1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions for Provision of Services ("Terms"):

"Activity Day" means a whole day, up to a maximum of 24 hours, non-residential event.

"Activity Week" means a series of up to seven consecutive Activity Days.

"Guest" means any guest attending an Event, "Guests" shall be construed accordingly.

“Confirmation Email” means the email confirmation of the Event provided to you by S&G including the detail of the arrangements agreed between you and S&G for the Event such as the number of Guests attending, location, and any specific information about the Event required for S&G to provide the Services.

"Contract" means the agreement between the Client and S&G for the supply of the Services and consisting of the documents referred to in clause 1.5 below.

"Event" means either an Activity Day, an Activity Week, a Holiday Camp, Party, or Corporate Event.

"Holiday Camp" means a residential camp of up to seven days as set out in the Confirmation Email.

“In Loco Parentis” means any period of time during an Activity Day during which S&G agrees to take charge of one or more Children and neither You nor any of your representatives are present.

"Party" means a one-off event with an agreed number of attendees as set out in the Confirmation Email.

"Price" means the price for the Services set out in the Confirmation Email and any Third Party Costs reasonably incurred by S&G for the purposes of the Event.

"Services" means the services agreed to be provided by S&G at any Event as set out in the Confirmation Email or in relation to any activity in which S&G is In Loco Parentis.

"S&G" means Sharky and George Limited (company number: 06224400) whose registered office is at Matrix Studios, 91 Peterborough Road, London, SW6 3BU.

“Third Party Costs” means any third-party expenses reasonably incurred by S&G in relation to an Event.

"Event Location" means the location of the Event as set out in the Confirmation Email.

"You" means the natural or legal person engaging S&G to perform the Services (and "Your" shall be construed accordingly).

1.2 Clause headings shall not affect the interpretation of these Terms; the singular includes the plural and vice versa.

1.3 Any provision of these Terms that 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.

1.4 Payments will be deemed made to S&G when they have been credited to S&G's account in cleared funds.

1.5 The Contract comprises these Terms and the details in the Confirmation Email.

1.6 If there is any inconsistency, the order of priority of the Contract documents shall be (i) Confirmation Email (ii) Terms; variations of the Contract are effective only if agreed in writing by authorized representatives of the parties and will then prevail over these Terms.

 

2. FORMATION OF CONTRACT AND RIGHTS TO VARY OR CANCEL

2.1 You shall agree all details of your booking with S&G via email in advance of the booking. A legally binding contract shall be formed between you and S&G in accordance with these terms when (i) S&G has sent you the Confirmation Email AND (ii) you have paid the Price or part thereof as a deposit in accordance with the Confirmation Email OR (iii) S&G has sent the Confirmation Email and incurred any Third Party Costs on your behalf in preparation for the Event (S&G will use reasonable endeavours to notify you before incurring any such costs).

2.2 No representations made by S&G's employees, agents, or contractors 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 to you in writing by an authorized representative of S&G.

2.3 You are responsible for ensuring the accuracy of any information provided to us via email and for giving S&G any necessary information sufficiently in advance of an Event to enable S&G to perform the Contract.

2.4 S&G 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. S&G 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 by notice in writing to S&G. Subject to clause 2.8, 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 and any reasonable and non-refundable costs incurred by S&G;

2.5.3 more than sixty (60) days before the Event, S&G may charge You any reasonable and non-refundable costs incurred by S&G (such as non-refundable Event Location or other booking fees or deposits).

2.6 You may postpone a Party by notice in writing to S&G. Subject to clause 2.8, if You postpone:

2.6.1 within fourteen (14) days before the Event, we will charge you a twenty-five per cent (25%) rescheduling fee;

2.6.2 more than fourteen (14) days but within sixty (60) days before the Event, You must pay any reasonable and non-refundable costs incurred by S&G;

2.6.3 more than sixty (60) days before the Event, S&G may charge You any reasonable and non-refundable costs incurred by S&G (such as non-refundable Event Location or other booking fees or deposits).

2.7 Notwithstanding clauses 2.5 and 2.6, you shall reimburse S&G for any reasonable and non-refundable costs (including Third Party Costs) incurred by S&G on your behalf prior to the time of cancellation or postponement of the Contract.

