Terms & Conditions

BRIGGAIT 1873 HALL – CONDITIONS OF LET (“the conditions”) T’s & C’s – June 2015


Interpretation

“Application” means the Hirer’s request to Let the Venue which will be through the online booking system found at http://1873hall.inhouse.scot

“Agreement” means these Conditions together with the completed Application and Confirmation.

“Hirer” means the person(s), group, company or other legal personna who have entered into a contract with Inhouse for the Let of the Venue as detailed in the Agreement.

“WASPS” means WASPS – Workshop & Artists Studio Provision (Scotland) Limited is a charity registered in Scotland (SC001351). It is also a company limited by guarantee registered in Scotland (SC062117).The Wasps Trust is a charity registered in Scotland (SC022115). Wasps Creative Industries C.I.C. is a community interest company registered in Scotland (SC383609) The registered office for the above 3 entities is: The Briggait, 141 Bridgegate, Glasgow, G1 5HZ.

“Inhouse” means Inhouse Ltd a limited company incorporated under the Companies act with registered number SC414807 and having its registered office at 223, 141 Bridgegate, Glasgow, G1 5HZ.

“1873 Hall Event Committee” means those who decide on the suitability of events within the Venue. This will consist of up to two senior representatives of Inhouse and up to three representatives of Wasps.

“1873 Hall” means exclusively the paved area hall space on the ground floor of the Briggait, 141 Bridgegate, G1 5HZ. This does not include, back storage areas, meeting rooms, upstairs balconies or exhibition spaces at the Bridgegate entrance.

“Venue” means the 1873 Hall and additional areas which have been mutually agreed and confirmed to be used by the 1873 Hall Event Committee for the duration of the Let.

“Duty Manager” means the officer duly authorised by Inhouse to have responsibility for the daily management of the Venue during the Let.

“First Payment” means the deposit of £100 that will be used to freeze the dates applied for in the Application. This payment is non-refundable.

“Second Payment” means 25% (minus the £100 First Payment) of the Estimated Initial Cost. This is due to be paid eight weeks before commencement of the Let.

“Third Payment” means 100% of the Estimated Final cost, this must be paid four weeks before commencement of the Let.

“Fourth Payment” is a refund of the Second Payment less any additional charges in excess of the Estimated Final costs such as, but not exclusively, additional staffing or damages to the Venue.

“Confirmation” means the Let confirmation issued by Inhouse and shall detail the date, time, agreed spaces, the Estimated Final cost and such other conditions of Let.

“Let” means the contract between Inhouse and the Hirer in term of which the Hirer is entitled to acquire the temporary use of the Venue.

“Licensed Hours” means the hours during which it is legally permissible for alcohol to be sold at the Venue in accordance with the terms of any licence issued by the City of Glasgow Licensing Board.

“Consultation” is an initial meeting between the prospective Hirer and Inhouse.

“Estimated Initial cost” means the anticipated cost for the Let based on the initial consultation.

“Estimated Final cost” means the anticipated cost for the Let based on the submission of all relevant documentation.

Applications

For an application to be considered, it must be made eight (8) weeks in advance of the start of the Let through http://1873hall.inhouse.scot and must not conflict with other events.

Late applications (0 – 8 weeks prior to commencement of Let – subject to licenses) will be considered, but may incur an additional administration fee.

The purpose of the proposed Let must be clearly stated at the time of Application.

All Applications for Let are subject to the approval of the 1873 Hall Event Committee.

Receipt of an Application for Let does not constitute an acceptance of the Application by Inhouse. Confirmation of receipt of Application along with an indication of Estimated Initial Cost for the Let will normally be issued within five (5) working days from submission of an Application.

The Venue should not be considered Let until Confirmation has been issued by Inhouse. This will not be issued until all appropriate payments have been made and all relevant documentation has been accepted by Inhouse.

Lets are granted to the individual, or an individual on behalf of an organisation making the application (“the Hirer”) and are non transferable except with the written consent of Inhouse.

All applicants must be eighteen (18) years of age or older and proof of age and identity may be required.

