Room Rental

Terms and conditions relating to room rental

Definitions and Interpretations

In this Agreement, the following expressions have the meanings set out next to them:

"Accommodation" means the room and/ or space within our premises, or under our control, booked by you from us in accordance with and subject to these terms and conditions;

"this Agreement" means the agreement between you and us relating to the hire by you of the Accommodation;

"we" or "our" or "us" means Renew Physiotherapy Limited, a company incorporated in Scotland (Company No. SC338946) with its registered office at 16 Canning Street, Edinburgh, EH3 8EG; and

"you" or "your" means the party booking Accommodation with us as set out below.

Standard Terms and Conditions of Hire

1. By undertaking to rent any facilities from Renew Physiotherapy Limited, you agree that the period of such rental shall be governed by these terms and conditions and you accept that we make no warranty, and to the fullest extent lawfully permitted we exclude any implied warranty, as to whether such facilities are fit for any particular purpose.

Room Bookings

2. Bookings may be made by telephone or email, at which time you must indicate which facilities you wish to book, the period of the proposed booking and any additional services required (such as tea and coffee facilities, catering or administrative support) and all such details are subject to our written confirmation to you (and for the purposes of such confirmation, an email shall constitute "writing").

3. You must, within seven days of your receipt of our written confirmation of your booking (issued to you in pursuance of paragraph 2 above) return a signed copy of these terms and conditions together with a deposit of 25% of the Total Cost (as defined in paragraph 6 below and as included in our invoice to you) in order to confirm the booking. Failure to do so may result in the cancellation of your booking without any further liability to you.

4. Any outstanding balance of your deposit that has not be applied by us to the Total Cost (as defined in paragraph 6 below) will be returned within fourteen days of the event provided that we, in our absolute discretion, have not been required to make good any losses directly attributable to your event.

5. We reserve the right to refuse any booking in our absolute discretion. In addition, the nature of the event shall be notified to us at the time of the booking. As a business dedicated to health improvement, we reserve the right to refuse bookings from organisations that support or undertake any activity that is deemed by us (at our absolute discretion) to be contrary to the interests of our business.

Cost

6. The price of the booking (including such additional services requested) ("the Total Cost") shall be due within 48 hours of the confirmation of the booking. Failure to pay any sums due under the Agreement on the due date shall constitute a material breach of the Agreement.

7. In the event of late or part payment of any invoiced charges, you will be liable to pay interest on the overdue sum from the due date for payment at the annual rate of 9% above the base rate from time to time of the Bank of England, accruing on a daily basis until payment is made.

8. You further agree to pay all such further charges that arise in accordance with these terms and conditions. Prices may be subject to change under exceptional circumstances

9. Where two or more persons or organisations are named in a booking, each shall be jointly and severally liable under these terms and conditions.

Cancellations

10. If you wish to cancel a booking, you must give notice to us in writing. You undertake to pay us a cancellation charge if the booking is cancelled more than 2 weeks before the event (25% of the Total Cost), between 1 and 2 weeks before the event (50% of the Total Cost), between 24 hours and 1 week before the event (75% of the Total Cost) or under 24 hours before the event (100% of the Total Cost).

11. If you cancel and you have previously instructed us to provide catering or third party services for your event, we reserve the right to charge such costs as we have incurred in arranging such catering and/ or such third party services on your behalf.

12. In the event that you fail to perform any of your material obligations contain herein, we reserve the right to cancel the booking forthwith without any liability on our part.

13. If we are unable to perform our obligations for any reason beyond our control (including, but not limited, to strike, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, flood, adverse weather conditions, disruption to power supply, disruption to water supply, explosion, labour disputes or other emergency condition), we may terminate the Agreement without further liability of any nature. In no event shall we be liable for any consequential damages of any nature for any reason whatsoever.

14. If we wish to cancel a booking for any other reason unrelated to the nature of the event itself, we will provide you with at least two weeks' notice where possible and an alternative date for you to hold your event. If we are unable to agree on a suitable date, you shall be entitled to a refund of any sums paid by you to us in respect of such booking and neither party shall be liable to the other for any losses, costs or expenses of the other party, whether such losses, costs or expenses are direct, indirect or consequential, arising as a result of such cancelation and/ or such inability to agree an alternative date.

15. You are in material breach of the Agreement if (a) you fail to pay to us any sums of money payable to us on the due date or (b) you present or conduct your event other than in accordance with the manner notified to us at the time of the booking.

Further Conditions of Hire

16. On acceptance of your booking we grant to you a revocable right to use and occupy the Accommodation only, for the agreed period of hire only, together with all necessary rights of access to, and egress from, the Accommodation during the agreed period of hire only. You agree that you shall not, and you shall procure that your guests shall not, enter any areas that we have notified to you as being off-limits. The right of use and occupation shall not, for whatever reason, continue by way of tacit relocation at the end of the agreed period of hire.

