Booking Terms and Conditions

1. Introduction

Your booking with The Franchise Alliance (UK) Ltd is made on the terms and conditions described in this document (“the Terms and Conditions”). You should read these carefully as, together with the booking confirmation form (as defined above) they form an integral and binding part of your formal contract (“this Contract”) with The Franchise Alliance (UK) Ltd

2. Definitions

In these Terms and Conditions the following words and phrases shall have the meanings indicated:  “Booking” means the formal agreement between you the Client and the Company (The Franchise Alliance (UK) Ltd referred to as the ‘TFA’) created when the Client signs the acceptance section of these Terms and Conditions; “Booking Confirmation” means the request by the Client for the Company to provide facilities and/or services as described in the Proposal; “Charges” means the amounts payable by the Client to the Company for the facilities and/or services provided by the Company in connection with the booking and confirmed by the Client; "Client" means the individual or organisation named above and in the Booking Confirmation (also referred to as the ‘Accredited Franchisor’ or ‘Accredited Supplier’); “Company” means The Franchise Alliance (UK) Ltd (or ‘TFA’), Unit 1, Lockside Office Park, Lockside Road, Preston, PR2 2YS.“Company’s Premises” means those buildings and facilities owned or controlled by the Company that are made available to the Client and Participants.

3. Cancellation by the Client

 The Booking becomes a binding contract between the Company and the Client upon receipt by the Company of a signed copy of the Booking Confirmation and therefore these Terms and Conditions.  As such there will be no refund of any payment made or due.

4. Cancellation by the Company

The Company shall be entitled to cancel the Booking, and thus terminate the Contract, in the event that the Client becomes insolvent or, where the Client is an individual, he/she becomes subject to a bankruptcy petition; or, in the reasonable opinion of the Company it considers that the Client, or any persons associated with the Client, might damage the reputation or the Premises of the Company.

5. Force Majeure

 If by reason of force majeure (including fire, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strife, civil commotion, war, fire or explosion or any other event beyond the control of the Company other than a shortage of money the Company is or anticipates that it will be prevented or hindered from fulfilling the substance of its obligations under this Contract, then the Company shall forthwith ensure that the Client is aware of the occurrence of any such event and the Client shall be entitled at any time after notice, so long as such cause still subsists, to cancel or suspend this Contract by notice in writing to the Client.  In the event of cancellation or suspension in this respect the Company shall be under no liability to the Client or any other third parties for any loss which they may sustain in consequence of any such cancellation or suspension.  Notice -Any notices required to be given under the provisions of this Contract shall be in writing and shall be deemed to have been duly served and if hand delivered or sent by email within the United Kingdom by first class registered or recorded delivery post and outside the United Kingdom by registered airmail post correctly addressed to the relevant party's address as specified in this Contract or of such other address as either party may designate from time to time in accordance with such.

