All bookings placed with BRENTFORD FC LIMITED ("the Club”’) for Premium Seat Holder, will be governed by these terms and conditions (the Terms). These Terms will create the contract between the Premium Seat Holder and the Club for the purchase of the Licence Agreement (the Agreement). Each Applicant should therefore read this Agreement carefully before confirming the order, as the Agreement explains each party’s legal rights, important information about the Agreement and how the Premium Seat Holder’s application will be dealt with.
1 DEFINITIONS
1.1 IN THIS AGREEMENT the following expressions shall have the meanings shown.
Board means the Board of directors of the Club;
Brentford B means the Club’s B Team from time to time;
Business Days a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
Catering Service Provider means any person or organisation to whom catering rights in the Hospitality Areas have been franchised or assigned;
Club means the Club granting the Rights, being, Brentford FC Limited (Company No. 3642327);
Cooling Off Period means the period starting on the Commencement Date and expiring on the date which is five days from the Commencement Date (or, if the Premium Seat Holder is a consumer, expiring on the date which is 14 days from the Commencement Date);
Commencement Date means the date of signature of this Agreement;
Common Areas means the roads, footpaths, lifts, stairs, escalators, reception areas and concourses necessary for access to and egress from the Designated Areas;
Competitions means the Premier League, English Football League, the Football Association Cup, the English Football League Cup Competition, the UEFA Champions League and the UEFA Europa League; Conference League
Corporate Premium Seat Holder means a Premium Seat Holder which is a limited company, limited liability partnership, other incorporated entity or any Premium Seat Holder whatsoever that has applied for Premium Seat Holder otherwise than in the capacity of an individual;
Data Protection Laws the General Data Protection Regulation and the enacted version of the Data Protection Act 2018 together with any other laws applicable to the protection or processing of personal data in effect from time to time;
Designated Areas means the allocated Seats in the Stadium shown on the Seating Plan and the Hospitality Areas on the Application. (as designated by the Club at its absolute sole discretion);
First Team means the first XI men’s football team representing the Club;
First Match Date means the date upon which a Premium Seat Holder can attend the first Relevant Event occurring at the Stadium using their Licence Agreement to attend such Relevant Event:
Ground Regulations means the Club’s ground regulations applicable to the Stadium, as amended from time to time at the Club’s sole discretion, which will be displayed at the Stadium and available at www.brentfordfc.com/policies-and-regulations and which are incorporated into this Agreement;
Home Matches means all home football matches to be played by the First Team at the Stadium during any Season in any of the Competitions;
Hospitality Areas means the designated areas allocated to Premium Seat Holders as per the Licence Agreement;
Individual Premium Seat Holder means a Premium Seat Holder who is an individual (i.e. who is not a company) and includes a partnership of less than four Licence Agreement;
Licence Agreement means the annexed Licence Agreement setting out the Term, the Licence Fee, Monthly Payment and all other terms agreed during the booking process in respect of the Premium Seat Holder(s);
Licence Fee means the upfront joining fee which is payable as set out during the sales process payable in accordance with these Terms;
Premium Seat Holder means the Premium Seat Holder by which the Club grants the Licence Agreement to a Premium Seat Holder;
Premium Seat Holder Benefits means all the benefits listed at Schedule 1;
Monthly Payment means a monthly instalment of the Licence Fee, which is payable in such amounts and frequency as set out during the sales process and confirmed on the Licence Agreement(s);
Opening Hours means such periods during which the Stadium remains open in connection with each Relevant Event, which is typically 2.5 hours prior to kick-off and 1 hour after full time of a Relevant Event, provided that the Opening Hours in respect of the Hospitality Areas shall not in any event exceed the hours permitted for the use of these by Relevant Legislation and/or any Regulations relating to the Designated Areas;
Regulations means the provisions from time to time of the general safety certificate applying to the Stadium, the bye-laws, rules, regulations, orders, directions, codes of practice and other guidelines of the London Borough of Hounslow, the Metropolitan Police Service, the London Fire Brigade, the Footballing Licensing Authority, The Football Association Limited (FA), the Federation Internationale de Football Association (FIFA), the Union des Associations Européennes de Football (UEFA), the European Commission and any other authority or organisation that has jurisdiction or authority in relation to the holding of Home Matches from time to time;
Relevant Events means all ticketed Home Matches and B Team matches which are to take place at the Stadium;
Relevant Legislation means any Act of Parliament and any European Community Legislation or decree or any other legislation or decree having effect of law of the United Kingdom and reference to “Relevant Legislation” shall include any statutory modification or re-enactment for the time being of any enactment and any orders or regulations permissions or directions made or issued under it or any enactment replaced by it or deriving validity from it.
