WILD GALLERY SA authorises the Customer, for the limited duration stipulated below, to use the spaces described in the quote located in the building, known as “WILD GALLERY” located at Rue du Charroi, 11 – 1190 Brussels, including its infrastructure, its ancillary services and access (hereinafter also referred to as the “Services”), for business purposes. In particular, the Services are agreed in order to enable the Customer to organise his event (hereinafter referred to as “the Activity”) under its sole and entire responsibility, for the period stipulated below. The Customer may not make any changes, alterations or repairs whatever, of whatever scale, to the premises to which it has access in the frame of the Activity during this agreement, without the prior written consent of WILD GALLERY SA. It is prohibited to let these premises, or to assign all or part of the rights to this agreement. In general, all due care and attention must be employed regarding access to the premises and their occupation and use of the infrastructure and the services provided.
The Customer will have access to the Services from 08:00 am on the date of its setup or event. The Services will end at 08:00 am on the day following the dismantling or event day. Nevertheless, on condition that the premises are available, access to the loading bay may be
allowed on the previous setup or event day as well as the day after the dismantling or event day, subject to prior written authorisation by WILD GALLERY SA, and only to store material destined to the Activity which the Customer proposes to organise there and as long as no other events take place on its dates. However, if the Activity should start earlier or end later, it is possible, but only with prior written authorisation of WILD GALLERY SA.
The price of the Services is set out in this quote and may include amongst others: the cost of the disposal of the space; the cost of using the existing technical facilities; the cost of standard cleaning after use of the room and its approaches; the presence or availability of a Site Manager; the reserved places in the underground parking of the Ministry of Finances or on the external parking; the presence or availability of minimum 2 parking boys per reserved parking; the presence or availability of security guards; costs related to the toilet facilities; heating costs; costs of hot and cold water; electricity costs; fire insurance costs; costs for the caterer; fees for the organisation and coordination of your event. Without prejudice to any other possible damages, the cost of damage (non-exhaustive: rips, marks, burn marks on the carpet, rips, marks, burn marks on the leg drops, broken chairs, damages due to the use of candles,….) caused by the Customer or by persons for whom the Customer is accountable will be deducted immediately from the guarantee provided in favour of WILD GALLERY SA, any balance being refunded to the Customer. A picture of the noticed damage will be sent to the Customer within 72 working hours following the Activity. The damaged material will be kept in the WILD GALLERY during the same period of time. Any claim regarding to the execution of the Services should be made by registered mail with acknowledgment of receipt at most 2 days after the end of the Services. The Services will otherwise be considered as being executed as convened. Any claim against the final balance should be made by registered mail with acknowledgment of receipt at most 5 days after its receipt. In the absence of claim within that time period, the final balance will be considered as fully accepted.
At the transfer of the signed offer or at the confirmation in writing of this offer, in any possible way, this offer becomes firm and final and the agreement between the Client and WILD GALLERY SA will be considered as concluded. The price of the Services has to be paid as follows:
- 60% (of the fixed price or estimated price on this date) as a deposit at the signing of the contract;
- And the remaining and final payment, i.e. 40% (of the fixed price on this date), at least, eight days before the date fixed for the disposal of the infrastructure;
- The balance after event, including the actual provided services and the various consumption. This invoice will be established no later than 30 days after the event.
WILD GALLERY SA reserves its right to consider to be bound by the reservation provided after that the first deposit is fully paid in due time. WILD GALLERY SA will have the right to deny the delivery of the Services, and more specifically the access to the infrastructure, if the conditions of payment are not fully respected. At the latest at the authorisation of access to the infrastructure, the Customer shall have made a bank deposit of 2.500 € in favour of WILD GALLERY SA as guarantee, which will be returned to the Customer only after an assessment of possible damage and final balance of using costs. If the Customer fails to put up this guarantee within the period and in the forms stated, WILD GALLERY SA may refuse the delivery of Services, including, in particular, access to the premises. In addition, in the case of non-payment on the due date, we shall be entitled ipso jure and without the need for prior formal demand to charge the client late payment interest at the rate of 1% per month, on all outstanding amounts, up to the date of payment. In addition, in the event of late payment, the client shall ipso jure be liable to pay a lump-sum compensation equal to ten percent (10%) of the outstanding amount, subject to a minimum amount of fifty (50) euros per invoice, without prejudice to our right to claim legal fees and any other compensation due in the event that legal proceedings are instituted.
In the case of, for any reason (with exception of act of God, wilful misrepresentation or serious misconduct from WILD GALLERY SA), the contract should be cancelled, a fixed indemnity shall be due by the Customer, as follows:
- If the cancellation is known with certainty by WILD GALLERY SA more than 8 days before the Activity is deemed to take place: 60% of the fixed price or estimated price on this date;
- If the cancellation is known with certainty by WILD GALLERY SA less than 8 days before the Activity is deemed to take place: the whole amount of the fixed price or estimated price on this date;
If, due to an event of force majeure of a temporary or permanent nature, Services should be cancelled, the Customer may either postpone the event to a date within 3 months of the disappearance of the case of force majeure, under the same conditions, (and in this case keep the benefit of the deposit paid), and this, within the limits of the availability of the Services, or abandon the deposit paid/due to WILD GALLERY’s benefit. All the costs incurred by WILD GALLERY shall be payable in full by the client. Moreover, no damages may be claimed from WILD GALLERY. If applicable, WILD GALLERY shall endeavor to recover from suppliers the bulk of any planned costs which have not yet been incurred.
