THE BRITISH GAME ALLIANCE

TERMS AND CONDITIONS

BACKGROUND 

(A)  The British Game Alliance is the owner of the Mark (as defined below).

(B)  The British Game Alliance wishes to allow use of the Mark to promote the consumption of Game.

(C)  The Shoot Owner wishes to become an affiliate or member of the British Game Alliance and use the Mark in relation to Member Materials and all Game reared and shot by the Shoot Owner, and the British Game Alliance is willing to grant the Shoot Owner such affiliation and licence to use the Mark on the terms and subject to these terms and conditions.

(D) The British Game Alliance strives to create a network of assured Shoot Owners, that provides Dealers with the right quality of Game, minimising wastage and ensuring a saleable product. The Dealer wishes to become a member of the British Game Alliance and use the Mark in relation to Member Materials and all Game handled by the Dealer, and the British Game Alliance is willing to grant the Dealer such affiliation and licence to use the Mark on the terms and subject to these terms and conditions.

(E) For the avoidance of doubt, Shoot Owners and Dealers agreeing to adhere to these terms and conditions do not become members or guarantors of BGA.

These terms and conditions are divided into three parts:

• Part I - General Provisions, applicable to all Members,
• Part II – Member Shoots, applicable to Member Shoots only,
• Part III – Member Dealers, applicable to Member Dealers only.

AGREED TERMS

PART I – GENERAL PROVISIONS

1.  INTERPRETATION  

The following definitions and rules of interpretation apply in these terms and conditions.

1.1  Definitions:

“BGA”:  British Game Alliance is the trading name and trademark of The Game Alliance a company registered in England and Wales under company number 11173337 whose registered address is at 16 Northfields Prospect Business Centre, Putney Bridge Road, London SW18 1PE.

“Dealer”: the person entering into these terms and conditions as a game handling establishment or a meat establishment.

“Effective Date”: the date of these terms and conditions.

“Fee”: the annual affiliation fee payable under the terms of these terms and conditions.

“Game”: all of the traditional gamebirds, namely pheasants, partridges and grouse, but apply equally to other quarry types including ducks, geese, rabbits, hare and venison and in respect of which the Member is licensed to use the Mark under the terms of this licence.

“Materials”: the packaging, advertising and promotional materials to which the Mark is applied pursuant to these terms and conditions.

“Mark”: the registered trade mark, details of which are set out in Schedule 1.

“Member”  the Shoot Owner who enters into these terms and conditions (also referred to as the Member Shoot) or the Dealer who enters into these terms and conditions (also referred to as the Member Dealer).

“Renewal Request”  is defined in clause 13.1.1.

“Season”:  (i) for any Game subject to the Wildlife and Countryside Act 1981 the time of the year other than the ‘close season’ as defined under the Wildlife and Countryside Act 1981; or

(ii) for any other Game subject to any other specific laws or regulations from time to time the period of the period of time during which such Game can be lawfully shot, hunted or stalked; or

(iii) for any Game not subject to (i) or (ii) the period starting on 12th August and ending on 1st February of the following year.

“Shoot Owner”:  the person entering into these terms and conditions as the legal owner and/or organiser responsible for a shoot or stalking syndicate and includes all their agents and employees.

“Term”:  the Initial Term together with any Additional Term (both such terms as defined in clause 6.1) or, in each case, if earlier, the date on which termination of these terms and conditions takes effect in accordance with the provisions of this licence and agreement.

1.2  A person includes any natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3  A reference to a statute or statutory provision is a reference to it as amended, extended, re-enacted or superseded from time to time.

1.4  A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.5  A reference to writing or written does not include email or other electronic messages.

1.6  Any words following the terms; including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.  LICENCE  

2.1  The BGA grants to the Member a non-exclusive, irrevocable, royalty-free, worldwide right and licence to use the Mark on and in relation to its Game, and to promote its affiliation with the BGA during the Term, subject to the terms of this licence and agreement.

2.2  No rights or licences are conferred on the Member pursuant to this licence except those expressly set out in this licence and agreement.

3.  MAINTENANCE  

3.1  The BGA shall pay all renewal fees and take all steps necessary to maintain the trade mark registration for the Marks.

