TERMS FOR USE OF NESTA PREMISES In consideration for Nesta agreeing to your Event taking place at its premises on the date and times specified on the attached Event Booking form, you agree to comply with the following terms and conditions (including Appendix 1) (“the Terms”). 1. Booking an event and the Fee 1.1. The signed Event Booking Form and these Terms together form the contract between you and Nesta for your Event. 1.2. Any changes to the details provided on the Event Booking Form must be notified to us immediately. We reserve the right to cancel the Event pursuant to Clause 8.1 below in the event of any such changes. We reserve the right to charge reasonable staff and other related costs incurred by us if the Event commences before or continues after the hours specified in the Event Booking Form or if the number of attendees is significantly more than those specified on the Event Booking Form. 1.3. Unless otherwise agreed with Nesta, you shall pay Nesta the Fee in consideration for use of our premises and facilities to host the Event. You shall pay the full Fee to us following receipt of an invoice from us either within 14 days of the date of our invoice or no later than one working day prior to the Event, whichever is the earlier. As set out at Clause 4, all catering costs incurred by us for the Event shall be charged separately by us to you after the Event. 1.4. If Nesta decides not charge you for use of our premises and facilities, or any catering costs incurred by us for the Event, we will treat this as a grant-in-kind to you equivalent to the value of the Fee plus any catering costs incurred (as appropriate). 1.5. We reserve the right if we deem appropriate to require you to pay a deposit for the Event. We shall return any such deposit to you within 14 days of the Event after deducting any costs (including catering costs) incurred by us in relation to the Event or any damage caused to our premises or property during the Event. 1.6. Nesta’s premises may only be used for events which, in our opinion, advance our charitable objectives (attached at Schedule 1). You may not make any charge for attendance at the Event. 2. Your responsibilities 2.1. You must arrive at our premises not less than 1 hour prior to the start time of the Event to oversee setting up for the Event. If you fail to do so, we reserve the right to cancel the Event without further notice to you. We will return the room(s) used for the Event to their original condition following the Event, but reserve the right to charge you for any additional cleaning costs incurred by us. 2.2. Deliveries for the Event must arrive at our premises not more than one working day before the Event and be clearly labelled with your name and the Event date. Items for collection after the Event must be left at our reception in sealed and addressed boxes and collected no later than one working day after the Event. We reserve the right to refuse, or charge storage for, any deliveries not received or collected in accordance with this Clause 2.2. 2.3. You shall ensure that sufficient and appropriately qualified and trained staff are available at the Event to welcome, provide support to, and deal with queries from, guests and speakers at the Event. Nesta will make a member of staff available as a contact for you during the Event. 2.4. You will not knowingly exceed the maximum number of guests stated on the Event Booking Form. You are responsible for the conduct of your staff, speakers and guests at the Event. You will comply, and will ensure that all guests and speakers comply, promptly with all instructions from staff of Nesta or its contractors during the Event. No smoking is permitted. 2.5. You are responsible for security at the Event and for ensuring that the identity of all speakers and guests is appropriately verified. You shall ensure that any person behaving dangerously or inappropriately at the Event is promptly removed from the Event, or in any event where requested by Nesta or its contractors, and that the appropriate authorities are informed promptly where necessary. 2.6. You are responsible for providing first aid at the Event in line with what would be appropriate for the type of Event, including without limitation, taking into account the number of attendees. 2.7. You will obtain all licences, consents, approvals, permissions, permits, tests and authorisations necessary for the Event. You are responsible for compliance with all laws, regulations and prevailing guidance applicable to the Event, including without limitation in relation to health & safety, food hygiene, licensing and security (including without limitation in accordance with the Private Security Industries Act 2001), and for compliance with any fire and health & safety procedures provided to you by Nesta including without limitation the health and safety rules set out in Appendix 1 to these Terms. For the avoidance of doubt, you shall not undertake any activities requiring licensing without Nesta’s prior written consent. 2.8. You shall comply with any audits required by Nesta in respect of the Event (including without limitation in relation to health and safety) and shall promptly deliver to Nesta upon Nesta’s request a risk assessment and method statement (“RAMS”) for the Event and a hazard analysis and critical control points review Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833. (“HACCP”) or comparable food safety management plan if you are serving food at the Event. Failure to do so will entitle Nesta to cancel the Event immediately in accordance with clause 6.1.1. 2.9. You will notify us of any incidents occurring at the Event or any complaints made in relation to the premises, facilities, equipment or catering at the Event. If requested by Nesta, you shall allow Nesta to deal with any such incidents or complaints and shall provide Nesta with all information and assistance requested by Nesta in relation to such incidents or complaints. 