1. In this Licence the following expressions shall have the following meanings:
"Box" means that Cobbold Box referred to in the booking form at the Stadium or such other Cobbold Box at the Stadium as Ipswich Town Football Club Limited ("ITFC") may from time to time in its absolute discretion designate on not less than seven (7) days notice to the Box Holder as defined in clause 2 together with those eight (8) seats in the Box
"Box Occupants" means any and all persons (to a maximum of eight (8) persons) permitted to have access to the Box during the Designated Times being the Box Holder's personnel staff and/or invitees. Where a Box licence is shared by more than one Occupant the terms and conditions contained herein shall apply to each party.
"Designated Times" means those periods commencing two and a half hours before the published kick-off time for Matches taking place on a Saturday, Sunday or recognised Bank Holiday in England or 5.30pm for Matches taking place between Monday and Friday inclusive (excluding recognised Bank Holidays in England) and terminating one hour after the final whistle unless other circumstances such as extra-time or a penalty shoot-out prevail and/or such other reasonable alternative times as may be stipulated by Ipswich Town Football Club Limited ("ITFC") and notified to the Suite Occupant in writing from time to time as a consequence of the proper legal business and/or operational requirements of ITFC
"Fees" means the sum set out at clause 3 payable as set out therein
"Ground Regulations" means the ground regulations and conditions of issue in respect of entry to the Stadium as promulgated and placed around the Stadium by ITFC from time to time being as at the date hereof as set out at Match Ticket Conditions
"Licence Period" means the Designated Times
"Match" means all Ipswich Town home matches played at Portman Road including Football League, League Cup, FA Cup and European matches . For the avoidance of doubt all other events including testimonial football matches, concerts or other events are not included in this agreement but where such events are organised and owned by ITFC the Box occupant will be given the first option to purchase the Box. In the event that ITFC is not the event promoter best endeavours will be made to provide the Box occupant with the first option to purchase the Box. Box holders will have access to watch reserve team matches at Portman Road but the Club may provide alternative viewing accommodation depending upon the stands and areas opened for these games.
"Stadium" means ITFC's Stadium & surrounding grounds at Portman Road Ipswich Suffolk IPI 2DA
2. ITFC grants "the Box Holder" a non-exclusive licence ("the Licence") for the Licence Period to use the Box during the Designated Times only in accordance with the provisions set out below.
3. The fee for this Licence is the sum set out in the booking form which will be payable by the Box Holder in cash or cleared funds to ITFC either within thirty (30) days of the invoice date (being the date set out in the booking form) unless alternative payment terms have been agreed . In the event that cleared funds are not received by ITFC prior to the date of issue and posting of the relevant tickets for use of the Box, upon receipt of cleared funds by ITFC in accordance with this clause 3 such ticket(s) can be collected up to and including on the Match day from the ITFC reception and/or guest area (as appropriate). If payment is not received in accordance with this clause 3, this Licence and the order placed using the booking form shall be deemed to have been cancelled by the Box Holder as at the date payment became due under this clause 3 and the terms of clause 4 shall apply as appropriate. For the avoidance of doubt, following any deemed cancellation, ITFC shall be entitled to deal with the Box in such manner as it sees fit including but not limited to the sale of such Box to a third party without prejudice to its rights against the Box Holder.
4.1 A signed booking form confirms the acceptance of these terms and conditions for the duration of the booking as specified on the booking form.
4.2. Any food ordered in advance of a Match will be charged in full to the Box occupant unless the food order is cancelled at least 3 working days prior to the Match.
5. In addition to the use of the Box in accordance with this Licence, the Box Holder will also have the rights and privileges listed in Part I and will receive the services listed in Part II at Designated Times.
6. The Box Holder (where it is not an individual) will immediately after execution of this Licence advise ITFC of the identity and contact details of an individual (being a director of the Box Holder where it is a company, a partner of the Box Holder where it is a firm, or a person of comparable seniority where the Box Holder is a different form of organisation) as the person responsible for its administration and use of the Box and its exercise of its rights and compliance with its obligations under this Licence.
7. The Box Holder agrees to observe and perform, and to procure the observation and performance by its Box Occupants, while the Box is being used by the Box Holder, of the regulations set out in Part III, and any replacement or supplementary regulations from time to time notified to it by ITFC.
8. The Box Holder shall not permit more than 8 Box Occupants (including children, other than babes in arms) to have access to, and use of, the Box on any one occasion.
9. It is agreed by the Box Holder that ITFC shall be entitled, in its discretion, to remove and/or exclude, from the Box and/or the Stadium, any Box Occupant whose behaviour (whether by reason of intoxication or otherwise) is or becomes, (in ITFC's opinion) a nuisance, annoyance, offensive or abusive or (in ITFC's opinion) puts other users of the Box and/or Stadium at risk, and the Box Holder will indemnify ITFC against any claims made against it by any such Box Occupant who has been so removed and/or excluded in conformity with this clause 9.
10. In the event of any non-compliance by the Box Holder with any of its obligations under this Licence it shall fully indemnify ITFC against all liabilities, damages, costs or claims suffered or incurred by ITFC consequent upon such non-compliance and against any costs or expenses incurred by ITFC in attempting to remedy such non-compliance or to enforce its rights under this Licence.