4.  INDEMNITY

4.1  The Member shall indemnify the BGA against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the BGA arising out of or in connection with:

• the Member’s exercise of its rights granted under these terms and conditions;

• the Member’s breach or negligent performance or non-performance of these terms and conditions, including any claim relating to the Shoot or the Game offered, sold, supplied, put into use, handled or sold by the Member (as the case may be);

• the enforcement of these terms and conditions; or

• any claim made against the BGA by a third party for death, personal injury or damage to property arising out of or in connection with defective Game or any issue that arises as a result of the Member’s use of the Mark (on Materials or Game, or generally), to the extent that claim arises and is attributable to the acts or omissions of the Member, its employees or agents.

4.2  If a payment due from the Member under this clause is subject to tax (whether by way of direct assessment or withholding at its source), the BGA shall be entitled to receive from the Member such amounts as shall ensure that the net receipt, after tax, by the BGA in respect of the payment is the same as it would have been were the payment not subject to tax.

5.  PROTECTION OF THE MARK

5.1  The Member shall promptly inform the BGA of any suspected unauthorised use of the Mark (or any confusingly similar mark) of which it becomes aware, and shall provide the BGA with such documents, information and assistance as it can in relation to any such use.

5.2  The BGA gives no warranty and makes no representation in or pursuant to this licence that the use of the Mark by a Member in any way does not or will not infringe the rights of any third parties.

6.  DURATION AND TERMINATION  

6.1  These terms and conditions and licence shall commence on the Effective Date and continue for an initial period of 12 months (the “Initial Term”), unless it is terminated earlier by either party in accordance with the terms of this licence and agreement.  The agreement and licence can be extended for one or several additional terms of twelve months each (each an “Additional Term”) by agreement of the parties and in accordance with the procedure set out below.  

6.2  During the Term, the BGA may terminate these terms and conditions and licence with immediate effect by giving written notice to the Member if:

• the Member commits any breach of these terms and conditions which is material and not capable of remedy, or which is capable of remedy but which is not remedied within fourteen (14) days of notice from the BGA to do so;

• the Member suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

• the Member commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than for the sole purpose of a scheme for a solvent amalgamation of the Member with one or more other companies or the solvent reconstruction of the Member;

• any steps are taken against the Member with regard to any insolvency proceedings;

• the Member suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or

• there is a change of control of the Member (within the meaning of section 1124 of the Corporation Tax Act 2010).

6.3  The Member undertakes to the BGA that, save as expressly permitted by these terms and conditions, it will not make any use anywhere in the world of the Mark or any name or mark intended or likely to be confused or associated with it. In particular, upon termination of this licence for any reason the Member shall cease immediately to make any use of the Mark on any Game, Materials or for any other purpose. Save as is set out in clause 6.5.

6.4 During the Term, the Member may terminate these terms and conditions and licence at any time by giving notice in writing to the BGA.  In this case, the Member (in case of a Member Shoot) shall not be entitled to any refund of the Fee (whether on a pro rata basis or otherwise).

6.5  Upon termination of these terms and conditions by either party:

6.5.1 The Member must immediately stop using the Mark at its premises in regards to live Game.

6.5.2 Within 30 days after the date of termination the Member shall promptly destroy, or if the BGA shall so elect, deliver to the BGA, at the Member’s expense all Materials wearing the Mark.

6.6  Any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

7.  LIMITATION OF LIABILITY

7.1  The BGA does not limit any liability which cannot legally be limited, including but not limited to:

(a)  death or personal injury caused by negligence; and

(b)  fraud or fraudulent misrepresentation;

7.2  Subject to clause 7.1, the BGA’s total liability to:

1. a Member Shoot shall not exceed (i) the Fee or (ii) where the BGA has refunded all or part of the Fee to a Member pursuant to clauses 13.6 and 9.3, the Fee as reduced by such refund.
2. a Member Dealer shall not exceed £2,000.

The BGA’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions.

