Terms & Conditions
TERMS & CONDITIONS
_0.0 INTRODUCTION, DEFINITIONS AND INTERPRETATIONS
0.1 Introduction, definition, interpretations
The following terms and conditions (in the following "T&C") set out our obligations to you and your commitments to us when booking events with London Life Drawing / Adrian Dutton Arts Ltd. (in the following "London Life Drawing"). Our aim is to be as professional, approachable, helpful and generally 'human' as possible in our contact with all - whether customers, suppliers or team members; but legal T&Cs are a necessity nowadays, so that all parties are clearly aware of their rights and obligations, and to govern any dispute resolution (and by the way, should we ever need to resolve any disputes, we hope they will be resolved swiftly, amicably and to the satisfaction of all involved). In the following, we are laying out our T&C by which we consider ourselves bound, and to which you agree to find yourself bound, too, when entering into a Contract with us (see 1.2 below). In advance we apologise for the Legaleeze and for what may seem a beaurocatic approach to providing creative and artistic services: be reassured, our team are not beaurocratic in nature, but our legal advisers insisted on defining our T&C in very clear terms and in a language consistent with the legal speak generally in use for such purposes.
Hereafter follows the definition of terms in use in this text: the words “we”, “our” and “us” mean London Life Drawing; “you”, “your” or “yourself” etc. mean the person(s) making the reservation, and the term “Group” is intended to include any and all people participating/travelling/included with your booking. All events, activities, parts of activities and add-ons such as refreshments (food and/or drink) and any and all other services of any description will be hereafter described as “Arrangements”. “In writing” means a communication in one of these means: either by facsimile/fax, by email or by letter. The term “Lead Customer” means the person who has placed the booking. It is always helpful if you let us know which of your contacts you would like us to design as the Lead Customer, and if several different people have a part in organising/arranging/managing a booking, any one of these may be designed by us as the Lead Customer. All bookings are made and accepted as a Group booking and the person or, if more than one person, ANY of the persons placing the booking may be considered by us as taking responsibility for the reservation and be identified by us as the Lead Customer. Unless specifically confirmed prior to the booking being confirmed, the Lead Customer warrants that s/he, and all Group members, are over 18 years of age and that the Lead Customer has both full capacity and full authority to secure the booking in accordance with these Booking Conditions on behalf of all persons and companies whose names appear in the booking and of others whom s/he may later add to the Group. The Lead Customer agrees, on behalf of and including all Group members, to take all steps necessary to ensure Lead Customer and Group members are bound by these Booking Conditions and act in accordance with the T&C laid out here. We reserve the right to decline a booking at our entire discretion, including, but not limited to, for reasons to do with limitations of space, team numbers, availability, cost, travel. Prices confirmed to you prior to the payment of your deposit or the full price of your booking will be listed in either the quote or the invoice which we will have sent to you during the process of arranging your booking.
When you make a booking and pay either an initial deposit or the full payment is made, we will base our price on a variety of aspects, including but not solely: Group numbers, required staff numbers, materials and any other specific details relating to your booking. We often quote for optional add-ons (to give a few examples, optional add-ons might be: adding an additional life model to those already booked; adding other materials; adding a second or moving to a larger space within the venue; moving to a different venue altogether; etc.) in your quote and the prices for the basic booking as well as for any add-ons will be clearly indicated on your quote and invoice.
Payment of a deposit or payment of the full amount is understood by both parties to establish a binding contract between us and you, this contract comes into existence upon payment of any amount (part of full) towards our invoice to you. This establishment of the contract is considered a Confirmed Booking. Prior to doing so, we have correspondances or telephone conversations but a full contract is not established until a part/full payment towards the invoice is made, OR either party accepts in writing a separate written contract sent to both parties and accepted in writing by both parties ahead of the booking. Any correspondance ahead of, typically, a payment - either full or in part - or, on rarer occasions, the acceptance in writing by both parties of a written contract, simply indicates that we are in the process of working on your booking request and is not a confirmation of it. On extremely rare occasions, where a booking is effected in extreme urgency and, due to time or other constraints, it is not possible to for us to send written confirmation, or for us to send an invoice, or for you to make payment of at least part (deposit) of the invoice, both parties i.e. you and us will agree that a brief email stating that we enter in an oral contract, the terms of which are briefly to be stated in the body of the email and are to include an outline and summary of the terms, and the recipient of this email will reply that they are in agreement with these terms: in this case, this email exchange of will constitute a Contract in the same way as a written contract or part/full payment of our invoice does.
