Nottingham Forest Football Club
Hospitality Terms and Conditions 2017/18 Season
These terms and conditions (“Conditions”) and any documents referred to in these Conditions apply to all Bookings for Hospitality Packages with Nottingham Forest Football Club Limited (“NFFC”). By making a Booking with NFFC for a Hospitality Package, the Client acknowledges and agrees that it shall be bound by these Conditions.
The Club reserves the right to amend the Conditions from time to time. Where the Club amends the Conditions, it shall inform you of the changes and those revised Conditions will apply to your use of your Hospitality Package from that date.
1. Definitions and Interpretation
1.1. In these Conditions, the following terms shall have the following meanings:
“Agreement” means these Conditions, the Confirmation, the Ticket Terms and Conditions, the Terms and Conditions of entry, the Ground Regulations and any other documents referred to herein;
“Booking” means the Client’s order for a Hospitality Package with NFFC;
“Client” means the person named in the Confirmation;
‘’Conditions’’ –each of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League and EFL; the Ground Regulations and the Conditions;
“Confirmation” means the letter of agreement from NFFC to the Client confirming the Client’s Booking; “Ground” means The City Ground, Pavilion Road, Nottingham, Nottinghamshire NG2 5FJ and all locations owned, occupied or utilised by the Club;
“EFL” means the Football League Limited
“Ground Regulations” means NFFC’s ground regulations as issued by NFFC from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground, a copy of which is available upon request;
“Guest” means a person who has been granted use of a Ticket and/or part of a Hospitality Package by the Client, being someone who would be eligible to purchase that Ticket or Hospitality Package himself/herself under these Conditions;
“Hospitality Package” means the hospitality package for the Match(es) set out in the Confirmation comprising either a Seasonal Hospitality Package or a Matchday Hospitality Package;
“Hospitality Package Price” means the total price for the Hospitality Package as set out in the Confirmation, plus VAT;
“Match” means a EFL League football match, Carabao Cup match, FA Cup match, Youth Team match or any friendly match in which NFFC participates and that takes place at the Ground during the 2017/18 Season, as designated upon the Ticket to which these Conditions apply and as specified in the Confirmation;
“Matchday Hospitality Package” means a package for hospitality in a Suite for a particular Match;
“Season” means the 2017/18 EFL Season which begins week commencing 5th August 2017;
“Seasonal Hospitality Package” means a package for hospitality in a Suite for the Season as mentioned above for 23 home EFL Championship League Matches only played by The Club;
“Seasoncard” – means the plastic card embedded with a chip which uses radio frequency technology to grant the holder access to the Ground for the Seasonal Hospitality Package. This is issued subject to such of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League and The EFL as maybe relevant to the competition in question, these Conditions and the Club’s Ground Regulations. The Seasoncard will remain the property of the Club at all times and as such must be produced if requested by any official, steward, employee of the Club or any police officer. The Club reserves the right to retain the Seasoncard at any time;
“Suite” means the hospitality suite at the Ground whereby the Hospitality Package takes place, as set out in the Confirmation or as amended from time to time in accordance with clause 7;
‘’Terms and conditions of entry’’ – Each of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League and The Football League; the Ground Regulations; and the Conditions;
‘’The Club’’– Nottingham Forest Football Club Limited;
“Ticket” – means a printed barcoded paper ticket or any other form of ticket (and/or any rights arising out of or in connection with any of the foregoing) which will grant access to the Ground for a Match (this is an alternative to the Seasoncard as a form of entry to the Ground, and is used by supporters not in possession of a Seasoncard );
“Ticket Terms and Conditions” means NFFC’s ticket terms and conditions, a copy of which can be found at: www.nottinghamforest.co.uk or is available upon request; and
‘’Visiting Club’’ – The football club playing against the Club in any Match.
In these Conditions: (i) headings are for identification and indexing purposes only and they shall not affect the construction or interpretation of these Conditions; (ii) words importing the singular shall include the plural and vice versa; (iii) references to a “person” shall include natural persons, corporate or unincorporated bodies (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns; (iv) references to a “party” shall mean either NFFC or the Client as the context requires and “parties” shall mean both of them; and (v) the word “including” will be construed without limitation unless inconsistent with the context.