Rights means the rights set out in Schedule 1;
Seat(s) means the Seat(s) allocated to the Premium Seat Holder by the Club as designated on the Seating Plan;
Seating Plan means the plan of the Seats available for inspection at the Stadium and provided to the Premium Seat Holder during the sales process;
Season means the football season, usually commencing on the 1st August and continuing up to and including the last day of the third week of May in the next calendar year;
Stadium means the new Brentford Community Stadium, or such other name as it may become known, where the First Team plays its Home Matches and which is located at Lionel Rd South, Brentford, London TW8 0JA (or any new designated postcode);
Term means, unless terminated earlier in accordance with this Agreement, from the Commencement Date until 2071 for which the Premium Seat Holder has use of the Designated Area and the Seat(s) commencing on the First Match Date as set out in the Licence Agreement;
Ticket(s) means any stadium access ticket, e-ticket, voucher, booklet, card, or other accreditation for Hospitality Area access, or other such entry materials which are provided by the Club to the Premium Seat Holder to enable the Premium Seat Holder to exercise the Rights and Premium Seat Holder Benefits;
Ticket Holder means any person other than the Premium Seat Holder who is in possession of a Ticket made available to them by the Premium Seat Holder pursuant to this Agreement; and
Womens Team means the Club’s Womens team from time to time.
2. SALES PROCESS
2.1 To purchase Premium Seat Holder, the individual shall complete, sign and return the Licence Agreement to the Club.
2.2 The individual agrees that by returning the signed Licence Agreement to the Club to be bound by the terms of this Agreement from the Commencement Date and shall only become a Premium Seat Holder when all of the following occur:
2.2.1 the first Licence Fee has been paid in full by the Applicant;
2.2.2 the Licence Agreement has been fully completed and signed;
2.2.3 the Club has notified the individual in writing via email that the Licence Agreement has been confirmed; and
2.2.4 the Stadium has been issued with safety certification by the relevant authorities including the London Borough of Hounslow, in order to allow the playing of Home Matches.
2.3 These Terms are non-negotiable. If the individual and/or business would like to change or amend the details submitted on the Licence Agreement, they must contact Premium Services via email at [email protected], by phone 020 8380 9930 or in person at the Club’s offices at 6th Floor, 27 Great West Road Brentford TW8 9BW.
3. PREMIUM SEAT HOLDERS
3.1 Premium Seat Holders are sold subject to availability and in the Club’s sole discretion and the Club expressly excludes all liability for any loss, expense or other type of claim arising as a result of any unsuccessful attempt to sign up to a Licence Agreement.
3.2 The payment of the relevant Licence Fee will entitle the Premium Seat Holder to a Licence Agreement for the Term, unless this Agreement is terminated according to its terms.
4. FEES AND PAYMENTS
4.1 The Premium Seat Holder agrees to pay the Licence Fee, specified on the Licence Agreement immediately on delivery of the completed Licence Agreement to the Club.
4.2 Subject to the individual and/or business meeting the criteria set under these Terms, the Club will process and send a confirmation email as soon as reasonably practicable after receipt of the completed Licence Agreement. The Club may accept or reject applications in its absolute discretion.
4.3 Upon being approved as a Corporate Premium Seat Holder by the Club:
4.3.1 the Corporate Premium Seat Holder shall, subject always to clause 4.5. pay the Monthly Payments to be settled as consecutive monthly Direct Debits for the length of the Term deducted from its designated bank account, with the first Monthly Payments payable one month before the First Match Date on the 1st of the month or within 14 days of receiving an invoice from the Club whichever is earlier (save where otherwise stated on the Licence Agreement).
