1. PRELIMINARY

In the “Booking Application Form” and in these Terms and Conditions and in all documents and writings exchanged between the Host (defined below) and the Firm (defined below) or in any manner relating to any transaction between the Host and the Firm or their interse relations the following expressions and their grammatical derivatives or kindred words shall have the meanings indicated against them:

• "Firm" shall mean and include “Jetha Enterprises LLP” which is a registered limited liability partnership firm and “Victoria South” which is a division of Jetha Enterprises LLP.
• "Host" shall mean every person, firm or company by whom or on whose behalf booking for hosting a Function (defined below) at the Venue/s (defined below) is proposed, irrespective of the fact whether any such booking with the Firm is confirmed, or not. The term "Host" shall include wherever the context so requires or permits any person, firm or Company claiming under or through or on behalf of the Host. A reference to gender includes all genders and organizations. The singular also refers to the plural wherever applicable.
• “Property” shall mean the compound known as Jetha Compound-II, together with structures standing thereon, situate opposite Byculla Railway Station, Dr. Babasaheb Ambedkar Road, Byculla (East), Mumbai 400027.
• "Premises" shall mean any area within the Property irrespective of whether it is owned or otherwise used by the Firm and whether it is built upon or not and whether it is covered or enclosed or not.
• “Venue/s” shall mean and include one or more indoor and outdoor premises within the Property which the Firm permits the Host to use for hosting their Functions (defined below) as mentioned in the Booking Application Form for a specific duration. There are a total of 5 Venue/s on the Property for which the Firm accepts bookings, out of these Venue/s the two indoor airconditioned Venue/s are the “Bungalow” and the “OUThouse” and three outdoors Venue/s which are the “Garden”, the “Turf” and the “Patio”.
• "Furniture” and “Decorations" shall be used interchangeably and shall mean and include all moveable property that will be brought to the Venue/s for and during the duration of the Function.
• “Function” shall mean and include an event or celebration which maybe private or public which has been initiated, organized and paid for by the Host and which is to be held at any of the Venue/s of the Firm for a specific duration detail of which are specified in the Booking Application Form.
• “Booking” shall mean and include reservation of a for a specific duration for a Function by a Host for a particular Venue/s.