7.3  This clause 7.3 sets out specific heads of excluded loss:

1. Loss of profits
2. Loss of sales or business.
3. Loss of agreements or contracts.
4. Loss of anticipated savings.
5. Loss of or damage to goodwill.
6. Indirect or consequential loss.
7. Wasted expenditure
8. Losses incurred by the Member arising out of or in connection with any third-party claim against the Member which has been caused by the act or omission of the BGA. For these purposes, third party claims shall include but not be limited to demands, fines, penalties, actions, investigations or proceedings, including but not limited to those made by industry stakeholders, regulators, guns, subcontractors or suppliers of the Member, the Member’s personnel and customers of the Member.

8.  ASSIGNMENT AND OTHER DEALINGS  

8.1  The Member shall not assign, transfer, mortgage, charge, sub-license, sub-contract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms and conditions without the prior written consent of the BGA.

9.  COMMENCEMENT AND CHANGES TO THESE TERMS AND CONDITIONS

9.1  These terms and conditions may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

9.2  Notwithstanding clause 9.1, where the BGA has approved a Shoot Owner’s application for affiliation and sent these terms and conditions and licence for consent to the Shoot Owner, payment of the Fee by the Shoot Owner shall be deemed acceptance by the Shoot Owner of the terms of these terms and conditions and licence. Equally payment of any Fee for an Additional Fee following receipt of a Renewal Request, shall be deemed acceptance by the Shoot Owner of the then current terms of these terms and conditions and licence by the Shoot Owner.

9.3  The BGA reserves the right to make changes to these terms and conditions and licence and will notify the Member in writing of any such changes and what steps, if any, the Member is required to take as a result of such change.  If the Member does not agree with the changes (other than as part of the extension of the Term in accordance with clause 13.1.1) then the Member may terminate these terms and conditions with effect from the date on which such changes are intended to come into effect. In this case, BGA shall refund the Fee to a Member Shoot on a pro rata basis and the BGA’s liability to the Member Shoot will be capped at a pro-rata refund of the Fee.

10.  DATA PROTECTION

10.1  These terms and conditions should be read in conjunction with the BGA’s privacy policy and notices insert a link to the policy (the “Privacy Notice”) which will have full effect as if the policy was written out in full within these terms and conditions.

10.2. The Privacy Notice tells the Member how BGA uses personal data.  The Privacy Notice may change, and the Member can always find the most up-to-date version of the Privacy Notice at [here]. The Member shall read, and ensure that their employees and agents read the Privacy Notice. The Member shall ensure that its employees and other agents are aware of BGA’s Privacy Notice at [here] and shall ensure that the Privacy Notice is read and understood by such employees and agents before their personal data is provided to BGA.

11.  GOVERNING LAW AND JURISDICTION  

11.1  These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

11.2  Subject to clause 12.8.9 (as far as Member Shoots are concerned), each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.

PART II – MEMBER SHOOTS

12.  QUALITY CONTROL AND MARKING  

12.1  The Member Shoot’s licence to use the Mark and maintain its affiliation with the BGA is subject to the Member Shoot’s ongoing compliance with Part I and the remainder of this Part II.

12.1. The Member Shoot shall comply with all of its legal and moral responsibilities as a Shoot Owner.

12.2 The Member Shoot shall, in exercising its right under these terms and conditions, comply with, and shall ensure that all Game purchased, reared, shot and sold by the Member Shoot complies with, all applicable laws, regulations, industry standards, codes of practice, guidelines and regulations applicable from time to time and the Member Shoot shall abide by in particular (without limitation):

• The Code of Good Shooting Practice;
• The Guide to Good Game Handling issued by the Game and Wildlife Conservation Trust;
• In the UK, The Blanket Bog Land Management Guidance and The Heather & Grass Burning Code;
• In Scotland, The Muirburn Code;
• All associated regulations;
• The Shoot Standards Explanatory Note issued by the BGA from time to time and available at [here]. For the avoidance of doubt, where these terms and conditions or the Shoot Standards Explanatory Note sets standards or requirements which go beyond legal requirements or any industry standards, the Shoot Owner shall be bound by the BGA’s stricter requirements

in each case, as these codes, guides, codes and regulations may be varied, amended or superseded from time to time.

12.3 The BGA may request, and the Member Shoots shall promptly provide, samples of all packaging, advertising and promotional materials to which the Mark is applied pursuant to these terms and conditions.

