The definitions and rules of interpretation in this clause apply in this agreement.

Creature: a non-venomous animal or reptile.
Event: an event held at the Event Location
Event Date: the date of the Event.
Event Location: the location of the Event
Event Period: the time that the Services will be provided on the Event Date
Reservation: Your request to Us to provide Services for an Event on the Event Date for the Event Period at the Event Location.
Services: the provision of Creatures at the Event.

Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.

A person includes a natural person, corporate or unincorporated body.

Words in the singular shall include the plural and vice versa.

A reference to writing or written does not include faxes or e-mail.

Where the words include(s), including or in particular are used in this agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

References to clauses and schedules are to the clauses and schedules of this agreement.

We shall provide the Services:

(a) on the terms and conditions of this agreement;

and

(b) at the Event Location; and

(c) on the Event Date; and

(d) for the Event Period

unless we notify you in writing otherwise.

We shall use reasonable endeavours to provide the Boarding in accordance with current industry practice in all material respects.

We shall use reasonable endeavours to:

(a) provide Creatures of Your choice at the Event, but We reserve the right to withdraw or substitute Creatures if We deem this to be necessary;

(b) supply suitably qualified and trained personnel to the Event;

(c) ensure that any Creature used at the Event is non-venomous;

(d) ensure that no Creature used at the Event shows or appears to show any signs of disease or illness or ill health;

(e) ensure that the Creatures do not bite or scratch or otherwise harm any persons within their vicinity although the possibility that this may happen cannot be completely ruled out;

(f) observe all health and safety rules and regulations and any other reasonable security requirements that might be appropriate for the Services.

You must:

(a) ensure that there is sufficient parking available for Our vehicle as close to the Event Location as possible;

(b) provide suitable hand washing facilities for Our use and for the use of any person that comes into contact with the Creatures;

(c) ensure that any person that comes into contact with any Creature treats the Creature with a suitable level of care and respect;

(d) ensure that no person that comes into contact with any Creature behaves in a way that may frighten or startle or worry or concern the Creature;

(e) ensure that any person that comes into contact with any Creature washes their hands thoroughly following such contact;

(f) inform Us if any person that is likely to come into contact with any Creature has any known allergies that might be aggravated by contact with a Creature;

(g) advise Us of anything a reasonable person might consider to be relevant when providing Services at the Event;

You warrant and represent to Us:

(a) that You own and or that You have the legal right to occupy the Event Location;

(b) that Your right to occupy the Event Location will not be breached by Our provision of the Services;

(c) that there is nothing at the Event Location that may risk the health or general well being of any Creature;

(d) that no domestic pets or other animals or livestock will come within the vicinity of any Creature

If Our provision of the Services is prevented or delayed by Your act or omission, We shall not be liable for any costs, charges or losses sustained or incurred that arise directly or indirectly from such prevention or delay.

You must pay Us on demand, all reasonable costs, charges or losses sustained or incurred by Us (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from Your fraud, negligence, failure to perform or delay in the performance of any of Your obligations under this agreement.

If You fail to provide Us with a suitable parking space and We incur a parking fine as a result, You must reimburse this to Us in full without deduction.

If any Creature shows signs of disease or infection or ill health prior to the Event Date then;

(a) We will not use that creature at the Event; and

(b) We will use Our reasonable endeavours to find a suitable replacement

If during the Event Period any Creature displays any symptoms of illness or disease or poor health then We will remove that Creature from the Event and although We will try to find a replacement, We make no warranty or representation of Our ability to do so.

We have already advised you of the Fees for Boarding which must be paid to Us in accordance with this clause 6 .

We may at Our discretion refuse to accept cheques.

You must pay Us a deposit (the “Deposit”) equivalent to 20% of the Fee with Your Reservation. 

If You pay Us Your Deposit otherwise than in cleared funds, this payment must have cleared beyond your bank’s recall before the Event Date.  We will not consider Your Deposit as paid until such time.

Once accepted by Us the Deposit is non refundable.  This applies in all circumstances including if You cancel the Reservation.

The remainder of the Fees must be paid to Us on or before the Event Date.

We will not discount the Fees in any circumstances, including but not limited to:

(a) Your cancellation of the Event;

(b) Your reduction of the Event Period;

(c) Our substitution of any Creature at the Event;

(d) Our removal of any Creature from the Event;

(e) Our failure to supply any specific Creature requested by You.

Without prejudice to any other right or remedy that We may have, if You fail to pay Us any amount owed to Us by the due date, We may:

(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds TSB Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and

(b) suspend all Services and refuse additional Reservations until payment has been made in full.

Our ability to provide Services is limited and You must therefore provide Us with Your Reservation as soon as possible to avoid disappointment.

You must pay Us the Deposit with your Reservation.

If We choose to accept Your reservation We will notify You either in writing or by telephone.

If You wish to cancel Your Reservation You must provide Us with written notification a reasonable period prior to commencement of the Services being not less than 14 days.

Unless You provide Us with the notice required at clause 8.1 the full amount of the Charges will be due to Us.

If We have to cancel the provision of the Services:

(a) We will give You as much notice as possible; and

(b) We will endeavour to agree an alternative Event Date with You

If We are unable to agree an alternative Event Date with You then We will refund Your Deposit to You in full.

This clause 9 sets out Our entire financial liability.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

Nothing in this agreement limits or excludes Our liability for:

(a) death or personal injury of a human being resulting from negligence; or

(b) any damage or liability incurred by You as a result of Our fraud or fraudulent misrepresentation; or

Subject to clause 9.2 and clause 9.3 :

(a) We shall not be liable for:

(ii) loss of business; or

(iii) depletion of goodwill or similar losses; or

(iv) loss of anticipated savings; or

(v) loss of goods; or

(vi) loss of contract; or

(vii) loss of use; or

(viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

(b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Services.

You are strongly urged to ensure that You have sufficient insurance to cover any potential losses that may be incurred by You relating to the Event and Our provision of the Services.

A notice given to a party in connection with this agreement:

(a) shall be signed by or on behalf of the party giving it;

(b) shall be:

(i) delivered personally; or

(ii) sent by pre-paid first-class post or recorded delivery.

Our address for service is 95 Westbury Road, Southed on Sea, Essex  SS2 4DL

Your address for service is the address You have notified Us as being Your home address

If a notice has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows: 

(a) if delivered personally, at the time of delivery; or

(b) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second day after posting

To prove delivery, it is sufficient to prove that if sent by pre-paid first class post, the envelope containing the notice was properly addressed and posted.

A notice or other communication required to be given in connection with this agreement shall not be validly served if sent by e-mail.

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond Our reasonable control.

Prior to the Event Date You must provide Us with proof of your identification and current address.  Such proof can include sight of your passport, driving licence, recent utility bill, or bank statement.  We may take copies of these documents for Our records.

No variation of this agreement shall be valid unless it is in writing and signed by You and Us.

A waiver of any right or remedy under this agreement is only effective if given in writing.

Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected.

This agreement constitutes the whole agreement between You and Us and supersedes any previous arrangement, understanding or agreement relating to the subject matter of this agreement.

You must not assign any of Your rights or obligations under this agreement.

Nothing in this agreement is intended to, or shall operate to, create a partnership between You and Us, or to authorise either You or Us to act as agent for the other.

A person who is not a party to this agreement shall not have any rights under or in connection with it.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).