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Terms and conditions

DEFINITIONS 

  • Malvern College Cricket Festival / We / Us /Our means Malvern College trading as Malvern College Cricket Festival. Malvern College is incorporated by the Royal Charter in England.  The registered office is at College Road, Malvern, Worcestershire WR14 3DF 

  • You / Your means the person/s who have submitted the completed application form for a place on the Festival

  • Festival means the Cricket Festival provided by Us to the County

  • Festival Manager means the person appointed by Malvern College to be responsible for the day-to-day running of the Festival. 

  • Team means the Team named in the application form. 

  • Player means an individual member of the Team.

  • Fees means the fees payable for the Festival by the County and includes the Deposit and certain insurances. 

  • Deposit means the initial deposit payable by the County in accordance with these terms and conditions.  

 

ENROLMENT 

  • Places on each Festival are strictly limited and subject to availability and to Malvern College Cricket Festival being able to meet and continue to meet the County’s needs. You are advised to apply as early as possible. 

  • Application is made by the County completing and submitting the application form and paying the initial Deposit of £1000. Please note that the Deposit is part of the full Fee and not an additional cost.   

  • An enrolment is not valid until the Deposit has been paid and the County’s place on the Festival has been confirmed in writing by Malvern College Cricket Festival. 

  • Full payment of the balance of the Fees (including any additional charges) must be received:  no later than 6 weeks prior to the Festival start date.

  • Once the full Fees have been received, You and the County will be sent details of the Festival. You acknowledge that We may make changes to the Festival programme as considered reasonably necessary by the Festival Manager. 

  • By completing the application form, the County confirms that the County have provided all information required and that it is accurate and correct. Please see the Section below titled Cancellation and Termination for information about the consequences of providing incorrect, inaccurate or incomplete information.  If at any subsequent time We find the information to be incorrect, inaccurate or incomplete, We reserve the right to terminate this agreement with immediate effect and to require the County to leave the Festival. In this case, there will be no refund of the festival Fees and the County will be responsible for the costs of repatriation. 

 

CANCELLATION AND TERMINATION 

  • Please contact Us immediately if the County wish to cancel the place on the Festival (see also Liability and Insurance section below). 

  • If this Agreement is made entirely at distance by means of post, or electronic communication without the County meeting face to face with a member of the Malvern College Cricket Festival staff during the contractual process, You have the right to cancel this agreement at any time within 14 days of the day after the County receive confirmation of the place on the Festival (Cancellation Period).  In such circumstances, any payment made by the County will be refunded pro-rata if  We have provided any services under this Agreement. Information about the right to cancel and how to cancel is set out in the cancellation notice and form appended to these terms and conditions.  

  • Where applicable by entering into this agreement The County are requesting that services be provided within the Cancellation Period and are agreeing to pay for them irrespective of any cancellation rights. 

  • After the expiry of any Cancellation Period, refunds for any reason will be granted only in exceptional circumstances and at the sole discretion of Malvern College Cricket Festival. 

  • A confirmed place for the County on the Festival is not transferable to any other County. 

  • If at any time after completion of the application we find the information to be incorrect, inaccurate or incomplete, We reserve the right to terminate this agreement with immediate effect and to require the County to leave the Festival. In this case, there will be no refund of the Fees and the County will be responsible for the costs of repatriation. 

  • If payment of Fees is not made in full as required in the Enrolment section above, Malvern College Cricket Festival reserves the right to terminate this agreement immediately and to retain the Deposit paid. 

AMENDMENTS 

Any amendments to the registration process, if possible and subject to availability, will incur an administrative fee of £50. 

 

LIABILITY AND INSURANCE 

  • We have public liability insurance for Malvern College Cricket Festival. 

  • Any liability of Malvern College Cricket Festival to the player, parent or guardian, in respect of which Malvern College Cricket Festival has insurance cover, shall be limited to the amount of such cover and any such liability. 

  • Nothing in these terms and conditions shall operate to exclude or limit any liability of Malvern College Cricket Festival or Malvern College for personal injury or death caused by the negligence of Malvern College Cricket Festival or Malvern College. 

  • It is the responsibility of the County to ensure that appropriate insurance cover is in place for any cricket bat or other high-value item brought by the County to the Festival. 

EVENTS BEYOND THE CONTROL OF THE PARTIES 

  • An event beyond the reasonable control of  the parties (Force Majeure Event) means without limitation: 

    • acts of God, flood, drought, earthquake or other natural disasters; 

    • subject to the final clause in this section epidemic or pandemic; 

    • terrorist attack, civil war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; 

    • nuclear, chemical or biological contamination or sonic boom; 

    • any law or any action taken by a government or public authority; or 

    • collapse of buildings, fire, explosion or accident, provided always that the inability of either party to pay any amount due pursuant to this agreement (including where such inability arises from a shortfall in revenues which arises directly or indirectly from any of the events described above) shall not constitute a Force Majeure Event. 

 

Provided it has complied with the clause immediately below if a party is prevented, hindered or delayed in performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. 

 

The Affected Party shall: 

  • as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and 

  • use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. 

