Todo Latino Dance Centre Ltd

TERMS AND CONDITIONS OF STUDIO HIRE

  • Definitions 

 

    1. Defined terms used in these terms and conditions will have the meanings as set out on the Booking Form or as set out below.
“us” “we” or “our”means Todo Latino Dance Centre Limited 
“you” or “your”means the hirer that has signed the Booking Form; 
“Booking Form”means our booking form attached to these terms and conditions;
“Cancellation Charge”means the charge calculated in accordance with clause 18.1;
“Contract”means the contract between us and you for the hire of the Space in accordance with the Booking Form and these terms and conditions;
  
“End Time”the end time to be confirmed by us to you pursuant to the Contract and as detailed in the Booking Form; 
“Price”means the gross total cost stated on the Booking Form;
“Premises”means the building of which the Space forms part and any other neighboring buildings and land; 
“Licence Period”means the period from and including the Start Time up to and including the End Time;
“Start Time”the start time to be confirmed by us to you pursuant to the Contract and as detailed in the Booking Form;
“Space”means that part of our property including the Room and any Additional Rooms (if any), as specified on the Booking Form;
“Working Day”means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or a statutory Bank Holiday.

 

 

  • Licence 

 

      1. We shall allow you occupation of the Space for the Licence Period subject to you paying us the Price. 

 

  • Your rights 

 

      1. You are authorised to enter the Premises to make use of the Space or other communal areas which we designate for your use (“communal areas”) during the Licence Period subject to:
        1. you having paid the Price;
        2. you complying with any regulations we make regarding use of the Space; 
        3. your agreement and undertaking that you have no other rights in addition to those set out in this agreement. 

 

  • Your obligations in connection with the licence 

 

      1. You agree to do the following: 
        1. pay the Price without deduction in accordance with the terms specified in the Booking Form and the Price is exclusive of Value Added Tax unless otherwise stated; 
        2. on demand pay any Value Added Tax at the prevailing rate on the date of invoice issue (including any tax charged in addition to or in substitution for it) to us in respect of any supply for Value Added Tax purposes of goods or services made pursuant to or in consequence of this agreement; 
        3. not do anything relating to the Premises which renders us liable to any tax or other financial liability (save for our income or corporation tax); 
        4. pay interest on any Price which is overdue calculated at six per cent above the base rate of Barclays Bank plc for the period from the due date until payment; 
        5. at your own expense comply with all statutory requirements (including without limitation those relating to Town and Country Planning and Health and Safety at Work) affecting your use of the Space; and
        6. indemnify us against any actions claims demands or liability whatever arising from your use of the Space and/or the Premises or any breach or non-observance by you of the provisions of this agreement. 

 

  • Insurance 

 

      1. You agree: 
        1. not to do anything or fail to do anything which may make any insurance policy on the Premises (or any of our neighbouring property) void or voidable or which may increase the rate of premium and to comply with all conditions imposed and requirements made by the insurers of the Premises; 
        2. to reinstate the Premises at your expense to our reasonable satisfaction if any insurance money is irrecoverable because of any act by you or any person in the Premises with your express or implied authority. 

 

  • At the end of the Licence Period 

 

      1. You agree to do the following: 
        1. at the end of the Licence Period (however determined) to return the Premises to us in the condition required by this agreement and to remove from the Premises all moveable possessions belonging to or used by you; and
        2. permit us to remove or dispose of as we wish of any moveable possessions left in the Premises at the end of the Licence Period at your cost and you will indemnify us for any costs incurred.  

 

  • Non-compliance with your obligations 

 

      1. We may terminate this licence immediately on notice to you and you must immediately remove any of your possessions from the Premises but without prejudice to any right or remedy of ours in respect of any previous breach of your covenants and/or obligations in this agreement if:
        1.  the Price and/or any other fee is not received by date payable; 
        2. you breach any of the terms of this agreement.  

