This Agreement is for a ceremony/wedding reception and evening party (delete or edit as appropriate).
Taking place on (insert Date).
This Agreement covers the exclusive hire of The Barn (& Gardens – available for 2/3 hours for Reception & Photography on Wedding Day).
to include a set-up day on (insert date here),
the Wedding Day (Insert date here) until midnight with soft closing/carriages by 12:30am,
and then clear down (insert date here) until midday.
THE HOLFORD ESTATE TERMS AND CONDITIONS
The definitions and rules of interpretation in this clause apply in these terms.
Company/We/Us/Our: The Holford Estate, Chester Road, Nr. Knutsford, Cheshire, WA16 OUA
Client/You/Your/Yourself: the person(s) entering into this contract for the provision of services pursuant to these Terms and Conditions
Booking: an exclusive short-term license to occupy the Venue entered into by You and which is accepted by Us in accordance with these Terms and Conditions
Date: the date reserved on which You and Your Guests will attend the premises for the Event being held
Venue/Premises: the venue and premises where the Event will take place, comprising of The Barn and its respective terrace and adjoining field, and The Gardens
Reservation Fee: the non-refundable sum of £1,500 paid by You to secure the Date(s) that you have reserved
Event: Your special event/celebration being held at the Venue on the Date
person who will be attending Your Event
Venue Hire Fee: the total amount that You agree to pay to Us in respect of Your Booking
Payment Schedule: A detailed breakdown of the Venue Hire Fee with the due dates by which You agree to make the payments
Particulars: the specific details relating to You Event
Supplier: any third-party offering services at the Venue or in relation to your Booking (e.g. registrar services, catering, flowers, design, music and entertainment etc.)
Hire Additions: Any additional hires that You agree to as part of your Event which will incur an additional fee.
1.1. These Terms and Conditions govern any Booking You make with Us and govern any liability we may have in relation to the Booking.
1.2. This Agreement covers the exclusive hire of the Venue subject to the Particulars please refer to Clause 4 for more details on exclusivity.
1.3. In addition to these applicable Terms and Conditions, any Supplier You may use may have its own applicable terms which govern its products and/or services. Please ensure you have read any relevant additional terms to ensure they are acceptable to you and meet your requirements before entering into a booking with them. We are not responsible for any third-party contracts which you make with Suppliers (caterers, entertainment etc.) and those contracts are made strictly between You and the third-party Supplier.
1.4. You must be at least 18 years old to make a Booking
1.5. No variation to these Terms and Conditions shall be binding unless agreed in writing between both parties
1.6. We may at any time assign, transfer, charge, sub-contract or delegate in any manner any or all of its obligations under the Contract to any third-party or agent
1.7. Where the Client is made up of more than one person or entity, those persons or entities constituting the Client shall be jointly and severally liable under the Contract.
1.10. The Holford Estate operates a security and surveillance system at the Venue for the purpose of safeguarding the Client and any Guests, as well as safeguarding the Venue. Data will only be stored for the purposes of the Venue and Event.
2. Making your Booking
2.1. If you want to book your reserved date and enter into a contract with Us, You will be required to pay the Reservation Fee. If you do not pay the Reservation Fee by the expiry of the 7-day period then We shall be entitled to release Your reserved date at Our absolute discretion and without any liability on Our part.
2.2. On execution of the Contract the Client shall be entitled to a cooling-off period of 7 days only, in which they may cancel the contract for a refund of the Reservation Fee. Any cancellation of the contract after the 7-day cooling-off period will be subject to Clauses X & Y.
2.3. Except in the event that We fundamentally breach the agreement with You, the Reservation Fee shall be non-refundable in order to cover our administration costs and any initial work undertaken.
3.1. You agree to pay the Reservation Fee, in accordance with these terms, in consideration for which We agree to provide the services specified in these terms
3.2. You agree to pay the Venue Hire Fee by way of the Payment Schedule (see end of contract).
3.3. You agree to pay all invoices for any Additional Hires You have chosen for Your Event.
3.4. If You fail to pay any Scheduled Payments due under these Terms and Conditions on the due date for payment and You remain in default not less than 7 days after being notified in writing to make such payment, We reserve the right to terminate the contract.
