Vitality Sportfest 2016 TERMS AND CONDITIONS FOR TICKET SALES

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1 Vitality Sportfest 2016 TERMS AND CONDITIONS FOR TICKET SALES Tickets are offered for sale by the Promoter (as defined below) using ticketing services provided by Ticket Factory acting for, and issuing Tickets as a disclosed agent for the Promoter. These Terms are to be read in conjunction with the general Terms and Conditions of use for the Vitality Sportfest 2016 website and the Privacy Policy displayed on the website. 1 DEFINITIONS AND INTERPRETATION "Event" means the sporting festival known as Vitality Sportfest 2016 to be held as scheduled at the Wormsley Cricket Ground on the Getty Estate on the 30 th & 31 st July "Tickets" means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event. "Venue" means any facilities or locations of any nature where the Event is being held. "We" means Ticket Factory, a company Registered in England and Wales under Registration Number at The National Exhibition Centre, Birmingham, B40 1NT. The Ticket Factory is a trading name of The National Centre Limited. "Us" and "Our" shall be read accordingly. "You" means You or anybody who in Our reasonable opinion is acting with Your authority or permission. "Your" shall be read accordingly. "Promoter" means the person firm or company staging the Event: Superskills Experiences Limited (company number ) whose registered address is at Bridge House, 4 Borough High Street, London Bridge, London SE1 9QR. Sponsor means the person, firm or company engaged by the Promoter to partner with the Event. 2 OUR CONTRACT WITH YOU 2.1 These are the Terms and Conditions on which We supply Tickets to You. 2.2 These Terms and Conditions will becoming binding on You and Us when we issue you with written acceptance of your order for Tickets, at which point a contract will come into existence between You and Us. 3 INCORPORATION OF WAIVER 3.1 These Terms and Conditions incorporate the WAIVER OF LIABILITY AND INDEMNITY AGREEMENT set out below the Terms and Conditions. By purchasing Tickets You confirm that you have read the WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and consent to its terms on behalf of you and anyone that you purchase Tickets for. 3.2 The Definitions and Interpretation shall apply to the WAIVER OF LIABILITY AND INDEMNITY AGREEMENT except as otherwise set out therein.

2 4 TICKETS 4.1 All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Tickets constitutes acceptance of these Terms and Conditions. 4.2 A valid Ticket must be produced to get into the Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. 4.3 It is Your responsibility to check your Tickets. If You have made a mistake when booking your ticket it may not always be possible to rectify the mistake after purchase. Please check your Tickets on receipt carefully and contact Us immediately if there is a genuine mistake. 4.4 We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example, Vitality Sportfest 2016 is a non-seated event and there is a possibility that both the original and duplicate tickets are used, which could compromise the licensed capacity of the venue. 4.5 Duplicates may therefore be issued at the discretion of the Promoter acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. 4.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required. 4.7 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket. 4.8 It is Your responsibility to inform Us of any change to the contact address, telephone number or address You provide Us with at the time of ordering your Ticket. 5 PRICE AND PAYMENT 5.1 The price of the Ticket shall be the price set at the time that We accept Your order. All prices set are inclusive of any applicable taxes and booking fee but exclusive of any collection or delivery fee. 5.2 No order will be accepted until We have received full payment. Any payment for Tickets that may be subsequently rejected by a financial institution, such as a credit card company, shall immediately void the Ticket. We shall use reasonable efforts to contact You using the details You have provided Us to arrange alternative payment and re- issue or re-validate a Ticket. 6 DELIVERY 6.1 Tickets will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Tickets to be sent to an alternative address. 6.2 If You have not received Your Tickets from Us 72 hours prior to the Event, please contact Us.

3 6.3 If Tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to Us as "addressee unknown" We reserve the right to cancel Your booking and make a refund of the Ticket price only. 6.4 There are no facilities to purchase Tickets at the Event and no facility to collect Tickets in person unless advised otherwise by Us. 7 CHANGES TO EVENT The Promoter reserves the right to make alterations to the published Event programme where reasonably necessary. 8 CANCELLED OR RESCHEDULED EVENTS It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or rescheduled, We will Use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event. 9 REFUNDS/EXCHANGES 9.1 Except where We offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the Event is cancelled or rescheduled (subject to below). The non-appearance of any sporting Legend who, according to the Event programme or advertisements, was due to attend the Event shall not entitle You to any refund. You will be entitled to claim a refund from the Promoter in accordance with this clause. 9.2 Where an Event is rescheduled, tickets shall remain valid for the published re-scheduled date and that unless notified otherwise, shall not require to be changed. 9.3 In the event that an Event is cancelled (for whatever reason): and not rescheduled for a later date; or the re-scheduled date is unsuitable for You, You will be entitled to a refund on the face price of the Ticket plus the booking fee from the Promoter administered by Us. For the avoidance of doubt delivery or transactions costs (of the Tickets) shall not be refunded. 9.4 Where such a refund is sought You must return to Us the complete unused Tickets, within 30 days of the date of the cancelled Event. Refunds shall only be made to the person who purchased the Tickets and be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash. 9.5 These Terms and Conditions do not and shall not affect Your statutory rights as a consumer. For further information about Your statutory rights contact Citizens Advice, Consumer Direct ( or the Department for Business Innovation and Skills. 10 LIABILITY

