makes no recommendations as to the suitability of any particular form of insurance, insurance is available from third party providers.

8. Damages

8.1 The Client:

• 8.1.1 Shall be liable for any damage to the Venue or any property therein whether through their own actions or any of their External Suppliers and the Guests; and
• 8.1.2 Charges for Losses Agrees that the Venue may make a charge to the Card for any Losses suffered as a result of such damages.

8.2 Restrictions on Affixing Items

Affixing anything to any surface or area of the Venue’s property by whatever means by the Client, their External Suppliers or any Guests may only be done with the express written permission of the Venue. The Client agrees in the Contract to accept and pay the Venue for any Losses incurred by the Venue for making good any damage resulting from such permission.

8.3 Charges for Missing Items

The Venue reserves the right to charge the Client the cost of replacing any items that are removed from the premises by the Client, their External Suppliers or Guests without consent. The charge will be the full replacement amount of the missing item. Should the fact that the item is missing come to light after the Client has departed, the Venue reserves the right to make a charge to the Card.

9. Liability

9.1 Liability for Death or Injury

Nothing in the Contract shall limit or exclude the Venue’s liability in respect of death or personal injury caused by the Venue’s negligence or in respect of fraudulent representation, or any other liability which cannot be limited or excluded by applicable law.

9.2 Foreseeable Loss or Damage

If the Venue fails to comply with these terms, the Venue is responsible for loss or damage suffered that is a foreseeable result of the breaking of this contract or the Venue’s failing to use reasonable care and skill, but the Venue is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if it was discussed during the sales process.

9.3 Vehicle Parking at Owner’s Risk

All vehicles parked in the Venue’s car park are parked at the vehicle owner’s risk. Should a problem occur with a vehicle in the Venue’s car park, whilst every effort will be made to assist, the Venue cannot accept liability.

9.4 No Responsibility for Client Property

The Venue will not be held responsible for the property of the Client or Guests, including but not limited to gifts and decorations, whilst on the Venue’s premises.

9.5 Care in a Historic Building

The Venue is an historic, listed building and the Client and the Guests are reminded to take care at all times whilst in the Venue.

10. Conduct and Suppliers

10.1 Client Responsibility for External Suppliers

The Client shall, unless otherwise agreed, make all necessary arrangements in connection with engaging any External Suppliers in connection with the Room Hire.

10.2 Documentation Requirements for Suppliers

The Client must supply the Venue with any documentation requested by the Venue in connection with any External Suppliers including but not limited to: copies of public liability insurance, completed risk assessments, method statements for moving the equipment in and out of the Venue and evidence of PAT test results for any equipment which will be used in the Venue, at least 14 days prior to the Room Hire Date.

10.3 Behavioural Expectations for Suppliers and Guests

The Client shall procure that any of their External Suppliers and the Guests attending or providing for the Room Hire shall:

• 10.3.1 not act in an improper or disorderly way, when at the Venue;
• 10.3.2 leave promptly at the appropriate time; and
• 10.3.3 comply with all reasonable requests by the Venue’s employees, agents and sub-contractors.

10.4 Compliance with Regulations

The Client shall ensure that all their External Suppliers and Guests using the Venue comply with all regulations concerning licensing, fire, health and safety and such other policies and procedures as are in force at the Venue during the Room Hire. Should Guests act in an improper or disorderly way, or refuse to comply with reasonable requests, the Venue reserves the right to escort any person from the Venue that, in the opinion of management, are causing excessive disruption or damage.

10.5 Right to Terminate for Disorderly Conduct

The Venue may terminate the Room Hire if it reasonably believes that the Room Hire is not being conducted in an orderly and lawful manner.

10.6 Supplier Compliance with Safety Standards

The Client shall (and shall procure to ensure) that all External Suppliers employed by the Client to provide goods and services comply with all fire, health and safety regulations, whether statutory or otherwise.

