event terms and conditions
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 13 (LIMITATION OF LIABILITY, DISCLAIMER AND INDEMNITIES).
Cloaked Events Ltd is a private limited company (number 16613991) (“The Producers” or “Cloaked Events”). Cloaked Events are organising and producing an immersive game event as set out in the Booking Confirmation (the "Game" or “Event”) and you and your group (collectively referred to as “You”) desire to participate in the Game.
The parties agree as follows:
Basis of Contract
The Booking Request constitutes an offer by You to book and pay for the Event in accordance with these these terms and conditions (“Conditions”).
Cloaked Events may decline a Booking Request at its discretion. Booking Requests shall only be deemed to be accepted when Cloaked Events issues written acceptance of the Booking (“Booking Confirmation”). The contract between Cloaked Events and You for the delivery of the Event comprising these Conditions and the Booking Confirmation (together the “Contract”) shall come into effect when Cloaked Events issues the Booking Confirmation.
The Booking Confirmation shall set out details of the Event, including: the date, time and duration of the Event; the venue; the number of players; a summary of the group and how the players know each other; details of any special requests; the Total Fee; and the amount of the Deposit. You shall ensure that any special requirements or health and safety information (such as medical or health conditions, disabilities and accessibility needs that would impact participation in the Game) are included in Your Booking Request. Cloaked Events reserves the right to cancel the provision of the Event if You fail to provide us with information that is necessary to provide the Event within a reasonable time of being asked for it, or if You do not make any payment to us when it is due.
It is Your responsibility to check that the details in the Booking Confirmation reflect Your wishes and to notify Cloaked Events within 24 hours if this is not the case. Any such notification shall take effect as a notice of cancellation of the Contract with immediate effect, unless otherwise advised by Cloaked Events.
Any drawings, descriptive matter or advertising issued by Cloaked Events, and any descriptions or illustrations contained in its brochures or on its website, are issued or published for the sole purpose of giving an approximate idea of the immersive game experiences described in them. They shall not form part of the Contract or have any contractual force.
These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate. To the maximum extent permitted by law, no terms are implied into the Contract by law, trade custom, practice or course of dealing.
Any quotation given by Cloaked Events in a booking proposal is only valid for 30 days from its issue date. It is not an offer to supply any event to You and shall not constitute an offer to enter into a contractual arrangement that is capable of being accepted.
For the avoidance of doubt, participation in the events run by Cloaked Events is available only to groups booking an event as a whole. Cloaked Events does not sell individual tickets, accept single-person reservations, or combine individuals with other customers. A booking is valid only where it is made by a lead participant acting for the full group, and they are responsible for ensuring the group meets any minimum or recommended participant numbers set out in the Booking Request.
If You are booking an Event as a lead guest on behalf of other group members (“Participants”), You (as the purchaser) shall be liable for the acts and omissions of any third party on whose behalf you book and who attend the Event, and You shall procure that they are aware of, and comply with, the terms and restrictions imposed under this Contract. You are responsible for making and managing all payments and agree to provide Cloaked Events with all of the relevant information about any Participants on whose behalf you book.
Participation in the Game
The Producers agree to allow You and Your fellow Participants to participate in the Game, subject to these Conditions.
Following confirmation of Your booking, each Participant will be sent a document to e-sign containing the Game rules, code of conduct, health and safety disclaimer, and an optional recording/rights waiver and release (“Waiver”). Compliance with the game rules, code of conduct, and health and safety provisions is mandatory and, where a Participant does not agree to the required rules or safety provisions or to sign the Waiver, Cloaked Events may refuse participation without any refund or compensation. Execution of the optional recording/rights waiver is voluntary and will not affect the Participant’s ability to take part in the Event.
You agree to participate in the Game in good faith and to abide by all Game-related rules and regulations established by The Producers notified to You in writing or verbally. You accept that such rules and regulations may be varied by The Producers from time to time and that The Producers' decisions in such matters are final.
If any Game rules are broken, the Producers may refuse admission or require You or other Participants to leave, although the Game will continue if reasonably possible. If it is impossible or impractical for the Game to continue safely or fairly, the Producers and Game hosts reserved the right to revise, abandon or restart the Game. Decisions will be made in the interests of safety, fairness and the experience of the group.