4.3.2 Monthly Payments where the Premium Seat Holder is a Corporate Premium Seat Holder are a fixed amount for the Term of the agreement save for:
(A) upon confirmation of the Club’s relegation, whereupon the Monthly Payments will decrease by 25% per month, such decrease commencing on the next 1st of July payment date.
(B) upon confirmation of the Club’s promotion, whereupon the Monthly Payments will increase by 25% per month, such increase commencing on the next 1st of July payment date; or
4.4 Upon being approved as an Individual Premium Seat Holder by the Club:
4.4.1 the Individual Premium Seat Holder shall pay the Monthly Payments to be settled as consecutive monthly Direct Debits for the length of the relevant Season deducted from its designated bank account, with the first Monthly Payments payable one month before the First Match Date on the 1st of the month or within 14 days of receiving an invoice from the Club whichever is earlier (save where otherwise stated on the Licence Agreement).
4.4.2 the Individual Premium Seat Holder will be given the opportunity to apply to pay for the Licence Fee for each Season during the Term by Monthly Payments. However, neither the Individual Premium Seat Holder nor the Club is under a commitment for those fees to be paid by Monthly Payments for any period which extends beyond the current Season.
4.5 Each Corporate Premium Seat Holder shall have the option to pay the Licence Fee in full in a single amount instead of by way of Monthly Payments. Where the Corporate Premium Seat Holder chooses to pay by a single upfront payment the Club will issue an invoice for the Licence Fee and Licence Fee which will be payable, by such method as the Club shall reasonably require, within 14 days of its date.
4.6 All Licence Fees and Monthly Payments are exclusive of VAT and the Club reserves the right to charge an administrative fee on payments made using certain payment methods. Information of any such charges will be made available by the Club and it is the responsibility of the Premium Seat Holder to check payment information carefully. A valid receipted VAT invoice will be issued by the Club monthly within 7 days of receipt of each payment in each month.
4.7 Subject to:
4.7.1 receipt by the Club in cleared funds of the Licence Fee and the Monthly Payments;
4.7.2 the Premium Seat Holder's adherence to these Terms; and
4.7.3 purchase of the Licence Agreement shall entitle the Premium Seat Holder to receive the Rights and Premium Seat Holder Benefits for the duration of the Term.
4.8 In the event that a Premium Seat Holder fails to pay the applicable Monthly Payment on the due date or any other payment due under or in respect of this Agreement on the due date for payment (a Late Payment), then in addition and without prejudice to the Club’s right to terminate this Agreement under clause 12.5.6 and/or refuse entry under clause 7.2, the Club may charge interest to the Premium Seat Holder on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
4.9 In the event that a Premium Seat Holder fails to pay the applicable Monthly Payment on the due date then, without prejudice to any other rights the Club has under this Agreement, the Club may at its discretion refuse entry to the Stadium pending payment by the Premium Seat Holder of all outstanding amounts due and payable.
5. SEAT ALLOCATION and DESIGNATED AREAS
5.1 The location of each Seat will be agreed between the Club and the Premium Seat Holder in accordance with the Seating Plan. The block, row and seat number of the Premium Seat Holder’s Seat(s) is shown on the Ticket which will be provided to the Premium Seat Holder prior to the First Match Date.
5.2 During the Term, the location of, and access to, any part of the Stadium and the Designated Area may be improved, altered or modified at any time by the Club where this is required for operational reasons (for example and without limitation, to facilitate the refurbishment or redevelopment of certain areas of the Stadium). The location of the Premium Seat Holder’s Seat(s) may therefore be subject to change, but any such change will be notified to the Premium Seat Holder by the Club.
5.3 If the Club determines that all or any relevant part of the Stadium or the Designated Area is unavailable due to:
5.3.1 health and safety requirements, the Ground Regulations or other Regulations;
5.3.2the need for repairs or alterations to be made to the Stadium, the Designated Areas (or any relevant part) or any fixtures or fittings therein and such repairs or alterations are in the Club’s opinion necessary or desirable; or
5.3.3 any other requirements deemed necessary at the Club’s sole discretion,
the Club will use its reasonable endeavours to provide the Premium Seat Holder, with alternative seating elsewhere in the Stadium or, where the Stadium is unavailable, such other stadium where the First Team plays its home football matches in any competition (in which case the terms of this Agreement shall apply equally to such seats and such stadium), for each of the Premium Seat Holder’s Seat(s) which is unavailable.
