Terms of service - anomalous space
1.0 DEFINITIONS
“Contract” means the contract between the Owner and the Hirer, which incorporates these terms and conditions into the Owner’s invoice as confirmation of booking.
“Premises” means the Owner’s
property that is being hired, this being the premises at Ground and First floor 34-38 Pentonville Road, London N1 9HF.
“Hirer” means the person, firm or company entering into the Contract with the Owner and if more than one, each shall be jointly liable for the obligations of the Hirer under the Contract terms.
“Owner” means Anomalous Space Ltd, registered company number 10321993 whose principal place of business is at 38 Pentonville Road, London N1 9HF
“Event” means the exclusive hire of the Premises for the use by the Hirer for the agreed usage.
“Term” means the agreed time/date booked by the Hirer for any Event
In reference to both the Breakages and Indemnity clauses, the “Hirer” shall remain responsible for all persons brought in directly or indirectly to the Premises for the purposes of their Event.
2.0 GENERAL
The Contract is personal to the Hirer and may not be assigned or sublet without the prior written consent of the Owner.
Notices - Every notice and all communications shall be via space@anomalous.co.uk
Governing Law - The Contract is governed by English law and the parties submit to the jurisdiction of the English courts.
3.0 CONTRACT
The Hirer agrees to the terms and conditions of this binding contract upon payment of deposit to the Owner.
4.0 OPERATIONAL TIME
The premises standard operational times are 09:00 - 17:00 Monday to Friday.
If a booking is requested outside of these operational times this must be agreed upon beforehand and may be subject to additional ‘out of hours’ rates.
Any booking that runs beyond the booked term will be liable to overtime charges relevant to the charge period (see overtime charges). No events can run past 00:00 with all guests off site by this end time. Any music must be lowered at 23:00. All guests must adhere to the ‘Rules of Conduct’ throughout the Term.
5.0 INDEMNITY
The Hirer shall be liable for and shall indemnify the Owner against any direct loss incurred by the Owner as a result of any damage directly caused to the Premises by the Hirer or by any of its guests or other third parties for which it is solely responsible. The Hirer’s liability under this indemnity shall be subject to a cap of the fees payable.
6.0 RULES OF CONDUCT
The Hirer shall ensure that the Hirer and its guests do not cause any nuisance to the Owner, the surrounding residents or any third parties at the Premises, nor will the Hirer permit any unlawful activities on the Premises. The Hirer shall ensure that no breach of any bye-laws, statutory requirements, health and safety or fire regulations is committed by the Hirer or any of its guests. The Hirer shall ensure that all rules of conduct with respect to the Premises, which are supplied to the Hirer by the Owner, are strictly adhered to.
7.0 MINORS
The Hirer must ensure that any persons under the age of 18 have parents’ or guardian’s permission to be at the Event, especially for the purposes of photography or filming, during the period of hire.
8.0 BOOKING INFORMATION
The Hirer must inform the Owner in writing at the time of booking of the purpose for which the Premises are required and the nature of the Hirer’s business, and the Owner reserves the right to refuse any booking in its absolute discretion.
The maximum number of people using the Premises or attending the Event at any one time shall be no more than 100. The maximum number of people using the Premises or attending the Event will be notified to the Owner by the Hirer in advance at least seven days prior to the Event and that number must not vary by more than 5% without prior consent of the Owner.
Deposits of 50% must be paid up front to secure all bookings a minimum of one week in advance unless an alternative arrangement is agreed upon. Full payment must be received at least 72 hours before the Event.
9.0 CANCELLATION
The Hirer may give notice of cancellation at any time prior to one week before the event date resulting in 10% loss of fee.
Within one week prior to the event date will result in loss of deposit.
After 72 hours prior to event date will result in loss of full booking fee. Rescheduled event fees will be deemed as credit.
the Owner may terminate the Contract if:
the Hirer fails to make payment prior to the term commencement date, or
the Hirer commits any other breach of the terms of the Contract; or
any action of the Hirer is deemed to be unacceptable by the Owner whether in relation to the nature of the Event, health and safety, compliance with applicable local or governmental authority regulations, advertising or otherwise.
In any circumstances, the Owner has the right to forfeit any deposit paid. The Owner reserves the right to cancel an Event at any time if circumstances beyond its reasonable control affect the Owner’s ability to make the Premises available.
