Terms and Conditions
Please carefully read these terms and conditions and make sure that you understand them before proceeding, hosting and/or attending an Event, in particular the liability and indemnity exclusion at Clause 6.2.
By submitting a Registration Form, Booking Form and/or hosting and/or attending an Event, you are expressly agreeing to and will act in accordance with these Conditions (defined below).
In the event of any conflict between these Conditions and any other Guidance or Community Guidelines, these Conditions will prevail.
DEFINITIONS
Booking Form: means the application filled out by a Visitor and submitted to Open City for attendance at an Event;
Community Guidelines means the community guidelines provided by Open City from time to time, the current version of which can be found at the following web link: Community Guidelines;
Conditions: means these terms and conditions;
Contributor: means the entity and/or person identified as a contributor on the Registration Form;
Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR (as defined in section 3(10) (supplemented by section 205(4)) of the DPA 2018); the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and which are applicable to a Party;
Event: means each and every event hosted by Open City, including but not limited to, the Open House Festival;
Force Majeure Event: means any circumstance which is not within a Party's reasonable control including, without limitation:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident; and
(g) interruption or failure of utility service;
Guidance: means any guidance provided by Open City to a Contributor from time to time which relates to their participation in an Event and any material provided by Open City or published on Open City's website, which may be updated by Open City from time to time;
Open City: means Open City Architecture (company number: 03159878 and charity number: 1072104) whose registered office is at C!1, Design District 1a Cripps Yard Soames Walk, Greenwich Peninsula, London, England, SE10 0BQ;
Parties: means Open City and any Contributor and/or a Visitor (as applicable). Reference to a “Party” shall mean any of them as appropriate;
Registration Form: means the application filled out by a Contributor and submitted to Open City for participation in an Event;
Venue: means a building, land and/or other area provided and hosted by a Contributor for use in an Event; and
Visitor: means any visitor to an Event, whether a Booking Form was filled out or not.
REGISTRATION AND/OR ATTENDANCE
Any entity and/or person may submit a Registration Form for participation in an Event (depending on the Event, this may be to host an Event, provide a Venue or contribute in some other way), however, such applicant agrees and acknowledges that such submission does not guarantee that Open City will accept an applicant's participation in an Event.
An applicant may only become a Contributor where Open City has provided its express written acceptance of the same.
Each Contributor warrants that:
upon submission of any Registration Form, all information and images supplied to Open City in relation to an Event, including any and all future information supplied to Open City, has been reviewed, accepted and confirmed by the relevant Contributor to be accurate and correct. If at any time the relevant Contributor becomes aware that they have provided Open City with information which is not accurate and/or correct, the relevant Contributor undertakes to immediately notify Open City of that fact
it will adhere to the Community Guidelines and any Guidance provided by Open City; and
prior to any Event, it has:
read and implemented any Guidance provided at its Venue; and
all necessary permissions, consents, approvals and licences to use and host Visitors at its Venue.
Each Contributor has the opportunity to make changes to its information provided to Open City up to and including one week before the date of the Event. If a Contributor requests changes to its information provided after this period, those changes may be made at Open City's sole discretion.
Any information and/or images submitted by a Contributor, shall only be included in any marketing material (whether physical or online) at Open City's sole discretion.
Visitors may attend Events by submitting a Booking Form or through attendance on the day of the Event. Visitors agree and acknowledge that their contact details will be shared with Contributors and that Open City is unable to, and has not, inspected each Venue, which is the sole responsibility of each Contributor.
Should a Visitor have any particular concern with any Venue and/or Contributor, please do not hesitate to let Open City know by contacting us via: chiefexec@open-city.org.uk
OPEN CITY'S ROLE
Each Contributor agrees and acknowledges that Open City shall (at its sole discretion, and to the extent it deems necessary):
promote any Venues through its channels and media work.
recruit and place volunteers; and
publish a guidebook and website cataloguing all Venues and Contributors;
register Visitor attendance and book tickets.
Open City shall not be responsible for hosting and/or assisting with the production of any events at Venues including inspection of the same.
Open City may, at its sole discretion, accept or reject, in whole or in part, any application by any Contributor and / or Venue to participate in any Event.
CANCELLATION
If a Contributor chooses to cancel its participation and/or withdraw its Venue at any time prior to an Event, the relevant Contributor must give prompt written notice to Open City as soon as the decision has been made, and in any event as soon as possible prior to such Event.
If a Contributor's participation is cancelled or a Venue is withdrawn, the relevant Contributor must advise any registered Visitors, the public and its Venue (if not owned by the relevant Contributor) of the withdrawal of the Venue from or cancellation of its participation in the Event.
Open City reserves the right to postpone or cancel an Event or the participation of any particular Contributor and/or Venue at any time and for any reason. Open City shall use reasonable endeavours to provide each Contributor and any registered Visitors with reasonable notice of any such postponement or cancellation in writing (including by email) as soon as is reasonably practicable in advance of the Event.
