Location Promotion Terms & Conditions
Please read the following information carefully, as it forms the basis of our contract with you. If you have any queries regarding the Conditions please contact us before agreeing to the them. We will be happy to explain and answer any queries you may have.
1. Definitions
In these Conditions the following words have the following meanings:
“Customer" is the person hiring a Site from The Land Owner.
“Period of Hire" means the time where access is permitted to the Site for the arrival of equipment and utilities for the staging of an Event until the time when all the utilities and equipment are removed from the Site which is usually a period of 7 days.
"Contract" means any Land Owner Agreement and these Conditions made between Land for Events and the Land Owner and Customer for the hire of the Site.
“Event” means an event organized by the Customer and held at the Site.
“Land for Events” is the trading name for Stuart Hatch of Crispins Mead, Hannington, Hampshire, RG26 5TZ
“Land Owner Promotion Agreement” means the agreement made between Land for Events and the Land Owner setting out the specific details of any agreed promotion of the Site.
“Site” means the land, fields, woodland or other area being hired by the Customer for the Event.
“Land Owner” means the legal owner of the Site.
“Price” means the price, as set out in clause 6, paid to Land for Events by the Land Owner for the promotion of a Site
“Website” means Land for Event‟s website at www.landforevents.co.uk
- Headings in these conditions shall not affect their interpretation.
- A person includes a natural person, corporate or unincorporated body (whether or not having parate legal personality).
- Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Application of Conditions
2.1 These Conditions shall apply to and be incorporated into the Contract and prevail over any inconsistent terms or conditions contained or referred to in any confirmation of order, acceptance of a quotation, specification or other document supplied by the Land Owner, or implied by law, trade custom, practice or course of dealing.
2.2 These Conditions shall apply from when the Land Owner confirms in writing (including email) that Land for Events may place the Site on the Website. By the Land Owner agreeing to the Location Promotion Agreement constitutes an offer by the Land Owner to hire out the Site on these Conditions.
3. Land for Events’ Obligations
3.1 Land for Events agrees with the Land Owner that it will promote the Site on the Website, subject to the matters contained or referred to in Schedule 1 of these Conditions.. Customers who may wish to hire the Site for an Event will contact the Land Owner direct regarding all matters to do with the hiring of the Site for an Event.
3.2 Land for Events makes no representation that any Customers will be found for the Site or that the Event that any prospective Customers wish to organise will be suitable for the Site. The Land Owner has full discretion to select Customers and Events based on what is acceptable for the Site and the Land Owner.
3.3 If Land for Events receive two or more complaints from Customers about the Site itself or of poor service by the Land Owner we have the right to cancel the Contract without offering any refund of the Price paid.
4. Land Owner’s Obligations
4.1 The Land Owner will Provide for each Site the following information: (a) the name;
(b) the location;
(c) a detailed description of the Site;
(d) photos of the Site
the Land Owner may also provide a video of the Site no longer than 30 seconds in length.
4.2 The Land Owner will ensure that any Site:-
(a) is free of animals at least 2 weeks before the first day of the Period for Hire;
(b) is clear of any property belonging to the Land Owner or any third party that could be stolen or damaged before the first day of the Period of Hire;
(c) is clear of anything that could reasonably prove to be a hazard to any person before the first day of the Period of Hire;
(d) is clear of anything that could cause harm to individuals attending the Event and where there is anything immovable that may cause harm, the risk is clearly marked and the Customer is notified of the risk;
(e) has any grass cut to a length that is suitable for the Event taking place, or where the ground at the Site is very uneven has been rolled at least 10 days before the first day of the Period of Hire; and
(f) has good access for cars and larger vehicles and that this access remains clear at all times during the Period of Hire.
(g) has not held an Event or any other event within 7 days of an Event.
4.3 The Landowner must:-
(i) Co-operate with Land for Events in all matters relating to the provision of the Site.
(ii) Provide Land for Events, in a timely manner, such information as Land for Events may require about the Site, reasonable access to the Site and ensure that all information
about the Site is accurate in all material respects and will immediately inform Land for Events of any changes to the Site.
(iii) Ensure that Land for Events are immediately informed if the Land Owner no longer wishes to use the Site out for Events or does not want Land For Events to promote the Site on its behalf.
(iv) Ensure that Customers are fully aware of any utilities that run through the Site.
(v) Fulfil all obligations on it under or in connection with the Contract.
(vi) Maintain all relevant insurance required to hire out the Site including (without limitation) public liability insurance.
(vii) Take no action in relation to the site or an Event that could reasonably be expected to damage the reputation and goodwill of Land for Events.