1.3 The 30 Day Period
Several elements of our Arrangements require pre-booking or prepayment in full, including models, materials and venues. This means that we often are required to pay either a deposit or a full booking fee to secure these elements of our Arrangements; we are bound by booking terms of the providers of these elements, this includes their terms of cancellation and/or refund exclusion periods. For this reason, our cancellation terms, as well as our refund terms and any and all other terms governing any changes to your booking with us have a 30 day exclusion period (hereafter "30 Day Period"). This "30 Day Period" is defined as the period comprising 30 calendar days prior to the first session which is included in your booking with us. If your booking is for a single session, the 30 Day Period begins 30 days prior to the date of this actual event that is being booked. If your booking with us is for several sessions, the 30 Day Period begins with 30 days prior to the date of the first session. We will make all Arrangements in accordance with these Booking Conditions. Often, a booking is initiated or finalised well into the 30 Day Period; in this case, the 30 Day Period is considered active at the time the booking is finalised (signalled by your payment of a deposit or the full price of the booking).
1.4 Changes to the booking
Ideally, you will let us know any changes to your booking ahead of the 30 Day Period which precedes the date of the first event included in your booking. We will attempt to accomodate any changes you may have to the booking, even after its confirmation, and even after the 30 Day Period has begun, to the best of our abilities. Extra charges may be payable if you add either add-on services to the Arrangements (see also 1.1), or if you add additional participants to your group booking, or if you extend the duration of the booking, or if you change any other element of the Arrangements (such as for example, but not limited to, venue, number of tutors, quality or number of refreshments etc.). If, as happens on rare occasions, the changes you want to make to the booking require additional payment, but due to time restraints or other reasons you are not able to make this payment until after the date of the booking, you accept herewith that you will make the payment in accordance with the fees we have agreed in our correspondance, and including the additional payment we have discussed for the add-on services agreed at short notice.
1.5 Inaccuracies and mistakes in booking:
Please check your quote and invoice together with any other documents we may send you, as soon as you receive them. Contact us as soon as feasible if any information within these or elsewhere (for example, but not limited to, on our website) appears to be incorrect or incomplete, as it may not be possible to make changes further down the line, although as stated in 1.4 we will try our hardest to accomodate any changes. It is clear that we cannot accept any responsibility for any inaccuracies to any booking or other document if you do not notify us within 48 hours of our sending it out. And whilst we will always do our best to rectify any changes caused by inaccuracies notified to us outside of this time limit, you agree that you will be responsible for any costs and expenses involved in doing so. We will, where possible, always negotiate with our suppliers (eg. venue hirers, caterers etc) to eliminate or reduce any extra costs incurred by you due to mistakes or inaccuracies in you making your booking, but we cannot guarantee that you will not incur fees or charges, and you agree that you are liable to pay these in the circumstances laid out above in this point (1.5).
1.6 Age restrictions
Unless you advise us and we explicitly agree to this in writing prior to entering into a contract with you, we will assume that every member of your Group is over 18 years of age. If this is not the case and some members of your party do not fall into this age category, please contact us in writing stating the Group member's age and check with us that the events you are booking is suited and can accomodate the younger member(s) of your party. Again, if this is not checked prior to your booking and you do not notify us prior to the 30 Day Period, and if you do encounter any hindrances, part or total losses of your booked services or extra charges during your Arrangements, we cannot be held liable.
1.7 Responsibility for awareness of T&C
The Lead Customer is responsible for ensuring that other members of her/his party are aware of these T&C and that they consent to her/him acting on their behalf in dealings with us.
1.8 Responsability for booking
The Lead Customer is responsible for the booking and for ensuring that all monies due for a booking are collected and paid on time in accordance with the timeframe laid out in our invoice and/or quote. The Lead Customer assumes all responsibility to settle the full balance of the invoice for a Confirmed Booking before the final balance due date indicated on our invoice and/or quote.
