Bar supply and exceptional event experiences.
Information
Event Archive
Featured Events
→ C&F Wedding
→ Yungblud / B.R.A.T.
→ Private Garden Party
→ FOLK 25 Years
E: hello@henrysbar.uk
IG: @henrysbar_
Bar supply and exceptional event experiences.
Information
Event Archive
Featured Events
→ C&F Wedding
→ Yungblud / B.R.A.T.
→ Private Garden Party
→ FOLK 25 Years
E: hello@henrysbar.uk
IG: @henrysbar_
TERMS AND CONDITIONS OF BUSINESS
Henry Wheatley is a sole trader.
1. The Agreement
1.1. These Terms and Conditions together with any quotation agreed between the individual, company or other legal entity (Client) and Henry Wheatley (together the Agreement) govern the relationship of the parties in relation to the services and products (Services) provided on the date or dates agreed (Event Date) by Henry Wheatley to the Client.
1.2. All bookings whether made orally, by telephone, email, post or however are subject to these Terms and Conditions.
1.3. If the Client makes a request for any additional Services from Henry Wheatley not included in any quotation agreed by the parties, Henry Wheatley shall be entitled (subject to these Terms and Conditions) to charge its standard rate and a mark-up for the additional Services (provided such rates and mark-up will be subject to change without notice).
1.4. If there is an inconsistency between any of the provisions of these Terms and Conditions and the provisions of any written quotation the provisions of the written quotation shall prevail.
1.5. When booking Services that provides alcohol, the Client must be over 18 years of age to enter into the Agreement and in the event that the Client is not 18 years of age Henry Wheatley may forthwith cancel the Agreement without any liability to the Client.
2. Supply of the Services
2.1. Henry Wheatley shall supply the Services in accordance with the Agreement.
2.2. In supplying the Services, Henry Wheatley shall:
2.2.1. perform the Services with the level of care, skill and diligence in accordance with good practice in Henry Wheatley's industry, profession or trade;
2.2.2. co-operate with the Client in all matters relating to the Services, and comply with all reasonable instructions of the Client;
2.2.3. use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that Henry Wheatley's obligations are fulfilled;
2.2.4. comply with all applicable laws, statutes and regulations.
3. Event Staff
3.1. Event staff will provide Services for the agreed service hours from their start time until the end time, as set out in the Agreement. Henry Wheatley has a 4 hour minimum booking time, although this time can include set-up and breakdown.
3.2. Henry Wheatley cannot accept a request from the Client for the agreed service hours to be adjusted within 24 hours of the Event Start Date and any times cannot be adjusted by any more than three hours either earlier or later than the original start and end times. Henry Wheatley reserves the right to not provide service after the end time unless the Client signs the appropriate event staff job sheet (provided at every event). Any additional time requested at the Event by the Client will be calculated after the event and invoiced to the Client at a rate of 1.5 times the original hourly rate or such other rate as agreed between the parties.
3.3. If the Client provides stock, glassware, bar, and / or ice, and if the Client provides inadequate or poor supplies of any of the above, this may impact on the enjoyment of the Client’s event and is not the responsibility of Henry Wheatley.
3.4. As part of the quotation Henry Wheatley may agree a reasonable number of drinks per person in advance with the Client. If the Client supplies incorrect information relating to the number of guests, the number of drinks may be incorrect and this can jeopardise the longevity of drinks supplies.
3.5. Any stock remaining at the specified end time will be taken back by Henry Wheatley. Stock which has been paid for by the Client, although sourced by Henry Wheatley, which the Client does not wish to keep can be stored by Henry Wheatley and Henry Wheatley may buy such stock and the Client may be given a credit of up to a maximum of 25% of the original cost price.
3.6. If Henry Wheatley is requested by the Client to purchase any additional stock due to the Client not ordering or providing enough stock for the event, Henry Wheatley will add a 25% management fee to the invoice together.
4. Equipment
4.1. All equipment, including mobile bars, bar equipment, draft beer dispensing units, glassware, signage and branded equipment (including any equipment purchased for use at an event) provided by Henry Wheatley remains the property of Henry Wheatley.
5. Loss and damage to equipment
5.1. Mobile bars, glassware, draft beer dispensing units, storage boxes and all other equipment are audited before and after the event.
5.2. If any equipment is returned in a state unfit for use i.e. broken, damaged, cracked etc. then the Client will be required to pay an additional damage invoice. This will be charged at cost plus 20% management charge.
