Utilita Arena Newcastle

Allowed events

Licensed for alcohol

Cancellation policy

Cancellation or alteration of Event ASM Global may alter or cancel the Event as it considers necessary if, in ASM Global’s reasonable opinion: the Event may constitute a danger to public safety (including the safety of any people attending the Event): the Event may damage ASM Global’s reputation or bring the name or reputation of ASM Global, the Venue and/or any naming rights partner of the Venue into disrepute; the Event may breach any Applicable Laws or the licence necessary to conduct the Event; the Event is materially different to the agreed Event described in the Booking Contract; or the Venue is not in a satisfactory condition to host the Event and/or access to the Venue is materially impaired (except as a consequence of a Force Majeure Event, in which case clause 16 shall apply). If ASM Global alters the Event pursuant to clauses 14.1.1 to 14.1.4, ASM Global will not be in breach of this Agreement and will not be liable for any losses incurred by the Hirer or any third parties as a result of such alteration. If ASM cancels the Event pursuant to clauses 14.1.1 to 14.1.4: ASM Global will not be in breach of this Agreement and will not be liable for any losses incurred by the Hirer or any third parties as a result of such cancellation; this Agreement will automatically terminate; and clause 15 will apply. If ASM Global alters the Event pursuant to clause 14.1.5, the parties shall co-operate in good faith to seek to agree a reasonable and proportionate adjustment to the Contractual Charge to reflect any loss of amenity arising from the alteration. If ASM Global cancels the Event pursuant to clause 14.1.5, the parties shall co-operate in good faith to seek to agree to (i) reschedule the Event to an alternative date at the Venue or (ii) to host the Event at an alternative venue which is owned, operated or managed by ASM Global or ASM Global’s Group. In the event the parties are unable to reschedule the Event to an alternative date at the Venue or to host the Event at an alternative venue which is owned, operated or managed by ASM Global or ASM Global’s Group: this Agreement will automatically terminate; ASM Global will refund to the Hirer the Contractual Charges paid by the Hirer as at the date of termination; and clauses 15.2 and 15.3 will apply. If the Event is varied, postponed or cancelled by the Hirer for any reason, the Hirer shall pay to ASM Global: Any additional operational or administrative costs or expenses incurred by ASM Global as a result of such variation, postponement or cancellation (including without limitation any costs or expenses incurred in relation to seeking to rehire the Hired Room(s) on the cancelled date(s)); Any additional costs or payments payable by any relevant third party providers incurred by ASM Global in connection with the variation, postponement or cancellation of the Event; Any wasted expenditure or charges rendered unnecessary and/or incurred by ASM Global arising from the variation, postponement or cancellation; and Any outstanding payment in respect of the Fees without deduction, counterclaim or set off. If the Hirer informs ASM Global in writing of its wish to postpone or cancel the Event, ASM Global shall use its reasonable endeavours to re-sell the Hire Period to another hirer. ASM Global agrees that the Fees received in respect of the re-hire of the Hired Room(s) on the postponed or cancelled Hire Period (excluding any charges in respect of additional services and/or additional facilities) shall be deducted from the amount due and payable by the Hirer following postponement or cancellation. Under no circumstances shall the amount deducted in respect of the re-hire of the Hired Room(s) exceed the sum payable by the Hirer. If all or a substantial portion of the facilities at the Venue are damaged, destroyed or under construction for any reason, ASM Global may alter, suspend or cancel the Event as it considers necessary and the parties will, acting reasonably and in good faith, discuss (and attempt to agree on) the following options in the following order of priority: the rescheduling of the Event on a date which is mutually agreed; maximising the use of the Hired Room(s) (which might include altering the footprint to be utilised within the Venue to avoid the Event being cancelled) in order to deliver the Event to the scale intended by the Hirer; arranging for the holding of the Event at an alternative ASM Global venue, which the parties agree to be comparable in size, location and quality; or refunding the Hirer the Deposit and any other instalment of the Fees already paid, at which point this Agreement will terminate.