1.9 Venue suitability
The Lead Customer is responsible for any Arrangements with regards to the venue, if it is understood that We are NOT providing the venue for your booking. Please take all the steps necessary to verify with us that your venue is suited to the activities you are intending to book. If you book a venue, or provide your own venue, and we are unable to run your booked activities for any reason, including, but not limited to, health and safety reasons, safeguarding/protection reasons (such as for example, the venue not being able to screen a nude life model from the outside gaze, or venue being too cold for a life model to work in without risk to their health), etc. - there will be no refund. If you require any support to make a venue provided by you suitable for the activities you wish to book, please contact us in good time before the date of the first event in the booking, to let us know what we can do to help. Although we have manifold equipment and tools at hand to help make spaces suitable for our activities, if additional purchases or fees become necessary in the process, such as for example but not limited to, tool hire, hire of lights, hire of heating etc., you agree that you will be paying any additional charges to which you have agreed as part of your booking. If, as happens on rare occasions, any additional charges become necessary and they require additional payment, but due to time restraints or other reasons we are not able to formalise these by sending an amended invoice or quote, or you do not have time to make this additional payment until after the date of the booking, you accept herewith that you will make the payment in accordance with the fees we have agreed in our correspondance, and including the additional payment we have discussed for the add-on services agreed at short notice. It is herewith agreed that we will always check with you prior to adding any tools or services to your booking which are at an additional cost to you; and it is herewith agreed that we will always try to send a written notification of these extra charges, and that we will always seek a written confirmation from you that you agree and accept these extra charges; however in the exceptional case where you accept the extra charges and do not have time to send a written confirmation that you do accept these extra charges, an audio recording of your acceptance of the extra charges will in lieu confirm your acceptance and liability for these additional charges.
_2.0 OUR PRICE POLICY AND PAYMENT TERMS
2.1 Changes to prices
We reserve the right to alter prices shown on any website without notification but we will always try to inform you of any price changes prior to the issue of our quote or invoice. Once a payment has been made towards your invoice, save in the case of manifest or system error, the price shown on the quote or invoice shall apply and the only surcharges or other fees that may be levied will be for additional services or changes to your booking (where they mean the incurring of additional fees).
2.2 Deposit and invoice
When you make your booking the Lead Customer is required to initiate a non-refundable initial payment of a deposit as agreed on our quote or invoice. Unless a different timescale for payment is agreed by us in writing, the final balance of the total price of your Arrangements must be paid at least 31 days prior to the bookings which are the subject of the Arrangements commencing. It is the Lead Customer's responsibility to make sure that all payments are made prior to this date. If the booking is agreed and a quote and/or invoice is sent to you with less time than 31 days before the first event in your booking, the full amount of the invoice shall be payable at the time of booking. Our acceptance of your payment equates to our acceptance of your booking. If we cannot, for any reason, accept your booking, a notification will be made - where possible, in writing by email, where no email is available, the notification will be made over the phone and an audio recording will be made of this notification conversation (having notified you of the recording being in process) - that we cannot accept your booking, and the reasons of our not being able to accept your booking. Where a refund is due, a refund will be issued within 7 days of the payment having reached and cleared to our accounts.
2.3 Deposit and final balance
Should the final balance not be received by us in time, we will inform the Lead Customer that the payment is overdue, and send a written reminder by email. If you do not, then pay us within three days we will be entitled to treat your booking as cancelled by you and, if cancellation occurs within the 30 Day Period, we will be entitled to retain your deposit. We may be able to offer an 'equivalence' (see below) which will allow you to transfer the booking to a different date, but this is subject to availability and other aspects. Under all circumstances, all deposits, part payments, activities, services, venue hire fees, model or other booking charges, administration charges, insurance fees and premiums incurred, service fees and transfers as well as any other charges agreed to by you but not stated here, are non-refundable and non-transferable.
2.4 Firm contract
The Contract set out in these T&C will be between London Life Drawing and with the person who requested and received a written quotation. Where a quote has been received and a different person pays the deposit, the contract will remain in the name of the person who received the written quotation, unless we are notified in writing of the contact details of a different person. Once a deposit or the final balance has been cleared we consider your booking is confirmed and constitutes a binding contract between us has come into existence. By making your booking with us, by making a payment of a deposit or by paying the invoice in full, you are being regarded as having had the opportunity to have viewed and as having understood these, our T&C.
