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Events at Searcys | The Gherkin

Terms and Conditions

(Searcys operate venue management and catering services on behalf of TOB Restaurants Limited)

Date: Wednesday 16th December 2015

INTERPRETATION In this application: “the Company” means TOB Restaurants Limited Trading as Searcys/The Gherkin of 1 Bridges Court, York Road,

London SW11 3BB (Registered Company No 6395584)

“the Hirer” means the party named in the client confirmation document. “the Venue” Searcys | The Gherkin, 30 St Mary Axe, London, EC3V 1LP “the Authorised Officer” means the Company’s Special Events Manager or any other employee or representative or Agent of the Company notified to the Hirer “the Function” means as stated in the confirmation “Working days” means (for the purpose of Clauses 6 & 18) Monday to Friday (inclusive) save for recognised Bank or

Public Holidays which will not be regarded as working days

1. Confirmation of Hire and Deposit

a) In order to confirm a booking, signed terms and conditions together with a deposit must be returned to the Company, and must be received within two weeks of the issue of the request. The deposit required: Event: 100% of the full Venue Hire + VAT and 100% of the minimum catering spend (F&B) + VAT

b) The Company reserves the right to cancel any event should the deposit payment not be forthcoming by the date requested. Provisional bookings will be held for a maximum of 10 working days from the date of the reservation.

2. Conditions of Hire

a) Numbers

The maximum number of guests must not exceed the licensed capacities of the areas as advised by The Company. The maximum capacity for Levels 39 & 40 is 260 guests for stand-up reception and 140 for dinner. If the booking is a dinner on the level 40, additional furniture will be needed and there will be an additional charge plus VAT.

b) Hired Areas & Times

The hire charge includes only the use of areas and times as stipulated in the hiring agreement.

c) External Suppliers

For external suppliers to use the venue they will need to adhere to the following:-

A flat fee of £1000+VAT to be paid to Searcys, Tansley & Co. For each supplier providing equipment or services at the venue: A copy of the company’s public liability insurance

The Event Manager must have a full list of equipment that will be brought on site 2 working days prior to the event taking place. All electrical equipment must be PAT tested.

Where required risk assessment and method statement will need to be submitted 5 working days prior to the event date. The supplier must visit the floors where they will be providing the equipment 10 working days prior to the event. Please note access to the loading bay will not be granted before 6.30am for breakfast event and 3.30pm for evening event – unless authorised by the Event Manager.

d) Production & Theming

The use of any production/theming items, audio visual equipment, entertainment, flowers or corporate signs/displays and furniture arrangement or additional theming are subject to prior approval by the Company.

e) Entertainment

Music and other entertainment is permitted for the purpose of background entertainment and is subject to the following conditions. The area to be used for entertainment to be as instructed by the Company. If required, a sound system and other audio visual equipment will be provided by the Venue at the rates advised by the Company. If extra technical

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equipment is required this must be approved by the Company and provided by a landlord approved supplier at the price quoted via the Company.

f) No Smoking

30 St Mary Axe is a no smoking building and this must be stipulated on all invitations.

g) Security & Guest List

For security purposes a guest list, including company names must be provided to the Company no later than 24 hours prior to the event. On arrival at 30 St Mary Axe all guests must register at the designated area, showing named ID. All guests without exception must pass through the building’s security procedure upon arrival.

h) Guest Registration

Hirer must provide a minimum of two staff throughout the event to greet their guests in the lobby of 30 St Mary Axe and authorise their access to the building. Where Searcys provide staff for this purpose there would be an additional cost.

i) Filming & Photography

Permission must be sought from the Company before any filming or photography takes place in any areas of the building.

j) Press & Media

Any press or media attendance or involvement in the event must be clearly communicated in details to the Company at the time of booking the event and is subject to landlord approval.

k) Signage

Hirer corporate signage is only permitted on levels hired from the Company. Hirer signage is strictly prohibited in any lift or lift area, on Level 34 or any ground floor and lobby areas. The Company will provide directional signs for guests at the ground floor and in lift areas.