12.4 The Member Shoot shall, at the request of BGA, promptly supply to the BGA a reasonable number of random samples of Game and Materials, and permit representatives of the BGA to attend any premises (with or without notice) where the Game and Materials are present for the purpose of verifying that the terms of these terms and conditions are being respected.

12.5 The Member Shoot shall not do or fail to do any act or thing whereby the validity, enforceability or the BGA’s ownership of the trade mark registrations for the Mark, or the reputation or goodwill associated with the Mark anywhere in the world, is likely to be prejudiced.

12.7 The Member Shoot shall procure that wherever the Mark is used, it will strictly comply with the relevant font, colour and measurements of the Mark as set out in Schedule 1 and with any specific accreditations agreed as between the Member Shoot and the BGA.

12.8 The Member Shoot warrants and accepts that it is solely responsible for maintaining the following standards at all time:

12.8.1 the Member Shoots shall ensure that all proper records will be maintained. For instance, each Season the Shoot must keep the following records (and produce them for inspection by the BGA at the request of the BGA):

• Any medication administered to Game;
• Number and type of Game released;
• Number and type of Game shot;
• Pen acreage;
• Original source of Game;
• Destination of shot Game;
• Gun contributions.

12.8.2   Land and Environment are appropriately managed.  The Member Shoot must ensure that:

• All land is appropriately managed to continually benefit all wildlife and the environment.
• Stocking densities must not compromise animal welfare or have a negative impact on the surrounding biodiversity.  Where possible, all efforts should be made to meet the Game & Wildlife Conservation Trust’s advised stocking densities.
• Shoots must adhere to all national and local laws, by-laws and regulations on trapping and snaring in the country where the shoot is to take place and adhere to all relevant industry Codes of Practice.

12.8.3  Medication is correctly administered to Game.  The Member Shoot must ensure that:

• Antibiotics must not be used prophylactically.
• Unprescribed medication must not be used.
• Stated withdrawal periods must be adhered to for all medication before Game meat enters the food chain.

12.8.4  There is an agreed market.  All Game must have an agreed market before release and before shoot days are planned, taking into account the type and number of Game intended to be shot and the subsequent table weight of the fully-grown Game released.

12.8.5  Release of Game.  The Member Shoot must ensure that:

• Release pens must be checked daily to ensure adequate water, food and habitat is available.
• Game released on each Shoot must have been reared to the statutory game farming standards applicable in the UK (or equivalent if sourced from abroad).
• Ducks must be released into open water in numbers appropriate to the carrying capacity of the wetland habitat and encouraged to become wild.
• Game must not be shot within four weeks of being released and must be mature and fully adapted to the wild.
• Game must not be replenished to replace shot stock.  
• Adequate food and water must be provided throughout the season and thereafter until appropriate levels of natural foods are available.

12.8.6  The Shoot.  During the Shoot the Member Shoot is solely responsible for ensuring:

• All guns use non-lead ammunition where legally required.

• Adequate picking up is available to ensure all Game is quickly accounted for and wounded Game disposed of accordingly (and humanely).

• It clearly offers all paying guns the opportunity of making a voluntary contribution to the BGA of 0.50 pence per shot Game.  The BGA reserves the right to request full records of the Member Shoot’s efforts in this regard. Payment of such contributions to the BGA must be made in accordance with clause 13.

• It offers every gun the opportunity of becoming a Member Shoot of the BGA.

12.8.7  Post Shoot.  The Member Shoot must:

• Offer and where possible facilitate guns to take home Game or Game products.

• Regard all shot Game as food and ensure that it is treated in accordance with the Guide to Good Game Handling (as amended or supersede from time to time and all associated regulations).

• Ensure Game is placed into an ambient temperature of 4C or below within 2 hours of being shot unless colder outside conditions allow otherwise.

• Ensure that any Game that is unfit for consumption along with processed Game carcasses are disposed of appropriately.

12.8.8  General provisions. The Member Shoot understands and accepts that:

• Individuals with unspent convictions for wildlife crimes must not be employed in any capacity directly relating to the management of the Shoot.

