Event Terms and Conditions for Clients

a1.1 These Terms and Conditions apply to and form part of the Contract between Barking Mad Promotions and the Client. They supersede any previously issued terms and conditions of purchase.

1.2 No terms or conditions endorsed on, delivered with, or contained in the Client’s purchase conditions or other document shall form part of the Contract except to the extent that Barking Mad Promotions agrees in writing.

1.3 No variation of these Terms and Conditions or to a Booking or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of Barking Mad Promotions.

1.4 Barking Mad Promotions may accept or reject a Booking at its discretion. Confirmation and acceptance or rejection of the Booking will be sent to the Client by email.

1.5 A Booking shall not be accepted, and no binding obligation to supply any Event pursuant to a Booking shall arise, until Barking Mad Promotions’ written acceptance of the Booking has been communicated to the Client in accordance with 1.4.

1.6 Marketing and other promotional material relating to any Bookings are illustrative only and do not form part of the Contract unless expressly incorporated.

2.1 The price for the Booking shall be as set out in the Booking or, in default of such provision, shall be calculated in accordance with Barking Mad Promotions‘ scale of charges as advised by Barking Mad Promotions to the Client before the date the Booking is made (Price).

2.2 The Prices are exclusive of VAT (or equivalent sales tax). The Client shall pay any applicable VAT to Barking Mad Promotions on receipt of a valid VAT invoice.

2.3 Barking Mad Promotions may increase the Prices at any time by giving the Client notice in writing.

2.4 The Price shall include all and any costs and expenses including set up costs, travel (including international travel), accommodation costs and those costs specified or estimated in a Booking.

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3.1 Barking Mad Promotions agrees to use its reasonable endeavours to deliver the Event in conformity with the Booking and these terms and conditions.

3.2 Barking Mad Promotions will also comply with any additional customer requirements which is set out in the Schedule, if any.

4.1 Barking Mad Promotions will agree to put on Events outside the United Kingdom by special agreement. Where Events are held outside the United Kingdom the Client is responsible for the costs associated with bringing personnel and equipment into the Client’s country. Barking Mad Promotions will itemise those costs which will be added to the Price.

4.2 Barking Mad Promotions will use reasonable endeavours to comply with visa and customs requirements but shall not be held liable for any delay or cancellation of any Event caused by visa or customs difficulties beyond Barking Mad Promotions’ reasonable control.

4.3 The Client shall be liable for:

4.3.1 Equipment and materials transportation costs;

4.3.2 travel costs of staff and Artists including plane flights, transfer costs and taxi fares;

4.3.3 accommodation costs; and

4.3.4 food and drink.

5.1 Barking Mad Promotions will use reasonable endeavours to ensure the availability of any Artist identified on the Booking.

5.2 Barking Mad Promotions will not be liable to the Client for any delay to or the failure in whole or part of an Event due to the non-availability of the Artist where the non-availability is beyond the reasonable control of Barking Mad Promotions.

6.1 For Bookings made within 10 Business Days of the Event, full payment must be made at the time of the Booking.

6.2 Apart from Bookings made under the terms of clause 6.1, Barking Mad Promotions shall invoice the Client upon acceptance by Barking Mad Promotions of the Booking for any deposit equal to 50% of the Price.

6.3 The Client shall pay all invoices in full without deduction or set-off, in cleared funds within 7 days of the date of each invoice or within 10 Business Days of the date of the Event, whichever is the earlier.

6.4 Barking Mad Promotions may cancel without notice any Bookings not paid for in full before the start of the Event to which it relates.

6.5 The Deposit is non-refundable. Barking Mad Promotions may in its sole discretion refund some or all of the Deposit if the Client seeks to cancel the Booking after it has been accepted by Barking Mad Promotions.

6.6 The Client accepts that in putting on Events for Clients Barking Mad Promotions will have to expend money on materials and services, in paying deposits to artists and in creating branded or bespoke items (each of them being a “Non-refundable Item”) and that expenditure on such items cannot be refunded in any circumstances including in the event of cancellation by the Client or by Barking Mad Promotions or in the event of Force Majeure.

6.7 Where sums due under these Terms and Conditions are not paid in full by the due date Barking Mad Promotions may, without limiting its other rights, charge interest on such sums (including any period after the date of any judgment or decree against the Client), and late payment fees will fall due and be payable calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

7.1 The Booking shall specify where the Event will take place.

7.2 The Client shall (and shall procure that each Attendee shall) comply with any rules, policies and procedures of the venue of the Event at all times, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Barking Mad Promotions’ representatives at the Event. Barking Mad Promotions reserves the right in its absolute discretion to exclude or remove any Attendee from the Event whose presence is or is likely to cause a disturbance, or who is drunk or may in Barking Mad Promotions’ sole discretion be undesirable.

8.1 In the event that the Client wishes to cancel the whole or part of a Booking the terms of clause 8.2 shall apply.

8.2 In relation to any Booking cancelled or part cancelled under clause 8.1, the Client shall pay:

| Where written notice of cancellation is received by Barking Mad Promotions 30 days or more before the date of the Event. | An administration fee of 25% of the Price plus any payments made to Barking Mad Promotions to cover Non-refundable Items. | | Where written notice of cancellation is received by Barking Mad Promotions less than 30 days before the date of the Event. | 100% of the Price. |

8.3 Where the Client has paid a deposit the amount due from the Client under clause 8.2 shall be taken from the Deposit and the Client shall be liable to pay the difference between the Deposit and the amount required under clause 8.2. Barking Mad Promotions shall have sole discretion in identifying and quantifying Non-refundable Items.

