These Terms and Conditions are applicable to all therapists using Birmingham Therapy Rooms’ (BTR) facilities.
1. Licence to occupy
1.1 Subject to these terms and conditions, Birmingham Therapy Rooms permits the hirer to occupy rooms or designated areas within its premises at 10 Great Western Arcade, Birmingham B2 5HU (the property) in common with At One Health & Beauty Limited (the Licensor) and all others authorised by the Birmingham Therapy Rooms.
1.2 The Hirer acknowledges that:
(a) no relationship of landlord and tenant is created between the Licensor and the Hirer by this licence;
(b) the Licensor retains control, possession and management of the Property and the Hirer has no right to exclude the Licensor from the Property;
(c) this agreement is personal to the Hirer and is not assignable and the rights given in this Licence may only be exercised by the Hirer and its employees;
(d) the Licensor shall be entitled at any time on giving, where reasonably possible, no less than one weeks’ notice, to require the Hirer to transfer to [alternative OR comparable] space elsewhere within the Property and the Hirer shall comply with such requirement;
(e) rental of room or space does not include the provision of a telephone answering system or any other form of reception service to include receipt of client payments;
(f) access to the property is through a smart lock system and all Hirers are responsible for the arrival and departure of their own clients; and
(g) the Licensor will not be responsible for providing any service to the Hirer’s clients.
2. Hirer’s obligations
The Hirer agrees and undertakes:
(a) to vacate the room/area at the end of the rented period;
(b) to keep the Property clean, tidy and clear of rubbish;
(c) any disposal of waste products must be in line with Health and Safety regulations. You are responsible for the safe disposal of controlled or hazardous equipment such as sharps, drugs, etc. Bins are provided but must not be used for the disposal of controlled or hazardous equipment;
(d) upon booking must provide the Licensor with a copy of all Insurance policies, licenses, permits and any other qualifications as requested by the Licensor. The same will be retained to enable the Licensor to comply with their statutory and regulatory obligations and will not be destroyed until the end of that obligation;
(e) not to make any alteration, addition or decorate the property, without the written consent of the Licensor [which will not be unreasonably withheld];
(f) not to take food into the rented area/room;
(g) not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Property or elsewhere in the Property without the prior written consent of the Licensor;
(h) not to do or permit to be done on the Property anything which is illegal, or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor, other hirers or other occupiers of the Property or any owner or occupier of neighbouring property;
(i) not to cause or permit to be caused any damage to:
(i) the Property, or any neighbouring property; or
(ii) any furniture, fixtures or fittings provided by the Licensor or the owners or occupiers of the Property, or any neighbouring property;
(j) not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish in them;
(k) to observe any [reasonable] rules and regulations the Licensor makes and notifies to the Hirer from time to time governing the Hirer’s use of the Property [and the Common Parts];
(l) to leave the Property in a clean and tidy condition and to remove the Hirer’s own furniture equipment and goods from the Property at the end of any of the Licence Period;
(m) to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
(i) these terms and conditions;
(ii) any breach of the Hirer’s undertakings contained in these terms and conditions; and/or
(iii) any claims arising from the provision of the Hirers services to any party
(n) not to do anything on or in relation to the Property that would or might cause the Licensor to be in breach of their covenants and conditions contained in their Lease; and
All Hirers and third parties are responsible for the safety of their own personal property.
All Hirers are responsible for the conduct (as far as is reasonably possible) of their clients and any other third parties who are present at their invitation.
3. Booking and Payment Terms
To reserve a room/space hirers must access the Licensor’s web site at https://btrbookings.skedda.com.
Bookings are recorded as provisional and held for a maximum of seven days or until payment is made, whichever comes first. The Licensor reserves the right to cancel provisional bookings.
The hirer will make all payments in advance by a secured payment platform at the time of reservation of any rooms/space.
The Licensor reserves the right to charge the Hirer and the Hirer agrees to indemnify the Licensor for any damage to the property or its furniture, fixtures and fittings
An initial Set Up fee will be charged in relation to the Smart Access Locking system.
4. Cancellation Policy
Should a hirer wish to cancel a reservation it will be necessary to contact the Licensor by email or telephone. Cancellation will not be complete unless accepted in writing by the Licensor.
Every cancellation will incur an administration fee of £5.
Refunds’ policy will be applied to cancellations as follows:
- less than 24 hours’ notice – 0% refund.
- 1 day’s notice – 25% refund.
- 2 days’ notice – 50% refund.
- 3 – 5 days’ notice – 75% refund.
- more than 5 days’ notice – 100% refund
5. Force Majeure
5.1 The Licensor will carry out best endeavours to provide all services as per the terms of this licence agreement but cannot be held responsible for any failure or delay as a result, directly or indirectly, of matters beyond its control and force majeure events to include, without limitation, mechanical breakdown, strike, delay, fate, acts of war or terrorism, acts of God, accidents, civil or military disturbances, nuclear or natural catastrophes or any act by the freeholder of the premises.
6. Limitation of Licensor’s obligations
6.1 The Hirer acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Licensor before the date of this licence as to any of the matters mentioned in this licence.
6.2 The Licensor accepts no responsibility for the Hirer’s personal effects or bags or that of their clients or visitors to the property.
7. Limitation of Licensor’s liability
7.1 Subject to clause 7.2, the Licensor is not liable for:
(a) the death of, or injury to the Hirer, its employees, customers or invitees to the Property; or
(b) damage to any property of the Hirer or that of the Hirer’s employees, customers or other invitees to the Property; or
(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Hirer or the Hirer’s employees, customers or other invitees to the Property in the exercise or purported exercise of the rights granted by clause 1.
7.2 Nothing in clause 10 shall limit or exclude the Licensor’s liability for:
(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.
8. Third party rights
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.
9. Information and Data
9.1 The Licensor shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of any Hirer’s data and information and will comply with the Data Protection Act 1998 including the General Data Protection Regulation (Regulation (EU) (GDPR) and all applicable Statutory requirements about the processing of Personal Data and privacy.
9.2 In the event of termination of any licence the Licensor shall when directed to do so by the Hirer erase information and data provided by the Hirer and all copies of any part of the information and data provided from the Licensor’s systems and magnetic data unless it is necessary to retain the same for lawful reason.
10. Governing law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) 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 OR non-exclusive] jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).At One Health and Beauty Ltd is a company registered in England and Wales (reg no 7366344). Our registered office address is 10 Great Western Arcade, Birmingham B2 5HU.