EVENT TERMS AND CONDITIONS
1. Introduction
These Event Terms and Conditions, together with the ‘Event Schedule’ and any other specific or special terms agreed in writing together form part of your (‘Agreement’) with Be Fearsome Ltd (the ‘Provider’) and the ‘Client’ (‘Client(s)’, ‘Customer’, ‘your’, or ‘you’) named in the Event Schedule. The Client may be a representative for a Company or Group and will need to confirm they have the authorisation to speak on behalf of that Company or Group. You understand that the Provider is a Limited Liability Company and you are entering into a contract with them.
Booking and/or payment of an ‘Event’ constitutes acceptance of these Event Terms and Conditions when you will become a Client. You are asked to pay special attention to the provisions related to cancellations. This does not affect your statutory rights.
The Provider may use additional Trainers and Coaches. If the Provider uses additional Trainers or Coaches they come under the umbrella of the Provider.
2. Definitions and interpretation
a) The following terms shall have the following meanings for this agreement:
i. ‘Provider’ means BE FEARSOME LIMITED company number 10495946 registered at 124 City Road, London, EC1V 2NX;
ii. ‘Client’means any person or persons engaging in a paid or unpaid activity with the 'Provider';
iii. ‘Agreement’ means a combination of the Event Terms and Conditions combined with the Event Schedule and General Terms and Conditions;
iv. ‘Services’ means those specified in clause 3;
v. ‘Currency’ means pounds sterling;
vi. ‘Payments’ means the amounts listed in the contract agreement and are in pound sterling;
vii. ‘Event’, 'Sessions', 'Training' or ‘Activity’ means and services provided by The Provider;
viii. ‘Trainer’, 'Coach', 'Leader' or ‘Employee’ ‘Team’ means a third party employed and/or subcontracted by the Provider;
ix. ‘Activity’ means a planned activity, session and a group of activities or sessions of the undertaking and resources used to guide an individual or group toward a specific objective.
x. ‘Event’ means a range of activities and resources used to guide an individual or group toward a specific learning objective.
xi. ‘Event Schedule’ means the proposed and agreed schedule of the Event to include timings, descriptions, inclusions and Event and/or Venue specific Terms and Conditions.
xii. ‘Resort’ or ‘Venue’ means the agreed location of the Event in the Event Schedule. This may change between Events and also may change during your Event. Note: If the Venue is not included in the Event Schedule sourced by the Provider, it is the Clients responsibility to ensure that the Provider is made aware in writing of any Venue rules and regulations.
xiii. ‘Attendees’ or ‘Participants’ means the Client and their group, company or other structure of people set at a number determined on the Event Schedule. Any Attendees come under the reference Client.
xiv. ‘Booking Deposit’ means the deposit paid to book the event laid out in the Event Schedule.
xv. ‘ Total Charge’ or ‘Contract Value’ means the total amount for the Event laid out in the Events Schedule.
xvi. ‘Balance Payment’ means the Total Charge minus any Booking Deposit.
xvii. ‘Additional Charges’ means any additional charges incurred or services requested by the Client.
b) Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
c) All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
3. Contract
a) All bookings are provisional and no contract is formed unless and until the Event Schedule is completed and signed by or on behalf of both the Provider and the Client.
b) References to the Event Schedule mean the reservation of transport, accommodation, catering, Sessions, Activities or other facilities and/or amenities agreed in writing between the Provider and the Client as detailed in the Event Schedule part of this Agreement and 'the Event' (‘Event’) means the event detailed in the Event Schedule.
c) References in this Agreement to the 'Contract Value' or ‘Total Charge’ mean the price payable by the Client to the Provider for the transport, accommodation, catering, Sessions, Activities or other facilities and/or amenities included in the Event reservation as detailed in the Event Schedule or the relevant part thereof (as the case may be).