Should there be a dispute regarding Your participation in the Game, how the Game is played, the interpretation of the rules, the outcome of any puzzle or task, or how in-Game events transpire, The Producers' decision on this dispute shall be final and You will have no right of appeal in respect of in-Game decisions. (This does not affect any legal or statutory rights You may have.)
Delivery of the Events
Cloaked Events shall:
deliver the Event at the agreed venue on the agreed event date and provide such staff as is reasonably necessary to discharge this obligation;
comply with all applicable laws, statutes and regulations from time to time in force in connection with the provision of the Event; and
be responsible for the provision of all materials, equipment and activities as are necessary to deliver the Event other than those listed in clause 4.2 or as otherwise notified to You or agreed with You.
In delivering the Event, Cloaked Events shall use all reasonable endeavours to:
do so with reasonable care and skill and in accordance with any information provided by it about the Event; and
accommodate any reasonable security, accessibility, health and safety requirements notified to it by You and agreed to by Cloaked Events in advance.
Costs and Expenses
The fees set out in the Booking Confirmation are based on the number of guests, nature and duration of the Event. The cost of participation includes the immersive game experience and all materials, instructions and equipment required to play the game and the associated in-game missions, unless notified or agreed otherwise.
Unless otherwise agreed by The Producers in advance in writing, You are solely responsible for any and all other costs or expenses incurred by You in applying to participate or Your participation in the Game, (including but not limited to: venue hire, calls made, postage, travelling expenses, transportation, accommodation, food, drinks and meals, any specialist clothing required, insurance, taxes, and any in-game missions and other costs agreed in advance to be payable by You). Where notified to You, we may charge You for any third-party costs and expenses that we incur in connection with the Event (such as the cost of activities supplied by others, where we have agreed to pay those costs and expenses on Your behalf).
Fees and Payment
You agree to pay Cloaked Events the Total Fee for the Event as specified in the Booking Confirmation (the "Event Fee").
Cloaked Events shall invoice You for the Deposit, being 50% of the Event Fee, promptly following the date of the Booking Confirmation. The Deposit shall be payable by You within three Business Days (meaning a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business) of the date of the invoice. If the Deposit is not paid in full in cleared funds within this time period, Cloaked Events may cancel the Contract. For the avoidance of doubt, timely payment is a condition of delivery. If payment is not received when due, Cloaked Events may refuse to deliver the Event and no compensation will be due unless otherwise agreed or legally required.
You shall pay the full balance of the Event Fee, along with any agreed-upon additional costs (e.g., external supplier costs, additional services), at least one week before the Event.
All payments shall be made by bank transfer in full and in cleared funds to the account specified on the invoice.
In the event of late payment, without limiting its other remedies, Cloaked Events reserves the right to charge interest on the overdue sum, at a rate of 3% per annum above the Bank of England base rate from time to time (but at 3% a year for any period when that base rate is below 0%), calculated daily from the due date until the date of actual payment.
All fees are exclusive of VAT, which shall be added and payable by You at the prevailing rate where applicable. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Cloaked Events may issue an additional invoice after the Event:
for any further fees due which were not included in the original invoice, such as those payable for any final alterations to the Event, or for guests attending the Event in excess of the number confirmed by You in the Booking Confirmation; and
to cover the cost of loss or damage to the equipment or property or other materials which Cloaked Events owns or is responsible for and which has been caused by You (or any of Your fellow Participants), provided that Cloaked Events notifies You of such loss or damage within 14 days after the Event.
Cancellation, Postponement, and Changes
Cancellation by You
You acknowledge and agree that the Event constitutes the provision of leisure services within the meaning of Regulation 28(1)(h) of the Consumer Contracts Regulations 2013 (the “Regulations”), as it is scheduled to take place on a specific date or within a specific period of performance and requires Cloaked Events to reserve capacity exclusively for You. Accordingly, if You are a consumer (as defined by the Consumer Rights Act 2015, booking for personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession), the usual 14-day statutory cooling-off period does not apply, and once Your booking is confirmed You do not have the right to cancel the Contract under the Regulations. (This does not affect any cancellation rights expressly set out in these Conditions.)