3. Equipment 3.1. We will make available reasonable numbers of tables and chairs for the number of attendees at your Event. Subject to our operational requirements and equipment availability, we will make available for your use at the Event the standard audio visual and IT equipment listed in clause 3.2 below as long as it is requested at the time you make your booking (“the Nesta Equipment”). Reasonable changes or additions to your request are permitted as long as they are made prior to the day of the Event. 3.2. The following audio visual and IT equipment is normally available: 3.2.1. Lectern with fixed microphone and laptop computer running Microsoft Windows with wireless internet connection, Microsoft Office 2007, Internet Explorer, Adobe Flash, Adobe PDF Reader and the capability to play back most common video and audio formats. For events where a lectern is not required, we can provide a computer with the same capabilities. In either case, the computer is connected to two 65” plasma screens and has an audio feed to our PA system 3.2.2 A maximum of four fixed desktop microphones connected to our PA system 3.2.3 A maximum of two handheld radio microphones connected to our PA system 3.2.4 A maximum of two lapel radio microphones connected to our PA system 3.2.5 A publicly accessible wireless network 3.2.6 A “line out” connection from our PA system 3.2.7 A wireless “clicker” device compatible with Microsoft Powerpoint 2007 3.3. We will use reasonable endeavours to ensure that a nominated Nesta contact experienced in operating the Nesta Equipment is available before the Event to assist you and provide instructions on use of the Nesta Equipment. You are responsible for ensuring that your staff, speakers and guests follow these instructions. After the start of the Event, you may request further assistance in relation to the Nesta Equipment from your nominated Nesta contact, subject to availability and our operational requirements. 3.4. It is your responsibility to ensure that any computer files or other media provided by you, your speakers or guests, including presentations, video and audio files, work to your satisfaction on our system. We are not able to address issues of compatibility. We will not load any file onto our computers if our anti-virus software indicates that there is a problem with the file. 3.5. You, your speakers and guests are not permitted to install software, or attempt to install software, on Nesta Equipment, or any other computer provided to you by us. You, your speakers and guests are not permitted to connect to or reconfigure, or attempt to connect to or reconfigure our audio visual system or internal computer networks. 3.6. Save as set out in Clause 3.1 above, all IT, audio visual, telecommunications, photographic and other equipment required for the Event must be provided by you. You are responsible for the performance, maintenance, testing and safety of any such equipment provided by you (including without limitation ensuring appropriate portable appliance testing) and for checking in advance that such equipment will operate on our premises. In particular you are responsible for providing any power supplies, cables or adaptors necessary to make your equipment operational and compatible with our systems. We reserve the right to refuse to connect any equipment provided by you where we have reasonable concerns that such equipment may cause damage to our equipment or systems, and to retain for inspection any such equipment in the event of any damage or personal injury caused by such equipment. 4. Catering 4.1. Unless otherwise agreed by us in writing, all food or beverages available at the Event must be provided by us or our catering contractor. You are not entitled to make any use of our kitchen or catering facilities. You must notify us of any catering requirements no later than 7 days prior to the Event and we will use reasonable endeavours to satisfy such requirements. All catering costs incurred by us for the Event shall be charged by us to you after the Event and must be paid by you within 14 days from the date of our invoice. 4.2. Nesta provides no guarantees that food or beverages provided will be free of allergens or meet any other specific requirements. 5. Insurance You must obtain adequate insurance in respect of the Event, including without limitation for all property and equipment brought on to our premises for the Event, and produce evidence of such insurance to us on request. Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833. 6. Cancellation 6.1. We reserve the right to cancel the booking for the Event without liability to you in the following circumstances: 6.1.1. where the Event cannot be held for reasons beyond our reasonable control (such as fire, flood or electrical failure) or where you are in breach of these Terms, or where, in our opinion, the Event is potentially damaging to our name or reputation, we can cancel at any time up to the date of the Event; 6.1.2. where you notify us of any changes to or further details of the Event, we can cancel at any time within 7 days of us receiving such information; or 6.1.3. for any other reason, we can cancel at any time up to four weeks prior to the date of the Event. Except where you are in breach of these Terms, we will repay any Fee or deposit paid by you within 13 days of cancellation. 6.2. If you wish to cancel the Event, please notify us in writing as soon as possible. You will be charged for any third party costs which have been incurred by Nesta in relation to the Event and cannot be recovered. We reserve the right to make an additional charge of up to the equivalent of the Fee for any Events cancelled with less than 7 days’ notice. 7. Indemnity 7.1 You will indemnify us and keep us indemnified against any and all costs (including legal costs), claims, expenses, loss and liability incurred by us as a result of the hosting of the Event, including without limitation in respect of: 7.1.1. any damage caused to the buildings, fixtures, fittings, furnishings or other property during or as a result of the Event; 7.1.2. any claim made against Nesta from any attendee, speaker or other third party in relation to the Event; or 7.1.3. personal injury or death occurring at the Event 7.2 8. At our request and your expense, you shall provide all reasonable assistance to enable us to resist any claim, action or proceedings brought against us as a consequence of the Event. Exclusion of Liability 8.1. Subject to Clause 8.4, we will not be liable to you in respect of any indirect or consequential loss, economic loss or loss of opportunity arising as a result of the Event or any breach by us of these Terms. 