STANDARD TERMS AND CONDITIONS OF BUSINESS
The following terms and conditions comprise the standard terms of business of Catwalk Events Limited. On Confirmation of your Booking and by engaging Catwalk Events these terms and conditions shall be deemed to have been accepted by the Client.
- DEFINITIONS AND INTERPRETATION
1.1. In this Contract the following definitions have the following meanings:
“Booking” means a written or verbal order placed by the Client in response to the Initial proposal;
“Client” means the person, firm or company for whom the Proposal is prepared and the Services provided;
“Contract” means the agreement made between the Client and Catwalk Events Ltd as set out in these terms and conditions;
“Event” means the occasion, entertainment or entertainer to be organised by Catwalk Events Ltd as set out in the Proposal;
“Initial Proposal” means the first proposal issued to the Client by Catwalk Events Ltd giving indicative costs of the Event and the likely services to be provided;
“Guests” means the invitees or customers of the Client who take part in or watch the Event;
“Intellectual Property Rights” means all patents, rights to inventions utility models copyright and related rights trademarks service marks trade business and domain names rights in trade dress or get-up rights in goodwill or to sue for passing off unfair competition rights, rights in designs rights in computer software database rights topography rights moral 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 for and renewals of or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world;
“Catwalk” means Catwalk Events Limited (company number 2925261) whose registered office is at 67 St Pauls Street, Leeds, LS1 2TE including where applicable the directors, suppliers, servants, agents, freelancers or sub-contractors acting on behalf of Catwalk Events Ltd;
“the Price” means the fee due to Catwalk Events from the Client in payment for the Services set out in the Proposal and the Initial Proposal Costs as defined at clause 3.2;
“the Proposal” means the detailed proposal of the Services to be provided by Catwalk Events Ltd (further to the Initial Proposal and/or estimate) and any documents from Catwalk Events Ltd to the Client giving details of the Event and the Price;
“the Services” the work to be undertaken by Catwalk Events Ltd to organise the Event, as detailed in the Proposal.
1.2. The Client acknowledges that it enters into the Contract in the course of business and not as a consumer.
- THE CONTRACT
2.1. The Contract is deemed to commence on the date Catwalk Events Limited confirms a booking in writing
to the Client.
2.2. Any terms of business offered by or on behalf of the Client shall be deemed to be expressly excluded by Catwalk Events Ltd
2.3. The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Catwalk Events Ltd which is not set out in the Contract.
2.4. Unless otherwise expressly agreed in writing and signed by a director of Catwalk Events Ltd no variations to these terms and conditions shall be effective and no agent or representative of Catwalk Events Ltd other than a Director has any authority to vary or omit any of these terms and conditions.
- CONFIRMATION AND CLIENT OBLIGATIONS:
3.1. Catwalk Events Ltd will issue an Initial Proposal to the Client. The Initial Proposal shall remain valid for a period of 30 days from the date of the Initial Proposal and if Catwalk Events Ltd does not receive a Booking within this period the Initial Proposal shall be deemed to be withdrawn.
3.2. Once a Booking is confirmed by Catwalk Events, Catwalk Events shall carry out the tasks it deems necessary to prepare the Proposal, which may include site visits. The Client is liable for all costs and expenses incurred by Catwalk Events Ltd in pursuance of preparing the Proposal (“the Initial Proposal Costs”).
3.3. Once Catwalk Events has finalised the Proposal, it will issue this to the Client for approval. In the event that the Client does not approve the Proposal, then Catwalk Events will be under no further obligation to the Client and the Contract will terminate further to payment by the Client to Catwalk Events of the Initial Proposal Costs, which are to be paid by the Client within 30 days from the date of Catwalk Events invoice for the same.
3.4. If the Client approves the Proposal, Catwalk Events will provide the Services detailed in the Proposal and the Client will be liable to Catwalk Events for the payment of all costs and expenses incurred by Catwalk Events in pursuance of the Client’s instructions and shall in all other respects be liable to Catwalk Events for its fees, charges, commissions including any cancellation charges as detailed in clause 5 below.
3.5. The Client shall co-operate with Catwalk Events in all matters relating to the Services and provide clear instructions to Catwalk Events.
3.6. Unless otherwise agreed with Catwalk Events in writing the Client shall obtain and maintain all necessary licences, permissions and consents which may be required by Catwalk Events to perform the Services before the date on which the Services are to start.
3.7. The Client shall at its own cost take out and maintain for the Event adequate general liability and contractual liability insurance covering all the usual risks involved in the Event.
