2013/14 Hospitality Terms and Conditions

TERMS & CONDITIONS OF SALE VIA AGENCY - FULHAM FOOTBALL CLUB (1987) LTD

1   DEFINITIONS

In these General and Special Terms and Conditions (as applicable) (the "Conditions") the following words shall have the following meanings:

"Booking Confirmation" means the booking confirmation form issued by Fulham, returned and signed by you.

"Equipment" means any equipment provided by Fulham in the course of the Services as set out in the Booking Confirmation.

"Event/Hire/Service Date(s)" means the date(s) on which the Services are to be provided as set out in the Booking Confirmation.

"Fee" means the amount to be paid by you as set out in the Booking Confirmation in respect of the Services.

"Fulham" means Fulham Football Club (1987) Limited whose registered office is at Motspur Park, New Malden, Surrey KT3 6PT.

"Guest(s)" means the limited number of person(s) that you are authorised to invite to attend the Licensed Area in the course of the provision of the Services.

"Licensed Area" means any area(s) in the Stadium or at the Training Ground (as applicable) licensed to you for use in the course of the Services on the Event/Hire Dates as set out in the Booking Confirmation.

"Services" means the agreed services to be provided in accordance with these Conditions by or on behalf of Fulham as set out in the Booking Confirmation.

"Stadium" means the pitch, grounds, stadium and related facilities (including, without limitation, the Licensed Area) and any part thereof at Craven Cottage, Stevenage Road, Fulham, London SW6 6HH.

“Training Ground” means the pitches, grounds and related facilities (including, without limitation, the Licensed Area) and any part thereof at Motspur Park, New Malden, Surrey, KT3 6PT.

"you" / "your" means the person, firm, organisation or company as stated in the Booking Confirmation.


2      APPLICATION OF THE CONDITIONS

These Conditions alone shall govern the provision of the Services to you by or on behalf of Fulham.  No other terms or conditions whether contained or referred to in any documentation, correspondence, purchase order or elsewhere sent by you or otherwise implied by trade, custom or course of dealing shall apply unless specifically agreed in writing by Fulham.


3      PAYMENT

3.1 Unless otherwise agreed in writing, you shall pay (without retention or set-off) the full Fee and any additional amounts required in accordance with the Booking Confirmation within 14 days of date of invoice and/or the applicable special conditions (set out below) that apply to the particular Services, together with any VAT due thereon. If the Event/Hire/Service date is within 14 days of the booking, you shall pay (without retention or set-off) the full Fee and any additional amounts required in accordance with the Booking Confirmation, together with any VAT due thereon, at the time of the booking. No payment shall be deemed received until Fulham has received cleared funds.  Time for payment shall be of the essence.

3.2 If we do not receive a signed Booking Confirmation and payment in full of the Fee at least 14 days before the Event/Hire/Service Date we reserve the right to cancel the Services ordered by you.

3.3 Fulham reserves the right to resell the Services (or any part thereof) in the event of any default in payment, postponement or cancellation.

3.4 Where any sums are outstanding, Fulham reserves the right to refuse to supply the Services and/or to cancel or suspend all existing arrangements without prejudice to any of its other rights, whether or not contained in these Conditions. In addition, Fulham shall be entitled to claim interest and compensation for debt recovery costs under all applicable United Kingdom late payment legislation; and any charges and legal and other costs that we incur in pursuing or enforcing any legal or debt recovery action, if we are not paid according to agreed credit terms.


4      CANCELLATIONS AND REARRANGEMENT OF SERVICES

4.1 Event/Hire Dates (including, without limitation, football match fixture dates) may be subject to change from time to time for reasons beyond Fulham's control (including, without limitation, television scheduling, cup competitions and postponement due to adverse weather conditions).  In the event that there is a change to the Event/Hire Date(s) or the nature of the Services, Fulham shall notify you of such change, postponement or cancellation as soon as reasonably practicable by telephone.  If you are unable to continue with the booking on any rescheduled date offered to you by Fulham (if such rescheduling is possible), you must advise Fulham immediately and in such circumstances, any Fee received from you in respect of the cancelled part of the Services will be refunded.

