Terms and Conditions

Definitions

Agreement: means (i) the email sent by the University to the Hirer bearing reference ‘BRE’ (ii) the Booking Form (iii) these Conditions (iv) Schedule 1, 2 and 3 to these Conditions (in each case were stated to apply in the email sent by the University to the Hirer bearing reference ‘BRE’).

Additional Services: means the additional services (if any) set out in the ‘additional information’ section of the Booking Form requested by the Hirer and agreed to be provided by the University in addition to the hire of the Facilities.

Booking: means the booking permitting the use of the Facilities for the Hire Period, and any applicable Additional Services, set out in the Booking Form.

Booking Fee: means the fees payable by the Hirer to the University in return for the Booking as set out in the ‘quote information’ section of the Booking Form and VAT thereon, and any other agreed charges in respect of the Booking (including any increased Booking Fees pursuant to clause 2.2).

Booking Form: means the form completed by the Hirer setting out the details of the Booking.

Conditions: means the terms and conditions contained in this document.

Confirmed Booking Date: means the date two months before the commencement of the Hire Period.

Facilities: means the facilities provided or procured by the University and hired by the Hirer set out in the Booking Form (including, without limitation, catering, conference rooms, accommodation and bedroom reservations and any additional Venue).

Guest: means a guest who uses the Facilities in connection with the Booking including (without limitation) the Hirer and if applicable participants in the Hirer’s activities at the Venue.

Hirer: means the person, organisation or other group hiring the Facilities as named in the Booking Form and ‘you’ and ‘your’ shall be construed accordingly.

Hotel: means University of Birmingham Edgbaston Hotel and Conference Centre Limited (company registration number 2748843) of Edgbaston Birmingham B15 2TT.

Hire Period: means the duration of use of the Facilities set out in the Booking Form.

University: means University of Birmingham of Edgbaston Birmingham B15 2TT, acting through its Conferences and Events department, and ‘our’ ‘we’ and ‘us’ shall be construed accordingly.

Venue: means the venue(s) at which the Facilities will be provided.

Working Day: means any day excluding Saturdays, Sundays, Public Holidays and ‘University Closed Days’ (as published by the University from time to time)

1. Hire

1.1 The contractual relationship between you and us is governed by the documents which, together, comprise the Agreement. You must comply, in all respects, with the terms and conditions contained in those documents for the duration of your Booking. The Hirer warrants that they are over the age of 18 at the point of completing the Booking Form, and that any information which they provide about themselves and any Guests is complete and accurate.

1.2 The Facilities are subject to availability. The University may replace the Facilities with substitute Facilities so long as they are of no lesser quality than the original Facilities. The 2 Additional Services (if any) are subject to availability, and will be supplied under these Conditions and any additional terms agreed in writing between the Hirer and the University provided always that by signing the Booking Form the Hirer appoints the University as its agent to enter on its behalf into any contract with a third party required in order for the University to procure the Additional Services.

1.3 The University is under no obligation to accept or agree to a request to place a Booking by any organisation or person, and reserves the right to refuse admission to any prospective Guest of the Venue for any reason whatsoever (including, without limitation, a person owing money to the University). Notwithstanding the generality of the previous sentence, the University may refuse a request for the provision of Additional Services it does not have sufficient time in advance of the Booking to procure their provision.

1.4 Bookings will be confirmed, and this Agreement will take effect, when the Hirer returns the completed Booking Form and the Booking is then confirmed in writing (via email or otherwise) by the University. Unconfirmed bookings may be held provisionally at the University’s discretion, but may be released without notice or liability. Any changes to the details of the Booking set out in the Booking Form (other than contact details) will be at the discretion of the University and subject to agreement in writing by the parties.

2. Booking Fee

2.1 The Booking Fee is payable as set out in the ‘quote information’ section of the Booking Form without set off or other deduction and, other than as set out in these Conditions, is nonrefundable. If any part of the Booking Fee is not paid within the period set out in the ‘quote information’ section of the Booking Form, it will bear interest a rate of 4% above the base rate from time to time of Lloyds TSB Bank. A purchase order number must be received by the University within 14 days from the date on which the Booking is confirmed. Failure to submit a purchase order number may result in your Booking being terminated.

2.2 At any time prior to the Confirmed Booking Date, the University may, by written notice to the Hirer, increase the Booking Fee to reflect any one or more of the following:

2.2.1 any increase in the cost to the University of procuring or providing the Facilities (or any constituent element) beyond its reasonable control, including without limitation:

2.2.1.1 any increase from time to time in the costs and charges of any third party on which the Booking Fee is based;

2.2.1.2 an Event Outside the University’s Control;

2.2.1.3 the United Kingdom ceasing to be a member of the European Union)

2.2.2 any change in the Facilities (or any constituent element) requested by the Hirer; and/or

2.2.3 any delay caused by the Hirer ‘s failure to give adequate instructions or information, provided that the maximum aggregate increase in the Booking Fee (excluding for the purposes of such calculation any VAT or relevant other sales tax(es) and excluding all price increase(s) arising under clause 2.3) shall not exceed 15% of the Booking Fee. The University shall issue an invoice to the Hirer in respect of the increased element of the Booking Fee within 14 days of the date of its written notice, and the Hirer will pay the increased element of the Booking Fee within 30 days of the date of that invoice without set off, counterclaim or other deduction.