3.5.If you cancel Your Booking any refunds for monies paid will be subject to Clauses 15 & 16
4. Use of the Premises
4.1. In consideration of the payment by You for the hire and Your compliance with these terms and conditions We grant You and Your Guests an exclusive license to use the premises on the Date. This license only allows You and the Guests to use the Venue for lawful and proper activities connected with the Event
4.2. This license will last only for the Date and any period expressly permitted by Us for You to perform any preparatory work setting up for the Event prior to the Date
4.3. We shall be entitled to refuse entry to the Premises to any Guest or to ask You or any Guest to leave the Premises if, in our reasonable opinion and rights, You or any of Your Guests are acting in any manner which we deem inappropriate to include damage from or to animals living on the estate
4.4. The Holford Estate is booked for events on an exclusive basis and there will be no other events held on Your Date. However please note there may be viewings up until 3 hours prior to Your Event starting
4.5. We have the right to enter the Premises on the Date(s) but in doing so will exercise those rights in a manner not to be inconsistent with the use of the Premises and causing as little disturbance as possible
4.6. Please be aware that The Holford Estate is our family home and we live here all year. Although we will not hire out any areas of the Venue on the Date(s) we cannot guarantee that no one else will be present on the grounds on the Date but we do endeavour to ensure that any such person(s) are not in the same areas as Your Guests at the same time
4.7. Exclusivity relates to the areas of the Venue described in the Particulars and not the whole estate, if any part of the package (for example The Mill) is not taken at the time of booking, it will be released on general sale to the public
4.8. Smoking and vaping is prohibited everywhere on the Premises except for the designated external smoking areas which can be identified on external signage
4.9. The use of fireworks/Chinese lanterns is prohibited anywhere on the Premises
4.10. The use of biodegradable confetti is restricted to certain areas of the Holford gardens
5. Our obligations to you in respect of the Premises
We undertake with You:
5.1. To give access to the Premises, its fixtures, fittings and furniture contained therein, on the Date to You and Your Guests (up to a maximum of the number that you have notified us of – see clause 6.9) free from obstructions and in good condition
5.2. The furniture mentioned in clause 5.1 will include seating for up to 120 people (including You and your Guests), any additional seating will be charged for
5.3. To comply with the Applicable Laws and the rules and regulations of any local or other competent authority where a breach of which would restrict or prevent the staging of the Event
6. Your obligations to Us in respect of the Premises
You undertake with us:
6.1. To pay all fees in accordance with the Payment Schedule
6.2. To use the Premises only for the purpose of staging Your Event.
6.3. Not to use the Premises or any part of it for any activities which are dangerous, offensive, noxious, illegal or immoral or which are or may become a nuisance to Us or our neighbours, or other Persons attending at the Premises
6.4. Not to do anything which might invalidate any insurance maintained by Us in respect of the Premises or which might increase the insurance premium payable for the Premises
6.5. To observe all applicable Laws, Licences and the Regulations relating to the use of the Premises for staging the Event. We will as best we can and upon Your re
6.6. Not to park on or obstruct the access ways to the Premises
6.7. Not to make any alterations or attachments or additions (including decoration) to The Premises without Our prior written consent
6.8. To use Your best endeavours to ensure that Your Guests behave in an appropriate Manner
6.9. To confirm final Guest numbers no later than 21 days prior to the Date.
6.10. During Your Event, security may be required and will be arranged by Us on Your behalf and is chargeable to You. You agree to indemnify Us against any claims by third parties and or losses or damages arising in connection with the arrangement of security services by Us.
6.11. Should the nature of Your Event be deemed by Us (at our absolute discretion) to require additional security, this shall be chargeable over and above the Venue Hire Fee as an Additional Hire.