2. The Contract
2.1. The Agreement is made between NFFC and the Client on the Conditions set out herein.
2.2. Hospitality Packages are subject to availability and Bookings cannot be confirmed by NFFC or reserved until payment of the Hospitality Package Price has been received in full from the Client in accordance with Clause 3. Only upon receipt of Confirmation from NFFC and NFFC receiving a signed copy of the same from the Client shall there be a binding contract.
2.3. By making a Booking, the Client shall be deemed to have accepted these Conditions which shall govern the provision of the Hospitality Package to the Client to the exclusion of and will prevail over any other terms and conditions (including any terms and conditions that the Client may seek to impose on NFFC). If there is any inconsistency between any of the provisions of these Conditions and the provisions of any other of NFFC’s rules, terms and conditions or regulations, the provisions of these Conditions shall prevail.
2.4. The Client must ensure that all information set out in the Confirmation is full and accurate in all respects and must immediately notify NFFC of any errors or omissions.
3. Prices and Payment Terms
Seasonal Hospitality Packages:
3.1. Where the Hospitality Package is a Seasonal Hospitality Package, payment of the Hospitality Package Price must be made in accordance with the terms of the Confirmation either as: (i) an upfront payment; (ii) in upfront instalments throughout the Season; or (iii) a direct debit payment plan, depending on the payment options available for the particular Seasonal Hospitality Package, and as agreed with NFFC.
3.2. From time to time deposits may be payable by Clients, however in no circumstances will a deposit guarantee a Booking until either payment of the Hospitality Package Price has been made in full or, if the Hospitality Package Price is payable in instalments or by direct debit, the first instalment or direct debit of the Hospitality Package Price has been made in full, and in each case confirmed in accordance with clause 2.2.
3.3. The Client shall not be able to make use of any Seasonal Hospitality Package where the Hospitality Package Price or any instalment or direct debit thereof is not paid in accordance with the agreed payment terms by the due date for payment. The Club reserves the right to refuse entry to the Ground where the Client has an outstanding debt to the Club.
3.4. In respect of Seasonal Hospitality Packages, full payment or the first instalment must be paid on or before 1st July 2017. Failure by the Client to return a signed copy of the Confirmation and either the full or first instalment payment by 1st July 2017 will result in the reserved Seasonal Hospitality Package being cancelled in full by NFFC.
3.5. In the event of any failure to pay any instalment or direct debit payment of the Hospitality Package Price, NFFC shall be entitled to: (i) suspend the Client’s use of the Seasonal Hospitality Package until such payment is received in full; (ii) charge the Client interest on all overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and/or (iii) terminate the Client’s booking for the Seasonal Hospitality Package and make the Seasonal Hospitality Package available to other persons. NFFC shall have no liability to the Client for any failure by the Client to make use of any Seasonal Hospitality Package at a Match or any Matches due to the late payment of any sum by the Client. In the event that NFFC terminates the Booking and resells the Seasonal Hospitality Package for any remaining Matches, the Client shall remain liable to NFFC for the full Hospitality Package Price (it being acknowledged and agreed that in these circumstances NFFC will have incurred substantial time and effort in reselling the Seasonal Hospitality Package for the remaining Match(es) and may not be able to recover the full amount for such Match(es)).
Matchday Hospitality Packages:
3.6. Where the Hospitality Package is a Matchday Hospitality Package, the Hospitality Package Price must be paid upfront in full. Until payment is made for a Matchday Hospitality Package, the Matchday Hospitality Package will not be reserved or guaranteed to the Client and will be available to other persons to purchase.
3.7. If a Client wishes to make a Booking of a Matchday Hospitality Package within fourteen (14) days of the Match date then payment must be made in full by either credit/debit card payments or CHAPS so that NFFC is in receipt of cleared funds before the Match takes place.
3.8. If the Hospitality Package Price for a Matchday Hospitality Package is not received in full cleared funds by NFFC before the day of the Match, the Client shall not be able to make use of the Matchday Hospitality Package and NFFC shall have no liability to the Client for any failure by NFFC to allow the Client to make use of any Matchday Hospitality Package in accordance with this clause 3.8.
3.9. Tickets for the Match supplied as part of the Hospitality Package shall not be sent to the Client until the total Hospitality Package Price and any other amounts due under the Agreement at the date of the Match (plus VAT) has been received in full and cleared funds by NFFC.
3.10. All invoices issued by NFFC must be paid within fourteen (14) days of the invoice date and payment can be made by cheque, BACS, CHAPS, cash or credit/debit card (other than American Express), provided that cheque payments will only be accepted no later than fourteen (14) days before the applicable Match which is the subject of the Booking.