4.2 Any tickets purchased with the intention of resale are non refundable unless complying with the below points.

(a) Returned less than 14 days prior to the Event/Hire/Service Date(s), Fulham shall be entitled to the full Fee;

(b) Returned between 14 and 21 days prior to the Event/Hire/Service Date(s), Fulham shall be entitled to 50% of the Fee; or

(c) Returned more than 21 days prior to the Event/Hire/Service Date(s), Fulham shall be entitled to 25% of the Fee.


5      GUESTS

5.1 You shall be responsible and liable for the conduct of all Guests and shall ensure that all Guests conduct themselves in an orderly fashion, refrain from anti-social behaviour and abide by these Conditions and all applicable dress-codes and ground regulations. Failure to do so may result in Fulham cancelling the Services at any time without liability or refund to you.


6      WARRANTIES

6.1 You warrant and undertake that you and any Guests shall:

(a) only use the Licensed Area for the purposes of the Services during the Event/Hire Date(s);

(b) not use the Licensed Area for any purpose which Fulham may consider (in its sole discretion) illegal, immoral or dangerous;

(c) not cause any nuisance or annoyance to any other person whatsoever, nor cause any obstruction to the access or egress at the Stadium, Training Ground (as applicable) and/or the Licensed Area;

(d) not damage the Licensed Area, Stadium and/or Training Ground (as applicable), nor litter or leave waste, but keep it in a clean and tidy condition, at all times to Fulham's satisfaction;

(e) not bring into the Licensed Area, Stadium and/or Training Ground (as applicable) any dangerous or illegal substances;

(f) not install or tamper with any fixtures or fittings in the Licensed Area, Stadium and/or Training Ground (as applicable);

(g) ensure that the Equipment is at all times used in a skilful and proper manner and in accordance with any instructions given to you by Fulham;

(h) not alter or damage nor attempt to repair or otherwise tamper with the Equipment or request that a third party do so without Fulham's prior written consent;

(i) at all times comply with the instructions of Fulham and/or its officers, employees or agents;

(j) at all times comply with any dress-codes, ticketing conditions and ground regulations; and

(k) not remove the Equipment from the Licensed Area.


7      EQUIPMENT

7.1 Unless otherwise agreed in writing by Fulham, you shall only be permitted to use Fulham's Equipment during the course of the Services where equipment of that nature is required.

7.2 Unless otherwise agreed in writing by Fulham, the Fee shall include the cost of hiring and using the Equipment on the Event/Hire Dates specified on the Booking Confirmation.

7.3 The Equipment is and shall remain at all times the property of Fulham or its relevant third party supplier and you shall have no right, title or interest to the Equipment.

7.4 It is your responsibility to ensure that the Equipment requested is suitable and adequate in all aspects for the purpose for which it is hired.


8      LIABILITY

8.1 Nothing in these Conditions shall limit either party's liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.

8.2 To the fullest extent permissible in law, neither Fulham nor any of its officers, employees or agents shall be liable or responsible for (whether in tort, contract or otherwise):

(a) any loss, damage or injury to you and/or any Guest or to any property belonging to you or any Guest in or upon the Stadium, Training Ground and/or the Licensed Area, resulting from any cause whatsoever; and/or

(b) for any loss of profit, loss of use, loss of opportunity or any indirect, economic or consequential losses whatsoever; and/or

(c) any cancellation, postponement or rearrangement of the Services in accordance with clause 4.1 by Fulham (save to make any refund in accordance therewith).

8.3   You shall indemnify and hold Fulham and its officers, employees and agents harmless in respect of:

(a) any breach by you and/or your Guests of any of your warranties, undertakings and/or obligations under these Conditions; and/or

(b) any damage caused by you and/or your Guest(s) to the Licensed Area, Stadium, Training Ground and/or the Equipment.


9      TERMINATION

9.1   This Agreement may be terminated immediately upon written notice by Fulham without liability if:

(a) there is any default in payment of the Fee in accordance with these Conditions;

(b) you fail to observe or perform any of your warranties, undertakings and/or obligations under these Conditions;

(c) you are unable to pay your debts as and when they fall due, an order is made or resolution passed for you to be declared bankrupt or be wound up (as appropriate), or if an administrator, receiver or manager or administrative receiver shall be appointed over the whole or any part of your undertakings or assets.