2.3 The Hirer will not exceed, nor permit to be exceeded, the maximum number of Guests present at the Venue set out in the ‘additional information’ section of the Booking Form without first obtaining the University’s written consent. Without prejudice to but notwithstanding clause 2.2, the University reserves the right to increase the Booking Fee to reflect the increased attendance, and unless the parties can agree in writing that increase 3 the University shall be entitled to terminate the Booking without notice or liability and retain any deposit or payment or part payment received.

2.4 The Booking Fee charged by the University may have been calculated by reference to a minimum number of Guests as set out in the ‘additional information’ section of the Booking Form. The Hirer must notify the University immediately in writing if it becomes aware that it will be unable to provide the minimum of Guests. Upon receipt of written notification, the University may resell any accommodation, meals and other facilities released by the Hirer. The University may, but shall not be obligated to, agree to decrease the Booking Fee to reflect the decreased attendance.

2.5 The Hirer will provide in writing to the University at least 6 weeks before the commencement of the Hire Period a finalised account of the number of Guests. The Hirer will provide in writing to the University at least 15 Working Days before the commencement of the Hire Period a finalised account of a rooming and/or delegate list, and food and drink requirements including timings and details of any special or dietary requirements and allergen-specific requirements. Failure to do so will result, notwithstanding clause 2.8, in standard options being made available with no option for substitutes being available for the Booking. The provision of a rooming and/or delegate list does not affect the number of bedrooms associated with the Booking.

2.6 If a Hirer wishes to cancel a Booking:

2.6.1 if the Hirer provides more than 36 weeks’ written notice of cancellation, the Booking Fee will not be payable;

2.6.2 if the Hirer provides between 25- and 36-weeks’ written notice of cancellation, 25% of the Booking Fee will be payable;

2.6.3 if the Hirer provides between 13 and 24 weeks’ written notice of cancellation, 50% of the Booking Fee will be payable;

2.6.4 if the Hirer provides less than 13 weeks’ written notice of cancellation, the Booking Fee will remain payable in full; provided always that in each case the Hirer shall be liable for and pay to the University 75% of that part of the Booking Fee which relates to accommodation (other than accommodation at the Hotel’s facilities) forming part of the Facilities.

2.7 Refunds, if payable, are payable within 30 days from the date on which they become due, and will only be paid to the credit/debit card from which the Booking Fee was paid or, if payment was made by cash, to a bank account in the Hirer’s name. The Hirer must follow any refund instructions provided by the University in the manner set out in those instructions.

2.8 The University can terminate a Booking without liability at any time (and without prejudice to any other right of termination) by giving written notice:

2.8.1 the Booking, in the University’s reasonable opinion, would prejudice either the security or reputation of the University or the Hotel;

2.8.2 the Venue is deemed unsafe, or any part of the Venue is closed for refurbishment;

2.8.3 the University becomes aware of any material adverse alteration to the Hirer’s financial situation;

2.8.4 the Booking Fee (or any part of it) is not paid in the manner set out in the Booking Form;

2.8.5 the Hirer does not provide, within the requisite timescales, one or more of the documents required to be provided by these Conditions, the Booking Form and/or the email sent by the University to the Hirer bearing reference ‘BRE’; or

2.8.6 The Hirer does not comply with clause 2.5. 4

3. Accommodation, Food and Drink

3.1 If the Facilities include accommodation at the Hotel’s facilities, the Hirer agrees to comply with the Hotel’s terms and conditions, available at https://www.edgbastonparkhotel.com/wp-content/uploads/2024/06/Terms-andConditions-CE-and-Groups.pdf

3.2 A Hirer may obtain the supply of food and drink in connection with its Booking:

3.2.1 on the University’s or the Hotel’s premises either from the University/Hotel (as appropriate) or from a third party who supplies food or drink with their agreement;

3.2.2 by way of Additional Services as set out in the Booking Form; or

3.2.3 itself, through sources approved by the University and set out in the Booking Form.

3.3 The Hirer may not bring any food or drink onto the University’s or the Hotel’s premises other than as set out in this Agreement or as agreed with the University in writing.

3.4 Should you have any special or dietary requirements or allergen-specific requirements, concerns, or wish to know more about the University’s menus, please contact the Event Manager whose details appear in the Booking Form by email.

4. Use

4.1 The use of the Facilities before or after the Hire Period without the written permission of the University is prohibited. The University reserves the right to raise a further charge for any such use. Guests must stay within the confines of the Venue, and food and drink must be consumed in the Venue.

4.2 The Hirer shall ensure that all Guests conduct themselves appropriately within the Venue and comply with the University’s directions and requirements in relation to the Booking, including (without limitation) those relating to cases of emergency and exiting the Venue, search policies and entry procedures, health and safety, and to the level of noise generated at the Venue. Where, in these Conditions, the Hirer is under an obligation to perform any act, or to refrain from performing any act, the Hirer is also under an obligation to procure that all Guests perform or refrain from performing (as appropriate) the act in question.

