The Mulberry Group – Standard Terms and Conditions

The following conditions comprise the accepted Standard terms of the Mulberry Group and all businesses that form part of that group for all work undertaken by any business within the group shall be on the basis of the Booking and these terms to the exclusion of all others unless specifically varied in writing and signed for as agreed in variance by an authorised signatory for and on behalf of the Business. In accepting this booking these conditions shall be deemed to have been accepted by the Client on its own behalf and for and on behalf of each and every guest.

1 DEFINITIONS

1.1
“The Client”
The business, corporation or individual within either the business or corporation for whom the booking is made and the Services provided

“The Booking”
The booking by the Client of the Event as set by the Conditions

“The Business”
The Mulberry Group including, Mulberry Hospitality, Mulberry Events and Ethical Events and where applicable its employees, suppliers, agents or sub-contractors Acting solely on behalf of The Business

“The Conditions”
The provisions as set out in this document

“The Contract”           
The agreement between The Business and The Client to perform The Services as detailed within The Booking and these Conditions

"Force Majeure”           
All circumstances beyond the control of The Business including but not limited to, act of war, terrorism, riot, public disorder, government action, industrial disputes, lock-out, fire, adverse weather, unavailability of suitable staff, the unavailability or cancellation or non-appearance of any ‘billed’ or ‘headline’ artiste(s) or any other third party unavailability or failure of equipment or unavailability of the venue or restrictions by the venue or on any other essential elements that make up The Event

“The Event”           
The occasion or programme that is to be organised by The Business as detailed in The Booking

“The Guests”
The invitees of The Client to participate in or to be a part of The Event

“The Price”
The fee due to The Business from The Client in payment for The Services

“The Services” 
The work to be undertaken by The Business in order to organise and deliver The Event in accordance with and as detailed within The Booking

2 THE PRICE

The Price payable for The Services shall be as set out in The Booking (subject to any changes or adjustments as detailed in clause 10) which shall be payable as follows:

2.1
35% of The Price shall become payable as a non-refundable deposit on written acceptance of The Booking.(If The Event is due to take place within 60 days of The Booking then the payment at the time of the Booking will be 100% of The Price)

2.2
A further non-refundable payment of 65%, the balance of The Price, must be settled no later than 45 days Prior to The Event

2.3
If payments are not made within the time limits stated in 2.2, this will be deemed a breach of The Contract whereby The Business reserves the right to reallocate The Booking and to treat The Contract as at an end with the forfeiture of any tickets or Event due to The Client

2.4
In the event that The Business treats The Contract as at an end in accordance with clause 2.3, The Business shall be entitled to retain, free of obligation, all sums already paid by The Client and the balance of The Event costs shall become immediately payable by The Client to The Business. This is without prejudice to The Business’s right to claim damages from The Client in respect of any further loss suffered by or incurred as a result of non payment

3 CANCELLATION BY THE CLIENT

3.1
The Event may be cancelled by The Client, but cancellation will only be effective from the date that The Business receives written notice of cancellation. A cancellation fee will be payable by The Client as detailed below and represents a reasonable assessment of the loss that The Business would suffer as a  Result of the cancellation:
More than 90 days – 50% of “The Price” 90 – 46 days – 80%,   Less than 45 days – 100% of “The Price”

4 CANCELLATION BY THE BUSINESS

4.1
The Business reserves the right to cancel The Event

4.1.1. If the further payments of The Price have not been made in accordance with 2.2
4.1.2  Force Majeure

5 REDUCTION IN GUEST NUMBERS

5.1
The Client will not be entitled to any reduction in The Price for The Business to fulfil and deliver The Event If the number of guests attending The Event are less than the number as stated in The Booking

 

6 POSTPONEMENT AND CHANGES TO THE EVENT

6.1
Whilst all efforts will be made by The Business to carry out The Service in accordance with The Booking

The Business retains the right to postpone or change the venue or nature of The Event if it is necessary
due to Force Majeure. In such circumstances The Business will notify The Client as soon as reasonably
Practicable to do and suitable alternative arrangements will be made

7 THE BUSINESS’S AUTHORITY AT THE EVENT

7.1
The Client hereby agrees on it’s own behalf and on behalf of each and every guest who attends The Event

7.1.1
That the opinion and judgement of The Business is final in regard to all matters of safety
7.1.2
To comply to any and all requests made by The Business in the interests of safety when expressed
7.1.3
To comply with any other reasonable instruction given by The Business at any time during The Event
7.2
The Business reserves the right and will exercise that right, to request that any guest who in the opinion of The Business is behaving in a dangerous, unreasonable, disruptive or provocative manner to leave The Event immediately. The Client agrees to procure that any such requests will be complied with by each and Every guest at The Event. In such a circumstance The Business will be under no liability whatsoever to The Client or the guest in respect of any refund of The Price or any compensation for any costs or loss That the guest or client may incur as a result of this action having to take place furthermore The Client Hereby agrees to indemnify The Business against any claim by any such guest

7.3
Before participating in The Event, every guest may be required at the sole discretion of The Business to Sign an indemnity disclaimer, a copy of which will be available at such an Event or upon request

8 LIABILTY OF THE CLIENT

8.1
The Client hereby agrees that in the event of damage being caused to any facility (this includes: buildings, fixtures and fittings) vehicles or equipment of whatsoever nature supplied by The Business for the purpose of executing The Event, The Client will be liable for a claim for damages.
8.1.1
If the damage arises out of an act or omission of The Client or of any guest of The Client, The Client shall be liable for the first £250,000 on each and every item
8.1.2
If the cause of the damage be deliberate The Client shall be liable for all the damage so caused and for the full replacement value of each and every item claimed made against them

8.2
If The Event is abroad or The Client or guests of The Client are travelling abroad it is the sole Responsibility of The client to ensure that all guests, staff or other participants have appropriate insurance and that their passports and visas (where required) are in order which allows them to travel

9 LIABILITY OF THE BUSINESS FOR DAMAGE

9.1
The Business agrees to exercise all reasonable skill and care in the provision of The Services in Accordance with the terms of The Booking in organising The Event but shall not be liable to The Client for failure to provide The Services if such failure is due to Force Majeure

9.2
The Business has no liability to The Client or any guest of the Client (other than for death or personal Injury caused to The Client or the guest of The Client as a direct result of the clear negligence of The Business) for any loss, damage of any nature, howsoever caused (including damage or injury caused by One guest to another) arising out of or in connection with attendance at The Event to The Client or guests Or the property of the Client or guest unless otherwise covered by the public liability insurance carried by The Business at the date of The Event (any such claim by The Client or guest being made on the terms And conditions of such insurance policy)

9.3
The liability of The business shall be limited to so much of The Price that has already been paid to The Business

9.4
To the extent that The Business suffers any liability as a result of any act of The Client or any guests, The Client hereby indemnifies The Business

9.5
The Business shall not under any circumstances be liable for indirect, economic or consequential loss Howsoever caused or incurred

9.6
It is understood that Personal Accident Insurance covering The Event is not included in The Price

10 ALTERATIONS IN THE PRICE

10.1
Any additions requested by The Client and not included within the original Booking will be invoiced following The Event

10.2
Any requests for additions to The Event which incurs extra costs must be agreed in writing by an Authorised representative of The Client either prior to or during The Event

10.3
Any additional costs incurred invoiced to The Client must be settled within 7 days