ARCHIE'S TERMS & CONDITIONS FOR THE PROVISION OF EVENTS

DEFINITIONS AND INTERPRETATION

In these Terms and Conditions for Provision of Services (“Terms”):

“Booking Form” means the form relating to the booking of the Child for an Event as set out at the booking stage of the website or email correspondence confirming the booking of the Event.

“Carer” means the person who attends the class with the Participant and is responsible for their welfare.

“Child” means any child attending or who is booked in to an Archie's Event whose details are specified by You, the child’s Parent or Carer on the Booking Form.

“Contract” means the agreement between the Client and Archie's for the supply of the Services and consisting of the documents referred to in clause 1.5 below.

“Event” means a one-off event with an agreed number of attendees as set out in the Booking Form, either a Birthday party or other private event, be it in Archie's premises or off-site.

“Event Location” means the location of the Event as set out in the Order Form.

“Instructor” means an individual engaged by Archie's to lead or help an Event.

“Price” means the value chargeable for the Event as set out in the Booking Form or negotiated with the Archie's team and any third-party expenses reasonably incurred by Archie's for the purposes of the Event.

“Services” means the services agreed to be provided by Archie's at any Event as set out in the Booking Form.

“Archie's” means Archie's Limited (company number: 12934535) whose registered office is at Walden House, Walden Estate, West Grimstead, Salisbury, England, SP5 3RJ, and is the company with whom you have entered into this contract in respect of the provision of an Event.

“Terms & Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Archie's and You.

“You” means the person engaging Archie's to perform the Services, as named in the Booking Form (and “Your” shall be construed accordingly).

“Website” means the website www.archies-uk.com

1. AGREEMENT AND APPLICATION

1.1 All agreements and issues relating to the Event provision by Archie's to You and the ongoing communication with Instructors, staff, and/or Archie's head office are subject to these Terms & Conditions to the exclusion of all others.

1.2 No variation or addition to the Terms & Conditions shall be binding unless agreed in writing by Archie's and You.

1.3 These Terms & Conditions shall be deemed to be accepted by You once the box is ticked on the Booking Form and confirmation of payment of Fees has been received by Archie's.

1.4 Clause headings shall be ignored in interpretation; the singular includes the plural and vice versa.

1.5 Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.

1.6 Payments will be deemed made to Archie's when they have been credited to Archie's account in cleared funds.

1.7 The Contract comprises these Terms, the Booking Form and any Child Information Form.

1.8 If there is any inconsistency, the order of priority of the Contract documents shall be (i) Booking Form (ii) Terms & Conditions (iii) Vital Info Form; variations of the Contract are effective only if agreed in writing by authorised representatives of the parties and will then prevail over these Terms.

2. FORMATION OF CONTRACT AND RIGHTS TO VARY OR CANCEL

2.1 Booking Forms shall not be deemed accepted by Archie's until acknowledged in writing by Archie's.

2.2 No representations made by Archie's employees will apply to the Contract unless they are confirmed in writing. In entering into the Contract You acknowledge that You have not relied on any such representations unless they have been confirmed in writing.

2.3 You are responsible for ensuring the accuracy of the Booking Form submitted and for giving Archie's any necessary information within a sufficient time to enable Archie's to perform the Contract.

2.4 Archie's reserves the right to make any changes to Services if necessary to comply with any applicable law, regulation or safety requirement and to vary the Price by a fair and reasonable amount to take account of the variation. Archie's will inform You of any such variation and of its effect, if any, on the Price, as soon as reasonably practicable.

2.5 You may cancel a Contract for an Event by notice in writing to Archie's. Subject to clause 2.7, if You cancel: 2.5.1 within fourteen (14) days before the Event, You must pay the Price in full; 2.5.2 more than fourteen (14) days but within sixty (60) days before the Event, You must pay twenty-five per cent (25%) of the Price; 2.5.3 more than sixty (60) days before the Event, Archie's may charge You any reasonable and non-refundable costs incurred by Archie's (such as non-refundable Event location fees or other booking fees or deposits).

2.6 If You are engaging Archie's for non-business-related purposes and Archie's have not met you in person, the Consumer Protection (Distance Selling) Regulations 2000 apply; this means you have the right to cancel the Contract within seven working days of receiving Archie's signature of written acknowledgement of the Booking Form or by email confirmation. You can cancel your instructions by contacting us by post, fax or by email.

2.7 If Archie's cancels the Contract other than pursuant to Clause 10, it will repay all monies received from You.

2.8 If You wish to make an amendment to the Booking Form you should request the amendment in writing and Archie's will within a reasonable time let You know: 2.8.1 whether it considers such amendment is reasonably practicable in all the circumstances; and if so 2.8.2 whether it affects the Price or any other terms or requirements relating to the Services.