3.11. All Hospitality Package Prices quoted are exclusive of VAT which shall be payable by the Client to NFFC at the rate(s) applicable under English and Welsh law and prevailing at the date of Booking.
3.13. The Client acknowledges that from time-to-time the Club shall contact them via mail, telephone, SMS, fax or e-mail to communicate goods, services or promotions i.e Season ticket discount offers and other discount offers from partners.
3.14. The Client provides consent for sensitive personal data, collected on booking, to be used for the above purpose. Should the Client wish to exclude him/herself from receiving either NFFC related offers (i.e Season ticket discounts, kit promotions) or information from third parties/ our business partners they can do so by sending an email to email@example.com or writing to Marketing Department, Nottingham Forest Football Club, Pavilion Road, Nottingham, NG2 5FJ.
3.15. NFFC may share information regarding Clients’ and/or Guests’ with the police in order to prevent and reduce crime and/or to assist the police in investigating and/or prosecuting offenders or suspected offenders.
4. Cancellations and amendments by the Client
4.1. Alterations of Bookings will only be accepted at the sole discretion of NFFC and subject to any applicable adjustment to the Hospitality Package Price.
4.2. Once a Booking is made, the Client will not be able to cancel the Booking unless agreed by NFFC (such agreement to be in NFFC’s sole discretion and in exceptional circumstances only). In the event NFFC does agree to cancellation by the Client, the following terms and cancellation charges will apply:
4.2.1. Cancellation by the Client will only be valid if made in writing and will be effective from the date the notice is received in the office of NFFC;
4.2.2. If the Client cancels a Booking up to and including fourteen (14) days before the Match, NFFC shall be entitled to retain 20% of the Hospitality Package Price (plus VAT); and
4.2.3. If the Client cancels a booking within fourteen (14) days of the relevant Match, NFFC shall be entitled to retain 100% of the Hospitality Package Price (plus VAT).
4.3. The cancellation charges set out in this clause 4 represent liquidated damages to compensate NFFC for all losses incurred as a result of such cancellation and the parties acknowledge that they comprise reasonable pre-estimates of NFFC’s actual loss. Insofar as not already received, payments are due within fourteen (14) days of cancellation.
5. Rescheduled or cancelled Matches
5.1. No guarantees can be given by NFFC that any Match will take place at a particular time or on a particular date. NFFC shall not be liable for any loss, damage or expense (including any indirect or consequential loss or damage, loss of enjoyment or travel costs), arising out of or in connection with a Match being cancelled, postponed, curtailed, abandoned or subject to a change of schedule for any reason whatsoever, including due to rescheduling of fixtures, football rules or regulations, weather, government action, strike, civil commotion, national disaster, for health and safety reasons or otherwise due to circumstances beyond the reasonable control of NFFC.
5.2. In the event that any Match is cancelled, postponed or rescheduled, or NFFC cannot provide the Hospitality Package to the Client for any reason, NFFC agrees to offer the Client either: (i) the option of an alternative hospitality package of a comparable standard to the Hospitality Package for another Match of similar fixture grading; or (ii) a full refund of all and any payment made by the Client in respect of such cancelled or postponed Match only in circumstances where there is no alternative package available, or where such alternative package is unacceptable for reasonable causes, provided that the Client gives written notice to NFFC to this effect within 48 hours of notification of the alternative package proposed. The Client accepts that either an alternative package or repayment shall be in full and final settlement of all claims in respect of the cancelled Booking; NFFC shall have no further liability in this respect.
5.3. NFFC will make every effort to contact the Client in the event that a Match is cancelled, postponed or rescheduled and advise of the date change and available options. It is the Client’s responsibility to advise NFFC if the rescheduled fixture date is now unsuitable by the deadline given in the communication. Failure by the Client to contact NFFC within the appropriate time period will result in the Booking being maintained and no refund/ amendment offered, regardless as to whether receipt of the communication was acknowledged by the Client.
5.4. Save as set out in this clause 5, no refunds will be made in respect of Matches not attended, postponed, abandoned, delayed or rescheduled to accommodate live television coverage or for any other reason, or in any circumstance where NFFC has cancelled a Hospitality Package or Ticket as a result of the Client’s conduct or otherwise for a breach of the Agreement.