3.0 CHANGES AND CANCELLATIONS BY YOU
3.1 Changes to booking by customer
If you require a change to your booking in any way you must contact us in writing as soon as possible. We cannot guarantee that changes can be made but we will try and accommodate your requests as best as possible, in a helpful and as non-beaurocratic a manner as possible. You agree however that you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. These charges will be made aware to the Lead Customer who is responsible for the payment of all charges; if the extra charges being occured fall within the 30 Day Period, the payment of these extra charges is due within 72 hours of any amendment being agreed. Please be aware these are not amendment charges but charges dictated to us by our suppliers. There is no generic approach to changes. As an example, if you reduce the number of participants for an event confirmed with us to be held at a certain price, we may not be able to lower the charges to you for that event, because our price in that case may not be based on the number of participants but instead is calculated on the basis of costs/charges to us (such as venue, models, materials, staff costs etc). On other occasions, a reduction in participant numbers may well result in a reduction in charges to you and thus you may be entitled to a refund or a credit (see section "3.3 Cancellations, refunds and credits" below). We will always try to accommodate any changes, subject to availability.
3.2 Administration charges
We currently do not levy administration charges for any changes or amendments to bookings, although we reserve the right to change this and introduce an administration fee for amendments and cancellations of the booking, even outside of the 30 Day Period.
3.3 Cancellations, refunds and credits
All cancellations must be notified to us in writing and we advise that you do this at the soonest possible time. If you cancel the whole booking before the final payment is due, your deposits will not be refunded; however provided you notify us of your cancellation before the 30 Day Period, your deposit may be transferred to another mutually agreed date within 24 calendar months of the original booking date. If your booking consists of multiple event dates, or several events which have all been booked in one single booking - 1) in the event of the cancellation of PART but not all of these events PRIOR to the 30 Day Period before the FIRST of the booked events, a refund of any fees paid BEYOND THE DEPOSIT can be made; 2) in the event of the cancellation of PART but not all of these booked events WITHIN the 30 Day Period, we are not able to return payments made for the cancelled events/parts of the booking, but we may be able to transfer these in form of a 'credit' which can be transformed into any other booking within 24 calendar months (or longer, if specifically agreed in writing between the parties). If you cancel the whole booking after final balances have been paid WITHIN THE 30 DAY PERIOD, all monies are non-refundable. We may be able to transfer these in form of a 'credit' which can be transformed into any other booking within 24 calendar months (or longer, if specifically agreed in writing between the parties).
3.4 Summary of timings for payments and conditions for refunds relating to any bookings
If any part of these conditions is unclear, please clarify these with us ahead of making any payment for your booking.
-> More than 30 days prior to date of first event
covered by booking: The deposit is due
-> 30 days and less prior to date of first event
covered by booking: 100% of the invoice total
for the Arrangements covered by the booking,
whether the booking is for a single event or a
series of events, is due
-> For any additional charges incurred by you in
the process of our procuring your event: within
3 days (= 72 hours) of being invoiced for
these additional charges, full payment is due
-> in the event of your cancelling, with more than
30 days prior to date of first event covered
by the booking: We retain the deposit, remainder
of monies paid is returned to the payee
-> 30 days and less prior to date of first event
covered by booking: 100% of the total cost
of the Arrangements in question is retained, a
credit note may be issued see point 3.3 above.
All prices are inclusive of value added tax or similar sales tax.
4.0 CHANGES AND CANCELLATIONS BY US
4.1 Changes and cancellations by us
We are always intent on providing the greatest service possible at the lowest cost possible, but on occasion things do go awry, typically due to events beyond our control. London Life Drawing reserves the right at any time to cancel or change any of the arrangements, services or prices, including, but not limited to, cost of activities, services provided, staff fees and charges, venue hires, etc. and to substitute alternative Arrangements of comparable value and quality without compensation and accepts no liability for loss of enjoyment as a result of these changes.
4.2 Changes, e.g. to the venue We will always attempt to keep any changes made by us to a very minimum, such as for example a change in venue. This has always been extremely rare. Typically we will succeed in supplying an alternative to a cancelled service or element of a booking, such as materials becoming unavailable or a venue being unusable; in fact, any such change has only occurred once since we began offering our services and on that occasion, it was due to the venue having been flooded. If no alternative can be supplied for example due very short notice, we may be obliged to cancel, in this case we will inform you at the very soonest opportunity. If we cancel due to reasons that are within our control, we will refund - 1) if before the 30 Day Period: the full booking fee including deposit, or - 2) after the 30 Day Period has begun: the full booking monies less the deposit paid.
4.3 Notifying you of changes
We will always endeavour to notify you of any changes as soon as possible. However, under no circumstance are we obliged to refund any element of a weekend cancelled due to war and/or threat of war, riots, terrorist activity, industrial disputes including those affecting transport to the venue(s), natural disasters, floodings, electrical or other faults impairing the venue and preventing its use, fire, airport closures (delayed flights), bad weather conditions and similar events beyond our control.