d) Where this Agreement for the Event is made and signed by the Client for and on behalf of or for the benefit of a third party, details of the third party shall be completed in the Schedule and references in the Agreement to the Client shall, where the context admits, be deemed to include such third party.
e) Any reference in this Agreement to the Client as regards its use of the Venue or its conduct (including any act, omission or neglect) whilst at the Venue or its property shall include any sub-contractor, agent, employee or delegate of the Client and any guest staying at the Venue or using the Venue’s facilities in connection with the Event.
f) The Venue’s house rules from time to time apply to any reservation made at the Venue in connection with the Event save as the same are expressly excluded or varied herein or in the Event Schedule.
g) If any provision of these Event Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Event Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
h) The Provider reserves the right to release the Venue or if the Agreement and deposit are not received by the date stated in the covering letter. If other definite enquiries are forthcoming, we may contact you for an earlier confirmation.
i) If the Provider is supplying the Venue, there will be Venue specific Terms & Conditions applicable. These will be noted in the Event Schedule and sent for approval at the time of contract. Venue Terms & Conditions form part of your contract with the Provider.
j) Event Specific Terms and Conditions laid out in the Event Schedule to include but not limited to Venue specific Terms and Conditions accompany and in some cases supersede these Event Terms and Conditions.
4 Event Details
a) Event details and charges are set out in the Event Schedule. The size of function space allocated is dependent on the accommodation reserved and the number of Attendees as set out in the Event Schedule. In the case of a reduction, the Provider or Venue reserves the right to make reasonable and appropriate changes to the function space allocated. The Venue shall promptly notify the Provider who will notify the Client of all such changes.
b) If the Client reduces the number of Attendees the following applies:
i. Venue: each venue the Provider uses has its clauses for a reduction in number referring to accommodation, catering, function space and other facilities. This is outlined in the Event Schedule and such Clauses form part of the Agreement. The Provider has no control over such clauses.
ii. Activities: activities are pre-booked for the number of Attendees in the event schedule and cannot be amended without prior written agreement from the Provider. Each activity has its specific clauses and therefore will not be included individually in the Agreement.Notice of any reduction must be made in writing by the Client to the Provider and no action will be taken by the Provider until such notice is received by it.
c) All special dietary requirements should be notified to the Provider at least fourteen days before the Event. No charge in addition to the cost of the original meals selection will be incurred for these meals provided they do not exceed the cost of the meals originally selected.
d) In the event of extra vegetarian or special diet meals being requested on the day of the Event, such meals as are provided will be charged in full in addition to the meals originally selected.
5. Cancellation/Termination By the Client
a) Note that the payment of the Booking Deposit or Total Charge holds specific Event Dates for your Event. If you can no longer make the Event Dates that have been booked, you cannot transfer the Booking Deposit or Total Charge to another date unless agreed otherwise in writing. You will be treated as having cancelled the booking and terminated this Agreement and the terms in 5b will apply.
b) If (otherwise than in circumstances in which the Client is entitled to terminate this Agreement because of any breach of this Agreement by the Provider) the Customer cancels the Event in whole or in part, the following cancellation charges shall apply unless stated differently in the Events Schedule:
i. over twelve (12) weeks before the scheduled date of the Event – the Booking Deposit shall be non-refundable but the remainder of the Total Charge will not be due
ii. between eleven (12) and eight (8) weeks before the event - the Booking Deposit plus 25% of the remainder of the Total Charge will be held by us or due if not yet paid
iii. less than eight (8) weeks before the event - the Total Charge will be held or due if not yet paid
c) Note that we will not issue refunds under any circumstances other than set out in Notice of cancellation must be made in writing by the Client to the Provider and no action will be taken by the Provider and Venue until such notice is received by it.We strongly recommend you take out cancellation insurance to cover you if you cancel the Event In circumstances where we do not issue refunds.