6.1. Subject to clause 6.7, NFFC shall have no liability to the Client or any of its Guests for any loss or damage of any nature arising from any breach of any express or implied warranty, term or condition of the Agreement or any negligence, breach of statutory or other duty on the part of NFFC or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the Agreement, except in accordance with these Conditions.
6.2. Subject to clause 6.7, NFFC shall not be liable for: (i) any loss suffered as a result of the exercise by NFFC of its rights under these Conditions; (ii) any loss, damage or injury to the Client or Guests including any property belonging to Clients or Guests in or around the Ground (including its approaches and car park) however caused; (iii) any loss, damage or injury to the Client or Guests caused by these Conditions; (iv) any indirect, incidental, special or consequential liability; (v) any loss of profits, loss of use, loss of opportunity or loss of or damage to goodwill; (vi) any losses arising from any interruptions and/or restrictions to the view of or enjoyment of a Match; or (vii) any loss incurred arising out of or in connection with any cancelled, postponed or abandoned Match or any rearranged fixture.
6.3. Subject to clause 6.7, NFFC’s total aggregate liability to the Client and its Guests in respect of all courses of action arising out of or in connection with the Agreement shall not exceed a sum equivalent to the Hospitality Package Price.
6.4. No liability is accepted by NFFC for any acts or omissions on the part of any of its suppliers, subcontractors or agents, except to the extent where NFFC has direct control over such supplier, subcontractor or agent, and whose own conditions of trading shall be deemed to be accepted by the Client.
6.5. The Client shall indemnify NFFC from and against all claims, costs demands, fines and expenses including legal fees which arise as a result of any actions or omissions of the Client or any of its Guests in breach of the Agreement including, without limitation, in respect of any damage to the Ground caused by the Client or its Guests.
6.6. NFFC has no responsibility for any property or personal effects of the Client or its Guests whilst at the Ground.
6.7. Nothing in these Conditions shall limit or exclude NFFC’S liability for (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded under applicable law.
7. Advertised Hospitality Packages
7.1. Whilst every reasonable effort will be made to ensure Hospitality Packages are provided as advertised, NFFC reserves the right to change the Hospitality Package (including but not limited to, timings and prices), and arrangements, as long as in the opinion of NFFC, it does not materially change the substance of the Hospitality Package.
7.2. The Client is purchasing the Hospitality Package and not the Suite or Executive Box therefore the location of the Hospitality Package is subject to change upon notice. The Club reserves the right to relocate the Client/ Guest to any other seat in the Ground at any time. Car Parking is subject to availability and will only be included as part of the Hospitality Package if specifically set out in the Confirmation or as otherwise allocated at NFFC’S discretion from time to time.
7.3. For certain non- EFL home games, in order to comply with competition regulations and in accordance with the provision of our existing safety certificate it may not be possible for the Club to offer all Seasonal Hospitality Guests the opportunity of purchasing their Ground seat. In this eventuality, the Club will endeavour to offer those guests the nearest seat (subject to availability).
7.4. Unless expressly stated that food and beverage is included as part of the Hospitality Package Price, the Client and its Guest shall be responsible for purchasing their own food and beverages whilst at the Ground.
8. Ticket Conditions
8.1. Tickets are issued subject to the Ticket Terms and Conditions and the Ground Regulations which the Client agrees to abide by as well as all other rules and conditions imposed by NFFC from time to time, relating to any Match and the Ground including, without limitation, any and all conditions of sale applicable to Tickets for the Match, and any other rules relating to attendance of the Match.
8.2. The Hospitality Package and/or Ticket is issued for the use of the Client and its Guests and the Client shall not sell, assign or transfer and shall ensure that its Guests shall not sell, assign or transfer the same or the benefit of it to any other person without the prior written consent of NFFC. References in these Conditions to selling a Hospitality Package and/or Ticket includes offering to sell a Hospitality Package and/or Ticket (including, without limitation, via any online auction website), exposing a Hospitality Package and/or Ticket for sale, making a Hospitality Package and/or Ticket available for sale by another person and/or advertising that a Hospitality Package and/or Ticket is available for purchase. For the avoidance of doubt (and by way of example only) the Hospitality Package and/or Ticket may not be offered as a prize in any promotion or competition, transferred, lent or sold to any third party as part of a hospitality or travel package, given to a third party who agrees to buy some other goods or services, or used for any other commercial purpose (all save as expressly authorised by the EFL, and/or NFFC).
