STANDARD TERMS AND CONDITIONS OF BOOKING
1. RIGHTS GRANTED
In consideration of the Client performing its obligations under this Agreement the NT hereby grants to the Client the right and licence to enter upon and use the Site during the Hire Period for the purposes only of the Function.
2. PROVISIONAL BOOKING, CONFIRMATION, HIRE FEE AND PAYMENT
2.1. To confirm the booking the Client will sign and return one copy of this Agreement together with the Hire Fee to the NT within seven days from the date on which the NT sends this Agreement to the Client together with the Hire Fee Invoice. The booking will be treated as provisional until the Client returns the signed copy of this Agreement and the Hire Fee, and if the Agreement and Hire Fee are not returned by the specified date, the NT will cancel the booking unless otherwise agreed.
2.2. If another Client wants to book the same date(s) before the Client's booking has been confirmed, the Client will be asked to confirm its booking and pay the Hire Fee as required by condition 2.1 within 48 hours. If the Hire Fee and signed Agreement are not received within this period, the NT will cancel the Client's booking.
2.3. The NT will issue a written estimate of the detailed costs of the Function including food and beverage costs (the "Estimated Costs"). The Client shall pay 50% of the Estimated Costs (the "Intermediate Payment") 30 days before the Function Date or, if later, the business day following receipt of the Estimate. If the details of the Function change, the NT will update the Function Details Document.
2.4. The NT will, following receipt of the Intermediate Payment, work up a Function Details Document outlining the agreed structure and timings of the day. At least 72 hours before the Function Date, the Function Details Document must be signed by the Client and returned to NT. Charges for the Function will be based on the notified number of guests at this time. The NT will use its reasonable endeavours to ensure that it provides the food and drink selections made by the Client for the Function. However the NT reserves the right to make substitutions and price changes when required as a result of market fluctuations, seasonal availability or other reason outside its control.
2.5. Following the Function, the NT will invoice the Client for the balance of the cost, including all additional costs payable by the Client pursuant to this Agreement ("the Balance Invoice"). The NT will require payment in full within 30 days of the date of the Balance Invoice.
2.6. All prices are subject to VAT at the prevailing rate where applicable.
2.7. If the Intermediate Payment is not made within seven days of it becoming due, the NT reserves the right to cancel the Function and the Client will become liable for any additional costs which have been incurred by the NT in respect of the Function and any loss of profits which the NT would have made had the Function taken place.
3. SERVICES TO BE PROVIDED BY THE NT OR ITS APPROVED SUPPLIER
3.1. AV and other general equipment
The NT is able to provide free of charge, certain audio visual equipment if listed on the NT's list of AV equipment and it is not booked for any other event or otherwise not available for use. Any audio visual or other general equipment required which is not provided by the NT under the terms of this agreement must be provided by an NT approved supplier and agreed by the NT Representative. The associated cost of any such other items to be so provided will be subject to separate agreement
Any operational support staff required will be provided subject to availability and by agreement with the NT. The cost, when not included in the menu price, shall be added to the Balance Invoice.
Reasonable cleaning of the Site prior to the Function and after the Function is included in the Hire Fee. Any additional cleaning the Client requires may be provided by the NT if reasonable notice is given. The cost shall be added to the Balance Invoice.
The NT will provide security services in line with its normal security staffing levels. The Client must inform the allocated NT Representative if there is reason to believe the Function may require extra security. Any such extra security services shall be provided by agreement between the parties, and any costs incurred by the NT shall be added to the Balance Invoice.
3.5. Music and Entertainment
Non-amplified live music, performed by an NT approved supplier, will be permitted, dependent on the nature of the act and the instruments involved, and subject to the prior approval of the NT Representative. Low level amplification may be permitted for electronic instruments such as keyboards, provided that all amplification requirements are discussed with and approved by the NT Representative before the Function. Sound levels will be monitored and controlled throughout the Function.
The NT Representative reserves the right to request the Client to reduce levels of live or recorded music should this interfere with the concurrent performance of any play or event at the NT.
The Deck cannot accommodate dancing/dance floors.
The Client is asked to discuss its entertainment requirements with the Hospitality Sales Executive at the time of booking its Function.
4. CLIENT'S OBLIGATIONS
4.1.1. The Client will ensure that the number of guests on the Site during the Function shall not exceed the maximum number of guests specified in the Function Details Document. The NT Representative shall have the right to require guests in excess of the agreed maximum to leave.
4.2. Function Details
The Client will provide details of the Function, including details relevant to the provision of services by the NT under Condition 3, as soon as possible and in any event when the Client makes the Intermediate Payment pursuant to Condition 2.3.
