PARTICIPANT TERMS AND CONDITIONS
These Participant Terms and Conditions are provided by Cities 4 Cities Limited of [Sterling House, Fulbourne Road, London, E17 4EE] (“C4C”).
These Participant Terms and Conditions incorporate the information submitted by the Participant in the relevant Application Form, which information forms part of these Participant Terms and Conditions.
1. BACKGROUND:
C4C is the owner, organiser and promoter of the Event. The applicant wishes to be selected by C4C to participate in the Event on these terms and conditions (the “Terms and Conditions”). C4C will receive from the Participant donations which the Participant collects from patrons passing through its doors on the Event Date. The total Funds raised will be donated specifically to the Charities by C4C.
2. DEFINITIONS
In these Terms and Conditions the following terms have the following meanings:
‘Donation’
£1.
‘Charities’
Kids Company, Volunteer Police Cadets and Help A London Child
‘Charity Account’
To be sent nearer the event.
‘Event’
‘London for London’ is a charity event aimed at raising funds and awareness to help address the issue of violence amongst young people within the capital of London. Various venues such as bars, clubs and pubs are requested to invite every patron who walks through the door to make a Donation towards London for London or to charge an extra £1 in addition to the Participant’s customary cover charge, as the case may be. All of the monies raised will be distributed by C4C to the Charities.
‘Event Date’
Saturday 3 October 2009.
‘Funds’
Total amount of monies collected by the Participant from its participation in the Event, including contributions agreed to be made by the Participant as part of its Sponsorship Package as designated in the Application Form.
‘Intellectual Property Rights’
Patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
‘Marketing Materials’
Each venue will receive 2 x A2 posters, 1 x A6 participating venue sticker and 1 x A4 page explaining how it will work on the night.
‘Payment Date’
5.30pm on Friday 9 October 2009.
‘Participant’
The participant identified in the Application Form and approved by C4C.
‘Premises’
The venue in which the Participant is to collect Donations as part of the Event.
‘Term’
The period set out in Clause 2.
‘Volunteer’
The person(s) designated by C4C as notified to the Participant to collect Donations at the Premises.
3. TERM
With the exception of the continuing obligations contained in Clauses 6.3, 6.4, 6.5, 24 and 25, these Participant Terms and Conditions shall remain in force for the period commencing on the date of acceptance by C4C of the Participant’s application and ending on the date of payment of the Funds after completion of the Event by the Participant to C4C.
4. THE EVENT
The Event will take place in London on the Event Date. Each Participant shall use its reasonable endeavors to collect a Donation from every patron or customer who enters the Premises on the Event Date.
5. AGENCY
The Participant acknowledges that no joint venture, partnership, employment or agency relationship exits between the Participant and C4C as a result of the Participant’s participation in the Event.
6. FUNDS
6.1. Donation The Participant is responsible for inviting each patron or customer that enters the Premises on the Event Date to make a Donation.
6.2. Collection The Participant agrees to place a door host on the entrance(s) to the Premises to collect the donations. Participants may request that C4C provides a Volunteer to collect Donations and C4C shall use reasonable endeavours to provide one.
6.3. Safe keeping of Funds The Participant is responsible for looking after the Funds in a secure way between collection of Funds and payment of Funds to C4C. The Participant shall safeguard the Funds during such time at least to the level it safeguards its own funds.
6.4. Record of Funds The owner or manager of the Participant shall complete and sign the Funds record form [link] and return it to C4C after the Event Date and by the Payment Date. If a C4C Volunteer is collecting funds at the Venue, the C4C Volunteer shall also sign the Funds record form.
6.5. Method of payment 100% of the Funds shall be paid by the Participant to C4C by no later than the Payment Date either by way of BACCS to the Charity Account or by cheque made payable to Cities 4 Cities Limited.
7. ACCESS TO PREMISES
The Participant shall allow access to C4C Volunteers free of charge on the Event Date. All C4C Volunteers shall be wearing a branded t-shirt and carrying a collection box.
8. OTHER EVENTS
The Participant agrees not to participate in any other charity event on the Premises on the Event Date.
8. MARKETING
8.1. C4C shall provide the Participant with the Marketing Materials needed for the event.
8.2. If the Participant has requested a C4C volunteer then they will also bring with them a collection box for the event. If the Participant is providing their own volunteer then C4C shall provide the Participant with one collection box seven (7) days before the Event.
9. LICENCES
The Participant will hold on the Event Date all of the necessary and appropriate licences required to operate the Participant’s venue including, without limitation, all public entertainment, fire safety and liquor licences (valid on the Event Date).
10. SECURITY
The Participant shall be solely responsible for providing proper security at all times necessary to ensure the safety of patrons and/or customers of the Participant, as well as all Volunteers present at the Premises for the Event, from the time of arrival until the time of departure on the Event Date. C4C shall not bear any responsibility for safety or security in the Premises and is not liable for any claim arising out of a breach of security or safety at the Event by the Participant vicariously or otherwise, howsoever arising, other than by the negligence of C4C representatives or Volunteers.
