Cake & Yoga Club Studio Hire Terms & Conditions
Background:
These Terms and Conditions shall apply to the hire of Cake & Yoga Club (“the Venue”) by customers who are hiring the Venue for private, non-commercial purposes.
Information about Cake & Yoga Club
Cake & Yoga Club, owned and operated by Imogen May who is a Sole Trader.
The Contract
These Terms and Conditions govern the hire of the Venue by us and will form the basis of the Contract between us and you. Before completing a booking, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification by emailing hello@cakeandyogaclub.com.
Nothing provided by us including, but not limited to, sales and marketing literature, pricing and other documents constitutes a contractual offer capable of acceptance. Your booking constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract between us and you will be created upon our acceptance of your booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.
We shall ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, save for where such information is already apparent from the context of the transaction:
The main characteristics of the Venue;
Our identity (set out above in Clause 2) and contact details (as set out below in Clause 23);
The total Price for the Venue Hire including taxes or, if the nature of the Venue Hire is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
The arrangements for payment, performance and the time by which (or within which) we undertake to perform our services;
Our complaints handling policy;
Where applicable, details of after-sales services and commercial guarantees; and
The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
Booking Requests and Bookings
All Bookings will be subject to these Terms and Conditions.
You may change your Booking at any time up to 14 days before the start date of the Hire Term by contacting us. Please note that while we will use all reasonable endeavors to accommodate any changes requested, we cannot guarantee the availability of the Venue on any dates that you have not already reserved with a Booking as the Venue may already have been reserved by another customer for that/those date(s). If you change your Booking less than 14 days before the start date of the Hire Term, you will be required to pay a new Deposit, reflecting our lost opportunity to hire the Venue out to other customers. Requests to change Bookings must be made and confirmed in writing.
If your Booking is changed, we will inform you of any change to the Price in writing. If the change results in an increase in the Price, we will not proceed with the change without your acknowledgement and agreement.
Once your Booking is made and your Deposit has been paid in accordance with Clause 5, the Venue will be reserved for you for the agreed Hire Term, subject to these Terms and Conditions.
You may cancel your Booking Request within 7 days of making it. If you have already made any payments to us (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation. [If you request that your Booking be canceled, you must confirm this in writing.] If you wish to cancel the Venue Hire after this time period, or once the Hire Term has begun, please refer to Clause 22.
Price and Payment
The Price for the Venue Hire will be calculated by the hour of studio use (this includes set up time), you will be provided 15 minutes grace at the end of hire for pack down.
Our Prices may change at any time but these changes will not affect Booking Requests that we have already accepted.
All Prices include VAT. If the rate of VAT changes between the date of your Booking Request and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
In certain circumstances, if your Booking is canceled, you may be entitled to a refund. Please refer to Clause 22 for details.
Use of the Venue
You are permitted use of the Cake & Yoga Club studio only. Please do not allow guests outside of the studio space unless visiting the bathroom - we do not have permission to spend time in the open space unless this is agreed beforehand. If you need additional storage for belongings, please email beforehand and we can arrange a designated space with landlord approval.
If you wish to supply and use any additional equipment such as signage, lighting or similar for your Event, such equipment may only be used in such a way that does not require any destructive fixing to the structure of the Venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.
You may not, at any time, have gas cylinders in the Venue nor any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous without our express written permission.
You may not, at any time, allow live animals into the Venue without our express written permission. Such permission should be sought no later than 7 days before the start date of the Hire Term. This prohibition does not include guide dogs for the blind, which are permitted at all times.
Except where it is permitted under the provisions of the Hypnotism Act 1952, you may not permit any hypnosis to take place during the Event.
You may not at any time use candles or other lighted flames inside the Venue without our express written permission. Such permission should be sought no later than 7 days before the start date of the Hire Term.
No sale of goods may take place during the Event without our express written permission. Such permission should be sought no later than 7 days.
Health and Safety
Any and all electrical equipment that you wish to use 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.
We have the right to inspect electrical equipment at any time during the Hire Term for compliance with sub-Clause 7.1 and we shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Venue.
The Venue has a total of 12 electrical sockets. A maximum of 6 of those sockets may be used simultaneously at any given time. .
