Orangery at West Lexham Manor

All bookings made are non-transferable and non-refundable in line with our Terms and Conditions. We advise that you take out the relevant insurance to cover the eventuality of an unforeseen circumstance beyond your or our control.

West Lexham Retreat Hire Agreement & Terms and Conditions This Agreement of your booking is subject to the Terms and Conditions which are attached in this document. By paying a deposit the Hirer(s) and West Lexham hereby accept and agree the Terms and Conditions. Terms and Conditions Definitions 1.1 In these Terms and Conditions the terms defined shall have the meanings given to them there and, unless the context otherwise states or requires: 1.1.1 Agreement means the contract formed between West Lexham LLP and the Hirer comprising Part One (Commercial Terms), this Part Two (the Terms and Conditions), any Schedules or Annexes, the Booking Pack and any other documents expressly incorporated by reference; 1.1.2 Booking Pack means the planning and payment guide and other information and guidance that will be provided by us to you during the booking process for your Event at West Lexham LLP. 1.1.3 Damages Deposits means the Damage Deposit as set out in Part One and (if applicable) the Dog Damage Deposit. 1.1.4 Dog Fees has meaning given to it at Clause 9.1. 1.1.5 External Suppliers means any contractors or providers of goods or services used by you in connection to the Event, including those suppliers on our Recommended Suppliers List. 1.1.6 Fees means the Venue Hire Fee, the Services Fees and any other fees payable by the Hirer under this Agreement. 1.1.7 Guests means your visitors, attendees and any permitted contractors. 1.1.8 House Rules means the rules set out in Annexure 1. 1.1.9 Recommended Suppliers List means our list of recommended External Suppliers that we may provide to you pursuant to Clause 5. 1.1.10 Services means the services we provide to you in relation to the Event, including catering and any additional services agreed by both you and us in writing in advance of the Event. 1.1.11 we, our and us and West Lexham LLP refers to the Partners at West Lexham LLP trading as West Lexham LLP or any incorporated entity which may be established for the purposes of incorporating West Lexham LLP. 1.1.12 you, your, yours and yourselves and the Hirer refers to the client or clients specified in Part One. 1.2 Where the Hirer consists of two or more persons, such expression shall mean and include such two or more persons and each, all and any of them. All obligations on the part of the Hirer shall be joint and several obligations of such persons. 1.3 A reference to communication made or agreement reached in writing shall include a reference to communication made via email. 2. Venue hire 2.1 In consideration of your payment of the Fees and of your compliance with the obligations set out in this Agreement, West Lexham agrees to hire out the Venue to you for the Hire Period and the Bedrooms for the Bedroom Hire Period (if applicable, as stated in Part One) so that you can host your Event. 2.2 All fees are inclusive of VAT and payable to West Lexham LLP. 2.3 The Venue Hire Fee covers hire of the Venue, Bedrooms (if applicable and as indicated in Part One) and the provision of the specified Event Extras. It does not include any other services or facilities at the Venue: all other services and facilities shall be agreed either in Part One or separately in writing between the parties and Services Fees shall be charged in addition in accordance to these Terms and Conditions. 2.4 The 7% non-refundable Booking Fee, taken as part of the first payment when booking, is to cover the administration and costs surrounding the taking of the booking and is not refundable. 3. Venue Hire Deposit and balance 3.1 The 25% (Hire Deposit) of the total amount (Hire Fee) needs to be paid, to place the Booking. As well as the non-refundable Booking Fee, which is 7% of the total cost of the whole Hire Fee. The Venue Hire Deposit and the Booking Fee (32%) are payable by you within 7 days of signing this Agreement. Your booking will be treated as provisional until you return a signed copy of this Agreement together with the payment to us and we subsequently confirm in writing that the booking has been agreed. 3.2 If we have not received a signed copy of this Agreement from you and/or the Venue Hire Deposit and Booking Fee has not been paid within the 7 day period we reserve the right to release the date at our discretion. If you wish to reinstate the date after it has been released, and it is still available, then we will issue you with a new venue hire agreement reflecting any changes in hire fees payable (if any and as applicable). 3.3 This Agreement and any subsequent terms agreed between you and us in writing constitute the entire agreement between you and us. 3.4 The Balance of the Venue Hire Fee is due 56 days (actual days, not working days) which is 8 calendar weeks, in advance of the Event, or immediately if the event is within 56 days. It must be paid within 7 days of the due date. If it is not paid within 7 days, it will be deemed that you are cancelling the event. West Lexham will attempt to resell the dates of your booking. 3.5 The Venue Hire Deposit will be refunded to you only in accordance with the provisions of Clauses 14 and 16. 3.6 If you do not pay any balance or other sums due to us within 7 days of the due date(s) set out in this Agreement, we shall be entitled to cancel your Event and the provisions of Clause 14 shall apply. 