1.1 this Agreement shall be deemed to be made under the following Terms and Conditions (“Terms”) set out herein between Engage Sport Management Limited (“ESM Ltd”) and the party identified as the client in the attached Schedule (“Client”). The attached Schedule is incorporated in and forms part of this Agreement.
1.2 when a Client indicates that they want to proceed with a booking, ESM Ltd will send them a copy of these Terms and a Schedule. The Client will then sign and return these documents and the parties enter into a binding contract when ESM Ltd receives the signed documents. No contractual relationship between the parties arises until ESM Ltd receives these signed documents.
1.3 subject to the entry into of this Agreement, ESM Ltd will provide the Package in respect of the Event to be held on the Event Date for the Fee. Details of the “Package”, “Event”, “Event Date” and “Fee” are set out in the Schedule.
1.4 the Client hereby expressly accepts that these Terms and the contents of the Schedule constitute the entire agreement between the parties. These Terms apply to this Agreement to the exclusion of any other terms the Client seeks to impose or incorporate, or which are implied by trade, custom, practice, course of dealing or, to the extent possible, statute.
1.5 the Client acknowledges that when entering into this Agreement, it has not relied upon or been in any way induced by any warranties, representations written or verbal that have been made by ESM Ltd or its employees officers or agents other than those contained in this Agreement.
1.6 the Client acknowledges that All Hospitality Packages and Tickets are sold subject to availability and to these Conditions. The issue of a confirmation email from ESM Ltd confirming the booking, the receipt of a signed booking form by ESM Ltd or the receipt of cleared funds from the Client shall constitute acceptance of the booking by ESM Ltd and shall create a Contract subject to these Conditions.
The Client is required to pay 100% of the Fee on confirmation of the booking being accepted by ESM Ltd. Non-payment by a Client by the dates set out in this Term 2 will also be treated as a cancellation of the Agreement by the Client which ESM Ltd may treat in accordance with the terms of Term 4.
Bookings made within Twelve (12) weeks prior to the Event Date will be invoiced in full and are payable within Seven (7) days of signature of this Agreement.
4.1 any cancellation of this Agreement by the Client must be made in writing and is effective from the day it is received by ESM Ltd.
4.2 if this Agreement is cancelled by the Client more than (12) weeks before the Event Date, the Client must pay ESM Ltd, 50% of the Fee as a cancellation fee.
4.3 if this Agreement is cancelled by the Client less than (12) weeks before the Event Date, the Client must pay ESM Ltd, 100% of the Fee as a cancellation fee.
4.4 the Client must pay to ESM Ltd any costs incurred by ESM Ltd in recovering sums owed under this Agreement or damages for
non-performance thereof including legal costs on a full indemnity basis.
4.5 ESM Ltd may at its sole discretion offer the Client an alternative package at an alternative event if the Client indicates a desire to cancel the Package and there is in the sole opinion of ESM sufficient time to resell the Package.
5.The Advertised Package
ESM Ltd will use its reasonable endeavours to provide the Package as advertised for the Event, including, but not limited to timing, date and other arrangements. However, ESM Ltd reserves the right to alter or omit or amend any part of the Package for the Event for any cause that ESM Ltd shall in its sole discretion consider to be reasonable. ESM Ltd is entitled without incurring any liability, to change the location of the hospitality venue.
6.Ticketing and Event Information
Client security passes and Event information will be sent out approximately Two (2) weeks prior to the Event. Tickets will be provided on the day of the Event, unless required for access to the hospitality venue. The Client agrees that it is bound by the terms and conditions of the tickets provided. It is understood that the tickets are not used as an inducement to purchase this hospitality package. Tickets and security passes will only be dispatched once full payment has been received and cleared.
7.Cancellation of Event / Occasion
ESM Ltd gives no guarantee whatsoever that the Event shall take place. Should any Event be cancelled or postponed for any reason whatsoever, the Client will have no entitlement to any refund of monies paid to ESM Ltd. It is the responsibility of the Client to adequately insure themselves against postponement or cancellation for whatever reason of the Event.
8.Third Parties and Liability
This Agreement shall be subject to any terms and conditions which third parties organising and staging the Event and the Package may specify in respect of those people attending the Event. The Client hereby expressly acknowledges that the provision of the Package is subject to the Event taking place, and that this is beyond the control of ESM Ltd. Accordingly, in the event that such facilities or tickets shall not be available for whatever reason, and save as otherwise expressly provided for by statute, any liability to ESM Ltd shall be limited to the return of the Fee.
Save as otherwise expressly provided for by statute, ESM Ltd’s liability howsoever arising and including but not limited to any liability for breach of this Agreement or any negligent acts shall be limited to the value of the Fee. ESM Ltd accepts no responsibility for any loss of profit or any indirect or consequential loss to the Client howsoever caused.
9.Alterations or cancellations by Third Parties
In the event of the cancellation or postponement of an Event, or when the arrangements and / or facilities for an Event are changed or cancelled by a third party, ESM Ltd will use its best endeavours to provide an alternative package for an alternative Event or an alternative package at an alternative location for the Event but shall be under no contractual obligation to do so.]
10.Disclaimer and Indemnity
The Client hereby waives and releases ESM Ltd from and indemnifies and holds ESM Ltd harmless against, any and all costs, damages, and expenses, which are incurred by the client, its agents, employees and/or guests and which arise in connection with this contract or the attendance of the event.
We do not store credit card details nor do we share financial details with any third parties.
12.1 These Terms will be governed by and interpreted in accordance with the laws of England and Wales and both ESM Ltd and the Client shall irrevocably submit to the jurisdiction of the courts of England and Wales.
12.2 The person who signs for the Client personally represents and warrants to ESM Ltd that he or she is duly authorised and has legal capacity to enter into this Agreement on behalf of the Client [and hereby personally guarantees the Client’s performance under this Agreement].
12.3 The Client represents and warrants to ESM Ltd that the entry into of this Agreement has been duly authorised and that this Agreement is a valid and legal agreement binding on the Client in accordance with its terms.
12.4 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of ESM Ltd.
12.5 Except as set out in this Agreement, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by ESM Ltd.