STANDARD TERMS AND CONDITIONS OF HIRE AND SUPPLY OF SERVICES – BH LIVE

1 Interpretation

1.1 In these terms and conditions, the definitions set out in the Appendix shall apply.

1.2 Any terms defined in the Customer Booking Form shall have the same meaning in these Terms unless the context requires otherwise.

1.3 References to “including” or “includes” shall be deemed to have the words “without limitation” inserted after them.

1.4 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.5 The schedules to the Contract, together with any documents referred to in them and the Customer Booking Form, form an integral part of the Contract and any reference to the Contract means the Contract together with any schedules and all documents referred to in them, and such amendments in writing as may subsequently be agreed by the parties.

1.6 If any conflict arises between these Terms and any provision of any schedule of the Contract, or the Customer Booking Form these Terms shall prevail.

2 Basis of the Contract

2.1 The Customer Booking Form constitutes an offer by the Customer to purchase the Services in accordance with these Terms.

2.2 The offer shall only be deemed to be accepted when BH Live signs the Customer Booking Form at which point, and on which date the Contract shall come into existence (Effective Date).

2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of BH Live which is not set out in the Contract.

2.4 The Contract once entered into can only be varied in accordance with the provisions of clause 18. BH Live will not be obliged to accept any request to vary the Contract which would require the reduction of the Hire Agreement.

2.5 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6 Any quotation given by BH Live shall not constitute an offer and is only valid for the period specified.

2.7 The Hire Period is inclusive of the setting-up, cleaning and clearing of any equipment or facility in relation to the booking of the Venue.

BH Live’s obligations

2.8 BH Live shall use reasonable endeavours supply to the Services to the Customer in accordance with the Customer Order Form.

2.9 BH Live shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and BH Live shall notify the Customer in any such event.

2.10 If any amounts which are due to be paid prior to the Event and are owing to BH Live, including without limitation the cost of providing electrical mains connections, BH Live shall be entitled to refuse the Customer entry to the Hire Area until payment of all outstanding amounts has been made in full.

3 Customer’s obligations

3.1 The Customer shall:

3.1.1 ensure that the terms of the Customer Booking Form are complete and accurate. Pay a £300 security deposit will be taken to confirm the booking and will be refunded 24hrs after the event. Any repairs carried out as a result of damage caused to the premises during the event will be deducted from the security deposit.

3.1.2 co-operate with BH Live in all matters relating to the Services;

3.1.3 comply with any directions given by BH Live’s staff and in particular in relation to emergency call outs;

3.1.4 provide BH Live, in a timely manner, with such information and materials as BH Live may require in order to supply the Services, and ensure that such information is accurate in all material respects;

3.2 The Customer shall, in respect of the Hire Area and the Venue:

3.2.1 ensure that all passages and gangways and all corridors, staircases, exits and emergency doors of the Hire Area shall at all times be kept clear of obstructions and free from queues;

3.2.2 not interfere with, damage or misuse any equipment, fabric, fixtures/fittings or decorations at the Hire Area;

3.2.3 remove the Customer’s Equipment at the end of the Hire Period;

3.2.4 not use the Hire Area in such a manner so as to cause nuisance, annoyance or inconvenience to BH Live and/or users of the Venue;

3.2.5 not park or permit any vehicle to be parked in the grounds of the Venue in such a way that it causes an obstruction and to use only the areas designated by BH Live for the purposes of unloading and loading (specific loading details are available from the Venue);

3.2.6 not move any of the Venue's decorative plant displays from their permanent positions. Any decorative plant displays required by the Customer can be ordered through the Venue's recommended floral supplier and will be charged to the Customer at the rate in force during the Hire Period; and

3.2.7 where the Hire Area is carpeted specifically for the Event, be responsible for the cost of removing any glue residue or tape on the floor following the carpet removal by BH Live's cleaning team.

