Off The Cuff Live Music Bar & Venue
301-303 Railton Road
London SE24 0JN
1.1 "MEMBER" means the person or company who is named on the Positive Networking Application For Membership form and for whom, following acceptance by Positive Networking Ltd (‘The Live Music Bar’), The Live Music Bar has agreed to provide services to, in accordance with these terms.
1.2 "MEMBERSHIP" means the period of time when a Member is contracted to The Live Music Bar.
1.3 "REGISTRATION FEE" means the one-off payment made by the Member to The Live Music Bar to cover initial administration and membership costs.
1.4 "CONTRACT TERM" means the initial 12 month period from the date when the Full Member signs the Application For Membership form.
2 Agreement to these Terms
When applying for membership of The Live Music Bar, the Member confirms that it has read and agrees to be bound by these The Live Music Bar Terms and Conditions. Upon membership being accepted, the Member will be provided with its own copy of The Live Music Bar’s Terms and Conditions and they should be retained for future reference.
3 Supply of the Specified Service
3.1 The Live Music Bar shall provide the Specified Service to the Member subject to these terms.
3.2 The Live Music Bar shall use its reasonable endeavours to provide the Specified Service
within the advertised times.
3.3 The Live Music Bar may at any time without notifying the Member make any changes to the
Specified Service which are necessary to comply with any safety or other statutory
requirements and/or which do not materially affect the nature or quality of the Specified
3.4 Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by The Live Music Bar in advance of those changes taking place via the online forum.
4 Contract Term and Payments
4.1 Membership of The Live Music Bar is for an initial Contract Term of 12 months from the date of signing the application form. A one-off Registration Fee is due on that date of £35.
4.2 Following the expiry of the Contract Term, membership and payments will continue until either party terminates in accordance with these terms.
4.3 All charges quoted to the Member for the provision of the Specified Service are exclusive of VAT, for which the Member is liable at the prevailing rate, and these must be paid without deduction or set-off.
5 Warranties and Liability
5.1 The Live Music Bar warrants to the Member that the Specified Service will be provided using
reasonable care and skill as far as reasonably possible. Where The Live Music Bar uses the service of any agent or third party (such as speakers at events) The Live Music Bar does not give any warranty, guarantee or indemnity in that respect.
5.2 Except in cases of death or personal injury caused by The Live Music Bar’s negligence, The Live Music Bar shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of The Live Music Bar or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of The Live Music Bar under or in connection with the Specified Service shall not exceed twice the amount of The Live Music Bar’s charges for the provision of the Specified Service, except as expressly provided in these Terms. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.
5.3 The Live Music Bar shall not be liable to the Member or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of The Live Music Bar’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond The Live Music Bar’s reasonable control, and time shall not be of the essence.
6 Termination of Membership
6.1 The Member may terminate the contract by giving 3 month’s written notice to The Live Music Bar. If notice is given during the Contract Term, the Member remains liable for the Monthly Payments for the remaining period of the Contract Term.
6.2 Either party may at any time terminate the contract by immediate written notice if the other commits any material breach of these terms or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
6.3 Upon termination of this contract for whatever reason all sums owed by the Member to The Live Music Bar shall become due and payable by the Member with immediate effect.
6.4 For the avoidance of doubt, if the Member breaches any of the terms of membership, the Membership Subscriptions Guarantee (clause 8) becomes null and void.
1. Your contract is with us, Off The Cuff, Arch 645, 301-303 Railton Road, London SE24 0JN
2. We appreciate that on occasions someone else (such as a parent) may wish to make payments due to us on your behalf. We are happy to accept such payments, but please note that unless we agree otherwise with you in writing you are legally responsible for any payments due to us.