4. Venue and Services 4.1 We may at our absolute discretion make changes to the scope of the Venue, the Bedrooms, the Event Extras and/or the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services or the Event. For example if new Covid regulations come into place. We shall notify you in advance of such changes. 4.2 We recommend that you visit the Venue both prior to making your booking and within a reasonable period prior to the date of your Event to ensure its suitability for your requirements. If you are not happy with any aspect of the Venue, the Bedrooms or the Services, it is your responsibility to bring this to our attention and we will take reasonable steps to assist you. Provided that we notify you of such costs in advance, if we incur additional costs in making such changes we shall be entitled to pass such costs on to you. 5. Services including catering, beverages and External Suppliers 5.1 If you are using external caterers, you agree that they will abide by the Terms and Conditions set out in Annexure 2. 5.3 We will provide you with our Recommended Suppliers List. We give no guarantees whatsoever in relation to the standard, quality or status of the services of any External Supplier on our Recommended Supplier List, although we will ensure that they have adequate insurance cover. It is your responsibility to ensure that you are satisfied with any External Supplier. Payment terms in respect of any External Suppliers will be agreed between you and the External Supplier. 5.4 You must ensure that External Suppliers who are not on our Recommended Supplier List have in force with a reputable insurance company public liability (and if applicable, employer's liability insurance) to a minimum of £5million for each separate claim, and shall provide to West Lexham on request both the insurance certificate giving details of cover, and the receipt for the current year's premium in respect of such insurance. You will provide contact details for external suppliers and ask them to provide copies of their insurance documents to be delivered within 30 days of the Venue Deposit being paid. 5.5 The use of External Suppliers who are not on our Recommended Supplier List must be agreed with us in writing in advance. We retain the right to refuse access to the Venue to any External Supplier who has not been approved by us. 6. Administration 6.1 We will provide you with either a spreadsheet to help with room allocation or link to software with temporary use of a URL/website address which you may use to display Event information for guests and allocate rooms. 6.2 You agree not to post any offensive or defamatory content that infringes the intellectual property rights or data protection rights of any third party, or is otherwise unlawful. 6.3 Unauthorised commercial advertising (including website linking) is not allowed. 6. Health and safety Use of the Venue and the Bedrooms by you and your Guests is at your own risk. It is your responsibility to make yourself aware of any hazards in and around the Venue, Bedrooms and Premises, such as water features, and to inform and warn your Guests that these constitute a danger. You must ensure that all proper precautions are taken by you and your Guests to avoid damage, injury or loss of life to any person or animal. 8. House rules 8.1 You will comply with the House Rules set out in Annexure 1 while on the Premises, and make sure that your Guests do too. 8.2 If the maximum noise level as set out in the House Rules is exceeded and the request to reduce noise levels is not adhered to we may stop the Event in accordance with Clause 9.5 and no refund will be payable. 8.3 If we receive any reasonable complaints as a result of noise caused by you or your Guests which gives rise to a formal warning from Breckland District Council you will be charged £500 per complaint, which will be invoiced on top of the Damages Deposit. 9. Damage, breakages, theft to property and guest behaviour 9.1 If you wish to bring dogs anywhere on site at West Lexham a charge of £35 per dog per stay is payable in advance. A maximum of 3 dogs is permitted per property. Dogs are not permitted in Stable Cottage. You are responsible for clearing up after your dog. 9.2 The Damages Deposit of £400 shall be held on your card until from 2 days before the event until 2 days after the event. No charge will be taken provided that no damages have occurred. We will collect card details from the Hirer 7 days prior to the booking. 9.3 You are responsible for any breakages or damage at the Premises , whether to the property or to any chattels, or theft of any items from the Premises by you or any Guests and you agree to indemnify us for any claims brought against us as a result. 9.4 We accept no responsibility for any loss, damage or theft of any personal belongings. 9.5 You are responsible for your own and your Guests’ behaviour. If we have any reason to believe that any behaviour is unacceptable, dangerous or unlawful we will be entitled to take whatever action we deem necessary. If there are problems that cannot be prevented or remedied, you acknowledge that we may, in our absolute discretion, stop the Event and ask everyone to leave the Premises. No refunds will be given in such circumstances. This includes threatening or aggressive language/behaviour directed at any person on site. 9.6 If there have been any breakages, damage or theft to or from the Premises, the cost of repair or replacement will (subject to the provisions of Clause 12 around damage to Bedrooms) be taken from the Damages Deposits and we shall invoice you for the costs. If the costs exceed the Damages Deposits you will be invoiced for the excess and this will be payable on demand. If the costs are less than the Damages Deposits the difference will be refunded to you. 9.7 You agree to claim on insurance for the cost of any repairs in excess of the Damages Deposits. 