11. COMPLAINTS
The Participant is responsible for having its own rules and regulations in relation to its customers and C4C shall have no responsibility for any incidents which occur at or any complaints made to the Participant before during or after the Event. C4C shall not be liable in the event that anybody suffers any injury, loss or damage as a result of attending the Event.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Trade marks
12.1.1. The CITIES FOR CITIES and LONDON FOR LONDON word and logo trade marks belong to C4C.
12.1.2. All brand names, titles and logos used in relation to the Event and all related service and product names, design marks and slogans are the trade names, service marks or trade marks of C4C or its licensors and may not be used without the prior permission of their respective owners.
12.1.3. The Participant shall allow C4C to place the Participant’s name and trade mark in the relevant section of the C4C websites and Materials.
12.2. Copyright
Copyright in the Materials is owned by C4C or its suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior consent of C4C, or where applicable, the respective copyright owner(s), is prohibited.
12.3. General
12.3.1. If C4C informs the Participant that the Participant must cease use of C4C or its licensors’ Intellectual Property Rights, the Participant must cease such use immediately.
12.3.2. The Participant may where applicable provide a link to the C4C website on its website.
12.3.3. The Participant shall allow C4C to provide a link to the Participant’s website on C4C’s websites.
12.3.4. Nothing in these Participant Terms and Conditions amounts to an assignment, licence or waiver of C4C’s Intellectual Property Rights.
12.3.5. The Participant shall do nothing to bring the Event into disrepute.
13. REVISION OF TERMS
C4C reserves the right to change these Participant Terms and Conditions at any time on notice to the Participant.
14. CHANGES TO THE EVENT
C4C reserves the right to change the date, itinerary or details of the Event at any time and shall give reasonable notice of such change(s).
15. CANCELLATION
Should C4C cancel the Event for any reason C4C shall not be liable for any costs or expenses of the Participant and no monies shall be payable by C4C to the Participant.
16. TERMINATION
16.1. Termination on breach by Participant
16.1.1. General In the event that the Participant breaches any part of these Participant Terms and Conditions C4C reserves the right to immediately and without notice suspend or permanently disqualify the Participant from participating in the Event.
16.1.2. Breach for unauthorised use of logo
In the event that the Participant breaches clause 15 of the Participant Terms and Conditions and uses any of C4C’s Intellectual Property Rights in a manner which is not authorised, C4C reserves the right to immediately and without notice suspend or permanently disqualify the Participant from participating in the Event.
16.2. Effect of termination:
On termination of these Participant Terms and Conditions for any reason:
(a) all rights and obligations of the parties (other than any accrued rights of action and liabilities or obligations which expressly or by implication are to come into or continue in force on or after termination) will automatically cease and terminate; and
(b) the Participant will immediately cease to be permitted to participate in the Event.
17. SEVERABILITY
If any of the provisions in these Participant Terms and Conditions are found at any time to be invalid, unlawful or unenforceable for any reason either party may require a reasonable amendment to these Participant Terms and Conditions to ensure that these Participant Terms and Conditions comply with, and are enforceable under, such provisions. If these Participant Terms and Condition are not capable of such amendment, the offending provision will be deemed to be deleted from these Participant Terms and Conditions and the remaining provisions will continue in full force and effect.
18. ENTIRE AGREEMENT
These Participant Terms and Conditions (including the information submitted on the Application Form as approved by C4C) represent the entire agreement between the parties in respect of its subject matter and supersede all earlier agreements (written or oral) in respect of the same.
19. NO ASSIGNMENT
No party shall be entitled to assign their rights or obligations under these Participant Terms and Conditions without the prior written consent of the other party.
20. NO WAIVER
Failure or neglect by either party to enforce at any time any of the provisions of these Participant Terms and Conditions shall not be construed nor shall be deemed to be a waiver of that party’s rights under these Participant Terms and Conditions and shall not in any way affect the validity of the whole or any part of these Participant Terms and Conditions and will not prejudice that party’s rights to take subsequent action.
21. THIRD PARTY RIGHTS
A person who is not a party to these Participant Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of these Participant Terms and Conditions.
22. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage, costs, expenses or other claims for compensation arising as a direct or indirect result of breach or non-performance of its obligations under these Participant Terms and Conditions due to any cause beyond either party’s reasonable control including without limitation to any act of God war military operations riot accident failure or shortage of power supplies abnormally inclement weather fire flood hurricane drought explosion lightning strike lock out trade dispute or labour disturbance the act or other competent authority.
23. NOTICES
Any notice to be served under these Participant Terms and Conditions shall be in writing and served upon the recipient at its specified address either by hand or by first class post or facsimile and shall be deemed served forty-eight hours after posting if sent by post on delivery if delivered by hand and on completion if sent by facsimile.
24. CONFIDENTIALITY
It is mutually agreed that the content of these Participant Terms and Conditions will not be disclosed to any third party other than to either party’s professional advisers or as may be required by law or as may be agreed between the parties.
25. JURISDICTION AND GOVERNING LAW
These Participant Terms and Conditions are governed by English law and are subject to the non-exclusive jurisdiction of the English courts