Deerbrook Meeting Room Terms & Conditions
1. DEFINITIONS AND INTERPRETATION
The following words and expressions shall have the following meanings:
"Additional Costs” means the sum set out in section 10 of the usage details
"Agreement” means the written agreement between the Deerbrook Surgery and you for the usage of the room
"Deposit” means the sum set out in section 11 of the Usage Details
"Usage Fee” means the sum set out in section 9 of the Usage Details being cost for use of the room
"Function” means the function referred to at section 2 of the Usage Details
"Function Staff” means any and all of Your employees, contractors (including but not limited to Third Party Contractors), sub-contractors, agents and suppliers and anyone else directly or indirectly associated with the Function (other than the Deerbrook surgery’s staff)
"Practice manager” means the person nominated by the DEERBROOK SURGERY whose details are set out in section 3 of the Usage Details
"Guests” means the people that attend the Function
"Usage Details” means those details of the Function, the User and terms of contract set out in Part A of this Agreement
"Usage Period” means the period stated in section 5 of the Usage Details during which the Deerbrook surgery grants You the right to use the Permitted Area and to provide You with the Services (if any)
"Permitted Area” means that part of the Property (including the contents of that part of the Property) identified in section 7 of the Usage Details
"Property” means The Deerbrook surgery, 216 Norwood Road, London SE27 9AW
"Standard Terms” means the terms and conditions for use of the room for the Function set out in this Part B which form an integral part of this Agreement
"Third Party Contractor” means a third party contractor engaged by You to carry out functions in relation to the Function, details of which are set out in section 13 of the Usage Details
"You” means the User and "Your” has a corresponding meaning.
1.2.1 Unless the context requires otherwise, words in the singular may include the plural and vice versa.
1.2.2 Words importing individuals shall also include reference to incorporated and unincorporated associations and vice versa.
1.2.3 Words importing the masculine gender shall include the feminine gender and vice versa.
1.2.4 A reference to an Act of Parliament includes all derivative instruments, orders, regulations and other matters and in each case any re-enactment, amendment, consolidation or modification from time to time of that Act and any derivative instruments, orders, regulations or other matters.
1.2.5 An obligation owed by more than one person is owed by them jointly and severally.
1.2.6 An obligation by the User not to do something includes an obligation not to permit or allow it to be done.
1.2.7 Headings to clauses, paragraphs and schedules do not affect the construction of this Agreement.
1.2.8 A right granted by the DEERBROOK SURGERY is granted only so far as the DEERBROOK SURGERY can lawfully grant it and is granted in common with all other persons entitled to it and/or authorised by the DEERBROOK SURGERY to exercise it.
1.2.9 A right excepted or reserved to the DEERBROOK SURGERY is also reserved to any other person entitled to it and/or authorised by the DEERBROOK SURGERY.
1.2.10 A provision of this Agreement which is void or unenforceable shall be severed from all other provisions of this Agreement and the remaining provisions shall continue to have effect.
1.2.11 "Include" "includes" and "including" are deemed to be followed by the words "without limitation".
2. USAGE COSTS
2.1 You must pay the following fee plus value added tax (if chargeable):
£20.00 per hour
2.1.1 the Deposit at the time of signing this Agreement; and
£100.00 (GSTT teams will be exempt from this charge)
2.1.2 the usage fee (less the amount of the Deposit) and any Additional Costs within 14 days of receipt of an invoice, and the DEERBROOK SURGERY reserves the right to require full or part payment in advance of the Additional Costs not covered by the usage fee.
2.2 If the Function runs beyond the time specified in section 5 of the Usage Details an additional charge may be made at the DEERBROOK SURGERY’s discretion.
2.3 The DEERBROOK SURGERY reserves the right to charge You interest on any overdue amount on a daily basis at the rate of 2% above the base rate of the Bank of England rate in force from time to time which the Parties agree shall be a sufficiently substantial remedy for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998.
3.1 For any events that you will hold where the public can attend, you will need to have public liability insurance in place with a reputable insurer for an appropriate amount.