 

  • Identification 

 

      1. We restrict access to the Premises to people with a valid pass swipe card or another acceptable means of identification and you shall ensure that your employees delegates and invitees comply with such restriction.  
      2. You shall ensure that throughout the Licence Period we are in possession of an up to date list of the people who are on the Premises in connection with your use of the Space.  
      3. You shall ensure that throughout your use of the Premises you shall organise an appropriate means of identification for your employees, delegates and invitees and you shall notify us of such means not less than 2 Working Days before the commencement of the Licence Period. 
      4. If requested you shall provide a representative to staff a registration desk at the entrance to the Premises to register your employees delegates and invitees.  

 

  • Liabilities 

 

    1. We shall not accept liability for the death of or injury to any person on the Premises in connection with your use of the Space except where such death or injury is due to our negligence. 
    2. Subject to clauses 9.1 and 9.3, our total liability to you whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or in connection with this agreement shall not exceed the Price.  
    3. Subject to clause 9.1, we shall not be liable to you whether in contract, tort, negligence, breach of statutory duty or otherwise for: 
      1. any loss of profit, revenue, use, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss, in each case whether direct or indirect; or  
      2. any indirect or consequential loss or damage, costs or expenses;

whatsoever or howsoever arising out of or in connection with this agreement. 

9.4 If you are a consumer, we only grant the licence for domestic and private use. If you use the Space for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  • Regulations 

 

      1. You shall vacate the Space on or before the End Time.
      2. You shall not cause the Space and/or the Premises to become dirty or untidy and at all times you shall make reasonable efforts to keep the Space and the Premises clean and tidy. 
      3. You shall adhere to the waste hierarchy in line with ‘The Waste (England & Wales) Regulations 2011 SI 988’ (or any regulations that might be substituted for them) and use the appropriate bins provided for the different waste streams or you will remove your waste from the Premises.  
      4. You shall not attach notices or signage to any part of the Space or Premises. 
      5. You shall not allow any other person (except persons authorised by us) to use occupy or share the Space or any part of it and you shall not assign transfer share or deal or otherwise dispose of the benefit of this licence. 
      6. You shall not behave in the Space and/or Premises in such a way as to be a nuisance annoyance or inconvenience to us or any other occupier of the Space and/or Premises or the owners or occupiers of premises in the vicinity of the Premises. 
      7. You shall ensure all persons under the age of 18 entering the Premises in relation to your booking are supervised by a responsible adult at all times. 
      8. You shall not damage the Space and/or Premises and you will report any damage caused to us as soon as possible. 
      9. You shall not use the Space or any other part of the Premises for any illegal, indecent, pornographic, violent or immoral purpose or in such a manner as to bring us or the Premises into disrepute and in particular not to commit a criminal offence in or in the vicinity of the Premises. 
      10. You shall report lost or stolen keys or entry cards to us immediately and will pay us on demand the reasonable charge we levy for replacement keys/entry cards. 
      11. You shall comply with any delivery restrictions in relation to our Premises and all deliveries must be agreed by us in writing in advance of the delivery.  
      12. You shall not interfere with or misuse any health and safety and fire safety assets such as firefighting equipment fire doors fire alarms safety signs or notices provided or displayed in the Premises. 
      13. You shall not obstruct fire exit routes or vision panels. 
      14. You shall not bring any dangerous combustible explosive or illegal substances or any items prohibited by our Premises licence into the Premises or use candles oil burners or heaters in the Premises. 
      15. You shall comply with all emergency and evacuation procedures in place in respect of the Premises including without limitation complying with all practices which may occur during the Licence Period. 
      16. You shall provide first aid cover whilst you are using the Space. 
      17. You shall report any accident or near miss occurring on the Premises to us as soon as reasonably possible. 
      18. You shall ensure that all equipment brought into the Premises complies with our standard electrical supply (which runs at 230/240 volts at 50Hz) and the equipment must also have a maximum load not exceeding 13 amps and such equipment and associated cabling must be thoroughly checked to ensure it is intact and fit for purpose before being brought onto the Premises. All equipment must also have a valid Portable Appliance Testing (PAT) certificate which is dated less than a year before the end of the Licence Period and any equipment which does not have such a certificate may not be used in the Premises.  
      19. You shall not allow any animals into the Premises except assistance dogs.  
      20. You shall not smoke or vape in the Space or in any enclosed areas whether internal or external and you shall not smoke near the entrances to our Premises.  
      21. You shall not use our equipment (with the exception of equipment specified in the Booking Form and expressly provided for your use by way of example and not limitation AV equipment or facilities provided as standard for all users of the Premises hand dryers lifts etc.). 
      22. You shall not sell or authorise others to sell any goods or services in connection with this licence including by way of example and without limitation tickets to enter or use the Premises or the Space without our prior written consent. 
      23. You shall keep noise levels to a reasonable level.
      24. We shall not accept liability for the loss of or damage to any of your property while it is in the Space or on the Premises except where the damage arises as a result of our negligence.  

