Venue hire
terms and conditions
Definitions:
'Port Credit Legion’ means The Royal Canadian Legion Branch #82, whose registered office is 35 Front Street North, Mississauga, Ontario, L5H 2E1.
‘The Venue’ shall be, the Port Credit Legion 35 Front Street North, Mississauga, Ontario, L5H 2E1.
‘The Customer’ means the Company, Institution, Organisation or Individual on whose behalf this legally binding Contract is made.
‘Charges’ means the amounts payable by the Customer for the hire of a room or rooms, consumables and Audio Visual/Media services as set out in the Agreement between the Customer and the Port Credit Legion
‘The Event’ means the function, conference or special occasion, the date of which has been agreed by the parties and at which the Port Credit Legion is engaged to provide the Services.
‘The Caterer’ is the Ladies Auxiliary or any other caterer who is contracted by the Port Credit Legion to provide catering services at the Venue.
‘Consumables’ means the food, drink, wines and spirits supplied at the Event.
‘Hire Period’ means the period of time to hire room or rooms as agreed between the Port Credit Legion and the Customer.
‘Package’ means the combined services supplied by the Port Credit Legion to the Customer.
1) ROOM/HALL HIRE
a) Any rooms, halls or areas of the Port Credit Legion made available to the Customer are by agreement with the Port Credit Legion and are subject to payment by the Customer of the separate Room Hire Charge or Package, at the time of booking.
b) Applications for venue hire will be accepted only if the nature of the function is considered appropriate by the Port Credit Legion and in sympathy with the ethos of the Royal Canadian Legion Dominion Command. The Port Credit Legion reserves the right to refuse a booking. The Port Credit Legion does not support hosting of functions that purport to promote propaganda, political discourse, hate or abuse of human rights.
c) The Customer will ensure that the Event will not be conducted and that its guests will not behave in a way which will or may constitute a breach of the law or cause a nuisance or be an infringement of any municipal or liquor licence held by the Port Credit Legion. In particular (but without limitation) the Customer shall ensure that there is no betting, gaming, smoking, drug use, or underage drinking on the premises during the time of their event.
d) The Port Credit Legion reserves the right to exclude or eject any persons from the premises, whom it reasonably considers to be objectionable (including any person engaged by the Customer to provide entertainment or perform any other duties at the Event). The Customer will be liable for any liability arising thereby and shall indemnify the Port Credit Legion accordingly save where the Customer establishes negligence or bad faith by the Port Credit Legion.
e) At the end of the Hire Period the Customer shall remove from the venue anything which the Customer has brought into the venue for the purposes of or in connection with the Event and shall ensure that all rooms used are clean, undamaged and free from rubbish. A cleaning fee that is applicable serves to maintain the cleaning of floors and ablutions is payable with every booking regardless of duration.
f) If, in the opinion of the Port Credit Legion, the Customer has failed to comply with clause 1e above, the Port Credit Legion may, in place of the Customer but at the Customer’s expense, do all that is necessary to comply with that clause, subject to extra costs.
g) Event Items can be sent in 48 hours prior to the event by the customer or their nominated delivery teams, provided this is communicated to the Port Credit Legion 24 hours ahead of the delivery time. The Port Credit Legion shall not be obliged to provide labour to load or offload deliveries, and this must all be coordinated and handled by the customer or their delivery teams. All left over items need to be packed up and labelled with the collection details and to be collected within 48 hours after the event. The Port Credit Legion reserves the right to charge $50 (+HST) per day for storage for items left over 48 hours within the building. The Port Credit Legion reserves the right to dispose accordingly of any items left over after 48 hours and charge $300 (+HST) for the disposal.
h) The Port Credit Legion holds a liquor licence which is valid until 00:00 hours. If any special temporary licence is required for the event, at least 6 weeks’ prior written notice will be required at the Port Credit Legion, and proof of applying for such permit must be provided. If the Port Credit Legion is required to apply for such temporary licence on behalf of the customer, then an additional fee may be required over and above the licence application fee. The Port Credit Legion reserves the right as its absolute discretion to decline applying for an entertainment or occasional licence.
i) The Port Credit Legion reserves the right to turn down or cancel the entertainment, if, in the opinion of the Port Credit Legion, the Event is too loud and/or causing disturbance to other users of the Venue, or to the neighbourhood in which the Port Credit Legion is located.
j) The Port Credit Legion reserves the right to withdraw the use of The Port Credit Legion event spaces if, in the opinion of The Port Credit Legion, the Customer has misrepresented the purpose of the booking. The Customer may not sub-let or further offer for hire any accommodation. If in this instance misrepresentation is identified, the customer will forfeit any and all booking fees already paid.
