TERMS AND CONDITIONS OF BUSINESS
BETWEEN:
(1) We Are Little Oak Farm Limited and/or their subcontractors or agents, a company registered in England and Wales at Oak Farm, Goose Green Lane, Goose Green, Pulborough, West Sussex RH20 2LW, with company number 12669203 (the “Company” or “we”); and
(2) the “Client” or “you”.
DEFINITIONS
In this Agreement:
“Event” means any of our Public Dining Events.
“Event Services” means those catering services that we provide to you, including food preparation, cooking and waiting services.
“Dining Event” means the specific dining event that you have booked through one of the methods outlined below in Clause 2 (Legally Binding Contract).
“Little Oak Farm” means Little Oak Farm, Goose Green Lane, Thakeham, W Sussex RH20 2LW
“Woodland Site/Site” means the wooded area where we host our outdoor dining events and any relevant surrounding areas that are part of Little Oak Farm.
LEGALLY BINDING CONTRACT
- A contract between the Company and you will come into being:
- When we have taken payment from you for the date specified in your completed online Feast at the Farm booking form
- The terms and conditions are automatically incorporated into any contract entered into between us. We suggest that before you enter into any contractual agreement with us in the ways stated above, that you read through these terms and conditions. If you have any questions concerning them please ask us. You should keep a copy of these terms and conditions for your records.
PROVIDING THE EVENT SERVICES
- Once we and you have entered into a legally binding contract we will provide the Event Services to you on the date agreed between us without further discussion with you.
- Our aim is to always provide you with the Event Services:
- using reasonable care and skill;
- in compliance with commonly accepted practices and standards in food safety and hygiene; and
- in compliance with the relevant laws and regulations in force at the time we carry out the Event Services.
MENU SUBSTITUTIONS
We reserve the right to amend the menu on the day of the Event, where we encounter, among other things, failure by our suppliers. In such cases, we will make a substitution in keeping with the theme and value of the Event. Should there be any issues, we will aim to notify you prior to any Event of substantial substitutions, but this may not always be possible.
FOOD ALLERGIES & INTOLERANCES
We comply with our food safety obligations to the highest possible standards. Please note that due to the nature of our events, we are not always able to provide an alternative for all dietary requirements and allergens, therefore you must always check with us prior to booking. Upon booking tickets to our Events, our booking form requests you confirm any known or suspected allergies and intolerances to us, a minimum of 7 days prior to the Event. Should you wish to check where such allergens occur in a planned menu we would be happy to liaise with you on this. However, our food is prepared in a kitchen that handles most allergens. Please note, it is your responsibility to inform us, prior to the Event, if you have any allergies, intolerances or special dietary requests.
BEHAVIOUR AT EVENTS; RESPECT AND SAFETY
- We ask that you consider the natural environment around you when you attend any of our Events, not only to promote a peaceful and enjoyable atmosphere amongst our other guests but also to ensure you can abide by any safety instructions we might need to issue during the Event.
- Smoking is strictly prohibited in the Woodland Site.
- You will be responsible for damage to our property or to the Site caused by you or your guests during an Event and you agree to make good or pay full restitution for the making good of any such damage.
ALCOHOL CONSUMPTION; ILLEGAL SUBSTANCES
- At the time of booking we will specify whether the Event is an alcohol-free Event or includes a drink. We reserve the right to withhold alcohol should we deem it appropriate to do so in the circumstances.
- The use of illegal substances is prohibited at our Events, and anyone found using or in possession of such substances shall be ejected from our Site and may also be liable to prosecution.
- You may be ejected from the Site if, in our reasonable opinion, you are a risk to the safety of others at the Site and/or may affect the enjoyment of others at the Site and/or the running of the Event or may cause damage, nuisance or injury. Examples including being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, abusive, threatening, behaving anti-socially, carrying or having on your person any of the prohibited items.
