Introduction
1.1 In order to avoid any misunderstandings regarding bookings, the following are our Terms & Conditions to which all bookings are subject.
1.2 In these Terms & Conditions, the expression “the Company” means The Circle Brighton, and the expression “the Client” means the person, firm or company booking the Company.
Booking Confirmation
2.1 Any booking is provisional until the Company receives written or verbal confirmation of the booking, along with a deposit towards the hire fee, an amount which will be determined by the Company.
2.2 Should the Client require any other equipment (e.g. stereos, chairs, tables) this must be agreed at the time of booking. After this point we cannot guarantee availability of equipment.
2.3 Agreed bar opening hours for this booking are between 21:00-03:00, as per the Temporary Events Notice (TEN) dated 18th June 2018, so adequate time before and after the event is going to be required for setup and take down by the Client. The venue must be left fully cleaned and ready by the Client by 08:30 the following morning at the latest. The car park must be cleared of any debris before the Underground Gym opens at 06:00. The Company will dispose of any glass recycling and refuse left in black refuse bags inside the venue.
Cancellations and Amendment
3.1 Cancellations or postponements of, or amendments to bookings must be made in writing to the Company. Cancellations, postponements and amendments will result in the charges in clause 3.2 being applicable.
3.2 Advance notice of cancellation given:
12 weeks or more, prior to the date of the function 100% of deposit refunded.
Between 8 and 12 weeks prior to the date of the function 50% of deposit refunded.
Between 4 and 8 weeks prior to the date of the function 25% of deposit refunded.
Less than 4 weeks prior to the function No refund.
3.3 If the booking is not confirmed and accompanied by the required deposit, the Company reserves the right to cancel the booking.
3.4 If the Company cancels the event after the deposit has been paid without prior agreement and within 10 weeks of the specified event date, the Company will have to refund the deposit in full as well as pay the client for damages, expenses, all promotional and marketing costs incurred as well as consequential losses arising from the cancellation such as loss of earnings on wet and dry sales.
Deposits and Payment
4.1 The remainder of the payment must be made as per the terms stated on the hire fee invoice, which will always be in advance of the booking/event taking place.
4.2 In addition to the hire fee the Client agrees to pay a £1,000.00 deposit which is held against damages to the venue and its equipment. This deposit is payable in advance per the terms of the invoice and is refundable in full within 24 hours of the event, or the next working day, once the venue has been inspected and no damage has been caused. The Client agrees to pay further charges if damage exceeding £1,000.00 is caused to the venue and its equipment as set out in 8.4.
4.2 (i) If any damage is caused the Company will allow the Client to deal with any works incurred and bring back damage to its original state, subject to the Company’s approval.
4.3 Payments must be made in cash, cheque or bank transfer. Cheques and bank transfers should be made payable to “The Circle Brighton”. The currency to be used is Pounds Sterling. Credit facilities are not offered.
4.4 The Client must pay the Company charges for any extra goods and/or services provided at the request of the Client or any person agreed to have the requisite authority.
Prices
5.1 Prices quoted are subject to variation due to changes outside the Company’s control such as availability or seasonality.
5.2 The Client reserves the right to reasonably adjust bar prices at their discretion, with respect to Licensing regulations.
Licensing, Corkage & Statutory Controls
6.1 The Client, guests or representatives may not bring any drinks for consumption and/or sale on licensed premises, operated permanently or on an occasional basis by the Company and/or its representatives.
6.2 The Client requires the prior written consent of the Company to bring any drinks onto licensed premises operated by the Company on a consumption basis only, for which the relevant charges for corkage will apply. These charges will be set out by the Company in advance.
6.3 The Company and all its activities are subject to statutory controls, including those relating to fire, licensing and entertainment, and must be strictly observed by the Client, and their guests and representatives.
6.4 The Company operate the “Challenge 25” policy.
6.5 No drinks are permitted outside of the Licensed area, in particular outside.
6.6 All of the above points must be upheld by the Client and its staff when operating the theatre/bar themselves to ensure the Premises Licence is not compromised.