7. Premises as a Grade II Listed building
7.1. You recognise that the Premises is a Grade II* listed building and that, from time to time, some remedial and/or restoration work may be required to ensure that the Premises is maintained to the standard that is commensurate to a Grade II* listed building. If building work is required then We shall endeavour to keep any disruption to a minimum. This clause is subject to the conditions laid out in Clause 14 covering Force majeure.
8. Damages, breakages, theft and guest behaviour
8.1. You are responsible if We suffer any loss as a result of (i) any breakage or damage at the Venue (excluding fair wear and tear), whether to the Venue itself, to any fixtures, decorations, articles or any other property belonging to the Venue or Us, or to any marquee extensions or lighting not belonging to Us but that we have arranged as an Additional Hire; or (ii) theft of any items from the Venue, by You, any of Your Guests or by any of Your Suppliers, or by any employee or officer of Your Supplier, and You agree to indemnify the Us in respect of any such loss except to the extent that such damage is a result of Our negligence or wilful misconduct.
8.2. You are required to provide your card details on the set-up day (day prior to the Date) to pay a security retainer of £1000.00 against any damages to the Venue and its property. This includes all areas of the wedding facilities and the fixtures or fittings therein. This will be refunded 7 days following the Date provided all areas have been left in good condition. In the event of any damage You will be responsible for full reimbursement to Us. This applies even if such damage is the fault of a Guest or sub-contractor. Any damage must be reported and recorded to a member of the Venue staff on duty immediately. Where loss or damage occurs, items lost or damaged shall be replaced on a new for old basis. Where any damage exceeds £1000.000, We reserve the right to make an additional charge to You for such loss or damage and You agree to pay any such additional charge notified to them within 7 days of the Date.
8.3. You are responsible for Your and Your Guests’ and Your Suppliers’ behaviour. While your Event is likely to be a celebration, we operate a zero-tolerance approach towards the possession and/or use of illegal drugs, illegal gaming or betting, violence and drunken, abusive or threatening behaviour (both verbal and physical) and we expect all our staff to be treated with respect. If We or Our representatives have reason to believe that You, Your Guests’ or Your Suppliers’ behaviour is unacceptable, dangerous or unlawful, We or Our representatives will at Our absolute discretion be entitled to take such action against You, Your guests or Your Supplier (as the case may be) as may be necessary to prevent such behaviour continuing and in order to safeguard our staff, including taking any action necessary to comply with the licensing laws, regulations or conditions or any planning conditions governing the use of the Venue.
8.4. No food, wine, beer or spirits may be brought into the Venue by the You or Your Guests, for consumption on the premises
8.5. We will not accept responsibility or liability in respect of any damage to or loss of any goods, articles or personal property (including cars left overnight), or property of any kind brought into or left at the Venue either by You, any of Your Guests, Suppliers, except to the extent that such damage or loss is due to Our negligence or wilful misconduct. It is Your sole responsibility to inform Your Guests of the application of this clause.
9. Health and Safety
9.1. You must comply with all requirements of Health and Safety regulations in relation to any features of Your Event which are special or unique to the Event
9.2. If You are supplying your own entertainment or equipment or that of third parties, You must ensure that all electrical equipment to be used during the Event must be fully PAT Tested. All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.
9.3. The Venue has a lot of open water on and around the grounds (e.g. moat, river), we would like to highlight the safety of Guests, especially children and vulnerable persons.
10.1. You may bring animals onto the premises only where you have previously disclosed this with Us and been given prior permission. Permitted animals must be kept on a lead at all times.
10.2. Your Guests are not permitted to bring animals to the Venue under any circumstances, except for Guide dogs.
10.3. We have horses and dogs onsite at the Venue, please be aware they are not for petting and Your Guests are not permitted onto the yard area where the horses are kept. These areas will be fenced off as private areas onsite as We endeavour to protect You and Your Guests
11. Children and vulnerable adults
11.1. Children and vulnerable adults are very welcome at The Holford Estate. However, we request that you do not leave them unaccompanied (especially around the animals previously mentioned in clause 10) and to be aware of water and uneven surfaces. Parents or guardians are responsible for the safety of children and vulnerable adults at all times.
