dominion events

Terms

TERMS & CONDITIONS OF HIRE AGREEMENT
PARTIES
(1)	NEDERLANDER DOMINION LTD (Company Number 2583337) whose registered office is at Regina House, 124 Finchley Road, London, NW3 5JS ("Nederlander Dominion").
(2)	THE HIRER as set out on the cover page of these Terms & Conditions (the "Hirer" – which term shall be deemed to include all of Hirer’s employees, agents, directors and shareholders) each a "Party" and together the "Parties"

IT IS AGREED THAT:

1 Definitions

In these Terms & Conditions, the following words or phrases shall have the following meanings:

"Additional Services" means those services specified in a Service Schedule;

"Event" means the event to be held by the Hirer in the Hired Area during the Hire Period as detailed on the cover page of these Terms and Conditions;

"Force Majeure" means any act of God, war, fire, flood, epidemic, act or threat of terrorism, national mourning, strike, explosion, failure of public utilities, lack of power, a suspension of power leading to inoperability of the Venue, damage to all or any part of the Venue or all or any part of the building which the Venue is a part or all or any part of the surrounding buildings or areas, civil commotion, riot, act of local or national government, or other circumstance beyond a Party’s reasonable control;

"Guests" means all those people that attend the Event;

"Hire" means the hire of the Hired Area for the Hire Period in accordance with these Terms & Conditions;

"Service Charges" means the charges for Additional Services provided by Nederlander Dominion as set out in a Service Confirmation in accordance with clause 3.3, to be paid by the Hirer to Nederlander Dominion;

"Service Confirmation" means the confirmation signed by both parties, in the form attached to these Terms & Conditions, agreeing the specification and costs payable by the Hirer for the Additional Services;

"Service Schedule" means a list of the services required by the Hirer, submitted in the form attached to these Terms & Conditions to Nederlander Dominion in accordance with clause 2 of these Terms & Conditions;

"Terms & Conditions" means these terms and conditions for the Hire (incorporating the Venue Regulations), and shall include the Service Schedule and Service Confirmation when completed and signed by the parties;

"Venue" means the venue detailed on the cover sheet; and

"Venue Regulations" means the Venue's rules and regulations for visitors to the Venue, in force from time to time, which shall include, without limitation, any relevant health and safety policy of the Venue.

2 HIRE

In consideration of the Fee, Nederlander Dominion agrees and permits the Hirer to use the Hired Area for the Event during the Hire Period and the Hirer agrees to hire the Hired Area on the terms set out in these Terms & Conditions.

3 Hirer's Obligations

The Hirer shall (and where applicable, also procure that its Guests shall):

3.1 pay the Fee on signature of these Terms & Conditions;

3.2 if it requires any additional services during the Hire Period, submit to Nederlander Dominion as soon as is reasonably possible following the date hereof and in any event by no later than [30] days prior to the Hire Period, a completed Service Schedule listing those additional services that the Hirer would like to be provided;

3.3 sign and return a completed Service Confirmation if and when supplied to it by Nederlander Dominion within one working day of the Hirer's receipt thereof and pay all Service Charges within 3 working days of the date of such completed Service Confirmation;

3.4 if the Hirer has requested any Additional Services under clause 3.2 and the Hirer then requires any further additional services that are not listed and agreed in a Service Confirmation ("Extras"), the Hirer shall immediately notify Nederlander Dominion, and, if at Nederlander Dominion's sole discretion it is able to supply such Extras, the Parties will immediately complete and sign an additional Service Confirmation, detailing the cost to be paid by the Hirer if Nederlander Dominion supplies such Extras;

3.5 immediately pay in full all sums due for Extras upon receipt of Nederlander Dominion's invoice for the same;

3.6 use the Hired Areas for the Event and for no other purpose;

3.7 strictly comply with:

(a) the Capacity limitations of the Hired Area as detailed on the cover sheet;

(b) the Venue's current premises licence (a copy of which is available on request) and all other laws, statutory, regulatory and other requirements related to the use of the Venue and/or the Hired Area from time to time; and

3.8 effect and maintain its own insurance in respect of public liability cover and any equipment and/or Hirer’s guests personal effects or other items brought by the Hirer into the Venue or Hired Area for the Event;

3.9 not permit any form of filming or recording whilst at the Venue without the prior written approval from Nederlander Dominion which may be subject to such terms as Nederlander Dominion may in its sole discretion impose;

3.10 not bring in or permit to be brought in any food or drink of any kind for the use of the Hirer and/or Hirer's Guests;

3.11 vacate the Hired Area at or before the end of the Hire Period, and shall remove any items brought into the Hired Area and/or the Venue by the Hirer and/or Hirer’s guests. Any items not removed may be disposed of immediately by Nederlander Dominion without incurring any liability whatsoever to the Hirer or Hirer’s guests;

3.12 pay immediately to Nederlander Dominion, on demand, any sums incurred by Nederlander Dominion in rectifying or otherwise dealing with any damage caused by the Hirer and/or its Guests during the Hire Period; and

3.13 indemnify and keep fully indemnified Nederlander Dominion from and against all losses, claims, damages, costs, expenses and other demands of any nature incurred by Nederlander Dominion directly or indirectly as a result of any negligence, breach of statutory duty or common law duty or other act or omission on the part of the Hirer and/or its Guests, and/or any breach by the Hirer of these Terms & Conditions and/or related to Hirer’s use of the Venue, the facilities, or their contents.