3.3 If BH Live is not satisfied with the condition of the Hire Area, the Venue or BH Live’s Equipment, fabric, fixtures/fittings or decorations at the expiration of the Hire Period, the Customer will be charged by BH Live for the cost of cleaning or restoring to the condition in which it was at the commencement of the Hire Period.

3.4 During the Hire Period the Customer may, at its own risk, leave the Customer’s Equipment in the Hire Area.

3.5 The Customer shall ensure that the Maximum Attendance Numbers are not exceeded. BH Live may require people in excess of the Maximum Attendance Number to leave the Venue. Please note that our maximum numbers for the Lookout area are 150.

3.6 Please note we do not accept bookings for stag or hen dos or 18th birthday parties.

4 Health and Safety

4.1 The Customer shall comply with the Health and Safety Policy for the Venue and BH Live’s Policies and Event Documentation which will be supplied by BH Live prior to the start of the Hire Period. It is the responsibility of the Customer to ensure that it and where appropriate those persons attending the Venue during the Hire Period are aware of and comply with the following:

4.1.1 Fire and Emergency Evacuation procedures;

4.1.2 Location of the Assembly Areas;

4.1.3 Location of the nearest Fire Fighting equipment, Break Glass Call point, safe evacuation route and Fire Exits.

4.2 The Customer shall be required to conduct a health and safety/security briefing with BH Live’s authorised representative prior to the start of the Hire Period.

5 Event Details

5.1 The Customer shall provide the Event details and final numbers to BH Live in writing no less than ten (10) Business Days before the commencement of the Hire Period.

5.2 We are a licensed venue and operate in conjunction with strict licencing laws. Last orders will be taken at 23.30hrs with everyone expected to vacate the premises by 23.59hrs.

5.3 No third-party food/drink or drugs can be brought onto the premises (excluding occasion cakes) unless by prior arrangement. Management reserve the right to confiscate any items outside of this arrangement and in extreme circumstances guests will be escorted off the premises.

5.4 Identification may be required as proof of age. We will only accept passport, birth certificate or driver’s license.

5.5 All suppliers and entertainers booked by you must have a PAT test and Public Liability Insurance for at least two million pounds and produce proof of this at least one month before the function date. All goods brought onto the premises are left at the supplier’s own risk.

5.6 The customer/entertainers are able to arrive one hour before the event start time for set up. Please not private hire does not start until the time of the booking so members of the public may still be in the area. You are allowed to bring your own decorations.

5.7 Any items left overnight by the customer, or entertainers must be removed by 11am the following day.

5.8 Free public Wi-Fi is available to use on the premises.

5.9 We provide free parking for any event bookings. Car registration numbers must be inputted onto the tablets provided to avoid being ticketed. We do not accept responsibility for any parking tickets.

5.10 BH Live does not accept any responsibility for any damage caused to vehicles parked on the premises.

5.11 The car park gates are locked at 12.30am.

6 Access

6.1 The Hire Area shall usually be available to the Customer from 19.30hrs hours to 24:00 hours daily. The Hire Area can be made available to decorate from 18.30hrs, please note other customers may be in the bar area at this time. Sole hire will be from 19.30hrs unless BH Live has agreed otherwise.

7 Charges and Payment

7.1 In consideration of the provision of the Services by BH Live, the Customer shall pay BH Live the Hire charge and all other payments set out in the Customer Booking Form.

7.2 The Hire charge and all other payments stated in Customer Booking Form are exclusive of value added tax, which shall be added to BH Live’s invoice(s) at the appropriate rate in force at the date of such invoice. The basis on which the Hire Charge is calculated is set out in the Customer Booking form and is based on the information provided by the Customer at the Effective Date when booking the Venue. Any request to change the Hire Area shall be made in accordance with clause 18 and any such change may result in an increase in the Hire Charge but will not automatically result in a decrease in the Hire Charge if the Hire Area is reduced from that specification in the Customer Booking Form at the Effective Date. The Hire Charge will only be re-negotiated by BH Live with any agent appointed by the Customer after the Effective Date at BH Live’s discretion in which case the Hire Charge may then be varied by agreement.