2. BOOKING POLICY AND PAYMENT/CONFIRMATION

• Applications for booking must be made in the prescribed Booking Application Form and signed by the Host or a authorized representative of the host duly authorized by an authority letter enclosing (i) copies of self-attested PAN Card of both the Host and the authorized representative and (ii) Aadhaar Card of the authorized representative.
• As the tariffs and duration for booking the different Venue/s is different for different Functions (for example the Venue/s Charges for a wedding reception is different, from a Birthday Party Celebration) the Host is requested to specify the nature of event for which the booking of the Venue/s is being made in the Booking Application Form.
• The Firm does not except bookings for Functions which are religious/political in nature as well as for chautha/thala. etc. (save and except those related to marriages). Accordingly, no booking should be made for such purposes to avoid cancellations by the Firm.
• The Firm does not allow entry of baraat into the Property. No band, loud music and/or fire crackers are allowed within the Property.
• Processions, singing, orations, clapping and other forms of applause shall be strictly prohibited within the Property. Speeches if any shall be limited to not more than 10 minutes at the outdoor Venue/s.
• To confirm a booking for any Venue/s, (i) the Booking Application Form is to be duly filled (ii) 100% of both the Booking Amount and the Interest free refundable Security Deposit (Security Deposit) should be paid (iii) The terms and conditions be accepted and agreed by the Host by signing the bottom of the Booking Application Form AND the bottom of the Terms and Conditions (iv) Booking shall be deemed confirmed only against issue of receipt from the Firm.
• The Security Deposit shall be payable as per amount mentioned in the Booking Application Form for observance of all the terms and conditions stated herein and
• towards any damages, and additional charges. The Security Deposit shall, after adjustments if any, be refunded with seven working days of the conclusion of the Function.
• Venue/s shall be made available only for the prescribed duration. The setup of furniture and decorations as well as the dismantling and removal of furniture and the decorations to be within the prescribed time/duration allotted. The Host, their guests/visitors shall strictly adhere to the duration chosen by the Host in the Booking Application Form.
• Usage of any space other than those mentioned in the Booking Application Form shall be charged extra.
• The Booking once confirmed is not transferable.
• Venue/s shall be booked by and in the name of the Host only.
• The normal duration and charges for a Venue/s shall be as stated in the Booking Application Form as per the rates prevailing from time to time.
• All rates quoted in the Booking Application Form shall be liable to taxes as applicable and any and all other surcharges, duties, charges and levies for the time being in force.
• Host shall check and sign all bills immediately upon the conclusion of the Function and in any event before leaving the Venue/s at the end of the Function, in order to avoid any ambiguity later. In the event of the Host’s failure to do so, the Host shall forfeit his right to question or dispute the bill the following or any later day.
• The Firm has empaneled and authorized service providers for the Venue/s such as Caterers, Decorators, Furniture Suppliers, Musicians, DJ, Photographers and Videographers, Private Security, Planners, Valet Services, etc. (Service Providers). The Host shall select only the empaneled Caterers and Decorators for the Function. For all other Services the Host may select either from the empaneled list or request the Firm to approve a non-empaneled Service Provider for their Function. For the empaneled Service Providers, the Firm charges a royalty fee/commission from them directly currently at the rate of 15% (fifteen percent) of their billing to the Host, which is subject to change without notice. For non-empaneled Service Providers, the Host hereby agrees and confirms to pay the royalty fee/commission of 15% (fifteen Percent) to the Firm directly.The Host shall not hold the Firm liable or responsible in any way for the deficiency or quality of services offered by both the empaneled and non-empaneled Service Providers as there is no privity of contract between the Host and the Firm for such services being contracted with the Service Providers.
• All invitations, whether in physical or electronic form, must be in the name of the Host.

3. CANCELLATION POLICY

• If the cancellation is due to force majeure or government policy, 100% of the booking amount will be refunded.
• If the cancellation is done prior to 90 days of the Function, 100% of the booking amount will be refunded.
• If cancellation is done between 60 days and 89 days of the Function, 50% of the booking amount shall be refunded.
• If cancellation is done within 59 days from the date of the event, NO refund of the booking amount shall be given.
• 100% of Security Deposit in all the above events shall be refunded.

4. CATERING

• No food or refreshments shall be served after 11 pm. The Venue/s must be vacated not later than 12 am.
• Only eatables and beverages provided by the list of empaneled Caterers shall be permitted to be served and consumed at the Venue/s. Except for Cakes, no
• outside catering, eatables of any kind whatsoever, or beverages, will be permitted to be served or consumed at the Venue/s.
• In the event the Host chooses to utilize the services of their own caterer, a royalty will be payable to The Firm depending upon the number of PAX. Any outside cateres must be FSSAI licensed and must submit a copy of their FSSAI license to the Firm at leats 24 hours prior to the event
• The Minimum and Maximum number of persons attending the Function is to be confirmed by the Host at the time of Booking.

5. MUSIC AND ENTERTAINMENT

• All sound equipment at the Venue/s shall be permitted only through the empaneled Service Providers.
• On any given day, music shall be permitted to be played at one out of the four Venue/ss booked concurrently at Bungalow, The OUThouse, Garden and Turf, on a first come first basis at the time of booking. The volume to not exceed more than 65 db. At all locations, the playing of music shall cease at 10 pm.
• Only music which is in conformity with the ambience, traditions and culture of the Firm shall be permitted to the played. The Firm reserves the right to ask any Host to cease and desist from playing music which does not conform to these norms.
• All laws pertaining to sound pollution for the time being in force shall be strictly complied with.
• Children’s Parties shall be permitted a lower sound intensity of 50 db only, in consideration of children’s screams, shouting and laughing adding to the general cacophony, which may serve to disturb the neighbours
• In the event of any complaints being received whilst the Function is in progress, it shall be the responsibility of the Host to ensure that remedial steps are taken forthwith.
• Save and except for children’s parties held at the Garden, no comperes shall be permitted at Parties. Children’s parties at the Garden shall be allowed a compere and the use of a mike, provided that the neighbours are not disturbed. In the event of any complaints being received whilst the Function is in progress, it shall be the responsibility of the Host to ensure that remedial steps are taken forthwith.
• No Music which is protected under copyright can be played unless the necessary permissions have be taken by the Host/ Service Provider.
• Electric supply/power to the extent of 10 KW shall be made available to the Host for the purpose of music/games/entertainment related equipment and such. In case the Host requires additional power it shall be the responsibility of the host to request for generators at an additional cost.