You acknowledge that Cloaked Events may need to purchase services/materials and to hire equipment and labour in advance of the Event and that it may be unable to recoup these costs if You cancel the Event. If You cancel the Contract (other than for a Force Majeure Event (as defined in clause 11.1), or in accordance with clause 5.2 (material breach of Cloaked Events) or in accordance with clause 1.4 (because the Booking Confirmation does not reflect Your wishes), the Deposit will be forfeited and Cloaked Events reserves the right to charge a cancellation fee. This is also intended to compensate for financial loss suffered by Cloaked Events which may arise from having declined a third party booking that could have been accepted but for the acceptance of Your booking. If Cloaked Events, using its reasonable endeavours, is able to mitigate its losses as a result of the cancellation, it shall make an appropriate deduction or credit to the cancellation fee. The cancellation fee shall be as follows:
If You cancel the Event:
- 90 days or more prior to the Event date: Cloaked Events will refund the balance of the Event Fee (retaining the Deposit).
- Between 89 and 45 days prior to the Event date: 75% of the total Event Fee is payable.
- Less than 45 days prior to the Event date: 100% of the total Event Fee is payable.All sums due under clause 5.1.3 must be paid within 14 days from the date on which You notify of your intention to cancel. Any refunds due will be processed within 30 days of the cancellation confirmation.
You may cancel the Contract with immediate effect by giving Cloaked Events notice in writing if Cloaked Events commits a material breach of any term of the Contract and (if that breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so.
Postponement by You
If You request to postpone the Event, Cloaked Events will use reasonable endeavors to accommodate the request, subject to availability and potential additional costs as notified to You. A postponement fee may also apply and, where this is the case, we will notify You of the amount.
If a mutually agreeable new date cannot be found within three months, the postponement will be treated as a cancellation by You as per clause 5.1.
Cancellation or Postponement by Cloaked Events:
Cloaked Events may cancel the Contract with immediate effect by giving You notice if:
You fail to pay any amount due under the Contract on or before the due date for payment;
You (or any of Your fellow Participants) commit a material breach of any term of the Contract;
You make Cloaked Events aware of anything of which it was not aware at the time of sending the Booking Confirmation and Cloaked Events reasonably considers that it necessitates altering the Event Fee, in which case Cloaked Events will advise You of the revised fee amount and ask You whether You still wish to proceed. Cloaked Events may cancel unless You confirm that you do wish to proceed and pay the revised amount;
any step or action is taken by, or in relation to, You in connection with You entering administration, provisional liquidation or any composition or arrangement with Your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), or having a receiver appointed to any of Your assets;
You suspend, or threaten to suspend, payment of Your debts or are unable to pay Your debts as they fall due or admits inability to pay Your debts or are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 (IA 1986) as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the IA 1986;
You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business (where You are a corporate customer); or
Your financial position deteriorates so far as to reasonably justify the opinion that Your ability to give effect to the terms of the Contract is in jeopardy.
In the unlikely event that Cloaked Events must cancel or significantly postpone the Event for example due to unsafe conditions, venue withdrawal, the minimum number of attendees not being available, or unforeseen circumstances (e.g., force majeure, facilitator illness), Cloaked Events will notify You immediately. In the event of cancellation, The Producers will offer you the opportunity to reschedule the Event for another mutually available date. Offering a rescheduled date will be considered full discharge of The Producers’ obligations. Refunds will only be provided where rescheduling is not reasonably possible.
Cloaked Events will (except as a result of breach of this Contract by You, which may include any failure to pay fees when due) offer You the option of a full refund of all fees paid or rescheduling the Event to a mutually agreeable date, subject to availability.
Cloaked Events shall not be liable for any indirect or consequential losses incurred by You as a result of such cancellation or postponement, including but not limited to travel or accommodation costs.
Changes to Events:
The Cloaked Events immersive live game events are designed to be delivered in a variety of environments, including both indoor and outdoor settings. While some activities may be more weather-dependent than others, all activities have viable indoor and/or alternative versions, and Cloaked Events maintains contingency plans to ensure events can proceed safely and effectively.
