Sponsor a Rose Terms and Conditions

1.1 The price for a sponsorship package is as stated at the Council’s Lotherton Hall outlet from time to time and may differ for members and non-members. The full price is payable as a one-off sum in advance. 

1.2 A sponsorship package includes the following:

a) A certificate of authenticity with the sponsor’s name, the commencement date of the sponsorship, the sponsored plot number and the scientific name for the rose bush species at the designated plot number;

b) An opportunity to write a message within a bound ledger which will be used as an archive for the garden restoration;

c) An invitation to an annual, exclusive sponsor-only event relating to the progress of the restoration of the rose garden; 

d) 1 free admission for the sponsor (non-members only) – to be used once on the day of the sponsor-only events specified at clause 1.2(c) above.

1.3 There will be numerous varieties of rose bushes with differing colours. Each plot will have a pre-determined variety   to be planted. Prior to the purchase of a sponsorship package, you may select a plot to sponsor with the predetermined variety from a number of plots available. While the Council cannot guarantee availability of all varieties at any one time, it will exercise reasonable endeavours to seek to accommodate any such request. 

1.4  The Council reserves the right at its sole discretion to reduce or alter such benefits attached to any sponsorship package at any time. 

1.5 Each sponsorship package lasts for a term of 5 years, commencing on the date the sponsorship package is purchased. 

1.6 All sponsorship packages purchased are non-exchangeable, non-refundable and are not for resale.

2.1 When you purchase a sponsorship package, you are sponsoring a rose bush at the specific plot number identified on your certificate of authenticity. Sponsorship does not imply ownership, nor does it create any liabilities in respect of the rose bush which has been sponsored. For the avoidance of doubt, the Council will at all times remain the legal owner of all rose bushes under the Scheme.

2.2 The Council will be solely responsible for the maintenance of the rose bushes. You are not permitted to maintain the rose bushes in any way, including but not limited to, watering, pruning or cutting. 

2.3 In the event of damage to your sponsored rose bush due to disease or third-party vandalism during the 5-year term, as set out at clause 1.5 above, the Council shall replace the rose bush at no extra cost to you. The Council is unable to guarantee a set timescale for such replacement but will endeavour to provide a replacement as soon as reasonably practicable having regard to factors which may affect planting such as the season and weather conditions.  

2.4 For the purposes of clause 2.3 above, a reference to damage due to disease shall include instances where a rose bush is removed by the Council, or any agent acting on the Council’s behalf, to prevent the spread of disease. The Council reserves the right to remove the rose bush due to disease, even where the rose bush may not yet be directly affected.

2.5 You must not make any alterations or cause any damage to the rose bushes or the surrounding plot forming part of the Scheme. This includes, but is not limited to the following:

(a) Attaching, affixing, erecting, displaying or otherwise introducing any ornaments.

(b) Attaching, affixing, erecting, displaying or otherwise introducing any plaques, signs or any other writing in any form.

(c) Burying of any objects.

(d) Spreading of human or animal ashes.

(e) Digging up the bushes or digging in or around the surrounding plot.

(f) Cutting, snapping, plucking or pulling of the rose bush.

2.6 In the event of a breach of clauses 2.2 and/or 2.5, you will be liable for the Council’s full costs of restoration of the rose bush or surrounding plot which includes, but is not limited to, removal costs and re-planting costs.

3.1 The Council will at all times comply with its obligations under the Data Protection Act 2018 (the “Act”) to the extent the Act applies in connection with this agreement. By providing your personal details, you consent to the processing of your personal data in accordance with Leeds City Council Privacy Policy and warrant that all data provided by you is accurate to the best of your knowledge.

4.1 Entire agreement. This agreement constitutes the entire agreement between the parties.

4.2 Severability.  If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable. Should the Council delay in enforcing the terms, the terms may still be enforced later.

4.3 Governing law. The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England.