2.8 If You are engaging S&G for non-business related purposes and you have not concluded the contract with S&G in person at our offices, the Consumer Contract Regulations 2013 apply to this contract as a distance contract or an off-premises contract; this means you have the right to cancel the Contract within fourteen working days of receiving S&G's Confirmation Email. You can cancel your instructions by contacting us by post or by email.

2.9 If S&G cancels the Contract other than under clause 10, it will repay all monies received from You.

2.10 If You wish to make an amendment to your booking once S&G has confirmed it to you via email, you should request the amendment in writing and S&G will within a reasonable time let You know:

2.10.1 whether it considers that amendment is reasonably practicable in all the circumstances; and if so

2.10.2 whether it affects the Price or any other terms or requirements relating to the Services. If S&G considers in its sole discretion that any amendment would jeopardize the safety of any Guest or is otherwise unsuitable for any other reason, it may refuse to accept that amendment, and in that case, You may cancel the Contract under clause 2.5.

2.11 When you receive any information from S&G under clause 2.10, You shall have a reasonable period to confirm Your agreement to the change to the Confirmation Email and the Price. S&G 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 requested amendments.

 

3. PRICE

3.1 If S&G gives You a quotation, we may withdraw or modify that quotation at any time before the Contract is formed. All quotations lapse thirty (30) days after issue.

3.2 The Client shall pay the Price as set out in the Confirmation Email. If no Price is set out in the Confirmation Email, the Price will be calculated using S&G’s usual practice and then current rates.

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

3.4 S&G reserves the right to increase the Price before any Event to reflect any change requested by You including but not limited to the date of the Event, the number of attendees, or 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 the Contract or by Your failure to give S&G adequate information or instructions.

 

4. PAYMENT TERMS

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

4.2 You must 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 (in which you have set out all 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, S&G may (without limiting its remedies) charge You for S&G's costs of collection and (as well after as before judgment) a sum equal to any loss suffered by S&G arising from that delay as well as interest on that 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 S&G 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, S&G 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 S&G any increased costs incurred by S&G as a result of that delay, and S&G may alter its payment and credit terms under the Contract as it considers appropriate.

 

5. PROVISION OF SERVICES

5.1 S&G 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 S&G shall:

5.2.1 ensure that all staff engaged by it in the provision of the Services have been interviewed by S&G 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 the correct ratio of adults to children (when applicable) for the Event in question.

5.3 If You are providing the Event Location, You shall:

5.3.1 grant S&G all reasonable access to the Event Location at times reasonably requested by S&G to enable S&G 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 Confirmation Email and is suitable and safe for the purposes of the Event; and

5.3.3 advise S&G without delay of any changes to the Event Location prior to the date of the Event.

5.4 If, in S&G'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 S&G in relation to the Services).

 

6. SAFETY AND SECURITY OF GUESTS ATTENDING EVENTS

6.1. Provision of Relevant Information: You are required to ensure that Sharky & George (S&G) receives all necessary and relevant information concerning each guest attending any Activity Day, Activity Week, Holiday Camp, or Event. S&G reserves the right to refuse or limit access to any event if it believes that complete and accurate information has not been provided. You must immediately inform S&G of any changes to this information or any additional relevant details (including allergies, illnesses, medical conditions, or other specific requirements) leading up to or on the day of the event.

6.2. Accompaniment of Children at Parties: You must ensure that any child attending a Party who is under the age of four (4) years is accompanied by an adult (over the age of 18) at all times. Children aged four or older may attend the Party without an adult.

6.3. Service Provision Based on Confirmation: S&G is only obligated to provide services for the number of guests and during the times specified in the Confirmation Email.

6.4. Notification of Medical Conditions: You must inform S&G no later than 24 hours before a Party of any allergies, illnesses, or medical conditions affecting any guest expected to attend, which you are aware of or ought reasonably to be aware of.

6.5. Timely Collection of Children: You must arrange for the prompt collection of children attending any Event at the notified time. S&G may charge you for reasonable costs (including staff costs and travel expenses) related to supervising the child after the specified collection time.