 

  • Advertising and publicity 

 

      1. You can only use our logo name and address in any publicity material used in connection with your use of the Space with our prior written consent and only after your booking has been confirmed.  
      2. You must ensure that your use of the Space is in no way endorsed by us. 
      3. You must ensure the Space and/or Premises is only named so as to enable your visitors to identify it and only after your booking has been confirmed. 

 

  • Space allocation 

 

      1. We shall take all reasonable steps to fulfil the reservation in accordance with the Booking Form however we reserve the right to provide alternative services of at least the equivalent standard at no extra cost to you or offer reimbursement. 

 

  • Force Majeure  

 

      1. We cannot be held responsible for any cancellation or any associated losses resulting from Acts of God Acts of Government employment or student disputes or any other circumstances beyond our reasonable control (“force majeure”) necessitating the closure of our Premises.  
      2. In the event of any force majeure cancellation as referred to above we shall use reasonable endeavours to give you notice of such cancellation. If the hiring is cancelled as a result of force majeure we shall refund any fees paid in advance by you but shall otherwise have no liability to you. 
      3. In the event that you suffer a force majeure situation and have to cancel your booking you shall use all reasonable endeavours to give us notice of such cancellation.  If you cancel your booking as a result of force majeure we shall refund any fees paid in advance by you and you shall otherwise have no liability to us. 

 

  • Basis of Contract 

 

      1. Your Booking Form constitutes an offer by you to hire the Space in accordance with these Terms and Conditions.  
      2. Receipt of your Booking Form does not bind us to accept your booking. Your Booking Form shall only be deemed to be accepted when we acknowledge receipt of your signed Booking Form and Deposit payment and confirm the booking to you in writing.   
      3. The Contract constitutes the entire agreement between us and you. You acknowledge that you have not relied on any statement promise representation assurance or warranty made or given by us or on our behalf which is not set out in the Contract. 
      4. Any descriptive matter or advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the facilities described in them.  They shall not form part of the Contract or have any contractual force. 
      5. These Terms and Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade custom practice or course of dealing. 

 

  • Use 

 

      1. You should use the Space in accordance with the Regulations in clause 10 and you shall not use the Space other than as a venue for the purpose as set out in the Booking Form.  
      2. You shall ensure that the number of attendees does not exceed the capacity of the Space.  
      3. We reserve the right to refuse admittance to you if we believe your intended use would bring our reputation into disrepute.  
      4. Hours of use are limited to those stipulated in the Booking Form. Any additional hours must be requested by you in advance and agreed by us and confirmed subject to availability. Additional use will be charged accordingly.  
      5. No furniture or equipment shall either be moved into within or removed from the Space without written agreement from us in advance nor shall the furniture equipment or other articles in the facilities be moved or stacked one upon another.  Any movement of our furniture and equipment will be carried out by us. 
      6. When keys or entry cards are required for access to the Space or Premises your employee or representative shall sign to accept the keys or entry cards and the signatory for the keys will be responsible for their return to us. 

