Ricoh Arena - Conferences & Events Letheby & Christopher Limited Terms & Conditions 1. Definitions In these terms and conditions the following words and phrases shall have the following meanings: ‘Company’ means Letheby & Christopher operating as the exclusive provider of catering and function services at the Ricoh Arena. ‘Client’ means the person(s), firm or company which engages the Company to provide hospitality and/or conference facilities at the Ricoh Arena. ‘Minimum Number’ means the minimum number of guests/delegates attending an Event as stated in front-sheet booking form. ‘Event’ means the banquet, function, conference or specified occasion, the date of which is stated in front-sheet booking form and at which the Company is engaged to provide Services. ‘Services’ means the provision of catering and function services. 2. Price/Payment 2.1 The Company will require the Client to pay a deposit of 25% upon signing the booking form. The deposit is based on the estimated value of the Event as per the Minimum Number as stated on the front-sheet booking form. A booking will not be considered confirmed until the deposit has been paid in full. 2.2 Deposits are non-refundable and non-transferable. 2.3 The Company requires full pre-payment for all Events, and balance monies (after payment of the deposit) are due at least 14 days prior to the Event. Time for payment of amounts due to the Company is of the essence and should payment not be received prior to the cut-off date, the Company reserves the right to cancel the Event. 2.4 Items of food and beverage ordered by the Client or any attendees at the Event (over and above those ordered in the booking form) shall only be provided by the Company if signed for by the Client’s authorised representative and must be paid for by credit card by the Client prior to departure from the Event. It is the Client’s responsibility to notify the Company of its authorised representative(s) for the Event and to ensure that all orders of food and beverages are signed for by the authorised representative(s) of the Client. Where the Client fails to notify the Company of its authorised representative(s) or orders are placed by persons other than a Client’s authorised representative, the figures recorded by the Company shall be conclusive and the Client shall be bound to pay the charges quoted by the Company for the Services. Where, for whatever reason, additional items of food and beverage are not paid for by the Client prior to departure from the Event, the Client shall pay the balance of any charges over and above the amounts due pursuant to clauses 2.1 and 2.3 above within 14 days of the date of the Company’s invoice. The Company reserves the right to charge interest on overdue accounts at a rate of 4% per annum above the base rate of Barclays Bank Plc for the time being. 2.5 All queries relating to amounts invoiced must be notified in writing to the Company within 7 days of the date of the Event invoice. 2.6 Unless otherwise stated, all prices quoted are exclusive of value added tax. 3. Cancellation by Client 3.1 A confirmed booking shall only be recognised as cancelled when the Company receives written notification of the cancellation. 3.2 In the unfortunate circumstances of cancellation by the Client, in addition to the loss of deposit, the Client shall pay cancellation fees calculated as follows: More than 24 weeks notice – no charge Between 24-18 weeks – 10% charge Between 18-12 weeks – 25% charge Between 12-6 weeks – 50% charge Less than 6 weeks notice of cancellation – 100% charge 3.3 Any costs incurred by the Company on behalf of the Client in procuring facilities, services or audio-visual equipment will be payable in full by the Client irrespective of the period of notice of cancellation. 4. Cancellation by the Company 4.1 The Company reserves the right to cancel an Event without liability to the Client if: (a) Ricoh Arena or part of the Ricoh Arena has to be closed for reasons beyond the Company’s control and/or the Ricoh Arena is required for the staging of a sporting, cultural or other entertainment event which shall be open to the general public, which event was not known by the Company to be staged at Ricoh Arena at the time of the Client booking and the staging of which event shall take precedence over the Client Event (in such circumstances the charges payable by the Client may be subject to abatement by a fair and reasonable apportionment); (b) The Client is in arrears with any payment due to the Company; (c) The Client has failed to fully pre-pay for the Event 14 days in advance of the stipulated cut-off date; (d) The Client is in breach of any of these terms and conditions and fails to rectify such breach within 7 days (or such shorter period as may reasonably be stipulated by the Company) of request so to do by the Company; (e) The Client becomes (or the Company has reasonable grounds to believe that the Client will become) insolvent or enters into liquidation or receivership or is subject to any similar process or is unable to pay its debts or (being an individual) is adjudicated bankrupt or dies. 5. Use of Contractors 5.1 The Company does not permit the use of any outside caterers by the Client and the Client shall not (nor permit any attendees at the Event to) bring any items of food or beverage into Ricoh Arena save with written consent of the Company. 5.2 Should the Client wish to hire a performing band or live act for their Event, it shall: (i) Obtain the Company’s written permission (ii) Only hire a performing band or live act that has public liability insurance to the value of £1 million to cover any death of or injury to any of the Company’s employees or any third party, or the loss of, or damage to the Company’s or any third party’s property resulting from the malfunction of their equipment and from their actions generally, and (iii) Indemnify the Company for any claims brought against the Company by its staff and/or a third party for breach of contract or negligence as a result of a performing band or live act’s actions and performances including without limitation any claim in an Employment Tribunal. 5.3 The Client shall use Ricoh Arena so that it is at all times maintained in a clean, tidy and safe condition and shall ensure that no person marks, soils or damages the structure or contents of Ricoh Arena nor obstructs an emergency exit or stairwell. 