Craig Davies trading as Lock Down Escape E G Limited
Scope – these Terms & Conditions (“the Terms”) shall apply to all bookings made with Lockdown to the extent that the Terms do not conflict with any express terms incorporated into any other contractual undertaking between Lockdown and the Lead Person named on the booking form (“the Lead Person”) making a booking with Lockdown on behalf of themselves and the rest of the persons named on the booking form (together “the Party”). The Terms shall prevail over all other terms & conditions which the Lead Person seeks to impose or incorporate either within any communication from the Lead Person or implied by trade, custom or practice or course of dealing unless otherwise expressly agreed in writing by Lockdown.
The Contract – by making a booking with Lockdown, either directly or via their website [www.lockdownescapeeg.co.uk] the Lead Person is offering to purchase Services from Lockdown on the basis of these Terms. In making the booking the Lead Person confirms that:
- They have read these terms & conditions and that they agree on behalf of the Party that they will be bound by them including any other members of the Party who join after the booking date;
- They are over 16 years of age and resident in the UK;
- The Party complies with the age restrictions specified for the use of the Services;
- They are responsible for payment of the total booking value together with any subsequent cancellation or amendment charges.
- A booking can be made either online or by email or by phone;
- The price is set according to the number of people participating in the Party;
- Payment can be made via any major credit or debit card.
The contract shall only be formed when Lockdown, at their absolute discretion, acknowledges acceptance of the order in writing or the commencement of delivery of the Services, whichever occurs first. No pricing made available by Lockdown shall constitute an offer capable of acceptance and Lockdown expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by Lockdown in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. The Lead Person is responsible for checking that the terms and details of any booking are correct and accurate and must advise Lockdown of any inaccuracies or faults.
Contract Variations –
- Lockdown reserves the right to vary or alter the specifications of its Services at any time and without notice unless otherwise agreed in writing with the Lead Person.
- Any contract variation by the Lead Person must be submitted in writing to Lockdown for assessment as to impact on price. Such variation will not have contractual legal effect until agreed in writing by both parties.
“Services” – Services governed by these Terms means any Services produced or sourced by Lockdown as listed in the order and may include:
- Standard Services – these are part of Lockdown’s standard range of Escape Room Games which are available for purchase by all Lead Persons and are publicised as being for general sale in company marketing documents and/or on the company website;
- Bespoke Services – these are non-standard Services designed and produced by Lockdown to the explicit instructions and requirements of the Lead Person.
- All pricing quoted is exclusive of VAT and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
- Lockdown will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law.
- Lockdown will require full payment to be made at the time of booking.
- Time for payment shall be of the essence and admission to Lockdown will not be permitted unless full payment has been made.
Admission restrictions –
- Minimum age for admission is 12 years old. The Lead Person accepts and confirms that they will accept responsibility for the behaviour and welfare of all members of the Party who are aged under 18;
- Children between the age of 16-17 must be accompanied by at least one adult 18 or over;
- The Lead Person may be asked for proof of identity including confirmation of phone number, email address and age before admission is allowed and they should bring proof with them. If the Lead Person has misrepresented their age at the time of booking then admission will be refused without refund;
- Disabilities and/or medical problems. The nature of the Services available through Lockdown is such that they may not be appropriate for some people with certain disabilities or medical problems. If any member of the Party has a disability or medical problem then the Lead Person must provide full details at the time of booking so that advice can be given as to the suitability of the Services and/or any reasonable adjustments that can be made to accommodate the disability/medical problem. Depending upon the disability/medical problem a doctor’s certificate may be required that certifies that the person is fit to participate in the Services. Provisions of such a certificate will be the responsibility of the Lead Person at their expense. If Lockdown, at its sole discretion, decides that it is unable to properly accommodate the needs of the person then the booking will not be confirmed. If details of any disability or medical condition are not revealed at the time of booking but become evident at a later date then Lockdown reserves, at its sole discretion, to cancel the booking and charge cancellation fees accordingly;
- If the Party do not arrive on time then Lockdown reserves the right to cancel the booking without refund. A booking becomes a no-show and will be cancelled and entry declined if the Party is more than 15 minutes late;
- If any member of the Party arrives in an intoxicated or otherwise unsafe state then at the sole discretion of Lockdown the individual(s) or the entire Party may be refused admission and the booking will be cancelled without refund. Lockdown operates a zero-tolerance policy regarding acts of violence, threats of violence or behaviour that is either discriminatory, racist or is, in any other way in Lockdown’s opinion, offensive towards its employees and/or any other Lead Persons present and if there is any such behaviour then the offender will be refused admission and the police may be called and action(s) either criminal and/or civil may be brought against the offender;
- Members of the Party should wear proper and suitable attire, including footwear, and Lockdown reserves the right to refuse admission if this is not the case without refund;
- If less members attend than it is booked for then the price difference will not be refunded;
- If more members attend than are booked for then they will be accommodated if possible up to the maximum number allowable (5) as long as the price difference is paid upon arrival either by cash or by credit/debit card.