- THE PRICE
4.1. The Price payable for the Services and the Event shall be set out in the Proposal (subject to adjustments
made in accordance with clause 12 below).
4.2. Save as otherwise set out in the Proposal the Price shall be payable 30 days from the date of invoice.
In some instances Catwalk Events may ask for an alternative payment schedule such as a non-returnable deposit or payment before the Event, if this is required Catwalk Events will include these details in the Proposal.
4.3. The time of payment shall be of the essence.
4.4. Invoices are payable in full and the Client shall not be entitled to withhold or set-off payment or make any counterclaim.
- CANCELLATION BY THE CLIENT
5.1. The Event may be cancelled by the Client but cancellation will only be effective from the date that the written notice of cancellation is received by Catwalk Events. A cancellation fee will be payable by the Client as set out in this clause 5. The cancellation fee has been calculated to represent a reasonable assessment by Catwalk Events of the losses it will suffer as a result of the cancellation:
5.1.1. Where the cancellation notice is received more than 12 weeks prior to the event date the cancellation fee will be 25% of the Price.
5.1.2. Where the cancellation notice is received between 4-12 weeks prior to the Event date the cancellation fee will be 75% of the Price.
5.1.3. Where the cancellation notice is received less than 4 weeks prior to the Event date the cancellation fee will be 100% of the Price.
5.2. Where Catwalk Events has contracted with a third party on behalf of the Client and the cancellation charges of the third party exceed those stated above the Client shall reimburse Catwalk Events such excess charges.
Catwalk Events reserves the right to cancel the Event if a payment schedule detailed in the Proposal has not
been adhered to by the Client; or in the circumstances set out at clause 15 below.
- FORCE MAJEURE
Catwalk Events shall incur no liability to the Client if performance of the Contract is prevented or hindered for any reason whatsoever beyond Catwalk Events control and in particular, but without prejudice to, the generality of the foregoing by an Act of God, war, riot, civil commotions, local or national Government restrictions, prohibitions or omissions, fire, flood, subsidence, sabotage, accident, strike or lockout labour dispute, illness or an act of terrorism and shall not be liable for any loss or damage resulting there from suffered by the Client.
- POSTPONEMENT AND CHANGES TO THE EVENT
Without prejudice to clause 7, whilst every effort is made by Catwalk Events to carry out the Services in accordance with the Proposal Catwalk Events retains the right to postpone or change the Event if this is necessary due to circumstance beyond its control including but not limited to adverse weather conditions or unavailability of suitable staff, equipment or venue or which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. In such circumstances Catwalk Events will notify the Client as soon as reasonably practicable of such changes and/or postponement.
- REDUCTION IN THE NUMBER OF GUESTS
The Client shall not be entitled to any reduction in the Price if the number of Guests who attend the Event is
less than the number stated in the Proposal.
- CATWALK EVENTS AUTHORITY AT THE EVENT
The Client agrees on its own behalf and on behalf of each and every Guest: that the opinion of Catwalk Events is final in regard to matters of safety and shall comply with any request or order made by Catwalk Events in the interests of safety however expressed and in addition shall comply with any reasonable instruction given by Catwalk Events for any other reason. Catwalk Events reserves the right to request any Guest to leave the Event if in the opinion of Catwalk Events the Guest is behaving in a dangerous, unreasonable or disruptive manner and the Client agrees to ensure that such a request will be complied with by each and every Guest. In such circumstances Catwalk Events will be under no liability to the Client or the Guest in respect of any refund of the Price or compensation for any costs or damage which may be incurred by the Client or Guest.
- WARRANTIES AND LIABILITY OF CATWALK EVENTS
11.1. Catwalk Events warrants to the Client that the Services will be provided using reasonable care and skill in a professional and workmanlike manner and in accordance with reasonable professional standards for such Services and shall as far as reasonably possible provide the Services in accordance with the Proposal. Where in the provision of the Services Catwalk Events supplies any goods or services obtained from a third party, Catwalk Events does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise but shall where possible assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying such goods and/or services to Catwalk Events.
11.2.Subject to clause 11.6 Catwalk Events has no liability to the Client or Guests for any loss or damage of any nature however caused arising out of or in connection with attendance at the Event or to the property of the Client or Guest save to the extent that this shall be covered by any public liability insurance or professional indemnity insurance carried by Catwalk Events, its subcontractors, suppliers and/or freelancers (as applicable) at the date of the Event. Any such claim by the Client or Guest shall be made on the terms and conditions of such insurance a copy of which Catwalk Events shall endeavour to provide on request. Catwalk Events relies on its subcontractors and suppliers for correct information and whilst all details are given in good faith, Catwalk Events cannot accept responsibility for any inaccuracies. Catwalk Events has public liability insurance of £10million and professional indemnity insurance of £1 million.