• Any Member Shoot or other person closely associated with a Shoot who is the subject of a police-led crime investigation will have their license to use the Mark and affiliation to the BGA suspended until the investigation has concluded.  Where the Member Shoot, any Shoot or any of their agents or employees or any other person closely associated with the Member Shoot or Shoot are successfully prosecuted, the Member Shoot and the Shoot will be suspended from the BGA, its affiliation revoked and it will no longer be able to use the Mark on any Materials, or in any other manner.  The BGA reserves the right to refuse any further application from the Member Shoot, that Shoot or other Shoot Owners associated with that Shoot, and any of their employees and agents.

• If this license from and affiliation with the BGA is revoked and/or any of its terms breached, the Member Shoot agrees the BGA may (at its entire discretion) (i) take steps to inform industry stakeholders of the breach, (ii) provide reports obtained during the complaints procedures to industry stakeholders and (iii) take such other steps as to inform industry stakeholders of any unwanted or inappropriate behaviour of the Member Shoot in addition to any other rights which the BGA may have under these terms and conditions. The Member Shoots agrees that any such communications and sharing of information and data for the purposes outlined above will not amount to any breach of trust, confidence, confidentiality or data protection legislation.  For this purpose, industry stakeholders include (but are not limited to) non-governmental and industry bodies, other Shoot Owners and other Member Shoots. The Member Shoot also agrees that the BGA may openly publish any complaint (see clause 12.8.9) or any activity or criminal matter that would have a material affect on the Member Shoot’s status with the BGA or would have, in the BGA’s view, a prejudicial effect on the BGA.

12.8.9  Complaints.  The Member Shoot will fully adhere to the complaints procedure set out in  Schedule 2 (as may be updated, amended or supersede from time to time and published on the BGA’s website) and will allow for a full external audit during the complaint investigation.  Any negative findings as a result of a complaint will be made available to third parties as set out in clause 12.8.8(b) and (c).

12.9 AUDIT OBLIGATIONS

12.9.1. By agreeing to the British Game Alliance Terms and Conditions, you will be subject to an audit by LLoyds Register (Acoura).

13.  PAYMENT  

13.1  On the Effective Date the Member Shoot shall pay to the BGA the Fee for the Initial Term.

13.1.1 The BGA shall contact each Member Shoot no later than sixty (60) days prior to the expiry of (i) the Initial Term (in the case of the first Additional Term) or (ii) each immediately preceding Additional Term with a renewal request (the “Renewal Request”) which will:

1. inform the Member Shoot of the Fee for each Additional Term,

1. inform the Member Shoot of any amendments to the BGA’s licence and affiliation agreement and

1. enquire whether the Member Shoot wishes to extend this licence and agreement for an Additional Term.  

In order for the Member Shoot to extend the Term by an Additional Term, the Member Shoot shall ensure that the Fee for each Additional Term is received in the bank account which BGA may designate to the Member Shoot from time to time prior to the start of the relevant Additional Term or as otherwise indicated by the BGA to the Member Shoot.  

Payment of the Fee for any Additional Term by the Member Shoot shall amount to consent by the Member Shoot to any amendments to this licence and agreement which the BGA may have set out in the Renewal Request.

13.1.2  In regards to all contributions received by guns as referred to in clause 12.8.6(c):

1. The Member Shoot must keep and retain proper records (which may be inspected by the BGA at the request of the BGA);
2. Hold the contributions securely;
3. Either inform the BGA of details of the shoot and the contributions received in writing and then pay the contributions to the BGA via its website payment portal here or make payment on request as below; OR
4. The BGA will write to the Member Shoot every 3 months requesting a record of all contributions made and will thereafter send to the Member Shoot a formal request to the Member Shoot for payment of those contributions;
5. The Member Shoot will, within 14 days of receipt of the written request for payment of contributions from the BGA, make payment in full to the BGA either by way of cheque or via its website payment portal here.

13.2  All payments made by the Member Shoot under clause 13.1 are exclusive of VAT. If the payment constitutes the whole or any part of the consideration for a taxable or deemed taxable supply by the BGA, the Member Shoot shall increase the payment by an amount equal to the VAT which is chargeable in respect of the taxable or deemed taxable supply in question, provided that the BGA shall have delivered a valid VAT invoice in respect of such VAT to the Member Shoot. If any VAT invoice is delivered to the Member Shoot after the payment has been made, the Member Shoot shall pay the VAT due within five (5) Business Days of the BGA delivering a valid VAT invoice, a Business Day being a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

13.3  The sums payable under clause 13.1 and clause 13.2 shall be paid free and clear of all deductions unless the deduction is required by law. If any deduction is required by law the Member Shoot shall pay to the BGA such sum as will, after the deduction has been made, leave the BGA with the same amount as it would have been entitled to receive in the absence of any such requirement to make a deduction.