l) Damage to the Building

Hirers are not permitted to fix anything to the walls or any other surfaces of the Venue. Any signs or displays must be free standing and are subject to prior approval by the Company. All items must be lifted or carried, not dragged, within the Venue and must not cause damage to any surfaces. Any damage whatsoever incurred will be invoiced to the Hirer.

m) Hirer Belongings: Delivery & Storage

All materials brought in specifically for events (corporate signs, publications, displays, goody bags, etc) to be delivered to the Venue between 14.00 – 16.00 on the day of the event. All deliveries must be booked in with the Company and be made via the building’s loading bay. The Company can provide a detailed policy for deliveries to the building. All materials must be removed from the Venue immediately following the event. Onsite storage for materials is not available. The Company cannot under any circumstances guarantee the safe keeping of any materials delivered early or left on site.

n) Goody Bags

If goody bags are to be distributed they must be brought to the Venue to be delivered to the Venue between 14.00 – 16.00 on the day of the event pre-bagged and boxed. All goody bags must be removed by the Hirer at the end of the event.

o) Licensing

The Company operates the Venue according to the terms of its premises license. Intoxicated persons and persons under 18 years will not be served and will be asked to leave the premises. The Company reserves the right to refuse entry at all times.

p) Unacceptable Behaviour

The Hirer is ultimately responsible for the behaviour of their guests. Anti-social, violent or threatening behaviour will not be tolerated. In such cases the Company management and security personnel at 30 St Mary Axe reserve the right to remove or refuse admittance to such persons on the premises.

3. Invitations

a) Approval

All copy and images of invitations must be submitted to the Company for approval.

b) Name of the Building

The official building name is 30 St Mary Axe and this should be used on all invitations when referring to the building.

c) Address

The full address of the building must be included on invitations; 30 St Mary Axe, London, EC3A 8EP. A map can be provided by the Company to be used on invitations however any good quality map may be used.

d) Images of the Building

Any use of 30 St Mary Axe images for invitations must be provided by the Company only. Adaptation of the building’s external image will not be allowed.

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e) No Smoking & Security

All invitations should state that 30 St Mary Axe is a no smoking building. Guests should also be made aware of security checks on arrival.

4. Force Majeure

Neither party shall be in breach of this Agreement if there is any, total or partial failure of performance by it of its duties and obligations under this Agreement occasioned by any act of God, fire, act of government or state, act of third party war, civil commotion, insurrection, act of terrorism, embargo or any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under this Agreement as a direct result of the effect of one of those reasons that party shall give written notice to the other of the inability which sets out full details of the reasons therefore.

5. Termination

a) If for reasons beyond the control of the Company (the Company having used all reasonable endeavours to avoid the same) it is necessary for the Company to close the Venue or cancel the Function the Company may (without prejudice to the rights and remedies of either party in respect of any prior breach by the other) terminate this Agreement upon reasonable prior notice (which shall be no less than 48 hours save in the case of emergency when as much notice as is reasonably possible will be given) to that effect to the Hirer and in that event the Company shall unless there has been a breach of any of the material conditions of this Agreement return the due proportion of the amount paid for the use of the venue but the Hirer and other persons attending the Function shall have no further claim whatsoever against the Company in respect of such termination of the Agreement.

b) In any event and notwithstanding anything in this Agreement the Company will not be liable to the Hirer, its guests, employees, agents or contractors for any consequential, special, or indirect loss, loss of business profits or contracts or loss of reputation to the Hirer in the event of cancellation of the Function or termination of this Agreement by the Company.

6. Indemnity

The Hirer will be responsible for all losses of, damages to property at the Venue or bought by the Hirer to the Venue and for death or injury to any persons and/or loss of or damage to any goods, articles or property of any kind arising in connection with the function caused by or in consequence of any act or omission on the part of the Hirer, its agents, employees, contractors, guests or invitees and indemnifies and shall keep indemnified the Company against all such death, injury, loss or damages. Costs and charges arising under statute or common law or otherwise. The Company does not purport to exclude its liability for death or personal injury as a result of breach of a legal duty of care owed by the Company, its employees or agents.

7. Catering & Charges

a) Caterer

The Company is the sole event caterer in the Venue and the Company will provide all food and beverage requirements.

b) Minimum Spend

The minimum spend as mentioned at the end of this document must be met. Any outstanding amounts not spent on catering will be added to a final invoice.

c) Service Charge

A discretionary service charge of 12.5% will be added to your food and beverage bill.

d) Final Catering Numbers

Final catering numbers and details are required in writing no less than 3 working days prior to the event. These are the numbers for which you will be charged. If numbers increase after this the Company will endeavour to accommodate the extra guests however this cannot be guaranteed.

e) Wine Availability

The Company cannot guarantee that every wine and vintage will be available at all time, but will always endeavour to match unavailable wines with a comparable product and price. Wine prices will vary according to supplier and excise tax increases and the Company will provide a current list on request.

f) Payment Terms

Where credit is granted, unless otherwise agreed in writing all sums payable in respect of Venue Hire, Catering and Sundry charges must be paid without deductions within 14 days from the date of the invoice. All charges unpaid after their respective final date of payment for payment shall carry interest on the amounts outstanding from time to time in respect of business customers at the prevailing rate pursuant to the terms of The Late Payment of Commercial Debts (Interest) Act 1998. In the event of any payment due from the Hirer to the Company being dishonoured, a charge of £45.00 (or such other sum as the Company may from time to time advise the Hirer) will be made on the Hirer’s account to cover bank and administration costs. The Company reserves the right in its absolute discretion to refuse to grant

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credit. The Company/The Venue reserves the right to suspend or cancel the performance of the contract if payment dates are not adhered to. All food, beverage and sundry charges must be pre-ordered and paid for on invoice. The Company does not operate a cash bar for events unless agreed with the Company.

g) Methods of Payment

Payment can be made by cheque (payable to TOB RESTAURANTS LTD), BACS (bank details will be provided on request), Mastercard, Visa or Debit Card. The Company does not accept American Express or Diner’s Card.

h) Pricing

All prices quoted are subject to the addition of VAT at the rate prevailing on the date of the function. The Company reserves the right to vary published prices and rates as and when it deems necessary.

i) Function Details

The Company will provide the Hirer with a detailed function sheet including summary of costs which is required to be checked and signed by the Hirer prior to the event.

j) Final Invoicing

The Hirer is required to sign off a bill indicating the levels of consumption at the end of their event. The Company will issue a final invoice by post within 7 working days following the event. The Hirer has 7 working days from the date of receiving the final invoice in which to query any charges.

8. Cancellation & Postponement Policy

In the event of cancellation or postponement of the booking, the Company shall be entitled to cancellation charges as detailed below:

i) 126 or more days prior to the commencement of the event, the Company will return the paid deposit in full.

ii) 91 – 125 days prior to the commencement of the event, the cancellation fee will be 25% of the total value of the event (full room hire and minimum catering spend).

iii) 61 – 90 days prior to the commencement of the event, the cancellation fee will be 50% of the total value of the event (full room hire and minimum catering spend).

iv) 31 – 60 days prior to the commencement of the event, the cancellation fee will be 75% of the total value of the event (full room hire and minimum catering spend).

v) 1 – 30 days prior to the commencement of the event, the cancellation fee will be 100% of the total value of the event (full room hire and agreed catering spend).

vi) Following a reduction in numbers to be catered for by more than 25% subsequent to the acceptance of the quotation. The Company have the right to re-quote. If the venue should be unavailable for any reason then without prejudice to and prior to exercising its right of termination under Clause 5 (a), the Company will use reasonable endeavours to provide suitable alternative accommodation within the group.

