In these terms and conditions, the following words shall have the following meanings:
- “the Company” means Guildford Sportsground Management Company Ltd
- “the Customer” means the person, firm or company which engages the Company to hold the Event and provide the services at the venue.
- “Charges” means the amounts payable by the Customer for the hire of a room or rooms, packages, consumables and Audio Visual/Media services as set out in the Contract between the Customer and the Company
- "the Contract" means the contract formed by the receipt by the Company of the Contract returned by the Customer which contract shall be subject to these terms and conditions.
- “Consumables” means the food and drink (including alcoholic drinks) to be supplied at the event.
- “the Event” means the dinner, lunch, function, conference, meeting or other specified occasion, the date and time of which has been agreed by the parties.
- "the Hire Period" means the date(s) and times specified on the Booking Form
- “the Venue” means The Guildford Pavilion
- “the Package” means the combined services supplied by the Company to the Customer
- “the Caterer” means the caterer from the Preferred Caterer List chosen by the Customer unless otherwise agreed with the Company
- “the Deposit” means 50% of the estimated value of the total booking costs to be paid to confirm the booking
1. Venue Hire
- Any rooms or areas of the Venue made available to the Customer are by agreement with the Company and are subject to payment by the Customer of the separate Room Hire Charge or Package as outlined in the Contract. The Venue is not hired exclusively unless specifically stated on the Contract. For earlier and later access an hourly rate will apply and must be pre-booked and outlined in the Contract. Where events overrun the Venue reserves the right to make an additional charge of £100 + VAT per hour or part thereof.
- Applications for venue hire will be accepted only if the nature of the function is considered appropriate. The Company reserves the right to refuse a booking.
- The Customer will ensure that the Event will not be conducted and that its guests will not behave in a way which will or may constitute a breach of the law or cause a nuisance.
- The Company reserves the right to exclude or eject any persons from the Event, whom it reasonably considers to be objectionable (including any person engaged by the Customer to provide entertainment or perform any other duties at the Event). The Customer will be liable for any liability arising thereby and shall indemnify the Company accordingly.
- At the end of the Hire Period the Customer shall remove from the venue anything which the Customer has brought into the venue for the purposes of or in connection with the Event and shall ensure that all rooms used are clean, undamaged and free from rubbish. All decorations must be approved by the venue prior to being put up, any damage will be charged. No foil confetti or glitter is allowed at the venue.
- If, in the opinion of The Company, the Customer has failed to comply with clause 1e above, the Company may, in place of the Customer but at the Customer’s expense, do all that is necessary to comply with that clause and without limitation, carry out any cleaning (this cleaning shall be subject to a minimum charge of £250 plus VAT). Clearance from the Venue of, including but not limited to, vomit, confetti, glitter and party string will always incur such minimum charge.
- The Company holds a liquor licence which is valid until 23:00 on weeknights and midnight at weekends. All guests must depart the Venue within 30 minutes of the bar closing. Where the bar is opened for events, it is fully staffed by the Venue. No drinks other than those served by the Venue are permitted on the premises. The venue is not licenced to sell alcohol to take off the premises.
- All live and recorded music must cease at 23.00 on weeknights and 23.45 at weekends. The Company reserves the right to turn down or cancel the entertainment, if, in the opinion of the Company, the Event is too loud and/or causing disturbance to local residents.
- For 18th and 21st birthday parties, proms and events where the majority of guests are between 16 and 21 years of age, the Company has the right to insist on additional security (SIA trained) door staff at the cost of the hirer.
- The Company reserves the right to withdraw the use of the event spaces if, in the opinion of The Company, the Customer has misrepresented the purpose of the booking. The Customer may not sub-let or further offer for hire any part of the Venue.
- Lost property – any belongings left on site without prior arrangement for storage, will be logged and stored for 4 weeks, at which point it will be donated to charity or destroyed if there has been no contact from the Customer.
- The Venue has secure storage available by prior arrangement only. This is available for drop off and pick up of belongings, gifts, handouts and decorations. No liability will be taken for these items whilst they are stored at the Venue.