4.3 The Hirer shall ensure that the Venue are maintained in a tidy and safe condition at all times, and that all stairs, doorways and emergency exits are kept clear of obstructions throughout the Hire Period. The Hirer shall at the end of the Hire Period leave the Venue in a clean and orderly condition to the satisfaction of the University, and dispose of any leftover food or other waste or litter. The University reserves the right to charge a reasonable fee for cleaning and rubbish disposal if the Venue are left in disorder. The University reserves the right to charge £50.00 plus VAT per item for storage of items left at the Venue by Guests after the Hire Period. The University will, after 1 month from notifying the Hirer by email to the email address provided by the Hirer on the Booking Form that such items are being stored, consider them to have been abandoned, and shall be entitled to dispose of them without liability. The University reserves the right to charge £300.00 plus VAT per item for disposing of any such abandoned items.

4.4 The Hirer must comply with the Construction Design and Management Regulations 2015, the Health and Safety at Work Act 1974, and the Management of Health and Safety at Work Regulations 1999. Without limitation, the Hirer and any associated contractor must supply the University with: • a copy of the organisation’s health and safety policy. • a method statement for work being undertaken as well as a Safe System of Work (Risk Assessment) document to highlight the control measures to be put in place. • a risk assessment to cover the Event as a whole. 5 at least 15 Working Days before the commencement of the Hire Period.

4.5 The Hirer must not undertake or promote any fundraising, sweepstake, raffle or other form of lottery at the Venue, or bring or invite any other form of entertainment or related services or activities onto the Venue, without the University’s prior written consent. The Hirer shall ensure that nothing is done on or in relation to the Venue in contravention of the law relating to gaming, betting and lotteries. The Hirer shall not undertake any licensable activity under the Licensing Act 2003 without having first obtained the University’s written consent and an appropriate licence.

4.6 No electrical equipment may be brought into the Venue without the University’s prior written permission. Where permitted, all electrical equipment must conform to relevant legal standards and may only be used after written confirmation of acceptability by the University. The Hirer and the Guests are entirely responsible for the operation, safety and insurance of their own and other equipment not belonging to the University. The University does not accept responsibility for any security features present on IT equipment belonging to the Hirer that may obstruct or prevent access to the University’s guest Wi-Fi network. The Hirer shall ensure that any electronic equipment brought into the Venue does not adversely affect the University’s electronic infrastructures and/or the security of its data and networks.

 4.7 The following provisions apply in relation to the use of the Venue:

4.7.1 Smoking and using electronic cigarettes, compressed gas and other flammable and pyrotechnic/explosive materials, lasers and foam/smoke/bubble machines, trolleys and lifting systems, and the use of bolts, nails, screws, pins blu-tack, sellotape or other adhesives are not allowed in the Venue.

4.7.2 Pets, other than guide dogs and therapy dogs, are not allowed in the Venue.

4.7.3 All accidents/incidents must be reported to a member of the University’s staff immediately. If this is not possible and assistance of the emergency services is required, University Security must be contacted on 0121 414 4444.

4.7.4 Do not block the fire exits or walkways. If you hear a fire alarm, leave the centre through the nearest fire exit. At the outset of the Hire Period, the Hirer is required to ensure that all Guests are aware of the quickest fire exit route.

 4.8 No individual under the age of 14 years may participate in or spectate at a Booking unless accompanied and supervised at all times by a responsible adult who is not participating in the activities set out in the Booking Form. Notwithstanding the University’s general duty of care to users of and visitors to its premises, where the Booking or activities deriving from the hire involves children, or vulnerable adults (as defined in the Safeguarding Vulnerable Groups Act 2006), or is particularly aimed at children, the Hirer shall (in consultation with the University) be responsible for putting in place appropriate health and safety and safeguarding measures in relation to children or vulnerable adults participating in or spectating at the Booking.

4.9 If anything offered for sale or exhibited in the Venue is considered by the University to be likely to be undesirable, in breach of third party intellectual property rights, unsuitable or dangerous to any person or property inside or outside the Venue, it shall on request from the University be removed by the Hirer immediately.

4.10 The bringing and distribution of sponsorship, promotional or marketing materials, notice, decorations or signs into the Venue without prior written consent of the University is prohibited.

4.11 The Hirer agrees to ensure that they or a representative of theirs is present at, or able to attend as soon as reasonably practicable if reasonably required by the University, the Venue throughout the Hire Period. 6 4.12 We will not tolerate any inappropriate behaviour towards others. We may terminate any Booking, your use of the Facilities, and escort you from the University and the University’s premises immediately, without prior notice or liability, if:

4.12.1You or any Guest does not comply with these Conditions or any reasonable instructions and requirements provided by the University.

