This License agreement is intended for guidance purposes and should be checked by your legal representative as no responsibility will taken by NCASS or it’s agents for any losses or damages in any way form or kind, resulting from its use.
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PARTICULARS
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Date of agreement
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____/____/____
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Parties:-
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a) Name and address of Licensor
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Post Code
Tel: Fax:
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b) Name and address of Licensee
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Post Code
Tel: Fax:
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Address of premises ( Pitch )
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Description of the pitch (including
dimensions)
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Show / event name
Size (m) X
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Type of Retail Unit
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Trailer / van conversion / stall / marquee / other (please state)
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Size of Retail Unit
Overall dimensions, including tow bar, gas box etc.
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Size (m) X
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Licence Period (including times)
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Date ____/____/____
Times from to
Site arrival date ____/____/____
Latest time of arrival
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Licence Fee (including deposit)
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Deposit Required £
Date to be paid ____/____/____
Total License Fee £
Date to be paid ____/____/____
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Back up vehicles are allowed next to Retail Unit
The Retail Unit can be left overnight
The pitch must be vacated by
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Yes / No
Time Date ____/____/____
Time : Date ____/____/____
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Additional Services to be provided by the
Licensor
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Electricity /water / gas / waste collection / other (Delete as applicable) _________________________
Additional charges for above £
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Attach to this Agreement
¨ A full price list of items to be sold
¨ A copy public / product liability insurance valid for the event dates to a minimum of
£5 million public / product liability and £10 million employers liability
¨ A copy of a valid hygiene certificate for at least one person on each Retail Unit
¨ A plan layout of the site (if available)
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IT IS AGREED as follows:-
1. The Licensor's Responsibilities
1.1 The Licensor agrees to permit the Licensee by way of licence (in common with the Licensor and all others authorised by the Licensor so far as not inconsistent with the right given) and its employees, agents and sub-contractors and all persons duly authorised by it:-
(a) to use the Pitch during the Licence Period to provide the Services;
(b) to use such other part of the premises as the Licensor shall designate to
obtain access to and egress from the Pitch.
1.2 The Licensor may designate the location of the Pitch and of any access ways at its discretion, provided that the description of the Pitch shall match that set out in this Agreement.
1.3 The Licensor shall also supply any Additional Services set out in this Agreement, but shall not be obliged to supply any other goods or services of any kind under this Agreement.
1.4 Nothing contained in this Agreement whether express or implied shall grant to or confer on the Licensee any sole and exclusive selling rights on the Premises.
1.5 It is agreed between the parties that this Agreement constitutes a licence and confers no tenancy upon the Licensee and that possession of the premises is retained by the Licensor subject to the rights created by this Agreement.
1.6 The Licensor gives no warranty that the Premises or the Pitch are legally or physically fit for the provision of the Services.
2. Licensee's Responsibilities
The Licensee agrees and undertakes:-
2.1 to pay the Deposit and the balance of the Licence Fee and any other monies due to the Licensor in accordance with the terms of this Agreement;
2.2 to provide and operate at his own expense the Retail Outlet, all equipment necessary for the efficient and safe running of such outlet and the provision of the specified Services;
2.3 at all times to observe and comply in all respects with the statutory or other requirements, rules, regulations and bye-laws (including those laid down by the local environmental health or other competent authority and those made by the Licensor for the management of the Premises) relating to the Retail Outlet and the use of it;
2.4 to be solely liable for and indemnify the Licensor against all loss, damage, claims or demands which may in any way arise either directly or indirectly out of the licence hereby granted and to secure the performance of this indemnity by entering into a policy of insurance to a minimum value of £5 million, a copy of the certificate of which is annexed to this agreement.
