1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Agreement: The venue hire agreement entered into between the Hirer and The Florence Institute consisting of these Terms and Conditions and the Booking Form;
Booking: The arrangement of the hire of the Venue including, but not limited to, setting the dates and time for hire, agreeing the Hire Fees, specifying the nature of the Event and completion of the Booking Form;
Booking Form: A form substantially in the form of the document to which these Terms and Conditions are appended which once completed will form part of the Agreement together with these Terms and Conditions;
Catering Service: The Florence Institute catering services and hospitality team.
Deposit: Any sum payable by the Hirer under clause 4;
Event: The event or function which the Hirer intends to host at the Venue subject to these Terms and Conditions;
Hirer: The person or organisation named in the Booking Form as the hirer of the Venue;
Hire Fees: The total sum payable by the Hirer for the hire of the Venue as determined under clause 5;
Hire Term: Means the total duration of the Venue hire as defined in clause 3;
Payment Schedule: The schedule of which payment of the Hire Fees is due as detailed in the Booking Form;
Premises: Any part of The Florence Institute including but not limited to the Grand Hall, the Gym, and the Heritage Resource Centre;
The Florence Institute: The Florence Instituted Trading Co Limited, a company registered in England and Wales with company number 07866843 whose registered office is at 377 Mill Street, Liverpool, Merseyside L8 4RF;
Venue: The part(s) of the Premises in which the Event is to take place as requested by the Hirer in the Booking Form;
Events Team: The Florence Institute team responsible for all matters in connection with the hiring out of the Premises who may be contacted using the details provided in clause 22.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
(a) “writing”, and any cognate expression, includes a reference to any communication effected by email or similar means;
(b) a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
(c) “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
(d) a clause is a reference to a clause of these Terms and Conditions; and
(e) a “party” or the “parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2. BOOKING PROCESS
2.1 Once the venue hire is agreed in writing (contract, email or letter), The Florence Institute will raise an invoice for the balance of charges and forward it to the Hirer.
2.2 Full settlement of the charges is required prior to the commencement of the Event, unless otherwise agreed in writing (contract, email or letter) with The Florence Institute’s Event Manager.
2.3 Late Bookings: In the case of a booking requested or made in the period of one to four weeks prior to the Event date is regarded as a Late Booking and the Contract and payment of all charges must be paid in full. Furthermore, additional charges may apply to reflect any additional resources or requirements and arrangements which need to be accommodated at short notice. The Hirer will be notified of these in writing by The Florence Institute Event Manager.
2.4 Subject to the cancellation provisions set out in clause 6 the Deposit shall be non-refundable.
2.5 At the time of making a Booking the Hirer shall provide The Florence Institute with full and accurate particulars of the proposed Event. Details required include the theme, the purpose, whether there is to be a cost of entry to the event, the number of persons expected to attend the Event and any additional requirements the Hirer may have.
2.6 For private and social events The Florence Institute may require the Hirer to either at the time of making a Booking or as soon as possible thereafter (not less than 7 days prior to the Event) supply to The Florence Institute a copy of the guest list for the Event.
2.7 When making the Booking the Hirer shall provide the date and duration of the Event. The Florence Institute shall use all reasonable endeavours to satisfy the Hirer’s requirements. If the requested dates are not available, The Florence Institute shall offer the nearest available dates.
2.8 The Florence Institute reserves the right to refuse the booking or cancel the reservation in accordance with clause 6.
2.9 Once the Booking has been accepted by The Florence Institute and any Deposit paid in accordance with clause 4, the Venue shall be reserved for the Hirer for the agreed Hire Term subject to these Terms and Conditions.
3. HIRE TERM
3.1 The Venue may be booked for a minimum of 4 hours / half day. The Florence Institute shall endeavour to accommodate requirements for longer periods however such extended terms are available at the exclusive discretion of The Florence Institute and by agreement only.
3.2 The Hire Term shall be agreed at the time of Booking and may only be subsequently varied by the Hirer giving written notice to The Florence Institute not less than 14 days prior to the start of the Hire Term, and The Florence Institute providing its written consent.