4 10.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at Your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty Additional limitations on liability are set out in the WAIVER OF LIABILITY AND INDEMNITY AGREEMENT below. 11 USE OF DETAILS AND DATA PROTECTION Our Privacy Policy is regularly updated and is visible by clicking this link. Unless You have indicated otherwise We may contact You with offers, opportunities for advance bookings or other marketing led activities. You shall have the opportunity to unsubscribe from communications sent either from the Promoter or Us in accordance with EU legislation and best practice within each communication. 12 TICKET RESALE You may not re-sell or transfer a Ticket as it is personal to You and such action shall immediately breach the agreement as set out in section 12 below. 13 VOID TICKETS 13.1 Any Ticket obtained other than in accordance with these Terms and Conditions shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to Use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and/or have legal proceedings brought against him/her Void Tickets are non-refundable. 14 RESTRICTIONS ON THE PURCHASE OF TICKETS Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without Our agreement, without prior notice unless the purchase of an excess was due to Our error. 15 CONDITIONS OF ADMISSION 15.1 The Promoter and/or the management of the Venue (the Event Organisers) reserve the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void Whilst attending the Event, you must comply with the instructions and directions given by the Event Organisers and their staff, stewards and sports coaches.

5 15.3 The Event Organisers reserve their rights to eject Ticket holders from the Venue and the Event at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Event Organisers may eject a Ticket holder who: has behaved at the Event in a manner which, in the reasonable opinion of the Event Organisers has, or is likely to affect the enjoyment of other Ticket holders; or uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or in the reasonable opinion of the Event Organisers is acting under the influence of alcohol or drugs; or behaves in an anti-social way as to offend or upset others while camping; or fails, when required, to produce a Ticket, proof of identity or age No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above. 16 RESTRICTIONS AND PROHIBITIONS 16.1 By attending the Event, Ticket holders consent to their being photographed, filmed and sound recorded by the Promoter or Sponsor. The Promoter or Sponsor may use such photos, films and recordings for marketing and promotional purposes (including any copies) without payment Ticket holders shall not, without the written consent of the Promoter, bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking area (if any) The Event Organisers reserve the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the Event Organisers, may cause danger or disruption to other attendees at the Event or to the Event or is one of the items not permitted in the Venue as listed above Ticket holders may only leave and re-enter the Venue during the Event at the discretion of the Promoter. Otherwise, there will be no re-admission or pass-outs of any kind. 17 HEALTH AND SAFETY 17.1 Ticket holders must comply with all relevant statutes, safety announcements and Promoter or Venue regulations whilst attending the Event If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets.

6 Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects. 18 DISPUTE RESOLUTION 18.1 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end We shall Use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties If any such dispute cannot be settled, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing ( ADR notice ) to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR The mediation will start not later than 30 days after the date of the ADR notice. The commencement of mediation will not prevent the parties commencing or continuing court proceedings. 19 WAIVER If We delay or fail to enforce any of these Terms and Conditions It shall not mean that We have waived our right to do so. 20 ASSIGNMENT We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected. 21 SEVERABILITY If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply. 22 THIRD PARTIES Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only We, the Venue, the Promoter and You (or Your assignees permitted hereby) have rights and obligations under this contract. 23 FORCE MAJEURE For the purposes of these Terms and Conditions, Force Majeure means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, Weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. This Clause does not affect the terms of Clause AMENDMENTS AND VARIATIONS