5.4 Where it is necessary to relocate a Premium Seat Holder’s Seats under this clause 5, the Club will use reasonable endeavours to keep all Premium Seat Holder Seats purchased together in the same area.
6. TICKETS
6.1 Tickets are issued subject to the Ticket terms and conditions of use in force from time to time, the current version of which is set out online at www.brentfordfc.com/terms-conditions/.
6.2 Admittance to the Stadium and the Designated Areas, shall only be permitted upon the satisfactory production by a Premium Seat Holder or Ticket Holder of a valid Ticket. Any person seeking to use a Ticket on more than one occasion at the same Relevant Event or which has been cancelled or suspended may be considered to be a trespasser and may be refused entry to, or ejected from, the Stadium and such acts shall be deemed a breach of these terms and conditions and the provisions of clause 11 shall apply.
6.3 All Tickets issued by the Club remain the property of the Club and must be returned to the Club immediately upon request.
6.4 Premium Seat Holders must notify the Club immediately in the event that a Ticket is lost or stolen. The Club may, in its absolute discretion, provide duplicate Tickets and reserves the right to charge a fee of £50 for the issue of any such replacement.
6.5 No one under the age of 16 shall be permitted to enter the Designated Area unless accompanied by an adult.
7. RE-SALE, TRANSFER AND ASSIGNMENT
7.1 The rights of the Premium Seat Holder under this Agreement and any Premium Seat Holder are personal to Premium Seat Holders and a Premium Seat Holder shall not, without the prior written consent of the Club, assign, transfer, sell, offer to sell, novate, licence, hire, grant or dispose of any of his/her rights under this Agreement (or any interest in such rights) to any other person save as provided for in this Agreement.
7.2 The Premium Seat Holder may permit a Ticket Holder, for no charge or commercial gain whatsoever to the Premium Seat Holder, to use a Ticket and to enjoy the Rights provided to the Premium Seat Holder pursuant to this Agreement on a Relevant Event by Relevant Event basis provided that:
7.2.1 the Premium Seat Holder shall remain liable for the acts and omissions of the Ticket Holder;
7.2.2 any use by a Ticket Holder of a Ticket is provided subject to the terms of this Agreement which will (save for any rights to transfer under this paragraph) apply to and bind that Ticket Holder as if he/she had entered into this Agreement (and the Premium Seat Holder must inform the Ticket Holder of this);
7.2.3 and any breach of this Agreement by a Ticket Holder shall be deemed to be a breach by the Premium Seat Holder themselves.
7.3 Premium Seat Holder is personal to a Premium Seat Holder and Premium Seat Holders shall not be entitled to transfer their Premium Seat Holder (“Premium Seat Holder Transfer”), along with all rights and benefits to another named individual or company, without the Club’s prior written approval (at its absolute discretion). The Club retains the right to deny the Premium Seat Holder Transfer if it reasonably suspects that the transfer will be to the Club’s detriment. If the Club is willing to accommodate the proposed Premium Seat Holder Transfer, the Premium Seat Holder shall:
7.3.1 inform the Club of the Premium Seat Holder Transfer and comply with the Club’s reasonable instructions and directions to effect such Premium Seat Holder Transfer at the Premium Seat Holder’s own cost;
7.3.2 ensure that the individual who will receive the Premium Seat Holder Transfer completes an Licence Agreement; and
7.3.3 once the Club has approved the named individual or company (the “Transferee”), the Premium Seat Holder must pay the Club prior to the Premium Seat Holder Transfer being processed, an administration fee of £100 per Premium Seat Holder, plus £50 per Seat (if the Premium Seat Holder includes multiple Seats), plus VAT for the production of a new Premium Seat Holder and Tickets to be issued in the new Premium Seat Holder’s name.