We will make you aware of all fire exits and fire equipment prior to the start of the Hire Term. All fire exits and access thereto must remain completely unobstructed. All signs for fire exits and equipment must remain as prominent and visible as they are when the Venue is unoccupied. Fire equipment must not be moved from its present location unless being used for its intended purpose.
A maximum of 30 guests and 1 staff are permitted in the Venue at any given time. We have the right to inspect the Venue at any time during the Hire Term and we shall request the removal of any number of persons in excess of the numbers stated above.
Access to the Venue
You will be provided with a plan of the Venue showing access points. The loading and unloading point is located at the front of The Sawmills Building. Once unloaded, please park in designated areas and provide us with your registration number.
Parking facilities are available for guests. There are limited parking spaces, with five to the left hand side of The Sawmills building and in front of the building.
Staff
Staff for the Event will be provided by us and will be responsible for overseeing emergency procedures and support through the Hire Term. Our staff member will be there to welcome you, open and close the venue.
Disability Provision
Wheelchair access is unfortunately not provided at the Venue.
Good Order and Nuisance
You will be required to keep all guests under a reasonable level of control. This obligation extends to noise levels, general behavior and sobriety. This obligation also applies to other individuals such as performers that you may hire and that are not under our control or responsibility.
Noise must be kept to a reasonable level at all times. You must ensure that no noise escapes the Venue.
Please leave the space as you found it, disposing of rubbish in the bins provided located by the kitchenette.
Recording and Broadcasting
No recording of sound or video for commercial reasons will be permitted during the Event without our express written consent. Please note that this does not prohibit filming by a professional paid by you to film your Event in the course of their normal business.
Films
You may show films during the Event provided any such shows are given in accordance with the provisions of the Cinemas Act 1985. Under that Act, you must provide at least 7 calendar days’ written notice to us of your intention to show a film.
Where a projector is to be used for showing the film a clear area of at least 1 meter must be left around the projector. Only authorised personnel shall be permitted within that perimeter during the opening hours of the Event.
Catering
If you choose to use a third party catering service, you must submit details of that service to us at least 14 days prior to the start date of the Hire Term for approval. Furthermore, we will have the right to inspect any food brought to the venue and may audit the caterer for food safety and hygiene.
If you choose to use our Catering Service, you will be invoiced separately for all catering services rendered, and your order for catering services will form a separate contract between us and you. The cost of catering will not form part of the Price payable under Clause 5.
Licensing and Alcohol
If you are planning to serve alcohol at your event, please let us know with 14 days notice for approval.
Venue Personnel
We will provide all required Venue Personnel for the Event.
The Venue Personnel requirements shall be based upon the information provided by you in your Booking Request.
The cost of the required Venue Personnel shall form part of the Price.
Removal following Event
Unless otherwise agreed, you will be required to vacate the Venue at the end of the Hire Term (keeping in mind the 15 minute grace period). Where the nature of the Event necessitates additional time to remove any of your property an alternative leaving time should be agreed at the time of Booking.
Your Legal Rights and Problems with the Venue Hire
We will always provide our services to you with reasonable skill and care, consistent with best practices and standards in the venue hire market, and in accordance with any information provided by us about our services and about us. We always aim to ensure that your experience with us is trouble-free. If, however, there is a problem with any aspect of the Venue Hire, please inform us as soon as is reasonably possible.
We will use reasonable efforts to remedy any and all problems with the Venue Hire as quickly as is reasonably possible and practical.
We will not charge you for remedying problems under this Clause 19 where the problems have been caused by us (including our employees, agents and subcontractors) or where nobody is at fault. If we determine that the problem has been caused by any action or omission on your part, we may charge you a reasonable sum for any remedial action required.
When purchasing services as a consumer, you have certain legal rights if we fail to carry out our obligations with reasonable skill and care or in accordance with the information we provide. In addition, you have legal rights if we provide goods of any kind as part of the Venue Hire and they are not of satisfactory quality, not fit for purpose, not as described, not in compliance with samples shown, or not in compliance with any other pre-contract information we have provided. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
Our Liability and Insurance
We have in place insurance cover for the Venue and all Cake & Yoga Club operations. However please ensure you have suitable insurance in place, especially for facilitators. We will not be responsible for any loss or damage that is not foreseeable.