8.3. The unauthorised sale or disposal of a Hospitality Package and/or Ticket 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. NFFC will inform the police in the event it becomes aware that a Hospitality Package and/or Ticket has been sold illegally and will press for charges to be brought against those breaking the law. If the Client is convicted of a ticket touting offence, or NFFC reasonably suspects the Client has committed such an offence, NFFC will notify the EFL who may in turn notify other EFL clubs and/or the relevant law enforcement authorities. The information that NFFC shares may include the Client and Guests’ personal data, information about the offence and about ticket purchases (including payment details). NFFC will use this to identify and prevent ticket touting offences and disorder at matches.
8.4. Hospitality Packages and/or Tickets shall not be resold or transferred save as set out in these Conditions and shall not be purchased or obtained from or through any commercial agent or company or otherwise than directly from NFFC or an official agent. Any Hospitality Packages and/or Tickets obtained in breach of these Conditions shall be void and all rights conferred or evidenced by such Tickets shall be nullified. Any person seeking to use a Hospitality Package and/or Ticket in breach of these Conditions in order to gain or provide entry to or remain at any Match may be refused admission to or be ejected from the Ground and may be subject to legal action.
8.5. A resale or transfer of a Ticket to any Guest will be subject to these Conditions and the Ground Regulations which will (save for any rights to transfer under this clause 8) apply to and bind that Guest as if they were the original purchaser of the Ticket. The Client must inform the Guest of this and NFFC may hold the Client responsible if it does not. References in these Conditions to ‘Client’ will be construed as including any Guest, if applicable. The Client must provide the name and address of Guest(s) when asked to do so by any official, steward or employee of NFFC or any police officer.
8.6. The Tickets supplied as part of the Hospitality Packages shall at all times remain the property of NFFC.
8.7. As a condition of admission all Clients and their Guests will be subject to the Ground Regulations in force at the time of booking and as amended from time to time. The Client’s attention is drawn in particular to the following Ground Regulations:
– Regulation 1: NFFC reserves absolutely the right to eject from the Ground any person failing to comply with any of the Ground Regulations or whose presence within the Ground is, or could, reasonably be constructed as constituting a source of danger, nuisance or annoyance to any other person.
– Regulation 9: The use of threatening behaviour, foul or abusive language is strictly forbidden and will result in arrest and/or ejection from the Ground.
– Regulation 17: Under the Sporting Events (Control of Alcohol etc) Act 1985, the following are offences for which a person can be arrested by a police officer and conviction could result in a Banning Order being made: 17.1 Attempting to enter the Ground or being inside the Ground whilst drunk; and 17.2 Being in possession of any intoxicating liquor, bottle, can or any other portable container which could cause damage or personal injury when entering the Ground or in a public area of the Ground from which the event can be directly viewed.
8.8. No food or drink is permitted to be brought into the Ground by the Client and/or each of its Guests.
8.9. Save only as set out in the Ground Regulations, no person may bring into the Ground or use within the Ground any equipment which is capable of recording or transmitting (by digital or any other means) any audio, visual or audio-visual material or any information or data in relation to a Match or the Ground.
8.10. Mobile telephones are permitted within the Ground provided they are used purely for the purpose of transmission and/or reception of voice data only and not being used to provide commentary of the Match in progress.
8.11. CCTV is employed and operated within the Ground and its Hospitality Suites for the purpose of control and safety of spectators. Where necessary, recorded images may be used as evidence.
8.12. The Client acknowledges that photographers will be present at various matches throughout the season and some crowd photographs may be used for media purposes. The Client hereby provides consent for their image to be used in this manner.
9.1. Any breach of the Agreement by any of the Client’s Guests shall be deemed to be a breach of the Agreement by the Client.
9.2. The Client is required to provide a full list of Guest names prior to the Match. NFFC reserves the right to refuse entry if a guest list has not been provided.
9.3. The Client shall be responsible for its compliance and observance (and that of any Guest) with the Agreement. Any act or omission by a Guest shall be deemed to be the act or omission of the Client. Misconduct by the Client or the Guest and/or failure to adhere to the Agreement or the Client or the Guest acting in a manner which NFFC considers is detrimental to its interests or is likely in the reasonable opinion of NFFC, to bring football or NFFC into disrepute, shall permit NFFC to confiscate or forfeit (in each case without compensation) their Tickets and/or ban the Client and/or the Guest from attending future Matches or other events at the Ground for such period of time as NFFC deems appropriate.