9.8 Only resident Guests who are entitled to stay in the Bedrooms can remain on site after 11pm. As a matter of fire safety, only Guests that have booked in advance and are on the ‘guest manifest list’ can stay overnight. 9.9 We reserve the right on no less than 12 weeks prior written notice to you to increase the amount of the Damage Deposit we require you to pay – and that we will hold – under the terms of (and for the purposes of) this Agreement. We will endeavour to ensure that any increase will be reasonable, and (amongst other things) will reflect advice from our own insurers. 10. Equipment and property 10.1 You, your Guests and External Suppliers bring all equipment and property (including cars and other vehicles) to the Premises entirely at your or their own risk and we accept no responsibility or liability for any loss or damage whatsoever. 10.2 All electrical equipment must be PAT tested before it is brought to the Premises. Any untested equipment will not be permitted on the Premises. 10.3 Removal of all items related to the Event is your responsibility and must be removed by 10am on the day after the Event, unless with prior written permission. 10.4 We will store lost property for one month following the Event. We are not responsible for contacting you, Guests or External Suppliers in connection with returning it to the rightful owner. You are welcome to collect any lost property, otherwise we shall invoice you, Guests or External suppliers (as appropriate) for the cost of returning the items. There is a minumum charge of £10 for returning lost property . 11. Hire Period 11.1 You will have access to the Venue at all times during the Hire Period (as set out in Part One). 11.2 If you or your Guests have not vacated the Venue, or any External Suppliers have not removed their equipment, by 10am on the date of departure we reserve the right to charge you a late fee of £200 plus VAT per hour or part thereof after 10am. You may agree a variation on this with us in advance. 11.3 Arrival and Departure times of your Event are agreed with your contact at West Lexham, your Guests and External Suppliers agree to adhere to these timings. Please note that any Guests arriving prior to the Hire Period will not have access to the Venue. 12. Bedrooms/Accommodation 12.1 The provisions of this Clause 12 shall apply where you have booked any bedrooms/accommodation alongside your venue 12.2 Unless otherwise agreed in writing: 12.2.1 Bedrooms are available from 4.00pm on the day of check-in. 12.2.2 Bedrooms must be vacated by 10.00am on the day of check-out. 12.3 Extra beds above the number advertised may be provided subject to the payment of additional Services Fees. 12.4 Bookings may not be transferred to another date. 12.5 We are able to provide 1 travel cot, although Guests may bring their own free of charge. 12.6 We are able to advise Guests who require mobility assistance on the suitability of the Bedrooms we have available. In order to comply with our fire safety measures it may be a requirement to have a responsible person in reasonable proximity to the Guest to aid evacuation from the Bedroom in case of fire or other emergency. 12.7 Where use of the Bedrooms is included in the Venue Hire fee, no refund shall be given for any vacant or unused Bedroom unless otherwise agreed in writing by us. 12.8 You are responsible for any damage caused to the Bedrooms by you or your Guests. 13. Transfer of Hire Period 13.1 If you wish to transfer the date of the Hire Period you must notify us as soon as possible to discuss your intended New Date. Please note that transfers to a New Date may only be made subject to our discretion and availability. There may be an additional charge subject to our discretion and if the new date is of a higher value. 13.2 Subject to 13.1 if the initial Hire Period is far enough in advance, we may at our discretion, be able to simply move your booking. Otherwise we may need to cancel the booking and rebook the New Date as a brand new booking. If cancellation is necessary, then you will get a full refund of the Venue Hire Fee, but not the 7% non-refundable Booking Fee. 13.3 Your original confirmed date will be deemed to stand unless you receive written confirmation from us that we have received your request to transfer your Hire Period and that we have agreed to the transfer or cancellation. 13.4 When and if we agree to the transfer of Hire Period, transfer of Hire Period charges will be invoiced as per Clause 13.1 & 13.2 above depending on what is agreed. 13.5 We shall then repeat the process set out in Clause 3 of this Agreement and issue you with a new venue hire agreement in respect of this new date. We reserve the right to increase our Fees to reflect any actual or predicted increase in our costs or rates. The dates on which the Fees are payable shall be adjusted accordingly, and (if applicable) shall be set-off against any Fees already paid by you to us. 13.6 It is your responsibility to notify any third parties of the change in your Hire Period. 14. Cancellation, cancellation fees and termination 14.1 You have the right to cancel your Retreat at any time by advising us of your intention to do so in writing to team@westlexham.org 14.2 If at the point of cancellation there are funds due on your booking they must be settled immediately, as per the payment schedule 14.3 You will be liable for 100% of any Additional Fees, Extras or Service Fees that are not cancellable or recoverable by us. It is your responsibility to notify any third parties of the cancellation of your Event. 