2.5 at any time during the Licence Period to permit the duly authorised officers of the Licensor to enter the Retail Outlet for the purpose of examining the conditions of it or for any other purpose deemed expedient by the Licensor;
2.6 not to do or allow anything to be done which in the opinion of the Licensor may be a nuisance, danger, damage or annoyance to or in any way interfere with the Licensor, its servants and agents or the quiet comfort, safety and enjoyment of all persons rightfully using the premises;
2.7 not to use or allow anyone to use the Retail Outlet or any part of it for any purposes other than the provision of the Services during the continuance of this Agreement;
2.8 to keep the Pitch clean and tidy and clear of rubbish and to leave it in a clean and tidy condition and free of the Licensee's furniture, equipment, good sand chattels at the end of the Licence Period;
2.9 not to obstruct the access ways or cause them to become dirty or untidy nor to leave any rubbish on them;
2.10 not to display any signs or notices at the Pitch without the prior written consent of the Licensor, except for the Licensee's name, trading name and address which shall be displayed at the Retail Unit throughout the Licence Period;
2.11 not to encroach onto other parts of the Premises but to keep the Retail Outlet, all equipment, vehicles including any service counter and other things of whatever kind within the Pitch, save that an awning may be erected which extends outside the Pitch provided that the support of such awning is within the Pitch;
2.12 to be responsible for the cost of any equipment or property of the Licensor which is damaged or lost by the Licensee, its employees, agents or sub-contractors or whilst in their possession, whether due to any act, default or neglect, save for fair wear and tear;
2.13 not to assign any part of this Agreement to any third party without the consent in writing of the Licensor;
2.14 to occupy the Pitch only during the Licence Period, including assembling and dismantling time if any, and then promptly to vacate the Pitch including removal of all of its property, subject to contrary agreement by the Licensor;
2.15 not to publish details of the Licensor in any literature or elsewhere with out obtaining the prior written consent of the Licensor;
2.16 not to provide any goods or services other than those stated on the price list annexed to this Agreement, nor to provide any of the Services at prices other than those recorded on the list and not to offer any goods or services without charge unless expressly stated on the list;
2.17 to display the price list annexed to this Agreement at the retail Unit throughout the Licence Period;
2.18 not to supply goods or services which are not of a satisfactory standard as defined by current legislation;
2.19 that it has not relied on any representations made by or on behalf of the Licensor including any descriptions contained in any publicity or other material except for this Agreement;
2.20 to protect generators from the public, to fill them using a funnel and only when cold;
2.21 to offer the Services throughout the Opening Times;
2.22 not to keep any vehicles on the Pitch except the Retail unit, except where expressly permitted;
2.23 to bring onto the Premises only those persons who will work in the Retail Unit throughout the Opening Times and to ensure that all food handlers hold a suitable food handler's qualification;
2.24 to have suitable fire-fighting and first aid equipment at the Retail Unit and to have evidence of gas and electrical inspections within the previous 12 months available for inspection;
2.25 to have a suitable "Due Diligence" system at the Pitch (available from MOCA).
3. Payment Provisions
3.1 The Licensor reserves the right by giving notice to the Licensee at any time before the Licence Period to increase the Licence Fee, if the contents of this Agreement are changed by agreement between the Parties;
3.2 The Licensor reserves the right to increase the Licence Fee by a proportionate amount if the Licensee occupies the Pitch or otherwise uses the facilities beyond the Licence Period.
3.3 The Licensee shall pay;-
(a) the Deposit on the date of this Agreement;
(b) the balance of the Licence Fee and any other monies due within 7 days of
the date of receipt of an invoice.
3.4 If the Agreement is made within 14 days of the start of the Licence Period, the whole of the Licence Fee shall be payable immediately.
3.5 The Licence Fee shall be exclusive of VAT at the current rate.
3.6 If the Licensee fails to make any payment within the time specified in this Agreement, the Licensor may;-
(a) cancel the Agreement; or
(b) refuse to provide access to the Pitch and any Additional Services until
payment is made in full; or
(c) charge the Licensee interest on the amount unpaid at the rate of 2% per
annum above the Lloyds Bank Plc base rate from time to time until payment in
full is made.
4. Limitation of Liability
4.1 If the Licensee has any complaints or is dissatisfied in any respect with any facilities provided by the Licensor or its employees, agents or sub-contractors which the Licensor can reasonably be expected to rectify at the Premises during the Licence Period, they shall immediately bring those to the Licensor's attention. The Licensor will use its best endeavours to rectify any problems as soon as possible.
