Terms and Conditions
Inside Sport Group Membership Terms and Conditions
By agreeing to purchase a membership to the Inside Sport Group Events, the Customer (as defined below), agrees with the Organizer (as defined below) that they have read and understood, and are bound by, the following terms and conditions (these “Terms”).
1 Definitions and Interpretation
1.1 The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:
“Agreement” means the Application Form and the Confirmation, together with these Terms;
“Application Form” means any form provided by the organizer and completed either by the Customer or on behalf of the Customer by a telephone operative of the organizer (for the avoidance of doubt all references in these Terms to the completion of a Application Form by a telephone operative of the organizer on behalf of a Customer) to detail the Services required by the Customer at the Events;
“Confirmation” means the written confirmation of the agreed Services sent to the Customer by the organizer, in accordance with clause 3;
“Customer” means the person who books the Services in accordance with these Terms;
“Events” means a series of Events to be held be held at the Venue on multiple dates, as communicated by the Organizer throughout 2016;
“Full Payment” means the payment in full of the Price by the Customer to the organizer and shall only be deemed to have occurred once confirmation has been received by the organizer’s bank that cleared funds have been received in the sum of the Price;
“Organizer” means Inside Sport Group LLC, 252 W 37th Street, 4th Floor, New York, NY 10018.
“Organizer’s Website” means www.insidesportgroup.com or any successor website operated by the Organizer for the purposes of promoting the Events;
“Price” means the total price payable by the Customer for the Services and any other applicable taxes, as detailed in the Confirmation;
“Services” means the table and/or seats at the Events, together with any agreed ancillary services, as specified in the Application Form; and
- 1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
- 1.3 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- 1.4 The word “including” is not to be treated as a word of limitation.
2 How a contract is formed
- 2.1 To order Services, the Customer must complete or have completed for it an Application Form by the Organizers website. All orders, including those made by telephone, constitute an offer from the Customer to the organizer to purchase Services. All orders are subject to acceptance by the organizer, and such acceptance will be confirmed to the Customer by sending Confirmation to the Customer. The contract between the organizer and the Customer will only be formed when the organizer sends the Customer its Confirmation.
- 2.2 It is the Customer’s responsibility to check the particulars of the Confirmation. In order for any errors to be rectified, they must be notified to the organizer within 7 days of receipt of the Confirmation.
- 2.3 Any alteration or addition to the details of the Confirmation will require the Customer to complete a new order unless otherwise agreed in writing by the organizer.
- 3.1 In consideration of the provision of the Services, the Customer agrees to pay the organizer the Price in accordance with the terms of the remainder of this clause 3.
- 3.2 The Customer acknowledges and agrees that its obligation to pay to the organizer the Price in its entirety arises upon receipt of Confirmation of its booking, notwithstanding the payment terms set out in the remainder of this clause 3.
- 3.3 An invoice for the agreed Price will be dispatched to the Customer.
- 3.4 If the Agreement is entered into less than four weeks prior to the date of the Events (for the purposes of the Agreement this shall be the first Events if the Customer has purchased a membership to a series of Events), Full Payment must be made to the organizer at the time of entering into the Agreement.
- 3.5 All figures quoted by the organizer for the Services are in United States Dollars
- 3.6 Any invoice issued by the organizer to the Customer under this Agreement, must be paid to the organizer within 14 days from the date of receipt of the invoice, otherwise any application will be deemed cancelled (and therefore subject to the cancellation provisions of clause 4) and the organizer will be free to resell the relevant Services at its sole discretion.
- 3.7 All payment dates in this clause 3 shall be of the essence and if the Customer fails to comply with the such payment dates, the organizer shall, at its sole discretion, be entitled to charge interest on any amounts overdue at the rate of 4% per annum. The rights of the organizer under this clause are cumulative and not alternative and any waiver by the organizer of any of its rights shall be without prejudice to any other rights under the Agreement.
- 3.8 Irrespective of the date of Application or Events proximity admission documents/membership cards for the Events shall not be issued to the Customer until Full Payment has been received by the organizer.