9.1 In the event that the Event is prevented or altered due to Force Majeure Barking Mad Promotions shall be entitled but not obliged (in its sole discretion) to either:

9.1.1 provide alternative facilities or venue for the Event; and/or

9.1.2 reschedule the Event; and

the Client shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation.

9.2 In the event that the Event is prevented or altered due to Force Majeure and Barking Mad Promotions at its sole discretion does not offer the alternatives in clause 9.1, the Client shall be obliged to pay an amount as an administration charge equivalent to 25% per cent of the Price plus the actual cost incurred by Barking Mad Promotions on any Non-refundable Item.

9.3 Barking Mad Promotions shall not be liable for any delay in or failure of performance caused by Force Majeure. Barking Mad Promotions shall have the sole discretion in identifying and quantifying Non-refundable Items.

9.4 The Coronavirus (COVID-19) pandemic, client contracts, cancellation and refunds Only

Clients will be offered a refund less 25% of the total costs where:

1. Barking Mad Promotions has cancelled a contract without providing any of the promised goods or services;
2. No service is provided by Barking Mad Promotions, for example, because this is prevented by Government public health measures;
3. The client cancels or is prevented from receiving any services because Government public health measures mean they are not allowed to use the services.

Limited exceptions to refunds

Sometimes, a client will already have received some of the services or is contracted for a bespoke build/service they would had paid for in advance. In those cases, a refund would not apply.

Credits and re-booking

Clients can normally be offered credits, vouchers, re-booking or re-scheduling as an alternative to a refund.

10.1 All IPR in the Creative Brief and in the Event belongs to and shall remain vested in Barking Mad Promotions or the relevant third-party owner. Where third-party IPR is part of the Creative Brief and the Event, Barking Mad Promotions will ensure that it has the right to use and licence such third-party content for the benefit of the Client at the Event.

10.2 Save with the express written consent of Barking Mad Promotions the Client may not copy, transfer or otherwise make use of the IPR in the Creative Brief or in the Event and the Client may not make the IPR in the Creative Brief or in the Event available to any third party or make any commercial use of the IPR in the Creative Brief or in the Event beyond the Event itself.

10.3 The Client shall own all Client Created IPR.

10.4 The Client and each Attendee consent to such capture of audio-visual material containing the Client or any Attendee and agree to release the use of image rights to Barking Mad Promotions to publicise the Event.

11.1 For the purposes of this clause 11 the expressions ‘adequate procedures’ and ‘associated with’ shall be construed in accordance with the Bribery Act 2010 and legislation or guidance published under it.

11.2 Each party shall comply with applicable Bribery Laws including ensuring that it has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that:

11.2.1 all of that party’s personnel; and

11.2.2 all others associated with that party;

involved in performing the Contract so comply.

11.3 Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.

11.4 Each party shall immediately notify the other as soon as it becomes aware of a breach or possible breach of any of the requirements in this clause

12.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12.

12.2 Subject to clause 12.6, Barking Mad Promotions’ total liability shall not exceed 150% of the total amount paid pursuant to the Booking.

12.3 Subject to clause 12.6, Barking Mad Promotions shall not be liable for consequential, indirect or special losses.

12.4 Subject to 12.6 Barking Mad Promotions shall not be liable for distress or upset or disappointment or hurt to feelings.

12.5 Subject to clause 12.6, Barking Mad Promotions shall not be liable for any of the following: loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or goodwill.

12.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

12.6.1 death or personal injury caused by negligence;

12.6.2 fraud or fraudulent misrepresentation;

12.6.3 any other losses which cannot be excluded or limited by applicable law;

12.6.4 any losses caused by wilful misconduct.

13.1 Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.

13.2 Subject access requests can be made to the following address: BarkingMadPromo2020@gmail.com

13.3 Barking Mad Promotions’s data protection policy is set out at https://www.barkingmadpromotions.co.uk/privacy-policy/

14.1 Barking Mad Promotions may terminate the Contract or any other contract which it has with the Client at any time by giving notice in writing to the Client if the Client has failed to pay any amount due under the Contract on the due date.

14.2 Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Barking Mad Promotions at any time up to the date of termination.

15.1 Any notice or other communication given by a party under these Terms and Conditions shall be in writing and in English, signed by, or on behalf of, the party giving it and be sent to the relevant party at the address set out in the Contract.

15.2 Notices may be given, and are deemed received:

15.2.1 by hand: on receipt of a signature at the time of delivery; or

15.2.2 by Royal Mail Recorded Signed For post: at 9.00 am on the second Business.

15.3 This clause does not apply to notices given in legal proceedings or arbitration.

16.1 The parties agree that the Contract and any documents entered into pursuant to it constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

16.2 Each party acknowledges that it has not entered into the Contract in reliance on and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

16.3 Nothing in these Terms and Conditions purports to limit or exclude any liability for fraud.

17.1 The Client may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Barking Mad Promotions’ prior written consent, which it may withhold or delay at its absolute discretion.

18.1 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

19.1 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).