7.4 Upon a transfer taking effect pursuant to clause 7.3 the Transferee shall become entitled to enjoy the Rights previously enjoyed by the transferring Premium Seat Holder, become liable for all of the transferring Premium Seat Holder’s liabilities under this Agreement and otherwise be subject to the terms and conditions of this Agreement. For the purposes of this Agreement, with effect from a transfer being agreed to by the Club, all references to the Premium Seat Holder shall be construed as references to such Transferee. For the avoidance of doubt, a Premium Seat Holder Transfer must include transfer of all Premium Seat Holder and associated Premium Seat Holder Benefits to a Transferee and cannot be any part transfer or transfer elements of a Premium Seat Holder.
7.5 The unauthorised sale or disposal of any Ticket obtained by the Premium Seat Holder (or any other Ticket Holder) under this Agreement may amount to a criminal offence under section 166 of the Criminal Justice and Public Order Act 1994, as amended by the Violent Crime Reduction Act 2006. The Club will inform the police if it becomes aware, or has reasonable suspicions that any Ticket obtained by the Premium Seat Holder (or any other Ticket Holder) under this Agreement has been sold illegally. If the Premium Seat Holder is convicted of a ticket touting offence, or we reasonably suspect the Premium Seat Holder to have committed such an offence, the Club will notify Premier League and/or English Football League (as applicable), who may in turn notify other clubs in the relevant league, and/or the UK Football Policing Unit. The information that the Club shares may include your personal details, information about the offence and about ticket purchases (including payment details). The Club will use this to identify and prevent ticket touting offences and disorder at matches.
7.6 Upon notification of the death of a Premium Seat Holder, should the Premium Seat Holder so bequeath it in their last will and testament or should the immediate family of the Premium Seat Holder so request, the name and address of the Premium Seat Holder can be transferred into the name of a new, immediate family member at no charge, subject to the sole discretion of the Club. Should the change in name and address be requested for a non-family member, an administration fee will apply as per Clause 7.3.3.
8. OBLIGATIONS OF THE PREMIUM SEAT HOLDER
8.1 The Premium Seat Holder shall and shall procure that the Ticket Holder shall:
8.1.1 comply with all rules and regulations imposed by the Club and/or any Football Authority from time to time in respect of the admission to, and attendance at, the Stadium, including, without limitation, the Ground Regulations and any restrictions imposed by the police or any other relevant authority in relation to any Home Match or other Relevant Event from time to time;
8.1.2 not do anything which may cause a nuisance or annoyance to the Club or to any other Premium Seat Holders in the exercise of the Rights, as determined in the absolute discretion of the Club;
8.1.3 not engage in any abusive, dangerous or other unacceptable and/or discriminatory behaviour in any form (whether physical, verbal or other) nor treat the Club staff or any other person (including any other Premium Seat Holders of Designated Area, spectators or visitors to the Stadium or local residents) in a threatening or abusive manner;
8.1.4 use the Designated Area and the Stadium in a proper and lawful manner and according to the Ground Regulations in regard to entry to the particular Designated Areas under the Licence Agreement;
8.1.5 pay all charges incurred by the Premium Seat Holder in respect of catering services in accordance with the conditions for payment specified from time to time by the catering provider;
8.1.6 not bring food or drink for consumption into the Designated Areas nor bring into the said areas any substance, material or item which is in contravention of the Ground Regulations including any item of an objectionable nature as determined in the absolute discretion of the Club;
8.1.7 ensure that neither the Designated Area (or any part thereof) nor any other part of the Stadium to which the Premium Seat Holder or Ticket Holder may be granted access are damaged (fair wear and tear excepted); and
8.1.8 notify the Club of any change of address of the Premium Seat Holder from time to time within 30 days of such change.
8.2 The Premium Seat Holder shall not use or seek to profit, and shall procure that the Ticket Holder shall not use or seek to profit from any Ticket or any other benefit provided by virtue of the Premium Seat Holder entering into this Agreement:
(i) by offering the Ticket as a gift or prize in any promotion, raffle or competition or in relation to any commercial or promotional activities without prior written consent of the Club at its sole discretion; or
(ii) in contravention or breach of any provision of the Bribery Act 2010.
8.3 The Premium Seat Holder shall not make, and shall procure that the Ticket Holder does not make, without prior written consent of the Club, any public statement or announcement linking, or implying any relationship between, or engage in any marketing, advertising or promotional activity which links or implies any relationship between the Premium Seat Holder or any Ticket Holder and the Club.