6. DECORATIONS AND PHOTOGRAPHY

• The setting up and dismantling of Decorations, furniture, etc., to be carried out within the duration allotted.
• The current electricity load is only sufficient for the air-conditioning and lighting at the Venue/s. For additional electrical the Host shall need to hire a generator van.
• The Firm reserves the right to use Photographs and video clips of the Function for promotional purposes.

7. GUESTS AND PARKING

• Guests shall be expected to remain at the Venue/s, except for visits to the washrooms, and shall not be permitted to roam around in the Premises.
• To park and to permit to be parked cars of the Host, their family and guests only in the Car Parking Areas and parking slots mentioned in the Booking Application Form and not to park or permit to be parked cars elsewhere on the Property.
• Guests must alight on the main road and enter the Property through the pedestrian gate and not through the main gate.

8. SECURITY, SAFETY AND INSURANCE

• The Firm shall not be held responsible and shall not accept any responsibility for loss or damage of any kind.
• Host shall conduct their own risk assessment of themselves, their guests/visitors, equipment and personnel etc. for any eventuality or any risk and insure accordingly.
• Host shall be responsible for any and all damage to property, equipment, vehicles, etc. and will be liable for injury/death to any personnel/crew.
• The Host is informed that the Firm prohibits the presence of any personal security/bodyguard anywhere in the Premises.
• Hosts are informed that the presence of personal security/body guards shall not be permitted anywhere in the Property. Security/body guards escorting a guest of the Host shall stationed as directed by the Firm’s staff. No person shall be permitted to bear arms whether loaded or unloaded, or any sharp object such as a dagger or a sword, or a blunt weapon of offence such as a mace, or any other type of weapon including halberds, hatchets, and slingshots. The decision of the Security Supervisor of the Firm shall be final in this regard, including in what constitutes a weapon. it shall be the responsibility of the Host to ensure that the guests/visitors of the Host are made aware of this regulation. Any weapon of whatsoever nature and kind that may be detected on the person of any Host or their guest/visitors shall be immediately confiscated by the Security of the Firm, and may be returned/restored to such guest/visitor at the time of departure from the Property.

9. GENERAL

The Host states, declares, covenants and warrants that it shall, observe and perform all the terms and conditions specified herein on the part of the Host to be observed and fulfilled, including but not limited to the following:

