Terms and Conditions
In these Terms and Conditions and accompanying Letter of Agreement, the following definitions apply:
“JustSeventy” is JustSeventy Limited of 88 The Broadway, Mill Hill, London, NW7 3TB, United Kingdom.
“The Client” is the person, organisation, company or other body responsible for booking the Services identified in the Letter of Agreement.
“The Services” are the provision of all services by JustSeventy to the Client under the Letter of Agreement and Terms and Conditions.
“The Event” is the event for which the Client is contracting JustSeventy to provide the Services as specified in the Letter of Agreement.
“The Letter of Agreement” sets out the proposed services to be provided to the Client in relation to the Event.
“The Proposal” is the detailed proposal to be provided to the Client under the Letter of Agreement.
1. Confirmation of booking
1.1. These Terms and Conditions, the Proposal and the Letter of Agreement together constitute the entire agreement (the “Agreement”) between JustSeventy and the Client. JustSeventy shall provide the Services to the Client and the Client shall purchase the Services in accordance with the Agreement.
1.2. The services and indicative budget in the Letter of Agreement will be amended as agreed between the parties in the Proposal. Each Proposal will contain details of proposed Services and costs and will be reviewed regularly with the Client. Individual items in each Proposal may be confirmed between the parties at any time. The final Proposal will be signed by the Client and will be the final agreed costs and Services to be provided at the Event.
1.3. All quotations and bookings are made subject to the Agreement. The placing of a booking with JustSeventy shall constitute unqualified acceptance of these Terms and Conditions. Bookings shall only be confirmed upon receipt of the retainer fee in full by JustSeventy as stated in clause 2.1. below. In the event the deposit is paid by cheque the confirmation is only effective upon clearance of the cheque. Until such time as the Event is confirmed, JustSeventy has no obligation to reserve or arrange the Services for the Client. All payments must be made in £ Sterling unless otherwise agreed with JustSeventy.
1.4. The Client may amend details of the Services through the Proposal process. Once an item is approved to be contracted by the Client during the Proposal process the Client will be responsible for any cancellation or other charges, costs or expenses incurred by JustSeventy or any third party provider of Services if the Client wishes to cancel or amend the booking.
1.5. In the event that this Agreement is signed on behalf of a Client that is a company, partnership, or unincorporated association, the person signing represents to JustSeventy that he or she has full authority to sign such a contract. In the event that he or she is not so authorised, he or she will be personally liable for the complete performance of this Agreement.
1.6. The Client agrees that JustSeventy reserves the right to sub-contract its Services, including the supply of any equipment to a third party provider (“Third Party or Parties”). Where JustSeventy books key items for an Event, including but not limited to a venue or marquee, the Client authorises JustSeventy to act as their agent and gives JustSeventy full authority to represent the Client and sign agreements on their behalf with key providers (“Key Providers”). JustSeventy will inform the Client in writing of the cancellation provisions and the confirmed price prior to signature of the Key Provider agreement. The Client agrees to accept all liability resulting from any breach of the Key Provider agreements and will keep JustSeventy fully and effectually indemnified against the costs, expenses and damages of all the claims, which may be made against JustSeventy arising from any breach of the agreements with Key Providers.
1.7. The Client may agree with JustSeventy that certain items for the Event will be provided directly by the Client (“Client Items”). Client Items will normally be identified in the Proposal. JustSeventy reserves the right not to agree to the Client providing Client Items where any Key Provider or Third Party objects. The Client shall provide JustSeventy with the name and details and any other information reasonably required by JustSeventy relating to the Client Items.
2. Deposits, prepayments & settlement of accounts
2.1. The Client shall be required to pay a non-refundable retainer fee to JustSeventy to confirm a booking. The amount of retainer fee payable is set out in the Letter of Agreement. Credit card details are required upon confirmation of booking as security against the booking and any outstanding payment.
2.2. A deposit or full payment is required to confirm the booking of all items. The balance of the price shall be paid in full 28 days prior to the Event.
2.3. The Client shall be responsible for any cancellation or other charges, and any other costs and expenses incurred as a result of any cancellation or amendment to any booking, including any booking with any Third Party or Key Provider, whether as a result of any request by the Client or otherwise.
2.4. The price payable for the Services may be amended by JustSeventy at any time (including following signature of the final Proposal) to take account of changes to the price of individual items, including but not limited to the price of menu items, any changes requested by the Client and changes as a result of changes to legislation, regulation or taxation or VAT. VAT shall be payable on any item in addition to the price quoted unless the price is expressed to include VAT.
2.5. Following the Event, the Client will be responsible for the payment of any ‘additions’, which will include any last minute additional items or changes to the final Proposal, any price increases under
2.4 above, any bills left unpaid by individuals attending the Event, any additional technical support or security, amendments for changes to food or beverage menus or other costs, any damages or breakages including any damage to JustSeventy’s equipment by the Client or any individuals attending the Event and amounts payable for any additional guests at the Event.