 

  • Catering and Compliance with liquor licences 

 

      1. All bar and catering activity must be booked with and provided by us.  Alcohol must not be brought onto the Premises unless agreed with us in advance in writing and such corkage charges as we shall have specified to you have been paid in full. 
      2. You shall confirm all catering orders and pay the Price in full at least 7 Working Days prior to the start of the Licence Period.  
      3. You shall comply with all reasonable requests made in relation to compliance with our Premises licence. 
      4. You shall not take any food or drink into the Space. All food and beverages are to be consumed in the notified designated areas.

 

  • Exclusion of individuals 

 

      1. At any time if we believe acting reasonably that the conduct of any member of your party is unacceptable then we may give written or verbal notice to you or the individual in question requiring the individual to vacate the Premises and remove all of their personal belongings with immediate effect. 

 

  •  Cancellation 

 

    1. At any time prior to the Start you may give notice in writing to us that you no longer require the whole of the Space or part of the Space (provided such part of the Space has been separately identified on the Booking Form) during the Licence Period and on you giving us notice the following Cancellation Charge will apply: 
      1. Room Hire and Ancillary Services
Amount of Notice Given  Cancellation Charge 
If you give notice 16 or more days prior to the Start Time  

30% of the price on the Booking Form allocated for room hire and ancillary services for: 

  1. the whole of the Space if the cancellation is in respect of the whole of the Space; or,  
  2. the relevant part of the Space if the cancellation is in respect of a part separately identified on the Booking Form.  
If you give notice 15 or less days prior to the Start Time  

90% of the Price on the Booking Form allocated for room hire and ancillary services for: 

  1. the whole of the Space if the cancellation is in respect of the whole of the Space; or,  
  2. the relevant part of the Space if the cancellation is in respect of a part separately identified on the Booking Form.  

 

      1. Catering
Amount of Notice Given Cancellation Charge 
If you give notice 8 or more Working Days prior to the Start Time If we have agreed to provide catering in connection with your use of the Space the charge will be 10% of the sum of money that we have agreed with you will be the cost to provide catering.
If you give notice 7 or less Working Days prior to the Start Time If we have agreed to provide catering in connection with your use of the Space the charge will be 100% of the sum of money that we have agreed with you will be the cost to provide catering. 

 

      1. If the total of the instalments of the Price actually paid by you is less than the Cancellation Charge you will pay any balancing sum immediately and if the total of the instalments of the Price actually paid by you is more than the Cancellation Charge we will refund to you the amount of the overpayment and when you have paid to us any sums you owe us you shall be released from all your obligations under this licence. 
      2. At any time prior to the commencement of the Licence Period we may give notice in writing to you that we can no longer proceed with your booking. 
      3. If we give you notice pursuant to clause 18.3 we will only be obliged to refund to you the amount (if any) which you have paid up to the date that notice is given to you provided that we shall not be liable to you whether in contract or 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 your booking. 

 

  • Miscellaneous 

 

    1. We and you agree that no person who is not a party to this agreement is to have the benefit of or be capable of enforcing any term of this agreement as a result of the Contracts (Rights of Third Parties) Act 1999.  
    2. Section 196 Law of Property Act 1925 applies to any notice served under or pursuant to this agreement.  
    3. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid illegal or unenforceable that provision or part-provision shall to the extent required be deemed to be deleted and the validity and enforceability of the other provisions of this agreement shall not be affected.   
    4. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and you irrevocably submit to the non-exclusive jurisdiction of the English Courts. 
    5. A reference to writing or written includes e-mail. 
    6. If any provision in these Conditions (or any part thereof) is rendered void or unenforceable by any court or authority of competent jurisdiction then all other provisions of the Conditions will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
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