_5.0 LIMITATION OF OUR LIABILITY TO YOU
5.1 We will not be liable where any failure in the performance of the contract is due to:
5.2 you; or
5.3 a third party unconnected with the provision of the arrangements and where the failure is unforeseeable or unavoidable; or
5.4 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
5.5 for any liability not covered by the above or below, our liability shall be limited to the pro rata amount of the booking attributable per head to each member of the Group.
5.6 Should you or any member of your Group suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
5.7 Our liability will also be limited in accordance with and/or in an identical manner to:
5.8 the contractual terms of the companies that provide the arrangements which are incorporated into and form part of your contract with us; and
5.9 any relevant international convention, for example the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim and which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in any such conventions.
_6.0 YOUR RESPONSIBILITIES
6.1. Special Requests
Our business is to provide customised, personalised services - mostly, no two of our bookings are the same. So accomodating special requests comes as second nature to our team. We will always do our best to help, but we cannot guarantee that they can be accomodated, except as set out below. Please advise us of your request at the time of booking and make sure that we are given as much time to arrange it, and as much detailed information about your request as possible. If your special request is vital to your arrangements, it must be specifically agreed with us before or at the time you book, and ideally ahead of the 30 Day Period. We will comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Booking Confirmation or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be able to be met, it is only confirmation that we are trying to arrange for it to be met. Unless and until specifically confirmed in writing all special requests must be considered subject to availability. If any additional cost is applicable, it must be paid for within 72 hours (or as agreed with us) of being asked to do so by us. A cancellation of the special request may ensue if you do not make this payment within 72 hours (or as agreed with us).
_7.0 HEALTH PRECAUTIONS
7.1 Health of participants
You agree that you will provide us with full details of any existing medical (including allergies and epilepsy) or other problem (including unusual height or weight) or disability of any type that may apply to any member of your Group, whether they may or may not affect your arrangements (including, in particular, any food and drink options and the suitability of the venue(s), materials and facilities) at the time of booking. If in our reasonable opinion, your chosen Arrangements are not suitable for the medical or physical problem or disability or for any other reason relating to any member of your Group, we have the right to refuse to accept the booking or parts thereof and if we are not notified of this prior to the 30 Day Period, you may be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, monies paid towards the event will be non-refundable incl. the deposit.
8.1 Suitable insurance
It is your responsibility to make sure you have suitable insurance in place prior to travel to and from the event. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place prior to travel. If you are unable to attend all or some aspect of your arrangements for any reason outside of your control, and you have the appropriate cover in place, we will be happy to provide you with a Statement of Payments Received to support an insurance claim, but please note that we are unable to confirm or deny your participation in the event.
8.2 Own risk
It is understood that for each and every member of the Group who participates in travelling to the events booked, whether or not organised and arranged independently of us or recommended or not by us, does so at their own risk, and it should be understood that participation at the event(s) booked is at the individual’s own risk and it is your responsibility to ensure that such activities are covered by your insurance policy.
9.1 Group behaviour
You agree that you will be responsible for the behaviour of yourself and your Group, for the duration of the booking process and the event and all its parts. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your Group by terminating your Arrangements if the behaviour of you or any member of your Group is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any team member or person(s) providing services as part of the services agreed in our booking, or in the reasonable opinion of any other person in authority, disruptive, vulgar, upsetting, persistently disrespectful or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. This includes but is not limited to the possession and consumption of illegal substances by any members of the Group, which is strictly prohibited during all aspects of the event(s) covered by the booking. This also includes intoxication: where a or several members of the Group are intoxicated to the point of making the provision of our services unsafe to any member of the Group, to any staff present or TO THEMSELVES, we reserve the right to cancel the provision of our services either in part or in total. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your Arrangements due to any unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements) and reserve the right to pass the contact details of the Lead Customer to the provider in location, in order that they can attempt to recoup any charges they deem to be due in relation to damages caused by you. Please be aware that if you have any refreshments or any services or additional charges included in your Arrangements, you are likely to be liable to be charged for these, too. It is at the discretion of the service provider(s) to decide upon reasonable deductions for any damage incurred directly by your Group, during your booking.
_10.0 ACTIVITY TIMINGS AND LOCATIONS
10.1 Timing and schedule of activities
Our activities are designed for you to achieve maximum enjoyment from your Arrangements. The general advice and timings provided must be adhered to at all times and failure to do so may result in your Group being unable to participate in particular activities. We cannot be held liable should you fail to follow our advice or adhere to our planned timings.