4 Cancellation or Alteration
- 4.1 Subject to clause 4.2 below, once the Customer has completed an Application Form they have seven days in which to cancel their Application, during which time no cost will be incurred by the Customer.
- 4.2 The Customer agrees to waive its rights to cancel any booking of Services in circumstances where it completes an Application Form less than four weeks prior to the next Events. Cancellation of a booking in these circumstances will thereafter incur cancellation fees as set out in the remainder of this clause 4.
- 4.3 In the Events that a Customer wishes to cancel all or part of booked Services it must do so in writing to the organizer. On receipt of such a notice of cancellation the organizer shall be entitled to charge a cancellation fee, to be invoiced to the Customer (for the avoidance of doubt, if Full Payment or any part payment of the Price has been made by the time of the cancellation, then any refund due to the Customer will be reduced by the relevant cancellation fee) as follows:
- 4.3.1 where such notice of cancellation has been received by the organizer more than 90 days before the Events date – However, if you have attended one Events in the year, then your membership is non-refundable.
5 Customer Obligations and Acknowledgements
- 5.1 The Customer acknowledges, represents, warrants and undertakes to the organizer as follows:
- 5.1.1 that it will pay the Price in accordance with clause 3;
- 5.1.2 it has, and will continue to have through to the date of the Events, full right, title and authority to enter into this Agreement and to accept and perform the obligations imposed on it under this Agreement;
- 5.1.3 all trademarks used at the Events and in its promotion are the property of their respective owners;
- 5.1.4 that it will on request provide such information and assistance as the organizer may reasonably require in the organization of the Events (for example Guest dietary requirements).
- 5.1.5 that it will (and where applicable will procure that any of its Guests) at all times remain well behaved, will not cause any nuisance or annoyance to any other person at the Venue and will exercise care as to its/their own safety and the safety of all others whilst at the Venue in complying with the Venue rules of entry and any directives and guidelines issued by the organizer.
- 5.2 Photographs will be taken at the Events by an official photographer; such photographs may be used in post-Events publicity and on future marketing materials. By completing and submitting the Application Form, the Customer consents to the official photographer taking such photographs, which may feature the Customer and/or its Guests, and the use of such photographs as described and, where applicable, undertakes to use its to ensure that all of its Guests attending the Events are made aware of use of the official photographer and consent accordingly to their photograph being taken as described. If the Customer or any of its Guests do not want their photograph to be taken or used in this way, the organizer must be notified prior to the Events.
6 Venue Admission
6.1 The organizer reserves the right to refuse admission and to remove persons from the Venue who do not comply with the Venue rules of entry or these Terms or who represents a security risk, nuisance or annoyance to the staging of the Events or who have in their possession prohibited items including chemicals of any kind, animals (except pre-approved assistance dogs), weapons or any offensive materials in whatever format. The organizer further reserves the right to conduct security searches of persons wishing to enter or occupying the Venue and their belongings to ensure the safety of persons at the Events.
7 Limitation of Liability
- 7.1 The views expressed by any speaker at the Events are representative of the speaker’s own opinions and cannot in any way be attributed to the organizer. The organizer disclaims any liability for views expressed by any speaker at the Events.
- 7.2 Subject as expressly provided in these Terms, and except where Services are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- 7.3 The organizer shall not be liable to the Customer (not purchasing as a consumer further to clause 7.2 above) or any guest of the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms for any loss of profit or any indirect, special or consequential loss, damages, costs, expenses or other claims (whether caused by the negligence of the organizer, its servants or agents or otherwise) which arise out of or in connection with the provision of the Events (including any delay in providing or failure to provide the Events).
- 7.4 Where the Customer is deemed to be contracting as a consumer, the organizer shall not be liable to the Customer or a Guest for any loss or damage caused by the organizer where such loss or damage is not a reasonably foreseeable result of a breach of the Agreement. The Company will not be responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Customer and the organizer (such as loss of profits or loss of opportunity).
- 7.5 Nothing in these Terms shall exclude or restrict the organizer’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from the organizer’s negligence or willful default.
- 7.6 The entire liability of the organizer in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall not exceed in any Events the Price.