ITEMS PROHIBITED FROM THE SITE
Due to our natural environment, the following items are prohibited from being brought onto our Site, and anyone found in possession shall be asked to remove the item from the Site, or be requested to leave the Event: weapons, ammunition, explosives, whistles, fireworks, or any other item which in our reasonable opinion, may cause danger or disruption to any Event or to other users of the Site and wider areas (regardless of whether or not such item is illegal or is carried for specific purposes).
STRICT CURFEW
All our Events are restricted by a strict Site curfew of 10:30pm. We request that Guests leave the Site quietly in consideration of people living in and around the vicinity. Any failure to do so may result in you being refused entry to future Events.
WHEELCHAIR USERS
We have done our best to make our venue at Little Oak Farm accessible to wheelchair users, but please note that we are based at a rural location. Access to the Site and the terrain within it is step-free and (within the constraints of any natural woodland area) wheelchair-friendly, but this is dependent on the weather and other factors outside our control. However, at this current time we don’t, as yet have wheelchair access toilets but if required please let us know and we can see if we can accommodate.
DISABILITY AND SITE ACCESS
Please notify us prior to attending our Site of any physical disabilities you might have, so that we can advise you on the suitability of the Event, and how we can make adjustments to suit you better. Please note that there is step-free access to our Woodland Site, but there is a three-minute walk between the car park and Woodland Site on unmade paths. For further details, please ask us for more information.
PAYMENTS AND INVOICING PROVISIONS
- All fees for your Event shall be set out in an invoice submitted to you. Invoices will be sent via email unless otherwise expressly requested by the Client, and the full balance must be paid no later than 4 business days prior to the date of the Event. Our banking details are noted on each invoice for your convenience. Where we request full payment to secure your booking, as noted on your invoice, we will not consider your event confirmed until the payment has been cleared into our bank account.
- When booking and paying for an Event, you will receive a confirmation email. Please ensure that you include your correct email address upon registration. If required, a receipted invoice can be made available to you following payment. Please contact littleoakfarm@mail.com to request a receipted invoice following your payment.
CANCELLATION BY THE COMPANY OR CLIENT: DINING EVENTS
- In the event that the Company is unable to deliver the Dining Event on your specified date, and provides you more than 14 days’ notice, the Company shall provide you a full refund.
- In the event that you notify the Company that you are unable to attend a Dining Event at least 30 days prior to the specified date, you will receive a full refund (minus an administration fee of £3.50 per ticket). Alternatively, you can request a voucher for the value of your booking, or move your seat to an alternative event (subject to availability).
- In the event that you notify the Company that you are unable to attend a Dining Event at least between 10-30 days prior to the specified date, you will receive a 50% refund (minus a administration fee of £3.50 per ticket).
- In the event that you notify the Company that you are unable to attend a Dining Event with fewer than 10 days remaining prior to the specified date, you will not receive a refund.
- In the event that Covid-19 restricts the Dining Event from taking place, we will rebook the event to alternative dates which will be confirmed once we know when any restrictions are likely to be lifted.
- For the avoidance of doubt, your non-attendance at an Event will be deemed as cancellation, and 100% of the payable fee will be charged.
CANCELLATION DUE TO WEATHER; FORCE MAJEURE
On the rare occasion that adverse weather conditions, or other events or circumstances beyond our control mean that we must cancel your Event, we shall not have any liability under or be deemed to be in breach of our contract with you. Adverse weather conditions may include torrential rain, high winds, lightning, hail or heavy snow.
CHANGE OF GUEST
We will accept a substitution of a guest by someone not yet booked onto the Event any time before the Event itself, but you must notify us of the change of attendee by emailing littleoakfarm@mail.com
HEALTH AND SAFETY
We have a thorough health and safety policy detailing the risks associated with our Site and Events. Please get in touch as we would be happy to send these through to you to read prior to arrival. Whilst we have made every effort to ensure the safety of the site, Little Oak Farm is a working venue, therefore guests are only allowed within the event area. We will not be held responsible or liable for any accident, loss or damage whatsoever to persons, vehicles, accessories or contents during your time with us.