The Customer gets a clause waiving recourse regarding to the fire insurance for the building and his contents which are provided by WILD GALLERY SA. The Customer has to be insured for his civil liability regarding his own material and the material belonging to the suppliers. The Customer needs also to have a liability insurance for all the damages that would be caused to the neighbours during his Activity by himself or any person that participates to it.
WILD GALLERY SA declines any liability whatever arising from this agreement, except that which is imposed on it by imperative law, its only commitment being to put the Services fully and freely at the disposal of the Customer under the conditions stipulated in this offer. Under no circumstances may WILD GALLERY SA be held liable nor disturbed concerning impossibility of providing the Services including the occupation of the premises due to the actions of the Customer, such as an electricity failure due to overloading of the internal mains, non-compliance with the regulations imposed by an authority due to the occupation of the premises or the activity envisaged, etc. Likewise, WILD GALLERY SA shall not be liable for fortuitous events (such as an electricity failure in the whole area) or force majeure, nor technical incidents or a breakdown arising during the Services. However, it will endeavour to remedy these, within the limits of the possibilities and availabilities of the tradespeople who would have to intervene to rectify any fault. WILD GALLERY SA shall not be liable in the event of theft or deterioration due to vandalism inside or outside the room. It will be up to the Customer to take all appropriate measures to protect the premises and its surroundings (car park attendants and security service at the entrance, etc.) from damage or theft. Before entering the premises, the Customer shall have the option of checking their condition and that of the infrastructure. In order to be admissible, any observation must be made by the Customer in writing before the commencement of the Services.
After the dismantling after the Activity, the Customer shall have the option of checking their condition and that of the infrastructure. In case of absence of the Customer, the inventory of the location will be imposed on him and will not be further disputed.
According to the Act of 10 July 2006, the Coordinating Body for Threat Analysis issues an assessment of the threat at the Crisis Centre. Moreover, the Federal Police provides an assessment concerning the “public order” dimension. This assessment will determine the level of the threat by relying on a detailed description of the severity and probability of the danger or the threat as well as the security measures to reduce risks, damage and to ensure the proper conduct of your Activity. Depending on the level of the threat (see below), the Service Provider recommends a series of security measures that are to be taken by the Customer. By default, a sufficient number of security guards, determined exclusively by WILD GALLERY SA, will be booked for each event, and for which the duration, the number of guests and the type of event can change. These costs will be at the Client’s expense. The number of security guards will be adapted according to the type of Activity, its timing and the number of guests.
9. OTHER SERVICES
The suppliers of the Service Provider are mentioned as an indication only and do not form any obligation for the Customer to handle with them. The Customer is free to choose his own suppliers for the catering, except for parking boys, security guards, the cleaning team and the Site Manager. The Customer will be held accountable for all suppliers.
10. ANY ADDITIONAL WORK – MISCELLANEOUS
A. During the Services, the following will be made available to the Customer: the following furniture: 1 welcome desk, 1 podium, 1 wood orator’s desk, 150 Trix chairs, 800 cloakroom coat-hangers.
B. Only the caterer’s vehicles are allowed in the adjacent courtyard.
C. At the end of the event, the Customer will take all the brought material back
D. The Customer will ensure that the suppliers respect the cleanliness of the building and that they take back the brought material. Any waste remaining after the departure of the last supplier shall be treated by WILD GALLERY SA’s cleaning team and will be charged to the Customer.
E. Both the Customer and the suppliers will ensure carpet flooring are protected against filthiness and damages. The Customer will be held accountable for any damages found. In case the Customer wants a part of the carpet tiles removed, we can provide this service for a fee.
F. We ask all caterers that are not on our list to sign a one-day agreement and align themselves to the same conditions as those caterers that are on the list.
G. Before leaving, the caterer will take all his food waste in the kitchen area, as well as in any of the spaces occupied by the Activity.
H. Subversive activities, contrary to public order or decency are prohibited.
I. Total ban on smoking, according to applicable law: pursuant to Article 2 of the Royal Decree of 13/12/2005, it is indeed prohibited to smoke within the walls of public establishments. It is also prohibited to smoke in places accessible to the public. No-smoking signs, which meet the requirements of the Ministry of Public Health, must be placed at the entrance and inside each room. In this way, any person present may take cognizance of this ban. Any item which could encourage smoking, or lead anyone to believe that smoking is allowed, is prohibited.
J. If organising a dance party for young people, it is imperative to have at least 1 lavatory attendant and 6 security guards, or 1 security guard per 100 guests depending on the type of event, during the whole duration of the event, booked by the Wild Gallery with their partners (e.g. parties such as rallyes, techno/electro/R&B., balls, dance parties for young people..) and this at the charge of the Customer. It is asked to the Customer to put a security plan in place and submit it to WILD GALLERY SA at least one month before the date of the Activity. This plan will have to consider the methods put in place to respect the neighbourhood, to avoid sound nuisance from the smokers or at the exit of the room, to avoid riding under influence of alcohol and to avoid that attendants go to parts of the building where they are not allowed.
11. DIRECT AND INDIRECT TAXES
Any direct or indirect taxes, levies or charges, whether public or private (including SABAM and neighbouring rights) to be imposed on the premises due to this contract or due to the mode of occupation of the premises are and will remain payable entirely and solely by the Customer, who releases WILD GALLERY SA from any obligation whatever in this regard. VAT is payable by the Customer and is in addition to the amounts shown in this agreement.
12. APPLICABLE LAW – DISPUTES
This agreement, any extensions thereof and their consequences are governed exclusively by Belgian law. Any dispute which the parties are unable to resolve amicably will be submitted to the jurisdiction of the Brussels courts.