17. You undertake not to use any equipment owned by us in the course of your booking unless you have previously received appropriate training as to its use. We agree to provide, and you agree to attend, a full induction and risk assessment prior to the commencement of any period of hire.

18. In the event that either you or a guest of yours at the event suffers an injury as a result of using our equipment, you accept all liability for any subsequent claims, with the exception of any claims for death or personal injury which arise as a direct result of our negligence.

19. You further agree that you will be fully responsible for any damage caused by you or any guest attending our premises and/ or using our facilities as a result of your booking with us, to either our equipment or property during the period of the hire and/ or use of our premises and/ or facilities.

20. You agree to confirm to us in writing the final numbers attending the event under the Agreement by no later than midday five working days prior to the event.

21. In the event that your booking continues beyond the specified rental time, we shall be entitled to charge an additional fee.

22. The use in any marketing, promotional and/ or advertising material of our name, trademarks, logos or any of our branding and/ or get-up by you is not allowed without our permission in writing. If you do any of the foregoing without our permission, we reserve the right to cancel the booking without the return of the room hire payments and/or to request the withdrawal of all any publicity material that you have produced that contravenes the foregoing at your expense.

23. Our explicit, written permission is required for all photographs, filming and videotaping within our premises.

24. We do not endorse or support the meeting programmes and/or the content of any external event held on its premises.

25. You shall not sub-let the hired rooms or any part thereof without our written consent.

Insurance

26. You must effect and maintain all appropriate levels of insurance which will indemnify you and us against any claims, costs, proceedings, charges and expenses incurred in respect of any injury to any person or loss of or damage to property, which occurs as a result of you, your employees or your guests occupying, using, entering or exiting our premises. You shall at our request produce the policy of insurance to us before the event together with evidence of the payment of the current premium.

27. You acknowledge that any objects, equipment, furniture, stock or other property of any sort brought onto our premises by, or on behalf of, you, your employees or your guests will remain under your and/or your guests' control and care at your and/ or your guests' risk and that you are responsible for insuring such property and accordingly we exclude liability for losses.

28. You warrant and represent to us that any objects, equipment, furniture, stock or other property of any sort brought onto our premises by, or on behalf of, you, your employees or your guests are fit and safe for their intended purpose, use and handling.

Damage to our property and items not permitted in rooms

29. You shall, throughout the period of hire under the Agreement and your occupancy of our premises arising thereunder and in relation thereto, take all reasonable precautions to ensure that no damage occurs to our property or harm to our employees. In the event of any such damage and/ or harm occurring, we reserve the right to hold you liable for the replacement or repair of any or all property damaged by you, your employees and/or your guests.

30. If any member of our staff is injured by you or by anyone attending your event under the Agreement, you shall be liable for any claims arising and or losses and damages suffered as a result thereof.

31. You shall ensure that nothing is fixed to the floors, walls, ceilings or any other interior or exterior of the buildings by means of nails, screws, drawing pins, blue tack, glue or any other means unless previously agreed by us to you in writing.

Property Left after the Event

32. We accept no responsibility for any equipment provided by you, for you, or on your behalf during (or left unattended by you after) the period of hire. We do not accept responsibility for any items lost or mislaid on the premises. Any items not collected within 7 days after an event may be disposed of by us unless prior arrangements have been made. Items stored outside these times may incur additional storage charges and shall be stored at your risk and expense. We will not be responsible for any item sent to you by us by courier that gets lost or damaged in transit.

Conduct

33. You shall ensure that the event is conducted in an orderly fashion without causing a nuisance and in full compliance with our directions and requirements brought to you attention and with all applicable laws, ordinances and regulations. As we are required to comply with certain noise restrictions under the terms of our lease, you further undertake to comply with all such restrictions to which we are subject and which we bring to your attention.

34. We reserve the right at our discretion to exclude or eject any persons from our premises whom we consider to be acting in an objectionable manner and you will be liable for any liability arising thereby.

Data Protection Act

35. Your details will be held by us on our computer database for use by our accounts department in maintaining proper records and for marketing purposes. These will not be passed on to any third parties.

Renew Physio Liability

36. This section sets out our entire financial liability to you under or in connection with this Agreement, including any liability for the acts or omissions of our employees, agents and sub-contractors in respect of any breach of this Agreement and any representation, statement or delictual act or omission (including negligence) in relation to and/ or connection with this Agreement.

37. Except as expressly and specifically provided in this Agreement all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement.

38. Nothing in this Agreement excludes or attempts to exclude the liability of any party: (i) for death or personal injury caused by that party's negligence; or (ii) for fraud or fraudulent misrepresentation.