4.12.2 You abuse the Facilities, or any pictures, equipment, fixtures or furniture in the Venue.

4.12.3 You use rude, obscene, abusive, threatening or violent language, or behave in a rude, obscene, abusive, threatening or violent way, towards anyone on the University’s premises;

4.12.4 We receive complaints about you so that, in our reasonable opinion, stopping you from using the Facilities is in the interests of other users of the University’s facilities.

5. Liability and Insurance

5.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

5.2 Nothing in these Conditions limits or excludes the University’s liability for death or personal injury resulting from the University’s negligence or for any damage or liability incurred by the Hirer as a result of fraud or fraudulent misrepresentation.

5.3 Subject to Condition 5.2, the University’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement, shall be limited to the Booking Fee.

5.4 Subject to Condition 5.2, the University does not accept liability for loss of profit, loss of data, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the Agreement, and will not (by way of example only) be responsible for any travel or accommodation costs incurred. You are strongly advised to take out insurance against cancellation of any event if your travel costs are likely to be substantial.

5.5 We do not accept any liability for loss or theft of or damage to personal belongings or other property brought by you to the Venue, or for any personal injury sustained by the Hirer or its Users arising as a consequence of its or their use of the Facilities, unless resulting from negligence on the part of the University. The Hirer agrees to indemnify the University in relation to any and all claims and claims for costs made against or expenses or costs incurred by the University in respect of any such personal injury, or loss or theft of or damage to property.The Hirer will indemnify the University and the Hotel (as appropriate) against any loss or damage and any associated claims or claims for costs occasioned to either of them arising from any such personal injury or loss or theft of or damage to property, and from damage caused by the Hirer or any Guest during or following the Booking to the Facilities or any pictures, furniture, equipment, fixtures or furniture or other property in the Venue, the University’s premises or the Hotel’s premises, and to those premises themselves and any person situate thereon.

5.6 The Hirer shall obtain public liability insurance for all Bookings with an indemnity limit of not less than five million pounds (£5,000,000) for the Event. In addition, for any caterers, public liability insurance is compulsory for the Event with an indemnity limit of not less than two million pounds (£2,000,000) for the Event. The Hirer shall, where required by the email sent by the University to the Hirer bearing reference ‘BRE’, provide evidence of either or both insurance cover at least 15 Working Days before the commencement of the Hire Period together with confirmation that such insurance is current and any premiums have been paid. 7

6. Data Protection, Photography and Filming, and Confidentiality

6.1 Each Party agrees to comply with its obligations as set out in Schedule 4 to these Conditions. The Hirer acknowledges that the Hotel and the University are subject to the requirements of the Freedom of Information Act 2000.

6.2 The taking of photographs, recording of images or filming or broadcasting in the Venue is strictly forbidden unless the Hirer has prior written permission from the University.

6.3 The University may want to take photos during the hire of the Facilities for marketing and related purposes. We will try to advertise any planned photography on our website or the noticeboard in the Venue’s reception areas. If you do not want to be photographed, or you do not want any Guests to be photographed, let a member of staff know.

6.4 The financial terms of the Agreement are confidential, and the Hirer and University each agree not to disclose the financial terms of the Agreement to other parties unless such disclosure is approved for release in writing in advance signed by authorised representatives of the other, the financial terms are publicly known at the time of disclosure, or disclosure is required by law or a court of law or under the Freedom of Information Act 2000.

7. General

7.1 Neither the Booking, nor the payment of the Booking Fee, creates any interest in, or confers a right to exclusive possession of, the University’s or the University’s premises or land. This Agreement shall not operate or be deemed to operate as a demise of the Venue. The Venue shall at all times remain in the control and possession of the University, which reserves the right of entry by its staff, contractors or other designated persons to the Venue at all times and for any reason. The Hirer acknowledges that the relationship between the University and the Hirer and Users is not that of employer/employee, landlord and tenant or of partners or agent but that of independent contracting parties only. Other than in the case of a registered Student of the University the Hirer shall not, and shall not permit any User to, hold themselves out as part of the University, or as the agent or representative of the University.

7.2 The University reserves the right to delay performance of or cancel this Agreement and/or the Booking without liability in the case of any strike, lockout, disorder, adverse weather conditions, power outage, third party interference, impossibility of the use of transport, impossibility of the use of public or private telecommunications networks, breakdown of equipment or computer systems or websites, unavailability of key staff or key materials, health or safety concerns (including without limitation health or safety concerns arising out of or otherwise connected with either severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or COVID-19 (the official designation of the disease which can be caused by coronavirus), government restriction, third party occupation of the University’s premises, fire, explosion, accident or stoppage of or affecting the University ‘s business or work which is beyond its reasonable control (an ‘Event Outside the University’s Control’), or issues regarding eligibility, suitability, unavailability of delivery or the unavailability of spaces or stock, and which prevents or hinders the performance of its obligations under this Agreement.

7.3 Other than in connection with the provision of the Additional Services, the Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 8

7.4 The University may change these Conditions from time to time without notice. Changes will apply to any subsequent transactions with the University. Please read the Conditions immediately prior to placing any order.

7.5 You may not transfer, assign, charge, sublet, sub licence or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without the University’s prior written consent. The University may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of the University’s rights or obligations arising under it, at any time during the term of the Agreement.