_11.0 REFUND POLICY
11.1 Timing of refunds
If we confirm that a refund is due for an aspect of your booking, we will endeavour to process this within 28 working days, wherever possible. If this cannot be achieved we will contact you in writing within 14 days to advise you of any delays.
_12.0 COMPLAINTS AND COMPENSATION
12.1 Dissatisfaction with the event
We sincerely hope that you will find lots of reasons to celebrate and none whatsoever to complain, and we will go any extra mile to ensure this. However, if you feel you have cause for complaint whilst on any of your Arrangements, we ask that you bring it to the attention of any staff member during the actual activity, or immediately afterwards. This gives us a chance to do our very best to rectify the situation. You are expected to make all reasonable effort to notify a staff member or team member as soon as the problem occurs: Do not wait until the end of the event because it would be too late for us to remedy the problem. On the rare occasion that issues will arise, these can often be rectified once we are given information about the issue. If we are not given a chance to remedy the problem, we cannot be held responsible or liable for not rectifying it.
12.2 Escalating your complaint
Having notified a member of staff or team member of your issue at the soonest during the event, and finding that your complaint could not be resolved at this point locally, if you wish to make a formal complaint about the service you have received from us, please send your comments in writing within seven days of the event date by email to info@AdrianDutton.com or by post to: London Life Drawing - Adrian Dutton Arts Limited, 23 Southey Walk, Tilbury Essex, RM18 8AT. Please give your Lead customer's name (the name under which the booking was made) and add information such as the date of the event you wish to complain about, as well as all other relevant information, keeping your account concise and to the point in order to assist us to quickly identify your concerns and speed up our response to you. We will very carefully look at the issues raised and we endeavour to respond within 14 days of receipt, and to resolve any issues raised within 28 days where possible.
12.3 Timing of complaints
Any claims for compensation must be received within three months of the date of the event and will need to be include valid receipt(s) without which we cannot provide refunds.
12.4 Safety of the Group, the Group's members and the staff/team
Any members of the Group found to be under the influence of alcohol or drugs (whether the member(s) of the Group admits to this or not - and it is herewith agreed that the staff member(s) present will be the judge of whether this is the case); or any members of the Group in breach of any of the codes of conduct mentioned under section "9.0 BEHAVIOUR" before or during an activity will not be able participate in the event(s) and will not be entitled to any refunds. If the staff member(s) present judge that too many members of the Group are displaying erratic, insulting, dangerous, intoxicated or other traits that make it impossible, in the staff member(s) view, to continue providing the booked services, the services will be terminated either in part or in their entirety. For all aspects mentioned under section 12.4 in these T&C, the staff member(s)' judgement is final and you herewith agree to wholly submit to their judgement.
12.5 Failure to gain access to the venue
Should London Life Drawing for any reason beyond its control be unable to gain entrance to a venue due to unforeseen circumstances where an activity is due to take place that results in a delay to the start time but the event is then carried out in full, the customer will not be liable for any damages or compensation. We will attempt to continue the booked activities for the duration for which they are booked, but if this is not possible, we will not be liable for compensation. We may be able to offer a discount on a future booking as a gesture of goodwill. In the event of some aspects of an activity being unavailable (such as materials, or a particular space in the venue which was booked, or a particular model which was agreed upon as part of the booking, or similar changes) - in this case we endeavour to offer alternative materials, venue space or models on the day of your event if we are able to offer an alternative.
12.6 Venue changes
London Life Drawing has the right to make any venues changes, within reason, for reasons that require venue changes, including but not limited to: double bookings, venue closed, flooding, electrical failures, suitability especially with regards to wheelchair users, etc. We understand that planning your event takes a lot of time and effort on your part and we will always endeavour to make such changes as soon as possible; however, where necessary, such a change can be implemented up to the day before (ie. any time up to 23.59pm on the day prior to the day of the event booked) with notification given as soon as possible to the Lead Customer. Please understand that we will do our best to ensure messages reach the Lead Customer but it is ultimately up to the Lead Customer to check voicemails, messages and emails in the run-up to each activity. It is extremely rare that we make changes within 14 days prior to your event and if we feel we have to, we will always endeavour to get a venue at least similar if not greater in quality, and as close as possible in location to your original venue. In the event of a like for like venue being found no refunds will be offered and we will not be liable for damages or compensation, i.e. Travel costs, hotels, other charges etc.
