International Festival of Wilderness Medicine Presented by Exile Medics Terms and Conditions

Table of Contents:

1.     Definitions

2.     Duration of Festival and Programme

3.     Contract formation

4.     Price and payment

5.     Provision of services and discretion

6.     General Obligations of Delegates

7.     Intellectual property rights

8.     Limitation of liability

9.     Cancellation by Organiser/Force Majeure

10.  Additional Regulations and Fire Precautions

11.  Termination and Withdrawal

12.  Assignment

13.  General

1. Definitions
In these terms and conditions (Conditions) the following expressions shall, unless the context otherwise requires, have the following meanings:

Agreement means the agreement between the Delegate and the Organiser in respect of the Festival and these Conditions;

Exile Medics website means the festival page(s) of www.exile-medics.com

Cancellation Policy means the policy of the Organiser as set out in the Festival cancellation policy on the Exile Medics website

Code of Conduct means the festival code of conduct as set out in the Festival code of conduct on the Exile Medics website;

Confirmation Email means the email sent by or on behalf of Exile Medics Ltd to confirm that the a ticket purchase has been accepted and a place at the festival has been allocated;

Festival means the particular festival including any related events the name and date of which are stated in the festival Confirmation Email;

Festival Registration Form means the festival registration form available on the Exile Medics website enabling registration at and payment for the relevant festival;

Contract means the binding contract relating to the acceptance by the Organiser of the Delegate’s registration at the festival in accordance with Condition 3 below;

Delegate means any person who has been accepted at and registered to attend the festival under the Contract;

Programme means the festival programme (including the instructional, educational and scientific programme) that is included on the Festival section of the website;

Organiser means Exile Medics Ltd, a private company limited by guarantee incorporated and registered in England and Wales (company number 08340775) whose registered office is at 185 Coldharbour Road, Bristol BS6 7SX;

Venue means the indoor and outdoor areas, rooms, halls and centre in which the Festival takes place;

Venue Owner means the proprietor or operator of the Venue, together with its agents, employees and contractors.

All words importing the singular number shall include the plural and vice versa and words importing the masculine gender shall include the feminine.

Headings in these Conditions are used for convenience only and shall not affect the construction or interpretation of these Conditions.

2.     Duration of Festival and Programme
Details of the Festival and the Programme including the dates and times will be stipulated in the Confirmation Email.

3.     Contract formation
Applications for attendance at the Festival should be made by completing the Festival Registration Form on the Exile Medics website including payment

The Organiser reserves the right to refuse any application.

A binding contract shall come into force only when the completed Festival Registration Form is accepted by the Organiser and the Confirmation Email is sent to the applicant.

4.     Price and payment
The fees applicable to the relevant Festival are shown on the Exile Medics website. All sums stated are inclusive of VAT at the prevailing rate.

Please note that onsite registration fees will include an additional administration charge and therefore it will be cheaper for applicants to register in advance.

5.     Provision of services and discretion The Organiser shall be entitled to:

1.     (a)  change the Programme;

2.     (b)  alter the dates, hours, and/or duration of the Festival or any part of the Programme;

3.     (c)  refuse any Delegate admission to any event within the Programme where the particular session/event

is full;

4.     (d)  refuse admission on the basis that the Delegate does not have a valid Badge;

5.     (e)  charge a reasonable fee for replacement Badges;

6.     (f)  remove from the Festival any Delegate who, in the sole opinion of Exile Medics or its agents, employees or subcontractors or the Venue Owner, is in breach of the Code of Conduct and/or is deemed to be acting inappropriately;

7.     (g)  change or vary these Conditions and any festival policies available on the Exile Medics website at any time, or permit exceptions in special circumstances.

6.     Save for changes to the Programme made at short notice (short notice being five working days or less) the Organiser shall use reasonable endeavours to communicate any changes to the Programme to Delegates in advance of the Festival.

7.     In addition the Organiser will use reasonable endeavours to ensure that any technical problems do not interfere with the provision of the Festival. In the event that technical problems interfere with the Festival this will not be treated as a breach of the Organiser’s obligations to Delegates.