Making your booking
3. We may agree to you making a provisional booking with us, but this is not legally binding on either you or us unless and until a contract is entered into in accordance with paragraph
4. If, after receiving our quotation for your booking, you want to continue with a booking with us, you should within 28 days of the date of our quotation return your signed booking form and pay a deposit of 50% of your hire charge. Payments can be made in cash, by BACs/account transfer or by most credit/debit cards. Please note that your deposit will not be refunded if you subsequently cancel a confirmed booking, as explained in paragraph 25 below. No booking application shall be binding on us and no contract shall be formed unless and until we receive the booking deposit fee.
5. The general content of your booking shall be as set out in your quotation, or as otherwise subsequently agreed with us in writing. We may finalise certain details of your booking (for example, the exact numbers of guests to be catered for, and the menu for meals, music or security staff) with you in the period leading up to your booking, in accordance with these terms.
6. As part of your booking, the public areas of the main arch(s) at the venue and its front area will be hired to you, for the period set out in your quotation. We will not hire out the public areas of the main arches or its front area to anyone else during this period, but we cannot guarantee that no one else will be present in these areas at the same time as you and your guests. For example, our reception staff in the main arch may deal with other customers and enquiries from potential customers, and we cannot prevent other people from accessing the front area & arches for set up reasons.
7. The price of your booking shall be as set out in your quotation.
8. If not all components of the price in the quotation are stated to be fixed (for example, because they depend on the number of guests to be catered for), the final price will be determined either in accordance with the quotation (for example, the charge "per head" for meals/cocktails) or as otherwise agreed with us (for example, if there are any "extra" services not set out in the quotation which we subsequently agree at our discretion to provide to you).
9. All prices are exclusive of VAT. However, if the rate of VAT changes between the date the contract is formed between you and us and the date of your booking, we will adjust the VAT you pay (and hence the overall price of your booking), unless you have already paid for your booking in full before the change in the rate of VAT takes effect.
Payment of balance
10. We will invoice you for the total price of your booking (less any deposit paid) approximately 7 days before the scheduled date of your booking. You must pay our invoice in full no later than 72 hours from the date of the booking.
Cancellation by you
1. If you want to cancel a confirmed booking, you must do so in writing.
2. Your booking deposit will not be returned if the booking is cancelled within 28 full business days prior to the event
Cancellation by us
11. We reserve the right to cancel your booking without liability to you and without any obligation to refund your deposit if:
(a) you do not pay us the balance of your booking price by the date due for such payment; or
(b) we have reasonable grounds to believe that you may not pay us the balance of your booking price by the due date and we have requested you to explain the position and you have not done so satisfactorily; or
(c) we discover, before you have paid the balance of your booking price, that you have deliberately concealed information, or deliberately given us incorrect information
(d) we have reasonable grounds to believe that your behaviour or that of your guests at the booking is likely to result in damage to the venue or to our property and/or injury to people.
Events outside our control
12. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (such as serious damage to the venue, serious adverse weather conditions, a pandemic or epidemic, or interruption or failure of utility services such as electric power, gas or water). In these circumstances, we shall use every effort to notify you as soon as is reasonably practical. If, as a result of such events, we believe we have no alternative but to cancel your booking, we shall use reasonable endeavours to help you find an alternative venue of a similar standard for a similar price but our sole liability to you shall be to refund you any money you have paid towards your wedding package.
Changes to the venue and/or your wedding package
13. We reserve the right to make changes to the interior and/or exterior of the venue between the time we accept your booking and the date of your booking. For example, we may make changes to the décor and colour schemes of function arches, and we cannot guarantee that the venue and its surrounds will be free from additional structures (such as marquees or scaffolding).
14. We will notify you of any significant changes, but unless the change is one which is likely to fundamentally change the nature of your booking experience we will not offer a refund, costs or compensation.
15. If only one person is making the booking, that person confirms that s/he has the authority to make the booking on behalf of both persons intending to be married. Our contract will therefore be with both such persons.
16. Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
17. You may not transfer any of your rights or obligations under our contract with you to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the contract to another organisation, but this will not affect your rights under these terms.
18. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. No person who is not a party to our contract with you shall have any rights under or in connection with it.
20. These terms shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.
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