6. Cancellation/Termination By The Company
a) Under the unfortunate circumstances that a Force Majeure Event makes it unsafe, illegal or impossible for us to conduct the Event on the Event Dates, we shall first offer you the option to move the booking to a future date or alternatively offer you a credit of 100% of the amount of the Total Charge paid and any Additional Charges paid at the date of cancellation less any additional Charges paid or payable to third parties from the supply of goods or services which cannot be cancelled or reduced.
b) We may cancel the Event and terminate this Agreement at any time for convenience by serving at least nighty (90) days before the Event Date and issuing you with a full refund of the amount of the Total Charge and any Additional Charges paid at the date of cancellation.
c) We may cancel the Event and terminate this Agreement at any time and without any liability to you if, in our opinion including that of the Duty Manager on the Hire Date(s),:
(i) your behaviour in our reasonable opinion, incite public disorder or be discriminatory, be obscene or be in bad taste;
(ii) you are in breach of any of your obligations under this Agreement, including without limitation your payment obligations and fail to remedy the breach within five (5) Business Days of notice from us;
(iii) you suffer any acts of bankruptcy or being a company if any step, application, order, proceeding or appointment is taken or made by or in respect of you for a distress, execution, composition or arrangement with creditors, winding up, dissolution, administration, receivership (administrative or otherwise), insolvency or if you are unable to pay your debts as they fall due.
7. Epidemic/Pandemic Including Covid-19
a) We expect you to follow all applicable laws, regulations, rules and government or competent authority guidance in relation to any epidemic or pandemic which may affect the Event including Covid-19 or any mutation of it (“Serious Health Risk”) and keep abreast of any relevant changes to such laws, rules and guidance. If the UK government imposes a nationwide or a local lockdown, or any other laws, regulations, rules, or guidance in response to any Serious Health Risk meaning we are forced to close the Hire Space the terms of section 4.d shall apply.
b) We reserve the right at our absolute discretion and without payment of refund or any other compensation to amend the terms of this Agreement or rules onsite at the Venue from time to time in order to ensure that we comply with all applicable laws, regulations, rules and guidance (whether or not having the force of law) relating to Serious Health Risks. Such measures may include, without limitation, wearing of face masks, social distancing, limiting numbers of attendees and requiring proof of health and vaccination status. If we reasonably believe that the rules are being breached by attendees of the Event, we will ask you and the Client’s Entourage to leave the Venue without a refund. Furthermore, we reserve the right to pass on any government or local authority fines that we receive related to such breaches to you and such funds will be payable immediately.
8. Deposits and Payments
a) To secure an Event Booking a non-refundable deposit of 50% of the Total Charge is due upon receipt of the invoice or where the booking is made less than eight (8) weeks prior to the Event the Total Hire Charge is due upon receipt of the invoice.
b) Where a Booking Deposit has been paid, the Balance Payment of the Total Charge is due no less than eight (8) weeks prior to the Event. We will send you a reminder for when the Balance Payment is due. It is your responsibility to check your emails for your reminder. If the Balance Payment is not made by the due date we will give you one further reminder (by email or phone call). If it is not paid within five (5) days of the second reminder, we will reserve the right to terminate this Agreement and release the Event Dates without notifying you or refunding the Booking Deposit.
c) Any Additional Charges incurred after the date of this agreement shall be paid in accordance with the relevant invoice.
d) Payment is to be made to the Provider via Bank Transfer with no deductions unless agreed otherwise in writing.
e) Interest will be charged on any overdue sums payable at the highest rate allowed by law.
f) By paying the Booking Deposit or Total Charge (as applicable under 7.a) you will be deemed to have accepted the terms of this Agreement even if you do not sign it so you are strongly advised to read it in full before making any payment.
g) The Provider may at any time increase its charges payable by the Client for the Event to pass on to the Client any increase in the rate of value added tax or similar tax or duty for which the Provider is liable and which arises under this Agreement.
h) The Client agrees to pay the Provider or Venue on demand for any food, beverages or other services not provided for in this Agreement but made available upon request of the Provider or Venue at any time during the Event.