9.4. In the event that the Client or a Guest is in breach of the Agreement, NFFC reserves its right to take one or more of the following steps which it in its absolute discretion deems appropriate: (i) evict the person from the Ground; (ii) withdraw and cancel any Ticket or Hospitality Package; (iii) issue limited or lifetime bans; (iv) report the matter to the EFL who in turn may notify other EFL Clubs and/or the UK Football Policing Unit; (v) report the matter directly to the police; and/or (vi) take legal action. In any of these circumstances, no refund of all or any part of the Hospitality Package Price will be paid by NFFC. The Client also acknowledges that it may face action from the police in the event of certain of these breaches which may, among other things, render it liable to a fixed penalty fine and/or criminal prosecution.
10. Etiquette & Conduct
10.1. Whilst NFFC accepts that some of the Client’s Guests may favour the Visiting Club, the corporate seats available to the Client as part of the Hospitality Package are within the home supporters’ area in the Ground.
10.2. The Client shall be responsible for ensuring the good and orderly behaviour of all of its Guests whilst at the Ground and during the Match. If any person within the Client’s party behaves in a loud, disorderly, unruly or abusive manner or draws attention to themselves in their viewing seats, then the Client, immediately after being asked to do so by a representative of NFFC, shall procure that its Guest(s) shall leave the Ground.
10.3. NFFC reserves the right to exclude or eject any person from the Ground if, in its sole opinion, their behaviour is likely to cause distress, damage or annoyance to other persons or property. NFFC shall not compensate any person in any way in respect of such removal or requirement to leave the Ground.
10.4. NFFC reserves the right to charge the Client the cost of rectifying damage caused by the deliberate, negligent or reckless act of the Client or any of its Guests to any Suite, the Ground or NFFC’S property. Should this damage come to light after the Client and/or Guest has departed, NFFC reserves the right to make a charge to the Client’s credit/debit card, or invoice the Client for the same.
10.5. The Client and all Guests must adhere to the advertised dress code of the Hospitality Package purchased. NFFC reserves the right to refuse admission to any person wearing inappropriate items of clothing and/or footwear or to require any such person to leave the Ground. NFFC shall not compensate any person in any way in respect of such refusal or requirement to leave the Ground or Suite.
10.6. The Client’s right to use any Suite or hospitality area at the Ground will be solely for the time period informed to the Client by NFFC. The Client shall be responsible for ensuring that all of its guests and invitees vacate the Suite or hospitality area and the Ground by the time stipulated by NFFC.
11. Use of Marks
11.1. The Client may not use any intellectual property, trademarks, names (including nicknames) or logos of NFFC or any of its associated group companies, or images of the Ground or NFFC’s players, or claim any association with NFFC without NFFC’S prior written consent.
11.2. Save for official NFFC merchandise and/or other football related clothing worn in good faith (subject always to the dress codes applicable to the Hospitality Package), you shall not bring into, use or display within the Ground any sponsorship, promotional or marketing materials.
12.1. The Club reserves the right in its absolute discretion to change these Conditions from time to time. In this eventuality, the Club shall notify you should such changes materially affect the rights of any Client.
12.2. Should any part of the Agreement for any reason prove ineffective or unenforceable that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity of the remaining terms and conditions shall not be affected and shall be enforceable. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.3. No delay or omission on the part of NFFC in exercising any right, power or remedy provided by law shall impair such right, power or remedy, or operate as a waiver thereof.
12.4. No alterations to the Agreement made between the Client and NFFC for the Booking, sale and use of any Hospitality Package(s), may be made except with the express written consent of NFFC.
12.5. NFFC shall be entitled to assign or sub-contract any of its rights, benefits and interests in or under the Agreement to any third parties. The Client shall not assign, transfer or charge the benefits of the Hospitality Package(s) without the express written consent of NFFC.
12.6. Except as expressly set out in these Conditions and with the exception of the Premier League, FIFA, UEFA and the EFL, nothing in these Conditions is intended to confer on any person any right to enforce any Condition of a Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
12.7. The Agreement and any disputes under it shall be governed and construed in accordance with the laws of England and Wales and each party shall irrevocably submit to the exclusive jurisdiction of the English and Welsh courts.