10.7 Use of Non-Venue Equipment

The Client shall obtain consent from the Venue prior to using any equipment which is not the property of the Venue, including but not limited to electrical equipment. All equipment must comply with relevant regulations and safety standards. The Venue reserves the right to request from the Client supporting documentation, such as PAT testing certificate.

10.8 Fire Exit Access

The Client shall ensure that all fire exits are kept clear at all times, and appropriate temporary signs used where necessary.

10.9 Electrical Supplier Qualifications

All electrical External Suppliers used by the Client must be fully qualified and registered in line with all legislative and regulatory requirements from time to time.

10.10 Supplier Registration Requirements

The Venue reserves the right to request from the Client a complete list of External Suppliers with accompanying registrations in the case of electricians.

10.11 Timely Removal of Supplier Equipment

The Client shall ensure that all External Suppliers have removed all their items no later than 1 (one) hour after the end of the Room Hire. If additional time is required to remove their items, this is chargeable at a rate of £150 per hour. The Venue does not accept any responsibility for any items left onsite by external suppliers.

10.12 Venue Not Liable for Supplier Deposits

In the event of cancellation of the Room Hire, the Venue will not be held responsible for any deposits paid to the External Suppliers.

11. Service of Alcohol

11.1 Alcohol Service and Event Terms

Should the service of alcohol be required as part of the Room Hire, the Booking will be considered an Event and the Functions and Events Terms and Conditions will apply.

12. Food

12.1 Plated Food and Event Classification

Should the service of plated food to the table be required as part of the Room Hire, or should any catering be required in the Great Hall or Bright Hall, the Booking will be considered an Event and the Functions and Events Terms and Conditions will apply.

12.2 Venue-Provided Catering

The Venue will provide any and all prepared catering required, including but not limited to, tea/coffee service and a buffet as part of the Room Hire.

12.3 Restrictions on External Food

Food must not be brought to the Venue by the Client, their External Suppliers or any Guests unless and to the extent the arrangements for the provision of such food has been expressly agreed in writing by the Venue at least 1 (one) month before the Room Hire Date (‘External Food’). The Venue reserves the right to charge the Client for any prohibited food found at the equivalent Venue price to the Card at the absolute determination of the Venue.

12.4 Responsibility for External Food Safety

The Client must provide the Venue with a full ingredients list for any External Food prior to bringing it to the Venue for the Venue’s information only. For the avoidance of doubt, the Venue accepts no liability or has no responsibility for any External Food and the Client shall have full responsibility for ensuring that their Guests’ dietary requirements and allergies have been catered for and that the Guests have been notified of the ingredients of such product(s).

12.5 Notification of Dietary Requirements

The Venue acknowledges that certain people are hypersensitive to certain food substances which cause an allergic reaction and in some cases the reaction can be severe. Accordingly, we ask the Client to provide the Venue with all details of special requirements, allergies and intolerances in Writing, specifying the name of the Guest and the ingredients that cannot be ingested and to which the guest has intolerance or objection. Please note: should further requests be received on the day of the Room Hire, without advance notification, the additional catering will be chargeable and advised accordingly.

12.6 Cross-Contamination Disclaimer

We cannot guarantee that special diets do not contain trace cross-contamination including but not limited to ingredients such as nuts. We will be happy to prepare an ingredient list for any Guest who is an allergy sufferer.

12.7 Storage and Heating of External Food

The Venue cannot be held responsible for the storage or heating of any food items that have not been sold or prepared on site.

13. Entertainment

13.1 Documentation for Entertainers

Any entertainment provided for the Room Hire by the Client, including but not limited to, DJs, discotheques, bands, singers, musical entertainers and speakers shall provide their own public liability insurance. The Venue requires that the Client provides a copy of all paperwork reasonably requested by the Venue, including but not limited to: the entertainer’s insurance schedule for each performer or performance group, completed risk assessments, method statements for moving the equipment in and out of the Venue, evidence of PAT test results for any equipment which will be used in the Venue, at least 14 days prior to the Room Hire Date.