Parking
7.1 The Client is responsible for ensuring their attendees are aware the car park is not available on the day. Parking on all the ground floor areas are restricted to Underground Gym. Similarly, Underground Gym occupy part of the roof car park and they do issue parking tickets for unauthorised parking. The Circle parking is only on part of the roof car park and is clearly indicated. Underground Gym will lock the ramp gate when they close, so anyone parked on the roof (without authorisation) will no longer be able to access their vehicle.
Liabilities & Responsibilities
8.1 The Premises Licence only permits the sale of alcohol and playing of music (including performances) from 09:00-00:00, within the licenced area. The Client and its attendees have 30 minutes after the licenced period to finish any drinks.
8.1 (i) Times are extended in-line with any approved TEN licence, as per the Functions Booking Form. 30 minutes after any TEN licence extension must still be allowed for attendees to finish drinks.
8.2 Other than personal injury caused by the negligence of the Company, its managers or staff, the Company, its managers, or staff will not be liable for any loss, theft, damage or expense to any person or thing however caused.
8.3 The Client must be over the age of 25 and takes full responsibility of any minors attending their function.
8.4 The Client is responsible for any damage caused to function rooms, public areas and equipment in them by any act, default or neglect of the Client, its sub-contractor or guests and shall pay to the Company and/or hirers of the venue on demand the amount required to make good or remedy any such damage.
8.5 The Client is responsible for ensuring they are made aware of the fire exits and that they advise their attendees accordingly. On the sounding of the fire alarm, the building must be evacuated immediately via the nearest available exit.
8.6 It is the responsibility of the Client to tidy up, including food, after their event and leave all rubbish to be disposed of in black refuge bags, which can be provided by the Company. The Company will be responsible for cleaning the venue. If the venue is not tidied, the Company may charge the Client for the time taken to tidy the venue.
General
9.1 In the unlikely event of a dispute arising, a complaint should be made to the Company on the day, or in writing after the event.
9.2 If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR.
9.3 The Company’s name, telephone numbers, e-mail address, website, logo and any derivative of that name must not be used in any advertising or publicity without the express prior written consent of the Company.
Event-Specific Special Conditions
10.1 All security staff to be supplied by the Client - mandatory of 4 (although more preferred).
10.2 All cleaning staff to be supplied by the Client and the venue must be left as it was found. We can dispose of waste if left in black bags. We can also arrange for glass recycling to be collected.
10.3 The bar can be used to sell drinks supplied by the Client, although tills, card machines and cash floats must be provided by the Client. The Company’s stock must not be used in any circumstances. As such the Company will make the bar fridges available to the Client.
10.4 The Client must employ one of the Company’s key holders for the evening to enable access to the venue, and to secure it at the end of the evening. The cost is typically £11.00 per hour.
10.5 The Client will need to make all their staff familiar with the fire exists and evacuation points.
10.6 Entering and use of the kitchen and above the kitchen is not permitted by the Client.
10.7 The seafront entrance will be used exclusively for this event.
10.8 Two toilet attendants (one for the Gents; one for the Ladies) must be employed by the Client to help prevent any damage caused to the toilets.
10.9 The Company explicitly prohibits the use, possession or sale of illegal drugs or prescription medication without a prescription on Company premises.
10.10 The Client should actively enforce an explicit prohibition on the use, possession or sale of illegal drugs or prescription medication without a prescription.
10.11 Any incidents involving drugs or violence which come to cause damage or financial loss to the business, its Premises License and its reputation will look to be recovered by the Company from the Client.
10.12 Access to The Circle (studios, kitchen, café, reception) are strictly forbidden. If the alarm is triggered a reasonable penalty charge will be payable by the Client.
10.13 The Client will not exceed the total capacity of 330, to include all guests, staff, DJs, security etc.
10.14 The Client will employ a Sound Engineer for the event.
11.1 The Client shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Client arising out of or in connection with:
(a) the client's breach or negligent performance or non-performance of this agreement; or
(b) the enforcement of this agreement.