2.9 If Archie's considers in its discretion that any amendment would jeopardise the safety of any Child or is otherwise unsuitable for any other reason it may refuse to accept such amendment and You may in that event cancel the Contract pursuant to the cancellation clauses above.

2.10 On receipt of the information from Archie's about amendments You shall have a reasonable period to confirm Your agreement to the change to the Booking Form and the Price. Archie's may delay performance of the Services or any part of them until it has received your written confirmation that You wish either to proceed or not to proceed with the amendments in question.

2.11 Holiday Clubs will only go ahead if there are at least two bookings on board per day. We will contact you to see if we can move you to another day or refund you if not, we will make a decision 7 days prior to the camp day, to allow time to re book.

3. PRICE

3.1 If Archie's gives You a quotation, we may withdraw or modify that quotation at any time before you submit a Booking Form. All quotations lapse thirty (30) days after issue.

3.2 You shall pay the Price as set out in the Booking Form and if the Price is not set out in the Booking Form such Price as Archie's shall charge in accordance with its assessment of a reasonable Price for the Event.

3.3 All prices are exclusive of Value Added Tax and any other sales tax or excise duties.

3.4 Archie's reserves the right to increase the Price before any Event to reflect any change requested by You as to the date of the Event, to numbers of attendees or to any specifications for the Services, or to take account of any delay caused by You or any failure by You to perform Your obligations in these Terms or by Your failure to give Archie's adequate information or instructions.

4. PAYMENT TERMS

4.1 Unless otherwise stated in the Booking Form, You must pay the Price in full within thirty (30) days of the date of the invoice.

4.2 You may not make any withholding, deduction, set-off, counterclaim or cross-demand against an invoice other than in respect of a genuine dispute that You have brought to our attention in writing (with reasonable details) before the due date for payment. In that case You will pay the full amount not in dispute.

4.3 Time of payment is of the essence of every Contract.

4.4 If You are engaging us for business-related purposes, Archie's may (without limiting its remedies) charge You for Archie's costs of collection and (as well after as before judgment) a sum equal to any loss suffered by Archie's arising from such delay as well as interest on such sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and Archie's may cancel the Contract and any other contracts with You.

4.5 If You fail to pay the Price (or any instalment of the Price) when due Archie's may suspend the Services (including delaying planning for the Event and purchasing of any goods or services required for the Event). If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay Archie's any increased costs incurred by Archie's as a result of such delay and Archie's may alter its payment and credit terms under the Contract as it considers appropriate.

5. PROVISION OF SERVICES

5.1 Archie's shall use all reasonable endeavours to provide the Services in accordance with the Contract and shall perform the Services with all reasonable skill, care and diligence.

5.2 Archie's shall: 5.2.1 ensure that all staff engaged in the provision of the Services have been interviewed by Archie's and have a valid and up to date Disclosure and Barring Service check; 5.2.2 use reasonable endeavours to ensure all staff are suitably qualified and trained to carry out the Services; 5.2.3 comply with all legislation regarding the Services and shall maintain a sensible ratio of adults to children for the Event in question.

5.3 If You are providing the Event Location, You shall: 5.3.1 grant Archie's all reasonable access to the Event Location at times reasonably requested by Archie's to enable Archie's to assess the suitability of the Event Location and to prepare for and perform the Services; 5.3.2 ensure that the Event Location fully complies with the descriptions and terms set out in the Booking Form and are suitable and safe for the purposes of the Event; and 5.3.3 advise Archie's without delay of any changes to the Event Location prior to the date of the Event.

5.4 If in Archie's reasonable opinion the Event Location requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable booking fees or deposits paid to third parties incurred by Archie's in relation to the Services).

6. SAFETY AND SECURITY OF CHILDREN ATTENDING EVENTS

6.1 You shall ensure that Archie's receives with the Booking Form a completed Child Information Form in respect of each Child attending any Event and Archie's reserves the right to refuse or restrict access to any such Event to any Child for whom a completed Child Information Form has not been provided. You shall immediately inform Archie's of any changes to the information in the Child Information Form or of any additional relevant information (including details of allergies, illnesses, medical conditions or other specific requirements relating to the Child) of which you become aware after submission of the original Child Information Form.

6.3 You will arrange prompt collection of the children attending any Event at the time notified to you and Archie's may charge You for its reasonable costs (including without limitation staff costs and travel expenses) related to supervising the Child after the time notified to you.

6.4 It is Your responsibility to ensure the Child and all children attending an Event are appropriately supervised at all times when not taking direct part in Archie's activities. Archie's may charge You for the costs of any damage to property of any person caused by Your breach of this clause.

6.5 You shall comply, and shall ensure that the Child (and, in the case of an Event, all children attending the Event) complies with all reasonable instructions from Archie's employees to ensure the safety of all attendees and other persons present and any other requirements. Archie's may suspend the Event or a Child’s participation in the Event if You are in breach of this clause (and shall remain entitled to the Price in such circumstances).