7.6 Each right or remedy of the University under this Agreement is without prejudice to any other right or remedy of the University whether under the Agreement or not. If the University fails, at any time during or following the term of this Agreement, to insist upon strict performance of any of your obligations under the Agreement this shall not constitute a waiver of such rights or remedies. A waiver by the University of any default shall not constitute a waiver of any subsequent default. No waiver by the University of any of its rights shall be effective unless it is communicated to you in writing at the Hirer’s email address set out in the Booking Form.

7.7 If any provisions in these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.

7.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person other than the Hirer, the University and the Hotel, any right to enforce any of its provisions.

7.9 In connection with the Agreement, the Parties will comply with the Bribery Act 2010, the Equality Act 2010, the Modern Slavery Act 2015, the Counter-Terrorism and Security Act 2015 and all related laws, regulations and codes. The Hirer agrees to comply, and procure that all Participants comply, with the University’s Code of Practice on Freedom of Speech on Campus and, if so required, to satisfy the University of its and their ability to do so. The Code of Practice can be found here: https://www.birmingham.ac.uk/documents/university/governance/code-of-practicefreedom-of-speech.pdf A Speaker Request Form can be obtained from the University or downloaded from the link above; it must be completed and returned where required by the email sent by the University to the Hirer bearing reference ‘BRE’ at least 15 Working Days before the commencement of the Hire Period.

7.10 The parties will attempt to settle any disputes relating to the Agreement by mediation, in line with the Centre for Dispute Resolution Model Mediation Procedure. The mediation will take place in Birmingham. You can find out more about the Centre for Dispute Resolution Model Mediation Procedure from the website at www.cedr.com.

7.11 Any legal notices sent to the University must be addressed to University of Birmingham Edgbaston Birmingham B15 2TT for the attention of the Registrar and Secretary. The University may give written notice by email to the Hirer’s email address set out in the Booking Form.

7.12 The Agreement will be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1 – Large etc. Booking

These Conditions shall apply where specified in the email sent by the University to the Hirer bearing reference ‘BRE’ and/or where the Booking involves an event, exhibition, conference, activities of high risk, activities involving entertainment, event where the audience involves children, or Guests/audience are likely to be over 100 attendees.

1. It is the Hirer’s responsibility to ensure the suitability of the Facilities for its purposes, save that the University will permit the Hirer, if required by it, to undertake a site visit in order for the Hirer to satisfy itself as to suitability.
2. The Hirer will be required to submit written proposals/plans to the University in respect of:

• stage sets/structures to be erected
• provision or supply of any electrical equipment
• any other requirements i.e. 3 phase electrical supply or audio visual equipment at least 15 Working Days before the commencement of the Hire Period.

3. All proposals and equipment must comply with the University’s Fire, Health and Safety policies. The Hirer’s written proposal/plans must be submitted to the University at least 15 Working Days before the commencement of the Hire Period.
4. University of Birmingham | Conferences & events reserves the right to approve any externally arranged entertainment, services or activities that the Hirer have planned, but the Hirer is solely responsible for the payment of all fees, costs and charges associated therewith.
5. Any additional staffing i.e. porters, cleaners, stewards and cloakroom will be charged to the Hirer as set out in the Booking Form.
6. The University’s own technical equipment must be operated by a staff member of the University unless the University agrees otherwise in writing.
7. The Hirer must not bring any equipment or materials onto the University’s premises without the University’s prior written authorisation. When authorised, a full schedule of equipment must be submitted to the University with proof of up to date PAT testing at least 15 Working Days before the commencement of the Hire Period.
8. Furniture and seating will be laid out as per the Hirer’s room plan to be submitted to the University at least 15 Working Days before the commencement of the Hire Period. If the turnaround or layout is significant additional staffing will be applied at a pre-agreed cost to The Hirer as set out in the Booking Form.
9. The Hirer accepts that any deliveries to the University are at the Hirer’s risk. The Hirer shall ensure that it has suitable insurance for such deliveries.
10. The University reserves the right to request that all floors are protected to avoid damage from cabling, heavy equipment and sharp objects. This will also include steps and paths to enter the Venue.
11. The University reserves the right to determine the level of security based on the nature of the Event. The University will be responsible for arranging the security staff, the cost of which will be charged to and payable by the Hirer.
12. For exhibitions, poster displays or similar events the Hirer must obtain a risk assessment for each individual exhibitor and any associated sub-contractors to be sent to the University at least 15 Working Days before the commencement of the Hire Period.
13. Entertainers must provide a risk assessment together with proof of £5 million public liability insurance to be sent to the University at least 15 Working Days before the commencement of the Hire Period.
14. If The Hirer is providing as part of the event table linen, chair covers or other materials, a copy of the fire-retardant certificate must be provided to the University at least

15 Working 10 Days before the commencement of the Hire Period. Any materials that are deemed unsafe by the University or the University’s Fire Advisor may not be used.