No changes to the details of the Function shall be made after the Client has signed the Function Details Document without the prior written approval of the NT Representative.
4.3. Exhibition and Materials
A plan of any proposed exhibition or display to be mounted in any part of the Site must be submitted to the NT Representative a reasonable time in advance of the Function and the approval of the NT Representative obtained. If the proposed layout of the exhibition or display is, in the opinion of the NT Representative, prejudicial to the safety of the NT premises or their occupants or the public, the Client will alter the layout or dimensions in accordance with the NT Representative's requirements and at the Client's cost. The Client will not bring any fittings, furnishing or equipment into the NT or any part of the Site without the prior written approval of the NT Representative. The Client will remove any extra fittings, furnishings or equipment after the Function before the end of the Hire Period.
4.4. Photographs, video tapes and films
The Client shall obtain the consent of the NT Representative before showing any photographs, video tapes and/or films. The Client will not take photographs or film any part of the NT or the Function without the prior approval of the NT Representative.
4.5. Advertising and Press
The Client shall submit to the NT Representative a draft of any written material, and a copy of any photograph, drawing or diagram, relating to the NT which the Client proposes to distribute or publish, and the Client shall comply (at its own cost) with any alterations to any such material which the NT Representative may reasonably request.
If using The Deck, the Client must ensure that the venue is credited as ‘The Deck at the National Theatre' on all press releases and statements and must use the approved logo for The Deck. The Client should keep the NT informed of any significant press activity surrounding the Function e.g. TV cameras or photographers attending the Function.
4.6. Emergency Exits
The Client shall not obstruct emergency exits, emergency stairwells or any emergency exit notices.
Smoking is not allowed inside the NT premises. The Deck, Terrace Bar and Ashcroft Room have private outdoor terraces with smoking areas.
4.8. NT Access
The Client shall allow the NT, its employees, agents and contractors access to all parts of the Site at all times during the Hire Period.
4.9. Removal of Client items
By the end of the Hire Period, the Client shall have removed anything that has been brought onto the NT premises by the Client for the purposes of the Function and ensure that the Site at the end of the Hire Period is undamaged.
If the Client shall fail to comply with any of its obligations under this Condition 4.10, the NT shall be entitled itself to remedy, or to arrange for a third party to remedy, the failure, and the Client shall keep the NT indemnified from and against any and all costs and expenses incurred in so doing.
4.10. Health and Safety, insurance etc
The Client and its employees, agents, contractors and guests shall at all times comply with the reasonable instructions of any NT employee, agent or contractor including without limitation all security arrangements and health and safety directions and policies.
The Client shall ensure that the NT is informed of any accident occurring in the NT involving any employee, agent, contractor or guest of the Client.
The NT has obtained and maintains all necessary alcohol and entertainment licences required for the Function. The Client shall bear the cost of any additional or special licences which the NT or the Client is required to obtain for the purposes of the Function, and shall reimburse the NT for any costs incurred by the NT in relation to such additional or special licences within 30 days of the date of the NT's invoice for such costs.
The Client shall comply with the terms of all licences held by the NT from time to time relevant to the Function and notified to the Client by or on behalf of the NT.
The Client shall not use, or knowingly permit others to use, the name "National Theatre" or "NT" or any other name or logo of the NT except in accordance with condition 4.5 or with the prior written approval of the NT.
5. CATERING AND REFRESHMENTS
5.1. Catering and drinks will be provided solely by the NT. NT‘s menus include a vegetarian option, and other dietary requirements can be fulfilled with reasonable prior notice (e.g. Kosher, Halal, Vegan) although these may attract a supplementary charge.
5.2. Food and beverage tastings must be arranged with the Functions Team at least two weeks in advance of the Function. If your event booking is confirmed then there will be no charge for the tasting. Should the booking not be confirmed then tastings will be invoiced at full menu price plus VAT where applicable. The NT is only able to offer tastings for our dinner menus.
6. CARE OF THE SITE
6.1. The Client shall make no alterations to, and shall not fix anything to, the structure, fittings, decorations or furnishings of the Site without the prior written consent of the NT Representative.
6.2. Any damage caused by the Client, any of the Client's employees, agents, contractors or guests to the Site, or any articles belonging to the NT, shall be made good to the satisfaction of the NT Representative, and the cost of making good shall be added to the Balance Invoice.
6.3. The Client shall not suspend anything from the ceiling of The Deck unless this has been previously approved in writing by the NT Representative.
