The Shed and The Factory Hire Conditions

These T&Cs set out the terms and conditions on which the Council permit the hire of The Shed and/or The Factory at Wakefield Exchange (“WX”).

1. Definitions

In these T&Cs, the following definitions apply: 

Booking Confirmation: the email sent by the Council to the Customer confirming the hire of the Facilities, setting out the details, and requesting payment of the Deposit.

Charges: the charges payable by the Customer for the hire of the Facilities, as set out in the Booking Confirmation.

Customer: the person named in the Booking Confirmation.

Deposit: the deposit to secure the hire of the Facilities, comprising 25% of the Charges.

Hire Period: the period of time agreed for the hire of the Facilities as set out in the Booking Confirmation, to include any period of time to set up and clear the Facilities.

Facilities: The Shed and/or The Factory at WX to be hired by the Customer, as set out in the Booking Confirmation.

Premises Licence the premises licence with licence number PL1458 allowing licensable activities to be carried out at WX and available online here.

2. Booking Confirmation

2.1 Should a person wish to hire the Facilities, they should complete and submit the online enquiry form available at www.wxwakefield.co.uk.

2.2 The person who completes and submits the enquirywarrants that they are over 18 years of age and, where the enquiry is being made on behalf of another person (including a corporate or unincorporated body), does so on the basis that they are authorised to do so. Where the Customer is an unincorporated body without distinct legal personality of its own, the Customer’s trustees or equivalent shall be jointly and severally liable for the Customer's compliance with these T&Cs.

2.3 Receipt by the Council of the enquiry constitutes an offer to the Council to hire Facilities on these T&Cs. If, following enquiry, the Council has availability to accommodate the hire, the Council shall liaise with the Customer to confirm details of the proposed event or function (“Event”). All enquiries are subject to acceptance by the Council, and until the Council confirms the hire by sending Booking Confirmation to the Customer and the Customer makes payment of the Deposit in accordance with Condition 2.4, the hire is provisional.

2.4 Upon receipt of an invoice from the Council, the Customer shall make payment of the Deposit within 30 days to secure the hire of the Facilities. If payment is not made in accordance with this Condition 2.4, the Council may release the hire.

2.5 The Council Supplier shall issue a second invoice for the Charges (less the Deposit), which shall be payable by the Customer no less than 30 days before the start of the Hire Period.

3. Licence and use of the Facilities

3.1    Subject to Condition 5, the Council grants the Customer a right for the Hire Period to enter and use the Facilities for the Event set out in the Booking Confirmation in accordance with these T&Cs. The Customer acknowledges that: 

(a)    the Customer shall have the right to enter and use the Facilities as a licensee only and no relationship of a landlord and tenant is created between the Council and Customer by these T&Cs; and

(b)    the Council retains control, possession and management of the Facilities and the Customer has no right to exclude the Council from the Facilities. The Council may enter the Facilities at all times during the Hire Period. 

3.2    The Customer agrees and undertakes:
(a)    not to use the Facilities other than for the Event;

(b)    not to do or permit to be done anything at the Facilities which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Council or to any other customers of the Council, or any owner or occupier of neighbouring property;

(c)    to comply with these T&Cs and any instructions provided by the Council (including in relation to the Council’s policies and procedures applying at the Facilities);

(d)    to comply with the Premises Licence during the Hire Period as if the Customer was the Council, and ensure that it does not breach nor put the Council in breach of the Premises Licence;

(e)    to permit the Council to search all containers, bags, boxes and equipment coming into or leaving the Facilities, including those brought into the Facilities by attendees of the Event during the Hire Period;

(f)    not to cause or permit to be caused any damage to the Facilities, including any furnishings, equipment or fixtures at the Facilities;

(g)    not to use the services of third-party audio visual technician without the Council’s permission;

(h)    not to use any third-party caterers or bring (or permit attendees to bring) any food or drink (including alcoholic drinks) into the Facilities without the Council’s permission;

(i)    not to smoke or permit smoking (including e-cigarettes) anywhere in the Facilities;

(j)    not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Facilities;

(k)    not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Facilities without the Council’s permission; 

(l)    not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Facilities, or install or use additional heating, power, cabling or other electronic fittings or appliances without the Council’s permission; 

(m)    to use any equipment provided by the Council, as set out in the Booking Confirmation, for its proper purpose and in accordance with any instructions provided by the Council regarding its use;

(n)    to leave the Facilities in a clean and tidy condition and to remove the Customer's decorations, displays and any other Customer equipment from the Facilities at the end of the Hire Period; 

(o)    to ensure that the number of attendees of the Event does not exceed the number of attendees set out in the Booking Confirmation; and

(p)    not to bring or permit to be brought any animal into the Facilities without the Council’s permission, except for assistance dogs within the meaning of the Equality Act 2010. 