3.3 Subject to any subsequent variation agreed by The Florence Institute in accordance with clause 3.2, the agreed Hire Term will be set out in the Booking Form.
4. DEPOSIT & SECURITY DEPOSIT
4.1 The Security Deposit (where required) will be retained in the event of (but not limited to) loss or damage to the property of The Florence Institute. Failure of the Hirer, or Hirer’s Agent(s) to clean or remove items, untidiness, deviation in event timings in respect of the Hire Period or other failure to comply with the requirements in the Booking Conditions / Contract.
4.2 At the time of Booking the Hirer may be required to pay a Deposit to The Florence Institute. The Deposit shall be 20% of the total Hire Fees. Bookings shall not be deemed confirmed until the Deposit is paid in full.
4.3 Subject to the cancellation provisions set out in clause 6 the Deposit shall be non-refundable.
4.4 Some Events (e.g. Weddings, Private Functions, Parties) require a £500.00 Security Deposit per/space and may apply to the Grand Hall, Victorian Gymnasium, Meeting rooms, Kitchen, Garden or Courtyard in addition to clause 15.4, with returns policy detailed in 15.5.
5. FEES & PAYMENT
5.1 The Hire Fees will be determined by The Florence Institute. For further information on venue hire fees the Hirer should contact the Venue Hire Team.
5.2 All prices quoted or listed by The Florence Institute are subject to change until acceptance by The Florence Institute of the Booking.
5.3 All prices quoted or listed by The Florence Institute are excluded of Value Added Tax (VAT) unless stated.
5.4 All payments must be received in full prior to the date of the event or as per the Payment Schedule.
5.5 The Florence Institute reserves the right to:
- amend or vary the Hire Fees and to issue further invoices to the Hirer if the Event particulars change after the date of the initial invoice; and
- issue an invoice to the Hirer for any additional costs or damages incurred during the Event.
5.6 Any invoices payable by the Hirer which are not detailed in the Payment Schedule must be paid within 7 days of receipt.
5.7 In limited circumstances concessionary rates may be available. Such rates shall apply to the hire of the Venue by non-profit organisations, educational establishments, charities and similar organisations. The Hirer may consult with The Florence Institute at the time of Booking in this regard. Concessionary rates are available at the exclusive discretion of The Florence Institute and by agreement only.
5.8 If for any reason the Hirer fails to pay the Hire Fees prior to the Event or any other payment due under the Agreement by the date on which payment is due, The Florence Institute, in its sole discretion, may cancel the Booking in addition to any other rights or remedies that it may have under the Agreement.
5.9 Payment of the Hire Fees may be made by BACS, cheque or visa/debit card.
5.10 Where any payment pursuant to the Payment Schedule is required to be made on a day which is not a Business Day, it may be made on the next following Business Day.
6. CANCELLATION OF BOOKING
6.1 In the event of any cancellation or termination of the Hirer’s booking, cancellation / termination charges will apply as shown in the Table below. No liability will fall upon The Florence Institute in respect of any loss sustained or expenses incurred by the Hirer or any other person, as a result the Hirer is advised to insure against such loss or expense by taking out the Hirer’s own Events Insurance with a reputable insurer.
6.2 Any cancellation by the Hirer must be communicated to The Florence Institute in writing.
6.3 The Florence Institute reserves the right to cancel the Event for any reason and at any time, including, but not limited to:
- a failure by the Hirer to pay any part of the Hire Fees due as set out in the Payment Schedule;
- failure by the Hirer to provide full and accurate particulars of the Event as required by clause 2.1 or if The Florence Institute deems any elements of the Event are, or are likely to be a breach of The Florence Institute’s policies, values or ethos, in which case the Booking may be cancelled immediately at any time by The Florence Institute on written notice to the Hirer.
6.3 Subject to the provisions of clause 20, should The Florence Institute cancel the Event for any reason The Florence Institute shall refund any Hire Fees paid less the Deposit.