9. Damage
a) The Client shall be responsible for any damage caused to the Provider’s or Venue’s property or any part of it (including without limitation furnishings, equipment or infrastructure) as a result of any act or neglect of the Client. The Client shall pay the Provider or Venue on demand the amount reasonably required to make good or remedy any such damage.
b) No items are to be affixed to the walls, floors, ceilings or ground (grass or otherwise) or any part of the Venue without the Venue’s prior consent.
10. Property left on the Venue’s Premises
a) Following the completion of the Event, the Client shall be responsible for the collection and removal of all its goods from the Venue. If such goods are not collected and removed within 14 days (or as otherwise agreed) from completion of the Event, the Venue shall be entitled to despatch the same to the Client to the Client’s address set out in the Event Schedule at the Client’s cost and expense and if the Client fails to take delivery of the same the Venue shall be entitled to dispose of such goods without liability to the Client. Without prejudice to the foregoing, if the Venue incurs costs as a result of the failure of the Clients to remove, collect or take delivery of such goods the Client shall immediately on demand from the Venue reimburse the Venue in full in respect of those costs.
b) If the Venue agrees to provide storage facilities for the Clients property the Venue shall take reasonable care of such property. If the Venue fails to take reasonable care of such property the Venue will provide its terms and conditions for storage to the Client. The provider is not responsible for any arrangement between the Client and the Venue.
c) If the Venue has not agreed to provide storage facilities for the Client’s property (or property of the Client’s agents or contractors), any such property left at the Venue shall be left entirely at the Client’s own risk and the Venue shall have no liability to the Venue for any loss of or damage to such property.
11. Signage - Includes Venue Buildings and Grounds
Signage is not to be displayed unless specifically agreed in writing with the Provider and Venue.
12. Food & Beverage
The Provider will supply any food or beverage agreed within the Event Schedule. The Client may be permitted to bring their own food and beverage (including alcohol) to the Venue, however, this must be agreed in writing beforehand.
13. Etiquette
a) The Venue reserves the right to determine acceptable levels of noise and standards of behaviour and attire of the Client and the Client shall observe and adhere to the Venue’s rules and regulations from time to time. In the event of the Client failing to so adhere or comply, the Venue reserves the right to terminate this Agreement and the Event with the Provider without liability to the Client for any refund or compensation.
b) In the event of serious or repeated misconduct of any person attending, the Venue reserves the right to compel such person to vacate the Venue.
c) Firearms and other weapons, authentic, replica or imitation are not permitted in the Venue or on any part of the Venue’s property unless agreed in writing beforehand.
d) Illegal drugs, legal highs or associated paraphernalia are not permitted within the Venue.
14. Licensing and Statutory Controls
The Venue and the parties, functions, conferences and events it hosts are subject to statutory controls including those relating to fire, licensing and entertainment and must be strictly observed by the Client.
15. Medical and Injury
a) The Client and Attendees are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking any physical activity with or from the Provider. You must provide the completed form to us before an Activity or Session is started that involves physical activity.
(i) The Provider may require a letter of ‘medical clearance’ from Your GP. Please be aware that your GP may charge for providing this letter and the cost is covered by You.
(ii) You understand and agree that it is your responsibility to inform the Provider of any conditions or changes to your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.
(iii) If the Provider requires further medical information from a practitioner, you must provide such details.
(iv) You understand that there are inherent risks in participating in a programme of strenuous exercise, Teambuilding Activities and any other Activities planned and executed by the Provider. If you sustain or claim to sustain any injury while participating in any Activity, you acknowledge that the Provider is not responsible, except where the injury was caused by their gross negligence or intentional act.
(v) The Provider cannot be held liable in any way for undeclared or unknown medical conditions.
