Terms of Hire
Castle Menzies Hire Agreement
1. Hire of Castle Menzies (“the Castle”) is offered by The Castle Menzies SCIO (“TCMS” and “we”) under the terms of this Hire Agreement.
2. The hire charges for Castle Menzies are as set out on the Prices & Terms page of this site. We do not currently charge VAT. Our charges for any years not shown on this site can be obtained upon request from the Castle Manager.
3. A deposit of 30% of the total cost (with a minimum of £300) and is payable before the booking will be confirmed. It is refundable in full if the booking is cancelled 6 months or more prior to the booked date. If the cancellation is made closer than 6 months to the booked date then we will refund it in full or in part if we get another booking for that date (if the value of the new booking is less than the deposit, then we will only refund up to the value of the new booking).
4. The balance must be paid in full no later than 8 weeks before the start of the hire. If the balance is not paid in full by then, the booking may be cancelled by TCMS and the deposit dealt with as detailed above. (For cancellation after payment of the balance please see below under ‘Important Terms and Legal Notices’.)
5. The hirer must take out adequate insurance cover to cover the cost to them of cancellation of the hire, loss of deposit, any additional expenses if they need to change the date of hire and other liabilities, including loss and damage caused by them, their party, guests and any third parties engaged by them.
6. Final guest numbers should be notified to the Castle Manager no later than the date on which the balance is paid.
7. Access to the Castle is available on the days immediately prior to the event for any decoration/preparation/set-up. Please note that the rooms will be open to the public except during the period of hire (see also the exclusive hire option below). Castle staff will do their very best to ensure that any items left by the hirer and their contractors prior to the period of hire are undisturbed and any valuable items may by arrangement be left with Castle staff in a locked room. However, the Castle cannot guarantee complete security and all such items left in any part of the Castle are left solely at the risk of the hirer and their contractors, with TCMS not being responsible for any loss or damage.
8. Stiletto heels are not to be worn in the Main Hall or the Dewar Room as the floors are polished boards. Please inform all guests of this rule in advance.
Music
9. Any kind of musical entertainment is allowed in the Castle and (within reason) there is no noise level restriction.
10. The piano in the Dewar Room is available free to use if care is taken with it. Any tuning of the piano that may be required is the responsibility of the hirer to arrange and pay for.
11. The hirer is fully responsible for the payment of all the fees and royalties which may be due in respect of the event to the Performing Rights Society, Phonographic Performances Ltd, the Copyright Licensing Agency Ltd, the Educational Recording Agency Ltd or any other relevant person, firm or organisation. If the hirer intends to play recorded music or hire a DJ, the hirer must understand his/her obligations in these respects.
Alcohol
12. The Castle is currently not a licensed premises for the sale of alcohol so all alcohol is either BYO or by a private bar as may be approved by the Castle Manager. If alcohol is to be served, the hirer is solely responsible for ensuring that the necessary licence has been obtained and that an appropriately licenced bar licencee is responsible for all alcohol provision.
13. If the hirer wishes to purchase alcohol personally and provide it to guests without charge, we do not charge corkage, but such an activity is strictly the hirer’s personal responsibility and s/he must personally ensure that s/he complies with all the legal requirements for such an activity. Contact should be made with the local authority, Perth & Kinross Council (www.pkc.gov.uk), to obtain the necessary information.
Catering
14. Castle Menzies is not responsible for the provision of any food, catering or bar services or waiting staff except where expressly agreed in writing.
15. Subject to advance approval by the Castle Manager, hirers may bring in their own caterers and contractors.
16. The hirer must arrange for staff to be hired in to serve all food and drink and to move, set up and take down all furniture and equipment required for the event. None of these tasks is provided by Castle staff.
17. The hirer must ensure that all caterers are adequately qualified to handle food and insured against any damage or injury occurring to any person as a result of any acts or omissions by the caterers. The hirer should obtain this information in writing from the caterers before confirming the hire of the caterers for the event and must pass on such information to the Castle Manager upon request.
General
18. The Castle is hired in an ‘as seen’ condition.
19. The hirer acknowledges that the Castle is a 16th Century, Grade A listed building and agrees to treat it with great respect and care. It will be cleaned, maintenance/repairs carried out and made presentable in a reasonable state, in keeping with its nature and condition as primarily a museum and ancient monument, immediately before the hire event.
20. The Castle operates a strict no-smoking policy throughout the whole of the building. Any smoking within the building will be a breach of the criminal law.
21. The hirer must at all times ensure that all fire exits from all rooms being used under the hire are kept clear of obstruction. The small ante-room off the Dewar Room (leading to the external fire escape) must at all times have a clear passage through it and no furniture, band equipment or any other items may be left in it so as to block the free passage through to the fire exit. The hirer must ensure that any contractors or third parties (caterers, musicians, etc.) are made aware of this and that the ante-room is regularly checked during the hire.
22. Any additional decorations that the hirer may require are the full responsibility of the hirer and subject to the advance approval of the Castle Manager, who will be happy to approve any reasonable requests which do not harm the fabric of the building.
23. Castle staff supervise all matters of health and safety and some conditions are applicable to the set-up and use of the Dewar Room, associated staircases and the kitchen. Please ask for details.
24. Castle staff will (within reason and where their duties permit) be pleased to help with anything directly connected with the castle, such as lighting candles, liaising with the photographer, caterer, band, florist, setting up the rooms, organising car parking, heating, lighting, fires, security, toilets, etc.