Accredited Franchisor Terms and Conditions

1. Accredited Franchisors provide two client references and provide full payment before Accredited Franchisor status can be provided.
2. Client references must be from two existing clients, or clients that have received services from the company in the last 12 months.
3. The Accredited Franchisor brand cannot be used by other associated businesses or brands of the Accredited Franchisor Company without those companies subscribing in their own right.
4. Accredited Franchisor companies will receive recognition of their Accredited Franchisor status both within the TFA membership and to the public, as set out in the TFA’s benefits.
5. Suppliers will gain access to various information and benefits as outlined in the promotional material for the Accredited Franchisor subscription. These benefits can be changed by the TFA without notice or consultation at any time.
6. The TFA has the right to highlight or mention any company that is currently an Accredited Franchisor in the TFA’s own promotional work or communications.
7. The Accredited Franchisor gives the TFA permission to contact those regarding products and services available from the TFA and opportunities with third parties.
8. The TFA will have in place all suitable protection and security for all data held on the Accredited Franchisor organisation.
9. The subscription year for Suppliers will start from the date that the company gains successful entrance into the Accredited Franchisor category. 
10. The Charges paid by the Accredited Franchisor to the TFA will be for a subscription period of 12 months. Upon each 12 month anniversary of the Accredited Franchisors subscription Charges being paid and unless otherwise notified in writing by the Accredited Franchisor the TFA will automatically renew the Accredited Franchisors subscription for a further 12 month period subject to the Accredited Franchisors adherence to these Terms & Conditions.
11. Upon the automatic renewal of the subscription the TFA will charge to the Accredited Franchisor the then current subscription Charges for the following 12 months. Where the Accredited Franchisor has paid the previous periods subscription Charges via a method that allows the TFA to automatically take payment for the next 12 months subscription Charges, including but not limited to direct debit, credit card and debit card payments and the method of payment is still valid then the Accredited Franchisor gives the TFA the permission and authority to take such payment without prior notification. 
12. To retain the Accredited Franchisor status where the previous method of payment is no longer valid the Accredited Franchisor must pay the Charges listed on the TFA invoice for renewal of the subscription within 30 days of the date of the invoice.
13. Accredited Franchisor companies agree to pay all fees for membership and services in full and in line with the TFA’s payment terms.
14. The Accredited Franchisor category is not accessible to companies who come under any of the TFA’s Affiliate categories.
15. A company that does not currently use franchising, but has done in the past may be prevented from becoming a Accredited Franchisor if the TFA feels that their past use of franchising does not fall in line with the Code of Ethics of Franchising. 
16. If the TFA feels that the Accredited Franchisor Company has brought franchising or the TFA into disrepute the TFA has the right to cancel the Accredited Franchisor Company’s subscription to the Accredited Franchisor category without penalty and no refund for the Charges will be paid by the TFA to the Accredited Franchisor.
17. The Accredited Franchisor Company agrees to not promote, endorse or participate in any unethical franchising activity.
18. Accredited Franchisor companies agree to only use the Accredited Franchisor brand in line with the branding guidelines provided by the TFA.
19. The TFA holds no responsibility and provides no assurances for the quality of products or services provided by the Accredited Franchisor organisation. 
20. Outside of the Accredited Franchisor brand, Accredited Franchisor companies agree not to use any other TFA branding or logos, other than those that the TFA specifically agree to.
21. Any news submitted by Accredited Franchisor companies for inclusion on the TFA website or in the TFA newsletters will be for consideration only, with no guarantee of use.
22. The TFA has the right to change these terms and conditions without notice at any time.
23. The TFA has the right to cancel any company’s subscriptions to the Accredited Franchisor category without penalty if the Accredited Franchisor Company breaks any of the terms and conditions as set out herein.
24. Any complaints or questions regarding the Accredited Franchisor category can be put to the TFA in writing at: The Franchise Alliance, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS. We are registered in England and Wales under company number 09148175 and we have our registered office at, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS. This is also our main trading address.
25. As a corporate engagement similar to sponsorship arrangements the TFA has the right to refuse Accredited Franchisor subscriptions to any company it feels would be detrimental to the TFA, franchising industry or members of the TFA.
26. The TFA has the right to reject or cancel any Accredited Franchisor subscription of any company in line with the Accredited Franchisor Complaints Procedure.
27. The TFA reserves the right to increase subscription fees and will notify any such increase to Suppliers in advance. An Accredited Franchisor will only be required to pay such increased fees from the date stated in the notification if they wish to remain a Supplier.
28. Unless otherwise stated, the TFA or its licensors own the intellectual property rights in the services and materials provided on or through the TFA website or marketing collateral. Subject to the licence Franchisee Membership Terms below, all these intellectual property rights are reserved. 
29. Suppliers may view, download and print material provided through the TFA website for their own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions (unless permitted otherwise for outsourced services). Suppliers must not: republish material from the Website (including republication on another website); sell, rent or sub-licence services or material from the website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit services or material on the Website for a commercial purpose; edit or otherwise modify any services or material on the Website (other than their details in the Accredited Franchisor Directory or their member account); or redistribute services or material from the Website (except for content specifically and expressly made available for redistribution).
30. The TFA’s status (and that of any identified third parties or contributors) as the authors of material on the Website must always be acknowledged.
31. If any of the terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms which shall remain in full force and effect.
32. For the purposes of the Contracts (Rights of Third Parties) Act 1999 the parties do not intend any person other than the TFA and the Accredited Franchisor to be able to enforce any terms (save where may be expressly stated otherwise).
33. Any waiver by the TFA of a breach of any term shall not be considered as a waiver of any subsequent breach of the same or any other term. A delay in enforcing any term shall not be deemed to be a waiver.
34. These terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Accredited Franchisor Complaints Procedure

The Accredited Franchisor arrangement is not based on an accreditation of standards. However, the TFA still needs to protect its integrity and brand by retaining the power to reject or remove Suppliers that it believes negatively impact the TFA or its members, provide a bad service or could damage the image and brand of the TFA.

Application Stage

The TFA reserves the right to decline companies as Accredited Franchisors at the application process, as the Accredited Franchisor is a commercial arrangement between the TFA and individual organisations. If the TFA feels that it would be detrimental to work with that company it can cease the process with immediate effect. This does not however, prevent the TFA from reconsidering the company as an Accredited Franchisor at a later date.

The TFA will endeavour to let any company know that it will not wish to progress in any Accredited Franchisor application at point of initial application, but this may not always be possible.

Existing Suppliers

The Accredited Franchisor agrees to the Accredited Franchisor Terms and Conditions, which include the need for the Accredited Franchisor Company not to bring franchising or the TFA into disrepute, or promote, endorse or participate in any unethical franchising activity. Any interpretation of these terms is by the TFA not the Accredited Franchisor Company. Any breach of these terms will result in the TFA terminating the Supplier’s subscription without penalty to the TFA.