13.4  In the event of any delay in paying any sum due under clause 13.1 by the due date, the Member Shoot shall pay to the BGA:

1. 1. 1. interest on the overdue amount at the rate of 4% per annum above Lloyds Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Member Shoot shall pay the interest together with the overdue amount; and

1. 1. 1. an amount equal to any losses or penalties incurred by the BGA as a direct result of the delay.

13.5  The provisions of this clause 13. shall remain in effect notwithstanding termination or expiry of these terms and conditions until the settlement of all subsisting claims by the BGA.

13.6  The Fee is not refundable if the Member Shoot withdraws from these terms and conditions at any time during the Term (save as set out in clause 9) or if the BGA terminates these terms and conditions early for any reason.

13.7  The BGA will utilise all monies received from Member Shoots in such way and in such manner as the BGA deems fit.

PART III – MEMBER DEALERS

14.  QUALITY CONTROL

14.1  The Member Dealer’s licence to use the Mark and maintain its affiliation with the BGA is subject to the Member Dealer’s ongoing compliance ongoing compliance with Part I and the remainder of this Part III. Where a Member Dealer is in breach of any of these conditions, the BGA may terminate all of the Member Dealer’s rights under these terms and conditions and licence with immediate effect.

14.2 The Member Dealer must be and remain, as the case may be:

1. authorised as an approved game handling establishment (“AGHE”) by the competent authority (e.g. the Food Standards Agency under Regulation (EC) No 853/2004 laying down specific hygiene rules on the hygiene of foodstuffs or any successor authority or legislation from time to time); OR

1. approved by the relevant local authorities as a meat establishment or animal produce establishments.

14.3 The Member Dealer must provide the BGA with their AGHE or local authority approval number as described above.

14.4 The Member Dealer must prove to the BGA’s satisfaction that at least 75% of the Game they handle or sell are sourced from Member Shoots by 1st September 2019 (and thereafter on an ongoing basis) in order to ensure that retailers and consumers can trust the provenance of their products.

14.5 The BGA may decide in its absolute discretion to available such grants or enter into such contracts with a Member Dealer on such terms as its sees fit from time to time, provided that a Member Dealer can prove to the BGA’s satisfaction that a minimum percentage (to be set by the BGA in its discretion) of the Game they handle or sell are sourced from Member Shoots.

14.4 The Member Dealer shall not do or fail to do any act or thing whereby the validity, enforceability or the BGA’s ownership of the trade mark registrations for the Mark, or the reputation or goodwill associated with the Mark anywhere in the world, is likely to be prejudiced.

14.5 The Member Dealer shall procure that wherever the Mark is used, it will strictly comply with the relevant font, colour and measurements of the Mark as set out in Schedule 1 and with any specific accreditations agreed as between the Member Dealer and the BGA.

15. RECORDS AND AUDIT

15.1 The Member Dealer shall ensure that all proper records will be maintained. For instance, the Member Dealer must keep the following records (and produce them for inspection by the BGA at the request of the BGA):

1. a) a list of all the Shoots providing Game to the Member Dealer from time to time;
2. b) proof of the Member Dealers’ ongoing compliance with clause 14.2;
3. c) evidence of any reports, investigations or complaints issued or investigated by the Food Standards Agency against the Member Dealer.

15.2 The BGA may request, and the Member Dealer shall promptly provide, samples of all packaging, advertising and promotional materials to which the Mark is applied pursuant to these terms and conditions.

15.3 The Member Dealer shall, at the request of the BGA, promptly supply to the BGA a reasonable number of random samples of Game and Materials, and permit representatives of the BGA to attend any premises (with or without notice) where the Game and Materials are present for the purpose of verifying that the terms of these terms and conditions are being respected.

SCHEDULE 1

MARK

Registered on 01/02/2018 with registration number 37593TME