Events will normally continue regardless of weather conditions, except where The Producers reasonably determine that conditions present a genuine safety risk or make delivery impractical or impossible. Changes to the original format, setting or sequence of activities due to weather do not entitle You to cancel or receive a refund, provided the Event remains materially consistent with the nature and purpose of the original experience.
From time to time, The Producers may need to adjust certain elements of the Event due to the availability or operational constraints of venues or external suppliers. Where this happens, The Producers may replace, adapt or modify activities, locations or timings, provided that the overall Event remains substantially similar in style, quality and experience. Such adjustments do not give rise to a right to cancel, withdraw or receive a refund unless the Event becomes substantially different from the experience originally booked.
You acknowledge that the collaborative, bespoke nature of the Games requires flexibility. Accordingly, You may not cancel or withdraw from the Contract due to changes in activity format, order, venue space, indoor/outdoor delivery, or third-party substitutions, provided that the Event continues to deliver a genuinely immersive experience aligned with the original concept.
Any changes to the Event details will be communicated to You in advance. Only if such changes are significant and materially alter the nature of the Event (as further described above) will You have the option to cancel and receive a pro-rata refund for services not yet rendered.
Cloaked Events will use reasonable endeavours to accommodate any requested changes by You, but it shall be under no obligation to do so. If any requested change involves a change in fees, Cloaked Events will notify You. If You do not confirm your acceptance to any such amendment, the booking shall remain unchanged and Cloaked Events will provide the Event at the original agreed fee and without the requested change unless agreed otherwise.
Where a refund is due to You, Cloaked Events’ liability will be limited to the amount of the fees You have paid, and it will not be liable for any expenditure, damage or loss incurred by You as a result of any cancellation or postponement.
Your Responsibilities
You shall ensure that the terms of the Booking Confirmation are complete and accurate and that you have the express consent of each Participant to provide any personal data about them and that they have been informed about how Cloaked Events will handle their personal data in accordance with our Privacy Policy. By providing Cloaked Events with a child’s information, You confirm that You are the parent or legal guardian of the child (or are acting with the full authority of a person who has parental responsibility), and the child’s attendance does not require approval from any other individual with parental responsibility, or, where such approval is required, You have obtained it before submitting the information.
You shall provide Cloaked Events with all necessary information, access, and cooperation required for the successful delivery of the Event, and ensure that that information is and remains complete and accurate in all material respects.
You are responsible for ensuring the suitability of the chosen venue (if not provided by Cloaked Events), providing Cloaked Event’s personnel with access to the venue before the Event's scheduled start time (agreed as part of booking process and noted on your booking confirmation) to enable them to prepare for the delivery of the Event, and for obtaining any necessary security passes, permits, consents or licenses for the duration of the Event (including the use of parking space or parking permits where necessary).
You agree to comply (and, where applicable, ensure that Your staff and agents comply) with the terms of this Contract and any instructions or notices from The Producers, and to ensure that any Participants so comply. You shall ensure that Participants adhere to all rules, guidelines, and health and safety instructions provided by Cloaked Events and any external providers.
You shall ensure that Participants behave in a responsible and safe manner at the Event, and The Producers reserve the right, without any liability, to remove or request that You remove any Participants in breach of this clause from the Event and the venue, including if in The Producers’ reasonable opinion, You (or they) represent a security risk, nuisance, danger or annoyance to the running of the Event.
You shall be responsible for the conduct of the Participants and for any injury or damage caused by You or them to Cloaked Events' personnel, materials, equipment or the venue.
If Cloaked Events’ performance of any of its obligations under the Contract is prevented or delayed by any failure by You to perform any of Your obligations (“Customer Default”), then, without limiting or affecting any other right or remedy available to it:
Cloaked Events may suspend performance, and rely on the Customer Default to relieve it from the performance, of the affected obligations until You remedy the Customer Default;
Cloaked Events shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from Cloaked Events’ failure to perform or delay in delivering the Event; and
You shall reimburse Cloaked Events on written demand for any costs or losses sustained or incurred by it arising directly or indirectly from the Customer Default.