Consultation and event planning

After the Application has been approved by the 1873 Event Committee the Hirer must engage in a consultation with Inhouse, where the event will be discussed in more depth. The Estimated Initial Cost will be confirmed following this meeting.

No events should be affiliated to the Venue until after this Consultation with Inhouse has taken place.

Hire time

All Lets are subject to the times set out in the Let. Hirers will not be permitted entry to the Venue until the time stated on the Let and Hirers must ensure that the Venue is vacated by the agreed time.

Where the Hirer fails to comply with Condition 4.1 above they will be charged for additional hours.

Areas Let

The Hirer shall only be permitted access to the areas specified in the Let.

The Hirer agrees to follow the instructions of the Duty Manager at all times and the Duty Manager shall have full access to all parts of the Venue during the Let.

Inhouse reserves the right to use any and all areas of the Venue during a Let at such times as these are not being actively used by the Hirer.

During the period of the Let, access routes must be maintained for all tenants of the 1873 Hall.

No part of the Venue or its facilities may be used for any purpose other than that specified in the Let and the Venue shall not be sub-let.

The Duty Manager has the right to suspend the Let or take action on any matter which, in the reasonable opinion of the Duty Manager, does not comply with the Conditions of Let or is necessary in the interest of health and safety or to deal with any contingency not covered by the Conditions of Let. In such circumstances the Hirer will remain fully liable for the fees payable for the Let regardless of the fact the Let has been cancelled. Inhouse will not be responsible for any costs or losses which are incurred by the Hirer as a result of such cancellation.

The Hirer undertakes to observe, carry out and abide by all conditions and regulations imposed by Inhouse for the efficient administration of the Venue. All documents should be digitally submitted and accepted 4 weeks before the Commencement of Let. Failure to do so may result in the loss of First and Second Payment and Let dates.

The Hirer must specify any special layout or other requirements for the Let at the time of Consultation.

Fees and charges

Payments will be made by direct debit.

The First Payment will be payable by the Hirer which will freeze the dates applied for. No dates will be held until this payment is made. No consultation will take place until this payment is made.

The Hirer will receive an invoice from Inhouse for the First Payment. Such invoices must be paid through direct debit by the Hirer and in the nominated bank account of Inhouse within fourteen (14) days of issue.

In the event that the funds for the First Payment do not reach the nominated bank account within fourteen (14) days of issue of Inhouse’s invoice, Inhouse reserves the right to accept alternative Applications for the Let of the Venue.

The Hirer’s First Payment will be retained by Inhouse in the event that the Let is cancelled.

The Hirer will receive an invoice from Inhouse for the Second Payment. Such invoices must be paid through direct debit by the Hirer and in the nominated bank account of Inhouse 8 weeks prior to the commencement of the Let.

In the event that the funds for the Second Payment do not reach the nominated bank account 8 weeks prior to the commencement of the Let, Inhouse reserves the right to accept alternative Applications for the Let of the Venue.

This Second Payment will be retained by Inhouse in the event that the Let is cancelled.

The Hirer will receive an invoice from Inhouse for the Third Payment. Such invoices must be paid through direct debit by the Hirer and in the nominated bank account of Inhouse 4 weeks prior to the commencement of the Let.

In the event that the funds for the Third Payment do not reach the nominated bank account 4 weeks prior to the commencement of the Let, Inhouse reserves the right to accept alternative Applications for the Let of the Venue.

In the event the Hirer’s property is occupying space which has been Let to another Hirer the Hirer will be given the opportunity to either:-

Arrange for the removal of the Hirer’s property at a time agreed with Inhouse; or

Agree to pay for the time requested by the other Hirer

Where the Hirer’s property is occupying space within the Venue and the Hirer does not remove the property or pay for additional time in accordance with Clauses 6.11.1 or Clause 6.11.2 above then Inhouse reserve the right to return the property to the Hirer and recover the reasonable costs of doing so from the Hirer.

Within 21 days after the end of the Let Inhouse will make a payment to the Hirer of the Fourth Payment.