10    FORCE MAJEURE

   Fulham shall not be deemed to be in breach of these Conditions or otherwise liable to you as a result of any
delay or failure in the performance of its obligations under these Conditions if and to the extent that such a
delay or failure is caused by Force Majeure.  


  "Force Majeure" means any circumstances outside the reasonable control of Fulham including, without limitation, acts or threatened acts of terrorism, strikes, lockouts, industrial disputes or other restraints or stoppages of labour, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order rule or direction, rules or instructions of any regulatory body (including (without limitation) The Football League, UEFA and/or The FA Premier League), inability to obtain supplies, inclement weather, accident, breakdown of Equipment, plant or machinery, fire, flood or storm.


11    MISCELLANEOUS

11.1 No food or alcohol may be brought into the Stadium and/or Training Ground (as applicable).  Save in the case of corporate hospitality packages, if food or alcohol is required, arrangements should be made with Fulham.  Alcohol may not be consumed on or in the vicinity of the pitch and otherwise may only be consumed in areas designated by Fulham.

11.2 Food orders must be placed at least 7 days prior to the Event/Hire Date(s), with full payment for the food to be made when placing the order.  Food orders can be cancelled or reduced up to 7 days before the Event/Hire Date(s), with a full refund.  Any amendments made after that time will not be refunded.

11.3 Smoking is only permitted in designated areas.  Fulham and/or its officers, employees or agents shall be entitled to eject any persons reasonably believed to be smoking in non-designated areas at the Stadium and/or Training Ground (as applicable).

11.4 If match tickets are issued, it is your responsibility to safeguard these.  Any tickets lost, destroyed or stolen will not be reissued nor refunds given by Fulham.  You shall and shall ensure that all Guests shall comply with these Conditions including all applicable ticketing conditions, dress-codes and ground regulations at all times.

11.5 Nothing in these Conditions or the Booking Confirmation shall be intended to or deemed to operate as a tenancy or lease in respect of the Licensed Area or otherwise and neither you nor your Guests shall be entitled to any estate, right, title or interest in any part of or all of the Stadium and/or Training Ground (as applicable).

11.6 Fulham reserves the right, in its sole discretion, to refuse admission to you, any Guests and/or any other individual(s) to the Stadium and/or Training Ground (as applicable) and/or to evict you, any Guests and/or any other individual(s) from such venues.

11.7 Fulham reserves the right to amend these Conditions at its discretion.

11.8 Any personal information, including (without limitation), your name, address (including postcode) and/or email address will be held by Fulham in accordance with Fulham's privacy policy, which is available on the Fulham's website at www.fulhamfc.com.

11.9 No waiver by Fulham of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.10 If any provision of these 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 Conditions and the remainder of the provisions in question shall not be affected thereby.

11.11 This Agreement is personal to you.  You shall not co-license, sub-license, sell, assign, pledge or otherwise transfer your rights under this Agreement, without the prior written consent of Fulham.

11.12 To the fullest extent permissible in law, neither these Conditions nor the Booking Confirmation are intended to nor shall they create any rights, entitlements, claims or benefits enforceable by any third person (including, without limitation, Guests).  Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Conditions or the Services by virtue of the Contracts (Rights of Third Parties) Act 1999.

11.13 These Conditions shall be governed and construed in accordance with the Laws of England and Wales.  The English Courts shall have exclusive jurisdiction in the event of any dispute other than in relation to the enforcement of judgements, where such jurisdiction shall be non-exclusive.


12    PERSONAL DATA

12.1 You acknowledge that in completing the Booking Confirmation you may provide Fulham with certain personal details about yourself ("Personal Data").  All Personal Data collected by Fulham using the Booking Confirmation or otherwise in connection with booking Services will only be held and used with care and in accordance with Fulham's privacy policy (available at www.fulhamfc.com) and the Data Protection Act 1998.

12.2 Fulham will use Personal Data for the purpose of providing the Services and to send you information about Fulham, its sponsors, partners and affiliates.  In using the Services you consent to such use of your Personal Data unless you expressly opt-out as set out in the Booking Confirmation.