Schedule 2 – Sports Booking

These Conditions shall apply where specified in the email sent by the University to the Hirer bearing reference ‘BRE’ and/or where the Facilities include the University’s Sport and Fitness Centre or any of the University’s sports pitches and other sporting facilities.

1. The consumption of alcohol at the Venue, other than in designated areas, and strictly as permitted by the University, is prohibited. Appropriate sporting dress and footwear must be worn in the Facilites at all times. The use of studded, moulded or bladed footwear is not permitted on the water synthetic pitches and the use of black soled shoes is not permitted in the sports halls.
2. If the Booking includes coaching or instruction, the Hirer must submit copies of relevant coaching qualifications to the University at least 15 Working Days prior to the commencement of the Hire Period. If the participants are to include any children under the age of 18, DBS registration numbers and date of issue must also be provided at least 15 Working Days prior to the commencement of the Hire Period.
3. First aid provision will be provided by the University and any accident or incident should be reported to them immediately. For certain, Bookings, the University may require additional first aid provisions to be made, these are to be made after consultation with the University and as set out in the Booking Form.
4. If you have a medical condition, or any concerns about your health, get medical advice before using the Facilities, and tell a member of staff about the condition and advice. If you are injured or have an accident in the centre, please report it immediately to a member of staff. You must not use the Facilities if you have an infectious disease or condition. Do not block the fire exits or walkways. If you hear a fire alarm, leave the centre through the nearest fire exit and follow the instructions given by staff.
5. Where the hire of the Facilities involves the use of the University’s Sports & Fitness Centre, for security reasons all Users must store personal belongings and valuables in a locker provided in the centres, if one is available, under the terms of usage operated by the University from time to time. Users may only use a locker while the centres are open. The University may remove any contents left in a locker after closing time. If the University removes your belongings from a locker, you can claim them back at the reception desk up to two weeks after the date they were removed. After two weeks, the University can dispose of, and will not be responsible for, them. Putting your belongings in a locker will not guarantee that they will not be lost, stolen or damaged, and we will not accept any liability for items placed in lockers unless any loss, theft or damage is a result of the University’s negligence.
6. University of Birmingham Sports & Fitness complaints and appeals policy:

• We treat all people who make complaints with respect, and expect respect for the staff who deal with complaints.
• All feedback is recorded in a way that can be analysed in order to improve services in both the short and the long term.
• If you have a complaint, comment or concern, discuss this with a member of staff. After speaking to a member of staff, if you are still not happy you can follow the complaints procedure below.
• Email your complaint to [email protected].
• We will aim to acknowledge your complaint in writing within 2 Working Days.
• We will aim to settle your complaint within 10 Working Days.
• If you are not satisfied with our response to your complaint, you can follow the appeals 11 procedure below. • Email your complaint to [email protected]. ac.uk.
• We will aim to acknowledge your appeal in writing within 2 Working Days.
• We will aim to give a final response to your appeal within 10 Working Days.
• The Senior Management Team’s decision is final. Schedule

3 – Bramall/Elgar Booking

These Conditions shall apply where specified in the email sent by the University to the Hirer bearing reference ‘BRE’ and/or where the Facilities include the Bramall Music Building or the Elgar Concert Hall.

1. In this Schedule “Performance” “Programme” and “Provisional Itinerary” means the performance, content of the Performance, and provisional itinerary for the Performance in each case as set out in the Booking Form.
2. The Programme for the Performance will be as specified in the Booking Form. If the Programme has not been settled as at the date on which the Agreement takes effect, then the Parties will seek to reach agreement at the earliest opportunity to their mutual satisfaction. No changes to the Programme are to be made without the prior agreement of both Parties.
3. The Parties shall seek to confirm the Provisional Itinerary at the earliest opportunity and in any event not less than 15 Working Days prior to the commencement of the Hire Period.
4. The University shall publicise the Performance in appropriate online and offline marketing material or as otherwise agreed between the Parties. The Hirer shall be responsible for producing and providing printed programmes for the Performance.
5. Printed programmes for the Performance and related merchandising may be sold by Bramall Music Building stewards by prior arrangement and in that event the University will account to the Hirer after the Performance with the proceeds subject to deduction and retention of the Programme Fee set out in the Booking Form.
6. The Hirer is solely responsible for the sales of all tickets in connection with the Booking. The Hirer shall notify the University in writing, 15 Working Days prior to the commencement of the Hire Period and on the date of commencement of the Hire Period, of the number of tickets sold by it in connection with the Booking.
7. Where the Booking leads to the playing of music and/or the performance, broadcast or recording of anything which may be protected by copyright, performance rights, or any other similar or equivalent intellectual property rights:

• the Hirer agrees to pay to the University a pro-rata contribution to the University’s (or the Hotel’s, as appropriate) Phonographic Performing Licence and Performing Rights Society Licence. The University shall issue an invoice to the Hirer in respect of that prorata contribution within 30 days of the Hire Period, and the Hirer will pay the pro-rata contribution within 30 days of the date of that invoice without set off, counterclaim or other deduction;
• The Hirer confirms that it has and will have in place all necessary consents in connection with the playing, performance, broadcast and/or recording, and will provide proof of such consents on the University’s written request.