Insurance

The Hirer shall affect and maintain adequate insurance:

Against fire and all other risks covering all property which the Hirer may bring into the Venue whether such property is the Hirers or that for which the Hirer is responsible; and

Covering the Hirer’s liability, statutory and common law in respect of those participating/watching the activity for which the Let has been granted or who are either a registered member of, a guest of, or a person employed by the Hirer.

Inhouse will ensure adequate public liability insurance is in place to an indemnity limit of £5,000,000.

Copyright and performing rights society

The Hirer shall comply with all Performing Rights Society Regulations and Guidelines.

The Hirer will provide any information requested by Inhouse regarding music to be used during the Let.

Designated contacts

In the absence of the Hirer during the period of the Let, a nominated representative (the Event Contact) must be in place to act on the Hirer’s behalf. Any decisions taken by the Event Contact will be deemed to have the approval of the Hirer.

Loss of or damage to the hirer's property

Inhouse shall not be responsible for any loss or damage howsoever caused, to the Hirer’s property or the property of those participating/watching the activity for which the Let has been granted or who are either a registered member of, a guest of, or a person employed by the Hirer. It is understood that all property used or stored in the Venue by the Hirer shall be so used or stored at the Hirer’s own risk.

Loss of or damage to the venue and it's contents

The Hirer shall be responsible for any loss of or damage to the Venue and its contents during the Let whether caused by the Hirer, or those participating/watching the activity for which the Let has been granted or who are either a registered member of, a guest of, or a person employed by the Hirer.

The Hirer shall not make any alterations to the fabric of the Venue or its fixtures, furniture or equipment without prior approval.

Deliveries in advance of a let

No equipment, properties or other goods are to be delivered to the Venue prior to the commencement of a Let except with the prior written consent of Inhouse.

It is agreed that where deliveries are to be made after the agreement as specified in Condition 12.1 above, the Duty Manager responsible for accepting such deliveries will not be required to take an inventory of the delivery before accepting the same.

Notwithstanding Condition 12.2 above, Inhouse reserves the right to check all equipment in and out of the Venue.

Inhouse shall not be responsible for any loss or damage however caused to equipment, property or any other item delivered to the Venue prior to commencement of the Let.

Smoking

Smoking will not be permitted in any part of the Venue in accordance with provisions of the Smoking, Health and Social Care (Scotland) Act 2005.

Sale and/or consumption of alcoholic liquor

In the event of alcoholic drinks being available for purchase during the Let, the Hirer must take responsibility for obtaining the appropriate license from Glasgow City Council in accordance with provisions of the Licensing (Scotland) Act 2005.

If requested by the Hirer Inhouse can apply for the correct license. This must be requested in writing at least 8 weeks (56 days) before the commencement of the Let.

In the event of a breach of conditions 14.1 above Inhouse may at its sole discretion cancel the Let with immediate effect. In such circumstances the Hirer will remain fully liable for the fees payable for the Let regardless of the fact the Let has been cancelled. Inhouse will not be responsible for any costs or losses which are incurred by the Hirer as a result of such cancellation.

No alcohol shall be consumed on the premises outwith the designated Licensed Hours. Where Inhouse agrees to any request of the Hirer to extend the Venue’s Licensed Hours the Hirer shall be responsible for any costs incurred by Inhouse in this regard including, but not limited to, any additional licensing fees.

For Lets where complimentary drinks are provided it is the Hirers responsibility to ensure that these are distributed responsibly.

It is understood that no alcoholic liquor will be consumed by the Hirer or persons employed by them or working voluntarily with them in any area of the Venue before or during their period of duty. Any such person thought to be under the influence of alcohol or any substance that, in the opinion of the Duty Manager, renders them unable to fulfil their duties will be requested to leave the premises.

Catering

Inhouse must be informed of all designated contractors providing food or beverages in the premises eight (8) weeks in advance of commencement of the Let.

All caterers must conform to all Food Safety and Environmental Health legislation and guidelines. Documentation evidencing this must be submitted no later than eight (8) weeks before the commencement of the Let. This may also entail inspections and approval by Glasgow City Council Environmental Health Officers.

Control of admission to the venue

In accordance with the management rules for the Venue the Duty Manager may if they deem necessary refuse admission to the Venue or any part thereof or eject persons who have already gained entry.

