Core Events Standard Terms & Conditions
1. Acceptance of Terms
These Terms of use, together with the Deal Terms, represent a legally binding agreement between Pitchside Hospitality Limited (“Pitchside”, “we” or “us”) and you (“you”) (“Agreement”).
These Terms form part of the terms associated with either the event you are booking (“Event”) and/or any sponsorship, advertising or print bookings you may provide (“Sponsorship”), as more particularly set out in the Deal Terms. By booking the Event and/or Sponsorship you are agreeing to these Terms.
This Agreement shall commence on the date of the communication with the Pitchside Hospitality Sales Executive confirming your acceptance of the Event and/or the Sponsorship, unless terminated or cancelled in accordance with these terms.
2. Booking of the Event
2.1 The details, dates and price of any of the Events, and/or details (such as wording, style, logos) of such Sponsorship will be as quoted to you, in writing, by your PItchside Hospitality Sales Executive (“Deal Terms”). In the event of any inconsistency between the Deal Terms or these Terms, the Deal Terms shall prevail.
2.2 Payment is strictly in accordance with our standard invoice terms being:
(i) 100% by (a) thirty days from date of invoice, or (b) at least two days prior to the commencement of the Event, (whichever is sooner);
(ii) If full payment is not received we reserve the right to refuse you entry to the Event and/or remove any Sponsorship from any Event material or inventory;
(iii) All payments are exclusive of VAT or other sales tax, which (if applicable) shall be paid by the you in addition to such sums;
(iv) All payments shall be sent by bank transfer to the bank account notified by Pitchside to you;
(v) All payments shall be made in pounds sterling without any right of set-off or counterclaim and free and clear of all deductions and withholdings whatsoever, unless the same are required by law, in which case you shall pay to Pitchside such additional amounts as may be necessary in order that the net amounts received by Pitchside after all deductions and withholdings shall not be less than such payments would have been in the absence of any requirement to make any such deduction or withholding; and
(vi) if any payments are unpaid following the due date for payment, shall (without prejudice to any other rights or remedies arising) bear interest at a rate of three per cent (3%) per annum over Barclays Bank plc’s base rate from time to time. Such interest shall accrue and be calculated on a daily basis from the date on which payment of the applicable sum was due to be made until such time as payment of such sum (together with interest pursuant to this clause) is made in full.
2.3 Please note that we cannot guarantee the security of data which you send us by email. Accordingly please do not send us payment information using email.
3. Cancellation
3.1 If you wish to cancel your attendance at an Event, for whatever reason, you are liable to the following cancellation charges as outlined below (see appropriate list below).
Bookings for all Events are subject to the following cancellation terms:
Days prior to the Event: % refund due to You
150 days or more: 100% refund due
Between 150 – 120 days: 75% refund due
Between 120 – 90 days: 50% refund due
Between 30 – 90 days: 25% refund due
30 days prior to the event: 0% refund due
Sponsorship, for all Events are subject to the following cancellation terms:
Days prior to the Event: % refund due to You
150 days or more: 100% refund due
Between 150 – 120 days: 75% refund due
Between 120 – 90 days: 50% refund due
Between 60 – 90 days: 25% refund due
60 days prior to the event: 0% refund due
3.2 We reserve the right to make changes to the Event and/or to any published programme (both printed and Itinerary) or inventory of an Event. In such circumstances if you decide to cancel, the cancellation charges will apply.
3.3 We will not be liable or responsible for any failure to perform or delay any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control – a Force Majeure event. This includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes but not limited to the following: strikes or other industrial action; civil commotion, riot, invasion, terrorist attack or threat; fire, storm, flood or other natural disaster, impossibility of the use of public or private transport or delays in relation to such transport; or impossibility of the use of public or private telecommunication networks. Our obligations under these Terms and Conditions are suspended for the period that Force Majeure continues and provided that if the Force Majeure renders, in our opinion, the Event not viable then we may cancel or postpone the Event. If we choose to postpone to another date (and/or place) we will offer you the opportunity of attending the alternative date. If the Event is cancelled as a result of Force Majeure, we will provide refunds to attendees on the basis of any sums remaining to us after satisfying all our obligations in respect of the cancelled event. You acknowledge that it may be on this basis that no refund is possible.
3.4 If an Event is cancelled, we will have no liability for losses or costs which you may incur due to such cancellation.
4. Venue
4.1 You and your guests must follow all procedures and policies (including those relating to behaviour and conduct) that may be in place at any venue.