- Venue hire includes free onsite parking, subject to availability, in the gated car park. The car park has 27 spaces with an additional 2 accessible parking spaces. From April – September an overflow car park may be made available subject to prior agreement. The car park will be locked when the venue closes (5pm to 00.30 latest or earlier dependant on event finish time) and guests have departed the venue. Any car left in the car park after this time will be at the owners’ risk and will be inaccessible until a staff member is next on site. Access to pick up any car left on the property must be by prior arrangement.
- At the time of booking the Customer is to provide details of the guaranteed minimum number of persons attending the Event and the Contract will be based on these guaranteed minimum numbers.
- The Customer must confirm the final numbers attending not less than 14 days prior to the Event. Charges will be based on that number or the number actually attending, if greater than the guaranteed minimum numbers. If lower numbers attend than the guaranteed minimum number the charge to the Customer will be based on the guaranteed minimum number.
- The Customer shall ensure that those attending the Event are ready to be served their food at the time agreed and that meals are completed within any pre-agreed time period.
- The Maximum Capacity of each room at the Venue is available on request. In order to comply with fire regulations, under no circumstances may the Maximum Capacity for any room be exceeded.
- The Customer is required, when requested, to provide the Company with a full guest list and details of all personnel being provided by any third-party supplier in connection with the Event not less than 5 working days prior to the Event, in surname alphabetical order, for security purposes. The Customer shall ensure that all such persons have consented to their names being provided to the Company.
- The Customer will ensure that the Event will not be conducted, and that its guests and third-party service providers will not behave, in a way which will or may constitute a breach of the law, or cause a nuisance, or be an infringement of any premises license held at the Venue. The Customer shall ensure that no person under the age of 18 is supplied with alcohol at the Event and the Customer accepts that staff at the Venue shall be entitled to demand evidence of age documentation from any person who appears to them to be under the age of 18. The Venue operates a Challenge 25 policy.
- The Company reserves the right to exclude or eject any persons from the Event if it appears to the Company that any such person may be engaging in any undesirable activities that are deemed to be contrary to the best interests of the Company. This includes persons who are intoxicated and causing a nuisance to others or who are taking, dealing, or associating themselves, with any illegal substances. The Customer will be liable for any liability arising thereby and shall indemnify the Company accordingly save where the Customer establishes negligence or bad faith by the Company.
- The Customer shall take full responsibility for its guests and third-party suppliers in ensuring that no one shall use any other part of the Venue save the areas that have been booked (other than for gaining access to and from the areas booked by the Customer).
- For reasons of Health & Safety, animals are not permitted in the Venue, with the exception of registered guide dogs, without prior consent from the Company and without the required documents completed and returned to the Company 5 working days prior to the event.
- It is the responsibility of the Customer to ensure that all guests and third-party suppliers comply with these terms and conditions.
- All Packages offered by the venue include catering by third party caterers, and the cost of catering and the booking of the Caterer will be undertaken by the Venue unless otherwise stated on the Contract.
- All drinks, both non-alcoholic and alcoholic, for all events will be provided by the Venue. No drink of any kind may be brought into the Venue by the Customer or its guests without the prior written consent of the Company. In exceptional circumstances the Venue may allow Customers to consume their own beverages. This must be pre-agreed and be part of the Contract of the booking. In these circumstances a corkage charge will apply.
- The Guildford Pavilion is a cashless venue and therefore the Venue operates a contactless bar. All event organisers should advise their guests of the contactless operation.
- For all bookings that do not include a Package with catering, a list of preferred caterers will be supplied to the Customer for their own choice of Caterer from that list. In these circumstances the Customer will book the Caterer directly and will contract and receive an invoice from the Caterer for signature and payment directly.
- In exceptional circumstances a caterer that is not on the preferred caterer list will be allowed to cater at the Venue. This caterer must visit the Venue to understand the Company procedures and must be pre approved prior to contract stage. The caterer will have to provide a copy of their Public Liability Insurance, Safer Food Handling Certificates, and Risk Assessments for Venue events prior to be allowed on site to cater. At events temperature records of the food provided will need to be supplied. In addition, the caterer must pay to the Company a 10% fee of the total final Customer invoice.
- All pre ordered beverages are non-refundable. Any additional beverages over and above the pre ordered amount are sold on a sale or return basis and the Company reserves the right to charge for all opened bottles, notwithstanding the fact that they have not been consumed.
