1. Contract Terms
1.1 We agree to provide our Tournament Package to you on the following terms. These constitute a contract between us and you and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.2 In these terms and conditions:
1.2.1 “we” and “us” means Daredevil Project Limited a company registered in England under number 8318527 and whose registered office is at 207 Regent Street, London W1B 3HH; and
1.2.2 the ” Tournament Package” means the services and goods that you have ordered from us and we have agreed to provide, in relation to a tournament (a “Tournament”).
2.1 You must pay the Tournament Package in advance. In the event of late payment we reserve the right to charge interest on the outstanding balance at the Statutory Rate. We reserve the right to suspend or cancel the Tournament Package if any payment is overdue.
2.2 If we suspend or cancel a Tournament and the reason for the suspension or cancellation is not your fault we will offer you a ticket to participate in another of our Tournaments or a refund of the ticket price. Providing a replacement ticket or refund will be our sole liability to you if we suspend or cancel a Tournament.
2.3 If you make a booking online or by telephone you may cancel your booking and receive a refund of any amount you have paid without charge within 7 working days of making your booking, provided the Tournament has not already started. If you cancel: (a) a booking made in person at any time; or (b) a booking made online or by telephone more than 7 working days after making it, we will give you a refund of the ticket price less an administration fee of £4.20 plus 4.5% of the ticket price and any postage charges. This fee is in respect of our costs incurred in dealing with your booking and cancellation. In either case we will only give you the refund if you cancel at least 30 hours before the Tournament is due to start, unless we are able to resell your ticket before the Tournament starts.
3. Your Obligations
You agree that you:
3.1 will ensure that you and those who wish to receive the benefit of our Tournament Package co-operate with you and us in relation to it and do not engage in unacceptable behaviour. (Unacceptable behaviour shall include (a) negligent or reckless behaviour which could cause distress or injury to other participants or third parties (b) damage to property (c) participation whilst under the influence of drink or illegal drugs and (d) breaking the law) and
3.2 will promptly give us such information as we may reasonably request for the proper and safe delivery of the Tournament Package.
3.3 will allow us to use images and videos of you obtained by us during the Tournament or accessed by us over the internet to use for promotional purposes (which includes but is not limited to use by us on our website). If you run the Tournament yourself you agree to procure the same permission on our behalf from all your participants.
4. Safety of the Participants (events run by you not us)
Where the Tournament Package is run by you (rather than us) you agree that you will
(1) take all reasonable steps to ensure the safety of the participants e.g. by briefing them fully before the event and monitoring their participation during the event, and
(2) indemnify us against any claim that a participant may make against us (obviously such indemnity will not apply where we, rather than you, run the event).
5. Additional Work
Any charges that we agree with you are for the Tournament Package that we agree at that time. If we are asked to carry out additional work or your instructions to us change we reserve the right to make an additional charge.
6.1 Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 7 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.
6.2 Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract immediately if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed (or the equivalent in any other jurisdiction).
7.1 We warrant to you that we will seek to supply the Tournament Package with reasonable skill and care. We accept liability for our own negligence, but only to the extent stated in this clause.
7.2 Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.
7.3 Subject to clause 7.2, our liability to you under this Agreement shall not exceed cost of the Tournament Package.
7.4 Subject to sub-clauses 7.2 and 7.3 we shall be liable to you in respect of all direct loss or damage caused by our acts or omissions and those of our employees, agents or sub-contractors, other than Excluded Loss. In this clause the expression “Excluded Loss” means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
8. Force Majeure
We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
9.1 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.
9.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
9.3 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
9.4 If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
9.5 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.