11.2. We reserve the right to ask parents of unsupervised or disruptive children to remove them from the premises.
11.3. We request that a professional adult or creche service is made responsible in the event there are more than 10 under 12-year olds attending Your Event.
12.1. We are not responsible for any third-party contracts which you make with Suppliers (caterers, entertainment etc.) and those contracts are made strictly between You and the third-party Supplier.
12.2. All third-party Suppliers who require to be onsite during the Event (whether that be for set-up or on the Date) must be approved by Us to ensure safeguarding
12.3. All marquee extensions and lighting must be arranged through Us. Our standard marquees cover up to 120 people, for any additional capacity a larger sized extension will be necessary and will be chargeable to you as an Additional Hire.
12.4. All performers engaged by You to perform at the Event must be in possession of public liability insurance up to the value of £2,000,000. Our onsite staff will have total authority to instruct live acts to operate, or cease to operate, as they see fit.
13. Limitation of Liability
13.1. Nothing in these terms shall limit or exclude Our liability to You for death or personal injury resulting from Our negligence fraud or fraudulent misrepresentation
13.2. Subject to clause 13.1 You and Your Guests use the Venue at your own risk and We will not be liable:
13.2.1. For the death of or injury to any person arising under or in connection with the use of the Venue pursuant to this Contract/for Your Event, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by You in the exercise of the rights granted by these terms and conditions
13.2.2. For any loss or damage caused by Us in circumstances where we have not breached any legal duty owed to You nor shall we be liable to You for any loss or damage which is not a foreseeable result of any breach We may commit. Loss or damage is foreseeable if it is an obvious consequence of Our negligence or breach of contract, or would have been considered by You and Us to be a likely consequence of it at the time We entered into these Terms and Conditions
14. Force Majeure
14.1. If by reason force majeure, (as defined below in Clause 14.2) either party is (or is expected to be) prevented, delayed, or substantially hindered from performing their obligations under these terms then both parties shall be entitled at any time thereafter to withdraw from this contract by notice in writing to the other.
14.2. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, these events include: (a) strikes, lock-outs or other industrial disputes at a national level or by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works; (b) riot, war, hostilities, acts of terrorism, civil war, rebellion, requisition or compulsory acquisition by any governmental or competent authority; (c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; (d) acts of God, earthquakes, flood, storm, hurricane, fire, sinkholes or other physical natural disaster; (e) pandemics, epidemics and quarantine; (f) compliance with any law or governmental order, rule, regulation or direction; (g) failure of a utility service, or interruptions or problems occurring from government gas, fuel or pressure pipelines ; (h) failure of a construction company in the surrounding area; (i) theft, burglary or malicious acts of third parties; and (j) any other events including emergencies and non-emergencies
14.3. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
14.4. In the event of cancellation or suspension pursuant to clause 14 the parties agree to use all reasonable endeavours to agree on a suitable and mutually agreeable revised date. In the event that a suitable replacement date cannot be found and the contract is therefore terminated, both parties agree that they shall not be liable to the other for any loss which they may sustain in any such cancellation or suspension. Both parties shall, in the event of cancellation, be under no liability to the other in respect of any future obligations under the contract and in the event of suspension shall be relieved of such obligations under the contract for the period of such suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued under the contract from the date of commencement of such cancellation or suspension.)
14.5. In the event of cancellation pursuant to this clause we shall repay to You the monies you have paid to Us with a deduction being made in respect of our reasonable costs incurred up to and including the termination date.