14.4 In the event of cancellation under 14.1, we shall try to obtain a suitable alternative booking for the Venue during the Hire Period. If West Lexhan LLP cannot find a suitable alternative booking we reserve the right to not refund your hire. We strongly recommend you take out relevant cancellation insurance to cover yourself in this event. West Lexham LLP has until 48hours prior to your original booking to find a suitable replacement. 14.5 If a suitable replacement booking is found, you will receive a refund of the hire fee, less the 7% booking fee. Should a replacement booking only cover a partial amount of your original stay, refunds will be made according to the difference in price of the original and alternative booking. Any refunds will be made within 5 working days of what would be your original date of departure 14.6 West Lexham has the right to terminate this Agreement with immediate effect by advising you in writing if: (a) you commit a material or persistent breach of this Agreement, including non-payment of fees, and, if the breach is capable of remedy, do not remedy that breach within 14 days; or (b) we have reasonable grounds to believe that either or both of you have become bankrupt or have made any arrangement with your creditors. (c) we believe that there has been deception surrounding the purpose/theme of your event 14.7 Where we terminate this Agreement under 14.6, you must reimburse us for any losses and costs we suffer as a result (and we shall be entitled to retain some of the monies already received from you to do this). We shall mitigate these losses where possible. 14.8 Termination of this Agreement, for whatever reason, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provisions impliedly or expressly stated to survive termination. 15. Limitation of liability 15.1 Subject to clauses 15.2 and 15.3, our total liability to you for any loss you suffer will be limited to the total amount of money payable by you to us for your Event. 15.2 We will not be liable for any losses or damage which were not reasonably foreseeable to both you and us when this Agreement was entered into. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us at the time of booking). In addition, we will not be liable for any losses that were not caused by any breach of contract or breach of statutory duty or negligence on our part. 15.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. As such, nothing in these terms excludes or limits in any way our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal or unlawful for us to exclude or limit (or attempt to exclude or limit) our liability. 16. Force Majeure 16.1 For the purposes of this Agreement, a Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, government lockdowns or forced closures, failure of a utility service or transport network, act of God, sickness, pandemics, nuclear radiation, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or other adverse weather conditions or default of third parties. We shall not be liable to you, or be in breach of this contract, as a result of any delay or failure to perform our obligations under the Booking as a result of a Force Majeure Event. 16.3 In the event of a Force Majeure Event, we may in our absolute discretion cancel your Event, in which case the Venue Hire Deposit, Services Deposit and any balances of the Venue Hire Fees or the Services Fees, which have been paid by you, shall be fully refunded, but not the 7% non-refundable booking fee. 16.4 If for any reason beyond our control, we are forced to bring your Hire to an end early due to a Force Majeure Event affecting us, you or our property we will refund you 50% of your remaining lodging costs based on the time of your Booking remaining, minus reasonable expenses incurred. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable. 16.5 In the event of a COVID-19 related Government Lockdown whereby West Lexham LLP must cancel your booking, you will be entitled to a refund of all hire fees paid less the 7% non-refundable booking fee. This refund will be processed within 5 working days of what would be your day of departure 17. Copyright and data protection 17.1 We reserve all copyright and any other intellectual property rights which subsist in the products of, or are used in connection with hosting events at the Premises. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property. 17.2 We will use personal information provided by you to us to provide Services to you and to host the Event. 18. Hours of business We operate within normal business hours for event planning and all meetings between you and us (in person and by phone) should aim to occur 9.00am to 5.00pm Monday to Friday. Any meetings outside of business hours are at our discretion and must be arranged in advance of the meeting. 19. General 19.1 We shall be relieved of our contractual obligations to the extent that their performance is prevented by, or their non-performance is a direct or indirect consequence of your act, neglect or default. 19.2 No variation of this Agreement shall be effective unless we have agreed it specifically in writing. 19.3 This Agreement shall be governed in all respects by the Laws of England and you hereby submit to the exclusive jurisdiction of the English Courts. 