7.3 The final payment shall be due and payable in full thirty (90) days from the date of BH Live’s invoice in respect of all payments including any deposit as specified in the Customer Booking Form.

7.4 If the Customer is required by law or regulation to make any deduction or withholding on account of tax or otherwise on any sum payable under the Contract, the amount payable to BH Live by the Customer will be increased by the amount of that deduction or withholding to ensure that BH Live receives a sum equal to the amount to be paid under the Contract.

7.5 If any invoice has not been paid in full by its due date, then BH Live may:

7.5.1 refuse access to the Hire Area and/or Venue and suspend the provision of the Services or cancel any subsequent bookings of any Hire Areas at any Venue until such time as such invoice has been settled in full.

7.6 BH Live is not obliged to carry out any work or provide any services except as specifically stated in the Contract. BH Live reserves the right to charge the Customer, and the Customer will pay BH Live a reasonable charge for, any additional work done, work to be done, services provided or services to be provided for the Customer in addition to the Services.

7.7 The Customer agrees that BH Live is entitled to recover from the Customer on demand on a full indemnity basis all costs and expenses (both before as well as after judgment) as are incurred by BH Live in connection with BH Live effecting collection of any amounts owing to BH Live and/or any non-payment of any invoice.

7.8 BH Live may at any time, without limiting its other rights or remedies:

7.8.1 set off any amount owing to it by the Customer against any amount payable by BH Live to the Customer;

7.8.2 have the right to remove or exercise a lien over or sell any of the Customer’s Equipment which is left at the Venue at the end of the Hire Period or on termination of the Contract and to charge the Customer the reasonable costs incurred by BH Live in the storage or disposal of the same; and

7.8.3 to set off any amount realised from any sale of the Customer’s Equipment against any amount owing to it by the Customer.

8 Limitation of Liability

8.1 Nothing in the Contract limits or excludes either Party’s liability for:

8.1.1 death or personal injury caused by its negligence;

8.1.2 fraud or fraudulent misrepresentation;

8.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

8.1.4 any other liability that cannot be limited or excluded by law.

8.2 Subject to clause 8.1, neither Party shall be liable to the other, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

8.2.1 loss, theft or damage to any personal property; or

8.2.2 loss or damage which may result from the use of BH Live’s car parking facilities

and the Customer shall ensure that contractors and visitors to the Venue are made aware of this exclusion.

8.3 Subject to clause 8.1 BH Live shall under no circumstances whatever be liable 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 the Contract including, but not limited to:

8.3.1 loss of profits;

8.3.2 loss of sales or business;

8.3.3 loss of agreements or contracts;

8.3.4 loss of anticipated savings;

8.3.5 loss of or damage to goodwill; or

8.3.6 loss of use or corruption of software, data or information

8.4 BH Live’s total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the amount of the Hire Charge.

8.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

Customer’s Liability, Indemnity and Insurance

8.6 The Customer will indemnify BH Live in respect of all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by BH Live in respect of any cost incurred or loss or damage arising under common law or statute or any of its agents, sub-contractors or employees arising out of or in connection with:

8.6.1 the negligence of the Customer, its employees or agents breach or negligent performance or non-performance of the Contract;

8.6.2 the enforcement of this Contract;

8.6.3 any claim made against BH Live for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with any rights granted to BH Live by the customer in connection with an Event under clause 13.3;

8.6.4 any claim made against BH Live by a third party arising out of or in connection with the provision of the Services or use of the Venue, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by the Customer, its employees, agents or subcontractors;

8.6.5 any claim made against BH Live by a third party for death, personal injury or damage to property arising out of or in connection with defective goods, to the extent that the defect in the goods is attributable to the acts or omissions of the Customer, its employees, agents or subcontractors;

8.6.6 costs incurred by BH Live under this Contract or otherwise at the Customer’s request and invoiced to the Customer’s contractor where these remain unpaid; or

8.6.7 costs incurred by BH Live to ensure that the Event complies with all necessary licences consents and all relevant legislation including without limitation where the Customer is in breach of any of clauses.