6.6. Responsibility for Supervision: Except where S&G has agreed to be In Loco Parentis (acting in place of a parent), it is your responsibility to ensure that the child and all other children attending a Party are appropriately supervised at all times. S&G may charge you for the costs of any damage to property caused by your breach of this clause and for any costs incurred by S&G in providing additional supervision due to your breach.

6.7. Compliance with Instructions: You must ensure that the guest (and, in the case of a Party, all guests) complies with all reasonable instructions from S&G's employees to ensure the safety of all attendees and others present, even if S&G is In Loco Parentis. S&G may suspend the event or the guest’s (or any other guest’s) participation if you are in breach of this clause, and S&G shall remain entitled to the Price in such circumstances.

6.8. Up-to-Date Contact Details: You must ensure that S&G has up-to-date and accurate contact details for you (and, if engaging S&G for business-related purposes, up-to-date and accurate contact details for an authorized representative of your organization) at all times during the Contract.

6.9. Use of Photographic and Video Footage: You acknowledge and agree that S&G may take video and photographic footage of guests attending any event. Appropriate footage, which does not compromise the safety or security of any guest, may be used by S&G for promotional and marketing purposes.

6.10. Administration of Basic First Aid: You acknowledge and agree that S&G's employees may administer basic first aid (including paracetamol, plasters, and antiseptic cream) to the guest or guests attending an event. You must inform S&G no later than 24 hours before the event of any allergies or other medical conditions not specified as part of the relevant information which may affect the guest's ability to participate or of which S&G ought reasonably to be aware.

6.11. Management of Unacceptable Behavior: If a guest’s behavior at an Activity Day, Activity Week, Holiday Camp, or Event is, in S&G's opinion, unacceptable for any reason, or if it is, in S&G's reasonable opinion, inappropriate for the guest to continue the event (whether due to illness, injury, or otherwise at S&G's sole discretion), you shall promptly collect the child from the event location upon S&G's request. S&G may exclude the child from activities until they have been collected if such exclusion is necessary for the child's or any other child’s safety or is otherwise in the child’s best interests.

6.12. Removal of Unacceptable Guests at Parties: If any guest’s behavior at a Party is, in S&G's opinion, unacceptable for any reason, you will, at S&G's request, remove or procure the removal of the guest in question. S&G may suspend the Party without liability until the guest in question has been removed.

6.13. Liability for Costs Related to Un-contactability: The Price shall remain payable in full under any circumstances described in clauses 6.11 and 6.12. Additionally, if you (or your authorized representative) are uncontactable for more than two (2) hours, you will be liable to pay S&G's reasonable costs (including staff costs and travel expenses) related to caring for the guest.

 

7. DATA PROTECTION

7.1. Compliance with Data Protection Legislation: S&G shall process all personal data relating to you, the guest, and other individuals in accordance with the General Data Protection Regulation 2016 and the Data Protection Act 2018 ("the Data Protection Legislation").

7.2. Consent to Processing of Personal Data: You hereby consent to the processing of any personal data (including Sensitive Personal Data as defined in the Data Protection Legislation) relating to the guest for the purposes necessary for the performance of the Services in accordance with these Terms. This includes consent to the processing (such as gathering, storing, and using) by S&G and third parties engaged by S&G for the purposes of protecting the health and safety of the guest at any event.

7.3. Disclosure and Privacy Policy: S&G will process personal data, sensitive personal data, and personal data relating to guests in accordance with its privacy policy, available on request. S&G will not disclose personal data about you or any guest to any third party except as necessary for the performance of the Services or to comply with overriding statutory obligations.

7.4. Warranties for Business-Related Data: If you are engaging S&G for business-related purposes, you warrant that any personal data provided to S&G, whether relating to you, the guest, or otherwise, may be processed by S&G for the performance of the Services. You agree to indemnify S&G against any costs, claims, damages, or expenses incurred in relation to any claim by a data subject (as defined in the Data Protection Legislation) that such processing contravened their statutory rights, except to the extent that such a claim relates to any breach by S&G of this clause 7.4.