8.     General Obligations of Delegates Delegates shall:

(a) abide by the Code of Conduct;
(b) wear their Badge in plain sight at all times;
(c) report the loss of a Badge to the registration desk for a replacement; (d) accept all responsibility for their personal property;

5.     (e)  not leave any personal property unattended;

6.     (f)  make their own arrangements with respect to personal and travel insurance;

7.     (g)  make and fund their own arrangements with respect to travel and accommodation;

8.     (h)  not film, record or photograph during the Festival unless the prior written consent of Exile Medics has been granted;

9.     (i)  not allow any third party to use their Badge to gain access to the Festival or otherwise;

10.  (j)  observe all instructions and regulations (in particular fire and health and safety regulations) laid down by the Venue Owner;

7.     Intellectual property rights
All intellectual property rights (including copyright) in or arising out of or in connection with the Festival including any materials or documents provided to Delegates as part of the Festival are owned by Exile Medics.

Delegates may not use the materials, documents or other items supplied in connection with the Festival for any commercial purpose.

Filming, recording or photography during the Festival is Strictly Prohibited unless the prior written consent of the Exile Medics has been obtained.

8.     Limitation of liability
Nothing in these Conditions shall limit or exclude the Organiser’s liability for:

1.     death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

2.     fraud or fraudulent misrepresentation.

Subject to the above Conditions 8a and 8b:

c. the Organiser shall under no circumstances whatever be liable to the Delegate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and

d. the Organiser’s total liability to the Delegate in respect of all other losses arising under or in connection with the Agreement, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fee paid by the Delegate and in circumstances where the Delegate has not paid a fee then the maximum Delegate fee applicable to the Festival.

9. Cancellation by Organiser/Force Majeure

The Cancellation Policy applies to the Festival and can be found on the Exile Medics website. Where the Festival is cancelled in accordance with the Cancellation Policy the Delegate agrees and acknowledges that he will have no further claim whatsoever against the Organiser in respect of such cancellation.

The Organiser will not be liable or responsible for any failure to perform or delay in the performance of any of its obligations under these Conditions that are caused by events outside the Organiser’s reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non- occurrence, omission or accident beyond the organiser’s reasonable control and includes in particular (without limitation) the following: strikes or other industrial action; civil commotion, riot, invasion, war, terrorist attack or threat of terrorist attack; fire, storm, flood or other natural disaster; impossibility of the use of railway, shipping, aircraft, motor transport or other means of public or private transport or delays in relation to such transport; or impossibility of the use of public or private telecommunication networks.

The Organiser’s obligations under these Conditions are suspended for the period that the Force Majeure Event continues and provided that if the Force Majeure Event renders, in the organiser’s sole opinion, the Festival is not viable whether from a financial or logistical point of view then the Organiser may cancel, curtail or postpone the Festival.

If the Organiser postpones the Festival to another date (and/or place) the Organiser will offer Delegates the opportunity of attending the alternative Festival subject to payment of any increase in the Delegate’s fee or refund if the Delegate fee is reduced. If the Festival is cancelled as a result of a Force Majeure Event the Organiser will refund the fees (if any) paid by Delegates on the basis of any sums remaining to the Organiser after satisfying all of its obligations in respect of the cancelled Festival. As a consequence, Delegates acknowledge that, on this basis, it may be that no refund is possible.

10. Additional Regulations and Fire Precautions
Delegates must comply with all statutory local and other regulations or requirements and bye-laws which affect or apply to the Festival or the Venue and in particular any fire regulations.

Delegates must comply with all other instructions and regulations laid down by the Venue Owner.

11. Termination and Withdrawal
Without prejudice to any other rights it may have, the Organiser may terminate the Agreement by notice in writing:

(a) if the whole or any parts of the amounts due from the Delegate to the Organiser are not paid within fourteen days of the due dates (whether formally demanded or not);

(b) if the Delegate fails to observe and fulfil any of the terms of the Agreement.

(c) if the Delegate has registered for free as a member but has not met all the qualifying conditions;

12. Assignment
Delegates shall not assign or transfer their rights under the Agreement in whole or in part and acknowledge that registration at the Festival is non-transferable.

13. General

The parties acknowledge that Conditions 5(f) and 10 of the Agreement may be enforced by the Venue Owner pursuant to section 1(1) of the Contracts (Rights of Third Parties) Act 1999 but that no other party who is not a party under the Agreement shall have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

If at any time one or more provisions contained in these Conditions is or becomes invalid, illegal or unenforceable in any respect this shall not affect the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect.

The law governing the Agreement shall be the law of England and Wales and the parties shall submit to the exclusive jurisdiction of the English Courts.

 

 

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