These are the standard terms of Client Business of Simunation Ltd (Simunation) Company Registration 16304116, and all services delivered by Simunation shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by Simunation will the booking be confirmed. Simunation is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
1.2 Simunation is an exclusive event for a maximum number of 100 individuals, the Client will ensure this number is not exceeded.
2.1 All prices quoted by Simunation may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of Simunation.
2.2 Any query arising from an invoice must be notified to Simunation in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by Simunation.
2.4 Deposit – A deposit of 50% of the total fee payable (including VAT), as agreed in the written quotation (attached), of any event or programme shall be payable on confirmation of the order. The remaining 50% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable 14 working days prior to the event date.
2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal or are incurred through delays in departure from a chosen venue and subsequently incurred by Simunation, will be charged on the day of the event. Payment will be due immediately, and payment shall be made in accordance with Clause 2.9. Simunation will agree any additional expenses or fees with the client prior to these being incurred.
2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.
2.9 Methods of Payment:
Bank transfer:
Details upon request
The Client must inform Simunation in writing (preferably by email) of any bank transfers
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: location charges and any pre booked food and beverage charges. In addition, the client will settle any third-party charges incurred by Simunation on behalf of the client.
Cancellation Clause %
3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 Simunation reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.
3.5 Any postponements of confirmed and contracted business or any Public Health Emergency declared by Public Health England, the Chief Medical Officer for England or any law or any action taken by the UK government or UK public authority that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, payments received by Simunation from the client shall form a credit towards the future event. Should any postponement costs be incurred by TEC, the client will be notified and these costs will be deducted from the amount held as credit.
4.1 Our team will arrive at the agreed location on the event date to set up and operate the equipment. The duration and specific services will be as outlined in the event proposal.
4.2 Venue Requirements: Where the Client has nominated the venue, the Client is responsible for ensuring the event venue has the necessary space, power supply and environmental conditions (eg, adequate shelter from weather, temperature control), and level grounds for safe and property operation of our equipment.
4.3 Access and Set Up: Where the Client has nominated the venue, the Client must provide clear, safe and unrestricted access to the venue for our team and equipment at least 3 hours prior to the event start time. The same applies for break down at the close of the event. Any delays due to venue access and lack of lighting may result in reduced event time or additional charges. Clause 2.6 refers.
4.3 On-site Contact: The Client must provide a responsible nominated point of contact who must be present for the entire duration of the event to assist with unforeseen logistical matters.
4.4 Digital Media and Marketing: The Client acknowledges and agrees that Simunation may use integrated recording devices, such as cameras and microphones, to record the event for the purpose of enhancing gam experience (eg live leaderboards, player-specific footage) and for Simunation’s digital and social media marketing. By participating in a Simunation event, all attendees grant Simunation a non-exclusive, perpetual, and royalty-free licence to use, reproduce and display their likenesses in any media for marketing and promotional purposes.
Simulator equipment, specifically racing simulators provide varying degrees of motion, through steering, suspension and harness heave. To participate the Client should ensure that participants meet and are aware of restrictions.
5.1 Participant restrictions. For the safety of all participants and the proper use of the equipment supplied to deliver the service, all users of the racing simulators must adhere to the following restrictions
The Client is responsible for ensuring all participants meet these minimum requirements.
5.2 Alcohol and Equipment Use: Where a cocktail package is included, while we understand guests may be consuming alcohol, Simunation reserves the right to refuse use of the racing simulators and VR equipment to any individual who is visibly intoxicated. For the safety of all attendees, equipment user is strictly prohibited for anyone whose impairment is evident and presents a safety risk.
5.3 Participant Health. The Client is responsible for ensuring that all event participants are in adequate health to participate in the activities. Participants are responsible for informing Simunation of any existing medical condition that may exclude them racing simulator or VR gaming. Prohibitive conditions include for are not limited to
Simunation is not qualified to provide medical advice. If a participant has any concerns about their health or whether they should participate, they should consult an independent medical professional.
5.4 The equipment used to deliver the service is provided subject to being treated in a respectable fashion. Any guest found to have been wilfully or deliberately damaging equipment will be requested to pay for repairs. Additionally, if any damage results in the business losing subsequent custom Simunation may seek additional compensation.
6.1 All guests are expected to observe restrictions and are fully supervised throughout. As such neither Simunation or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of Simunation or breach of contract. Please note for guests attending events it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of Simunation), in which instances Simunation agrees to indemnify and hold the Client harmless against all such claims. Simunation shall provide Public Liability insurance cover of £5million for each and every claim.
Simunation shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and Simunation shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
