The parties referred to in these Terms and Conditions shall be as follows: a) ARGYLL EVENTS ('The Company' – supplier of services)
b) The Acceptor of the said Services ('The Contracting Party')
c) The Receiver of the said Services ('The Clients')
d) Persons acting as Servant or Agents for The Company ('The Servant or Agent') In entering into an agreement with The Company for the supply of services, The Contracting Party and each and every Guest agree to be bound by all the conditioned exemptions and provision herein contained.
1. Payment Terms
The contracting party agrees to pay a booking deposit of 50% of total invoice value at the time of booking, and the remaining 50% balance on presentation of an appropriate invoice approximately eight weeks prior to the event. For bookings made within eight weeks of an event the total event fee will be due on confirmation of the booking.
The Company will only accept a booking upon receipt of written confirmation and once this is received a contract will be deemed to have been made. Until the booking deposit is paid and contract signed and returned, the Company shall be free to offer the date in question to other parties.
If for any reason the Contracting Party cancels the booking, the booking deposit of 50% of total invoice value will be forfeited. If for any reason the Contracting Party cancels the booking within six months prior to the event date, the Contracting Party shall be liable to pay the total price contracted for.
4. Change of Event Date
Once the booking is confirmed and Event Booking Form signed any change of contracted event date instigated by the contracting party up to 30 days prior to the event date, will incur an administration fee of 10% of the total contracted event fee. The contracted event date cannot be changed within 30 days of the event date without the full event fee being incurred.
5. Reduction in Numbers
Should the Contracting Party reduce the number of Guests, that he has contracted on behalf of, 30 days or more prior to the event date, the Contracting Party shall be liable to pay a cancellation charge of 75% of the full price attributable to each such Guest. If guest numbers reduce within 30 days of the event date the Contracting Party shall be liable to pay 100% of the price attributable to each Guest.
6. Post Event Extras Invoices
Invoices for extras shall be payable no later than 14 days following the date in which the invoice is dated. All extras will incur a 10% administration charge.
7. Late Payment
If payment is not made within the terms set out above, Event Management Group reserve the right to charge interest at 0.4% per week on overdue fees.
8. The Company's Authority
The Contracting Party and each and every guest agree to abide and comply with any request or order made by or on the Company's behalf on all grounds of safety and that the Company's opinion is final and will be abided by howsoever expressed. If in the opinion of the Company, its Servants or Agents, the Contracting Party or Guest is behaving dangerously or is acting in a manner which would or may, in the opinion of the Company, it's Servants or Agents, lead to a disruption of the services at the contracted event, the Contracting Party or Guest will, at the request or order of the Company, it's Servants or Agents leave the event for the rest of the day contracted for, without the Company, its Servants or Agents, encountering any liability.
All rights to any images and video taken by or on behalf of Argyll Events for the client are retained by Argyll Events. Where a CD of high resolution images or video is included as part of the package, Argyll Events gives permission to the Client to use the images freely, however, ownership of the images remains with Argyll Events.
10. Display Marketing
The Client hereby gives permission for Argyll Events to display any images and video included in this contract in Argyll Events marketing material, including case studies, literature, exhibitions, advertising, competitions, magazines and on websites. No use of any of the images will be used for other commercial reasons, except with written permission from the Client.
11. Liability for Damage or Loss
The Contracting Party accepts liability to pay in full for any damage or loss to boats, vehicles, waterproof clothing, or other equipment supplied by the Company, arising out of an act or omission of the Contracting Party or Guests. The Contracting Party and each Guest agree to limit any claims against the Company to the risks and amounts insured against by the Company and agree to observe the terms and conditions thereof. A synopsis of the insurance policy is available to all Contracting Parties and Guests. The Company and its Servants or Agents accept no responsibility in respect of any damage whatsoever, to any property of the Contracting Party or Guests except where such damage is caused by the negligence of the Company, its Servants or Agents.
12. The Contracting Party and each and every Guest agree to save the Company, it's Servants or Agents, harmless from and to indemnify the Company, it's Servants or Agents against all actions, claims, costs, expenses and demands in respect of death or injury to the Contracting Party or Guests, arising out of or in connection with attendance at the contracted event in circumstances where the company is not at fault.
13. The Company, its Servants or Agents accept no responsibility for matters outside the Company's control causing the contracted event to be cancelled or altered from the advertised or contracted programme. The Contracting Party agrees that the Company may change the event contracted for without reduction in price in the instance of weather conditions rendering the original event impractical or dangerous. The company may change the activity or product supplied if necessary but will endeavour to supply a similar activity or product. Where possible all changes will be discussed with the Contracting Party prior to the event date.
14. It is hereby expressly agreed that each and every Servant or Agent of The Company (including every Independent Contractor employed by The Company) shall take the benefit of every exemption and limitation herein contained and every exemption from liability, defence and immunity of whatsoever nature applicable to The Company or to which The Company is entitled here under shall also be available and shall extend to protect every such Servant or Agent of The Company. The Company is or shall be deemed to be acting as Agent or Trustee on behalf of and for the benefit of all persons who are or might be its Servants or Agents from time to time (including Independent Contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract evidenced by this agreement.
15. If any term of this Agreement is deemed to be void or unenforceable whether in whole or in part, the validity and enforceability of the remainder of this Agreement including any part of such term which is not held to be invalid shall not be prejudiced or affected and shall continue to apply subject to such amendment.
16. Any additions or alterations of the terms and conditions of this agreement shall be null and void unless agreed upon in writing by the parties.
17. By accepting the terms and conditions of Argyll Events, the Contracting Party accepts the booking terms and conditions of all Suppliers and Sub Contractors to The Company. In so much The Contracting Party agrees to be bound by all terms relating to Security / Damage deposits, in relation to yacht charter, equipment hire and accommodation.