6.4 Subject to the provisions of this clause 6.1 the Hirer, may cancel the Booking at any time before or after all or any part of the Hire Fees have been paid. The Hirer shall be liable to pay The Florence Institute a cancellation fee in the manner set out below:
|Days prior to the Hire Term
|Percentage of the Hire Fees
|3 months +
|30% of the Hire Fees
|Between 30 days and 3 months
|50% of the Hire Fees
|Between 29 days and 15 days
|80% of the Hire Fees
|Less than 15 days
|100% of the Hire Fees
6.5 Where any refunds are due to the Hirer, such refunds shall be paid to the Hirer within 30 days of the date of cancellation.
7. USE OF THE VENUE
7.1 The Hirer may not at any time:
- Use the Venue for any purpose other than that described in the Booking Form;
- Have gas cylinders in the Venue or any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous without the prior written permission of The Florence Institute, such permission to be sought at least 30 days prior to the start of the Hire Term;
- Allow live animals into the Venue without the prior written permission of The Florence Institute, such permission to be sought at least 30 days prior to the start of the Hire Term. This prohibition does not include guide dogs for the blind which shall be permitted at all times;
- Use candles or other lighted flames inside the Venue without the prior written permission of The Florence Institute;
- Sell goods of any kind during the Event without the prior written consent of The Florence Institute; or
- Smoke tobacco anywhere inside the Premises. A smoking area is provided outside.
7.2 The Florence Institute may, in its sole discretion refuse to allow to be brought onto the Premises any item to be considered dangerous or offensive.
7.3 If any additional equipment such as staging, lighting or similar is supplied and used by the Hirer for the Event, such equipment may only be used in such a way which does not require any destructive fixing to the structure of the Venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.
7.4 The Hirer shall bear the costs of making good any damage to the Venue caused as a result of the Event including, but not limited to, any damage done as a result of violation clause 7.3.
8. GOOD ORDER, NUISANCE AND SAFETY OF CHILDREN
8.1 The Hirer shall be required to keep all guests under a reasonable level of control. This obligation shall extend to noise levels, general behaviour and sobriety. This obligation shall also apply to other individuals such as performers hired by the Hirer that are not under the control or the responsibility of The Florence Institute.
8.2 Noise must be kept to a reasonable level at all times. The Hirer must reduce any noise generated in connection with the Event if instructed to do so by the Venue Hire Team.
8.3 The Hirer and their guests must consider The Florence Institutes neighbours when using and vacating the hired facilities, the Hirer must give every consideration to the residents living nearby and members of the public, with noise being kept to a minimum.
8.4 Antisocial behaviour us not acceptable. Failure to control noise levels may result in early termination of the Hire Period and retention of the full Hire Fees and Deposit.
8.5. Safety of children. It is the responsibility of the parent or guardian of any child brought into The Florence Institute to ensure that they are correctly supervised at all times. Any child found misbehaving or acting in a disorderly fashion will be taken to his/her parent/guardian for controlled supervision. If the child continues to misbehave and cannot be controlled by the parent/guardian then both parties will be asked to leave.
8.6. Any child found vandalising or damaging The Florence Institute premises will be asked to leave (with attendant parent/adult).
8.7. The Hirer shall comply in all legal requirements and regulations on safeguarding, vetting and checking of persons working or booked to work with children where the Hirer makes arrangements for entertainers, service providers, supervisors, stewards or other Agents to attend and work where children are present.
9. RIGHT OF ENTRY
9.1 The rights granted to the Hirer under the Agreement shall not operate or be deemed to operate as a demise of the Premises or any part thereof and do not create a relationship of landlord and tenant. The Hirer shall not have or be entitled to any right, estate or title in the Premises save for any expressly given in the Agreement.
9.2 The Premises shall at all times remain in control and possession of The Florence Institute, who reserves the right of entry by its staff, contractors or other designated persons to the Premises at all times.
9.3 The Florence Institute reserves the right to refuse admission to or to evict any person from the Premises in its absolute discretion.