Use of the Venue or any part thereof is granted only to those participating/watching the activity for which the Let has been granted or who are either a registered member of, a guest of, or a person employed by the Hirer.

It is the responsibility of the Duty Manager to maintain records of the number of attendees who are in the Venue at any given time.

Any individual entering an area of the Venue regardless of age and whether or not they occupy a seat must be counted towards the occupancy of the Venue. The maximum occupancy levels for the Venue will be stated on the Confirmation of Let issued by Inhouse.

Duty manager and security

The preservation of proper order both within and in the immediate area of the Venue shall in all cases be the responsibility of the Duty Manager who is authorised to take any measures necessary to ensure public order and safety. The Hirer will assist in this regard by complying with any reasonable instructions issued by the Duty Manager.

If Inhouse deem it necessary designated stewards from Inhouse Stewards Ltd will be present in addition to the Duty Manager and will be responsible for controlling admission to the Venue and in particular for ensuring that maximum occupancy levels for these areas are not exceeded.

Inhouse Stewards Ltd is the primary security contractor for the Venue. If the Hirer is looking to provide their own security for the event, this must be agreed with written confirmation from Inhouse eight weeks (8) before the commencement of the Let.

For each event in the Venue the level of stewarding and security will take into account the anticipated attendance level, crowd profile and nature of the event - this will be discussed at the Consultation. In the event of a material change to any of these factors during the Let, the Duty Manager in consultation with the Hirer has the right to increase the level of stewarding and the Hirer will be liable for the additional costs.

It is understood that the primary duty of stewards it to ensure that safe conditions are maintained in the Venue at all times, and to achieve this, they will:

Ensure that no overcrowding occurs in any part of the Venue;

Keep all gangways and exits clear at all times;

Prevent standing on seats or furniture;

Be aware of any special requirements needed to ensure the safe evacuation of those connected with the Let from the Venue;

Assist in the evacuation of the Venue as and when required:

Monitor access to the areas of the Venue in which events are taking place and, if necessary, restrict entry to any members of the public in excess of legal capacities.

Assisting Duty Manager in control of the venue, with reference to 16.1 and all other aspects of crowd management.

The Duty Manager will have a basic first aid certificate, however it is recommended that at least one of the Hirer’s event team are also qualified.

Health and safety

At the beginning of each day of Let, the Duty Manager will carry out a Health and Safety briefing which will include all relevant fire evacuation information.

Adhering to Health and Safety Regulations following the Health and Safety briefing with the Duty Manager is the responsibility of the Hirer.

Hirers must not use within, or bring into, the Venue any flammable or otherwise hazardous materials without the prior written consent of Inhouse. Before granting such consent, Inhouse will ensure that the Hirer has completed a risk assessment for those materials.

In the event of any breach of conditions of 18.2 or 18.3 above Inhouse may at its sole discretion cancel the Let with immediate effect. In such circumstances the Hirer will remain fully liable for the fees payable for the Let regardless of the fact the Let has been cancelled. Inhouse will not be responsible for any costs or losses which are incurred by the Hirer as a result of such cancellation.

Hirer's equipment

Where the Hirer wishes to bring their own equipment into the Venue, at least four (4) weeks notice must be given to Inhouse, in writing. In accordance with Clause 12.2 above, Inhouse reserve the right to check equipment in and out of the Venue.

Hirers will not be permitted to use any equipment which does not carry the relevant safety certificates.

The Duty Manager may prohibit the use of particular items of equipment if in the Duty Manager’s opinion the Hirer is not sufficiently trained to use such equipment in a safe manner.

Inhouse will not be responsible for any costs or losses incurred by the Hirer as a result of Inhouse’s refusal to allow equipment to be used within the Venue.

All equipment, property and other items belonging to the Hirer must be removed at the Hirer’s expense at the termination of the Let unless prior alternative arrangements have been agreed in writing with Inhouse.

Lighting/power

No alteration or addition to the existing lighting arrangements shall be carried out and no additional power sockets shall be installed nor use made of existing power sockets without the prior written consent of Inhouse.