(vi) The Provider accepts no liability and/or responsibility for any injury, illness, damage, loss, accident, expense, or any other claim arising from involvement in any activities or provision of any services howsoever suffered, even in circumstances where the Provider, the Coaches and/or Employee of the Provider may have negligently breached any duty of care that it or they may owe or have owed in connection with such activities, conduct, supervision, or the provision of services. The Provider will no longer be liable for direct or indirect losses, arising from any such injury, illness, damage, loss accident, or expense including consequential loss or economic loss however caused.
(vii) The Provider is not responsible for any health problems arising from environmental factors during Your Event, Activities or Session.
16. Health and Safety
a) The Provider and/or the Provider’s Trainers have completed and hold current certifications for emergency first aid at work.
b) The Provider and/or the Provider’s Trainers have £10 million public liability insurance cover.
c) The Provider has a risk assessment and emergency action plan for the Activities and Sessions the Client is conducting.
d) The Provider and/or the Provider’s Trainers hold appropriate qualifications for the Activity or Session the Clients are conducting.
e) The Provider will provide copies of any Health and Safety documents upon request from the Client.
f) Where an ‘Outside Contractor’ is conducting an Activity the ‘Contractor’ is responsible for Health and Safety and Risk Assessments.
17. Insurance and Equipment
a) It is recommended that the Client takes out adequate insurance to cover the sports activities they are partaking in, for injury, 3rd party liability and equipment. Failure to take out an appropriate insurance policy is at your own risk and the Provider accepts no responsibility for loss, injury or liability on your part.
b) You are liable for any damage or harm that may be incurred to your own equipment or the Providers equipment.
c) We may charge you for any equipment loaned or hired to you through us that is misused, damaged or lost.
d) The Provider will maintain a comprehensive policy of insurance to cover the liability of the Provider in respect of any act or default for which it may become liable to indemnify the Client under the terms of this agreement.
e) The Provider shall not be liable to the Client for loss or damage to the Client’s property unless due to the negligence or other failure of the Provider under the general law.
18. Activities and Sessions
a) All Activities and Sessions are optional.
b) A safety briefing and injury check will be given by the Provider at the start of every Session. It is Your responsibility to attend these briefings and pay attention. Failure to attend these briefings may result in exclusion from the Activity or Session at the Providers digression.
c) We reserve the right to stop you from taking part in an Activity or Session, make changes to a planned Activity or Session or take other appropriate action if we feel you are putting yourself and or others at risk.
d) You are asked to be mindful and respectful of other users from the Providers group and the general public.
e) The Provider takes no responsibility for any undertaking out of planned Activities and Sessions. This is inclusive of leaving the Venue.
19. Liability
a) Our Clients are important to us and we take our duty of care seriously to ensure, as far as we possibly can. We will carry out our own risk assessment of the activities and we will advise you of hazards known to us.
b) The Provider is not liable for any harm, damage or loss that results from your own actions, actions beyond our control, actions of a third party or which we cannot have reasonably foreseen.
c) While all reasonable efforts will be made to ensure the safety and well-being of participants, Activities and Sessions often take place in an outdoor environment and participants must be aware, understand and agree that there are inherent dangers and certain unpredictability accompanying the Activities and Sessions.
d) Each Participant accepts responsibility for such risks to personal safety and acknowledges that the Provider is not responsible for any loss or damage to personal property
e) The Provider will not be liable for any injury that results from failure to follow its safety instructions.
f) The Provider or Venue’s liability to the Customer for death or injury resulting from the negligence of the Venue or any person for whose acts the Venue is vicariously liable shall not be limited.
g) The Provider or Venue shall have no liability to the Client for any failure to perform this Agreement as a result of any act, neglect or default of the Client.
h) The Provider or Venue shall accept liability to the Client in respect of loss of or damage to the tangible property of the Venue resulting from the negligence of the Venue or its employees, agents or subcontractors.
i) The Provider or Venue are not liable for any personal items that are lost, stolen or damaged. It is advised any valuable items are not bought to the Event or Venue.