4.2 We may use photographs or video taken at events in publicity and marketing materials, including use on our website. Your attendance at an event may mean that you are featured in such photographs or videos. If you do not wish to be included in these, please notify the photographer at the relevant event otherwise your inclusion shall imply that your consent is given.
4.3 In the event that your behaviour gives us cause for concern, the Venue will be entitled to require you leave the premises.
4.4 You are liable for any loss or damage which you may cause to the venue.
4.5 If you or any of your guests has a disability or medical condition that requires special arrangements to be made, please notify us of these requirements when making your booking.
4.6 We accept no liability for damage to, or loss of, personal belongings.
5. Trademarks and Logos
You hereby grant to Pitchside the non-exclusive right and royalty free right and licence to reproduce, use, apply and publish the Your logos, trademarks or other marks or intellectual property (“Logos”), as
provided by You from time to time (in accordance with the instructions and timelines as notified to You by the Pitch Sales Executive) for use with any Sponsorship, whether digitally or otherwise.
6. Data Protection and Privacy Policy
Please see https://pitchsidehospitality.com/privacy-policy for our Data Protection and privacy policy.
7. Warranties and Indemnity
7.1 You hereby warrant and undertake to Pitch that:
(a) you have the full right, title and authority to enter into this Agreement and to give, accept and perform the obligations, undertakings, covenants, warranties and representations and agreements to be given, accepted or performed under this Agreement and is not aware of anything within its reasonable control that may, or will, adversely affect its ability to fulfil any of its obligations under this Agreement; and
(b) Pitch’s use or application of any Logo in accordance with this Agreement will not infringe the Intellectual Property rights of any person.
7.2 You hereby indemnify and hold harmless Pitch against all liabilities, claims, actions, damages and/or loss (of whatever nature) incurred or suffered by Pitch arising out of the performance or non-performance of Your obligations under this Agreement. The provisions of this clause 7 shall survive termination or expiry of this Agreement.
8. Limitation of Liability
8.1 It is agreed that, subject to clauses 8.2 and 8.3 below:
(a) neither party shall be liable to the other in contract, tort (including negligence and breach of statutory rights) or otherwise for any consequential loss (including consequential loss of profit or anticipated savings); and
(b) each party’s liability to the other for breach of any of the provisions of this Agreement in any Agreement Year (excluding only liabilities arising under clause 7 above (which shall be unaffected by and shall fall outside the cap on liability created by this clause)) shall be limited, to the aggregate of all amounts of the sums paid which have been actually received by Pitchside from You pursuant to this Agreement.
8.2 It is agreed, for the avoidance of doubt, that the provisions of clause 8.1 above shall not operate so as to limit or exclude any liabilities under any indemnities given by either party in this Agreement.
8.3 Notwithstanding the foregoing provisions of this clause 8, nothing in this Agreement shall exclude or restrict either party’s liability for fraud, fraudulent misrepresentation, fraudulent concealment or for death or personal injury resulting from the negligence of that party or of its employees while acting in the course of their employment or for any other liability which cannot be excluded or limited at law.
9. General
9.1 This Agreement is governed by the laws of England and the Courts of England and Wales shall have jurisdiction;
9.2 Pitchside may assign its rights and/or obligations hereunder to a third party without your consent or prior notice to you if such transfer does not in any way undermine your rights hereunder. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Pitchside. Any attempted or actual assignment thereof without Pitchside’s prior express written consent will be null and void.
9.3 These Terms, along with the Deal Terms (as provided in writing by the Pitchside Sales Executive), constitutes the entire agreement between the parties supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.
9.4 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party as the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
9.5 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
9.6 If any Relevant Regulatory Authority or any court or tribunal of competent jurisdiction decides or reaches a judgment that any material provision of this Agreement, in whole or in part, or the application of such provision to any person or circumstances, is void and/or unenforceable and/or unlawful by operation of any Applicable Law, then the offending provision shall be struck out and the parties will consult with a view to negotiating in good faith an alternative provision which (having regard to the parties’ respective intentions at the date hereof) achieves a result as similar as possible to the result which would have been achieved by the offending provision, whereupon such provision shall be substituted for the offending provision and all other provisions of this Agreement will remain in full force and effect.
9.7 This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
9.8 Notices to you may be made via email. Pitchside may also provide notices of changes to these Terms or other matters by displaying notices or links to notices through its website.