8.2. Subject to Clause 8.4, we will not for any loss, damages, liabilities, costs, claims or expenses incurred by you as a result of the Event, including without limitation: 8.2.1. any loss, theft or damage of any property belonging to you, the guests or speakers at an Event; or 8.2.2. any noise, disruption or inconvenience experienced during an Event. 8.3. Subject to Clause 8.4 and without prejudice to Clause 8.1 and 8.2, our total liability to you in relation to the Event will be limited in any event to the sum of £500. 8.4. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation. 9. Miscellaneous 9.1. Where applicable, VAT shall be charged in addition to such costs. 9.2. Any use of our name or logo in any marketing or publicity materials for the Event (other to give the location of the Event) must be approved by us in writing in advance. 9.3. No person who is not a party to this letter may rely upon it or enforce any rights pursuant to the Contract (Rights of Third Parties) Act 1999. 9.4. You may not sub-contract, assign or transfer all or any of your rights or obligations under these Terms. 9.5. The Event Booking Form and these Terms represent the entire agreement between you and us in relation to the Event and supersedes all previous agreements between us relating to the Event. You acknowledge that, in entering into this booking, you have not relied on any statement or representation other than as expressly set out in the Event Booking Form and these Terms. 9.6. We reserve the right to make changes to these Terms from time to time. Where you have an Event booked with us, we shall notify you of any changes and if you are not happy with these, you may cancel the Event without further liability to us. 9.7. This letter is governed by, and is to be construed in accordance with, English law and the parties hereto hereby submit to the exclusive jurisdiction of the English Courts. Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833. APPENDIX 1 Health & Safety Rules Nesta expects all Events to comply with a high level of health and safety and food hygine including without limitation the rules set out in this Appendix 1. This is not a definitive list. We expect you to carry out a risk assessment for the Event and tailor all health and safety requirements appropriately in line with law, regulation and best practice as well as in accordance with any directions from Nesta. All persons working at your event will be expected to comply with all relevant Health and Safety legislation, guidance and best practice. You must take reasonable care for the Health and Safety of yourself and of other persons who may be affected by your acts or omissions at work. If you are uncertain whether it is safe to do something or whether you are trained to do that activity, do not proceed without gaining the information you need to continue safely. All accidents, incidents and near-misses must be reported to the Nesta events team. Ensure you and all your team know where to obtain medical assistance and where the fire exits. Anyone working on the event, other than hosting, presenting or similar, must not consume or be under the influence of alcohol or drugs. You will ensure any contractors, brought on site are competent and a monitored to ensure best practice. You will ensure a suitably qualified first aider is on site with appropriate equipment and you have a method for contacting them. If serving alcohol you will adhere to Nesta’s Responsible Alcohol Policy. If you do not have a copy of this please ask Nesta’s event team. No licensable activities will be allowed on site without written permission from Nesta, this includes, but is not limited to; selling alcohol; gambling; dance. No special treatments or massage are allowed on site without written permission from Nesta. Lone work may only be carried out with written permission of Nesta. Nothing may be attached to the building without written permission from Nesta. If you wish to organise your own catering you must either use Nesta’s recommended caterer or allow Nesta to audit your caterer, please allow 3 weeks for this an admin fee of £150 will be charged for this audit. Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833. SCHEDULE 1 Objects of Nesta For the public benefit 1. To advance education, and in particular the study of innovation, by the promotion of research and the publication of the useful results thereof, in: 2. Science and technology The arts The efficiency of public services The voluntary sector and social enterprise Industry and commerce To advance: Science and technology The arts The efficiency of public services The voluntary sector Industry and commerce and social enterprise which Relieves poverty Relieves unemployment Advances health Advances environmental protection or improvement and sustainable development Advances citizenship or community development through or by encouraging and supporting innovation. The voluntary sector means charities and voluntary organisations. Charities are organisations, which are established for exclusively charitable purposes in accordance with the law of England and Wales. Voluntary organisations are independent organisations, which are established for purposes that add value to the community as a whole, or a significant section of the community, and which are not permitted by their constitution to make a profit for private distribution. Voluntary organisations do not include local government or other statutory authorities. Sustainable development means “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”.” 3. To advance any other purpose which is recognised as exclusively charitable under the laws of England and Wales and Scotland. Nesta, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833.