3.2 If You engage a Third Party Contractor to carry out activities at the Property then You shall ensure that the Third Party Contractor has sufficient insurance cover with a reputable insurer to cover its potential liabilities in relation to its activities at the Property.
3.3 You may be requested to provide satisfactory evidence of compliance with the insurance obligations set out in clauses 3.1 and 3.2 at least 14 days in advance of the Function.
4.1 You shall indemnify the DEERBROOK SURGERY against all liability suffered by the DEERBROOK SURGERY arising from Your use of the Permitted Area (except to the extent it is caused or contributed by the negligence or default of the DEERBROOK SURGERY) including:
4.1.1 the full cost of repairing any damage to or replacing any breakages or lost items from the Property or any of its buildings, fixtures, fittings or contents arising out of the Function;
4.1.2 all losses, damages or expenses suffered by the DEERBROOK SURGERY as a result of Your behaviour or conduct or that of Function Staff or Guests or any other person You invite onto the Property; and
4.1.3 any civil or criminal liability, costs, claims or expenses which arise directly or indirectly out of the Function or as a direct or indirect consequence of any breach by You of the provisions of this Agreement.
4.2 For the avoidance of doubt You acknowledge that the DEERBROOK SURGERY, its employees or agents shall not be liable for:
4.2.1 any damage, loss, delay or expense incurred by You, the Function Staff, Guests or any other person connected with the Function, except for death or personal injury resulting from proven negligence by DEERBROOK SURGERY, its employees or agents;
4.2.2 damage, theft or loss of any property, goods, articles, possessions, objects or similar things used, kept or left at the Property.
5. CONSENTS AND OTHER LICENCES
5.1 You must obtain, and/or ensure that any Third Party Contractor obtains, all licences, permits or consents necessary for the Function to lawfully take place and You must comply, and/or ensure that any Third Party Contractor complies, with any conditions imposed by such licences, permits or consents. You are responsible for any liability that arises directly or indirectly as a result of any non-compliance with or breach of such conditions.
5.2 You must provide the DEERBROOK SURGERY with copies of any licences, permits or consents required before the Function.
5.3 If the DEERBROOK SURGERY consents to You serving alcoholic beverages at the Function, You agree to comply with all relevant alcohol licensing legislation and the liquor licence for the Property in relation to you serving alcoholic beverages at the Function. If for any reason You believe You and/or a member of the Function Staff might be in breach of any alcohol licensing legislation and/or the liquor licence You must contact the Practice manager immediately.
5.4 You agree that You fully understand and accept Your responsibilities under all relevant alcohol licensing legislation and the liquor licence for the Property and You agree to indemnify the DEERBROOK SURGERY for any losses or liabilities it may suffer as a result of You and/or the Function Staff failing to comply with each of your respective responsibilities under any relevant alcohol licensing legislation and/or the liquor licence for the Property.
6. FUNCTION CO-ORDINATION
6.1 You must ensure a named contact is available at all reasonable times during the Function.
6.2 You are responsible for ensuring that all Function Staff are aware of the provisions of this Agreement, comply fully with them and follow the reasonable and lawful instructions of the DEERBROOK SURGERY (whether acting through its Co-ordinator or otherwise).
7. DAMAGE TO THE PROPERTY
7.1 You must ensure there is no damage to any part of the Property. Display stands, banners and additional lighting may be used in the Property subject to the prior approval of the DEERBROOK SURGERY and any special conditions it may impose. If any damage is caused to the Property as a result of using display stands, banners and/or additional lighting, You shall be liable to fully compensate the DEERBROOK SURGERY for any damage.
7.2 If any loss or damage to the Property occurs during the use of the Property for the Function (including during the preparation for and cleaning up after the Function), You must immediately report this to the DEERBROOK SURGERY and You will be liable to fully compensate the DEERBROOK SURGERY for the damage caused. The DEERBROOK SURGERY will undertake the repairs itself and to charge You for all costs incurred, including the cost of specialist craftspeople or consultants.