13.2 Prohibition of Fireworks and Lanterns

Fireworks and Chinese lanterns are not permitted at the Venue.

13.3 Restrictions on Smoke Machines

Due to smoke detectors at the Venue, the Client, their External Suppliers must not operate smoke machines without prior agreement from the Venue.

14. Data Protection

14.1 Use of Client Personal Data

The Venue shall use the personal data provided by the Client:

• 14.1.1 in the planning, organisation and delivery of the Room Hire;
• 14.1.2 to process the Client’s payment for the Room Hire; and
• 14.1.3 if agreed during the booking process, to provide the Client with information about similar products, services and facilities that the Venue provides, provided always that the Client may stop receiving this information by unsubscribing or otherwise contacting the Venue at any time.

14.2 Client Responsibility for Guest Consent

The Client warrants that it has obtained the express written consent of any and all of the Guests or other individuals’ whose personal data is disclosed to the Venue by it in accordance with this Contract.

14.3 Disclosure to Third Parties

The Venue will only give the personal data disclosed to it by the Client to third parties where the law either requires or allows it so to do.

15. Notices

15.1 Methods and Timing of Notices

Unless otherwise expressly provided for elsewhere in the Contract, all notices and correspondence to be sent by either party shall be made in Writing by recorded delivery or email to the details specified in the Form. Notices sent by email should be addressed to townhall.bookings@rochdale.gov.uk and shall be deemed to have been received at 09:00am on the next business day after it is sent. If notice is sent by recorded delivery, it shall be deemed to have reached the party to whom it is addressed at the time and date when, according to the relevant tracking system, the notice has been delivered.

16. General

16.1 Entire Agreement

The Contract constitutes the entire agreement and understanding between the Venue and the Client in respect of the matters dealt with in it, and supersedes, cancels and nullifies any previous agreement between the Venue and the Client, notwithstanding the terms of any previous contract, agreement or arrangement expressed to survive termination.

16.2 No Reliance on Unwritten Representations

Neither party has entered into the Contract in reliance on any warranty, representation or statement made by the other which is not set out in the Contract.

16.3 Severability of Invalid Provisions

If any provision of the Contract or any part of such is found by any Court or other authority of competent jurisdiction to be invalid or otherwise unenforceable or indication of the same is received by either party, the parties shall amend the relevant parts of that clause in such a way as to achieve the intention of the parties without illegality or, at the Venue’s sole discretion, that part shall be severed from the Contract without affecting the other provisions of the Contract, which shall remain in full force and effect.

16.4 Variation of Contract Terms

No variation of the Contract shall be effective unless agreed in Writing by both the Venue and the Client. All quotations and bookings accepted by the Venue are subject to the terms of the Contract, which shall override any terms, conditions or warranties stipulated, incorporated or referred to by the Client including but not limited to that referred to in the Client’s order, booking or any negotiations between the parties.

16.5 Waiver of Rights

The failure of either party at any time or times to require performance of any provision hereof shall not affect that party’s right to enforce such provision at a later time. No waiver by either party of any conditions or the breach of any term covenant, representation or warranty contained in the Contract in any 1 (one) or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or be deemed to be or construed as a waiver of the breach of any other term, covenant, representation, or warranty in the Contract.

16.6 Assignment and Delegation

The Client may not without the Venue’s prior written permission assign, sub-contract, delegate or otherwise transfer to another person the whole or part of their rights and obligations under the Contract. The Venue may assign, sub-contract, delegate or otherwise transfer to another person the whole or part of their rights and obligations under this Contract without notice to the Client.

16.7 Third Party Rights

Any person who is not party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The term does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

16.8 Governing Law and Jurisdiction

The Contract shall be governed by English Law and the parties to the Contract submit to the exclusive jurisdiction of the English Courts.