8.7 Notwithstanding the provisions of clause 8.6 Customer shall reimburse BH Live on written demand for any costs or losses sustained or incurred by BH Live arising from the Customer Default including, without limitation any costs, including in respect of any legal claim and legal expenses incurred in relation to any subsequent customer being unable to enter the Venue or the Hire Area.

8.7.1 the cancellation of the Event whether by reason of a Force Majeure Event under clause 10.2 or by the Customer in respect of the Customer’s liability to pay cancellation charges under clause 11.

9 Force Majeure Event

9.1 If BH Live is prevented, hindered or delayed in or from performing any of its obligations under the Contract by a Force Majeure Event, BH Live shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

9.2 BH Live shall:

9.2.1 having regard to the nature of the Force Majeure Event and the date of the commencement of the Hire Period and at BH Live’s discretion notify the Customer of the Force Majeure Event, the date on which it started, it’s likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Contract; and

9.2.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

9.3 If BH Live reasonably considers that the Force Majeure Event will prevent BH Live from providing any of the Services BH Live shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

10 Suspension or Termination by BH Live

10.1 If BH Live’s performance of any of its obligations under the Contract is prevented or delayed by any Customer Default BH Live shall, without limiting its other rights or remedies, on giving notice to the Customer (which shall be effective from the time and date given but which shall be confirmed by written notice as soon as reasonably practicable) have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays BH Live's performance of any of its obligations.

10.2 BH Live may, at any time, cancel or postpone the whole or any part of the Contract including without limitation by reason of a Force Majeure Event. BH Live shall use reasonable efforts, but shall not be obliged, to re-locate or make other arrangements for the Customer to minimise the effect of such cancellation or postponements of the Event.

10.3 Without limitation to the circumstances in which the parties may terminate this Contract under clause 12 BH Live may suspend or terminate the Contract by written notice immediately without any liability for any loss or damage if:

10.3.1 in the opinion of BH Live the Event and/or the purpose for which the Hire Area is to be used is one which is likely to lead to a breach of the peace, cause religious offence, offend public decency or cause a breach of the provisions of clause 14; or

10.3.2 the Customer intends to use the Hire Area for any purpose other than the Event specified in the Customer Booking Form.

10.3.3 the Customer becomes subject to any of the events listed in clause 12.1.4 or BH Live reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

11 Cancellation by Customer

11.1 The Customer may at any time cancel the whole or any part of the Contract by written notice to BH Live in which event the provisions of this Clause will apply with regard to payment. If the Customer cancels the whole or any part of the Contract the Customer will be charged a Cancellation Fee to be calculated by BH Live on the basis and by reference to the number of days prior to the commencement of the Hire Period as set out in this clause in the absence of any agreed terms set out in the Customer Order Form or in the terms applicable to Catering Services.

11.2 If the date on which the Customer gives notice to cancel the Contract is more than 6 months before the commencement of the Hire Period the Cancellation Fee will be twenty-five per cent (25%) of either the Hire Charge or of the Total Price at the date of the commencement of the Hire Period whichever is the greater.

11.3 If the date on which the Customer gives notice to cancel the Contract is less than one month but more than 3 months before the commencement of the Hire Period the Cancellation Fee will be seventy-five per cent (75%) of either the Hire Charge or of the Total Price at the date of the commencement of the Hire Period whichever is the greater.

11.4 If the date on which the Customer gives notice to cancel the Contract is less than one month before the commencement of the Hire Period the Customer will be liable to pay BH Live the full amount of either the Hire Charge or of the Total Price at the date of the commencement of the Hire Period whichever is the greater.

11.5 If the Customer gives written notice to cancel the Contract, the Contract shall be terminated and the termination charges including the Cancellation Fee shall be calculated on the basis of this clause 11, notwithstanding that the Hire Charge may have been subject to discount.

11.6 BH Live will not be obliged to refund any payment already made by the Customer. Any Deposit or other payments already made by the Customer will be deducted from the Cancellation Fee, but the Customer shall have no other right of set off.