• To be responsible for the behavior of its Visitors/Guests for and during the duration of the Function.
• Upon any damage being caused to the Premises in the course of the Function for any reason whatsoever, to restore back, at its own cost and expense, the Premises to its original condition.
• Upon the Function Period coming to an end by efflux of time or being terminated early in accordance with the terms hereof, to cease to use and occupy and cause to cease to be used and occupied the Venue/s/Premises.
• To comply with and abide by all applicable laws for carrying on the Function in the Premises and these terms and conditions and shall ensure that its Guests, agents or visitors to the Premises also abide by the same. The Host shall be unconditionally liable for all actions, acts, deeds, etc. of the Host, its Guests, agents and/or visitors which are in breach of the same.
• To be responsible for obtaining all necessary permissions (Police/RTO/CP, MCGM etc) prior to commencement of any Function and to forthwith furnish to the Firm photocopies of all applications submitted and correspondence exchanged with the concerned authorities for obtaining all the Licenses and permissions for the Function. In the event that the Host fails to comply with the aforesaid, and has not furnished the requisite permissions/License from the appropriate authorities 30 days prior to the Function, the Firm shall be entitled to cancel Booking of the Venue/s without the Firm being liable in any manner and or being liable to pay the Host any sums of money by way of compensation, damages or otherwise and the Firm shall forfeit the booking amount paid to Firm as stated herein.
• Not to hold Firm liable or responsible for deficiency in the quantum and quality of utilities (Power, Water, etc) being supplied to the Venue/s/Premises, especially any power or water cuts from utility service providers during the duration of the Function.
• Other than the Venue/s, not to use or permit to be used any part or portion of the Property for any purpose whatsoever, including for parking, stopping, loading, unloading, stacking, storage of goods or parcels, or for any other purpose, and to ensure no inconvenience or obstruction of traffic is caused to Firm or other persons using the Property.
• Not to store, park, transport or bring any illegal, inflammable, hazardous, objectionable, banned or dangerous chemicals, substances or articles or goods into or upon the Property (including the Premises).
• Not to disturb the quiet and peaceful possession of Firm and other persons in use or occupation of the remaining portions of the Property. The Host and/or its Guests, agents or visitors shall not commit any nuisance or annoyance and/or hindrance to Firm or to any other person or persons who are in use and occupation of the Property or the neighboring areas.
• To ensure that the Host, their Guests, agents or visitors, entering the Premises refrain from smoking, consuming alcohol or narcotics anywhere in and upon the Property (including but not limited to the Venue/s), and the Host confirms having been informed by Firm that Firm reserves unto themselves the right to restrain such persons who are in an inebriated condition from entering the Property, including but not limited to the Venue/s.
• Not to hold Firm responsible or liable for any injury, loss, damage, theft or destruction caused to or of any goods or property of the Host (including but not limited to the cars and vehicles which are parked on the Property) or of any other person on the Property (including but not limited to the Venue/s) or for any bodily injury caused to any person on the Property (including but not limited to the Venue/s) by reason of any accident, theft, fire, flood, earthquake, riots, strikes or on any account whatsoever.
• The lock and key of the Venue/s shall all times remain with the Firm. The use of such Premises by the Host does not create any demise or tenancy or any other right in favour of the Host with respect to the Venue/s or any Premises or any part thereof but is a mere license to use the Venue/s specifically for hosting a particular Function accordance with the terms and conditions hereof. The de-jure possession of the Venue/s shall at all time remain with the Firm and the Firm shall be deemed to have legal possession, full charge and control over the Venue/s and Property and every part thereof during the period it is being used by the Host for its Function.
• To agree to abide by any and all decisions taken by the Manager or Partners of Firm in relation to any breach of these terms and conditions which shall be treated as final and binding on the Host, their Guests, Visitors and Agents.
• The Host to strictly follow and be responsible for the protocols, rules and regulations that the Statutory Authorities issue from time to time.
• The aggregate liability of the Firm to the Host for any act or omission of the Firm or in any way arising out of or in relation to the dealings between the Host and the Firm shall in any case be limited to the total sum of Rs. 1,00,000/- (Rupees One Lakh) only.
• Any notice or intimation required to be given or which may be given by the Firm to the Host shall be deemed to have been duly received by the Host, if the same has been sent by, hand delivery to or posted at, or if the same has been duly posted by Registered post to the address of the Host shown on the Booking Application Form, irrespective of whether the Host is found at the said address or not and irrespective of whether in fact the Host received any such notice or intimation or not.
• The Firm reserves the right to amend these Rules from time to time without prior notice.
• The Host hereby represents to the Firm that the Host/person signing these presents on behalf of the Host has full and complete authority to do so and the execution of these presents by them creates a legal and binding obligation upon the Host.
• The Parties hereto irrevocably submit to the exclusive jurisdiction of the courts in Mumbai only and the courts in Mumbai shall have exclusive jurisdiction.

The Host is aware that Firm has agreed to enter and has entered into this Agreement relying solely upon the Host’s representations, as herein contained. The Host hereby agrees to indenify and shall keep indemnified, defended and harmless Firm, its employees, and agents of, from and against any and all claims, expenses, charges, demands, actions and liabilities whatsoever arising due to any misrepresentation and/or any breach of the terms and conditions of this Agreement on the part of the Host, their Guests, agents and/or visitors.