THE TERRACE & UPSTAIRS AT BUSHY’S TERMS AND CONDITIONS FOR TICKETED OR EXCLUSIVE HOSPITALITY BOOKINGS; AND PRIVATE OR GROUP EVENT BOOKINGS DEFINITIONS In these Terms and Conditions (the “Conditions”), the following words shall have the following meanings: “Event Date(s)” means the date(s) on which the Services are to be provided; “Fee” means the amount to be paid by you in consideration for Revel’s agreement to provide the Services; “Force Majeure” means any circumstances outside the reasonable control of Revel including, without limitation, acts or threatened acts of terrorism, strikes, lockouts, transferable disease or outbreaks, industrial disputes or other restraints or stoppages of labour, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order rule or direction, rules or instructions of any competent authority, inability to obtain supplies, inclement weather, accident, breakdown of equipment, plant or machinery, fire, flood or storm; “Revel” means Revel Limited, a company registered in the Isle of Man with number 129871C whose registered office is at Perth House, 27 Falkland Drive, Onchan, Isle of Man, IM3 1EG; “Guest(s)” means the number of person(s) that you are authorised to invite or attend The Terrace – Upstairs at Bushy’s on the Event Date in the course of the provision of the Services. In the event that Services are to be provided to you and your Guests, Revel will grant access to the ‘The Terrace’ and ‘Upstairs at Bushy’s’ only up to the aggregate limit of you and your Guests; “Services” means the hospitality services to be provided by Revel and the team at Bushy’s TT Village to you in accordance with these Conditions; “The Terrace’ and ‘Upstairs at Bushy’s” means the upper colonnade at the Villa Marina and all structures and equipment thereupon; “you” / “your” means the person, firm, organisation or company making the booking; and “Villa Marina” means the Villa Marina, Harris Promenade, Douglas, Isle of Man, IM1 2HP. APPLICATION OF THE CONDITIONS Save that you will also be required to comply with the Villa Marina’s regulations, these Conditions shall govern the provision of the Services to you by or on behalf of Revel. These Conditions shall become binding upon you at the point of purchase. PAYMENT The full Fee, as advised to you by Revel, must be paid in full at an agreed date, before the Event Date. No payment shall be deemed received until Revel has received cleared funds. Time for payment shall be of the essence. Revel reserves the right to resell the Services (or any part thereof) in the event of any default in payment, postponement or cancellation. Deposits for group bookings are non-refundable. OPENING ‘The Terrace’ and ‘Upstairs at Bushy’s’ opens from 17.00-23.55 on selected dates during TT 2020, unless otherwise agreed. Please visit the website for further information – CANCELLATION/FORCE MAJEURE In the event of cancellation as a result of Force Majeure, we are unable to offer refund. In the event that you choose not to attend on an Event Date for any reason, we are unable to offer a refund. Revel shall not be deemed to be in breach of these Conditions or otherwise liable to you as a result of any delay or failure in the performance of its obligations under these Conditions if and to the extent that such a delay or failure is caused by Force Majeure. GUESTS You shall be responsible and liable for the conduct of all Guests and shall ensure that all Guests conduct themselves in an orderly fashion, refrain from anti-social behaviour and abide by these Conditions. Failure to do so may result in Revel cancelling the Services at any time without liability and/or without refund to you. LICENSING ‘The Terrace’ and ‘Upstairs at Bushy’s’ forms part of the Bushy’s TT Village and is licensed for the sale of alcohol pursuant to the Licensing Act 1995 (as amended) (“the 1995 Act”). The licence holder is Key Bar Events Limited who operate Bushy’s TT Village. The management of Bushy’s TT Village therefore have full control of the event and hospitality space and are the “responsible person[s]” for the purposes of the 1995 Act. Any rights reserved to Revel by these Conditions, including (without limitation) the right to refuse access or service of alcohol, are similarly reserved to Key Bar Events Limited. Any decision by Revel or Key Bar Events Limited to refuse access or service of alcohol will be final and your attention is drawn to section 28 of the 1995 Act which reads, “(1) The responsible person, and any employee or agent of the responsible person, may, without giving any reason — (a) refuse to admit any member of the public to licensed premises; or (b) refuse to supply liquor to any person, if he considers it inadvisable to do so. (2) The responsible person, and any employee or agent of the responsible person, may, without giving any reason, order any person to leave licensed premises.” It is an offence for any person to fail or refuse to leave licensed premises after being ordered to do so by the responsible