2.6. In respect of any unpaid sums due under this Agreement, interest will be payable by the Client at 2% per calendar month, accruing daily, from the due date of payment until the actual date of payment.
2.7. The time of payment by the Client shall be of the essence. Receipts for payment will be issued only upon request.
3. Numbers
3.1. The anticipated numbers are set out in the Letter of Agreement. The Client will be liable to pay JustSeventy, any Key Provider and any Third Party for any guaranteed minimum numbers in any booking or the total number served, whichever is the greater.
3.2. The Client shall give written details of numbers attending the Event not less than 14 days prior to the Event. This final number will be considered to be the maximum number of attendees. In the event of the maximum number being exceeded, JustSeventy will use reasonable endeavours to provide the Services for the increased numbers and will charge the same spend per head for the Services. However JustSeventy shall not be held responsible for failure to provide such additional Services.
3.3. Numbers attending the Event must not exceed at any one time those set by the Licensing Authorities or any other authority for the room used.
4. Menus
4.1. The menu details of the Event are to be finalised a minimum of 14 days prior to the Event and are subject to the terms and conditions herein. In the event that a Key Provider or Third Party supplier reserves the right to substitute alternative food and drink if the items ordered cannot be obtained, JustSeventy will notify the Client. JustSeventy reserves the right to increase menu prices in the event that specific menu items undergo a substantial and unforeseen price increase.
5. Security
5.1. Should a Key Provider or Third Party require JustSeventy to provide additional security for the Event, including during set-up and breakdown, the Client agrees that the Key Provider or Third Party reserves the right to provide such services with any additional costs being re-charged to the Client resulting from the Event. Clients may not enter any area other than those necessary and designated for the Event. Fire exit and automatic door closures must never be blocked or obstructed.
6. Specific Event Requirements
6.1. The Client agrees to pay for an adequate hot meal with refreshments and suitable facilities for all employees and subcontractors of JustSeventy during the Event.
6.2. JustSeventy will require a full guest list for checking 3 working days prior to the Event.
6.3. It shall be the responsibility of the Client to ensure that where applicable, Performing Rights Society forms are completed by any band or musician employed directly by the Client. The Client will keep JustSeventy fully and effectually indemnified against the costs, expenses and damages of all the claims, which may be made against JustSeventy arising from any breach of copyright occurring during any function.
6.4. The Client agrees that if the Event is held in a residential area, it shall be responsible for advising the residents, council and other parties concerned of possible noise pollution and complying with all other regulations. JustSeventy shall not be responsible for any resulting complaints or fines in the event of noise pollution and the Client agrees to fully indemnify JustSeventy for all costs, expenses and damages resulting in such circumstances.
6.5. The Client agrees that if an Event is held in London or any other location where parking restrictions apply, the Client shall pay for all parking expenses and costs incurred by JustSeventy.
6.6. The Client agrees to provide JustSeventy with written notice of guests who have a medical condition that may be affected by specialist lighting and events.
6.7. The fixing of signs, displays, posters etc. at any venue may only be carried out with the consent of JustSeventy. No advertising, public or otherwise, of any Event arranged by JustSeventy may be exhibited without JustSeventy’s prior permission.
7. Cancellation by JustSeventy
7.1. JustSeventy may cancel a booking prior to the Event without any liability being incurred
whatsoever if:
7.2. JustSeventy is unable to operate due to any of the events and circumstances set out in clause 9.1;
7.3. The Client becomes insolvent or enters into liquidation/receivership (or such other similar event), or the Client is in breach of any of the terms of this Agreement;
7.4. The Client is more than 7 days in arrears with any payment to JustSeventy;
7.5. A Key Provider or Third Party cancels the booking or is affected by any of the above circumstances in clauses 7.2., 7.3. and 7.4. Where a Third Party provider cancels a booking JustSeventy shall use all reasonable endeavours to find an alternative provider or to find an alternative solution. The Client shall agree to any reasonable proposal suggested by JustSeventy. In the event that an alternative solution (which may include not providing that particular item or Service) is not agreed, JustSeventy reserves the right to cancel the Event without any liability whatsoever.
In any such event, JustSeventy will refund any advance payment made to the Client less any sums payable to Third Party or Key Providers for cancellation and other charges but will have no further liability to the Client.
8. Cancellation by the Client
8.1. In the event that the Client cancels the booking for any reason whatsoever, in addition to the cancellation charges, other charges and costs and expenses payable to Key Providers and Third Parties, the Client shall pay JustSeventy all of its costs and out of pocket expenses together and the loss of profit that JustSeventy would have made had the Event not been cancelled.
