These are the standard terms of Noble Field Sports ltd (NFS) of Squerryes Shoot lodge, Goodley Stock Road, Westerham, Kent TN161SL and all work undertaken by NFS shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Event Booking Details
1. NFS retains the right to charge for any non-attendees at full price. Should there be any increase in numbers than those set out in the written proposal overleaf, then NFS reserves the right to revise the price accordingly and such will amount to an agreed variation of this Agreement and be binding on the parties.
2. Price & Payment
2.1 All prices quoted by NFS may be amended with notice given to the Client in the event of errors or omissions in any proposal or where an increase is caused by a change in the circumstances beyond the reasonable control of NFS. All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such price plus VAT at the prevailing rate.
2.2 Any query arising from an invoice must be notified to NFS in writing by the Client within 10 working days of the invoice date. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all interested parties of the payment terms, as set out by NFS.
2.4 Deposit – A deposit of 30% of the total fee payable (including VAT), as quoted and agreed in the written proposal (attached), of any event or programme shall be payable on confirmation of the order. The remaining 70% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable 10 working days prior to the event date.
2.6 Additional Expenses – any additional expenses or fees, not quoted in the agreed proposal, but subsequently incurred by NFS, will be invoiced separately after the event. Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Clause 2.9. NFS will make every effort to inform and agree any additional expenses or fees with the client prior to being incurred.
2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.
2.9 Methods of Payment:
Cheque payable to Noble Field Sports Ltd
Bank: Lloyds tsb
Branch: Tunbridge Wells
Sort Code: 30-98-77
Account No: 43287568
The Client must inform NFS in writing (preferably by e-mail) of any bank transfers.
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third party charges incurred by NFS on behalf of the client.
CANCELLATION CLAUSE %
100 to 50 working days prior to the event 20%
49 to 25 working days prior to the event 50%
24 to 10 working days prior to the event 80%
10 working days or less prior to the event 100%
3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 NFS reserves the right to cancel the client’s booking if there has been a significant change in the client’s original contract. Written notification will be sent to the client.
3.5 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause. However, provided the revised event date is agreed and takes place within 130 working days of the original event date, payments received by NFS from the client may, at NFS’s discretion, form a credit towards the future event. The client shall, in that eventuality, be liable for any and all costs or expenses incurred by NFS as a direct result of the postponement.
The activities that Clients will undertake are inherently dangerous although all guests are fully supervised throughout. As such neither NFS or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the proven negligence of NFS. NFS’s liability shall in all cases (individual personal injury excepted) be limited to the sums paid by the client and shall exclude indirect or consequential loss of whatsoever nature. Individuals are required to sign a liability waiver on the day of the event
5. Force Majeure
NFS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, and NFS shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
7. Dispute Resolution
In the event of any dispute under the terms of this Agreement which does not prove capable of amicable resolution by the parties hereto, the parties agree that, save where there are substantial allegations of fraud, they will submit to Independent Mediation of their dispute through an independent mediator provided through either CEDR or the Academy of Experts and that the costs of mediation shall be shared equally between them. For the avoidance of doubt, in the event that (fraud excepted) proceedings are commenced by one party to this agreement against the other without there first having been a referral to Independent Mediation, then such proceedings will be stayed pending such referral and the Claimant in such proceedings shall not, in those circumstances, be entitled to any costs up to the date that such proceedings are stayed.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
9. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.