1 a. “FUNCTION DATE” means the date of the function; shown overleaf, within the required Hire Period.
b. “HIRE CHARGES” means the amount agreed for the hire of the Barn for the Hire Period as stated overleaf and inclusive of VAT.
c. “HIRE PERIOD” means the weekend period of hire agreed.
d. “HIRER” means the person(s) hiring the premises.
e. “OWNER” means Mrs Pam Pluck, Foxearth Hall Barn Foxearth, Sudbury, Suffolk, CO10 7JH
f. “PREMISES” means Foxearth Hall Barn Foxearth, Sudbury, Suffolk, CO10 7JH and the surrounding designated area.
2. The Hirer will pay a non-refundable booking fee of £500.00 at the time of booking. A contract for the hire of the Premises will not exist until the Owner is in possession of cleared funds for the booking fee and a booking form signed by the Hirer, and where the Hirer is the bride and groom, signed by each of them (unless otherwise agreed by the Owner). The Owner will confirm the formation of the contract in writing to the Hirer.
3. The Hirer shall pay the balance of the Hire Charge not later than 8 weeks before the contractual hire date.
Conditions of Hire
4. The Hirer shall have access to Foxearth Hall Barn for the Hire Period. Use of the heating system, electricity and furnishings are included in the Hire Charge.
5. The Hirer shall pay the Owner for any damage caused to the fabric or surrounds of the Premises by the Hirer or by persons attending the Premises with the permission of. or at the invitation of, the Hirer.
6 The use of confetti, or equivalent, within the Barn is strictly forbidden. The use of confetti outside is permitted only if the confetti is biodegradable. It is the Hirer’s responsibility to inform guests of these conditions.
7. The Hirer is responsible for the conduct of all guests, agents, contractors or employees attending the Premises.
8. Except as set out in clause 9 below and in the case of fraudulent misrepresentation, for which no limit shall apply, the Owner’s liability to the Hirer or any person attending the Premises with the permission of, or at the invitation of, the Hirer, is limited to any direct loss or other loss within the reasonable contemplation of the parties at the time of creation of the contract for the hire of the Premises and will be limited to the value of the Hire Charge.
9. The Owner does not exclude liability for death or personal injury caused by the Owner’s negligence.
10. Persons attending the Premises at the invitation or with the permission of the hirer approach the waterside at their own risk. Children should be supervised at all times.
11. The Hirer is to leave the Premises in the condition that it was found.
12. The Hirer and the Hirer’s guests must vacate the premises promptly at midnight.
15. The Hirer is not permitted to self-cater the function.
16. The Hirer must select a caterer from the approved by the Owner. Should the Hirer have an evening buffet, the same caterer must be used.
17. The Hirer must enter into a contract for the supply of catering directly with the caterer.
18. A member of the catering staff must remain for the duration of the function to clear tables and to leave the kitchen facilities in the condition they were found.
19. To comply with the Licensing Act of 2003, the Premises has a Premises Licence which covers regulated entertainment indoors only and the provision of alcohol.
20. Music must stop at 11.45pm; the Hirer must ensure that any entertainer engaged by the Hirer is aware of this requirement.
21. It is the responsibility of the Hirer to ensure that any electrical equipment used on the Premises has the appropriate safety certification. If the Owner considers that the equipment is unsafe the Owner reserves the right to disconnect the power supply.
22. Use of any other services eg Fireworks must be cleared with Owner.
23. Firework displays must be completed by 10.00pm and are to be “low noise”.
24. The use of Chinese lanterns is not permitted.
25. The Hirer must ensure that any entertainer has public liability insurance.
Equipment and Property
26. Any property of any nature brought onto the Premises by the Hirer, his employees, contractors, agents or guests is at the Hirer’s risk. The Owner accepts no liability for loss or damage to such property. In particular, the Hirer is advised to remove all wedding presents following the function, as the Owner cannot accept any items for safe keeping.
27. If the Owner cannot perform any part of the contract with the Hirer due to any events or circumstances which are unforeseen, unavoidable or outside the reasonable control of the Owner, the Owner shall have the right to cancel the contract with the Hirer, and the Owner’s liability shall be limited to the return of any payments received from the Hirer, or on the Hirer’s behalf.
28. Cancellation by the Hirer must be made in writing and will only be permitted without charge if written notice of the cancellation is received by the Owner more than 12 calendar months prior to the Function Date. The booking fee, however, is non-refundable. Cancellation within 12 calendar months will be subject to the following charges:
Cancellation Date Charge
a) between 6-12 calendar months prior to function date: 25% of balance of Hire Charge
b) between 2-6 calendar months prior to function date: 50% of balance of Hire Charge
c) less than 2 calendar months prior to function date: Full balance of Hire Charge. Should the Function Date be resold, a refund of the cancellation charge will be given.
29. Where a prospective Bride and Groom have both signed the contract they are jointly and severally liable for payment of invoices and any cancellation charges.
30. The Hirer hereby acknowledges that in entering into this contract the Hirer has not relied upon representation or matter other than as expressly set out in this contract.
31. This contract is governed by the laws of England and Wales.