8.2. All rights to design work carried out by JustSeventy in relation to your Event remain wholly the intellectual property of JustSeventy, you are not entitled to use said designs without our express consent in writing. In the event that said designs are used without consent, JustSeventy will be entitled to invoice you the full fee for said design work at JustSeventy’s standard rates.
9. Loss or Damage
9.1. JustSeventy will not be liable to the Client or any person claiming through the Client for any claim, loss, damage or expense caused by, or arising from, its failure to carry out any obligation under the Agreement due to anything beyond the control of JustSeventy including (but not limited to) an act of God, riot, strike, lock-out, trade dispute or labour disturbance, fire, flood, tempest, war, or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, failure of lifts, failure of or damage to any equipment, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
9.2. In the event that JustSeventy is in breach of the Agreement, JustSeventy’s maximum liability shall be limited to the amount of the price paid by the Client for the Services.
9.3. Except as expressly provided in the Agreement, JustSeventy shall not be liable to the Client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of JustSeventy, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of JustSeventy under or in connection with the Agreement shall not exceed the price paid by the Client in accordance with Clause 9.2.
9.4. The Client agrees to fully indemnify JustSeventy against any losses, costs, expenses and damages that JustSeventy incurs arising from any breach by the Client under the terms of the Agreement, including (but not limited to) all and any legal fees incurred by JustSeventy.
9.5. Nothing in this Agreement shall exclude or limit JustSeventy’s liability for death or personal injury resulting from the negligence of JustSeventy or any of its officers, employees or agents, nor shall it operate to exclude or limit any statutory rights which cannot be legally excluded or limited.
9.6. The Client shall not be entitled to make a claim under this clause unless it notifies JustSeventy as soon as practicable and in any event within seven days after becoming aware of the circumstances giving rise to the claim.
10. Conduct
10.1. The Client shall be responsible for the orderly conduct of all guests attending the Event, and shall ensure that nothing shall be done which will constitute a breach of the law or in any way cause a nuisance or be an infringement of or render a possible forfeiture or endorsement of any licenses for the sale of wine, beer, spirits or for music and dancing or exhibition. In particular (but without limitation) the Client shall ensure that there is no illegal use of narcotics, betting or gaming.
10.2. No food or drink shall be brought to the Event by the Client’s guests for consumption on the Event premises unless agreed by JustSeventy.
10.3. The Client and its employees or representatives agree to recognise and comply with any applicable laws and regulations in connection with and during any Event.
10.4. The Client agrees to fully indemnify JustSeventy from and against any losses arising out of its breach of clause 10.1, 10.2 and 10.3.
10.5. JustSeventy reserves the right to restrict entrance to the premises if the total number of guests on the premises exceeds the maximum as agreed by both parties in the Proposal or in any Key Provider agreement and / or the maximum number of guests on the premises as stated on JustSeventy’s licence; or if admission of a guest to JustSeventy would be in breach of licensing regulations for reasons including, without limitation, the intoxication of a guest of the Client.
11. Promotion
11.1. The Client agrees that JustSeventy may, use in advertising, publicity, marketing or other promotional materials or activities images of or relating to the Event, provided that the images do not name or identify any individual.
11.2. JustSeventy must provide the Client with a copy of any invitation using the Client’s name or any the Client’s images prior to each event for proofing.
12. Confidentiality
12.1. Each party acknowledges that the other and/or its employees may, in the course of JustSeventy providing the Services to the Client, be exposed to or acquire non-public information which is proprietary to or confidential to the other party or its affiliates, or third parties to whom that party owes a duty of confidentiality. Each party agrees to hold such information in strict confidence and not to disclose such confidential information to third parties or to use such information for any purpose whatsoever other than in connection with the provision of the Services to the Client and to advise each of its employees who may be exposed to confidential information of their obligation to keep such information confidential.
13. Non-assignment
13.1. This Agreement shall not be capable of assignment by either Party without the prior written consent of the other Party.
14. General
14.1. Nothing in the Agreement shall constitute or be deemed to constitute a partnership between JustSeventy and the Client.
14.2. Either party’s failure to exercise any particular right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.3. Every provision of the Agreement is separate and distinct from all of the other provisions and in the event that any provision of the Agreement is or becomes illegal, void and invalid, it shall not be construed against the other provisions, nor effect the legality and validity of the other provisions.
14.4. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon or enforce any term of this Agreement.
14.5. No amendment or other variation to these Terms and Conditions shall be effective unless it is in writing, is dated, and is signed by or on behalf of each of the parties.
14.6. All rights, remedies and powers conferred on the parties by this Agreement are cumulative and shall not be deemed to be exclusive of any other rights, remedies or powers or subsequently conferred on them by law or otherwise.
15. Governing Law
15.1. English law shall apply to this Agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts.