1. LICENCE FOR USAGE
AL NOOR INSTITUTE ( “AL NOOR “) grants the Hirer the use of the Hall ( as defined in the Hire Enquiry Form and Plan attached) and located at 2nd floor 1517a London Road, Norbury, SW16 4AE (“the premises”) , on the dates and during the hours and for the purposes of the hire set out in the Hire Enquiry Form.
2. HIRER’S OBLIGATIONS
The Hirer agrees and undertakes to:
2.1
Ensure that all people attending the premises for the purposes of the hire (the “Attendees”) observe the provisions of this agreement, do not commit any nuisance, disturbance, damage, annoyance, inconveniences or interference to the premises ( including but not limited to the Hall) or any adjoining or neighbouring premises and comply with all reasonable requests of AL NOOR employees and/or volunteers;
2.2
Comply with all security, health and safety, fire and other regulations and statutory requirements relating to the premises and not commit any illegal acts and to follow any directions given by AL NOOR employees and/or volunteers in respect of the same;
2.3
Not to carry out any electrical or other works, use their own electrical equipment or fix anything to the floors, ceilings, walls or any other part of then premises without AL NOOR’S prior written consent.
2.4
Not to bring any inflammable, noxious or dangerous items onto the premises and remove any items (whether or not they are inflammable, noxious or dangerous) promptly when requested to do so;
2.5
Not to carry on any betting, gaming or auction activity on the premises;
2.6
Not to use the AL NOOR name or logo on promotional or other literature or tickets, except in such form as may be previously agreed in writing by AL NOOR.
2.7
Not to cause any damage to the premises ( including but not limited to marking of walls, ceiling and floors) and forthwith either ( at the sole discretion of AL NOOR ) to make good any damage caused at its own cost and to the reasonable satisfaction of AL NOOR and /or pay on demand any and all cost AL NOOR incurs in making good damage;
2.8
Only to use the room for the purpose of the hire
2.9
To leave the premises in a clean and tidy condition and with vacant possession at the end of the hire period; and
2.10
Not to impede in any way the employees and volunteers of AL NOOR in the exercise by them of rights of possession and control of the premises;
4. FACILITIES AND EQUIPMENT
4.1
AL NOOR will provide the Facilities if any ( as set out in the Hire Enquiry Form) and the hire is inclusive of electricity costs for heating and lighting used at the premises.
4.2
Any food or drink to be consumed on the premises .will comply with Health and Hygene statutory requirements .No person is permitted to use the kitchenette apart from persons authorised by the Hirer. All catering disposables including black bags for Rubbish will be provided by the Hirer. No cooking of any description is permitted on the premises.
4.3
At least 7 days prior to the booking date (as defined in the booking form) the hirer shall inform AL NOOR if they wish to bring and use any equipment, other than AL NOOR facilities, at the premises. Where AL NOOR consents in writing to the use of such equipment, the hirer shall be responsible for the security and insurance of such equipment, for obtaining all consents and necessary licences, for its prompt removal at the end of the hire period and compliance with current health and safety standards..AL NOOR does not provide in-house technical support and is not responsible for disruption to the hirer during the hire period if technical difficulties with Hirer’s equipment are encountered.
5. TERMINATION BY AL NOOR
5.1
AL NOOR may terminate this Agreement without notice and without any liability to the hirer if;
5.1.1
The Hirer is in arrears with payment to AL NOOR or
5.1.2
The Hirer is in breach of any of the provisions of this Agreement and fails to rectify such breach ( if capable of remedy) within a reasonable period from the date of AL NOOR’s notice; or
5.1.3
The Hirer is declared either bankrupt or insolvent or any steps are made towards the same.
5.2
In the event of termination by AL NOOR pursuant to clause 5.1, any deposit/hire fees paid by the hirer shall be retained by AL NOOR.
5.3
AL NOOR may terminate the agreement with notice and without liability to the hirer if the premises or any part of them (including but not limited to the Hall) have to be closed due to reasons of safety or exceptional circumstances e.g. fire or flood)
5.4
In the event of termination by AL NOOR pursuant to clause 5.3 any deposit/hire fees paid by the hirer shall be refunded by AL NOOR.
5.5
Termination of this agreement by AL NOOR shall not affect any rights of AL NOOR in respect of antecedent breach of this Agreement by the hirer nor shall it affect any accrued rights of AL NOOR or liabilities of the hirer (or the coming into force of any accrued rights of AL NOOR or liabilities of the hirer).
6. LIABILITY
6.1 Subject to clause 8.2. AL NOOR ‘s maximum aggregate liability for loss or damage in respect of any claims arising out of this Agreement whether in contract, tort or otherwise shall not exceed the total amount of the hire fee and any agreed Additional fees ( excluding VAT) received by AL NOOR from the hirer (in cleared funds).
6.2 Nothing in this Agreement shall exclude or restrict AL NOOR’s liability for death or personal injury resulting from the negligence of AL NOOR’s or of its employees while acting in the course of their employment or shall exclude or restrict either party’s rights, remedies or liability under the law governing this Agreement in respect of any fraud.
6.3 Notwithstanding the above it is confirmed that AL NOOR has in place its own Public and Employers Liability Insurance in respect of it’s use of the premises .
7. INDEMNITY
The hirer shall indemnify AL NOOR and keep AL NOOR indemnified against all losses, claim, penalties, demand, actions, , proceedings, damages, costs or expenses or other liability ( including consequential loss or damage) arising in anyway from any breach of the hirer’s obligations under the Agreement or the exercise, purported exercise or breach of any of the rights granted to the Hirer in this Agreement.
8. MISCELLANEOUS
8.1 No variation to this Agreement shall be effective unless in writing and signed on behalf of AL NOOR and the Hirer.
8.2 Except as expressly set out in this Agreement, all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the obligations of the parties under this Agreement are excluded insofar as it is possible to do in law.
8.3 The hirer shall not assign or sub-contract of its rights or obligations under this Agreement without the prior written consent of AL NOOR.
8.4 If the whole or any part of any provision of this Agreement is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement and shall in no way effect the validity or enforceability of any other provisions.
8.5 No waiver by AL NOOR of any breach of the hirer’s obligations shall constitute a waiver of any other prior or subsequent breach and AL NOOR shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any obligation of the Hirer.
8.6 No person other than a party to this Agreement may enforce this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
8.7 In the event of any conflict between any provision in the Booking form and any provision in these terms and conditions, these terms and conditions shall prevail.
8.8 This agreement shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.