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

To attain AGF Certification, arenas must demonstrate to the satisfaction of AGF a strong commitment to sustainable practices. AGF will consider in its assessment a broad range of sustainability elements including Local Environments, Local Community, Travel & Transport, Energy & Power, Procurement, Food & Beverage, Waste & Recycling, Water Usage, Waste Water & Sewage, Governance & Systems, External Reach, Health & Wellbeing, Equality, Diversity & Inclusion, and Carbon Footprint. 

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 A Greener Arena application (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 the AGF A Greener Arena certification depends upon the accuracy of the information provided. 

2.2 AGF reserves the right (at its sole discretion) to revoke, withdraw or refuse to make a certification 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 certification; 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 30 days of the date of the invoice.  

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 certification process until such time as the Fee is paid in full by the Applicant. 

3.5 Where applicable, any travel and accommodation costs for assessors 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 an arena, and AGF will seek to source local assessors wherever possible to reduce costs and emissions.

4.  Data Submission & Site Visits

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 On receipt of the self assessment form the Applicant then has 12 weeks to (i) complete the assessment  (ii) provide sufficient supporting evidence to support the assessment, and (iii) arrange for the completion of appropriate  site visits by AGF assessors (the “Submission deadline”). Site visits must be completed within, or no later than 4 weeks after this 12 week period. 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 6 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.  Evaluation & Award

5.1 AGF will review the Application and all submitted documentation and site visit observations on their merits and will request further information and evidence from the Applicant where required. Where AGF determines (in its absolute discretion) that the assessment of the Application has been successful, the Applicant will receive confirmation by email which will include a certification rating, and A Greener Arena logo dated with the year of the certification which shall be licensed for use by the Applicant in accordance with clause 8 below. The date of e-mail confirmation will be deemed the award date.

5.2 AGF’s decision will be final and AGF will not enter into any discussion with any Applicant nor will AGF accept any representations or appeals with regard to such decision. 

5.3 Recipients of A Greener Arena certification will, at AGF’s discretion, be announced through AGF social media and PR channels and the AGF Website. 

5.4 Certification will be valid for a period of 12 months from the date of the award (being the date set out in clause 5.1) and shall expire at the end of that 12 month period (being the “Expiry Date”). 

5.5 The submission by an Applicant of an Application and/or payment of the Fee in no way guarantees receipt of the AGF Certification. Such certification is based entirely upon suitable evidence of positive sustainability actions for each of the assessment criteria.     

5.6 Where AGF does not award the AGF certification to an Applicant, AGF shall notify the applicant of such fact. AGF shall not announce such a decision publicly.

6.  Confidentiality

6.1 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. 

6.2 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. 

7. Liability

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

7.2 Subject to clause 7.1, 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. 

7.3 Subject to clause 7.1 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. 

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

8. Intellectual Property

8.1 AGF is the owner of the AGF Greener Arena logo and all other materials provided to Applicant in connection with this Agreement. Nothing in this Agreement transfers any ownership rights or rights of use in AGF’s intellectual property to the Applicant otherwise than as set out in this Agreement. 

8.2 Upon confirmation of successful certification in accordance with clause 5, AGF grants Applicant a non-exclusive, royalty-free, limited, non-sublicensable, non-transferable, revocable UK licence to use until the Expiry Date the AGF Greener Arena Certification logo (the “AGF Greener Arena Logo”) solely for the purpose of displaying the AGF Certification on the successful Applicant’s website and marketing materials. Applicant shall not use the AGF Logo following the Expiry Date or expiry or termination of this Agreement and/or outside the scope of the licence granted pursuant to this clause 8.2.   

8.3 Applicant undertakes to only use the AGF Greener Arena Logo as a sign of the AGF Certification in accordance with the licence granted in clause 8.2 and not to use it in a way which will or may imply any other relationship between Applicant and AGF. 

8.4 The AGF Logo is a registered trade mark in the UK. Applicant shall not do or omit to do any act or thing that will or may result in the trade mark registrations of the AGF Logo being revoked and Applicant acknowledges and agrees that all goodwill generated by Applicant’s use of the AGF Logo shall inure to the benefit of AGF. 

8.5 Applicant shall not: (a) try or assist others to register or use a trade mark which is identical with or similar to the AGF Logo; (b) make any statement about AGF or the AGS Accreditation that, in AGF’s opinion, may be misleading or which AGF considers may bring AGF or the AGF certification into disrepute.

8.6 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.

9. Term and Termination

9.1 This Agreement shall continue in force from the Acceptance Date until the Expiry Date or the date Applicant otherwise ceases to be certified with the AGF certification, unless the Agreement is earlier terminated in accordance with its terms. 

9.2 If the Applicant cancels their application within 14 days of the Acceptance Date, there is a £150 administration fee and the remaining fee will be cancelled. After these 14 days the Applicant will be liable for 100% of the certification Fee.

9.3 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.

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

9.5 On the Expiry Date or termination of this Agreement or withdrawal of the AGF Greener Arena certification, the Applicant must stop displaying or using the AGF Greener Arena Logo with immediate effect and all licences to use the AGF Greener Arena Logo and any other intellectual property belonging to AGF granted under this Agreement shall cease with immediate effect. 

10. Disclaimer

10.1 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.

11. Notices

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

12. General

12.1 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.

12.2 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.

12.3 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.

12.4 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.

12.5 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.

12.6 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. 

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

12.8 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.

12.9 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.

12.10 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.