5.3. If any glassware is returned in a state unfit for use i.e. broken, chipped, cracked etc. then the Client will be required to pay an additional invoice of £2.00 for each broken glass.
5.4. If a draught beer dispensing unit is returned in a state unfit for use i.e. broken, split cables etc. then the Client will be required to pay an additional invoice of the cost to replace the unit or damaged part plus 20% management fee.
5.5. Henry Wheatley will also charge the Client for the replacement of any storage boxes that are lost or returned damaged.
5.6. The Client is also responsible in the same way for any losses of equipment or other items left overnight for collection the next day.
5.7. All invoice for damage, losses and extras will be payable by 7 days after the Event Date.
6. Mobile Bars
6.1. The foldable mobile bars weigh approx. 85kg each. Henry Wheatley will set up the mobile bars unless otherwise advised by the Client. Should the Client choose to set up, breakdown or move the mobile bars then Henry Wheatley is not responsible for any resulting injury or damage to persons or property. If the Client wishes to set up, breakdown or move the mobile bars, the Client must comply with the instruction leaflet provided. If at any time the mobile bars are moved, a minimum of two persons must carry the bars.
7. Title and Risk
7.1. Title to any goods shall not pass to the Client until Henry Wheatley receives payment in full for the goods and all other sums that are or that become due to Henry Wheatley under the Agreement.
8. Charges and payment
8.1. In consideration for the provision of the Services, the Client shall pay Henry Wheatley the sums agreed in the Agreement (Charges) in accordance with the Agreement. The Charges may be a fixed sum or may be an estimate because the Charges cannot be ascertained at the date of the Agreement.
8.2. Unless otherwise agreed in the Agreement, Henry Wheatley shall invoice the Charges to the Client:
8.2.1. For a deposit being one half of the Charges such invoice to be paid on entering into the Agreement; and
8.2.2. For the other half of the Charges such invoice to be paid at least 7 days prior to the Event Date.
8.3. Any additional Charges payable not already invoiced prior to the Event Date are payable no later than seven days following the Event Date.
8.4. The Client shall pay each invoice which is submitted to it by Henry Wheatley to a bank account nominated in writing by Henry Wheatley. Time for payment shall be of essence of the Agreement.
8.5. Unless otherwise agreed in the Agreement, the Client shall reimburse to Henry Wheatley, in addition to the Charges, the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably and properly incurred by Henry Wheatley's employees, subcontractors and agents in the provision of the Services.
8.6. If the Client fails to make a payment due to Henry Wheatley under the Agreement by the due date for payment, then, without limiting Henry Wheatley’s other remedies under the Agreement, Henry Wheatley shall have the authority to suspend or cancel the Services and to forfeit any deposit paid.
8.7. Further if the Client fails to make any payment due to Henry Wheatley under the Agreement by the due date for payment, then, without limiting Henry Wheatley's other remedies under the Agreement, the Client shall pay interest on the overdue amount at the rate of 4% per annum above Lloyds Bank 's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
8.8. All amounts due under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. Cancellation
9.1. The Client can cancel the Agreement up to 28 days prior to the Event Date in which case any deposit becomes fully refundable. For a cancellations less than 28 days prior to the Event Date any deposit is not refundable. For a cancellation less than 14 days prior to the Event Date any deposit is not refundable and the Client agrees to pay in full the Charges.
9.2. To be valid any notice of cancellations must be received by Henry Wheatley in writing or by email. A notice of cancellation will be acknowledged in writing or email by Henry Wheatley within 24 hours of receipt.
10. Client’s obligations
10.1. The Client is fully responsible for access to site on which the event is being held and is responsible to provide to Henry Wheatley (where applicable):
10.1.1. Suitable parking; and
10.1.2. Suitable loading and unloading; and
10.1.3. Suitable power supply (13 amp socket) for bars; and
10.1.4. Suitable floor for the bar; and
10.1.5. The correct venue address; and
10.1.6. The correct venue date and time.
10.2. Any failure by the Client to provide any of the above may result in delays which will not be the responsibility of Henry Wheatley. Parking fines occurred due to the lack of adequate parking provision by the Client will be paid immediately by Henry Wheatley and such parking fines and all associated costs will be payable by the Client.
10.3. The Client shall ensure that it obtains, and maintains all consents, licences and permissions (statutory, regulatory, contractual or otherwise) which are necessary other than those that Henry Wheatley have agreed to obtain in the Quotation.