2) ATTENDEES
a) At the time of booking the Customer shall provide details of the guaranteed maximum number of persons attending the Event on the front page of these Terms and Conditions.
b) The Customer shall confirm the expected numbers attending not less than 7 working days (Monday-Friday, excluding holidays) prior to the Event and final catering numbers no less than 5 working days prior to the Event should an inhouse caterer be used. Charges for the Services will be based on that number or the number actually attending, if greater. If the Port Credit Legion provides the Services for any number less than the guaranteed minimum number Port Credit Legions charge to the Customer based on the guaranteed minimum number previously advised will nevertheless apply in full.
c) The Customer agrees to commence the Event promptly at the time agreed with the Port Credit Legion and to procure that those persons present at the Event vacate the room designated for it at the time stated on the booking form.
d) The Port Credit Legion reserves the right to charge additional fees where evening events overrun. If an event overruns past 00:00 hours, The Port Credit Legion will charge an additional $200 per hour or part thereof plus taxi fares for staff.
e) The Customer shall ensure that those attending the Event are ready to be served their food at the time agreed and that meals are completed within any pre-agreed time period.
f) The Customer agrees to reimburse all expenses incurred by the Port Credit Legion resulting from the Customer’s breach of its obligations hereunder including (without limitation) any additional payments to staff.
3) CHARGES
a) All charges for the Services will be the charges quoted by the Port Credit Legion at the time of booking (subject to any adjustment in accordance with these Terms and Conditions) or where no charge is quoted, the charge listed in Port Credit Legions published price list at the date of acceptance of the Customer’s booking.
b) All charges are subject to Harmonised Sales Tax (HST) at the current legislated rate federally and provincially.
c) All payments are required in Canadian Dollars.
d) The Port Credit Legion reserves the right to require a deposit payable at the time of booking such deposit being equal to 50% of the estimated total of the catering cost and the room hire charge payable to The Port Credit Legion (the “deposit”). The deposit and room hire charge are non-refundable and the balance amount will be payable 7 (Seven) day’s before the event commences. A booking will not be considered confirmed until we have received a signed contract and the designated deposit, room hire charge and the breakage deposit have been paid in full. Time for payment of the amounts due is of the essence and The Port Credit Legion reserves the right to cancel the provision of Services to any Event for which the amounts due hereunder have not been paid by the due dates.
e) The Port Credit Legion reserves the right to make additional charges for Events commencing before or running on beyond the times stated on the first page of this contract (please see clause [2(c)] above)
f) Customers shall pay the balance of any charges over and above the amounts due pursuant to clause 3(a) above within 30 days of the invoice date. The Port Credit Legion reserves the right to charge interest on overdue accounts above 30 days at a rate of 2% per annum above the base rate of CIBC for the time being.
g) All queries relating to amounts invoiced must be notified in writing to the Port Credit Legion within 7 days of the date of the Event invoice.
h) If the Customer fails to make payment of any charges on the due date then, without prejudice to any other rights or remedy available to the Port Credit Legion, The Port Credit Legion shall without liability to the Customer, be entitled to cancel the provision of the Services and any orders for future Services from the Customer and charge the Customer for any charges outstanding and the cost of recovery thereof.