39. Subject to paragraph 38 above:

we shall not be liable whether in delict (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and

our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall not, for any claim, in any circumstances, exceed the Total Cost (as defined in paragraph 6 above). Any claim based on an event, circumstance, act or omission shall be considered separate from another claim if the other claim arises out of a different event, circumstance, act or omission, unless that different event, circumstance, act or omission contributed to substantially the same loss or damage in which case they shall be treated as the same claim.

Assignation

40. You shall not assign, transfer, mortgage, charge, declare a trust of or deal in any other manner with any of your rights or obligations under this Agreement.

41. We shall be entitled to assign, transfer, mortgage, charge or deal in any other manner (including sub-contracting) with any of our rights and/ or obligations under this Agreement.

Consequences of Termination

42. On expiry or termination of this Agreement for any reason and subject to any express provisions set out elsewhere in this Agreement:

(a) all outstanding sums payable hereunder shall immediately become due and payable;

(b) all rights, permissions and licences granted pursuant to this Agreement shall cease; and

(c) you shall act promptly in the cancellation of any events relating to your booking with us that have not taken place prior to such expiry or termination.

43. The expiry or termination of this Agreement, for any reason, shall not affect any provision of this Agreement which is expressed to survive or operate in the event of expiry or termination, and shall be without prejudice to any rights of either Party which may have accrued by, at, or up to, the date of such expiry or termination.

Entire Agreement

44. This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

45. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

46. Nothing in this section shall limit or exclude any liability for fraud.

Variation

47. No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Freedom to Contract

48. You hereby declare that you have the right, power and authority and have taken all action necessary to execute and deliver and to exercise your rights and perform your obligations under this Agreement.

Waiver

49. No failure or delay by either party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Severability

50. Should any provision of this Agreement be held to be illegal, invalid or unenforceable in any respect by any judicial or other competent authority under the law of any jurisdiction:

if by substituting a shorter time period or more restricted application of the provision, it would be valid and enforceable, such shorter time period or more restricted application shall be substituted;

if paragraph 50(a) is not applicable:

such provision shall, so far as it is illegal, invalid or unenforceable in any jurisdiction, be given no effect by the parties and shall be deemed not to be included in this Agreement in that jurisdiction;

the other provisions of this Agreement shall be binding on the parties in that jurisdiction as if such illegal, invalid or unenforceable provision were not included herein;

the legality, validity and enforceability of the illegal, invalid or unenforceable provision in any other jurisdiction shall not be affected or impaired; and

the parties shall negotiate in good faith to agree an alternative provision in terms which as closely as possible achieve the intention of the parties in the original provision, do not substantially impair the parties' original interests and do not render such provision invalid or unenforceable.

Third Party Rights

51. A person who is not a party to this Agreement shall not have any rights under or in connection with it by virtue of any rule of law or legal principal including (without limitation) the ius quaesitum tertio.

52. The rights of the Parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any person that is not a party to this Agreement.

Set-off

53. No amount due and payable by you to us pursuant to this Agreement shall be set-off against any other amount due and payable or alleged to be due or payable by us to you whether pursuant to this Agreement or otherwise.

Non-solicitation

54. From the date hereof and for a period of two (2) years following the expiry or termination of this Agreement (for whatever reason) (hereinafter referred in this paragraph 54 as the "Restricted Period") you hereby agree that you will not solicit for employment any member of our personnel involved with the performance of this Agreement and/ or the provision of services hereunder at any time during the Restricted Period provided that nothing in this paragraph 54 shall prevent you from employing a person pursuant to a recruitment process where persons apply for employment following an advert for applicants.

Permitted Purpose

55. You hereby acknowledge, agree and undertake to us that you shall only use the Accommodation, additional services and the facilities that are subject to this Agreement for the purpose agreed by us in relation to the booking under this Agreement.

Health & Safety

56. You hereby undertake to us that you shall and you shall procure that your employees and guests shall, at all times during the enjoyment of your rights under this Agreement, observe and comply with all applicable regulations and all requirements of the Health and Safety at Work Act 1974 and also any other statutes, regulations or any health and safety policy notified by us to you.

Right of Inspection

57. You hereby agree that we shall be entitled to enter and inspect the Accommodation at any time, including during the period of hire under this Agreement, in order to satisfy ourselves as to your compliance with the terms of this Agreement.

Intellectual Property

58. You hereby agree to indemnify us and our employees, offices and agents against any awards or judgements made or granted by a court of law or any authority with competent jurisdiction, against us and/ or them (as the case may be) under and/ or in pursuance of sections 24, 25 and/ or 26 of the Copyright, Designs and Patents Act 1988 as a result of your use of any of our facilities and/ or equipment under this Agreement.

Governing Law & Jurisdiction

59. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.

60. You hereby irrevocably agree that the courts of Scotland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).