Lead Person’s responsibilities, liabilities and duties – Lockdown is designed to be a fun experience for all involved but inappropriate behaviour can damage the enjoyment for others and threaten their safety. The Lead Person is responsible for the conduct of themselves and the behaviour of the members of the Party. Accordingly:
- The Lead Person is responsible for ensuring that they and the Party are present for the safety and event rules briefing and that they pay attention to the briefing and note its contents;
- The Lead Person and the Party confirm that they will behave in accordance with the Escape Room Game rules as instructed by Lockdown. If any member of the Party fails to do so and in the process behaves in a way that could cause injury to others and/or could cause damage to the premises, its contents or the personal possessions of employees or other Lead Persons then they may, at Lockdown’s sole discretion, be asked to leave immediately without refund;
- Lockdown operates a zero-tolerance policy regarding acts of violence, threats of violence or behaviour that is either discriminatory, racist or is, in any other way in Lockdown’s opinion, offensive towards its employees and/or any other Lead Persons present and if there is any such behaviour then the offender will be asked to leave without refund and the police may be called and action(s) either criminal and/or civil may be brought against the offender;
- All members of the Party undertake not to bring any object that could be dangerous, harmful or hazardous onto the premises. This includes, but is not limited to, explosive items including fireworks, sharp items capable of wounding or causing lacerations to the skin, anything that would be viewed by the police as a weapon or any other item that could cause harm to any other person on the premises. If such an object is found then each member of the Party hereby grants Lockdown the right to remove and confiscate the item or to demand that the offender leaves the premises immediately without refund. Lockdown reserves the right to report any such incident to the relevant and interested authorities;
- Each member of the Party hereby agrees that Lockdown is entitled to charge members of the Party for any damage which is caused either intentionally or because of misuse of items;
- All items brought into the premises by members of the Party are done so at their own risk. Lockers are provided for the storage of such items but use of these lockers is at the sole risk of the members of the Party and Lockdown accepts no liability or responsibility for items stored in these lockers;
- Mobile phones and/or any device capable of recording images or sound are expressly forbidden from the game area and no member of the Party is allowed to record or capture in any form any photograph, video, film, tape, audio recording whatsoever whilst on the premises either before during or after the game. If such a recording in any form is found by Lockdown then each member of the Party hereby grants Lockdown the right to delete, remove any such recording or to transfer them to a device owned by Lockdown upon which each member of the Party hereby agrees that the copyright in any such recording will be assigned exclusively and irrevocably to Lockdown;
- The Services are designed for parties of 2-6 people and no parties outside of this number will be admitted;
- Drinks and food are not permitted in the Escape Room area.
Event photos –
- Photos of each Party will be taken during and at the end of each Game by Lockdown;
- These photos will be stored on our server and also uploaded to Lockdown’s Facebook page;
- Photos may also be uploaded to other social media sites without names attached;
- If any member of a Party does not wish to have their photo taken then they must make that request clear to Lockdown at the time of admission;
- Photos of Party members under the age of 18 will not be taken without the express written permission of the Lead Person.
Intellectual Property - all Intellectual Property Rights created during the performance of any contract governed by these Terms is and shall remain the property of Lockdown. This includes any trademarks and logos displayed and no member of the Party may use these without permission. Unless confirmed in writing and signed by an authorised representative of Lockdown nothing in the terms of this agreement shall vest any ownership rights in the Lead Person or any other member of the Party.
Limitation of liability – Lockdown limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
- All representations, warranties and conditions relating to the supply of the Services and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
- Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Services. This includes, but is not limited to, liability in respect of the Lead Person and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time;
Nothing in this disclaimer will:
- Limit or exclude our or our liability for death or personal injury resulting from negligence;
- Limit or exclude our or our liability for fraud or fraudulent misrepresentation;
- Limit any of our liabilities in any way that is not permitted under applicable law;
- Exclude any of our liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- If the Lead Person is a consumer and if Lockdown has agreed your requirements at a face to face meeting away from our premises and the Lead Person has either confirmed the contract at that meeting or immediately after that meeting or has purchased services from Lockdown via an organised distance selling operation then the above Regulations may apply.
- Right to cancel: If these Regulations apply, the Lead Person has the right to cancel the order within 14 days of Lockdown receiving the confirmation of order. In order to do so the Lead Person must cancel the agreement in writing or by fax or email to Lockdown. In the case of contracts for service Lockdown cannot start to supply the service until the 14 days cancellation period has expired unless we receive a request in writing from the Lead Person to start the service within the 14 day cancellation period. PLEASE NOTE: In requesting an early start to the service the Lead Person agrees to forfeit their right to cancel within 14 days as provided for in the Regulations.
- Lockdown shall carry out the agreed services as efficiently as possible, but the nature of the services may mean that we are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Lead Person is agreeing that we need not perform the contract within a maximum of 30 days.
Privacy – Neither party will, under any circumstances, share or sell any of the other party’s details or information to any 3rd party without that party’s prior written consent.
Waiver - no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
Termination of Contract –
- Cancellation by Lead Person - any contract governed by these Terms may not be cancelled by the Lead Person without Lockdown’s prior written consent. Upon giving consent Lockdown reserves the right to charge a cancellation fee relating to Products that are the subject of the contract in order to cover liquidated losses by Lockdown arising from the cancellation.
- Cancellation by Lockdown – Lockdown can terminate any contract governed by these Terms immediately upon written notice to the Lead Person and suspend any further deliveries if the Lead Person fails to perform any of its obligations within the contract.
Force Majeure - Lockdown shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Lockdown’s reasonable control
Notice - Any notice or communication served during the performance of this agreement shall be sent by hand or by recorded delivery first class post to the following address: Lockdown, 18, Warren Rd, Appleton, Warrington, Cheshire WA4 5AG
Severability - the provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions.
Governing Law - Any differences arising between Lockdown and the Lead Person concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
Dispute Resolution - The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
Whole Agreement – These Terms governing any contract established with the Lead Person constitute the entire Agreement between Lockdown and the Lead Person and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Lockdown.