10. FIRE, HEALTH & SAFETY
10.1 Any and all electrical equipment to be used by the Hirer during the Event must be fully PAT Tested. All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.
10.2 The Florence Institute shall have the right to inspect electrical equipment at any time during the Hire Term for compliance with clause 10.1 and shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Venue.
10.3 The Hirer shall ensure that any and all electrical equipment to be used during the Event shall be safe, in good working order, used in a safe manner and have been tested in accordance with current safety testing requirements.
10.4 The Hirer shall be made aware of all fire exits and fire equipment prior to the start of the Hire Term. All fire exits and access thereto must remain completely unobstructed. All signs for fire- exits and equipment must remain as prominent and visible as they are when the Venue is unoccupied. Fire equipment must not be moved from its present location unless being used for its intended purpose.
10.5 The maximum capacity of the Venue at any one time is set out in the Booking Form. The Hirer shall ensure that such capacity of the Venue is not exceeded during the Hire Term.
10.6 The Florence Institute shall have the right to inspect the Venue at any time during the Hire Term and shall request the removal of any number of persons in excess of the Venue’s maximum capacity.
10.7 The Hirer agrees to be bound by all regulations of The Florence Institute in relation to the Event, issued in writing to the Hirer before the Event relating to access, use as building facilities such as washrooms, waste and anything else pertinent to the management of the Premises.
11. ACCESS TO THE VENUE
11.1 The Hirer shall be provided with a plan of the Venue showing access points. The loading and unloading point is located at the back of The Florrie (on-site car park).
11.2 Access for loading and unloading will be confirmed by the Events Team subject to notification. Access outside of the specified hours shall be by prior arrangement only and at The Florence Institute’s sole discretion.
11.3 Limited parking facilities are available for guests in The Florrie car park, subject to availability and on a first come, first served basis.
12. RECORDING & BROADCASTING
12.1 No recording of sound or video shall be permitted for commercial reasons during the Event without the prior written consent of The Florence Institute, such consent not to be unreasonably withheld.
12.2 No broadcasting of any kind may take place during the Event without the prior written consent of The Florence Institute, such consent not to be unreasonably withheld. This includes, but is not limited to, radio broadcasting, television broadcasting by any means and internet streaming. Textual updates including blogging are not prohibited.
12.3 The prohibition in clause 12.1 does not apply to video shot by a professional in their normal course of business if their services have been procured by the Hirer.
13.1 The Hirer may show films during the Event provided any such shows are given in accordance with the provisions of the Cinemas Act 1985. Under that Act, the Hirer must provide at least 7 days written notice to The Florence Institute of its intention to show a film.
13.2 Where a projector is to be used for showing the film a clear area of at least 1 meter must be left around the projector. Only authorised personnel shall be permitted within that perimeter during the opening hours of the Event.
14.1 The Florence Institute holds a joint Performing Rights Society and Phonographic Performance Limited licence permitting the performance and broadcast of copyright music, covering the Venue for various types of events.
15.1 The Hirer is required to purchase The Florene Institutes Catering Services only. It is entirely at The Florence Institutes discretion to allow any 3rd party Catering Companies.
15.2 If The Florence Institute chooses to allow the Hirer to use a 3rd party Catering Service it shall be invoiced separately under a separate agreement for all catering services rendered. The cost of catering will not form part of the Hire Fees as set out in Clause 5.
15.3 If a 3rd party catering service is allowed, The Florence Institute shall have the right to inspect any food brought to the Venue. Further to this right The Florence Institute may audit the caterer for food safety and hygiene. Any such inspections and audits shall be carried out at the exclusive discretion of The Florence Institute.
15.4 If the Hirer chooses to supply their own non-professional catering, no hot food is permitted, and a £500.00 security deposit will be payable in accordance with the Payment Schedule.
15.5 The security deposit, less the costs of any damages incurred during the Event will be returned to the Hirer within 30 days from the date of the Event. If damages amount to more than the security deposit, the Hirer will be invoiced for the remaining balance.
