Introduction

A Greener Festival Ltd. t/a A Greener Future (AGF) helps organisations, events, festivals and venues around the world to be more sustainable and reduce environmental impacts. Pioneers in event sustainability since 2005, and founders of the world's first green event and festival certification, AGF provides training, expertise, support, carbon footprint and Net Zero strategy advice, and facilitates exchange through events and networking.

The AGF Certification scheme provides independent audit and verification of events’ and venues’ sustainability actions, and helps improve resource efficiency, environmental impact and their overall environmental sustainability.

Criteria

AGF will consider in its assessment a broad range of sustainability elements including Governance & Systems, Local Environments, Local Community, Travel & Transport, Energy & Power, Procurement, Food & Beverage, Waste & Recycling, Water & Sanitation,, External Reach, and Carbon Footprint. 

An indicative future certification rating or outcome provided following a Sustainability Diagnosis in no way guarantees the same rating in subsequent certification assessments. As indicative certification ratings are unverified by independent auditors, any indicative rating provided by AGF is not a certification, and must not be made public by the applicant. 

Sustainability Diagnosis service can by agreement include advisory support on request when completing your self assessment, plus support in advising or developing sustainability policies and documentation [Consultancy]. 

PROCESS

1 Application

1.1 To progress to formal application, applicants should email hello@agreenerfuture.com, confirming they have read and accepted the Terms & Conditions (this document) and that they wish to progress with the Sustainability Diagnosis (an “Application”). The applicant should also provide full invoicing instructions. 

1.2 If AGF accepts the Application, AGF shall notify the successful applicant (“Applicant”) of the same in writing and a contract will come into effect between AGF and Applicant (the “Agreement”) on the date of such notification (“Acceptance Date”). The Agreement shall comprise and be subject to these Terms and Conditions which shall take precedence over any terms and conditions that may accompany Applicant’s Application.

1.3 AGF reserves the right to refuse or cancel any Application at its sole discretion for any reason whatsoever including where the Applicant’s core business is deemed inherently counter to supporting environmental sustainability, social justice, equality, diversity and inclusion and/or contravenes any provision of our Code of Conduct).

2 Content of the Application

2.1 The Applicant warrants and represents that all data and information submitted in its Application is complete, truthful and accurate to the best of its knowledge. The Applicant acknowledges that any recommendations and indicative scoring depends upon the accuracy of the information provided. 

2.2 AGF reserves the right (at its sole discretion) to revoke, withdraw or refuse the diagnosis should it transpire that the Application contains or contained information or material that: (i)  is misleading, false or inaccurate (including where it omits material information regarding the Application); (ii) conflicts with AGF’s corporate values (accessible [here]); (iii) infringes the intellectual property rights of any third party; (iv) if disclosed would place Applicant in breach of confidentiality obligations owed by it to any third party; (iv) is or may be defamatory, or (v) has been deliberately or mistakenly provided (any such entry being a “Non-compliant Entry”). An Applicant must not submit any Application that it knows or suspects is a Non-compliant Entry. 

2.3 Where an Applicant’s Entry is refused, disqualified, revoked or withdrawn pursuant to clause 2.2, any Fees paid by Applicant up to that point will be non-refundable. 

2.4 AGF shall not be liable for any losses, actions, costs, claims or other liabilities incurred or suffered by an Applicant (including any loss of goodwill) in connection with: (i) the refusal, disqualification, revocation or withdrawal of a Non-compliant Entry; or (ii) any publicity related to such disqualification or revocation, including any announcement or communication that AGF may choose to make in connection with its decision. 

3.  Fees & Expenses

3.1 AGF shall invoice Applicants a non-refundable assessment fee (“Fee”). Applicants shall pay the Fee within 14 days of the date of the invoice, or within 21 days of the site visit, whichever is sooner.

3.2 The Fee payable under this Agreement is subject to any applicable tax, levy or similar governmental charge, including VAT or sales tax which AGF shall add at the applicable rate. 

3.3 The Fee shall be paid in full without any set-off, counterclaim, deduction or withholding. 

3.4 AGF shall not be required to provide the self-assessment form referred to below or commence the process until such time as the Fee is paid in full by the Applicant. 

3.5 Sustainability Diagnosis is typically undertaken remotely.  Where consultant visits have been agreed, any travel and accommodation costs must be covered and reimbursed by the Applicant. AGF will use reasonable efforts to ensure these costs are kept to a minimum and that they are, where reasonably practicable, agreed with the Applicant prior to the site visits.

AGF requests that, where applicable, meals are provided for assessors if they are at the venue for more than 6 hours. Generally, two AGF assessors will visit a festival/event/venue, and AGF will seek to source local consultants wherever possible to reduce costs and emissions.

4.  Data Submission

4.1 Following receipt of the Fee, the Applicant will receive a self-assessment form covering a breadth of sustainability elements and a link to a folder to upload their supporting evidence. The form and underlying assessment methodology is proprietary to AGF and is confidential for the purposes of clause 6 below. It must not be disclosed, copied or duplicated by the Applicant and may only be used by the Applicant for the purposes of the Application. 

4.2 For events and venues the Applicant must  (i) complete the self assessment  (ii) provide sufficient supporting evidence to support the diagnosis, no later than 12 weeks after the provision of the self assessment form (the “Submission deadline”). When the self assessment has been completed and supporting evidence uploaded, the Applicant must confirm that its Application is formally submitted by emailing confirmation to hello@agreenerfuture.com. 