We are providing Venue Hire for private (i.e. non-commercial) purposes only. We make no warranty or representation that the Venue or the Venue Hire will be fit for commercial, business or industrial purposes of any kind. By making a Booking, you agree that you do not have such purposes in mind and will not be using the Venue in such a manner. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our obligations with reasonable care and skill or in accordance with information provided by us about the Venue, the Venue Hire, ourselves, or any other aspect of our services, nor for any materials or other goods supplied that do not conform with your legal rights.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If any event described under this Clause 21 occurs that is likely to adversely affect our performance of our obligations:
We will inform you as soon as is reasonably possible;
Our obligations will be suspended and any time limits that we are bound by will be extended accordingly (where such extension is reasonably possible);
We will inform you when the event outside of our reasonable control is over and provide any new dates, times or availability as necessary;
If an event outside of our reasonable control occurs and you wish to cancel the Contract, you may do so in accordance with your rights to cancel under Clause 22. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation;
If an event outside of our reasonable control continues for more than 7 days or is likely to prevent us from making the Venue available and providing the Venue Hire in time for the start date of the Hire Term, the Contract will be canceled in accordance with our rights to do so under Clause 22 and you will be informed of the cancellation. Any refunds due to you as a result of that cancellation will be made as soon as is reasonably possible and in any event within 14 calendar days of our cancellation notice.
Rescheduling or Canceling a Booking
You may reschedule or cancel your Booking for any reason, at any time. If you cancel, any and all refunds due will be paid to you as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation. The following shall apply to such cancellations:
If you cancel more than 14 days before the start date of the Hire Term, we will refund all sums paid, including your Deposit;
If you reschedule more than 14 days before the start date of the Hire Term, we will retain all sums paid, including your Deposit, and those sums will count towards the rescheduled Booking;
If you cancel less than 14 days but more than 7 days before the start date of the Hire Term, we will retain your Deposit but will refund any other sums paid;
If you cancel less than 7 days before the start date of the Hire Term, we will retain all sums paid, including your Deposit, and any outstanding balance of the Price.
If you reschedule less than 7 days prior to the start date of the Hire Term, we will retain your original Deposit and a new Deposit will be payable for the rescheduled Booking.
If any of the following occur, you may cancel the Contract immediately by giving us written notice. If you have made any payment to us (including but not limited to the Deposit) that/those sum(s) will be refunded to you as soon as is reasonably possible, and in any event, within 14 calendar days of our acceptance of your cancellation:
We are unable to carry out our obligations due to an event outside of our reasonable control (as under sub-Clause 21.2.4); or We change these Terms and Conditions to your material disadvantage.
We may cancel the Venue Hire for any reason, at any time up to 14 days before the start date of the Hire Term. If you have made any payment to us (including, but not limited to the Deposit), that/those sum(s) will be refunded to you as soon as is reasonably possible, and in any event, within 14 calendar days of our cancellation notice.
If any of the following occur, we may cancel the Contract immediately by giving you written notice:
You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.9); or
You have breached the Contract in a material way and have failed to remedy that breach within 7 days of us asking you to do so in writing; or
We are unable to carry out our obligations due to an event outside of our reasonable control (as under sub-Clause 21.2.5).
If cancellation under sub-Clauses 22.4.1 or 22.4.2 occurs more than 14 days before the start date of the Hire Term, we will refund all sums paid including but, not limited to, your Deposit. If such cancellation occurs less than 7 days before the start date of the Hire Term, we will retain all sums paid. If we cancel at any time under sub-Clause 22.4.3 (also see sub-Clause 21.2.5) all sums paid, including your Deposit, will be refunded. Any and all refunds due under this sub-Clause 22.5 will be made as soon as is reasonably possible, and in any event within 14 calendar days of our cancellation notice.
For the purposes of this Clause 22 (and in particular, sub-Clauses 22.2.1 and 22.4.2) a breach will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 22.2.1 and us under sub-Clause 22.4.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
Communication and Contact Details
If you wish to contact us with general queries, you may do so by phone at 07515688418 or email at hello@cakeandyogaclub.com.
Complaints and Feedback
We always welcome feedback from our customers and, whilst we always use all reasonable endeavors to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please email hello@cakeandyogaclub.com.
Other Important Terms
We may transfer (assign) our contractual rights and obligations to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights will not be affected and our obligations will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your rights and obligations without our express written consent, such consent not to be unreasonably withheld.
The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by us in exercising any of our rights means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 27.1 above takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.