In-Game Activities
Some in-game activities, missions or challenges (particularly those involving outdoor pursuits, specialist equipment or physical activities such as archery and axe-throwing) may be delivered by independent third-party suppliers (“External Suppliers”). Where this is the case, Cloaked Events will make this clear to You in advance.
When an activity is delivered by an External Supplier, You acknowledge and agree that:
Unless otherwise expressly agreed with Cloaked Events, You will enter into a separate contract directly with the External Supplier for the provision of that activity and to the fullest extent permitted by law, Cloaked Events disclaims any and all liability for any act or omission or any such third party or any loss incurred by You as a result of your contract or arrangement with them;
the External Supplier, and not Cloaked Events, is solely responsible for providing the activity, ensuring it is carried out safely, and complying with all applicable laws, regulations and industry standards; and
Cloaked Events does not supervise, direct or control the External Supplier and is not a party to the contract between You and the External Supplier.
As the activity is provided under a direct contract between You and the External Supplier:
the External Supplier is solely responsible for the delivery, safety, quality and performance of the activity;
any issues, complaints, claims, refunds, injury, damage or loss arising from or in connection with the activity must be addressed to the External Supplier; and
Cloaked Events will not be liable for any act or omission of an External Supplier or for the performance or non-performance of any third-party activity, except to the extent such liability cannot be legally excluded.
Cloaked Events does not promote, endorse or accept any responsibility for the activities provided by the External Suppliers and it is Your responsibility to satisfy yourself as to the quality and suitability of their offerings. Their own terms and conditions apply to purchase You make from them.
On occasion, and only where You expressly request it, Cloaked Events may agree to collect or pass through payment to an External Supplier on Your behalf as a convenience service. Where this happens:
Cloaked Events so solely as Your agent for payment purposes;
this does not make Cloaked Events a party to Your contract with the External Supplier;
the External Supplier remains fully responsible for delivering the activity; and
You remain responsible for any amounts due to the External Supplier.
To the extent necessary for safety, logistics or delivery of the activity, Cloaked Events may share relevant information You have provided to Cloaked Events (e.g., names, ages, accessibility or health information, and contact details). External Suppliers may have their own terms and privacy policies, which will apply to their handling of Your data.
You agree to comply with any instructions, rules or requirements provided by the External Supplier in connection with the third-party activity, including any safety guidance.
Intellectual Property
All intellectual property rights in the Game including concepts, designs, storylines, methods, missions, game mechanics, processes, strategies, materials, documents, puzzles, scripts, rules, characters, artwork, props, music, audio-visual materials, and any other content used or provided as part of the Event (together, the “Materials”) remain the sole property of Cloaked Events or its licensors (as applicable). You agree to use the Materials in accordance with any instructions and/or guidelines notified to You. Cloaked Events grants You and Your group a limited, non-exclusive, non-transferable licence to use the Materials solely for the purpose of participating in the Event on the agreed date. The licence granted to You does not give You any ownership rights in the Materials.
You may not: (a) reproduce, copy, rent, sell, publish, share, distribute, sub-licence, broadcast or otherwise transmit or adapt any part of the Game (including the Materials); (b) create derivative works or develop similar events, games, puzzles or experiences; or (c) remove, alter or obscure any copyright or proprietary notices, in each case without the prior written consent of Cloaked Events. Any unauthorised use of our Materials may result in immediate removal from the Event and/or legal action.
Our trading names, logos and trademarks (whether registered or unregistered) are the property of Cloaked Events Ltd. You may not use them without the prior written consent of Cloaked Events.
If you upload, post or publish any quotes, testimonials or other materials pertaining to or in connection with the Event, unless agreed otherrwise, You hereby grant Cloaked Events a non-exclusive, royalty-free, perpetual, irrevocable licence to display and distribute the same on its website, social media channels and in any marketing materials associated with and/or promoting its events and services.
Health and Safety
You acknowledge that participation in the Game involves physical activity and potential risks. Each Participant will be required to complete the Waiver referred to in clause 2.2 before taking part.