In that case, the Owner shall have no liability to the Hirer except to return its deposit and any other payment received prior to the Event, after deducting all expenditure reasonably incurred by the Owner in relation to the Event.
All additional services (security, cleaning, staff, catering/drinks packages) are booked one week prior to event start date and are non-refundable if cancelled within the week before the event date.
10.0 RESCHEDULING
The Hirer may give notice to reschedule at any time prior to one month before the Event with no penalty. Rescheduling from one month to one week in advance of the Event will incur an additional rescheduling fee of 10% of the amount paid. Rescheduling after one week prior to the event will result in loss of deposit. Rescheduling after 72 hours prior to event will result in loss of full booking fee.
Future bookings can be secured using credit, confirming dates as and when required based on availability. Credit cannot be reimbursed if the Hirer chooses not to confirm future events.
11.0 OVERTIME
The Hirer must include set up and take down time within the hours booked in order to avoid any additional overtime charges. The Owner reserves the right to charge the Hirer its overtime rates for use of the Premises outside of the booked Term time, pre or post Event.
12.0 PAYMENT & CHARGES
All rates are based on hire of the space with existing equipment and does not include any equipment or services beyond the basic ‘facilities and equipment introduction’.
Any other charges such as cleaning, staffing, security, resetting, damages and additional AV equipment will be agreed in advance and invoiced and settled separately, the list of additional charges is not exhaustive.
The Hirer will be responsible for: any other charges incurred by the Owner in relation to the Event which are agreed in advance with the Hirer such as cleaning, staffing, security, catering/drinks packages, resetting and damages
Cleaning
All bookings require cleaning services following use of the premises. Basic cleaning services are factored in to the overall fee. For events that require a deep clean an additional cleaning charge will be added on to the overall fee and agreed on beforehand.
Security
For any bookings scheduled to run after 20:00 or where alcohol is consumed, the hirer will be required to factor in an additional security fee (quoted on request).
Overtime
Unbooked overtime is charged at:
The Home - £200ph
The Flat - £130ph
The Office - £100ph
The Studio - £80ph
The Study - £70ph
The Den - £40ph
Resetting
The removal of any additional furnishings or permanent fixtures, as well as any redecoration on behalf of the Owner to return the studio to its prior condition may be subject to a resetting charge. This shall be the actual cost incurred by the Owner for such resetting capped at the following amounts: (i) £100 for minor work including filling holes, sanding and painting; (ii) £500 for major work including full repaint and fixture of the cove; and (iii) £2000 for the total repaint of the space.
Damages
Any damage or breakages to property, facilities, equipment or furniture will be charged post event based on assessment, up to a maximum of £10,000 (the “Damages Cap”). A returnable damage deposit of 30% of the total hire may be requested for events considered ‘high risk’.
13.0 FACILITIES
The Owner shall ensure that the Premises and any equipment provided by the Owner are provided such that they are available and fit-for purpose at all times during the Term.
The facilities to be provided by
the Owner shall include:
basic audio-visual capabilities, including functional screens and projectors;
kitchenette facilities including supply of tea, coffee and water; and
fully functioning and serviceable toilet facilities;
Wi-Fi available for use of all persons on the Premises;
first aid kit.
Where, during the Term, the Hirer requires additional audio-visual, lighting or other equipment, the Hirer shall request such equipment in advance which can be provided by the Owner at an additional fee to be agreed in advance or brought in by the Hirer on the Owners agreement.
The Owner will provide a basic ‘facilities induction’ at the start of the booking period, to include an overview of equipment.
The induction will be conducted by the Owners on site staff member directly to the Hirer or any person previously agreed upon by both parties. Any further operational requirement for equipment will be charged at a technicians rate of £30 per hour and technical support will need to be requested a minimum of one week in advance of all bookings.
Beyond the standard furnishings provided by the Owner, removal of any permanent fixtures, as well as any redecoration that requires further intervention on behalf of the Owner to return the studio to its prior condition at the end of the contract may be subject to a resetting charge. See “Payment & Charges”.
14.0 EQUIPMENT
The space is booked with the existing equipment provided, unless additional equipment requirements are specified and agreed upon beforehand.