8.4 The Club may exclude or remove from the Designated Area and/or the Stadium, temporarily or permanently, any Premium Seat Holder or Ticket Holder who the Club reasonably suspects:
8.4.1 to be prohibited (by law or otherwise) from attending the Stadium or any other sporting venue in the world;
8.4.2 in its sole discretion, to be in breach, is likely to breach, or has breached, this clause 8 or any other provision of this Agreement and/or any other terms and conditions, rules, laws or regulations applicable to entry to the Stadium;
8.4.3 and, for the avoidance of doubt, the behaviour of any Premium Seat Holder and/or Ticket Holder which results in the Club excluding them or removing them from the Designated Area and/or the Stadium shall be deemed a breach of these terms and conditions and the provisions of clause 11 shall apply.
8.5 Premium Seat Holders are responsible for the behaviour of other Ticket Holders they invite to use the Designated Area as a guest or in accordance with clause 7.2 and may have their Premium Seat Holder suspended or withdrawn if any of the Ticket Holders act in breach of this clause 8.
9. DATA PROTECTION
9.1 For the purposes of Data Protection Laws, the Premium Seat Holder acknowledges that the Club shall hold, process and share personal data relating to the Premium Seat Holder in accordance with the privacy notice provided to the Premium Seat Holder.
9.2 The Club may update and amend the privacy notice applicable to the Premium Seat Holder from time to time. A copy of the current, and any updated, privacy notice(s) applicable to the Premium Seat Holder can be found at www.brentfordfc.com/website-privacy-policy/
10. LIMITATION OF LIABILITY
10.1 The Club shall not have any liability to a Premium Seat Holder for any failure to provide or the delay in carrying out any of the Club's obligations under this Agreement as a result of events or matters outside of its reasonable control.
10.2 The Club shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both the Premium Seat Holder and the Club knew it might happen, for example, if the Premium Seat Holder discussed it with the Club during the sales process.
10.3 Notwithstanding clause 10.2, the Club shall not be liable for any business losses. If the Premium Seat Holder's purchase of the Licence Agreement is for any commercial business purposes (or where the Premium Seat Holder is not acting as a consumer) the Club shall not have any liability to a Premium Seat Holder (and/or the Ticket Holder) for any loss of profit, loss of business, business interruption or business opportunity, indirect, special or consequential loss or damage.
10.4 Where the Premium Seat Holder is not acting as a consumer the aggregate liability of the Club to the Premium Seat Holder and/or the Ticket Holder in connection with this Agreement, whether in contract or tort or otherwise shall not exceed the aggregate amount paid under the Licence Fee for the current Season paid by the Premium Seat Holder.
10.5 The Club shall not have any liability to a Premium Seat Holder and/or the Ticket Holder for any late delivery or non-delivery of any Ticket, replacement tickets, documents or other materials resulting from the actions or omissions of any postal service provider.
10.6 The Club shall not be liable for the delay, postponement or rescheduling of any Home Match for whatsoever reason.
10.7 The Club shall take all reasonable precautions for the security of the property of Premium Seat Holders and other Ticket Holders, but property that is left unattended is at the owner's risk.
10.8 Nothing in these Terms shall exclude or limit the Club’s liability for:
10.8.1 fraud or fraudulent misrepresentation by the Club;
10.8.2 death or personal injury caused by its or any of its officers’, employees’ or agents’ negligence; or
10.8.3 any other matter in respect of which liability cannot be excluded or limited under applicable law.
10.4 All terms of this Agreement are subject to the provisions from time to time of the Relevant Legislation and the Regulations. In the event of any conflict or inconsistency between the terms of any Relevant Legislation or Regulation and this Agreement, the Relevant Legislation or Regulation will prevail. The Club will not be in breach of this Agreement by reason of compliance with the Relevant Legislation and Regulations.
