M and H Media Ltd (“M+H”, “we”, “our” and “us”) is a company registered in England and Wales. Our company registration number is 10028315 and our registered office is The Coach House, Sharman Road, Worcester WR1 3LA
Please read this document carefully that (together with any other documents referred to within them), sets out the terms and conditions (“Agreement”) of your Awards Ceremony booking and attendance.
Definitions
Attendee means a person attending the Awards Ceremony;
Attendance Fee means the fee payable for an Attendee to attend the Awards Ceremony;
Awards Ceremony means the event at which the winners of the Awards Programme are announced;
Awards Programme means the Awards Season further described on the Website;
Business Day means 08:00 to 18:00 on any day other than Saturday, Sunday, or a day on which a UK public holiday falls;
Venue means the venue where the Awards Ceremony takes place; and
Website means the website at https://awards.museumsandheritage.com/ where the relevant information about the Awards Ceremony and this Agreement is set out.
1. Term
This Agreement shall commence on the date on which we first accept your order and/or you purchase tickets to attend the Awards Ceremony and shall continue, unless the Awards Ceremony or your attendance at such, is cancelled in accordance with clause 6, until the date upon which the Awards Ceremony ends (“Term”) when it shall terminate automatically without notice, unless it is terminated earlier in accordance with clause 10 (Termination).
2. Table and Ticket Bookings
2.1 Booking requests should be submitted online via the booking form on the Website.
2.2 All bookings submitted are confirmed bookings, we are not able to take provisional bookings.
2.3 No booking is guaranteed until you receive a confirmation email from us.
2.4 Subject to availability we will send you email confirmation of your booking request within 48 hours during the working week.
2.5 If your booking is for less than 10 seats, you will be sharing your table with other guests.
2.6 Group seating is only guaranteed for guests on the same booking.
2.7 If there are any specific requirements due to a disability, food allergies or for any other reason (a “Special Requirement”), please email us at the address set out on the Website as soon as possible and, in any event, no less than 14 days before the Awards Ceremony. Where you inform us of a Special Requirement less than 14 days before the Awards Ceremony you understand it may not be possible to accommodate that Special Requirement or its accommodation may result in an additional charge.
2.8 If you are hosting other guests, you are responsible for informing us of any Special Requirements for any of your guests, as per clause 5.3.
3. Fees and Payments
3.1 All payments for table and ticket bookings must be paid in full on the date of the invoice or in any case no later than two weeks prior to the Awards Ceremony. Failure to pay may result in your table being released and 100% cancellation fee being applied.
3.2 Payment must be made by either debit/credit card or by invoice.
3.3 If paying by invoice please use the bank account details on the invoice and include the invoice number and or your organisation name as a reference.
4. Cancellations, Refunds and changes to the event
4.1 Unless specified otherwise in these terms, no refunds are available once an order has been placed for table and ticket bookings.
4.2 100% cancellation fee applies to all table and ticket bookings.
4.3 It may be necessary for reasons beyond our reasonable control (including, without limitation, to acts of god, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, strike action, epidemic or other widespread illness) to alter the advertised content, timing and/or location of the event or cancel the event. We reserve the right to do this at any time and we shall not be liable to you for any costs or other expenses (including wasted travel and accommodation costs) incurred by you or your organisation as a consequence.
4.4 In the unlikely event of cancellation of the Awards Ceremony we will refund 100% of your paid Fees.
5. Behaviour
5.1 Enjoyment of the Awards Ceremony is paramount to us, and we reserve the right in our absolute discretion to refuse admission or to remove any guests whose behaviour is inappropriate on the night, with no refund. Guests must comply with the rules and regulations governing the Venue including dress codes and rules of entry. If a guest brings any property to the Venue, they do so at their own risk. We are not responsible for any loss and/or damage to such property.
6. Use of images
6.1 During the Awards Ceremony we will take photos and videos which will be used after the event on the awards Website and in sector-wide promotions. We will make use of such footage and photographs in accordance with our Privacy Policy. If you do not wish to be included in these photos please make this known to the M+H team at the time that you book your attendance for the Award Ceremony.
7. Data Protection
7.1 Any Personal Data that you provide to us under this Agreement will be processed in accordance with our Privacy Policy
8. Term & Terminations
8.1 We may terminate this Agreement at any time by giving you 15 days’ written notice.
8.2 We shall be entitled to terminate this Agreement immediately by written notice whenever you breach any provision hereof which expressly entitles us to terminate the Agreement.
