3. Client’s obligations
3.1 In consideration of the Services being provided under this Agreement, the Client agrees to accept and pay the Total Fees and any Additional Charges notified by Wellcome in accordance with the Agreement.
3.2 The first Deposit of 50% of Total Fees, which is invoiced upon the receipt of the signed Booking Contract by Wellcome, is payable to Wellcome within 7 days of the date of invoice. If payment is not made, Wellcome reserves the right to deem the booking as cancelled with no liability to the Client, and the Client will be subject to any cancellation fees, pursuant to clause 5.4.
3.3 The second Deposit of the remaining 50% of Total Fees is payable to Wellcome no less than 28 days prior to the Event Date(s) specified in the Booking Contract. If payment is not made, Wellcome reserves the right to deem the booking as cancelled with no liability to the Client, and the Client will be subject to any cancellation fees, pursuant to clause 5.4.
3.4 For any Events contracted less than 6 weeks prior to the Event Date(s), the Total Fees will be due within 7 days of Wellcome receiving the signed Booking Contract.
3.5 The final invoice will be raised after the last day of the Event. The invoice will be inclusive of any Additional Charges attributable to the Event (including any charges due for damages at the Event venue). Payment will be due within 30 days of the date of the invoice.
3.6 If the Client fails to make payment due under this Agreement by the due date for payment then the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’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.
3.7 The Client agrees to confirm to Wellcome the final timings, menus and any special dietary requirements together with final numbers and names of delegates (for security purposes) no later than 14 days prior to the Event Date(s). If Wellcome does not receive this information, it is agreed that Wellcome will decide what it should supply and charge accordingly based on the original Booking Contract.
3.8 Wellcome reserves the right to charge for reduced Visitors pursuant to clause 5 below. The Client accepts that if final numbers exceed the numbers previously notified to Wellcome 14 days prior to the Event Date(s), Wellcome shall have no obligation to provide catering for such additional attendees.
3.9 The Client agrees not to bring into the Premises food or beverages of any kind without the prior written consent of Wellcome. A corkage charge will be made where Wellcome gives the Client permission to consume beverages on the Premises that have not been supplied by Wellcome.
3.10 The Client agrees that it shall not use, sell, publish or broadcast any name, brand, logo or images of, or associated with Wellcome, the Wellcome Trust, or of Wellcome Collection, without Wellcome’s prior written consent, which shall be at the absolute discretion of Wellcome.
3.11 The Client shall not affix or attach in any way any sign, poster or other item to the interior or exterior of the Premises unless it has obtained Wellcome’s prior written consent to do so. It is acknowledged that there are valuable works within the Premises displayed on walls, in display cases and otherwise. The Client agrees to ensure that any stand or other equipment used by the Client leaves adequate space, as agreed with Wellcome staff, to prevent damage.
3.12 The Client shall compensate Wellcome for the costs of making good any loss of or damage to Wellcome property and any subsequent loss of business, trade or commercial activity suffered by Wellcome that is negligently or wilfully caused by the Visitors.
3.13 The Client hereby undertakes to obtain all necessary consents and licences in connection with its proposed use of the Event Spaces and/or facilities and warrants that in using the Services it shall not infringe the rights, including intellectual property rights, of any third party.
3.14 The Client agrees to comply with the terms of Wellcome’s PRS Licence (if and as applicable).
3.15 The Client hereby undertakes and agrees to obtain suitable public liability insurance for a minimum of £10,000,000 (ten million pounds sterling) to insure itself against its liabilities under this Agreement and upon request shall provide Wellcome with evidence in writing that this insurance requirement has been complied with.
3.16 The Client shall ensure that the Visitors comply with all relevant statutes, by-laws, regulations, health and safety requirements, applicable codes of practice and fire regulations (including without limitation Wellcome’s health and safety policies, which shall always be made available on request) and observe any reasonable restrictions, conditions or directions which Wellcome or Wellcome’s staff impose in relation to any matter concerning the Event.
3.17 The Client shall perform all necessary risk assessments for all activities due to be conducted as part of the Event and shall provide such risk assessments to Wellcome in accordance with the Final Details Form or as otherwise requested by Wellcome.
3.18 The Client acknowledges that Wellcome reserves its right, in its absolute discretion, to refuse admission, ban from entry or remove from the Premises, any individual or group behaving in a manner which is deemed by Wellcome to be unsociable and/or inappropriate.
3.19 The Event shall terminate at the time stated in the Booking Contract. An Additional Charge of £695 (plus VAT) per hour, or part thereof, will be payable by the Client for any overrun.