Terms & Conditions
This Agreement is subject to the following terms and conditions and the parties agree to be bound thereby :
1. Payment : The Total Contract Amount is due within three (3) days of the acceptance of this Contract by the Company (as defined above) and is payable in one instalment. Failure to pay shall constitute a cancellation of this Agreement by the Client and will immediately trigger the Company’s right to recover the full Total Contract Amount (plus sales or similar taxes or duties). The Client acknowledges that it remains fully liable to discharge such sums, which shall remain outstanding as a debt and collectable as such until paid. All payments are non-refundable.
2. Ticketing. Client information and event details will be dispatched approximately one (1) week before the event.
3. Extras . All accounts for services and goods provided at an event which are not covered by an inclusive package cost are due for payment immediately by the client.
4. Client Cancellation Of Booking: Notice of cancellation must be provided to the Company in writing. In the event that Client a) does not timely pay any amount when due under this Agreement; or b) delivers written notice of cancellation to the Company at any time prior to the date of the event, such cancellation or failure to pay shall constitute a cancellation by the Client and will immediately trigger the Company right to, recover as a debt all amounts outstanding under this Agreement, and to retain all monies received from the Client, as a cancellation fee. The parties intend by this provision to agree in advance to the settlement of damages to the Company that will arise from Client’s cancellation. If the Company receives notice of cancellation more than twenty (20) weeks prior to the date of the event, and client has paid the Total contract price, fifty percent (50%) of the total contract price may be used as a credit voucher toward another Company event. Such credit voucher will expire 6 months from the date of cancellation. The parties acknowledge that this paragraph provides for reasonable liquidated damages, and not a penalty, and bears a reasonable relation to the damages the Company will sustain, which are uncertain and difficult to estimate at this time. The relevant date for determining the timing of any notice under this Agreement is the Event Date as stated on this Agreement (or as scheduled as of the date the Agreement is accepted by the Company), even if the date of the event is changed or merged with another event at any time for any reason.
5. Alteration to the Advertised Package; Cancellation. While every reasonable effort will be made to adhere to the advertised package, the Company reserves the right to change event dates, sites or location or omit event features, as it deems necessary, or as deemed necessary by the event organizers, without penalty and in such situations, no refunds, part refunds or alternative offers shall be made. Do not rely on any oral representations with respect to sites or locations. the Company facilities are entirely independent of event organizers. The Company has the right to change the prices in force at any time. When such prices are more than that advertised the difference must be paid for before the tickets are issued. In the event that the Company or the event organizers permanently cancel the event for any reason whatsoever, including, but not limited to circumstances beyond the Company’s control, or a force majeure occurrence, and provided that the event has not been postponed to a later date, and provided that the Client has paid all amounts due under this Contract, the Client shall receive a credit note for that amount valid for up to one year to be used at any other Company event worldwide. No refunds, part refunds or alternative offers shall be made.
6. Effect of Alteration of Advertised Package. The Company will not be held liable for any costs or losses whatsoever incurred by the Client or repayment of any monies to the Client for the cancellation, alteration, merging with another event or postponement of any event. The parties intend by paragraph 4 and 5 above and this paragraph 6 to acknowledge and agree in advance that the Company invests considerable cost in the production, marketing and organisation of the event and that it would sustain considerable losses as a consequence of or arising from such alteration or cancellation and that therefore these paragraphs are reasonable in relation to the losses the Company would sustain which are uncertain and difficult to estimate at the time this Contract is made.
7. Liability. In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurants or otherwise, the Company acts only as the agent of the Client and does so on the express condition that no liability of any kind howsoever caused shall attach to the Company in connection with or arising out of such arrangements.
8. Cancellation of Day’s Play. Should for any reason outside of the control of the Company a day’s play or event be partly or wholly cancelled for any reason including bad weather no refunds or credits will be given. Individual companies may take out insurance coverage through its own broker. Should a facility for any reason be destroyed or made unusable no refund or credit will be given.
9. Licensing/Food &. Liquor. When necessary the Company will adhere to the local Licensing Conditions for provision of alcohol. The Company has the sole right for the provision of food and liquor in all areas and therefore no items of this nature may be brought into the venue.
10. Indemnity . Client hereby indemnifies and holds the Company harmless from and against any and all costs, damages and expenses, including attorney’s fees, arising in any way from the acts, omissions or negligence of Client, its agents, employees and guests.
11. Service Charge . A fifteen (15%) percent service charge is obligatory and is added to all invoices payable.
12. Choice of Law and Jurisdiction . This Agreement shall be governed and construed in accordance with the law of England and the parties submit to the exclusive jurisdiction of the English Courts in London. However the Company only is entitled to waive this right and submit to the law and jurisdiction of the courts in which the Client’s office is located.
13. Miscellaneous. a. This contract constitutes the sole and exclusive contract between the parties, and supersedes any and all prior oral or written, and all contemporaneous oral, contracts, promises, or understandings among them, pertaining to the transactions contemplated in this contract. The parties agree that no express or implied representations, warranties, or inducements have been made by any party to any other party except as set forth in this contract. b. These terms and conditions may not be changed by any the Company representative without the written confirmation of the General Counsel, the Chief Executive Officer or Chairman of the Company. The names of these authorised individuals will be provided upon request. c. Should the Company have to cancel Client’s bookings for any reason the Company maintains the right to do so at is discretion and deduct any costs associated with the Company’s order up to this point. On all amounts not paid when due, Client shall also pay interest, which shall accrue at the rate of 4% above the Company’s Bank (noted above) Base Rate. d. Time is of the essence in relation to payments under this contract. e. Should a portion of the Contract price be subject to state, federal, or local taxation, or VAT if applicable, the Company reserves the right to add such charges to the final invoice. f. If Client fails to pay any amounts when due, or if the Company retains an attorney to protect its interests under this Agreement, Client shall pay any and all costs and expenses incurred by the Company in enforcing any term of, or collecting under, this Agreement, including reasonable attorneys fees, collection fees and any expenses. On all amounts not paid when due, Client shall also pay interest, which shall accrue at the rate of 4% above the Correspondent Bank Base Rate. If any provision of this Agreement is deemed unenforceable, the remaining terms shall be enforceable to the fullest extent of the law. All parties expressly waive all rights to trial by jury. g. This contract shall be binding upon all the parties upon execution and delivery to the other party of this contract. Delivery by email fax post & personal delivery shall constitute delivery hereof. h. The undersigned warrants and represents that he or she is specifically authorized by Client to execute this Contract and bind Client to the obligations under this Contract. Client acknowledges that the Company has relied on that representation. Client agrees to abide by the rules, terms and conditions of the event facility. The Client cannot transfer or assign this Agreement without the written consent of the Company. i. The Company and any of its facilities and services provided under this Contract are totally independent of the event organisers and sponsors.