7 We intend to rely on the written terms set out here in this document. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree in writing. 25 NO PARTNERSHIP OR AGENCY Nothing in these Terms and Conditions and no action taken by You or Us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Us beyond the relationship created under these Terms and Conditions. 26 ENTIRE AGREEMENT 26.1 These Terms and Conditions constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions Nothing in this agreement shall operate to limit or exclude any liability for fraud. 27 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts. WAIVER OF LIABILITY AND INDEMNITY AGREEMENT By purchasing Tickets You confirm that you have read the WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and consent to its terms on behalf of you and anyone that you purchase Tickets for. Parties Released Parties include: the Promoter, the Venue and Ticket Factory and their affiliates (including official event sponsors), volunteers, directors, officers, employees, agents, contractors and insurers (the Released Parties ). Releasing Parties include: You (as Ticket buyer and attendee of the Event) (the Releasing Party), as well as the attendee s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal associate (together the Releasing Parties). All references to the

8 Releasing Party shall be deemed to include the words: on behalf himself/herself and of the Releasing Parties. Assumption of Inherent Risks The Releasing Party acknowledges that the Event carries with it inherent risks of physical injury including (without limitation): 1) contact or collision with other attendees, coaches, other persons, sports equipment, the playing surface and other natural or manmade fixed objects or surfaces; 2) equipment related hazards (e.g., broken, defective or inadequate coaching equipment, unexpected equipment failure, and imperfect playing or training conditions; 3) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice and rain); 4) inadequate first aid and/or emergency measures; and 5) erratic or inappropriate coattendee behaviour (the Inherent Risks ). The Releasing Party further understands and acknowledges that any of these risks and others not specifically named may cause injury or injuries that may be categorised as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common, but do sometimes occur. They include, but are not limited to: damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection, and concussions. Catastrophic injuries are rare; however, the Releasing Party should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death. The Releasing Party understands fully the inherent risks involved in the Event and asserts that he/she/the attendee and the other Releasing Parties attending the Event are willingly and voluntarily participating in the Event. Waiver of Liability In consideration of being permitted to participate in the Event, the Releasing Party hereby forever waives, releases, covenants not to sue, and discharges the Released Parties from any and all claims resulting from the Inherent Risks of the Event that he/she/the attendee may have arising out of the his/her/ the attendee s participation in the Event. This agreement does not limit or exclude the Released Parties liability for death or personal injury caused by its negligence. Such liability shall be limited to direct losses which shall not exceed the Released Parties general liability insurance cover. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Indemnification Agreement In consideration of being permitted to participate in the Event and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Releasing Party hereby agrees to hold harmless, defend and indemnify the Released Parties from and against: 1) any and all claims made by the Releasing Parties arising from injury or loss due to his/her/the attendee s participation in the Event; and 2) against any and all claims of co-attendees, medical aid providers, affiliates, volunteers, directors, officers,

9 employees, agents, contractors and insurers and others arising from his/her/ the attendee s conduct in the course of participation in the Event. For the purposes hereof, claims includes all actions and causes of action, claims, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of the Event. Photographs and Video Recordings The Releasing Party consents to the Released Parties taking photographs and video recordings of the attendee at the Event and to use such material for promotional purposes, including where the attendee is below the age of five. The Releasing Party hereby grants the Released Parties permission to use the attendee s image or likeness in relation to any live or recorded television or other media transmission or reproduction in whole or in part of his/her participation in the Event. Any photographs taken or videos recorded of the Event by the attendee or Releasing Parties shall be for personal use only and shall not be used commercially without the consent of Super Skills. Other Agreements Venue and Jurisdiction: The Releasing Party understands that if legal action is brought, the courts of England and Wales have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply. Severability: The Releasing Party understands and agrees that this WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Entire Agreement and Amendments: The Releasing Party affirms that this agreement supersedes any and all previous oral or written promises or agreements between him/her and the Released Parties and understands that this is the entire Agreement between him/her and the Released Parties. This Agreement may only be amended by a written document duly executed by all parties. Agreements for the Protection of Attendees: the Releasing Party asserts that he/she/ (or where on behalf of the attendee, the attendee) is in good health and in proper physical condition to safely participate in the Event. the Releasing Party acknowledges that the Released Party recommends and encourages each attendee to get medical clearance from his/her general practitioner prior to participation.

10 the Releasing Party acknowledges that he/she/ the attendee has not been advised or cautioned against participating in the Event by a medical practitioner. in the event of an injury to the attendee that renders the attendee unconscious or incapable of making a medical decision, the attendee and/or the Releasing Party authorises appropriate personnel and emergency medical personnel at the event to make emergency medical decisions on the attendee s behalf. the Releasing Party agrees to assume all costs of emergency medical care and transportation if applicable... SIGNED.. PRINTED SIGNATURE