It is possible that the TFA will receive complaints from members regarding the service, quality, conduct and integrity of Suppliers. If the TFA can take this information as factual and is deemed to break any of the Terms and Conditions, the Accredited Franchisor may be terminated immediately without penalty to the TFA. If the information cannot be taken as factual, the TFA will take the decision as to whether it needs to investigate the matter further.

There may be complaints received from customers that do not conflict with the Terms and Conditions as individual cases, such as one occasion of unsatisfactory service. In these instances the TFA would record the incident and complainant, which would be kept confidential. On the instance where the TFA receives multiple complaints within any reasonable space of time, the TFA may decide to deny the Accredited Franchisor from renewing their subscription for the following year. The severity of the complaint/complaints and space of time will be interpreted by the TFA in relation to the individual cases. Any multiple complaints that together can be considered to breach any of the Terms and Conditions gives the TFA the right to terminate the Supplier’s subscription without any penalty to the TFA.

Right to Appeal

Any company reserves the right of appeal with any rejection/termination by putting their case forward to the TFA in writing to The Franchise Alliance, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS. The TFA will consider all appeals carefully and without prejudice, but will be under no obligation to overturn its previous decision.

Accredited Supplier Terms and Conditions

1. Supplier companies provide two client references and provide full payment before Supplier status can be provided.
2. Client references must be from two existing clients, or clients that have received services from the company in the last 12 months.
3. The Supplier brand cannot be used by other associated businesses or brands of the Supplier Company without those companies subscribing in their own right.
4. Supplier companies will receive recognition of their Supplier status both within the TFA membership and to the public, as set out in the TFA’s benefits.
5. Suppliers will gain access to various information and benefits as outlined in the promotional material for the Supplier subscription. These benefits can be changed by the TFA without notice or consultation at any time.
6. The TFA has the right to highlight or mention any company that is currently a Supplier in the TFA’s own promotional work or communications.
7. The Supplier gives the TFA permission to contact them regarding products and services available from the TFA and opportunities with third parties.
8. The TFA will have in place all suitable protection and security for all data held on the Supplier organisation.
9. The subscription year for Suppliers will start from the date that the company gains successful entrance into the Supplier category. 
10. The Charges paid by the Accredited Supplier to the TFA will be for a subscription period of 12 months. Upon each 12 month anniversary of the Accredited Suppliers subscription Charges being paid and unless otherwise notified in writing by the Accredited Supplier the TFA will automatically renew the Accredited Suppliers subscription for a further 12 month period subject to the Accredited Suppliers adherence to these Terms & Conditions.
11. Upon the automatic renewal of the subscription the TFA will charge to the Accredited Supplier the then current subscription Charges for the following 12 months. Where the Accredited Supplier has paid the previous periods subscription Charges via a method that allows the TFA to automatically take payment for the next 12 months subscription Charges, including but not limited to direct debit, credit card and debit card payments and the method of payment is still valid then the Accredited Supplier gives the TFA the permission and authority to take such payment without prior notification. 
12. To retain the Accredited Supplier status where the previous method of payment is no longer valid the Accredited Supplier must pay the Charges listed on the TFA invoice for renewal of the subscription within 30 days of the date of the invoice.
13. Supplier companies agree to pay all fees for membership and services in full in line with the TFA’s payment terms.
14. A company that does not currently use franchising, but has done in the past may be prevented from becoming a Supplier if the TFA feels that their past use of franchising does not fall in line with the Code of Ethics of Franchising. 
15. If the TFA feels that the Supplier Company has brought franchising or the TFA into disrepute the TFA has the right to cancel the Supplier Company’s subscription to the Supplier category without penalty.
16. The Supplier Company agrees to not promote, endorse or participate in any unethical franchising activity.
17. Supplier companies agree to only use the Supplier brand in line with the branding guidelines provided by the TFA.
18. The TFA holds no responsibility and provides no assurances for the quality of products or services provided by the Supplier organisation. 
19. Outside of the Supplier brand, Supplier companies agree not to use any other TFA branding or logos, other than those that the TFA specifically agree to.
20. Any news submitted by Supplier companies for inclusion on the TFA website or in the TFA newsletters will be for consideration only, with no guarantee of use.
21. The TFA has the right to change these terms and conditions without notice at any time.
22. The TFA has the right to cancel any company’s subscriptions to the Supplier category without penalty if the Supplier Company breaks any of the terms and conditions as set out herein.
23. Any complaints or questions regarding the Supplier category can be put to the TFA in writing at: The Franchise Alliance, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS.
24. We are registered in England and Wales under company number 09148175 and we have our registered office at, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS. This is also our main trading address.
25. As a corporate engagement similar to sponsorship arrangements the TFA has the right to refuse Supplier subscriptions to any company it feels would be detrimental to the TFA, franchising industry for the membership.
26. The TFA has the right to reject or cancel any Supplier subscription of any company in line with the Supplier Complaints Procedure.
27. The TFA reserves the right to increase subscription fees and will notify any such increase to Suppliers in advance. A Supplier will only be required to pay such increased fees from the date stated in the notification if they wish to remain a Supplier.
28. Unless otherwise stated, the TFA or its licensors own the intellectual property rights in the services and materials provided on or through the TFA website or marketing collateral. Subject to the licence Franchisee Membership Terms below, all these intellectual property rights are reserved. 
29. Suppliers may view, download and print material provided through the TFA website for their own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions (unless permitted otherwise for outsourced services).Suppliers must not: republish material from the Website (including republication on another website); sell, rent or sub-licence services or material from the website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit services or material on the Website for a commercial purpose; edit or otherwise modify any services or material on the Website (other than their details in the Supplier Directory or their member account); or redistribute services or material from the Website (except for content specifically and expressly made available for redistribution).
30. The TFA’s status (and that of any identified third parties or contributors) as the authors of material on the Website must always be acknowledged.
31. If any of the terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms which shall remain in full force and effect.
32. For the purposes of the Contracts (Rights of Third Parties) Act 1999 the parties do not intend any person other than the TFA and the Supplier to be able to enforce any terms (save where may be expressly stated otherwise).
33. Any waiver by the TFA of a breach of any term shall not be considered as a waiver of any subsequent breach of the same or any other term. A delay in enforcing any term shall not be deemed to be a waiver.
34. These terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Supplier Complaints Procedure