8.1 The DEERBROOK SURGERY reserves the right (acting reasonably by the Practice manager):
8.1.1 to refuse to allow anyone or anything to enter or remain on-site if it considers there to be a risk to people or the Property, or the likelihood of nuisance being caused; and
8.1.2 to stop and search any Function Staff or Guest entering or leaving or otherwise using the Property.
9. HEALTH, SAFETY AND FOOD HYGIENE COMPLIANCE
9.1 At all times throughout this Agreement, You must comply and ensure that all Function Staff comply with:
9.1.1 health and safety legislation and relevant industry standards;
9.1.2 all DEERBROOK SURGERY health, safety, fire and environmental requirements, codes of practice and guidance
9.1.3 any external users guidance notes which are provided
9.2 You must comply and ensure that all Function Staff comply with food hygiene legislation and relevant industry standards at all times.
9.3 You must ensure that emergency exit routes are kept clear at all times and in the event of an emergency evacuation You, all Function Staff and Guests shall:
9.3.1 evacuate the building immediately using the designated fire exits; and
9.3.2 on leaving the building, make their way to the assembly point on Norwood Road
10. EQUAL OPPORTUNITIES
As a manager, employer and provider for services, You shall do all that You can reasonably do to seek the elimination of all forms of discrimination in Your employment practices, management and provision of your services in relation to sex, religion, race, disability and sexual orientation in accordance with an established equal opportunities policy (as amended from time to time). In any event You shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Acts 1975 and 1986 and the Disability Discrimination Act 1995 and shall take all reasonable steps to ensure that all Your Function Staff or agents and all sub-contractors (including Third Party Contractors and their staff) employed in the provision of the Function do not unlawfully discriminate. In the event of any judicial or other official finding of unlawful discrimination by You, You shall take all reasonable steps to prevent a repetition of the unlawful discrimination and shall provide details of those steps to the DEERBROOK SURGERY upon request. In the provision of the Function, You shall ensure that the Function Staff behave with courtesy and respect to everyone regardless of sex, religion, race, disability and sexual orientation. You shall provide such information as the DEERBROOK SURGERY may reasonably request for the purpose of assessing Your compliance with this clause 10.
You may request the DEERBROOK SURGERY’s approval to use catering for an event, and such approval may be withheld by the DEERBROOK SURGERY for whatever reason, including but not limited to, if the proposed caterer fails a health and safety check. If the DEERBROOK SURGERY agrees to a request You agree to be liable to incur an additional charge in accordance with clause 13.2.
You acknowledge that there shall be no smoking anywhere at the property
13. CLEARING UP AND CLEANING UP
13.1 Any equipment used for the Function not supplied by the DEERBROOK SURGERY must be removed within the agreed day(s)/times specified in the Usage Details. If You do not comply with these obligations, the DEERBROOK SURGERY may move such equipment and charge You any costs and expenses it incurs in doing so, which You agree to pay on demand.
13.2 You are responsible, unless agreed with the DEERBROOK SURGERY otherwise in writing, for removing all litter or waste resulting from the Function. If You or any parties connected to your function do not comply with this obligation to the DEERBROOK SURGERY’s satisfaction, the DEERBROOK SURGERY may remove the litter or waste and charge You for any costs and expenses it incurs in so doing, which You agree to pay on demand.
14.1 If You cancel the usage of the Permitted Area pursuant to this Agreement, You will remain liable for any costs the DEERBROOK SURGERY may have incurred or incurs on Your behalf as a consequence of such cancellation and all costs which the DEERBROOK SURGERY has incurred in participation of You completing this Agreement. The DEERBROOK SURGERY may, in its absolute discretion, waive or reduce the monies recoverable under this clause and nothing in this clause will prevent the DEERBROOK SURGERY claiming incurred costs for cancelling the usage of the Permitted Area.