5.4 The Client must give adequate prior notice to the Company of any power requirements in respect of the Event (including requirements for ampage and 3-phase power) together with adequate prior notice of anything at the Event which may give rise to the setting off of smoke detectors (including the use of dry ice, smoke bombs, etc) and the frequency of any radio system that the Client or its contractors may wish to use in the operation of the Event. All temporary electrical installations must be provided by approved electrical contractors and comply with all relevant regulations. The Company may, at its sole discretion, require that any electrical equipment shall not be used and, if the Company thinks fit, may require such equipment to be removed from Ricoh Arena. 5.5 The Client shall ensure that no hazardous substance, article or equipment is brought into Ricoh Arena and the Company reserves the right to prohibit the use of radio transmitting or other equipment which the Company deems a danger or hazard to Ricoh Arena. 6. Numbers Attending 6.1 At the time of booking, the Client and the Company shall agree upon a Minimum Number (as stated in the front-sheet booking form) to which the Client, upon signing the booking form, is bound. 6.2 Charges to the Client will be based on that Minimum Number or the number actually attending if greater. 6.3 If the Client’s actual numbers are less than the agreed Minimum Number, the Company’s charge will nevertheless apply in full based on the Minimum Number. 7. Liability 7.1 The Company shall not be liable to the Client by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Services if such delay or failure is due to any cause beyond the Company’s reasonable control (including (without limitation) regulations, bye-laws, prohibitions of any kind on the part of any governmental or local authority, strikes, or other industrial or trade disputes, acts of God, national or local disasters, flood, fire, accident, sabotage, insurrection, civil disturbance, war, acts of terrorism or the threat of war or terrorism or any event causing the whole or part of Ricoh Arena to be closed to the public. 7.2 The Company does not accept liability for loss or damage to any object, equipment, furniture, stock or other property of any sort brought onto the premises by the Client or hired by the Company on the Client's behalf howsoever such loss or damage may occur unless as a direct result of the Company's negligence. All such property will remain under the care and control of the Client and is entirely at the Client’s own risk. 7.3 The costs of repairing any damage caused to the property, contents or grounds of Ricoh Arena by any of the guests/delegates of the Client must be reimbursed to the Company by the Client and the Client shall indemnify the Company accordingly. 7.4 The Client shall be liable for any loss, damage, personal injury or death arising out of or in connection with the Event, except to the extent that such loss, damage, etc. is caused by the negligence of the Company, its servants or agents and the Client indemnifies the Company against any claim brought against the Company in relation to any such matters. 7.5 The Company shall have no liability to the Client for any consequential loss to the Client arising out of or in connection with the provision of the Services pursuant to the contract formed by these terms and conditions (except in respect of death or personal injury resulting from negligence) and the total liability of the Company for any other loss of the Client shall not exceed the price payable by the Client for the Services. 7.6 The Client shall be responsible for the entire risk of damage to or loss at Ricoh Arena or any part thereof and shall forthwith upon arrival effect and shall maintain until termination of this agreement Comprehensive Insurance, including Public Liability and shall produce satisfactory evidence of such insurance to the Company on request. 7.7 All vehicles are parked at their owners own risk and Ricoh Arena can accept no responsibility in respect of loss or damage to vehicles. 8. General 8.1 In its advertising or publicity for the Event the Client (and any agency or other party acting for the Client) will: (a) make specific use of the name “Ricoh Arena” and will not vary that name in any way. (b) make specific reference to the part of the Ricoh Arena in which the Event is being held by using the established name for that part which includes the relevant sponsor’s name – and will not vary that name in any way. (For example, “The Client’s Classic Car Show being held in the Jaguar Exhibition Halls at the Ricoh Arena in Coventry). (c) not use the names “Letheby & Christopher” or “Compass” without the prior written approval of the Company. 8.2 The Company reserves the right to exclude or eject any persons from Ricoh Arena who it shall reasonably consider to be objectionable (including any person engaged by the Client to provide entertainment or perform any other duties at the Event). The Client will be liable for any liability arising thereby and shall indemnify the Company accordingly save where the Client establishes negligence or bad faith by the Company. 8.3 At the end of the Event the Client shall remove from Ricoh Arena any thing which the Client has brought into Ricoh Arena for the purposes of or in connection with the Event and shall ensure that all rooms used are clean, undamaged and free from rubbish. 8.4 If, in the opinion of the Company, the Client has failed to comply with clause 8.3 above, the Company may, in place of the Client but at the Client’s expense, do all that is necessary to comply with that clause. 8.5 No amendment or variation to this agreement shall take effect unless it is in writing and signed by a duly authorised representative of the Company. 8.6 The Client may not assign, transfer or sub-contract its rights and/or obligations under these terms and conditions without the prior written consent of the Company. 8.6 These terms and conditions shall be governed and construed in accordance with English Law and each party agrees to submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising. All details are correct at time of printing [Wednesday 22nd February 2006]. However, you may be advised of slight variations in specification and charges should circumstances dictate. The Client is requested to sign the front page of these terms and conditions to signify its receipt and acceptance of these terms and conditions and to return the completed form to Letheby & Christopher at [Ricoh Arena, Phoenix Way, Foleshill, Coventry CV6 6AQ]. Letheby & Christopher, Hospitality Caterer at Ricoh Arena [Phoenix Way, Foleshill, Coventry CV6 6AQ] Tel: [0870 811 6500] Fax: [024 7623 6628] We operate a complete non smoking policy at the Ricoh Arena in all hospitality/conference rooms which also includes the use of the Jaguar Exhibition Hall.