The Supplier arrangement is not based on an accreditation of standards. However, the TFA still needs to protect its integrity and brand by retaining the power to reject or remove Suppliers that it believes negatively impact the TFA or its members, provide a bad service or could damage the image of the TFA.

Application Stage

The TFA reserves the right to decline companies as Suppliers at the application process, as the Supplier is a commercial arrangement between the TFA and individual organisations. If the TFA feels that it would be detrimental to work with that company it can cease the process with immediate effect. This does not however, prevent the TFA from reconsidering the company as a Supplier at a later date.

The TFA will endeavour to let any company know that it will not wish to progress in any Supplier application at point of initial application, but this may not always be possible.

Existing Suppliers

A Supplier agrees to the Supplier Terms and Conditions, which include the need for the Supplier company not to bring franchising or the TFA into disrepute, or promote, endorse or participate in any unethical franchising activity. Any interpretation of these terms is by the TFA not the Supplier Company. Any breaking of these terms will result in the TFA terminating the Supplier’s subscription without penalty to the TFA.

It is possible that the TFA will receive complaints from members regarding the service, quality, conduct and integrity of Suppliers. If the TFA can take this information as factual and is deemed to break any of the Terms and Conditions, the Supplier may be terminated immediately without penalty to the TFA. If the information cannot be taken as factual, the TFA will take the decision as to whether it needs to investigate the matter further.

There may be complaints received from customers that do not conflict with the Terms and Conditions as individual cases, such as one occasion of unsatisfactory service. In these instances the TFA would record the incident and complainant, which would be kept confidential. On the instance where the TFA receives multiples of these complaints within any reasonable space of time, the TFA may decide to deny the Supplier from renewing their subscription for the following year. The severity of the complaint/complaints and space of time will be interpreted by the TFA in relation to the individual cases. Any multiple complaints that together can be considered to break any of the Terms and Conditions gives the TFA the right to terminate the Supplier’s subscription without any penalty to the TFA.

Right to Appeal

Any company reserves the right of appeal with any rejection/termination by putting their case forward to the TFA in writing to The Franchise Alliance, 1 Lockside Office Park, Lockside Road, Preston PR2 2YS. The TFA will consider all appeals carefully and without prejudice, but will be under no obligation to overturn its previous decision.

General

This Contract sets out the entire agreement between the Client and the Company. Any additional conditions or amendments shall be of no effect unless agreed in writing by both parties. This Contract shall not be assigned or sub-contracted in whole or in part by the Client without the prior written consent of the Company. This Contract shall have the benefit of and be binding upon the respective parties' successors and permitted assigns and/or legal personal representatives and estates as appropriate. No third party shall have a right to enforce any provisions of this. If any of the provisions of this Contract are found by the court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from this Contract and the remaining provisions of this Contract shall continue in full force and effect, notwithstanding the foregoing the parties shall thereupon negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provisions they found to be void or unenforceable.  The rights of any party shall not be prejudiced or restricted by any indulgence or forbearance extended to the other parties and no waiver by any party in respect of any breach shall operate as a waiver in respect of any subsequent breach.   This Contract shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.