19.4 The parties acknowledge that West Lexham is permitted to assign, transfer, charge or otherwise deal with all or any of its rights and/or obligations under or pursuant to this Agreement or sub-contract the performance of any of its obligations under or pursuant to this Agreement without requiring the prior written consent of the Hirer. Annexure 1 The House Rules • Children must be supervised at all times by a responsible adult. • The Premises is a smoke free environment. Smoking is only permitted outside, you and the Guests must use the containers provided to dispose of cigarettes. • We have a strict no drugs policy and if anyone is found to be abusing illegal substances the action deemed necessary will be taken. A responsible drinking policy will also be enforced. • Only Guests that have a Bedroom booked in their name can stay overnight at West Lexham. This is mainly to do with fire regulations. It is the responsibility of the person booking the Bedroom to inform us of the names of the Guests staying in each Bedroom. • Music must be off by 10:30pm or the agreed time for the end of the Event and all Guests not booked to stay in a Bedroom must have left within an hour of the end of the Event, otherwise we will be in breach of our agreements with the rest of the village and therefore this is non-negotiable. • No naked flames are permitted inside the Venue or the Premises except candles and tea lights by written permission, which must be non-drip and contained within the correct protective holders. Candles in trees, meadows and inside any room or structure are not permitted. Exceptions may be made at our discretion (e.g. Hindu Ceremony). • Bedroom Checkout is 10.00am and Venue Checkout on the Event End Date is 10.00am. The cleaning team needs access to the rooms from then unless agreed otherwise in writing • Consideration for the villagers in the vicinity of the Premises is of paramount importance. You must not exceed the maximum noise levels for amplified music set by us. All music will be turned off at 10:30pm unless agreed in advance. It is your responsibility to inform your bands, DJs or other entertainers of this rule. • We have the right to ask for noise levels to be reduced at any time during your event. • The car park area is particularly noise sensitive and villagers can easily be disturbed by noise coming from the grounds and car park. It is your responsibility to make all Guests aware of noise sensitivities and to act accordingly when moving around the grounds. Car doors slamming at night are of particular concern. • We are here to ensure you have the most magical of times and want you to feel very much at home. As such we hope that your Guests will respect West Lexham in the same way that you would expect them to respect your home. If some Guests do become disrespectful we will do our best to deal with it ourselves but should things get out of hand, we will need to call upon you to help control any uncontrollable issues. Basically we expect a shared responsibility with the house and grounds! • Upon departure you are responsible for leaving the venues as you found them. This includes disposal of rubbish into the large bins by the site entrance, and washing up any equipment used. Additional cleaning costs will be charged should the venues be left in an unsatisfactory state. • We do not permit Hen do’s or Stag do’s or any event of a similar nature Annexure 2 Terms and conditions for use of external caterers 1. These terms and conditions form part of the Agreement and are accepted fully by the Hirer when booking an event with external catering. 2. Provision of external caterers 2.1 Permission to use an external caterer is granted solely on the basis that the caterer is able to provide the following information: (a) Current Food Safety Management Procedures – to include HACCP documents relevant to the event (b) Food hygiene certificates for staff on site (c) First aid certificates for designated staff on site (d) PAT test and gas safety certificates for any equipment being used on site (e) Public Liability and Employers Liability Insurance documents. 2.2 If any of this information is not supplied prior to the caterer arriving they will not be allowed to operate on site. 2.3 Information should be sent directly to team@westlexham.org 2.4 The Hirer shall ensure that the caterers comply with the terms and conditions of this Agreement. 2. Refrigerated transport The caterer will provide a refrigerated vehicle for transporting food (if appropriate) to the venue and for storing chilled food while on site if the capcity of our fridges are exceeded. 3. Site visit Prior to the Event, the caterer must undertake a site visit to assess the facilities, access for parking, etc. and to carry out relevant risk assessments. 4. Waste removal The caterer will be responsible for removal of all their waste from the site including cooking oils, cardboard, etc. 5. Cleaning The caterer will be responsible for leaving the kitchen and all used areas as they were found in a clean and tidy state. You will be charged for any necessary cleaning costs incurred in the event that the catering areas are not left in a clean and tidy state. 6. Cover charge Subject to our discretion a cover charge of will apply whenever an external caterer is used. This will cover the use of West Lexham catering areas and equipment. This also includes supply of all services including power, water, etc. Staff, cutlery, crockery and linen are not included and thus should be provided by your caterer. You the Hirer are responsible for any losses or damage to equipment by external caterers if our recommended caterers are not used. A cover charge of £250 per event will apply for all external caterers used