10.4. The Client agrees that Henry Wheatley may use the Client’s name and details of the Client’s event, including any images of the event, to promote the business of Henry Wheatley.
10.5. The Client shall co-operate with Henry Wheatley in all matters relating to the Services and provide such access to the Client's premises and such facilities as may reasonably be requested by Henry Wheatley and agreed with the Client in advance, for the purposes of the Services and inform Henry Wheatley of all health and safety rules and regulations and any other reasonable security requirements that apply at the Client's premises.
10.6. If Henry Wheatley's performance of his obligations under any Agreement is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Henry Wheatley shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
11. Licensing
11.1. Henry Wheatley is not responsible for acquiring temporary event notices for paid bar events unless required to by the Client in writing and therefore is also not responsible for any breaches of licences outside of Henry Wheatley’s control.
11.2. Henry Wheatley is fully licensed and promotes responsible drinking with drinkaware.co.uk
12. Intellectual Property Rights
12.1. Both Henry Wheatley and the Client shall retain ownership of all intellectual property rights that each of them owned prior to the Agreement.
13. Limitation of Liability
13.1. The Client acknowledges and agrees that Henry Wheatley provides a highly professional and entertaining service but is not responsible for the success or non-success of the Client’s event.
13.2. Henry Wheatley accepts no responsibility for the failure to access, or lateness to access any event due to reasons including, but not limited to, strikes, terrorist threats or attacks, road closures, demonstrations, severe traffic, vehicle breakdown, accidents, severe weather, public transport delays and cancellations or sudden illness and the Client should insure their event against such situations as the Client will remain liable for full payment of the Charges.
13.3. Nothing in the Agreement shall limit or exclude Henry Wheatley's or the Client's liability for:
13.3.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
13.3.2. fraud or fraudulent misrepresentation; or
13.3.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
13.4. Subject to the previous sub-clause:
13.4.1. neither party to the Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the Agreement;
13.4.2. Henry Wheatley's total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the Charges paid under the Agreement;
13.4.3. Henry Wheatley does not accept responsibility for public liability in connection with any Services nor responsible for any injury or damage to persons or property arising from the use of any equipment belonging to Henry Wheatley.
14. Non-solicitation
14.1. The Client shall not, without the prior written consent of Henry Wheatley, at any time from the date of the Agreement to the expiry of six months after termination of the Agreement, solicit or entice away from the other or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Henry Wheatley in the provision of the Services.
15. Data Protection
15.1. The Client and Henry Wheatley acknowledge that for the purposes of the Data Protection Act 1998 and the EU General Data Protection Regulations 2016, the Client is the Data Controller and Henry Wheatley is the Data Processor in respect of any Personal Data delivered by the Client to Henry Wheatley (as such terms are defined in the DPA).
15.2. Henry Wheatley shall process the Personal Data only in accordance with the Client’s instructions from time to time and shall not process the Personal Data for any purpose other than those expressly authorised by the Client.
15.3. Henry Wheatley shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.
15.4. Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
15.5. Henry Wheatley warrants that, having regard to the state of technological development and the cost of implementing any measures, it will:
15.5.1. Take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
15.5.1.1. The harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
15.5.1.2. The nature of the data to be protected; and
15.5.2. take reasonable steps to ensure compliance with those measures.
15.6. Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under the Agreement.
15.7. The Client acknowledges that Henry Wheatley is reliant on the Client for direction as to the extent to which Henry Wheatley is entitled to use and process the Personal Data. Consequently, Henry Wheatley will not be liable for any claim brought by a Data Subject arising from any action or omission by Henry Wheatley, to the extent that such action or omission resulted directly from the Client’s instructions.
15.8. Henry Wheatley may authorise a third party (sub-contractor) to process the Personal Data provided that the sub-contractor's contract:
15.8.1. is on terms which are substantially the same as those set out in the Agreement; and
15.8.2. terminates automatically on termination of the Agreement for any reason.
16. Force majeure
16.1. Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under it if such a delay or failure result from an event, circumstances or cause beyond its reasonable control (Force Majeure Event).
16.2. If a Force Majeure Event prevents, hinders or delays Henry Wheatley’s performance of its obligations under the Agreement for a continuous period of more than 10 Business Days, the Client may terminate the Agreement immediately by giving written notice to Henry Wheatley.
17. Confidentiality
17.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, or supplier of the other party or any member of the group of companies to which the other party belongs, except as permitted by this clause.