9. Expiry & Termination Consequences
9.1 Expiry or termination shall not prejudice any other rights or remedies you or us may be entitled to, nor will it affect the accrued rights and liabilities of either of us, nor the coming into or continuance in force, of any provision of this Agreement which is intended (explicitly or implicitly) to come into or continue in force, on or after such expiry or termination.
9.2 Upon expiry or termination of this Agreement:
9.2.1 you shall pay any Fees that have been invoiced up to (and including) the expiry or termination date but not paid for; and
9.2.2 each party shall promptly return to the other any property of the other within its possession or control.
10. Liability
10.1 Neither you nor us shall exclude or limit our liability for (a) death or personal injury caused by negligence; (b) fraud and/or fraudulent misrepresentation; and (c) any other loss that cannot legally be limited at law.
10.2 You shall not exclude or limit your liability under any indemnities given by you under this Agreement.
10.3 You shall fully and effectively indemnify and hold harmless us against all losses, actions, costs (including legal fees and disbursements on a solicitor/client basis), claims, demands, fines, damages and liabilities, of whatever nature, incurred or suffered by or made against us, whether or not foreseeable, arising directly or indirectly, wholly or in part, out of or in connection with:
10.3.1 any breach of this Agreement by you; and
10.3.2 any acts or omissions of yourself, your employees, agents, contractors, visitors, Attendees and/or guests at the Venue arising out of or in connection with the Awards Ceremony and/or the Venue.
10.4 We shall not (whether in contract, tort, negligence, statutory duty or otherwise) be liable to you under this Agreement for any consequential, indirect or special damages (including indirect loss of profit and indirect loss of revenue).
10.5 Subject to the clauses above, our maximum aggregate liability to you under this Agreement (whether arising in contract, tort, negligence, statutory duty or otherwise) shall not exceed the Fees payable by You to us in relation to the Awards Programme giving rise to the liability.
11. Notices
11.1 All notices (including any invoices) under this Agreement shall be in writing and shall be sent to the address specified by the recipient.
11.2 Any notice may be delivered by email, or by post. The notice shall be deemed to have been given if sent by email on receipt of read return email, if sent by courier on delivery and if sent by post 2 Business Days after the notice was posted.
12. Force Majeure
12.1 We shall not be liable to you for any delay or failure to perform hereunder due to a natural disaster, actions or decrees of governmental bodies, any curtailment to or cancellation of public transport, strikes or walkouts, communicable disease, epidemic, acts or threats of terrorism or civil unrest, or communications line failure which (a) hinders, delays or prevents us in performing any of our obligations, (b) is beyond our control of without our fault or negligence, and (c) by the exercise of reasonable diligence we are unable to prevent or provide against (“Force Majeure Event”). If the period of delay or non-performance continues for 30 or more calendar days, subject to clause 6.4, we may terminate this Agreement by giving you 5 Business Days written notice.
12. Publicity
12.1 We expressly agree that we shall be entitled to refer to you as an Attendee of our Awards Ceremony in sales and marketing literature (including websites) and reproduce your logo and/or trade mark for that sole purpose.
13. Third party Rights
16.1 No person other than M+H or You, shall have the right to enforce this Agreement.
14. Assignment and sub-contracting
14.1 We may assign or transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15. Amendments and changes
15.1 No changes to this Agreement are valid or have any effect unless agreed by us in writing or made in accordance with this clause 19. We reserve the right to vary this Agreement from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
16. Invalidity
16.1 If any court or competent authority finds any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the remaining provisions of this Agreement shall not be affected. If any relevant provision would become valid, enforceable or legal if part of it were deleted, it shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17. No Waiver
17.1 No failure or delay by us in exercising (or partial exercise of) any right or remedy available to us under this Agreement or at law shall constitute a waiver of that right or remedy or restrict its further exercise.
18. Status of parties
18.1 Nothing in this Agreement establishes any partnership or joint venture between the parties, constitutes either party the agent of another party, nor authorises either party to make or enter into any commitments on behalf of the other.
19. Entire Agreement
19.1T his Agreement, and the documents referred to in it constitutes the entire agreement between M+H and You in relation to the Awards Ceremony, and supersedes all previous agreements between us and you relating to their subject matter.
20. Governing Law and Jurisdiction
20.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.