4 Acknowledgements

The Hirer acknowledges and agrees that:

4.1 time shall be of the essence for the performance of the Hirer's obligations under these Terms & Conditions, including, without limitation, for the payment of the Fee, any Service Charges and charges for Extras;

4.2 Nederlander Dominion will use reasonable efforts to provide a quiet environment, but that the nature of the Venue as a mutli-purpose live music venue, means that this cannot be guaranteed. By way of example, sound checks and rehearsals may take place in the Venue during the Hire Period and these can be very loud. Nederlander Dominion shall have no liability to the Hirer and/or any of its Guests of any nature if the Hired Area is not noise free or quiet during the Hire Period; and

4.3 all rights in relation to the Venue not expressly granted to the Hirer are reserved to Nederlander Dominion and may be exercised by Nederlander Dominion in any manner it deems appropriate.

5 NEDERLANDER DOMINION's OBLIGATIONS

Nederlander Dominion shall, subject at all times to the Hirer's and its Guests full compliance with these Terms & Conditions:

5.1 permit the Hirer to have access to the Hired Area during the Hire Period;

5.2 use reasonable endeavours to fulfil the Hirer's requests (if any) for Additional Services (without being under any obligation to supply the same);

5.3 use reasonable endeavours to supply any Extras requested by the Hirer (without being under any obligation to supply the same).

6 CANCELLATION and TERMINATION

6.1 If the Hirer cancels the Hire:

(a) within five (5) business days or less of the commencement of the Hire Period, then no refund of the Fee will be made to the Hirer by Nederlander Dominion; or

(b) more than five (5) business days from the commencement of the Hire Period, then Nederlander Dominion will refund 50% of the Fee to the Hirer.

6.2 Where the Hirer cancels the Hire but has not paid all amounts due and owing to Nederlander Dominion on such date of cancellation, the Hirer will immediately on demand pay to Nederlander Dominion:

(a) the outstanding balance of the full Fee, if cancelled in accordance with clause 6.1(a); or

(b) the outstanding balance of 50% of the Fee if cancelled in accordance with clause 6.1(b).

6.3 If Nederlander Dominion is prevented from complying with its obligations hereunder as a result of Force Majeure, it may immediately cancel the Hire and terminate these Terms & Conditions. In such circumstances, Nederlander Dominion will refund all payments of the Fee and, if any payments have been made, of the Service Charges and the Extras paid by the Hirer to Nederlander Dominion up to and including such date of cancellation and termination. Nederlander Dominion shall under no circumstances be liable for any fees, expenses, costs, losses or liabilities of any kind whatsoever whether direct or indirect or foreseeable or consequential.

6.4 Nederlander Dominion may immediately cancel the Hire and terminate these Terms & Conditions at any time (including during a Hire Period) without any liability to the Hirer and/or any of its Guests of any nature whatsoever, including, without limitation, to refund the Fee, the Service Charges and the Extras or any proportion of it if the Hirer and/or its Guests commits a material breach of these Terms & Conditions. Nederlander Dominion shall under no circumstances be liable for any fees, expenses, costs, losses or liabilities of any kind whatsoever whether direct or indirect or foreseeable or consequential.

7 General

7.1 Neither Party excludes or limits its liability under this Agreement for death or personal injury caused by its negligence, or fraudulent misrepresentation.

7.2 Nederlander Dominion shall not be liable to the Hirer for any loss of profits, business, revenue, anticipated profits, goodwill or reputation, economic loss or special or indirect or consequential loss suffered by the Hirer or by any of Hirer’s Guests or any third party in relation to the Hire, including by reason of any breach by Nederlander Dominion of the terms of these Terms & Conditions or by reason of any negligent act or omission of Nederlander Dominion. Notwithstanding this, Nederlander Dominion's aggregate liability in respect of any claim or series of claims made by the Hirer and its Guests and any third party in relation to the Hire shall not exceed an amount equal to the Fee.

7.3 If either party is affected by an event of Force Majeure which prevents it from performing its obligations under these Terms & Conditions, it shall promptly notify the other party of the nature and extent of the circumstances in question. Neither party shall be liable for any delay in performing its obligations nor for failure to perform its obligations under this Agreement if and to the extent that the delay or failure is caused by an event of Force Majeure.

7.4 These Terms & Conditions, including any Service Schedules and Service Confirmations and the cover sheet set out the entire agreement between the Hirer and Nederlander Dominion. No variation of these Terms & Conditions will be valid unless made in writing, signed on behalf of both parties.

7.5 This agreement contains the entire agreement and understanding between the parties in respect of all matters which are referred to herein and supersedes any prior written or oral agreement between them relating to such matters and the parties confirm that they have not entered into this agreement on the basis of any representations that are not expressly incorporated in this agreement. However, nothing in this agreement purports to exclude liability for any fraudulent statement or act.

7.6 These Terms & Conditions shall not be assigned or sub-contracted in whole or in part by the Hirer.

7.7 These Terms & Conditions are governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute.

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