4) CONSUMABLES
a) The Port Credit Legion currently provides catering services through its Ladies Auxiliary or any other designated caterer. While the Caterer does not have the sole right to the provision of the Services at The Port Credit Legion and no Consumables may be brought into the venue by the Customer or its guests without the prior written consent of the Port Credit Legion. It must be noted however that Customers may NOT consume their own beverages or alcohol on the premises as this will violate the Liquor Licence terms and conditions.
b) All pre ordered beverages are non-refundable. Additional beverages are sold on a sale or return basis and The Port Credit Legion reserves the right to charge for all opened bottles, notwithstanding the fact that they have not been consumed.
c) When Consumables are charged on a consumption basis, the Customer shall check the opening and closing of stocks of Consumables in the presence of Port Credit Legions representative(s). In the event of a Customer refusing or delaying to do so, the figures recorded by The Port Credit Legion shall be conclusive.
d) It is the Customer’s responsibility to notify The Port Credit Legion of its authorised representative(s) for the Event and to ensure that all orders of Consumables are signed for by the authorised representative of the Customer. Where the Customer fails to notify The Port Credit Legion of its authorised representative(s) or orders are placed by persons other than a Customer’s authorised representative, the figures recorded by the Port Credit Legion shall be conclusive and the Customer shall be bound to pay the charges for the Services. The Port Credit Legion will not accept any adjustments to the price unless this procedure is followed.
e) All Consumables offered are subject to availability. Where Consumables are not available, reasonable endeavours will be made to offer the closest available substitute.
5) AUDIO VISUAL/ MEDIA SERVICES
a) The Port Credit Legion reserves the right to surcharge for amendments to requirements made within three working days of the commencement of the hire period.
b) The Audio Visual department’s hours of operation are between 12.00 and 16.00. Technician rates outside of these hours will be quoted $75 + HST per hour per technician.
c) Any equipment hired to the Customer will be operated during the Event by staff employed by the Port Credit Legion, except as provided in paragraph 5(d).
d) With the written approval of the Port Credit Legion, equipment hired for use in the venue may be operated during the Event by the Customer or his/her authorised agent.
e) The Customer agrees to make good any damage or loss to equipment which is operated in accordance with paragraph (5d) by the Customer or his/her authorised agent.
f) The Port Credit Legion agrees to use reasonable endeavours to find a suitable replacement for any equipment hired to the Customer which is found to be defective.
g) Customers are not permitted to bring any electrical equipment into the building unless it bears a valid Electrical Test Certificate.
h) The Port Credit Legion reserves the right to substitute alternative equipment and/or services where original equipment and/or services are unobtainable or are not able to be used.
i) Additional equipment and/or services requested immediately prior to, or during an Event must be signed for by the Customer or authorised signatory on an additional request form, on which the estimated additional prices will be clearly shown.
j) The Port Credit Legion will not accept responsibility for disruption and inconvenience to, or the ruination of an Event and/or presentation where sub-standard materials and/or poor quality video playback material, have been presented to a technician for projection.
k) The Customer agrees that the Port Credit Legion will not be responsible for failure to notify speakers or presenters of the minimum acceptable standards, or failure to gain their precise requirements, or for the unforeseen requirements of late arriving speakers and/or slide/video users.
l) Production companies working with The Port Credit Legion staff and equipment as third party suppliers will be required to sign a document stating clear line of authority throughout the hire period and must deal entirely with The Port Credit Legion Technical Manager and/or designated authority. The Customer agrees that any person employed or authorised by him/her to deal with any equipment or service in relation to the Event shall comply with any direction or instruction given to him/her in relation to the use of any equipment by the staff employed by the Venue.
m) The Customer agrees to make good any damage or loss to equipment which is operated in accordance with paragraph (5l) by the Customer’s production company.
n) The Port Credit Legion agrees to use reasonable endeavours to provide the equipment and perform the services specified in relation to the Event. The Port Credit Legion does not however accept any liability for any failure to provide equipment or perform services where that failure is beyond the reasonable control of The Port Credit Legion.
o) The Port Credit Legion does not accept any liability for any loss or damage which arises directly or indirectly out of the use of the equipment or the performance, unless such loss arises from the negligence of the the Port Credit Legion staff. The Customer agrees to indemnify the Port Credit Legion against any claim for any such loss or damage.
p) Hired equipment remains at all times the property of the Port Credit Legion. The Customer shall not sell, or offer for sale, assign, mortgage or pledge the equipment or any part or parts thereof and the Customer will keep the equipment in their own possession for their own use and will not allow any lien or other encumbrance to be created in respect of the same.
q) The Customer shall be responsible for any software and hardware provided by them for use in Events and The Port Credit Legion will be responsible for any software and hardware provided by them for use in Events.