11. TERMINATION
11.1 A Premium Seat Holder may cancel their Licence Agreement at any time during the Cooling Off Period, in which case the Premium Seat Holder will receive a full refund of the Licence Fees already paid and will not be required to make any further payment in respect of the Licence Agreement. Where the Premium Seat Holder is a consumer, the Cooling Off Period is in place of the general “cooling off” right provided by applicable legislation (which does not apply due to the nature of the Premium Seat Holder) but does not affect the Premium Seat Holder’s other legal rights.
11.2 Except in the circumstances described in clause 11.1 or as otherwise expressly provided for in these terms, Licence Fees are non-refundable and non-transferable and, once the Cooling Off Period has expired, the Club is under no obligation to refund the whole or any part of the Licence Fee or any other fee paid by the Premium Seat Holder to the Club where the Premium Seat Holder (and/or associated benefits) is terminated or suspended for any reason (whether by the Premium Seat Holder or by the Club).
11.3 Licence Fees, as the case may be, are non-refundable and non-transferable and once a Licence Agreement is purchased (save where otherwise provided for in these terms) the Club is under no obligation to refund the whole or any part of the Licence Fee or any other fee paid by the Premium Seat Holder to the Club if the Premium Seat Holder decides to cancel their Licence Agreement or if the Licence Agreement is suspended or terminated by the Club in accordance with these terms and conditions. In the event that the Premium Seat Holder terminates the Licence Agreement for any reason whatsoever, the Premium Seat Holder is obliged to make the Monthly Payments until the end of the current Season. The Club will use reasonable endeavours to resell the Licence Agreement and, where successful, the Premium Seat Holder will no longer be liable to make the Monthly Payments.
11.4 Without prejudice to the other terms and conditions in this Agreement, the Club shall be entitled to either (i) suspend the operation of this Agreement and the Premium Seat Holder’s Rights and Premium Seat Holder Benefits without refund until further notice; and/or (ii) terminate this Agreement with immediate effect by way of written notice to the Premium Seat Holder in the event that:
11.4.1 the Premium Seat Holder (or any other Ticket Holder) breaches any of these terms and conditions or otherwise misuses the Premium Seat Holder;
11.4.2 the Premium Seat Holder is at any time, or any other Ticket Holder is, at the time they enter the Stadium, subject to a banning order or other order prohibiting them from entering the Stadium or any other sporting venue in the world;
11.4.3 the Premium Seat Holder (or any other Ticket Holder) is found guilty of a criminal offence in connection with their behaviour in the Stadium or any other stadium;
11.4.4 (being a body corporate) there is a change of control of the Premium Seat Holder (within the meaning of section 840 of the Income and Corporation Taxes Act 1988), or application for an order is made, or resolution passed, for the winding up of the Premium Seat Holder, application for an administration order is made, a provisional liquidator, receiver, administrative receiver or administrator is appointed, or a voluntary arrangement is proposed, in each case, in respect of the Premium Seat Holder (or over all or any of its assets) or any event analogous to any of the foregoing occurs in respect of the Premium Seat Holder in any jurisdiction;
11.4.5 (being a partnership) the Premium Seat Holder is dissolved or any event analogous to a dissolution occurs in respect of the Premium Seat Holder in any jurisdiction (excluding a dissolution of the Premium Seat Holder (i) if and to the extent that it relates only to the conversion of the Premium Seat Holder to a solvent UK limited liability partnership (the LLP), and (b) the LLP enters into an agreement with the Club with respect to the Seat(s) on identical terms to this Agreement or any event analogous to any of the foregoing occurs in respect of the Premium Seat Holder in any jurisdiction; or
11.4.6 the Premium Seat Holder fails to pay when due the Monthly Payment or any other amount payable by them under this Agreement or any other agreement between the Premium Seat Holder and the Club.
11.5 The Premium Seat Holder shall reimburse the Club against all costs, expenses and losses (including any and all interest, penalties, fines, and all legal and other professional costs and expenses) suffered or incurred by the Club arising as a result of any breach of these terms and conditions by the Premium Seat Holder (or any other Ticket Holder) of any of these terms and conditions.