In addition, any penalty fees charged to the Company which are made on the Hirer’s behalf in connection with the function will be payable by the Hirer.

9. Contracts (Rights of Third Parties) Act 1999

Notwithstanding any other provision herein contained nothing in this Agreement for Hire confers or purports to confer any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999 on any person who is not a party hereto.

10. General Terms & Conditions

a) These Terms & Conditions are without prejudice. In the event of any conflict the Company’s Terms & Conditions shall take precedence.

b) In the event that the Hirer is acting as an Agent for the Principal, the Venue requires a written confirmation from the Principal that the Agent is empowered to contract with the Venue on the Principal’s behalf.

c) All contracts are subjected to the Agreement of a minimum number of attendees.

d) No variation of amendment of this Agreement shall bind either party unless made in writing and signed by duly authorised officers of both parties.

e) No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party under or pursuant to this Agreement shall constitute a waiver by that party of that or any other right power or remedy.

f) Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.

g) This Agreement (together with all agreements and documents referred to in it) constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements and understanding, whether oral or written, with respect to the subject matter hereof. In the event of an inconsistency or conflict between the terms in the Agreement and the terms in a Schedule, the terms in the Agreement shall govern.

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h) If any provision in this Agreement is declared by a judicial or other competent authority to be illegal, void, voidable, or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

i) Nothing in this Agreement shall be deemed to constitute a relationship of joint venture partnership or agency (save as expressly stated in this Agreement) between the parties.

11. Notice

Any notice to be served under this Agreement shall be in writing and served upon the recipient at its address as herein before set out (or such other address as may be notified for this purpose) either by hand, first class inland letter, facsimile or email and shall be deemed served 48 hours after posting if sent by post, on delivery if delivered by hand and on completion of transmission if sent by facsimile.

12. Anti-Bribery

The Hirer shall not engage in any activity, practice or conduct which would constitute an offence under section 1, 2 or 6 of the Bribery Act 2010.

13. Drugs

The possession or use of drugs is prohibited by Law (including but not limited to the Misuse of Drugs Act 1971). Anyone found to be in possession of illegal items or substances will be immediately ejected from the Venue.

14. Confidentiality

Each party shall keep strictly private and confidential all information and documentation disclosed to it by the other parties which relates to any trade secrets (any information relating to the activities of the other parties or any of its methods of carrying on business). The receiving parties will not use, copy or disclose such information or documentation to any third party.

15. Right to Enter

The Company reserves the right for the Authorised Officer, the warding staff as appointed by the Company or other persons so authorised by the Authorised Officer to enter any part of the Hire Accommodation at any time during the function.

16. English Law

This Agreement shall be governed by English Law and the parties hereby submit to the jurisdiction of the English Courts.

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Name:

Company name:

Address:

Date of event:

Rooms: Level 39 & 40

Timings 18.30-23.00 (16.00 for set-up)

Room Hire: £10,000+VAT

Minimum spend: £7,500+VAT

Service charge: 12.5 % on Food and Beverage

I/We hereby agreed for Searcys | The Gherkin to carrying out a business credit report for the purposes of agreeing a line of credit.

I/We warrant that I/We have the authority to enter into this agreement, details provided are true to the best of my/our knowledge and I/We acknowledge that I/We have read and received a copy of these Terms & Conditions and agree to abide by them.

Invoicing Instructions – Must be completed in full and for all events (additional/ multiple addresses, please forward details on company letter head.)

Invoicing Address: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

Hirers

Searcys | The Gherkin

A signed copy and deposit to be received within 2 weeks of its issue.

Signed: ______________________________________________________________________________

By (print name): ______________________________________________________________________________

Dated: ______________________________________________________________________________

Signed for and on behalf of the Hirer

Signed for and on behalf of Searcys | The Gherkin: _______________________________________________________________________________________

Dated:

_______________________________________________________________________________________