6) CANCELLATION BY THE PORT CREDIT LEGION
The Port Credit Legion may cancel the provision of the Services to an Event and forthwith terminate this Agreement and the rights granted to the Customer if:-
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The Port Credit Legion or part of The Port Credit Legion has to be closed for reasons beyond Port Credit Legions control; or
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The Customer is already in arrears with any payment due to The Port Credit Legion and/or
c) The Customer is in breach of any of these Terms and Conditions and/or Port Credit Legions Terms and Conditions of Hire (if any) and fails to rectify such breach within 7 days of written request so to do by the Port Credit Legion; or
d) The Customer becomes insolvent or enters into liquidation or receivership or is subject to any similar process or is unable to pay its debts within the meaning of the Insolvency Act or any statutory modification or re-enactment thereof; or
e) The Customer (being an individual) is adjudicated bankrupt or dies.
7) CANCELLATION BY THE CUSTOMER
a) A confirmed booking shall only be deemed to be cancelled when the Port Credit Legion receives written notification of the cancellation from the Customer.
b) Where a Customer cancels the provision of the Services, in addition to loss of the Deposit, the Customer shall pay to the Port Credit Legion the following charges in respect of the Services (credit being given for the amount of the Deposit paid):-
Notice of cancellation received -
Less than 7 days prior to Function - 100% of the pre-booked total
Between 7-30 days prior to Function - 70% of the pre-booked total
Between 31-60 days prior to Function - 20% of the pre-booked total
c) Where a room hire booking is cancelled for any reason:-
(i) The Port Credit Legion shall be entitled to retain the Room Hire Charge paid to the Port Credit Legion;
(ii) if the booking is cancelled less than 9 months before the Event and the Port Credit Legion hires all or some of the Rooms for the whole or part of the Hire Period to some other Customer, then such room hire charge paid by that other person shall be refunded by The Port Credit Legion to the Customer.
8) LIABILITY
a) The Port Credit Legion shall not be liable to the Customer by reason of any delay in performing or any failure to perform any of Port Credit Legions obligations in relation to the Services if such delay or failure is due to any cause beyond Port Credit Legions reasonable control including (without limitation) Government intervention, strikes, acts of God, national or local disasters or war or any event causing the whole or part of the Port Credit Legion to be closed to the public. In such circumstances the charges payable by the Customer may be subject to abatement by a fair and reasonable apportionment.
b) The Port Credit Legion do 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 Customer or their guests or hired by the Port Credit Legion on the Customer’s behalf howsoever such loss or damage may occur unless as a direct result of Port Credit Legions negligence. All such property will remain under the care and control of the Customer and is entirely at the Customer’s own risk.
c) The Port Credit Legion shall have no liability to the Customer for any consequential loss to the Customer arising out of or in connection with the provision of the Services pursuant to the contract formed by these Terms and Conditions and the total liability of The Port Credit Legion for any other loss of the Customer shall not exceed the price payable by the Customer for the Services.
d) The Customer 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 Port Credit Legion, its servants or agents and the Customer indemnifies the Port Credit Legion against any claim brought against the Port Credit Legion in relation to any such matters.
e) The Customer shall be liable for any loss or damage caused to the Venue and the property, furnishings, paintings or objects in the Venue by any act or omission of the Customer, its sub-contractors or guests of the Customer, and shall pay to The Port Credit Legion on demand the amount required to remedy any such damage.
9) HEALTH AND SAFETY
a) The Customer must take instructions from Port Credit Legions Events Manager (or the nominated deputy for the occasion) and, while functions are in progress. For events with over 100 guests The Port Credit Legion reserves the right to provide extra security and charge the customer. The Port Credit Legion staff on duty will assume full control and responsibility for evacuation in the event that any security matter including bomb, fire or the behavior of those attending warrants such action.
b) Security staff positioned in The Port Credit Legion provide an initial response to incidents and a security presence for The Port Credit Legion. Dedicated personal security provision for the Customer and their equipment can only be provided if the Port Credit Legion has been notified and additional security has been booked. Any invitee requiring a high level of personal security (including members of the Royal Family, Foreign Dignitaries and Government Ministers) must be notified to The Port Credit Legion at the time of the booking.