The Applicant shall have an additional 4 weeks following the Submission deadline (the “Application Deadline”) to provide any outstanding supporting information and to allow time to answer any outstanding queries from the AGF assessors. In exceptional circumstances, the Application Deadline may be extended at the discretion of AGF, up to a maximum of 12 weeks following the Submission deadline [submission in accordance with clause 4.2.].   

4.3 If the Application is not finalised by the Application Deadline it will lapse and the Applicant will need to re-apply and pay the Application Fee again in full. For the avoidance of doubt the Fee will not be refunded in the event that an application lapses.

5.  Confidentiality

5.1 Each party shall keep the confidential information of the other party (including in the case of the Applicant, all information and data gathered by AGF in relation to the Applicant’s business) confidential. The receiving party shall only use the confidential information of the supplying party for the purpose of performing the receiving party’s obligations under this Agreement and shall not disclose such confidential information to any third party unless required as a matter of law or agreed in writing. 

5.2 Where disclosure is required as a matter of law, the disclosing party must notify the supplying party of such fact reasonably in advance of such disclosure.

6. Liability

6.1 AGF’s liability to Applicant shall be limited to the extent permitted by law. 

6.2 Subject to clause 6.1, AGF shall not be liable to Applicant for any loss of revenue, loss of profit or any indirect or consequential loss arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise. 

6.3 Subject to clause 6.1 the total liability of AGF in respect of all losses arising under or in connection with this Agreement (whether in tort, contract, negligence, breach of statutory duty or otherwise) shall not exceed an amount equal to the Fee. 

6.4 AGF’s limitation of liability shall survive termination of this Agreement. 

7. Intellectual Property

7.1 Materials provided by AGF to the Applicant including, without limitation, the self assessment form and any assessment methodologies, are proprietary to AGF and may not be used, disclosed or copied by Applicant otherwise than in accordance with this Agreement and must be returned to AGF on expiry or termination of this Agreement without any copies being retained by Applicant.

8. Term and Termination

8.1 This Agreement shall continue in force from the Acceptance Date until the Application Date, unless the Agreement is earlier terminated in accordance with its terms. 

8.2 If the Applicant cancels 8-4 weeks prior to the event or agreed diagnosis start date a non-refundable 50% deposit is payable on all assessment fees, plus full payment of any incurred assessor expenses.  Where cancellations are made less than 4 weeks prior to the event, the applicant will be liable for 100% of the application fee.. 

8.3 Without prejudice to any other remedies which AGF may have as a matter of law, AGF may terminate this Agreement immediately on written notice if Applicant; (a) commits a material breach of this Agreement which is not capable of remedy; (b) commits any other breach of this Agreement which is not remedied within 10 days of written notice requiring Applicant to do so; or (c) if an order is made or a resolution is passed for Applicant’s winding up or if an administrator, administrative receiver or receiver is appointed in respect of Applicant’s assets or business or any part thereof or if Applicant makes any voluntary arrangement with Applicant’s creditors or if Applicant takes or suffer any similar or analogous action in consequence of debt.

8.4 Termination of this Agreement shall not affect AGF’s accrued rights arising in any way out of this Agreement. 

9. Disclaimer

9.1 AGF Feedback Reports and Recommendations are produced based upon information and data provided by the Applicant to AGF and the independent assessor(s). Whilst every effort is made to present a current and accurate report based upon that information, AGF makes no guarantees of any kind as to the nature or accuracy of the Report or the data. The report provided by AGF to the Applicant may offer general recommendations based on the data provided, AGF’s analysis of that data, and current good practice. However, specific professional advice tailored to the Applicant should always be taken on matters referred to in the report. AGF makes no representations or warranties, express or implied and excludes all liability for the content of any such report or any recommendations made.

10. Notices

10.1 Notices made by Applicant in connection with this Agreement must be made to the AGF Certification coordinator at hello@agreenerfuture.com.  

11. General

11.1 This Agreement constitutes the entire agreement and understanding between AGF and Applicant and supersedes all prior oral or written understandings, arrangements, representations or agreements between AGF and Applicant relating to the subject matter of this Agreement.

11.2 AGF shall be entitled to assign its rights and obligations set out in the Agreement. AGF may also subcontract or delegate any of its obligations under the Agreement. Applicant shall not transfer its rights and/or obligations to third parties, whether in whole or in part, without AGF’s prior written consent.

11.3 The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right, power, privilege or remedy pursuant to the Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.

11.4 Where either party has incurred any liability to the other, whether under the Agreement or otherwise, the party incurring such liability shall not be entitled to set off the amount of such liability against any sum or sums that would otherwise be due to it under the Agreement.

11.5 If any provision of the Agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of the Agreement will remain in full force and effect and will not in any way be impaired. If any provision of the Agreement is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

11.6 Nothing in the Agreement is intended to or shall be construed as establishing or implying any partnership, joint venture or agency of any kind between the parties, and neither party shall have authority to act in the name of or to otherwise bind the other party in any way. 

11.7 Any variation to the Agreement will only be valid if it is in writing and signed by or on behalf of each party. 

11.8 The parties do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or otherwise) by any person who is not a party to the Agreement.

11.9 The Agreement and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales.

11.10 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Agreement