12.7. Other complaints
Complaints regarding product quality, staff attitude and venue facilities will be dealt on a case to case basis. If you choose to leave your event(s) early against the wishes of the staff or ask for your event to be finished early against the wishes of the staff, no refund will be provided.
13.1 Changes due to circumstances beyond our control
We will not be liable to pay any compensation if we are forced to cancel or in any way change your Arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include, but are not limited to, unavoidable technical problems such as venue power / electricity issues, flooding, transport issues incl. strikes and other civil actions, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity and more.
_14.0 DATA PROTECTION
14.1 Information held about participants
Information about you and members of your Group, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose some of this information to our staff members or to service providers for the purpose of providing you with your Arrangements or for any purpose directly relating to your event From time to time we may contact you by email or SMS with information about special offers or packages. If you do not wish to receive such information, please notify us by email to: email@example.com. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you: any such request should be addressed to London Life Drawing / Adrian Dutton Arts Ltd via email to: firstname.lastname@example.org.
14.2 Information held about the Lead Customer
By booking with us in the role of Lead Customer, where it is considered necessary on our part to inform other participants of your name and email address as part of the event being able to run smoothly, or for example where Group members require help finding the venue or gaining entry to it, or for any other reason we consider important, you agree that your details (mobile number and/or email address) will be shared with any other Group members for the sole purpose of them being able to communicate with you about the booking, for which you assume responsibility. If you do not agree with this, please contact us as soon as possible with an alternative person's contact details for the day(s) of the event.
_15.0 JURISDICTION/GOVERNING LAW
Both parties herewith agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.
_16.0 WEBSITE AND QUOTATIONS
16.1 Website and quote descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions. We are human and we occasionally get things wrong; this means we reserve the right to make changes to and correct errors in our website and quotes at any time. While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact service or product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not that necessarily of the actual venue. Images of events that are being held outside or inside does not reflect your Groups individual event, all images are understood to be for illustration purposes only.
16.1 3rd party websites
Our Websites contains links to third party websites or companies, for example Spotify or Youtube. These links are provided as a convenience to you and not as an endorsement by us of the contents on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. Accessing linked third party websites is done at your own risk. Any Group member or other person accessing these links does so on their own accord and at their own risk, and we cannot be held liable for content you encounter whilst you are on sites other than these websites: www.adriandutton.com or www.londonlifedrawing.com.
16.2 Use of information we hold about youfor marketing purposes
We may use the information we obtain relating to you, including your name, mailing address and e-mail address for our internal business and marketing purposes please see section "14.0 Data Protection" and following for further information.
16.3 Enquiries do not constitute bookings
We do not regard the sole submission of an enquiry form to constitute a confirmation of booking. Please see section "1.0 BOOKING" and following for details of when an enquiry and exploratory communications between you and us become a contract. In making a booking with us, acceptance of our booking T&C is implied and understood and in the case of Group bookings, it is equally understood that the person making the booking is responsible for making all members of his or her Group aware of these conditions. All prices quoted are inclusive of VAT.
_17.0 PARTICIPATION AND TRAVEL INSURANCE
17.1 Insurance for activities and travel
You should take out travel insurance suitable to cover all aspects of your Arrangements independently, if you choose not too you hereby agree to indemnify against us for any claim of loss or injury as you and your Group members participate entirely at your own risk. Booking with us means that you and your Group participate at your own risk, and we shall not be liable for the consequences of your participation at any of our events. Participation in activities that are not booked as part of the booking Arrangements or have been booked independently of or separately to our booking reservations will not be the responsibility of London Life Drawing and we shall not be liable. Please also be aware that some venues may require a security ‘bond’ independently to be placed with them in the form most often of a credit card or cash left with the venue organiser or manager upon check-in. We will do our utmost to give you prior notice where this might happen, but on some occasions we may not have been informed ourselves. We also accept no liability for any damage caused by any member of your Group and will provide your contact details to any supplier(s) seeking to claim compensation from you or your Group as a result of the actions of your party.