c) The Customer must comply with all the Venue’s Health and Safety regulations. The Customer shall notify the Port Credit Legion immediately on becoming aware of any accident or injury occurring at the Venue. Where an event requires the provision of special services, e.g. additional electrical services, the Customer shall comply with any additional safety requirements imposed by the Port Credit Legion. Blocking of access routes will not be permitted while delivering, setting up or breaking down for events.
d) All electrical equipment brought into the Venue must have a current Portable Appliance Test (PAT) Certificate. This must be presented to the Events Manager on the day of the event. In the absence of a Certificate, the Customer shall be obliged to use the equipment on site, should it be available, and will be charged accordingly. The Port Credit Legion accepts no responsibility for any disruption to an event should equipment not be available.
e) The Customer shall not use or allow to be used any gas-supplied heaters, helium balloons, naked flames or anything similar in any part of the Venue.
10) INSURANCE
a) The Customer shall take out before the Event and maintain during the Hire Period public liability insurance in respect of its liabilities under these Terms and Conditions with an insurer approved by The Port Credit Legion and for an amount of cover not less than ten million Canadian Dollars.
b) The Customer shall, at the request of the Port Credit Legion, produce before the Event a certificate of such insurance for inspection by the Port Credit Legion.
c) The Customer shall not do anything which will or might vitiate in whole or in part any insurance effected in respect of the Venue from time to time
11) GENERAL
a) The Customer shall not use the “Port Credit Legion” logo in any of its advertising or publicity for the Event without the prior written approval of The Port Credit Legion. The Customer will ensure that advertising and publicity material for the Event does not imply that the Event is endorsed or organised by the Port Credit Legion without the prior written approval of the Port Credit Legion. Two printed invitations (or equivalent documentation) and any supporting information together with a guest list must be made available to the Events Manager at least 5 working days prior to the Event.
b) No variation to these Terms and Conditions shall be effective unless agreed in writing and signed on behalf of The Port Credit Legion and the Customer.
c) Any notices to be given under these Terms and Conditions must be given in writing and delivered by email to the addresses of the parties stated on the front page of these Terms and Conditions.
d) These Terms and Conditions shall prevail over any Conditions offered by the Customer.
e) The Customer may not assign, transfer or sub-contract its rights and/or obligations under these Terms and Conditions without the prior written consent of the Port Credit Legion.
f) If the expression the Customer includes more than one person those persons shall be jointly and severally liable under these Terms and Conditions.
g) 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.
h) The Port Credit Legion is a non-smoking venue and e-cigarettes or Marijuana must not be used within the Venue. Smoking in general may only occur within specific demarcated areas. This policy will be strictly enforced.
i) No alterations may be made to the appearance of the hired space without the prior agreement of the Events Manager. Affixing to walls/surfaces is not permitted. The Events Manager reserves the right to remove any unauthorised items and charge at cost for any damage incurred.
j) All deliveries must be pre-arranged within the agreed hire period. Company name and to be delivered items must be provided to the Events Manager at least 24 hours in advance of the Event.
k) The Customer acknowledges that no relationship of landlord and tenant is created between the Customer and the Port Credit Legion by this Agreement and that the Port Credit Legion retains control possession and management of the Venue and the Customer has no right to exclude The Port Credit Legion from the Venue.
l) No use of Confetti or Table Sparkles are allowed in the venue. Petals may be used.
m) The removal or adjustment of Drapes or Blinds is not permitted.
n) No Tapes of any kind are to be used on the Wooden Dance floor.
o) Do not drag any furniture or objects across the surface of the Wooden Dance Floor.
p) No open flamed candles are allowed. Candles that float in water are permitted.
p) Shoes must be worn at all times in all areas of the Legion.
q) No Alcohol from the Clubroom is permitted to be taken to the upstairs spaces. No Alcohol is permitted to be taken off premises, which becomes in effect when exiting the building.
r) Any Damages to ablution facilities must be reported to building Management Immediately.
s) The Customer agrees and undertakes:
(i) to indemnify the Port Credit Legion and keep the Port Credit Legion indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
(a) this Agreement;
(b) any breach of the Customer's undertakings; and/or
(c) the exercise of any rights given to the Customer.