17.2. Each party may disclose the other party's confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
17.3. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
18. Changes to Terms and Conditions
18.1. These Terms and Conditions are subject to change at the discretion of Henry Wheatley and any changes will be notified to the Client.
19. General
19.1. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19.2. 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.
19.3. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
19.4. A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
19.5. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or their subject matter or formation.
Henry Wheatley is a sole trader.
1. The Agreement
1.1. These Terms and Conditions together with any quotation agreed between the individual, company or other legal entity (Client) and Henry Wheatley (together the Agreement) govern the relationship of the parties in relation to the services and products (Services) provided on the date or dates agreed (Event Date) by Henry Wheatley to the Client.
1.2. All bookings whether made orally, by telephone, email, post or however are subject to these Terms and Conditions.
1.3. If the Client makes a request for any additional Services from Henry Wheatley not included in any quotation agreed by the parties, Henry Wheatley shall be entitled (subject to these Terms and Conditions) to charge its standard rate and a mark-up for the additional Services (provided such rates and mark-up will be subject to change without notice).
1.4. If there is an inconsistency between any of the provisions of these Terms and Conditions and the provisions of any written quotation the provisions of the written quotation shall prevail.
1.5. When booking Services that provides alcohol, the Client must be over 18 years of age to enter into the Agreement and in the event that the Client is not 18 years of age Henry Wheatley may forthwith cancel the Agreement without any liability to the Client.
2. Supply of the Services
2.1. Henry Wheatley shall supply the Services in accordance with the Agreement.
2.2. In supplying the Services, Henry Wheatley shall:
2.2.1. perform the Services with the level of care, skill and diligence in accordance with good practice in Henry Wheatley's industry, profession or trade;
2.2.2. co-operate with the Client in all matters relating to the Services, and comply with all reasonable instructions of the Client;
2.2.3. use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that Henry Wheatley's obligations are fulfilled;
2.2.4. comply with all applicable laws, statutes and regulations.
3. Event Staff
3.1. Event staff will provide Services for the agreed service hours from their start time until the end time, as set out in the Agreement. Henry Wheatley has a 4 hour minimum booking time, although this time can include set-up and breakdown.
3.2. Henry Wheatley cannot accept a request from the Client for the agreed service hours to be adjusted within 24 hours of the Event Start Date and any times cannot be adjusted by any more than three hours either earlier or later than the original start and end times. Henry Wheatley reserves the right to not provide service after the end time unless the Client signs the appropriate event staff job sheet (provided at every event). Any additional time requested at the Event by the Client will be calculated after the event and invoiced to the Client at a rate of 1.5 times the original hourly rate or such other rate as agreed between the parties.
3.3. If the Client provides stock, glassware, bar, and / or ice, and if the Client provides inadequate or poor supplies of any of the above, this may impact on the enjoyment of the Client’s event and is not the responsibility of Henry Wheatley.
3.4. As part of the quotation Henry Wheatley may agree a reasonable number of drinks per person in advance with the Client. If the Client supplies incorrect information relating to the number of guests, the number of drinks may be incorrect and this can jeopardise the longevity of drinks supplies.
3.5. Any stock remaining at the specified end time will be taken back by Henry Wheatley. Stock which has been paid for by the Client, although sourced by Henry Wheatley, which the Client does not wish to keep can be stored by Henry Wheatley and Henry Wheatley may buy such stock and the Client may be given a credit of up to a maximum of 25% of the original cost price.
3.6. If Henry Wheatley is requested by the Client to purchase any additional stock due to the Client not ordering or providing enough stock for the event, Henry Wheatley will add a 25% management fee to the invoice together.
4. Equipment
4.1. All equipment, including mobile bars, bar equipment, draft beer dispensing units, glassware, signage and branded equipment (including any equipment purchased for use at an event) provided by Henry Wheatley remains the property of Henry Wheatley.
5. Loss and damage to equipment
5.1. Mobile bars, glassware, draft beer dispensing units, storage boxes and all other equipment are audited before and after the event.
5.2. If any equipment is returned in a state unfit for use i.e. broken, damaged, cracked etc. then the Client will be required to pay an additional damage invoice. This will be charged at cost plus 20% management charge.
5.3. If any glassware is returned in a state unfit for use i.e. broken, chipped, cracked etc. then the Client will be required to pay an additional invoice of £2.00 for each broken glass.
5.4. If a draught beer dispensing unit is returned in a state unfit for use i.e. broken, split cables etc. then the Client will be required to pay an additional invoice of the cost to replace the unit or damaged part plus 20% management fee.