11.7 The customer has the right to change your mind within days of confirming your booking for a full refund. After the cooling off period, bookings are non-refundable.

11.8 Bookings are transferable subject to facility availability.

12 Termination for Default

12.1 Either party may terminate the Hire Agreement with immediate effect by giving the other party notice in writing, if the other party or in the case of the Customer if its employees, agents, licensees or invitees or any person using the Venue in connection with the Event:

12.1.1 commits a material breach of the Hire Agreement which:

(a) is not capable of remedy; or

(b) is capable of remedy, but which the other party fails to remedy within thirty (30) days (or, in the case of a breach requiring remedy at any time during the Hire Period, twenty-four (24) hours) of receiving written notice from the party specifying the breach and requiring the other party to remedy the breach;

12.1.2 commits a persistent breach regardless of whether such breach is minor, trivial or capable of being remedied;

12.1.3 fails to comply with all applicable laws, regulations, regulatory requirements and codes of any relevant jurisdiction as amended and in force from time to time; or

12.1.4 suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 OR (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.

13 Consequences of Termination

13.1 Termination of the Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. On termination of the Contract for any reason, the Customer shall immediately pay any outstanding unpaid invoices and interest calculated in accordance with clause 7.5 of these Terms due to BH Live. BH Live shall submit any outstanding invoices for the hire of the Hire Area, but for which no invoices have been submitted, and the Customer shall pay these invoices immediately on receipt.

13.2 All materials produced by BH Live in connection with the Services are the exclusive property of BH Live and copyright and related rights in or arising out of or in connection with the Services, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) of BH Live shall be owned by BH Live.

13.3 The Customer grants to BH Live in perpetuity the right to use the Customer’s name, image and details of the Event in any media including by use on promotional material and press releases produced by or on behalf of BH Live for the promotion of the Venues and BH Live’s business. The Customer warrants to BH Live that it has obtained all third-party permissions, including in respect of the name and image of the principal performers, necessary to grant the rights specified in this clause.

14 Compliance with legislation

14.1 The Customer shall comply fully with all statutes, rules, regulations, orders, bye-laws or other requirements whether for ensuring public order safety or decency or for any other purposes whatsoever affecting the use of the Venue and with all requirements of the Health and Safety Executive of the Police and Fire Authorities and of BH Live including these Terms and has a duty to obtain all licences, consents and approvals necessary for the Event for which the Hire Area is hired.

14.2 The Customer shall ensure that it complies with the Smoke-free (Premises and Enforcement) Regulations 2006 at all times during the Hire Period. The Customer shall be liable for and indemnify BH Live against all losses, damages, costs, expenses and liabilities (including legal fees) incurred by or awarded against BH Live in connection with any proceedings, claim or action against BH Live as a result of any failure by the Customer to comply with its obligations under the Smoke-free (Premises and Enforcement) Regulations 2006.

15 Dispute Resolution

15.1 If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it then the parties shall follow the procedure set out in this clause:

15.1.1 either party shall give to the other written notice of the dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the Director of Venues of BH Live and the Customer Contact shall attempt in good faith to resolve the Dispute;

15.1.2 if the Director of Venues of BH Live and Customer Contact are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, the dispute shall be referred to the Chief Executive of BH Live and chief executive or managing director of the Customer who shall attempt in good faith to resolve it; and

15.1.3 if the Chief Executive of BH Live and chief executive or managing director of the Customer are for any reason unable to resolve the Dispute within thirty (30) days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party requesting a mediation. A copy of the ADR notice should be sent to CEDR Solve to initiate the mediation process as soon as possible.

15.2 The commencement of mediation shall not prevent the parties commencing or continuing arbitration proceedings in relation to the dispute under clause 15.3 which clause shall apply at all times.