6.6 You shall ensure that Archie's has up-to-date and accurate contact details for You (and, if You are engaging Archie's for business-related purposes, up-to-date and accurate contact details for an appropriate authorised representative of Your organisation) at all times during the Contract.

6.7 You acknowledge and agree that Archie's may take video and photographic footage of Children attending any Event and that appropriate footage which does not compromise the safety or security of any Child may be used by Archie's for the purposes of promotion and marketing.

6.8 You acknowledge and agree that Archie's’ employees may administer basic first aid (including paracetamol, plasters and antiseptic cream) and in extremis emergency first aid in line with annual paediatric first aid training undertaken by Archie's staff to the Child or to children attending an Event. You shall inform Archie's not later than 24 hours prior to the Event of any allergies or other medical conditions not specified in the Child information Form which may affect the Child’s ability to participate in any Event or of which Archie's ought reasonably to be aware.

6.9 If the behaviour of the Child at an Event is in Archie's opinion unacceptable for any reason, or if in Archie's reasonable opinion it is not appropriate for the Child to continue the Event for any reason (whether by reason of illness, injury or otherwise at Archie's discretion), You shall at Archie's request promptly collect the Child from the Event location or ensure there is an appropriate space for them to remain until collection. Archie's may exclude the Child from any activities until he or she has been collected if in Archie's opinion such exclusion is necessary or for the safety of the Child or any other child or is otherwise in the Child’s best interests.

6.10 If the behaviour of any child attending an event is in Archie's opinion unacceptable for any reason, You will at Archie's request remove or procure the removal of the child in question and Archie's may suspend the Event without liability until the child in question has been removed.

6.11 The Price shall remain payable in full in any of the circumstances described in clauses 6.9 and 6.10. In addition, if You (or Your authorised representative) are un-contactable for more than two (2) hours You will pay Archie's’ reasonable costs (including without limitation staff costs and travel expenses) related to caring for the Child.

7. DATA PROTECTION

7.1 Archie's shall process all personal data relating to You and the Child and other individuals in accordance with the Data Protection Act 1998 (“the Act”).

7.2 You hereby consent to the processing of any personal data (including Sensitive Data as defined in the Act) relating to the Child for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the transfer of such personal data to any subcontractor, agent or supplier of Archie's who may be engaged in relation to the performance of the Services, wherever located, provided that such third party agrees to process such personal data in accordance with these Terms.

7.3 You acknowledge and agree that Archie's may use images or likeness of the Child and any feedback or comments You provide to Archie's for promotional and marketing purposes without the need for further consent or any payment or other consideration.

7.4 For the avoidance of doubt Archie's will not share Your personal data with any third parties other than as required for the performance of the Services without Your consent.

8. LIABILITY

8.1 Archie's shall have no liability to You for any losses or expenses of any kind suffered or incurred by You in connection with the provision of the Services by Archie's except as expressly set out in these Terms. Any liability of Archie's shall be limited to direct losses suffered by You as a result of any breach by Archie's of these Terms and shall not extend to any indirect or consequential loss or damage.

8.2 Nothing in these Terms shall limit or exclude the liability of Archie's for death or personal injury caused by its negligence, or for any fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All Intellectual Property Rights created or arising in the performance of the Services shall belong to Archie's.

10. CANCELLATION BY ARCHIE'S

10.1 Without prejudice to any other rights to which Archie's may be entitled, Archie's may terminate the Contract without liability to You if:

10.1.1 You have failed to pay any amount due under the Contract on the due date and remain in default not less than 30 days after being notified to make such payment; 10.1.2 You are in material breach of any of these Terms or otherwise fail to perform Your obligations under the Contract; 10.1.3 You become bankrupt or insolvent or proceedings are commenced relating to Your bankruptcy or insolvency; 10.1.4 Archie's has reasonable grounds to suspect that the Child or You have been involved in any criminal activity.

11. CONFIDENTIALITY

11.1 Each party shall keep confidential all information of a confidential nature obtained from the other party under or in connection with the Contract and shall not use such confidential information for any purpose other than the performance of its obligations under the Contract.

11.2 The provisions of this clause shall survive the termination or expiry of the Contract.

12. FORCE MAJEURE

12.1 Archie's shall not be liable to You for any delay or failure to perform its obligations under the Contract to the extent that and for so long as its performance of such obligations is prevented or delayed by circumstances beyond its reasonable control.

13. ASSIGNMENT

13.1 You may not assign or otherwise transfer any of Your rights under the Contract without the prior written consent of Archie's.

14. ENTIRE AGREEMENT

14.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15. GOVERNING LAW AND JURISDICTION

15.1 The Contract 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 construed in accordance with English law.

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