5.5. Henry Wheatley will also charge the Client for the replacement of any storage boxes that are lost or returned damaged.
5.6. The Client is also responsible in the same way for any losses of equipment or other items left overnight for collection the next day.
5.7. All invoice for damage, losses and extras will be payable by 7 days after the Event Date.
6. Mobile Bars
6.1. The foldable mobile bars weigh approx. 85kg each. Henry Wheatley will set up the mobile bars unless otherwise advised by the Client. Should the Client choose to set up, breakdown or move the mobile bars then Henry Wheatley is not responsible for any resulting injury or damage to persons or property. If the Client wishes to set up, breakdown or move the mobile bars, the Client must comply with the instruction leaflet provided. If at any time the mobile bars are moved, a minimum of two persons must carry the bars.
7. Title and Risk
7.1. Title to any goods shall not pass to the Client until Henry Wheatley receives payment in full for the goods and all other sums that are or that become due to Henry Wheatley under the Agreement.
8. Charges and payment
8.1. In consideration for the provision of the Services, the Client shall pay Henry Wheatley the sums agreed in the Agreement (Charges) in accordance with the Agreement. The Charges may be a fixed sum or may be an estimate because the Charges cannot be ascertained at the date of the Agreement.
8.2. Unless otherwise agreed in the Agreement, Henry Wheatley shall invoice the Charges to the Client:
8.2.1. For a deposit being one half of the Charges such invoice to be paid on entering into the Agreement; and
8.2.2. For the other half of the Charges such invoice to be paid at least 7 days prior to the Event Date.
8.3. Any additional Charges payable not already invoiced prior to the Event Date are payable no later than seven days following the Event Date.
8.4. The Client shall pay each invoice which is submitted to it by Henry Wheatley to a bank account nominated in writing by Henry Wheatley. Time for payment shall be of essence of the Agreement.
8.5. Unless otherwise agreed in the Agreement, the Client shall reimburse to Henry Wheatley, in addition to the Charges, the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably and properly incurred by Henry Wheatley's employees, subcontractors and agents in the provision of the Services.
8.6. If the Client fails to make a payment due to Henry Wheatley under the Agreement by the due date for payment, then, without limiting Henry Wheatley’s other remedies under the Agreement, Henry Wheatley shall have the authority to suspend or cancel the Services and to forfeit any deposit paid.
8.7. Further if the Client fails to make any payment due to Henry Wheatley under the Agreement by the due date for payment, then, without limiting Henry Wheatley's other remedies under the Agreement, the Client shall pay interest on the overdue amount at the rate of 4% per annum above Lloyds Bank 's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
8.8. All amounts due under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. Cancellation
9.1. The Client can cancel the Agreement up to 28 days prior to the Event Date in which case any deposit becomes fully refundable. For a cancellations less than 28 days prior to the Event Date any deposit is not refundable. For a cancellation less than 14 days prior to the Event Date any deposit is not refundable and the Client agrees to pay in full the Charges.
9.2. To be valid any notice of cancellations must be received by Henry Wheatley in writing or by email. A notice of cancellation will be acknowledged in writing or email by Henry Wheatley within 24 hours of receipt.
10. Client’s obligations
10.1. The Client is fully responsible for access to site on which the event is being held and is responsible to provide to Henry Wheatley (where applicable):
10.1.1. Suitable parking; and
10.1.2. Suitable loading and unloading; and
10.1.3. Suitable power supply (13 amp socket) for bars; and
10.1.4. Suitable floor for the bar; and
10.1.5. The correct venue address; and
10.1.6. The correct venue date and time.
10.2. Any failure by the Client to provide any of the above may result in delays which will not be the responsibility of Henry Wheatley. Parking fines occurred due to the lack of adequate parking provision by the Client will be paid immediately by Henry Wheatley and such parking fines and all associated costs will be payable by the Client.
10.3. The Client shall ensure that it obtains, and maintains all consents, licences and permissions (statutory, regulatory, contractual or otherwise) which are necessary other than those that Henry Wheatley have agreed to obtain in the Quotation.
10.4. The Client agrees that Henry Wheatley may use the Client’s name and details of the Client’s event, including any images of the event, to promote the business of Henry Wheatley.