14.2 The DEERBROOK SURGERY may cancel this Agreement at any time by immediate written notice to You if:
14.2.1 You are in material breach of any of the terms of this Agreement and You fail to remedy such breach (if capable of remedy) within such reasonable period as the DEERBROOK SURGERY specifies by written notice to You; or
14.2.2 You cease to carry on business or enter into receivership, administration or liquidation (except for the purposes of amalgamation or solvent reconstruction) or become or are declared insolvent, and in such circumstances DEERBROOK SURGERY may claim the costs incurred by the DEERBROOK SURGERY as a result of this Agreement. Nothing in this clause 14.2 shall prevent the DEERBROOK SURGERY claiming damages for breach of contract.
14.3 The DEERBROOK SURGERY reserves the right to cancel this Agreement if the DEERBROOK SURGERY judges the Function to be offensive to a reasonable person or likely to endanger people or the Property or is otherwise likely to adversely affect the image, standing or reputation of the DEERBROOK SURGERY. If the DEERBROOK SURGERY cancels this Agreement pursuant to this clause 14.3 then the DEERBROOK SURGERY shall refund the Deposit to You in full and shall have no other liability to You.
15. STATUS OF THIS AGREEMENT
15.1 This Agreement does not create any partnership, agency, or employment relationship between You and the DEERBROOK SURGERY nor the relationship of landlord and tenant.
15.2 No legal or equitable interest in the Property or any other right is created by this Agreement other than as expressly provided in this Agreement and You must respect the DEERBROOK SURGERY’s use and continued occupation of the Property and must not enter any part of the Property other than the Permitted Area. Nothing in this Agreement grants You the right to exclusive possession of the Property or any part or the right to exclude the DEERBROOK SURGERY or the Landlord.
16. ASSIGNMENT AND THIRD PARTY CONTRACTORS
16.1 You may not assign, sub-contract or transfer this Agreement or any of Your rights or obligations without the prior written consent of the DEERBROOK SURGERY. Such consent shall not relieve You from any liability or obligation under this Agreement and you shall be responsible for the acts, omissions, defaults or negligence of your sub-contractors, agents or servants as fully as if they were acts, omissions, defaults or negligence of Yourself.
16.2 The DEERBROOK SURGERY may assign all or any of its rights and obligations under this Agreement to any company which would (if the DEERBROOK SURGERY were a company) be a subsidiary of the DEERBROOK SURGERY.
17. FORCE MAJEURE
17.1 If either You or the DEERBROOK SURGERY are prevented from complying with Your respective obligations under this Agreement by reason of a force majeure event, such event of force majeure shall not be deemed to be a breach of this Agreement. In such circumstance the DEERBROOK SURGERY and You agree, without prejudice to other remedies, to discuss in good faith how to resolve any resulting problems.
17.2 Each party agrees to take all reasonable action to mitigate any disruption caused by a force majeure event.
17.3 For the purpose of this clause 17, a force majeure event shall mean any circumstance beyond the reasonable control of a party which renders the continued satisfaction of that party’s obligations under this Agreement illegal or impossible, including, but not limited to, fire, flood (including flooding anywhere in the Property), Act of God, riot, civil disturbance, industrial dispute (not directly involving either party), war or sabotage.
18. ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding of the DEERBROOK SURGERY and You with regard to its subject matter and supersedes all prior arrangements, understanding and agreement (whether written or oral).
18.2 No amendment or variation of this Agreement shall be effective unless in writing and signed by the duly authorised representatives of the DEERBROOK SURGERY and You.
Any notice to be given shall be delivered by email to the practice manager
20. THIRD PARTY RIGHTS
Nothing in this Agreement grants any rights to any person who is not a party to this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.
21. VEHICULAR ACCESS
This Agreement does not grant any right to You for vehicular access to the Property or for the parking of vehicles on the Property.
The DEERBROOK SURGERY may make any rules concerning Your use of the Permitted Area and to elaborate upon any provision in this Agreement. Provided that any such rules are notified to You in writing and are not inconsistent with the terms of this Agreement You must abide by such rules as if they were contained in this Agreement and agreed to by You. The Practice manager may issue rules on behalf of the DEERBROOK SURGERY.
This Agreement shall be subject to the law of England and Wales and the DEERBROOK SURGERY and You agree to submit to the exclusive jurisdiction of the English Courts.