Equipment use beyond the provided basic AV equipment is charged as a separate rate to the space booking to be agreed in advance.
The Hirer shall be entitled to bring its own equipment and fixtures and fittings onto the Premises during the Term provided that it is at the Hirer’s risk and agreed upon beforehand.
All equipment brought in by the Hirer must hold relevant PAT tested certification and must be removed at the end of the Term.
Any requirements for storage or collection of equipment outside the stated event times will be liable to additional charges (see Deliveries/Storage).
The Hirer may not without the written consent of the Owner:
remove any equipment from the Premises; or
modify or alter or tamper with the equipment in any way; or
use the equipment in a manner not recommended by the manufacturer;
Equipment must be returned promptly at the end of the Term in the condition it was received, subject to usual wear and tear.
15.0 STAFF
The Owner ensures a member of staff is available on site for the Term located at the premises of 36 Pentonville Road and available to deal with any issues arising at the Premises including, but not limited too, technical issues or facilities requests. The Owner shall use its best endeavours to respond to any issues as soon as possible.
Additional staff can be arranged for technical support, waiting, security and cleaning on request.
16.0 CATERING & DRINKS PACKAGES
Catering and drinks recommendations can be suggested on request. The Owner can arrange for catering or drinks packages for an Event at a pre-agreed price. 10% of the total Event fee is added for management of catering and drinks.
The Hirer agrees that an additional £25 licensing fee will be included to any packages that include alcoholic drinks.
Catering and drinks packages are ordered one week before the Event date by the Owner and require the full price of the invoiced package fee to have been paid beforehand. In the event of cancellation after the package has been ordered, the Hirer agrees that the package is non-refundable.
The Hirer may pick up the goods from the Premises, however the Hirer agrees that this must be at a pre-agreed time and the goods will not be delivered off site. An additional storage fee is added for every day the goods are stored. If any delivery or collection of catering equipment is arranged outside of the hours of the booking, this will be incurred at an additional charge to the Hirer (see Deliveries/Storage).
The Hirer is permitted to engage its own caterers to bring food and drink into the Premises on a BYO basis provided that all unused food and drink shall be promptly removed by the Hirer within the booked Term. Alcoholic drinks can be brought and consumed on site but cannot be sold at an event without prior agreement.
No use of gas or flame for heating/cooking of food is allowed on the premises. Electric hobs and/or preparation and cold service is considered on request.
Food and drink will only be permitted in the premises on the condition that all waste is disposed of in the correct bins.
Additional glassware, cutlery and crockery can be hired on request at £1 per item (glass / crockery). A damage fee based on required amount is added to the overall fee and returned after review of damages post Event.
17.0 BREAKAGE
The Hirer shall be responsible for all breakages, losses or damages caused to the Premises or Equipment by him/her, or any other person, during the Term, subject to the ‘Damages Cap’. See “Damages”.
No alterations, decorations or additions to the Premises are permitted without the written consent of the Owner.
The Hirer must notify the Owner at the time of supply if the condition of the equipment is not acceptable.
The Owner shall not be liable to the Hirer for any indirect or consequential losses (including indirect loss of profit) arising out of or in connection with any of the following:
any damage too or loss of property by the Hirer or the Hirers guests or any third party;
any breakdown, stoppage or failure of the facilities and equipment provided at the Event; or
any other equipment supplied to the Hirer by the Owner.
18.0 RISK ASSESSMENT
The Hirer takes full responsibility for all team members/participants and products brought on to site. The Hirer confirms that they will perform their own risk assessment as required. The Owner bears no responsibility for any injury from interactions or use of equipment within the venue.
19.0 DELIVERIES/STORAGE
We do not accept delivery or store goods for any events outside of the booked term, unless agreed upon beforehand. Any agreed receipt of deliveries or storage of goods is charged at £50-75 (per case basis). Overnight storage of goods/equipment within the premises is charged at £350 +VAT. The Hirer will not have access outside of their booked Event times.
20.0 OWNER’S OBLIGATIONS
The Owner will, at all times during the Term, have in place appropriate insurances with a reputable insurer in relation to the Premises and the normal commercial risks and liabilities arising from obligations defined under this Agreement. Liability cover can be shown on request.
The Owner will ensure that all equipment provided shall comply with all relevant statutory regulations and industry standard health and safety requirements.