- When beverages are charged on a consumption basis, the Customer shall check the opening and closing of stocks of beverages in the presence of the Venue’s representative(s). In the event of a Customer refusing or delaying to do so, the figures recorded by the Venue will be conclusive. It is the Customer’s responsibility to notify the Venue of its authorised representative(s) for the Event and to ensure that all orders of Consumables are signed for by the authorised representative of the Customer. No adjustments will be made after the event.
- All Consumables offered are subject to availability. Where Consumables are not available, reasonable endeavours will be made to offer the closest available substitute.
- No unconsumed Consumables, provided by the company, may be taken from the Venue following any Event irrespective of whether the Customer is liable to pay any charges for such Consumables.
- Charges will be those quoted by the Company at the time of booking (subject to any adjustment in accordance with these Terms and Conditions).
- The Venue reserves the right to make additional charges for Events commencing before or running on beyond the times stated in clause 1a and for additional cleaning required after an event as stated in clause 1f.
- All charges are subject to Value Added Tax at the current rate.
- All payments are required in pounds Sterling.
- Please make cheques payable to “Guildford Sportsground Management Company Ltd” or transfer monies to the following account:
Account name: Guildford Sportsground Management Company Ltd
Account number: 34027868
Sort Code: 40-22-26
Please use the invoice number given on the issued invoice as reference for payment
- Account bars, on consumption drinks and all extras added on the day of the event are to be settled at the end of the event by credit card unless a prior credit arrangement for post event payment has been agreed in writing. Where such an agreement exists, an invoice will be raised and the account is to be settled within 7 days of the invoice date.
- The Company requires a partially non-refundable deposit payable at the time of the Customer's booking, such deposit being equal to 50% of the total contracted cost for the Event (the “Deposit"). This deposit to confirm the booking must be received with the signed contract and within 14 days of the contract being issued. The final invoice for the balance of the total contracted cost will be raised 14 days in advance of the event and shall be payable no later than 1 week prior to the start of the Hire Period. The Company will consider the booking confirmed upon return of the signed Terms and Conditions with the signed contract with the 50% Deposit.
- Where the start of the Hire Period is less than 30 days from the date of the Customer's booking the full amount of the total estimated cost for the Event shall be payable at the time of booking.
- All queries relating to amounts invoiced must be notified in writing to the Company within 7 days of the date of receipt of the Event invoice failing which the Customer shall be deemed to have accepted that the charges on such invoice are due and owing.
- If the Customer fails to make payment of any charges on the due date then, without prejudice to any other rights or remedy available to the Company, the Company shall without liability to the Customer, be entitled to cancel the Event and any orders for future Events from the Customer and charge the Customer for any charges outstanding and the cost of recovery thereof.
5. Use of Contractors
- Should the Customer wish to hire an external AV company, performing band, live act or other form of entertainment for the Event, the Customer shall:
- Obtain the Company’s prior written permission to such entertainment and the contractor and equipment to be used
- Only hire a performing band, live act or other entertainment that has public liability insurance to the minimum value of £1 million to cover any death or injury to any of the Company’s employees or any third-party and/or any loss or damage to the Company’s or any third party’s property resulting from the performers’ acts or omissions and/or any malfunction of their equipment; and
- Indemnify the Company for any claims brought against the Company by its staff and/or any third party for breach of contract, negligence or other tortious liability as a result of the performing band’s, live act’s or other entertainer’s acts or omissions or performance including, without limitation, any claims in an Employment Tribunal.
- Ensure that all required documentation, which shall be requested by the Company, is completed and produced at least 5 working days prior to the commencement of the event.
6. In-House AV services
- Any Venue equipment hired to the Customer will be operated during the Event by staff employed by except as provided in paragraph 6.2.
- With the written approval of the Company, equipment hired for use from the Company may be operated during the Event by the Customer or his/her authorised agent.
- The Customer agrees to make good any damage or loss to equipment which is operated in accordance with paragraph 6.2. by the Customer or his/her authorised agent.
- The Company agrees to use reasonable endeavours to find a suitable replacement for any equipment hired to the Customer which is found to be defective. The Company reserves the right to substitute alternative equipment and/or services where original equipment and/or services are unobtainable or are not able to be used.