11.3. Without prejudice to clause 11.4 Catwalk Events may engage subcontractors/freelancers/suppliers on behalf of the Client. In the event that the same fail to perform the liability of Catwalk Events to the Client shall be limited to a value equal to the cost of the subcontractor’s/freelancers/suppliers’ services.
11.4. Catwalk Events shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and Catwalk Events total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
11.5. Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.6. Clause 11 shall have effect subject to any limitation imposed by any applicable law and Catwalk Events does not seek to exclude liability in respect of death or personal injury caused as a result of Catwalk Events negligence or any liability arising from any fraudulent misrepresentations by Catwalk Events
- ALTERATIONS IN THE PRICE
Additional Services requested by the Client and not included in the Proposal will be invoiced following the
Event and payable within 14 days of the date of the invoice.
- LIABILITY OF THE CLIENT FOR DAMAGE OR LOSS
The Client shall reimburse Catwalk Events in respect of any damage to or theft by the Client or its Guests of any equipment and/or property owned or supplied by Catwalk Events or any third party.
- INTELLECTUAL PROPERTY RIGHTS
14.1. The Intellectual Property Rights in any materials supplied by Catwalk Events shall belong to Catwalk
Events and shall be licensed to the Client for use solely during the Event.
14.2. In the event that the Client wishes to acquire the Intellectual Property rights in any materials supplied by Catwalk Events in connection with the Event and which have been specifically created for the Client under the Contract then Catwalk Events may agree to assign these to the Client at a price to be agreed.
14.3. In the event that an assignment of Intellectual Property Rights is agreed then subject to full payment of the price in respect of the same, the Client shall acquire ownership of the Intellectual Property Rights.
14.4. For avoidance of doubt the Client shall not acquire ownership of any underlying material or software used by Catwalk Events in the performance of the Services in respect of which are at the Contract date or at any time thereafter owned by Catwalk Events or any third party.
15.1. Catwalk Events may terminate this Contract immediately upon written notice to the Client in the event
that the Client:
15.1.1. is in material breach of any of its obligations under this Contract which is not capable of remedy or where such breach is capable of remedy has not remedied the same within fifteen (15) days of being given notice in writing specifying the breach or some other time as Catwalk Events shall reasonably determine;
15.1.2. becomes or threatens to become subject to any voluntary arrangement, is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, becomes or threatens to become subject to any bankruptcy petition or order, has or threatens to have a receiver manager or administrator or administrative receiver appointed over its assets undertakings or income has passed a resolution for its winding up or has a petition presented to any court for its winding-up or for an administration order or anything analogous to the above occurs in respect of such other party; or
15.1.3. ceases or threatens to cease to trade.
15.2. In addition to its rights set out at clause 15.1 above, Catwalk Events in its absolute discretion and without prejudice to any other right or remedy may refuse to proceed further with and charge for all or any Services already carried out (whether or not the same shall have been completed) and all or any materials purchased on the Client’s behalf.
- CONSEQUENCES OF TERMINATION
16.1. Immediately upon the termination of this Contract pursuant to clauses 6 or 15 above the Client shall fully pay Catwalk Events all monies due and owing in respect of the provision of the Services (including all out-of-pocket and third-party expenses) which are outstanding as at the date of termination.
16.2. Termination of the Contract for whatever reason shall not prejudice or affect the rights or remedies of either party accrued prior to such termination.
A notice required or permitted to be given by either party to the other under this Contract shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
Such notice shall be deemed to have been received on the second day after posting if sent by first class post or if served personally on the day it is delivered.
The Client shall not without the written consent of Catwalk Events during the Contract period or any time afterwards make use for its own purposes or disclose to any person (except as may be required by law or to its professional advisers for the purposes of this Contract) any confidential secret or proprietary information or such similar information provided by Catwalk Events to the Client pursuant to the Contract or prepared by Catwalk Events pursuant to the Contract all of which information shall be deemed to be and to remain confidential and proprietary.
- CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
A person or company who is not a party to this Contract has no right under the Contracts (Rights of Third
Parties) Act 1999 (“the Act”) to enforce any right under it and the provisions of the Act are expressly excluded.
No failure or delay by either party in exercising any of its rights under this Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- NO PARTNERSHIP
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
If any provision of this Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the remainder of this Contract and the remainder of the provision in question shall not be affected.
The Contract shall be governed by the Laws of England and Wales and the courts of
England shall have competent jurisdiction