- 7.7 The organizer shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the organizer’s obligations in relation to the Events, if the delay or failure was due to any cause beyond the organizer’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
- 7.7.1 Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
- 7.7.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- 7.7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
- 7.7.4 import or export regulations or embargoes;
- 7.7.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the organizer or of a third party);
- 7.7.6 difficulties in obtaining raw materials, labor or similar.
- 7.8 The organizer shall have no responsibility or liability for any loss of or damage to the property or personal effects brought to the Venue by the Customer, its employees, sub-contractors or Guests.
- 7.9 Where tickets/admission documents for the Events are posted to the Customer, the risk in the goods shall pass to the Customer upon the items being posted to the address given by the Customer. The organizer shall not be liable for any loss, damage or cost arising from the delivery or non- delivery of the tickets/admission documents for the Events. The organizer reserves the right to levy an additional charge for issuing replacement tickets and documents arising from non-delivery of the tickets/admission documents for the Events.
- 7.10 The Customer undertakes and agrees that it will irrevocably indemnify and hold the organizer its officers, employees, agents and sub-contractors harmless:
- 7.10.1 from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising from a breach of the representations, warranties or undertakings contained herein or arising from the acts or omissions of the Customer, its employees, agents, sub-contractors or guests;
- 7.10.2 in respect of any damage accidentally, intentionally or negligently caused by the Customer, its employees, sub-contractors, or Guests to any property belonging to or in the control of the organizer (including the Venue). In the Events that such damage does occur the Customer shall, within 7 days of the organizer’s letter outlining the damage to be remedied, ensure payment of any costs arising.
8.1 Either party shall have the rights at any time to terminate this Agreement immediately by giving written notice to the other in the Events that:
- 8.1.1 the other party has committed a material breach of any obligation under this Agreement which breach is incapable of remedy or cannot be remedied in time for the Events; or
- 8.1.2 the other party has committed a material breach of any of its obligations under this Agreement and has not remedied such breach (if the same is capable of remedy) within 14 days of being required by notice to do so; or
- 8.1.3 the other party goes into liquidation whether compulsory or voluntary or is declared insolvent or if an administrator or receiver is appointed over the whole or any part of that other party’s assets or if that other party enters into any arrangement for the benefit of or compounds with its creditors generally or ceases to carry on business or threatens to do any of these things;
9.1 All notices shall be in writing and may be delivered personally, by facsimile, by first class pre-paid post and shall be deemed to be properly given or served:
9.1.1 two working days after being sent to the intended recipient by pre- paid post addressed as aforesaid or, if sent by international air mail, five working days after being sent to the intended recipient; or
9.1.2 if sent by facsimile on receipt of confirmation of transmission or if not a working day the first working day thereafter provided that a confirmation copy is sent by first class pre-paid post to the address aforesaid within 24 hours of transmission.
- 10.1 The organizer confirms that personal information relating to individuals provided by the Customer shall be stored and processed by the organizer for use solely in connection with the Events and that such information shall not be distributed to third parties without the relevant individual’s prior consent. Such information will only be disclosed to a third party without prior notice to the relevant individual when the organizer believes such disclosure to be required by law or regulation or to be necessary to defend the rights of the organizer, the safety of the public or other Customers and their guests.
- 10.2 The organizer reserves the right to alter or amend the Events content or program and where practicable any such alteration or amendment will be publicized on the organizer’s Website. In the Events of any circumstances beyond the control of the organizer necessitating such change, the organizer reserves the right to alter or amend the Events date or location, subject to compliance with the Terms.
- 10.3 The details of the Events shown in any material supplied by the organizer to the Customer are correct at the time of printing but the Customer shall be responsible for checking with the organizer that no alterations have been made.
- 10.4 The Agreement constitutes the entire agreement between the organizer and the Customer with respect to its subject matter, and shall supersede any and all prior agreements, representations or understanding between the parties, whether written or oral.
- 10.5 Where any conflict arises between the content of the Application Form and the Confirmation the content of the Confirmation shall prevail. In the Events of conflict between either the Application Form or Confirmation and these Terms, the content of these Terms shall prevail.
- 10.6 If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
- 10.7 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.