11. If the Box is not available to the Box Holder for the Licence Period in order to exercise its rights under this Licence by reason of any matter, event or thing beyond ITFC's reasonable control (including, but not limited to, executive action instructions of any governing body of football instructions of any competent police authority and/or any governmental local governmental or quasi governmental authority having power to issue any instructions in respect of or affecting the Stadium and/or the use thereof and/or fire, flood or other natural disasters which operate to restrict, or prevent access to or use of the Stadium or any area thereof) ITFC shall not be liable to the Box Holder for any loss of amenity or consequential or other loss suffered or incurred by the Box Holder, save only that ITFC shall reimburse to the Box Holder the Fee or appropriate part of the Fee received by ITFC under the terms of this Licence.
12. In the event that the Match is abandoned or postponed prior to commencement of the Match but following commencement of the provision by ITFC of the catering services provided under this Licence in connection with the Match then ITFC shall have no liability to the Box Holder save that the Box Holder shall be entitled to attend such rearranged Match pursuant to this Licence. The Box Holder in the said circumstances shall be liable to pay for the catering services provided in respect of the postponed or abandoned Match in addition to the cost of any such catering services supplied to it at the rearranged Match.
13. Access to the Club's Conference & Banqueting facilities for non-Designated Times (non match days) will be in accordance with the terms detailed on the booking form and subject to the Club's prevailing Conference and Banqueting terms and conditions.
14. ITFC shall not be liable for any claim, howsoever arising, by the Box Holder or any Box Occupants in respect of any loss, damage, injury or death arising in the exercise or purported exercise of the Box Holder's rights under this Licence, save in respect of death or personal injury caused by ITFC's negligence.
15. This Licence is personal to the Box Holder and it shall not be entitled to transfer either the benefit or the burden of it to any other person.
16. Any approval, consent, notice, counter-notice or other communication to be served or delivered by either party under this Licence shall be in writing and may be personally delivered or sent by pre-paid letter post at first class rate addressed to the intended recipient at its address mentioned in this Licence or by electronic facsimile transmission to the receiver number of the intended recipient communicated by it to the other party at or after the date of this Licence (or to such other address or receiver number as the intended recipient may from time to time notify to the other party pursuant to the provisions of this clause 16) and shall be deemed to have been properly given or delivered:
16.1 (if personally delivered) upon delivery; or
16.2 (if posted) 5 working days after posting in accordance with applicable postal regulations; or
16.3 (if by electronic facsimile transmission) upon print-off on the sender's transmitter of a confirmation of problem-free transmission to the relevant receiver number.
17. The construction, validity and performance of this Licence shall be governed in all respects by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
18. A person who is not a party to this Licence has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term hereof, provided that this does not affect any right of a third party which exists or is available apart from that Act.
PART I
Rights and Privileges of the Box Holder for Designated Times
ITFC shall:-
1. provide the Box Holder with 8 tickets for attendance at the Box during the Designated Times (and the maximum permissible number of Box Occupants, including children other than babes in arms, shall be 8);
2. provide the Box Holder with two car parking spaces for the Designated Times within reasonable proximity to the Stadium such spaces to be occupied upon the terms set out at Car Parking Terms;
PART II
Services for Designated Times
ITFC undertakes during the Designated Times to:-
1. provide catering services to the Box of a proper and commensurate standard, comprising those arrangements referred to in the booking form subject always to ITFC obtaining the relevant licences which cannot be guaranteed in any and/or all circumstances;
PART III
Box Holder's Responsibilities
The Box Holder shall:
1. fully and promptly comply with the terms of this Licence;
2. ensure the safe and orderly conduct of the Box Occupants in the Box and around the Stadium;
3. ensure that all Box Visitors shall be smartly dressed in accordance with any dress code laid down by ITFC from time to time. Replica kit is not permitted save only in the case of ITFC replica kit worn by a child aged under 16 years.
4. not cause (and procure that the Box occupants do not cause) any damage or destruction to the Box, its decor, furnishings or contents (fair wear and tear excepted);
5. comply, and procure compliance by all Box Occupants, with any and all instructions of any ITFC steward or officer and/or any police officer (failure to comply with such instructions may lead to immediate ejection from the Stadium) and all rules, including Ground Regulations displayed around the Stadium, issued by ITFC relating to attendance at, and use of, the Box and other areas of the Stadium;
6. without prejudice to the generality of paragraph 5 above, comply, and procure compliance by all Box Occupants, with the following rules (and/or such additional or alternative rules as may be notified in writing to the Box Holder by ITFC being rules necessitated by the terms of any premises licence issued to ITFC from time to time) which rules in any event include the requirements of the Sporting Events (Control of Alcohol) Act 1985 which if not complied with may result in the arrest by a police officer of a Box Occupant and conviction could result in a Banning Order being made:
6.1 alcoholic drinks may only be taken into the Box until 30 minutes before kick-off time of any Match and alcohol may not be consumed in the Box in the 15 minutes prior to kick-off or for the duration of the game including the half-time break or for the 15 minutes after the end of a Match. This may be varied in accordance with any general licensing restrictions imposed on the Club.
6.2 alcoholic drinks will be served at half time of any match in the bar and consumption of any alcoholic drinks purchased must take place in the bar;
6.3 all general Ground Regulations must be observed at all times.
7. not bring, or permit to be brought, food or drink into the Box which has not been purchased as an aspect of catering services specifically provided to the Box; and
8. allow representatives of ITFC access to the Box at all times to ensure compliance with all of the Box Holder's responsibilities set out in this Part and generally in this Licence by the Box Holder and Box Occupants.