 

8. INSURANCE

You acknowledge that all risks related to the event, except for physical injury to persons or damage to property directly caused by S&G’s negligence, are borne by you. You are advised to arrange appropriate insurance coverage. If you wish for S&G to refer you to an appropriate events insurer, you should request this with sufficient time before the event. You acknowledge that the Price reflects this balance of risk. Please be aware of the limitations of S&G’s liability outlined in clause 9 below.

 

9. LIMITATIONS OF LIABILITY

9.1. Exclusions to Liability Limitations: Nothing in these Terms shall limit or exclude any liability of S&G which may not be limited or excluded by law, including, without limitation, liability for death or personal injury caused by S&G’s negligence or for fraud or fraudulent misrepresentation.

9.2. Liability for Breach of Contract: Subject to clause 9.1, S&G shall have no liability (whether arising under contract, tort, breach of statutory duty, or otherwise) to the extent that such liability would not have arisen but for your breach of the Contract.

9.3. Assumption of Risk: Subject to clause 9.1, by entering into the Contract, you acknowledge S&G’s level of expertise and recognize that participating in the Services may result in loss or damage. You acknowledge that you have voluntarily assumed the risk of such loss or damage and, therefore, waive any claim for such loss or damage against S&G and/or its employees, agents, and contractors.

9.4. Aggregate Liability Limit: Subject to clause 9.1, S&G’s aggregate liability for all claims in relation to the Contract (whether in contract, tort, breach of statutory duty, or otherwise) shall not exceed the Price paid by you.

9.5. Exclusion of Certain Losses: Subject to clause 9.1, S&G shall not be liable for any loss which represents disappointment, injury to feelings, loss of reputation, third-party liability, loss of anticipated benefit, loss of profit, or management time.

9.6. Liability for Third-Party Service Providers: Subject to clause 9.1, S&G shall not be liable for any third-party service providers engaged by S&G as agents on your behalf.

9.7. Force Majeure: S&G shall not be liable for any failure to perform any or all of its obligations under the Contract due to severe weather, fire, flood, act of God, armed conflict, civil unrest, industrial action, public authority order, or any other cause beyond its control. In such circumstances, S&G may terminate the Contract without liability and shall refund the Price less any non-refundable deposits, booking fees, or other charges incurred by it up to the date of termination.

 

10. TERMINATION OF THE CONTRACT

10.1. Termination for Non-Payment or Breach: S&G may terminate the Contract immediately by written notice if you fail to pay any sum due or fail to comply with any safety requirement or obligation set out in these Terms and do not remedy the breach within a reasonable time after notice from S&G.

10.2. Termination for Insolvency: Either party may terminate the Contract immediately by written notice if the other party is or is deemed to be insolvent or steps are taken to:

10.2.1. Propose any composition, scheme, or arrangement involving the other party and its creditors; 10.2.2. Obtain an administration order or appoint any administrative or other receiver or manager of the party or its property or enforce any security over the party’s property or repossess its assets; 10.2.3. File a petition for bankruptcy or to wind up or dissolve the party, or sequestrate its estate, or if any similar action occurs outside England.

10.3. Consequences of Termination: If the Contract is terminated, S&G may:

10.3.1. Declare immediately payable any sums due to it by you, proceed against you for the same and/or damages, and appropriate any payment by you as representing sums due under the Contract; 10.3.2. Suspend further performance of the Contract and/or any credit granted to you.

10.4. Effect on Accrued Rights: Termination of the Contract shall not affect the accrued rights of you and S&G under the Contract.

 

11. GENERAL

11.1. Intellectual Property Rights: You acknowledge that all intellectual property rights in and relating to the Services (including, but not limited to, trademarks, copyright, and design rights) shall remain the sole property of S&G.

11.2. Waiver of Breach: No previous waiver of any breach of the Contract shall constitute a waiver of any right or remedy.

11.3. Assignment: The Contract may not be assigned by either party without the written consent of the other party.

11.4. Survival of Certain Clauses: Clauses 1, 2.5, 2.7, 4.4, 4.5, 9, 10, and this clause 11 shall survive termination of the Contract.

11.5. Rights of Third Parties: A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract, but this does not affect any right or remedy of a third party which is available apart from that Act.

11.6. Governing Law and Jurisdiction: The Contract shall be governed and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.