Participation is subject to compliance with all safety instructions, and we may refuse admission or remove a Participant where safety is at risk.
Data Protection
Each party shall comply, and provide reasonable assistance to the other party to comply, with all applicable data protection laws in force from time to time in connection with the performance of the Contract, including the Data Protection Act 2018 and GDPR to the extent that the Producers collect and process any personal data supplied in connection with Your involvement in the Game.
For complete details of Cloaked Events’ collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.
Force Majeure
Cloaked Events shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control (“Force Majeure Event”). Such events may include, but are not limited to, war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, power failure, internet service provider failure, strikes, lock-outs or other industrial dispute, epidemic, pandemic, natural or nuclear disaster, adverse weather conditions, fire, explosion, flood, storms, earthquakes and all similar events outside The Producers' control.
In the event of a Force Majeure Event, Cloaked Events shall be entitled to cancel the Contract by immediate written notice to You. If the Contract is cancelled, Cloaked Events shall be entitled to charge You for reasonable preparation and administration costs incurred by it and any unavoidable third party costs or expenses paid or committed to by it for the Event (together, the “Supplier Costs”) less any fees paid by You at the date of cancellation (“Customer Payments”). If Customer Payments exceed Supplier Costs, Cloaked Events shall reimburse the difference.
Third Party Rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Limitation of Liability, Disclaimer and Indemnities
References to liability in this clause 13 include every kind of liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
If you are a consumer, Cloaked Events will be responsible for any foreseeable loss or damage that You may suffer as a result of its breach of this Contract or as a result of its negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by the parties when the Contract is created. Cloaked Events will not be responsible for any loss or damage that is not foreseeable.
Subject to clause 13.8, Cloaked Events shall not be liable for: (a) the death of, or injury to, You or any Participant; or (b) loss, damage or theft of any property, except to the extent that the same arises from Cloaked Event’s negligence.
Subject to clause 16.7, to the maximum extent permitted by law, the Producers’ total liability to You is limited to re-performance of the Event or a refund up to the amount You paid for the affected booking.
Insofar as is permitted by law and subject to clause 13.8, Cloaked Events shall not be liable for any special, indirect or consequential loss, damage, cost, expense or other claim or for any of the following losses, whether actual or anticipated: income, sales, revenue, business, business opportunity, business interruption, profit, contracts, savings, publicity, advertising, reputation, goodwill, loss of enjoyment, management time, or wasted expenditure.
Except as expressly stated in these Conditions and to the fullest extent permitted by law, Cloaked Events makes no representations or warranties regarding the Event or any other matter pertaining to these Conditions. Our events are tailored to suit a variety of tastes and we make no warranty or representation that the Event will be fit for a particular purpose, that any specific results may be obtained from attending it, or that it will meet your requirements or expectations.
You agree to indemnify The Producers and The Producers' assigns and licensees, and each of its and their respective officers, directors, agents, licensors, partners and employees, against any and all claims, losses, liabilities, costs, expenses, and/or damages suffered directly or indirectly by The Producers as a result of the breach, non-performance, or non-observance by You or any of the Participant's obligations and representations under this Contract, including any loss or damage to any facilities or equipment (including that belonging to third parties) caused by you (or your agents or employees, where applicable), or resulting from any claim made by any third party due to or arising out of: (a) Your breach of this Contract; (b) Your improper conduct or behaviour at the Event; and (c) Your breach of any law, rule, regulation or the rights of any third party. To the fullest extent permitted by law, You agree to indemnify and hold Cloaked Events harmless for any and all property damage or personal injury that results from or is related to the Event that is not directly caused by Cloaked Events’ negligence.
Nothing in the Contract limits Your liability for payment of fees properly due and owing to Cloaked Events, or any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation.
Nothing in these Conditions seeks to exclude or limit the legal rights of anyone purchasing as a consumer. For more details of Your legal rights if you are a consumer, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Complaints
By law, Cloaked Events must provide services that are of satisfactory quality, and as described at the time of purchase, in accordance with any pre-contract information provided, unless You have been made aware of any differences.