  • The parties acknowledge that the circumstances of the Covid-19 coronavirus pandemic (or future equivalent circumstances) may affect the nature of the Festival during the 2021/22 Academic Year and thereafter. For the avoidance of doubt any reasonable adjustments to the Festival by Us in order to meet legal obligations, comply with government guidance and to protect the health safety and well-being of staff or students shall not affect the obligation of the County to pay the Festival Fees in accordance with this agreement. 

FESTIVAL RULES 

You will assist and co-operate with Malvern College Cricket Festival in ensuring that: 

  • The Team is on time for all meals, fixtures, activities and excursions provided at the Festival. 

  • The Team follows all reasonable instructions of Festival staff. 

  • The Team does not act in way which disrupts the operation or running of the Festival.

  • The Team keeps his /her room tidy and make their own bed each morning. 

  • The County pay for any damage to property, equipment or rooms caused by the Team. 

  • The Team does not drink or possess alcohol irrespective of his / her age. 

  • The Team does not supply, possess or use drugs or substances. 

  • The Team does not smoke at any time during the Course.  

  • The Team only mixes with students of other genders in the areas of the Malvern College Cricket Festival as agreed by the Festival Manager. 

  • The Team does not engage in any form of bullying or intimidating behaviour.  

  • The Team is in his / her room and silent at the time given by the House Parent (or coach). 

  • The use of mobile phones will be restricted during the Festival and the Team may be asked to hand in his / her mobile phone at certain times of the day. 

  • If the Team is found to have committed a serious breach or repeated breaches of Festival Rules s / he may be required to leave the Festival immediately. In such circumstances no part of the Festival Fee will be refunded and the County will be responsible for the costs of repatriation. 

 

PHOTOGRAPHS AND IMAGES 

We may obtain and use images of the Team / Player for marketing/promotional purposes, including: 

  • Internal displays (including clips of moving images) on digital and conventional notice boards within the Festival premises; 

  • In communications with the Festival community (parents, players, staff, and alumni) including by email, and by post; 

  • On the Malvern College Cricket Festival’s website and, where appropriate, via relevant social media channels, e.g. Twitter and Facebook. Such images would not normally be accompanied by the Player’s full name; and 

  • In the Malvern College Cricket Festival’s brochure, and in online, press and other external advertisements for the Festival. Such external advertising would not normally include the Team or Players name. We will only use images of pupils in suitable dress. We will seek consent from the County and from the Player - if of sufficient maturity and understanding - if We consider the image to be more privacy intrusive.  

  • If the County do not wish for Us to use the Players image the County must notify us by email to Malvern College Cricket Festival at info@malverncollegecricketfestival.co.uk 

  • You are expected to read and discuss the Malvern College Cricket Festival Privacy Notice with the Team before completing the application form. 

CONSENTS 

By accepting these terms and conditions you consent to the Team: 

  • participating in all excursions and activities listed in the programme; 

  • the Festival Manager authorising emergency medical treatment for the Player if We are unable to contact the County. 

 

SAFEGUARDING  

Malvern College’s safeguarding policies, procedures and practices apply to the Malvern College Cricket Festival. Festival staff undergo safeguarding training in accordance with these policies and have been subject to the relevant recruitment and background checks. A link to our policy can be found here: https://www.malverncollege.org.uk/Assets/User/1154-Safeguarding_Policy_2020_V.2NJS.pdf 

 

JURISDICTION  

This agreement is made with the Malvern College Cricket Festival and it, together with each matter relating to the provision of services by Us, is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. 

APPENDIX 

 

MALVERN COLLEGE CRICKET FESTIVAL 

 

CANCELLATION NOTICE AND CANCELLATION FORM 

 

If your agreement with Malvern College trading as Malvern College Cricket Festival was formed entirely by means of distance communication (i.e. by post or electronic communication) without a face-to-face meeting with a member of the Festival staff you may cancel the contract within 14 days.  The 14-day cancellation period will commence on the day following your receipt of your confirmation of a place on the Festival. 

To exercise your right to cancel, you must inform us at the Malvern College Cricket Festival address of your decision to cancel this contract by a clear statement (e.g. a letter sent by post  or an email).  You may use the attached model cancellation form, or your own wording, if you prefer.  You do not have to provide a reason for cancellation when informing the Festival. 

To meet the cancellation deadline you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

Effects of cancellation 

Where we have provided services: If, following our confirmation of the place, we provide services to the Team, and then the County choose to cancel the agreement before the 14-day period expires, you will be liable to pay to us our reasonable costs.  These will be the costs for the actual services provided up to the time you communicate to us your cancellation of the contract, calculated as a proportion of the Festival Fees.  We will return to you, after deduction of our reasonable costs, the balance of Fees and any Deposit paid.

2.         Where we have not provided services:

If the County cancel this agreement within the 14-day period and We have not provided any services, We will reimburse to the County in full any payment of Fees and Deposit received from the County, without undue delay, and not later than 14 days after the day on which we are informed about the decision to cancel. 

Reimbursement of payments made 

We will make any reimbursement due using the same means of payment as you used for payment to us unless we expressly agree otherwise.  The County will not incur any fees as a result of the reimbursement. 

If you have paid to s an amount greater than any costs we have properly incurred, we will reimburse you with the balance, within the timescale and in the manner set out above. 

If you wish to cancel your agreement with Malvern College trading as Malvern College Cricket Festival within the 14-day period, please notify the Cricket Manager by email or letter at the Malvern College Cricket Festival address.

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