10.5. The Client shall co-operate with Henry Wheatley in all matters relating to the Services and provide such access to the Client's premises and such facilities as may reasonably be requested by Henry Wheatley and agreed with the Client in advance, for the purposes of the Services and inform Henry Wheatley of all health and safety rules and regulations and any other reasonable security requirements that apply at the Client's premises.
10.6. If Henry Wheatley's performance of his obligations under any Agreement is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, Henry Wheatley shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
11. Licensing
11.1. Henry Wheatley is not responsible for acquiring temporary event notices for paid bar events unless required to by the Client in writing and therefore is also not responsible for any breaches of licences outside of Henry Wheatley’s control.
11.2. Henry Wheatley is fully licensed and promotes responsible drinking with drinkaware.co.uk
12. Intellectual Property Rights
12.1. Both Henry Wheatley and the Client shall retain ownership of all intellectual property rights that each of them owned prior to the Agreement.
13. Limitation of Liability
13.1. The Client acknowledges and agrees that Henry Wheatley provides a highly professional and entertaining service but is not responsible for the success or non-success of the Client’s event.
13.2. Henry Wheatley accepts no responsibility for the failure to access, or lateness to access any event due to reasons including, but not limited to, strikes, terrorist threats or attacks, road closures, demonstrations, severe traffic, vehicle breakdown, accidents, severe weather, public transport delays and cancellations or sudden illness and the Client should insure their event against such situations as the Client will remain liable for full payment of the Charges.
13.3. Nothing in the Agreement shall limit or exclude Henry Wheatley's or the Client's liability for:
13.3.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
13.3.2. fraud or fraudulent misrepresentation; or
13.3.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
13.4. Subject to the previous sub-clause:
13.4.1. neither party to the Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the Agreement;
13.4.2. Henry Wheatley's total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the Charges paid under the Agreement;
13.4.3. Henry Wheatley does not accept responsibility for public liability in connection with any Services nor responsible for any injury or damage to persons or property arising from the use of any equipment belonging to Henry Wheatley.
14. Non-solicitation
14.1. The Client shall not, without the prior written consent of Henry Wheatley, at any time from the date of the Agreement to the expiry of six months after termination of the Agreement, solicit or entice away from the other or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Henry Wheatley in the provision of the Services.
15. Data Protection
15.1. The Client and Henry Wheatley acknowledge that for the purposes of the Data Protection Act 1998 and the EU General Data Protection Regulations 2016, the Client is the Data Controller and Henry Wheatley is the Data Processor in respect of any Personal Data delivered by the Client to Henry Wheatley (as such terms are defined in the DPA).
15.2. Henry Wheatley shall process the Personal Data only in accordance with the Client’s instructions from time to time and shall not process the Personal Data for any purpose other than those expressly authorised by the Client.
15.3. Henry Wheatley shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.
15.4. Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
15.5. Henry Wheatley warrants that, having regard to the state of technological development and the cost of implementing any measures, it will:
15.5.1. Take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
15.5.1.1. The harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
15.5.1.2. The nature of the data to be protected; and
15.5.2. take reasonable steps to ensure compliance with those measures.
15.6. Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under the Agreement.
15.7. The Client acknowledges that Henry Wheatley is reliant on the Client for direction as to the extent to which Henry Wheatley is entitled to use and process the Personal Data. Consequently, Henry Wheatley will not be liable for any claim brought by a Data Subject arising from any action or omission by Henry Wheatley, to the extent that such action or omission resulted directly from the Client’s instructions.
15.8. Henry Wheatley may authorise a third party (sub-contractor) to process the Personal Data provided that the sub-contractor's contract:
15.8.1. is on terms which are substantially the same as those set out in the Agreement; and
15.8.2. terminates automatically on termination of the Agreement for any reason.
16. Force majeure
16.1. Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under it if such a delay or failure result from an event, circumstances or cause beyond its reasonable control (Force Majeure Event).
16.2. If a Force Majeure Event prevents, hinders or delays Henry Wheatley’s performance of its obligations under the Agreement for a continuous period of more than 10 Business Days, the Client may terminate the Agreement immediately by giving written notice to Henry Wheatley.
17. Confidentiality
17.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, or supplier of the other party or any member of the group of companies to which the other party belongs, except as permitted by this clause.
17.2. Each party may disclose the other party's confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
17.3. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
18. Changes to Terms and Conditions
18.1. These Terms and Conditions are subject to change at the discretion of Henry Wheatley and any changes will be notified to the Client.
19. General
19.1. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19.2. 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.
19.3. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
19.4. A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
19.5. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or their subject matter or formation.