person or any employee or agent of the responsible person or a police officer. AGE ‘The Terrace’ and ‘Upstairs at Bushy’s’ is an 18+ zone. You may be asked to produce Identification by our team. DRINK AND CATERING Hospitality on The Terrace will be informal and interactive. Food will be prepared at open firebowls from where you will be provided with food service. Food will not be served to tables or the bar space. We are taking every effort to reduce single use plastics and support the environment. Food will be served on disposable platters made from palm leaves; cutlery will be non-plastic and environmentally friendly. Drinks will be served from reusable and compostable products when available. Please support us in our efforts by reusing your drinks glasses where possible. SMOKING AND SUBSTANCES Smoking is prohibited in the covered tents, firebowl and food service areas. Smoking is allowed in the open air terrace areas. Possession and abuse of illegal substances is banned at all times and will be treated seriously. BRANDING AND ADVERTISING Please note that your ticket does not permit you to display corporate or any commercial branding on The Terrace, Upstairs at Bushy’s or at the Bushy’s TT Village. Branding and advertising is available throughout the Bushy’s TT Village site but must be agreed in advance with Revel. OBLIGATIONS You warrant, represent and undertake that you and any Guests shall: (a) comply with these Conditions; (b) not use The Terrace or Upstairs at Bushy’s for any purpose which Revel or Bushy’s TT Village may consider (in its sole discretion) illegal, immoral, dangerous and/or inappropriate; (c) not cause any nuisance or annoyance to any other person whatsoever, nor cause any obstruction to the access or egress at The Terrace or Upstairs at Bushy’s; (d) not damage The Terrace or Upstairs at Bushy’s nor litter or leave waste, but keep it in a clean and tidy condition, at all times to Revel’s and Bushy’s TT Village’s satisfaction; (e) not bring into The Terrace or Upstairs at Bushy’s any dangerous or illegal substances; (f) not install or tamper with any fixtures or fittings in The Terrace or Upstairs at Bushy’s; (g) at all times comply with the instructions of Revel and/or its officers, employees or agents in relation to the Services and The Terrace or Upstairs at Bushy’s; and (h) not remove any equipment nor any other fixture, fitting or other item of property belonging to Revel, Bushy’s TT Village and/or their sponsors or guests, from The Terrace or Upstairs at Bushy’s. LIABILITY Nothing in these Conditions shall limit either party’s liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation. To the fullest extent permissible in law, neither Revel nor any of its officers, employees or agents shall be liable or responsible for (whether in tort, contract or otherwise): (a) any loss, damage or injury to you and/or any Guest or to any property belonging to you or any Guest in or upon The Terrace or Upstairs at Bushy’s, resulting from any cause whatsoever; and/or (b) any loss of profit, loss of use, loss of opportunity or any indirect, economic or consequential losses whatsoever; and/or (c) cancellation, postponement or rearrangement of the Services by Revel. You shall indemnify and hold Revel and Bushy’s TT Village, their officers, employees and agents harmless in respect of: (a) any breach by you and/or your Guests of any of your warranties, undertakings and/or obligations under these Conditions; and/or (b) any damage caused by you and/or your Guest(s) to The Terrace – Upstairs at Bushy’s. MISCELLANEOUS No food or alcohol may be brought into The Terrace or Upstairs at Bushy’s. Revel and Bushy’s TT Village reserves the right, in their sole discretion, to refuse admission to you, any Guests and/or any other individual(s) to the Villa Marina and/or The Terrace and Upstairs at Bushy’s (as applicable) and/or to evict you, any Guests and/or any other individual(s) from such venues. Revel reserves the right to amend these Conditions at its discretion. Any personal information, including (without limitation), your name, address (including postcode) and/or email address will be held by Revel in accordance with Revel’s privacy policy. No waiver by Revel of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby. This Agreement is personal to you. You shall not sell, assign, pledge or otherwise transfer your rights under this Agreement, without the prior written consent of Revel. To the fullest extent permissible in law, neither these Conditions are intended to nor shall they create any rights, entitlements, claims or benefits enforceable by any third person (including, without limitation, Guests). Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Conditions or the Services by virtue of the Contracts (Rights of Third Parties) Act 2001. These Conditions shall be governed and construed in accordance with the Laws of the Isle of Man. The Isle of Man Courts shall have exclusive jurisdiction in the event of any dispute.