Arrangements for cleaning

Inhouse will ensure the relevant areas of the Venue are cleaned prior to the Let.

At termination of the Let all areas of the Venue used by the Hirer must be left in a neat and tidy condition to the satisfaction of the Duty Manager.

The Let includes the reasonable cost of cleaning of the relevant areas of the Venue. Inhouse reserve the right to apply an additional charge where, in their reasonable opinion, the level of cleaning required following the Let is beyond that reasonably expected.

Any specific cleaning requirements for the duration of the Let must be agreed in writing with Inhouse prior to the commencement of the Let.

During Lets extending beyond a single day, where agreed in advance and outlined in the Confirmation, Inhouse will clean the areas Let to the Hirer provided that these have been left in a condition to allow such cleaning to be undertaken without the need for the cleaning staff to move the Hirer’s equipment and other belongings.

Inhouse reserve the right to charge the Hirer for any costs incurred for the disposal of large items of refuse or unreasonable amounts of rubbish during or at the end of the Let.

Cancellations

Inhouse reserve the right to refuse or cancel any Let.

Without prejudice to Condition 26, in circumstances where Inhouse is obliged to cancel a Let through no fault of the Hirer, notice will be given as early as possible and Inhouse will refund to the Hirer any money paid in respect of the Let. No compensation will be paid by Inhouse for any losses sustained by the Hirer in respect of any such cancellation.

In the event that Inhouse requires to cancel the Let due to the action or inaction of the Hirer, the Hirer will require to pay 100% of the fees payable in connection with the Let.

Should the Hirer wish to cancel a confirmed Let the Hirer must give written notice to Inhouse. Any refund of the Third Payment in whole or in part is entirely at the discretion of Inhouse.

Emergencies

Any accident or incident during the period of Let must be reported to the Duty Manager immediately.

In the event of an emergency during a Let it is agreed that the Duty Manager may require an event to be stopped immediately in any or all parts of the Venue.

In the case of an emergency affecting the Venue, the Hirer shall be required to comply with the instructions of the Duty Manager and/or the emergency services.

Where either any member of the emergency services or the Duty Manager gives a direction to the Hirer and that direction is ignored or not complied with fully, Inhouse shall have no liability for any injury and/or damage to persons or property which may result as a consequence thereof.

General assistance to be provided by the hirer

The Hirer shall assist Inhouse staff in ensuring that the Venue is maintained in the same condition throughout the duration of the Let including ensuring that:

Passageways, corridors and doorways are kept free from obstructions;

Fire appliances are not covered or blocked in any way;

Unauthorised intruders or suspicious activity are reported promptly to the Duty Manager;

Any and all accidents are reports immediately to the Duty manager

The Hirer shall ensure the areas they have Let shall be clear of all persons and their property by the termination of the Let.

All Health and Safety regulations are adhered to.

Parking

Inhouse shall not provide any parking facilities for the Hirer at the Venue.

Force majeure

Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

Where Inhouse is unable to fulfil its requirements in terms of the Let as result of such circumstances detailed in Condition 22.2, every effort shall be made to reschedule the Let to a date which is agreed between the Parties.

Where reasonable arrangements cannot be made to reschedule the Let, it shall be terminated. No compensation will be paid by Inhouse for any losses sustained by the Hirer in respect of any such cancellation.

Entire agreement

The parties agree that the Agreement constitutes the entire Agreement between them, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between them.

Dispute resolution

All disputes between the Parties arising out of or relating to these Conditions may be referred, in the first instance, by either Party to the Executive Director - Corporate Services, Wasps.

Waiver

Any waiver (whether effected by a positive waiver or by a delay or failure in enforcement) by any party hereto of its right, in any instance, to require compliance with any of the provisions of this Agreement by the other party shall not prevent that party subsequently requiring such compliance in respect of that instance by the other party.

Law and jurisdiction

These Conditions shall be governed and construed in accordance with Scots Law and shall be subject to the exclusive jurisdiction of the Scottish Courts to which both Parties submit.

Inhouse reserve the right to delete, alter or cancel any of these conditions at any time.