15.6. The Florence Institute will not be responsible or liable for any loss or damage, including any loss or damage in connection with food-related illnesses, arising in relation to or as a result of any catering arranged or carried out by the Hirer sat the Event.
16. LICENSING & ALCOHOL
16.1 The Florence Institute provides a licensed bar and associated staff at the Venue. If the Hirer requires use of the bar it shall provide at least 30 days written notice of its intention to use it.
16.2 If the Hirer does not use the bar services provided by the Venue, alcohol is NOT permitted at the Event or on the Premises. The Venue reserves the right to cancel any Event with immediate effect and/or evict any person from the Premises in its absolute discretion if alcohol is present.
17. END OF THE HIRE TERM
17.1 Unless otherwise agreed the Hirer shall be required to vacate the Venue at the end of the Hire Term.
17.2 Where the nature of the Event necessitates additional time to remove any of the Hirer’s property an alternative leaving time shall be agreed at the time of Booking.
17.3 At the end of the Hire Term the Hirer must ensure that the Venue is left clean and in good order.
18.1 The Florence Institute has in place insurance cover for the Venue and all other property of The Florence Institute which is in the Venue either permanently or only for the duration of the Hire Term. The Florence Institute’s insurance shall not cover the Hirer’s property nor that of any third parties.
18.2 If applicable, the Hirer shall be required to take out and maintain public liability insurance policy for the Event, at no cost to The Florence Institute.
18.3 The Hirer shall produce evidence to The Florence Institute of any and all insurance required under clause 18.2 on demand.
19. LIABILITY & INDEMNITY
19.1. The Florence Institute will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
19.2 The Hirer shall indemnify The Florence Institute, its officers, employees, contractors and agents against any loss or liability which The Florence Institute incurs as a result of any act or omission by the Hirer or any Event attendee or guest including, without limitation, any loss or liability in respect of any damage to property resulting from the negligence or breach of statutory duty by the Hirer or any Event attendee or guest and, any consequential loss of revenue and any costs associated with cancelling and/or rescheduling subsequent events due to damage to property resulting from the negligence or breach of statutory duty by the Hirer or any Event attendee or guest.
19.3. Nothing in these Terms and Conditions restricts The Florence Institute’s liability for death or personal injury arising out of any act or omission of The Florence Institute.
20. DATA PROTECTION
20.1 The Florence Institute will not share the Hirer’s personal data with any third parties for any reasons without the prior consent of the Hirer. Such data will only be collected, processed and held in accordance with The Florence Institute’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
21. FORCE MAJEURE
21.1 The Florence Institute shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond its the reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of The Florence Institute (Force Majeure Event).
21.2 The Florence Institute shall not be liable to the Hirer as a result of any delay or failure to perform its obligations under the Agreement as a result of a Force Majeure Event.
22.1 In the event of COVID-19 related issues or restrictions, due to which either party is unable to complete on contractually, the event date will be postponed and allocated with a new date. Neither party will be in breach of its obligations, they will simply transfer to the new date.
23. CONTACT DETAILS
23.1 All communications with The Florence Institute should be made via the Events Team, whose contact details are:
Address: Laurence Fenlon
Business & Events Manager
The Florence Institute
377 Mill Street
Telephone: 0151 728 2323
23.2 The contact details of the Hirer are as set out in the booking form.
24.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing and shall be:
- Sent by email to the contact person and address specified in clause 22.
24.2 Any notice or communication shall be deemed to have been received
- When sent by email.
25.1 The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
25.2 The Hirer acknowledges that, in entering into the Agreement it has not relied on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
25.3 No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
25.4 No failure by The Florence Institute or the Hirer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
25.5 In the event that any provision(s) of the Agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the Agreement. The remainder of the Agreement shall be valid and enforceable.
25.6 The Hirer may not assign, transfer or sub-contract their obligations and rights under the Agreement without The Florence Institute’s express written permission.
25.7 The Agreement may be signed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement.
25.8 The 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 Wales.
25.9 The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)