7. Cancellation by the Company
- The Company reserves the right to cancel an Event and the provision of the Consumables without liability to the Customer if:-
- the Venue or part of the Venue has to be closed for reasons beyond the Company’s reasonable control and/or the Venue is required for the staging of a sporting, cultural, or other event which shall be open to the general public, which event was not known by the Company to be staged at the Venue at the time of the Customer's booking and the staging of which event shall take precedence over the Event. In such circumstances the Company shall notify the Customer as soon as reasonably possible to facilitate the Customer in making alternative arrangements. Where the Event is cancelled by the Company due to the staging of a sporting, cultural or other event at the Venue the Company shall return to the Customer the Deposit paid by the Customer. Where the Event is cancelled by the Company due to reasons beyond the Company's reasonable control the Company shall return all monies paid by the customer in relation to the event, less any costs directly associated with the event that the Company has committed to pay out, after such instances that the Company has used reasonable endeavours to reduce said costs;.
- the Customer is in arrears with any payment due to the Company; without prejudice to clause 7.1.2 above, the Customer is in breach of any of these terms and conditions (whether or not amounting to a material or repudiatory breach) and, where such breach is remediable, fails to rectify such breach within 7 days (or such shorter period as may reasonably be stipulated by the Company) of request so to do by the Company; or
- the Customer becomes (or the Company has reasonable grounds to believe that the Customer will become) insolvent or enters into liquidation or receivership or is subject to any similar process or is unable to pay its debts or (being an individual) is adjudicated bankrupt or dies.
- If the Company cancels the event for those reasons listed in Clause 7.1, save for in respect of Clause 7.1.1, the customer will be liable to pay to the Company all of the Customer’s outstanding unpaid invoices in respect of goods or services contracted, and, where no invoice has been submitted, the Company will submit an invoice, which will be payable by the Customer within 14 days of the date of the invoice.
8. Cancellation by the Customer
- The Customer shall be entitled to cancel a booking by written notice to the Company but subject always to the provisions of this clause 8. A confirmed booking shall only be treated as having been canceled when the Company receives written notification of the cancellation.
- The below cancellation fees will apply and all fees to be paid to the Company:
|Period to the Commencement of the Event||Cancellation fee charged|
|Confirmation of Event to 6 months||25% of the total contracted amount|
|6 months to 21 full days||50% of the total contracted amount|
|20 days or less||100% of the total contracted amount|
In this clause, “Confidential Information” means any information of a confidential nature obtained under this Agreement, or relating to this Agreement, including information of any kind relating to another party’s business activities, practices, finances, strategic plans, ideas, designs and innovations, including any “personal data” of which the other party is the “Data Controller”, but not including information:
- in the public domain (otherwise than by breach of this Agreement);
- in the lawful possession of the receiving party before the date of this Agreement (other than through liaison between the parties before and in anticipation of this Agreement);
- obtained from a third party free to divulge it;
- required to be disclosed by a court or other competent authority; or
- Properly disclosed on a confidential basis to staff, agents, or professional advisers of the respective parties, for the purposes of this Agreement.
- No Confidential information shall be released into the public domain without prior consent from either party.
- In respect to clause 9.6 the customer agrees for imagery of the event, of individuals in attendance and the company name, to be used on Social media and on the Company’s marketing material unless other stated by the customer.
- The Company shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Event if such delay or failure is due to any cause beyond the Company’s reasonable control (including, without limitation, regulations, bye-laws, prohibitions of any kind on the part of any governmental or local authority, strikes, or other industrial or trade disputes, accidents due to natural causes, national or local disasters, flood, fire, accident, sabotage, insurrection, civil disturbance, war, acts of terrorism or the threat of war or terrorism or any event causing the whole or part of the Venue to be closed to the public).
- The Company does not accept liability for loss or damage to any object, equipment, furniture, stock or other property of any sort brought onto the Venue by the Customer or hired by the Company on the Customer's behalf howsoever such loss or damage may occur unless as a direct result of the Company's negligence. All such property will remain under the care and control of the Customer and is entirely at the Customer’s own risk.
- The costs of repairing any damage caused to the property, contents or grounds of the Venue by the Customer or any of its guests/delegates, representatives or third-party suppliers (whether caused during set up of the Event, the period of operation of the Event or during any break-down of the Event) must be reimbursed to the Company by the Customer and the Customer shall indemnify and keep indemnified the Company accordingly.