15.1. We shall be entitled to terminate the contract in the event that any monies due and payable have not been paid on the due dates for payment and those sums remain unpaid for seven days after We have written to You asking for payment to be made
15.2. Either party shall be entitled to terminate the contract forthwith on notice in the event that the other party
15.2.1 Substantially fails to perform and observe all or any of the obligations on its part contained in the contract or
15.2.2 Enters into liquidation, whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company), or has a receiver, administrator or administrative receiver appointed or if enters into liquidation, whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company), or has a receiver, administrator or administrative receiver appointed or if You are declared bankrupt or You make any arrangement with or for the benefit of Your creditors or You are declared bankrupt or You make any arrangement with or for the benefit of Your creditors or you have a county court administration order made against You
15.3. Any termination of this Agreement shall be without prejudice to any rights or remedies that may have accrued to either party
15.4. In the unlikely event (and where You are not in breach of these Terms and Conditions) that it is necessary for Us to cancel Your Booking, We will notify You as soon as possible and We shall endeavour to offer You alternative like-for-like dates for no extra cost, subject to Your approval. In the event that no alternative dates are available or You do not accept the alternative dates offered in accordance with this clause 15.4, then we will refund you any and all Scheduled Payments that have been made (not including the Reservation Fee)
16. Consequences of Termination
16.1. Any cancellation or termination must be submitted in writing and will be effective on the date they are received by Us
16.2. In the event that the Event is cancelled by You for whatever reason, except because We have committed a fundamental breach, We agree to use Our reasonable endeavours to mitigate our losses and reallocate the event Date that You have chosen in an attempt to reduce the amounts payable by You. However, You recognise that it will not always be possible to reallocate to Your chosen Date. If the event date were to remain vacant following cancellation, We will not only have lost out on the payments You were to make pursuant to these terms but also, amongst other things, on the opportunity of revenue from accommodation and drinks sales, as well as any supplies/stock We have already purchased for your Event. In those circumstances Our proper measure of damage is our loss of the payment of the Venue Hire Fee per clause
16.3, plus the loss of net profit that we would have expected to make on the day itself, plus the loss incurred from any stock already purchased
16.3. If the Event is cancelled by You except because We have committed a fundamental breach of this contract and from you We have been unable to reallocate the Date, We will be entitled to the following payments calculated as a percentage of the Venue Hire Fee, these payments will be payable within 21 days of the date upon which the You notify Us of the cancellation:
16.3.1. For cancellations made at any time the Client shall forfeit the Reservation Fee
16.3.2. In addition to 16.3.1 above, for cancellations made more than 12 months before the Date the Client shall pay 20% of the Venue Hire Fee, plus any Hire Additions
16.3.3. In addition to 16.3.1 above, for cancellations made fewer than 12 months but more than 6 months before the Date the Client shall pay 40% of the Venue Hire Fee, plus any Hire Additions
16.3.4. In addition to 16.3.1 above, for cancellations made fewer than 6 months but more than 6 weeks before the Date the Client shall pay 80% of the Venue Hire Fee, plus any Hire Additions
16.3.5. In addition to 16.3.1 above, for cancellations made fewer than 6 weeks before the Date the Client shall pay 100% of the Venue Hire Fee, plus any Hire Additions
16.4. The parties agree that the provisions of this Clause 16.3 reflect a genuine attempt by the Company to estimate the loss and damage We will suffer in the event of a cancellation by You
17. Promotional Materials
17.1. Unless notified in writing We reserve the right to use any material (photographic or video) shot by guests &/or professional photographers and to take Our own promotional photos & videos which You agree to being used at any time either online, through our website, via our Facebook, Instagram & Twitter pages, and/or through printed media.
18.1. If any provision of the contract shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provision of this agreement which shall remain in full force and effect
18.2. If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some art of the provision were deleted, the provision in question shall apply with such modifications as may be necessary to make it valid and enforceable
19. Rights of third parties
19.1. A person who is not a party to this Agreement many not rely upon or enforce any rights pursuant to the Contracts (Rights of Third Parties Act 1999)
20. Governing law and jurisdiction
20.1. This agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales whose courts are the courts of exclusive jurisdiction
Additions to be noted.
It is strongly recommended that Wedding Insurance is taken out at the time of booking.
The Holford Estate by law is not allowed to give guests medicated drugs for example painkillers and antihistamines; we do strongly advise that you provide these in your wedding kit as your guests will be totally responsible for any side effects that may occur.
Your guests parked cars must be collected before 12 midday the day after your event date. Otherwise a penalty charge will commence at £30 per day [per car] thereafter.