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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I am a recently appointed chair of a small local charity that

Customer Question

I am a recently appointed chair of a small local charity that performs amateur operatics.
We need to hire a local theatre for a week but the contract appears to contain some unfair contract terms which I have objected to. The theatre board have refused to amend their 'standard conditions.' Can I go ahead and sign the contract, which is now urgent and will I have any protection against these standard conditions having raised my concerns.
Thank you
Trevor.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : What are the unfair terms?
JACUSTOMER-i8hkj6tl- :

Morning Alex and thank you.

JACUSTOMER-i8hkj6tl- :

It might be quicker to email you a copy than type it up.Can email it to you.?

JACUSTOMER-i8hkj6tl- :

It seems a bit one sided. Don't like item 14 and 15 but not sure about the jargon

Alex Hughes : You could email but it may take up to 24 hours for it to be processed and forwarded to me. Alternatively you could scan and attach the document as a PDF using the 'chainlink' symbol in the toolbar above the reply box.
JACUSTOMER-i8hkj6tl- :

I have the document as word doc and have tried to send it to you as an attachment. It doesn't appear to be working or maybe I am useless at this, sorry.

JACUSTOMER-i8hkj6tl- :

I give up. Cannot get this site to work for me. Probably me as I am not very good with computers and attachments etc. will have to find another solution.

Alex Hughes : Not to worry; these things do take a little time to work through.
Alex Hughes : In relation to the contract, your verbal notice that you do not agree the unfair terms is unlikely to give you much protection in the future because by signing the contract you are agreeing the terms and conditions. The usual position is that if you do not agree the T&C's you should not enter the agreement especially if you know the contract is not suitable for your needs. However, if a problem does arise you could argue the unfair terms and seek to exercise your rights under, for example, the Unfair Contract Terms Act. In your situation you have three options in reality: 1. Not sign the contract 2. Sign the contract thus accepting T&Cs 3. Negotiate a new contract with acceptable T&CS 4. Litigate the unfair terms under UCTA if a problem arises later. But the bot***** *****ne is that verbal notice that you do not accept certain terms is unlikely to be effective against future problems.
Expert:  Alice H replied 2 years ago.
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Expert:  Alice H replied 2 years ago.
In relation to the contract, your verbal notice that you do not agree the unfair terms is unlikely to give you much protection in the future because by signing the contract you are agreeing the terms and conditions. The usual position is that if you do not agree the T&C's you should not enter the agreement especially if you know the contract is not suitable for your needs. However, if a problem does arise you could argue the unfair terms and seek to exercise your rights under, for example, the Unfair Contract Terms Act. In your situation you have three options in reality: 1. Not sign the contract 2. Sign the contract thus accepting T&Cs 3. Negotiate a new contract with acceptable T&CS 4. Litigate the unfair terms under UCTA if a problem arises later. But the bot***** *****ne is that verbal notice that you do not accept certain terms is unlikely to be effective against future problems.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. I will be better prepared in future.

Cheers

Trevor

Expert:  Alice H replied 2 years ago.
My pleasure. Have a good evening.

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