Open City reserves the right to cancel the participation of any Contributor in the event the Contributor breaches any of the terms contained in these Conditions, the Guidance or the Community Guidelines.
Each Contributor and Visitor acknowledges and agrees that in no event shall Open City be liable for any loss, delay, damage or other liability incurred by a Contributor and/or Visitor in connection with Open City's postponement or cancellation of the Event, howsoever arising, including but not limited to a Contributor's or Visitor's accommodation and travel costs.
FORCE MAJEURE
Where a Force Majeure Event occurs, Open City may take such steps as it deems necessary to mitigate or address the impact of the Force Majeure Event including but not limited to cancelling or postponing the Event.
Open City is not in any way responsible or liable for failure to host an Event to the extent and for so long as its performance is prevented or delayed because of a Force Majeure Event.
Open City will, as soon as is reasonably practicable, notify Contributors and Visitors in writing providing details of the expected effect of the Force Majeure Event.
LIABILITY AND INDEMNITY
Other than as expressly stated in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
Each Contributor and Visitor agrees and acknowledges that attendance and/or participation at an Event and/or Venue by a Visitor, Contributor, its staff and/or volunteers shall be at their own risk. To the fullest extent permitted by law, Open City shall not be liable for any loss or damage incurred by a Visitor, Contributor, its staff or volunteers in attendance and/or participation at an Event and/or Venue.
Each Contributor is wholly responsible for the safety of all persons (whether Visitors, staff, volunteers or other persons) present at its Venue and each Contributor indemnifies Open City against any and all claims, actions, damage, loss, liabilities, costs, charges or expenses arising, suffered or incurred by Open City and/or any Visitor as a result of the relevant Contributor's participation in the Event and/or use of a Venue (whether directly or indirectly) including any act or default by the relevant Contributor, its agents, staff or volunteers in connection with participation in the Event or the use of the Venue.
The views expressed by any Contributors at a Venue and/or the relevant Event are their own. Open City shall not be liable for the views, acts or omissions of any such Contributor or any other Visitor at an Event. Any information given or distributed as part of an Event and/or Venue shall not constitute advice and should not be relied upon
Each Contributor is responsible for arranging and paying for all insurances required by law for use of a Venue in an Event.
INTELLECTUAL PROPERTY
By uploading, or sending to Open City, information, material, images or other works, each Contributor warrants and undertakes to Open City that the receipt, use and onward supply of the information, material, images or other works by Open City and its permitted sub-licensees shall not infringe the rights, including any intellectual property rights, of any third party.
Each Contributor grants Open City a worldwide, fully-paid up, royalty-free, non-exclusive, sub-licensable, irrevocable licence to use and reproduce any information, material, images, text or other works provided by a Contributor to promote and publicise the Event.
Open City grants each Contributor a limited, fully paid-up, royalty-free, non-transferable, non-exclusive, revocable licence to use Open City's logo and branding (as provided by Open City from time to time) for use solely in relation to an Event.
With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material a Contributor provides to Open City shall be considered non-proprietary and not confidential. Unless a Contributor advises to the contrary Open City shall be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When providing such information, material, images or other works you shall not provide any information, material, images or other works:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; and
which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
DATA PROTECTION
Open City and each Contributor (to the extent they are not an individual) agree to comply with the Data Protection Legislation at all times. Notwithstanding this, the following paragraphs further clarify the rights and obligations of Open City and each Contributor.
Where a Contributor is a legal entity, each Party shall act as data controller where it is processing personal data in connection with an Event. To the extent that a Party becomes a data processor, Open City may, at any time revise this Clause 8 by replacing it with any applicable data controller to data processor standard clauses or similar terms forming part of an applicable certification scheme.
Where a Contributor is an individual, it agrees and acknowledges that it shall process any personal data (Visitor personal contact information) provided solely for the purposes of the Event, unless they are required, or permitted, by Data Protection Legislation (or other laws) to otherwise process that data.
Upon completion, expiry or early termination of an Event, each Contributor shall delete or return the personal data provided to them under the Conditions.
EVENT MANAGEMENT
Each Contributor is responsible for managing its Venue including (but not limited to) its contents, Venue hire (if not owned by the Contributor), and individual promotion of the Venue. All details must be finalised before submitting a Registration Form. Each Contributor agrees to cover all costs involved in holding and managing its event.
It is each Contributor's responsibility to obtain all necessary licenses and permissions required for its Venue, including but not limited to any licensing requirements and any intellectual property rights, licenses or permissions.
GENERAL
These Conditions constitute the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Open City reserves the right to vary or change these Conditions at any time.
If any provision or part-provision of the Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions.
GOVERNING LAW AND JURISDICTION
Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.
The Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.