25. Should any guests or third party contractors or suppliers of the hirer act in an improper or disorderly way, or refuse to comply with reasonable requests from Castle staff, such persons may be ejected from the Castle and/or the remainder of the event cancelled with immediate effect. Should this occur, no monies will be refundable to the hirer. The Castle Manager's decision in this respect will be final.
26. Cars belonging only to the wedding/hire party itself may be parked at the Castle and may be left over night, so long as they are parked neatly. At no time must any vehicle be allowed to block any track, driveway, gateway, entrance or exit. Guests should be warned that no car parking is available to them at the Castle.
27. The front half of the Castle shop/entrance hall will be cleared and screened off just before guests arrive.
Castle visitors
28. The Castle museum rooms (on each floor of the old/main part of the Castle) are open daily to visitors and tourists and the last entry is at 4.30pm. Please note that visitors may take up to an hour after this time to complete their visit and leave the Castle. If exclusive use of the Castle is required, please see the section below.
29. Castle staff will do their very best to ensure that members of the public are no longer present in, nor permitted entry to, the rooms in which the hirer is holding an event after the agreed start time for the event. However, the hirer accepts that, due the limited Castle staff numbers and the relatively informal nature of the Castle and its layout, it is possible that a few members of the public might unwittingly stray into such rooms during the period of hire. If this happens the hirer should inform Castle staff who will deal with the problem as swiftly as possible. Such a situation will not be treated as a failure to provide a reasonable service or a breach of the hire agreement.
Exclusive use
30. Where exclusive use is required, the hirer will agree with the Castle Manager a time at which exclusive use will start. This may be for an entire day if required.
31. The Castle staff will do their very best to ensure that members of the public are no longer present in, nor permitted entry to, the Castle after the agreed time at which exclusive hire commences. However, the hirer accepts that, due the limited Castle staff numbers and the relatively informal nature of the Castle and its layout, it is possible that a few members of the public might unwittingly remain in, or stray into, the Castle or its grounds during the period of exclusive hire. If this happens the hirer should inform Castle staff who will deal with the problem as swiftly as possible. Such a situation will not be treated as a failure to provide exclusive hire or a breach of the hire agreement.
Important Terms and Legal Notices
32. TCMS reserves the right to cancel an event or hire under any of the following circumstances:
(1) If the booking might, in the opinion of TCMS, prejudice the reputation of the Castle or TCMS.
(2) If the hirer in arrears with any payment to the Castle under these terms and conditions, including payment of the balance of charges due.
(3) If TCMS becomes aware of any alteration in the hirer’s financial situation which causes it to have concern that the hirer may not be able to pay the balance of charges due.
(4) If any circumstances beyond TCMS's control arise which make it unreasonable or impracticable, in the reasonable opinion of TCMS, for the hire event to take place, including the track or road providing access to the Castle being closed or unpassable. In this event a refund of the deposit and hire charge will be made but TCMS will have no other liability towards the hirer.
33. If the hirer cancels the booking after payment of the balance of charges TCMS under no obligation to refund the monies paid for the hire.
34. The hirer must ensure that an adequate policy of insurance is in place to cover the possibility of a cancellation of the hire and other liabilities, including loss and damage caused by the hirer, guests and any third party.
35. TCMS will be liable to the hirer and their guests for injury loss or damage only where, and to the extent that, TCMS has been negligent. Otherwise there shall be no liability whatsoever on the part of TCMS to any persons for any loss or damage suffered, howsoever caused.
36. The hiring, and all acts and omissions, of all third party service providers and suppliers used or engaged by the hirer (including, without limitation, caterers, waiting staff, bar providers, musicians, entertainers, DJs and photographers), whether recommended or suggested by the Castle or not, are solely the responsibility of those third parties and the hirer. It is a strict term of hire that TCMS and Castle staff are not liable or responsible in any circumstances whatsoever for any acts or omissions of any third party service provider or supplier.
37. The hirer must ensure that all third party service providers and suppliers engaged for the event are sufficiently insured with a suitable policy of insurance to protect the hirer, all guests and the Castle and TCMS against any damage, breakages, personal injury or other loss of any kind howsoever caused.
38. The hirer must also ensure that all third party service providers and suppliers engaged for the event have conducted adequate risk assessments for the activities that each are engaged in.
39. The Castle Manager must be provided immediately upon request with a copy of the insurance cover and risk assessment in respect of any third party service provider or supplier.
40. In the event that the hirer, any guest or any third party service provider or supplier causes any damage, breakage, personal injury or other loss of any kind to be incurred by the Castle or TCMS, the hirer personally shall be liable and responsible for suitably compensating the Trust. TCMS may, in its discretion, waive such liability of the hirer where sufficient compensation for such loss has been provided by any other party, such as under an insurance policy held by the person(s) directly responsible for the loss.
Hirer’s agreement
I/we agree to hire Castle Menzies on the below date(s). I/we to all of the terms and conditions of hire as set out in the Hire Agreement and will take all reasonable steps to ensure that our guests and contractors comply with the Hire Agreement too. I/we acknowledge the need to take out adequate event insurance to cover the cost of any cancellation and/or any loss or damage caused.
Hire date(s) - as agreed with Castle Manager
__________________________________
Hirer’s signature(s) (1) _______________________________
(2) _______________________________
Print name(s) (1) __________________________________
(2) _______________________________
Date __________________________________