3.3    Where the Premises License requires door supervisors on duty during the Event set out in the Booking Confirmation, these shall be procured by the Council at the Customer’s cost and expense.

3.4    The Customer shall ensure that attendees of the Event behave in a responsible and safe manner at the Facilities, and the Council may remove or request that the Customer remove attendees that do not do so from the Facilities. 

3.5    The Customer shall inspect the Facilities at the beginning of the Hire Period and shall immediately bring any complaint in respect of the condition of the Facilities the to the Council’s attention. 

3.6    The Customer shall notify the Council immediately on becoming aware of any damage caused to the Facilities by the Customer, including any furnishings, equipment or fixtures at the Facilities. The Customer shall be responsible for making good any damage caused to the Facilities by the Customer at its own cost and expense and shall indemnify the Council against all losses suffered or incurred by the Council arising out of or in connection with any such damage caused.

4. Liability

4.1    Nothing in these T&Cs limits any liability for:

(a)    death or personal injury caused by negligence;

(b)    fraud or fraudulent misrepresentation; or

(c)    any liability that cannot legally be limited.

4.2    Subject to Condition 4.1, the Council shall not be liable for:

(a)    the death of, or personal injury to, the Customer or attendees of the Event; or

(b)    damage or theft of any property of the Customer or attendees, except to the extent that such damage or theft arises from the negligence of the Council.

4.3    Subject to Condition 4.1 and Condition 4.2, the Council’s total liability under or in connection with these T&Cs, whether arising in contract, tort (including negligence) or otherwise, shall not exceed 100% of the Charges paid to the Council under these T&Cs. The Council shall not be liable for loss of profit or indirect or consequential loss. 

4.4    The Customer shall carry out a risk assessment and obtain insurance cover in respect of all risks which may be incurred by the Customer, arising out of the Event set out in the Booking Confirmation.

5. Cancellation

5.1    The Council may cancel the hire at any time by giving written notice to the Customer if the Customer materially breaches these T&Cs including, without limitation, breaching or putting the Council in breach of the Premises Licence.

5.2    Either party may cancel the booking at any time by giving written notice to the other.

5.3    If the booking is cancelled: 

(a)    by the Council under Condition 5.1; or 
(b)    by the Customer under Condition 5.2,

then, subject to Condition 5.4, the Council may charge a fee (“Cancellation Fee”). The Cancellation Fee shall be: 

5.4    Where the Customer’s reasons for cancelling the hire at the Facilities under cause 5.2 result from events, circumstances or causes beyond its reasonable control (“Force Majeure Event”), then the Council will not charge a Cancellation Fee. Neither party shall be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from a Force Majeure Event. 

6. General

6.1    Both parties will comply with all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR (which has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018 (“DPA 2018”)), the DPA 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.

6.2    The hire of the Facilities is personal to the Customer and non-transferable without the Council's permission.

6.3    The Booking Confirmation and these T&Cs constitute the entire agreement in respect of the hire of the Facilities between the parties and neither party relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not otherwise set out in therein. 

6.4    Any change to these T&Cs shall only be effective in respect of future hires, unless the parties agree otherwise in writing. 

6.5    A waiver of any right or remedy is only effective if given in writing and a delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the future exercise of that or any other right or remedy. 

6.6    If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity, legality and enforceability of the rest of these T&Cs. If any part-provision of these T&Cs is deemed deleted, the parties shall negotiate in good faith to agree a replacement that, to the extent possible, achieves the intended commercial result of the original provision. 

6.7    Any notice given to a party under or in connection with these T&Cs shall be in writing and shall be sent by email to hello@wxwakefield.co.uk, if being sent to the Council, or to the Customer’s email address set out in the Booking Confirmation, if being sent to the Customer. Any notice shall be deemed to have been received at the time of transmission, or, if this time falls outside the Council’s normal working hours, when the same resume. 

6.8    These T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

6.9    The hire of the Facilities shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the hire.