PRE-EVENT INFORMATION; WEATHER-RELATED INSTRUCTIONS
72-hours prior to our Events we will provide information about our location, and specific details about the Site, based on the weather and environment at the time. We request that you pay particular attention to the weather forecast prior to the Event and dress appropriately for the outdoors. The Event will take place come rain or shine, although if it’s very wet, we’ll provide cover. However we do reserve the right to cancel an Event should we deem it unsafe to host based on severe weather. In which case, please refer to section regarding Cancellation due to weather; force majeure above.
DOGS
Whilst we love dogs, due to having livestock on the farm, we do not permit dogs attending, unless they are guide dogs.
SAFEGUARDING
We consider the safeguarding of all minors and vulnerable adults fundamental. Although we are not legally obliged to consider safeguarding in the same way as a school or youth group, we do consider the welfare of each of our guests, and our staff are aware of the advice to educators regarding safeguarding.
INSURANCE
We carry comprehensive insurance provided by Blythin & Brown covering, among other things, public liability insurance, and environmental liability insurance.
INTELLECTUAL PROPERTY
- The contents of our website www.littleoakfarmsussex.co.uk, and any materials created by us, in any form, are the intellectual property of the Company. All intellectual property conceived or made by the Company in the course of providing Events shall belong to the Company. Any person wishing to replicate any of our text, images, video or audio for their own purpose must seek our written consent in advance.
DATA AND PRIVACY
Full details of our data privacy policy are contained on our website at www.littleoakfarmsussex.co.uk.
PHOTOGRAPHY
We regularly take photographs during our Events for the purposes of marketing (in our literature and on social media). Should you wish to photograph our dishes, we kindly ask that you reference our business.
WARRANTIES AND INDEMNITIES
- The Company warrants that (a) it and each of its employees, volunteers and contractors has the knowledge, skills, experience, qualifications, and resources reasonably necessary to provide and perform the Event and (b) the Event will be performed for and delivered to the Client in a diligent manner.
SUBCONTRACTING
We can allow others (either in our place or together with us) to provide the Event Services. If other persons perform the Event Services we will still continue to be responsible for the performance of the Event Services and our obligations under this contract.
TERM AND TERMINATION
This Agreement shall commence on the date referred to in Clause 2 (Legally Binding Contract) above. It shall continue until the end of the Event, or if terminated by either party prior to the Event. Payments and invoicing provisions, Cancellation by the Company or Client: Dining Events, Intellectual Property, Warranties and Indemnities, Confidentiality and Limitations of Liability shall survive termination of this Agreement.
CONFIDENTIALITY
- “Confidential Information” means (1) all Company intellectual property, confidential and proprietary information (2) all confidential and proprietary information of the Client disclosed to the Company whether orally or in writing, that is clearly identified in writing or verbally at the time of disclosure as confidential.
- Each party agrees: (a) to keep confidential all Confidential Information disclosed to it; and (b) not to use or disclose the Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement, except with the other party’s prior written consent. Either party may disclose Confidential Information on a need to know basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement.
LIMITATIONS OF LIABILITY
- Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount, having regard to such factors as whether the damage was due to a negligent act or omission by us.
- We shall not refund any payment, or be liable for any loss or delay resulting from the Event being delayed or cancelled due to any force majeure event, including, but not limited to, fire, severe weather, industrial action preventing travel, internet service provider failures or delays, or criminal acts of third parties.
- We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause death or personal injury to you (or those who could be reasonably foreseen as being subject to the Event Services) by our negligence), unless that failure is attributable to:
- your own fault;
- a third party unconnected with the provision of Event Services under this contract; or
- events which we could not have foreseen or forestalled even if we had taken all reasonable care.
ASSIGNMENT
This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other.
ENTIRE AGREEMENT
This Agreement and any separate event booking confirmation and invoice, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
GOVERNING LAW
This Agreement, and any non-contractual obligations arising out of or in connection with it are governed by English law.
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