- The Company shall have no liability to the Customer for any loss of profit, loss of business, contract, goodwill or reputation (in each case whether such loss is direct or indirect) or for any consequential or indirect loss to the Customer arising out of or in connection with the Event pursuant to the Contract. Except in respect of death or personal injury resulting from negligence of the Company, its servants or agents, the total aggregate liability of the Company for any loss of the Customer arising out of or in connection with the Event shall not exceed the charges payable by the Customer to the Company pursuant to the Contract.
- The Customer shall be liable for any loss, damage, personal injury or death arising out of or in connection with the Event, except to the extent that any of the same is caused by the negligence of the Company, its servants or agents and the Customer shall indemnify the Company against any claim brought against the Company in relation to any such matters.
- All vehicles are parked at the Venue at their owners’ own risk and the Company can accept no responsibility in respect of loss or damage to vehicles (except to the extent that any loss or damage to the same is caused directly by the negligence of the Company).
- The Customer shall be responsible for the entire risk of damage to or loss at the Venue or any part thereof except to the extent that any of the same is caused by the negligence of the Company. It is recommended that the Customer take out before the Event and maintain during the Hire Period comprehensive insurance (including, without limitation, in respect of public liability with an amount per claim of not less than £5 million) with respect to its liabilities under these terms and conditions.
- The Customer will not use the name of any sponsor of the Venue or any part of the Venue in any of its advertising or publicity for the Event without the prior written approval of the Company.
- No variation to these terms and conditions shall be effective unless agreed in writing and signed on behalf of the Company and the Customer.
- Any notices to be given under these conditions must be given in writing and delivered personally or sent by pre-paid recorded delivery or registered post or by email to the addresses of the parties stated on the front page of these terms and conditions.
- All quotations issued by the Company and all bookings for any Event are subject to these terms and conditions which shall prevail over any conditions offered by the Customer or subject to which the Customer purports to make any booking for an Event.
- The Customer may not assign, transfer or sub-contract its rights and/or obligations under the Contract without the prior written consent of the Company.
- If the term “the Customer” includes more than one person those persons shall be jointly and severally liable under the Contract.
- In the event of a complaint, please raise any concerns with the Event Manager on the day of the event so that they may be rectified at the time of the Event. If you wish to complain following the Event, please do so in writing within 7 days of the event. All correspondence must be addressed to: The General Manager, Guildford Sportsground Management Company Ltd, The Guildford Pavilion, The Sports Ground, Woodbridge Road, Guildford, GU1 4RP.
- These terms and conditions shall be governed and construed in accordance with English Law and each party agrees to submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising.
13. Notifiable Diseases
- If the Company are unable to fulfill their obligations in relation to the Event laid out in this contract due to prohibitions of any kind on the part of any governmental or local authority in relation to notifiable diseases (including but not limited to COVID-19) then the company will make every endeavour to move the event to a suitable alternative date subject to availability. This will be agreed by contract variation that will not affect Clauses 7 and 8 of this contract.
- In relation to clause 10.1 in the event that a suitable alternative date cannot be found the Company shall return all monies paid by the customer in relation to the event, less any costs directly associated with the event that the Company has committed to pay out, after such instances that the Company has used reasonable endeavors to reduce said costs.
- If the customer does not feel that their event will be able to proceed on the given date due to the effects of a notifiable disease (including but not limited to COVID-19), once the company has been notified of this then the company will make every endeavor to move the event to a suitable alternative date, subject to availability, and at the discretion of the Company. This will be agreed by contract variation that will not affect Clauses 7 and 8 of this contract.
- Everyone attending the Event has a duty to other attendees and Company staff and contractors and it is the Customer’s responsibility to ensure that the Customer and, as applicable, its guests, do not attend the Event with any COVID-19 symptoms as published by the government from time to time;
Final Payment is due 14 days prior to the event. The final number of delegates must be confirmed 14 days prior to the event. Guaranteed minimum numbers apply as per stated in the Contract. Please note that we cannot guarantee to accommodate any changes that are made within 7 working days prior to the event. There may also be a charge associated with any changes that are made.
Last Amended: 11/01/2023