7. FIRE AND SAFETY PRECAUTIONS
The Client shall ensure that no hazardous substance, article or equipment is brought to the NT in connection with the Function or otherwise. A hazardous substance, article or equipment for the purposes of this Agreement is a substance that in the opinion of the NT Representative may create a risk of fire, explosion or the release of noxious gases, or may soil or cause damage to the NT or its contents, or may create any risk to the health and safety of the occupants of the NT or the public.
8. ELECTRICAL EQUIPMENT AND INSTALLATIONS
8.1. All electrical equipment must be operated only by competent and suitably trained personnel.
8.2. The NT reserves the right to test electrical installations and equipment. Should it fail such a test, the installation or equipment must either by modified to meet the requirements specified by the NT Representative or must not be used at the NT.
9. PEOPLE WITH DISABILITIES
The Client should be aware that the number of wheelchair users who can be accommodated in some Sites may be limited to two by reason of Health and Safety regulations. Please check with the NT Representative.
10. CANCELLATION OF THE FUNCTION BY NT
The NT shall have the right at its discretion at any time by notice to the Client to cancel the Function immediately, if:
(a) there has been a breach on the part of the Client of the terms and conditions of this Agreement, which, in the case of a breach capable of remedy, the Client has failed to remedy within a reasonable period of receiving notice so to do;
(b) for any cause whatsoever the Site or any other relevant part of the NT shall not, in the reasonable opinion of the NT Representative, be fit for use or usable without danger to the public at any time during the Hire Period.
The NT shall have no liability for any loss or damage suffered by the Client as a result of cancellation under paragraph (a) nor to refund any payment already made by the Client. In the event of a cancellation for the reason set out in (b) the NT's liability shall be limited to the return of any sums paid in advance under the terms of this Agreement.
11. CANCELLATION BY CLIENT
The Client may cancel the function in which case the following cancellation charges will apply:
Over 90 days before Function Date
75% Hire Fee deposit returned
Less than 90 days but more than 30 days before Function Date
50% Hire Fee deposit returned
Less than 30 days but more than 72 hours before Function date
100% Hire Fee and 50% Estimated Costs retained
Less than 72 hours before Function date
100% Hire Fee and 50% Estimated Costs retained plus any additional losses and costs that the NT may have incurred in respect of the Function as determined by the Director of Catering.
12. FORCE MAJEURE
12.1. If the Site is not available for the Function or the NT cannot host the Function on the agreed date by reason of war, fire, flood, storm, explosion, act of God, failure or shortage of power supplies, national emergency, labour dispute, strike, civil disturbance, acts or threats of terrorism or any other cause not within the control of the NT (including without limitation the actions of any authority or body whose approval or licence is required for the Function) the NT shall have no liability whatsoever to the Client save under Condition 12.2.
12.2. If Condition 12.1 applies, the Client may cancel the Function, whereupon Clause 11 charges shall not apply and the NT will return (without interest) any sums paid by the Client to the NT in advance under this Agreement in respect of the Site or the services which cannot be provided.
13. CLIENT LIABILITY
The Client shall be liable for and shall indemnify the NT, its officers, employees and agents from and against any and all injury, liability, loss, claim or proceedings which is suffered or incurred by any of them by reason of any infringement of third party intellectual property rights arising out of the activities of the Client, its employees, agents or contractors in connection with the Function, including infringement arising from the Client's advertising for the Function or photographs, video tapes or films shown at the Function (regardless of whether such items have received the written consent of the NT Representative for their use at the Function under conditions 4.4 and 4.5).
14. NT'S LIABILITY
Other than in respect of death or personal injury arising out of the negligence of the NT, or in respect of the NT's fraud
14.1. the NT shall not be liable for any loss of profits, loss of business or loss of opportunity (whether direct or indirect) or any indirect, special or consequential loss, whether arising from negligence, breach of contract, breach of statutory duty or otherwise; and
14.2. the NT's maximum liability under or in connection with this Agreement (whether in contract, tort, breach of statutory duty or otherwise) shall be limited to the Hire Fee.
Each party agrees to keep confidential all information obtained from the other about this Agreement and further agrees to use such information only for the purposes of this Agreement.
No amendment or variation of this Agreement shall be effective unless in writing and signed by the duly authorised representatives of the parties.
The Client shall not assign its rights under this Agreement or any part of it without the prior written consent of the NT. The NT may assign its rights hereunder to any successor body of the NT or any subsidiary or associated company of the NT.
This Agreement supersedes all prior agreements, representations, arrangements and undertakings between the parties in relation to the hire of the Site and constitutes the entire agreement between the parties relating to the Function.
No terms of this Agreement will be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
This Agreement shall be governed by and interpreted in accordance with English law and the parties agree to submit to the jurisdiction of the English Courts for all purposes relating to this Agreement.