4.2 Any complaint which the Licensor could not reasonably be expected to have so rectified shall be notified to the Licensor in writing within 14 days of the end of the Licence Period.
4.3 the Licensor shall not be responsible for any complaints or dissatisfaction with any goods or services provided by it which are not notified to it in accordance with clauses 4.1 or 4.2 above, nor for any complaints or dissatisfaction which are the fault of the Licensee or any third party not being an employee, agent or sub-contractor of the Licensor acting in the course of his engagement.
4.4 The terms of this Agreement represent the whole agreement between the parties and, except where the Licensee is dealing as a consumer, all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise relating to the provision of any goods or services under or in connection with the Agreement including (without limitation) as to the condition, quality, performance, merchantability or fitness for purpose of any goods or the standard of care used in the provision of services are hereby expressly excluded from the Agreement save for the undertakings implied by statute in respect of title to any goods.
4.5 the Licensor shall not be liable under contract, tort (including negligence) or otherwise for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused including loss of profits.
4.6 the Licensor accepts liability for death or injury caused by the negligence of the Licensor, its employees, agents or sub-contractors in the course of their engagement under this Agreement without limit.
4.7 the Licensor shall not be liable for death or injury caused by the Licensee, any third party not being an employee, agent or sub-contractor of the Licensor acting in the course of his engagement, factors beyond its control or otherwise except in accordance with clause 4.6.
4.8 the Licensor shall not be liable for theft, loss or damage to property of the Licensee, its employees, agents or sub-contractors.
4.9 In all other cases not falling within clause 4.6, the Licensor's total liability (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed the Licence Fee in aggregate.
5. Cancellation
5.1 The Licensor may cancel this Agreement with immediate effect on written notice if,-
(a) the Licensee defaults in payment of the Deposit, the Licence Fee or any
other sums due under this agreement;
(b) the Licensee ceases to carry on its business, becomes insolvent, goes into liquidation, a receiver or administrator is appointed or makes a voluntary
arrangement;
(c) the Licensee is in breach of this Agreement.
5.2 In the event of a breach by the Licensee of the terms of this Agreement during the Licence Period, the Licensor shall be entitled to close the Retail Unit and to insist that it is promptly removed from the premises.
5.3 The Licensor may also cancel this Agreement at its discretion at any time by giving 28 days notice in writing to the Licensee.
5.4 If the Licensor cancels the Agreement under clause 5.1, the Licensee shall pay or forfeit the Deposit and any costs incurred by the Licensor in excess of the Deposit. if the Licensor cancels under clause 5.3 it shall refund all monies paid by the Licensee. If the Licensor cancels the Agreement in circumstances beyond the control of either party, the Licensee shall pay only the costs incurred by the Licensor.
5.5 If the Licensee cancels the Agreement at any times it shall pay or forfeit the Deposit an any costs incurred by the Licensor in excess of the deposit. if the cancellation takes place within 14 days before the start of the Licence Period the Licensee shall pay the whole of the Licence Fee, less any cost savings made by the Licensor.
5.6 Termination of this agreement shall not affect any rights of the parties accrued to them up the date of termination.
6. Miscellaneous
6.1 Neither party shall not be liable for any delay in performing or failing to perform any of this obligations under this agreement due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, breakdown of plant, failure in supply of utility services, non-receipt of booking or other event beyond it s reasonable control.
6.2 This Agreement is the complete statement of the agreement between the parties and supersedes all previous communications.
6.3 If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.
6.4 Any variation of this Agreement shall be inapplicable unless recorded in writing and signed by both parties.
6.5 All notices given by either party under this agreement shall be in writing and shall be delivered by hand or sent by post to the other party at its address set out in this Agreement.
6.6 This Agreement will be construed in accordance with and governed by the law of England and Wales.
Signed by………………..for …………………………. Signed by ……………….for………………………….
Name of signatory Company / trading name Name of signatory Company / trading name
and on behalf of the Licensor and on behalf of the Licensee
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