15.3 All disputes and differences arising out of or in connection with this Contract, which cannot be resolved between the parties shall be referred to a single arbitrator arbitration. It is agreed that:

15.3.1 the tribunal shall consist of one arbitrator and in default of the parties' agreement as to the arbitrator(s), the appointing authority shall be the Chartered Institute of Arbitrators in London; and

15.3.2 the seat of the arbitration shall be London, and the language of the arbitration shall be English.

15.4 in accordance with and subject to the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force.

16 Waiver

16.1 The failure of either party to insist upon strict performance of any provision of the Contract or the failure of either party to exercise any right or remedy will not constitute a waiver of that right or remedy and will not cause diminution of the obligations under the Contract.

16.2 No waiver will be effective unless it is expressly stated to be a waiver and communicated to the other party in writing in accordance with the provisions of clause.

16.3 A waiver of any right or remedy arising from a breach of the Contract will not constitute a waiver of any right or remedy arising from any other or subsequent breach of the Contract.

17 Entire Agreement

The Contract and any documents referred to in it constitute the whole Contract between the parties and supersede any previous arrangement, understanding or contract between them relating to the subject matter of the Contract.

18 Changes to Contract

18.1 Except as set out in these Terms, no variation of the Contract, including but not limited to changes to the Customer Booking Form, the introduction of any additional terms and conditions or changes to the commission, bookings or exclusive use shall be effective unless it is agreed in writing and signed by the authorised representatives of the parties.

18.2 Each variation of the Contract shall be evidenced by the issue by BH Live of a revised Customer Order Form which shall be dated as at the date of the variation.

18.2.1 if a suitable alternative Event is booked for part of the Hire Period only, in respect of those items of cost set out in clause above together with the Cancellation Fee calculated in accordance with clause 11 of the Terms pro-rata in respect of the Hire Period when the Event will not be performed.

18.3 If the substitute is not acceptable to BH Live this shall be a material breach of the Contract by the Customer and BH Live shall be entitled to terminate this Agreement under the provisions of clause 12 of these Terms. On termination under the provisions of this clause 18.3:

18.3.1 the Cancellation Fee calculated in accordance with clause 11 of the Terms shall apply as if the Customer had cancelled the Contract; and

18.3.2 the Customer shall have no claim against BH Live for remuneration, expenses or costs incurred as a consequence of the termination.

18.4 The Equipment (including furniture and seating) as required by the Customer will be specified in the Customer Booking Form. If the Customer requires BH Live’s Equipment for the Event, BH Live will charge the Customer at the rate in force during the Hire Period.

19 Food Samples

19.1 The Customer shall not allow Exhibitors or other persons connected with the Event whether as sponsors, partners or otherwise to distribute food samples of their manufactured product or distribute non-associated samples in the Venue at any time except with the written permission of BH Live. If written permission is granted the Venue may monitor by reasonable means that the requirements of the Food Safety Regulations have been met and shall be entitled to charge a reasonable fee to the Customer to cover BH Live’s costs of monitoring.

19.2 It is the Customer’s responsibility to ensure that any food samples distributed during the Hire Period conform to Food Safety Standards. BH Live shall not have any liability for any food samples distributed during the Hire Period.

20 Security Services

20.1 BH Live shall book two SIA security staff as set out in the Customer Booking Form plus the services of a duty Catering manager, the customer must pay for the cost of two SIA Security guards for the venue.

CATERING TERMS

21 Catered Event - charges

21.1 In addition to any Hire Charge BH Live will charge for Catering Services and Drinks Packages on the basis set out in the Customer Booking Form. The cost of bar, wine and food shall be the price set out in the Customer Booking Form or, if no price is quoted, the price set out in BH Live’s published price list as at the date of the Event.

22 Number of guests

22.1 The Customer shall provide BH Live with the confirmed number of guests which shall be the basis on which the cost of the Hire Charge, Catering Services and Drinks Packages shall be calculated at least ten (10) Business Days prior to the commencement of the Hire Period.

22.2 In the event that the final number of guests falls below the confirmed, guaranteed number, BH Live reserves its right to increase the Hire Charges accordingly. The final chargeable number will be the confirmed number or the number attending the Event whichever is the greater.