20. Termination
a) The Client shall be deemed to have repudiated this Agreement and the Provider and Venue may at any time thereafter serve notice accepting that repudiation and terminating this Agreement (without prejudice to any claims and other remedies available to it under this Agreement or otherwise) if:
(i) the Client fails punctually to pay on their due date any sums due under this Agreement or is in material breach of any of its other terms; or
(ii) the Client (being an individual) (or where there is more than one Client any of them) is the subject of an interim order or has a statutory demand made upon him under the Insolvency Act 1986 (or any statutory re-enactment thereof) or has a bankruptcy petition presented in respect of him; or
(iii) the Client (being a company) shall have a receiver, administrative receiver, or administrator appointed, or shall enter compulsory or voluntary liquidation; or
(iv) the Client shall do anything or omit to do anything which in the opinion of the Provider or Venue may damage the reputation or goodwill of the Provider or Venue.
b) In the event of termination by the Provider or Venue pursuant to paragraph 18a above, the Provider shall have no liability to refund to the Client any deposit or other payment in advance paid by the Client to the Provider pursuant to this Agreement.
21. Entire Agreement
This Agreement supersedes any previous agreement between the parties in relation to the matter with which it deals, represents the entire understanding between the parties in relation to its subject matter and notwithstanding any purported stipulation by the Client to the contrary shall prevail over all terms and conditions implied by trade custom, practice or course of dealing insofar as such terms and conditions are inconsistent with or additional to the terms of this Agreement. The Client confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
21. Time of the Essence
Time shall be of the essence in this Agreement as regards any time, date or period mentioned in this Agreement or subsequently substituted as a time, date or period by agreement in writing between the parties.
23. Assignment
a) This Agreement is entered into by the Provider for the benefit of its successors in title and assigns.
b) This Agreement is personal to the Client who shall not be entitled to assign it or subcontract any of its rights or obligations to any other person without the express prior written consent of the Provider.
24. Variation
No variation to this Agreement shall be implied by any indulgence shown to the Client or (as the case may be) the Provider under this Agreement or any other contract or course of dealing between the Provider and the Client and no alteration, exclusion or waiver of any of these terms and conditions shall be effective or binding unless made in writing by a duly authorised representative of the Provider and the Customer.
25. Third Party Rights
A person who is not a party to this Agreement has no rights (and the parties hereby exclude any such rights) under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any third party right or remedy that exists or is available apart from that Act.
26. Problems or Complaints
a) In the case of any problem or complaint, you must inform the Provider at the earliest opportunity so they have the chance to rectify the situation as quickly and efficiently as possible.
b) Complaints must be received in writing to our correspondence email contact@befearsome.com or registered address 124 City Road, London, EC1V 2NX.
c) Any complaint, which cannot be resolved locally, must be notified in writing to the Provider within one week.
d) Failure to follow this procedure may hinder the Providers ability to rectify the problem or complaint and reduce or extinguish any claim you may have.
27. General
a) The Provider has the right to change these Event Terms and Conditions, for example, to be able to offer new services or as required by law. The Provider will notify you of significant changes. When such a change(s) is made, if dissatisfied the Client can cancel this agreement once the Client has made any payments already due to the Provider.
b) The Client is responsible for keeping all their contact information and marketing preferences up to date with the Provider. To comply with the Data Protection Act 1998, the Provider will only do what the Client asks them to do, or what the Client has permitted them to do with any personal or sensitive information held about the Client.
c) We may use the Clients personal contact information within Be Fearsome Ltd, to offer information or products that we feel are of interest. By agreeing to these terms the Client is accepting the use of contact information in this way.
d) Filming, sound recording and photography may be taken for marketing purposes. The Client's participation in a Session, Course, Event or Coaching means they consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. If the Client has any objections please inform the Provider.
e) This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts.
f) Correspondence with Be Fearsome Ltd can be made via phone 020 8064 5444, email contact@befearsome.com or in writing 124 City Road, London, EC1V 2NX.