8. The User shall not use the University’s name, logo, crest, branding, registered image or trademark for any purpose without the prior written consent of the University.
9. Subject to Condition 8, no audio or video recording, or streaming or live streaming on any social media platforms or any other mechanical reproduction of the Performance or rehearsal on the University’s premises) whatsoever will be permitted without the prior agreement in writing of the University. 12
10. The User acknowledges that the University may arrange for a part of the Performance or rehearsal of the Performance to be recorded (not exceeding two minutes duration) for the purposes of news or documentary coverage, if notification of this is given to the User before the Performance Date. The University will seek written consent from the Hirer for recordings agreed with the Hirer in advance of the recording.
11. The University shall take reasonable steps to ensure that no unauthorised recording or broadcast, aural or visual, takes place during the Performance.

Schedule 4 – Data Protection

In this Schedule 4 the following definitions shall apply:

“Applicable Law” means all applicable laws, statutes, enactments, regulations, declarations decrees, directives, legislative enactments, orders, binding decisions of a competent Court or Tribunal, regulations, rules, regulatory policies, guidelines, codes, other binding restrictions, regulatory permits and licences applicable under law which are in force from time to time during the term of the Agreement, including the rules, codes of conduct, codes of practice, practice requirements and accreditation terms stipulated by any regulatory authority or body to which the University or the Hirer is subject from time to time as the same are amended, consolidated, modified, re-enacted or replaced;

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;

“Data Exporter” means a Party making or proposing to make a transfer of Personal Data which is a Restricted Transfer;

“Data Processing Particulars” means, in relation to any Processing under this Agreement: (a) the subject matter and duration of the Processing; (b) the nature and purpose of the Processing; (c) the type of Personal Data being Processed; and (d) the categories of Data Subjects;

“Data Protection Laws” means: (a) any Applicable Law which applies to each Party in any territory in which they Process Personal Data and which relates to the protection of individuals with regards to the Processing of Personal Data and privacy rights, including without limitation the GDPR and the e-Privacy Directive and relevant member state laws in the European Economic Area (“EEA”) and in relation to the United Kingdom (“UK”) the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (amended by SI 2011 no. 6) and the GDPR (as incorporated into UK law under the UK European Union (Withdrawal) Act 2018) as the same are amended in accordance with the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by SI 2020 no. 1586) as amended to be referred to as DPA 2018, PECR, and the UK GDPR respectively, as the same are amended, consolidated, modified, re-enacted or replaced from time to time; 13 (b) any code of practice or guidance published by a Regulator from time to time; and/or (c) any binding pronouncements (including findings, orders, decisions and/or judgements) issued by a Regulator or a court;

“Data Subject” means an identified or identifiable natural person to whom Personal Data relates, regardless of whether the person can be identified directly or indirectly;

“Data Subject Request” means an actual or purported request or notice or complaint from or on behalf of a Data Subject exercising his rights under the Data Protection Laws;

“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016;

“Losses” means all losses, fines, penalties, liabilities, damages, costs, charges, claims, amounts paid in settlement and expenses (including legal fees (on a solicitor/client basis), disbursements, costs of investigation (including forensic investigation), litigation, settlement (including ex gratia payments), judgment, interest and penalties), other professional charges and expenses, disbursements, cost of breach notification including notifications to the data subject, cost of complaints handling (including providing data subjects with credit reference checks, setting up contact centres (e.g. call centres) and making ex gratia payments), all whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;

“Personal Data” means any information relating to a Data Subject, including but not limited to any Special Category Personal Data and data relating to criminal convictions and offences;

“Personal Data Breach” has the meaning set out in the Data Protection Laws;

“Personnel” means all persons engaged or employed from time to time by the University in connection with this Agreement, including employees, consultants, contractors and permitted agents.

“Process” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (and “Processing” and “Processed” shall be construed accordingly);

 “Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller;

“Regulator” means any local or national agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering, providing guidance on, supervising and enforcing Data Protection Laws, including in the United Kingdom the Information Commissioner’s Office, or any successor or replacement body from time to time;

“Regulator Correspondence” means any correspondence or communication (whether written or verbal) from a Regulator in relation to the Processing of Personal Data; 14

“Restricted Country” means a country, territory or jurisdiction which: (i) is not covered by an adequacy determination by a competent authority with jurisdiction over the Data Exporter; (ii) or otherwise in relation to which a transfer restriction applies under the Applicable Laws of the Data Exporter;

“Services” means the Facilities;

“Special Category Personal Data” means information which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, and data concerning health or a person’s sex life or sexual orientation; and

“Third Party Request” means a written request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by law or regulation.

1. Data protection

1.1 Arrangement Between The Parties

1.1.1 The Parties acknowledge that the factual arrangements between them dictates the classification of each Party in respect of the Data Protection Laws. Notwithstanding the foregoing the Parties anticipate that the Hirer shall act as a Controller and the University shall act as a Processor where the University is Processing the Personal Data on behalf of the Hirer in connection with the performance of its obligations under this Agreement; and

1.1.2 Each of the Parties shall in performing its obligations under this Agreement, comply with the obligations imposed upon it under the Data Protection Laws.