23 Changes to Catering Services

23.1 Any changes to the Catering Services requested by the Customer must be notified by the Customer in writing to BH Live not less than fourteen (14) Business Days prior to the commencement of the Hire Period.

23.2 Any requests for additional services by the Customer must be notified by the Customer in writing to BH Live not less than fourteen (14) Business Days prior to the commencement of the Hire Period.

23.3 BH Live will use reasonable endeavours to comply with such changes or requests for additional services. Such changes or requests for additional services will be subject to the Customer agreeing a revised Hire Charge. The revised Hire Charge will be confirmed by BH Live to the Customer in writing.

23.4 For the avoidance of doubt, BH Live shall not be obliged to make any such changes or provide any additional services.

24 Catering Services provided by external caterer.

24.1 Where a Caterer is specified on the Customer Booking Form the Customer is required to confirm the agreed catering arrangements by entering into the Caterer’s Contract, giving notice of BH Live’s conditions for external Caterers and paying all amounts due to the Caterer.

24.2 The Customer will, where required, sign BH Live’s waiver when external Caterers are used for the Event.

24.3 Where no Drinks Package is supplied BH Live will charge the Customer a corkage fee at the price set out in BH Live’s published price list as at the date of the Event.

24.4 Please note that third party caterers are unable to use our kitchen.

25 Compliance with Venue’s General Regulations and Conditions

25.1 The Customer shall comply any general regulations and conditions of use at the relevant Venue, details of which will be made available on request and displayed at the Venue.

26 Behavioural

26.1 Smoking/vaping is not permitted anywhere inside the building but there is designated smoking areas outside the facilities provided – anyone caught smoking/vaping within the building will be asked to leave.

26.2 We reserve the right ask guests to leave due to inappropriate behaviour.

Appendix - Definitions

BH Live	means BH Live, a company limited by guarantee and incorporated with number 07092112 or BH Live Enterprises Limited a company incorporated with number 07175626 and in each case having its registered office at Bournemouth International Centre, Exeter Road, Bournemouth, Dorset, BH2 5BH.
BH Live’s Equipment	means any equipment, including tools, systems, cabling, or facilities, provided by BH Live and used directly or indirectly in the supply of the Services which are not the subject of a separate agreement between the parties or between the Customer and an approved contractor.
Business Day	means a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
Cancellation Fee	means the amount charged to the Customer in the event of cancellation of the Contract in the circumstances and calculated as set out in clause 11 by reference to the amount which is the greater of either the Hire Charge or of the Total Price.
Contract	means the contract entered into between BH Live and the Customer that is subject to these Terms.
Customer Default	means any act or omission by the Customer or failure by the Customer to perform any relevant obligation under the Contract.
Customer’s Equipment	means any equipment, systems, cabling, or facilities provided by the Customer or by any production provider appointed by the Customer and used directly or indirectly in the supply of the Services.
Customer Booking Form	means the Customer’s order for Services as set out in BH Live’s order form.
Effective Date	has the meaning set out in clause 2.2.
Force Majeure Event	means an act of God, war, riot, invasion, fire, explosion, breakdown of machinery, failure of supply of electricity or other utilities, leakage of water, flood, accident, external road or building works, strike or walkout, government interference, regulations, appropriates, attacks by terrorist or other activities or extremist organisations or on the instructions of the police or armed forces or other conditions similar to those mentioned above and outside the control of BH Live the Venue shall be closed or not available for hiring.
Open Period	means the period set out in the Customer Form during which the Event is accessible by the visitors and/or delegates.
Services	means the provision of the Venue, the Additional Services and Catering Services as set out in the Customer Order Form.
Terms	means these terms and conditions as amended from time to time in accordance with clause 18.1.
Total Price	Means the price of Venue hire together with the other payments for Services specified in the Customer Booking Form as set out in BH Live’s published price list at the date of the Event.
Venue	means the BH Live venue or part thereof identified in the Customer Booking Form as Hire Area which is the subject of the Contract.