12. NOTICES
12.1 Any notice required to be served by either party on the other party pursuant to this Agreement shall be in writing and delivered personally or sent by first class pre-paid post. In the case of the Premium Seat Holder to the address specified on the Licence Agreement or such other address as may from time to time be notified by the Premium Seat Holder to the Club in writing (email to suffice) and in the case of the Club or an assignee of the Club at its registered office (or such other address as has been notified by the Club to the Premium Seat Holder in writing). Any such notice shall be deemed properly served in the case of personal delivery on delivery and in the case of posting two Business Days after the date of posting.
13. GENERAL
13.1 This Agreement is between the Premium Seat Holder and the Club. No other person shall have any rights to enforce any of its terms.
13.2 Where the Premium Seat Holder is not a consumer, the parties acknowledge that this Agreement contains the whole agreement between the parties and it supersedes any prior written or oral agreement between them and is not affected by any other promise, representation, warranty, usage, custom or course of dealing. Save where expressly stated otherwise in this Agreement, the parties confirm that neither have entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement shall exclude liability for any fraudulent statement or act made prior to the date of this agreement.
13.3 If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provision of this Agreement in that jurisdiction or the validity or enforceability of that or any other provision of this Agreement in any other jurisdiction.
13.4 The Club reserves the right to make amendments to these terms and conditions from time to time, for example, to reflect changes in relevant laws and regulatory requirements, provided that the amendments shall not result in the Premium Seat Holder receiving any less than the same or substantially similar benefits to those that the Premium Seat Holder was entitled to receive prior to such amendments. Up to date versions of the terms and conditions will be made available promptly on the Club's website and hard copies will be available from the Club upon request.
13.5 The Club and the Premium Seat Holder agree that this Agreement and any Ticket(s) do not grant the Premium Seat Holder exclusive possession of the Designated Area, or any Seat, or create a tenancy.
13.6 Even if the Club delays in enforcing this Agreement against the Premium Seat Holder, the Club will be entitled to enforce it at a later stage. If the Club does not insist immediately that the Premium Seat Holder does anything they are required to do under these terms and conditions, or if the Club delays in taking steps against the Premium Seat Holder in respect of the Premium Seat Holder breaching any of these terms and conditions, that will not mean that the Premium Seat Holder does not have to do those things or that the Club is prevented from taking steps against the Premium Seat Holder at a later date.
13.7 This Agreement is governed by English law. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising in connection with this Agreement.
SCHEDULE 1
Rights and Premium Seat Holder Benefits
1. The right to use the Common Areas for the purposes of access to and egress from the Designated Areas allocated to a Premium Seat Holder by the Club;
2. The exclusive right to use the Seat for all Relevant Events free of any charges other than the appropriate Licence Fee and the Monthly Payments;
3. Use of the Designated Areas during the Opening Hours;
4. The right for Premium Seat Holders to reserve, subject to package rights and availability, a number of places in the Restaurant of the Hospitality Area designated to them equivalent to the number of Seats held by them paying for all food and beverage consumed at the time of the Event, or in advance.
5. All other rights and benefits as per marketing brochure relating to the selected lounge type. In summary:
Matchday Access:
Inclusive access to all 19 home Premier League matches (or 23 home English Football League matches)
Inclusive access to home pre-season friendly match
Inclusive access to first three home Cup matches (excluding European Cup games)
Inclusive access to the home leg of any BFC Play-Off match (if applicable)
Guaranteed ‘first to purchase’ rights for BFC Wembley Tickets (STH’s also)
Access to Brentford Women’s Team home matches (at Club’s discretion)
Access to Brentford B Team home matches (at Club’s discretion)
Seat location & lounge access may vary for non-League matches (Cup, Friendly, Womens Team and B team matches) *
Other Benefits:
Executive style padded seats with premium sightlines
Direct access to exclusive Premium Seat Holder only lounge and bar facilities
Fixed pricing for the length of the season ticket term*
Affordable monthly payments
Ability to trade or on-sell your Licence
Invitation to selected Club events
Priority access to Match Tickets (as per Season Ticket Holder access)
Priority Access to other events at the new stadium (subject to promoter terms)
Programme
Complimentary half-time beverage (beer, wine, soft drinks)
Complimentary half-time ‘Brentford Pie’ **
Option to purchase seasonal and match-by-match dining packages ** (subject to availability)
*Pending League Status. (25% discount on relegation, 25% increase on promotion).
**Dependant on lounge