1.1.3 Each of the Parties acknowledges and agrees that Appendix 1 (Data Processing Particulars) to this Agreement is an accurate description of the Data Processing Particulars.

1.2 Data Controller Obligations

1.2.1 Without limiting the generality of the obligations set out in Paragraph 0, in particular, the Hirer shall:

(a) make all required notification(s) to the Regulator in relation to its Processing of Personal Data;

(b) ensure that it is not subject to any prohibition or restriction which would: (i) prevent or restrict it from disclosing or transferring Personal Data to the University; (ii) prevent or restrict it from granting the University access to Personal Data; and/or (iii) prevent or restrict the University from Processing Personal Data, in each case as required for the University to perform the Services in accordance with this Agreement;

 (c) ensure that all fair processing notices have been given (and/or, as applicable, consents obtained) and are sufficient in scope to allow the University to Process Personal Data as required in connection with the provision of the Services under this Agreement and in accordance with the Data Protection Laws;

(d) ensure that all Personal Data disclosed or transferred to, or accessed by, the University is accurate, up-to-date, adequate, relevant and not excessive to enable the University to process Personal Data as required for the University to perform the Services in accordance with this Agreement; 15

(e) maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the Controller by Data Protection Laws including, without limitation, (i) ensuring a level of security appropriate to the risk involved in the processing (which shall include without limitation and, as appropriate, taking steps such as the pseudonymisation and/or encryption of personal data, taking steps to ensure the ongoing confidentiality, integrity, availability and resilience of the systems and services used to process Personal Data, ensuring the ability to restore the availability and access to Personal Data and regularly testing the effectiveness of the systems in place); (ii) adhering to any relevant codes of conduct or approved certifications; and (iii) ensuring that all individuals who have access to Personal Data maintain the confidentiality and security of Personal Data and comply with the terms of this Agreement; and

(f) not do anything which shall damage the reputation of the University.

1.3 Data Processor Obligations

1.3.1 To the extent that the University Processes any Personal Data as a Processor on behalf of the Hirer for the purpose of performing the Services under this Agreement, the University undertakes to the Customer that the University shall:

(a) only Process Personal Data for and on behalf of the Hirer for the purposes of performing its obligations under this Agreement and only in accordance with the Hirer’s instructions from time to time, unless otherwise required by law;

 (b) inform the Hirer immediately if it considers any of the Hirer’s instructions infringes Data Protection Laws;

 (c) implement and maintain appropriate technical and organisational security measures to safeguard against any unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and where requested provide to the Hirer evidence of its compliance with such requirement;

 (d) take all reasonable steps to ensure the reliability and integrity of any of its staff and independent contractors who have access to Personal Data and ensure that only staff and contractors who are required to assist in performing the Services have access to such Personal Data;

(e) ensure that any of its staff and/or contractors who have access to Personal Data have entered into appropriate contractually binding confidentiality undertakings;

(f) not disclose Personal Data to a third party (including a sub-contractor or subprocessor) unless the third party agrees to terms which are substantially the same as the terms set out in this Agreement and/or in response to Third Party Requests where the University is prohibited by law or regulation from notifying the Hirer;

(g) at the Hirer’s reasonable request: (i) make available to the Industry Partner evidence to demonstrate the University’s compliance with the requirements of this Paragraph 0; and/or (ii) allow for and contribute to audits of the University’s Processing activities pursuant to this Agreement conducted by or on behalf of the Hirer on reasonable notice;

(h) at the Hirer’s direction, arrange for the prompt and safe return and/or secure permanent destruction of all Personal Data, together with all copies in its possession or control (if any) within twenty eight (28) days of such direction and, where requested by the Hirer, certify that such destruction has taken place, 16 except where the the University is required by Applicable Law to retain any of such Personal Data;

 (i) not transfer any Personal Data to a Restricted Country unless such transfer is made in compliance with the Data Protection Laws;

(j) at the Hirer’s request use all reasonable endeavours to assist the Hirer to comply with the obligations imposed on the Hirer by or in relation to:

(i) the rights of Data Subjects;

(ii) assistance to the Regulator; and/or

(iii) Data Protection Impact Assessments provided that any such assistance shall be provided to the Hirer subject to a fee payable to the University to be agreed between the Parties

Appendix 1 to Schedule 4 – Data Processing Particulars

The subject matter and duration of the Processing

Subject matter – information relating to the Hirer’s Guests.

Duration – until the conclusion of the Hire Period and thereafter for such longer period as is reasonably necessary to enable the University to perform its obligations under this Agreement

The nature and purpose of the Processing

The Hirer’s Guests’ personal data – processed by the University for the purposes of performing its obligations under this Agreement.

The type of Personal Data being Processed

The Hirer’s Guests’ names and, where they declare them (whether directly or through the Hirer), their special dietary or disability related requirements and details of those requirements (including details of any allergen-specific requirements).

The categories of Data Subjects

The Hirer’s Guests

Lost Property

View our lost property policy here.