17.2 Injuries obtained "under the influence"
You accept and agree to indemnify us and/or our suppliers of any claim for injury, death or failure when participation of the booked activity is conducted whilst under the influence of medication, drugs, alcohol or any other substance, or against the advice of staff or other Group members. Participation within the booked activities is at the sole discretion of the staff members and you may be refused participation or entry if the staff members or members of your Group deem that other staff members, or Group member(s) to be under the influence of medication, drugs, alcohol or any other substance and if this occurs, the staff member's decision is final and we accept no liability whatsoever and you agree to indemnify us of any claim. All staff members, venue staff and venues have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them, and it is agreed herewith that their judgement on these subjects is final and will not be questioned. In such cases all insurances will be invalidated and you will not have any entitlement to a refund of any kind whatsoever. No refunds will be made if you or any Group members choose to leave your Arrangements early or choose, for whatever reason, not to participate in any of the events on your booking. It is understood that although we will try to identify participants under the influence of any substance, we cannot be held liable for not identifying participants who are at risk due to a medical or self-induced condition and who then subsequently go on to injure themselves.
_18.0 COMMUNICATION AND CORRESPONDENCE
18.1 Conducting the event or part of the event before we had time to issue an invoice, or before you had time to pay the invoice
Although all bookings are different, and sometimes things are a little more rushed and urgent than others, we aim to follow the following outline when corresponding about bookings: In the first instance and based on your initial enquiry, a quotate will be emailed to you. Our T&C (the present T&C you are currently reading) will be made available to the person enquiring (Lead Customer) at this stage. Once a booking is made with London Life Drawing the majority of communication will be by email, once an email is received we will try to respond to this email within two working days, save where other timeframes are indicated in these T&C, as is the case for various sections above. If your event is taking place within 10 working days or less of the date of your enquiry please call us by email and place the word URGENT at the beginning of your subject header.
18.2 The customer not receiving our messages does not invalidate any part of our T&C
We are not responsible for emails being filtered into a junk folder or the customer not receiving the email, or the customer not checking their messages, or the customer not receiving them due to a technical problem on their side, and all timeframes set out in these T&C still apply, including the 30 Day Period as well as all deadlines for cancellations, deposits and payments. As standard, we will correspond with you by email. Postal copies can be requested however they may carry a supplemental charge. Maps which we include in our emails are intended as a guide only and are typically copied or screenshotted from Google maps or from the venue(s)' website directly, and London Life Drawing are not responsible should these be inaccurate in any way.
_19.0 T&C OF THIRD PARTIES AND SUPPLIERS
19.1 Third parties
Where any of the Arrangements which are included in your booking are provided by independent suppliers, these suppliers provide these services in accordance with their own T&C, and some of their T&C may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these T&C are available 1) with 15 days of the date of the first event covered by the booking on request from us, 2) thereafter directly from the suppliers concerned.
20.1 You are expected to notify us of any health related issues affecting members of your Group
You must notify us of any medical conditions, health or other issues of any Group member that may affect their participation. Likewise you must notify us of any issue temporarily affecting any memberof your Group, including self-inflicted states of being "under the influence" of for example, but not limited to, alcohol, drugs, medication etc. At the discretion of ourselves or our representatives, staff members, suppliers or venue agents who determine that you or a Group member(s) are not fit to participate in any part of the itinerary due to poor, inadequate or deteriorating health and fitness, or excessive alcohol, drug or other substance consumption (even if not admitted to by that Group member), that part of the itinerary will be cancelled and no refunds will be due.
_21.0 GOVERNING LAW AND JURISDICTION FOR SALES ON THIS WEBSITE
21.1 Sales on this website
Sales on this website are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these T&C and no amendments will be accepted by us. These T&C do not affect your legal rights. We accept no responsibility or liability for the content of web sites which are not under our control that link to this website. We are required by law to tell you that sales can be concluded in English only. We do not guarantee that this web site will be compatible with all customers’ computers.
_22.0 EMAIL OPT IN
22.1 Mailing list or Newsletter
By signing up to the website, for newsletters, or to any of the mailing lists that we operate, you accept that you wish to receive e-mail communication from your designated event organiser and London Life Drawing. These could be e-mails with regards to promotions, offers and information about your own event. If at any time you wish to unsubscribe from these e-mails you can do so on any of our e-mails or by replying to any of these emails asking to be unsubscribed.
_23.0 GENERAL T&C
23.1 Please note:
These T&C are in place to ensure the smooth running and enjoyment of your event. The provisions of these conditions are severable and distinct from one another and, if at any time any one of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired. The headings in these conditions are for convenience only and do not affect the interpretation of the agreement. For the avoidance of doubt nothing in these conditions shall confer on any third party any benefit or the right to enforce any provision of these conditions.
Thank you for your patience.
T&C last amended: 09 July 2017.