Cloaked Events always welcome feedback from its customers, and, whilst it uses all reasonable endeavours to ensure that Your experience of an event is a positive one, it nevertheless wants to hear from You if You have any cause for complaint. If so, please raise the matter in the first instance to info@cloakedevents.com.
Cloaked Events wants every event to be enjoyable and successful. If You have any concerns before, during or after an event, please let Cloaked Events know as soon as possible so it has the opportunity to resolve them. Please notify the on-site Event lead as soon as possible if something is not as expected, so that the Producers can try to put it right at the time.
If the issue cannot be resolved during the Event, please contact Cloaked Events within 7 days of the Event date, explaining what went wrong and what outcome You are seeking. Cloaked Events will acknowledge and investigate Your concern and aim to respond within 14 days. Cloaked Events may ask You for additional information or evidence (such as photos, times, and names of staff involved).
Where Cloaked Events agrees that there has been a genuine failure in delivery that renders the Event substantially different from the experience originally booked, for example due to a significant disruption arising from Cloaked Events’ negligence, it will offer one of the following remedies at its discretion: (a) re-performance or retaking the Event (where practical); (b) rebooking for another date; or (c) a full or partial refund (as legally required) reflecting the affected portion of the Event.
Some feedback relates to personal taste or preference (for example, how difficult, easy, intense or immersive certain activities felt). In these cases, Cloaked Events may offer a goodwill gesture if it thinks it is appropriate, such as a discount on a future event, but this will be entirely at its discretion. Goodwill gestures are not an admission of fault.
Entire Agreement
This Contract (including the Booking Confirmation) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Severability
If any provision or part-provision of the Contract is held to be invalid, illegal or unenforceable, such provision shall be deemed deleted and the remaining provisions shall remain in full force and effect.
Survival
On completion or cancellation of the Contract for whatever reason:
any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and
completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.
Assignment and Other Dealings
Subject to clause 18.2 and 18.3, neither party shall assign, novate or transfer any or all of its rights and obligations under the Contract without the prior written consent of the other party.
Cloaked Events may, on written notice to You, assign, novate or transfer any or all of its rights and obligations under the Contract to a member of its corporate group or to any person to which it transfers its business or that part of its business to which the Contract relates.
Cloaked Events may subcontract any of its obligations under the Contract without Your prior written consent. Cloaked Events shall be responsible for all acts and omissions of its subcontractors as if they were its own acts or omissions.
Confidentiality
Each party undertakes that it shall not at any time disclose to any person any confidential information (whether disclosed or made available to it in writing, orally or by any other means) concerning the business, assets, affairs, pricing, customers, suppliers, plans, products or know-how of the other party, except as permitted by clause 19.2. Cloaked Events’ confidential includes, without limitation, any puzzle solutions, clues, secrets, or internal workings of the Game.
Each party may disclose the other party's confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, or to its employees, officers, representatives, contractors, subcontractors or advisers who need to know that information for the purposes of carrying out the party's obligations under the Contract (“Representatives”). Each party shall ensure that its Representatives to whom the other party's confidential information is made available in connection with the Contract are informed of its confidential nature and comply with this clause 19.
Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under the Contract.
Announcements
Where You are a corporate customer, Cloaked Events may use Your name and logo for the purposes of promoting its work and its business including on its website and in credentials pitches.
Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Notices
Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (in the case of Cloaked Events or a corporate customer) or its address as notified in the Booking Request (in the case of a non-corporate customer); or
sent by email to info@cloakedevents.com (in the case of Cloaked Events), or to the email address notified in the Booking Request in Your case (or an address substituted in writing by the party to be served).
Any notice shall be deemed to have been received:
if delivered by hand, at the time the notice is left at the proper address;
if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
if sent by email, at the time of transmission, or, if this time falls outside business hours (9am to 5pm on any Business Day) in the place of receipt, when business hours resume.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Governing Law and Jurisdiction
The Contract, and any dispute or claim (including any contractual or non-contractual matters arising in relation to these Conditions or its subject matter or formation) are governed by and construed in accordance with the law of England and Wales.
Any disputes concerning these Conditions, the relationship between us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
If You are a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in this clause takes away or reduces Your rights as a consumer to rely on those provisions.