4.4 In the event that the Land Owner wishes to sell the Site, he must immediately inform Land for Events and Land for Events will cease promoting the Site. If any sale is likely to take place before a booked Event then the Land Owner must use their reasonable endeavors to arrange for the Buyer of the Site to permit the Event to take place on the same terms as those agreed with the Land Owner.
4.5 If the Land for Events‟ performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, or employees, Land for Events shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
4.6 The Land Owner shall be liable to pay to Land for Events, on demand, all reasonable costs (including legal or otherwise), charges or losses sustained or incurred by Land for Events (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Land Owner‟s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to the Land for Events confirming such costs, charges and losses to the Land Owner in writing.
5. Licenses
5.1 The Land Owner grants Land for Events an exclusive, royalty-free license to use any description, photographs, videos and other items supplied by the Land Owner for use on the Website or for any other purpose relating to or arising out of the promotion of the Site for the duration of the Contract.
5.2 The Land Owner warrants that it is the legal and beneficial owner of the information referred to in clause 5.1 or has all permissions, consents and licenses allowing it to use the information in the way envisaged under the Contract. The Land Owner indemnifies and holds Land for Events harmless against any costs, losses, expenses or other amounts that Land for Events incurs as a result of any breach of this warranty by the Land Owner.
5.3 Under the Contract, Land for Events may supply the Land Owner with legal documents, guidance advertising material and other information („Documents‟). Land for Events remains the legal and beneficial owner of the Documents and all intellectual property and other rights in them at all times. No rights in the Documents shall pass to the Land Owner. Land for Events grants to the Land Owner a non-exclusive, royalty-free license to use the Documents (subject to any additional charges by Land for Events for the supply of the Documents) for the term of the Contract. On termination of the Contract the Land Owner warrants that it shall return all hard-copy Documents to Land for Events at its own cost, will irretrievably destroy any electronic copies of the Documents and will make no further use of any of the Documents.
6. Price & Payment
6.1 Land for Events will promote the Site for the Land Owner‟s benefit on the Website at the following prices:
(a) £95 for a 6 month period;
(b) £165 for a 12 month period.
Payment of the Price must be made in full and in advance of the Site being promoted on the Website. This will take a maximum of 31 days and the Land Owner will be notified once the site has been placed on the Website. The promotion period starts the day the Site is placed on the Website.
7. Cancellation
7.1 In the event that the Land Owner wishes to cancel the promotion of their Site he must notify Land for Events in writing. Land for Events will require 14 days notice and the promotion fee will continue for that 14 days. The Site will be removed from the website within 14 days of receiving the cancellation letter. The remaining promotion fee (if any remains) will be refunded within 28 days of receiving the cancellation letter.
8. Limitation of liability
8.1 This condition sets out the entire financial liability of Land for Events (including any liability for the acts or omissions of its employees, agents, and Customers) to the Land Owner in respect of:
(a) any breach of the Contract;
(b) any use made by the Customer of the Site; and
(c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
8.2 Land for Events shall not be liable for: (a) loss of profits; or
(b) loss of business; or
(c) depletion of goodwill and/or similar losses; or (d) loss of anticipated savings; or
(e) loss of enjoyment; or
(f) damage to the Site of the Land Owner.
8.3 Land for Events' total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Price paid by the Land Owner.
8.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9. Force Majeure
9.1 Land for Events shall have no liability to the Land Owner under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Land for Events or any other party), failure of a utility service or transport network, pandemic, act of God, war, riot, civil commotion, malicious, damage, compliance with any law or governmental order, rule, regulation or direction, terrorism, accident, breakdown of plant or machinery, fire, flood, storm or other natural disaster.
10. General
10.1 The Land Owner confirms that by entering into the Land Owner Promotion Agreement that it he is the Legal Owner of the Site and that he is permitted to allow third parties to hire the Site and that the observance and performance of his obligations under the Contract does not and will not contravene any other agreement that he is a party to relating to the Site.
10.2 No variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
10.3 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
10.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10.5 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
10.6 A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.7 The person promoting the Site must be the legal owner or have written permission from the owner to use the Site for Events.
11. Governing law and jurisdiction
11.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
11.2 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.
Schedule 1
1. When making use of the Website the Land Owner is bound by the Website Terms of Use (Website Terms). By agreeing to these Conditions the Land Owner confirms that he has read, understood and accepted the Website Terms.
2. The Land Owner and Customer will be able to link to other websites through the Website which are not under the control of Land for Events. Land for Events have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
3. Land for Events reserve the right to close the Website down for routine maintenance. If the Website should remain inaccessible for more than 10 working days due to Land for Events actions then the promotional sites will be refunded their advertising fees on a daily pro rata basis for each day after the initial 10 day period that the Website is inaccessible.
4. Every effort is made to keep the Website up and running smoothly. However, Land for Events takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.