The Brilliant Breakfast

Terms & Conditions

Breakfast Hosts Terms and Conditions of The Brilliant Breakfast 2025 Campaign (“the Campaign”)  

By participating in the Campaign by hosting a breakfast, you agree to the following terms and conditions.

1. You agree to engage with and promote the Campaign in a way which, in our reasonable opinion, is appropriate in light of The King's Trust’s (“KT”) role as a young person’s charity and will not cause damage to our reputation.
2. You will not participate in the Campaign to raise money for an organisation other than KT.
3. You may use The Brilliant Breakfast logo lockups and other assets as provided on the Campaign Just Giving page (the “Assets”) for the duration of the Campaign in order to promote the Campaign and your participation in it. However, you may not use the logos in a way that provides commercial benefit or otherwise attracts VAT: (www.gov.uk/guidance/sponsorship-and-vat-notice-70141) unless agreed in advance in writing with KT.
4. You acknowledge that it is your responsibility to participate in the Campaign in a way which protects the health and safety of everyone attending a Brilliant Breakfast. This includes following all laws in relation to health and safety, Government guidance in relation to social distancing and preventing the spread of Covid-19, ensuring that all shared food items have been hygienically prepared and display appropriate allergy information. For the avoidance of doubt, KT has no liability for the health and safety of participants in the Campaign, save to the extent that personal injury is directly caused by their own respective negligence.
5. If you are under the age of 18, you will ask permission of a parent or guardian before participating in the Campaign or donating money to KT.
6. We will process your personal data in accordance with the privacy notice published on our website: https://www.kingstrust.org.uk/privacy-notice/cookie-notice. We will use the details you provide on registration to keep you informed about The Campaign and if you sign up to up to our mailing, to keep you informed about other KT events.
7. You have a right to update your preferences , to , see the information we hold about you, to ask us to change any of this information or ask us to delete your data, please contact Data.protection@princes-trust.org.uk. You will treat the data of third parties in a manner which is compliant with all relevant law in relation to data protection.
8. You will treat the data of third parties in a manner which is compliant with all relevant law in relation to data protection.
9. You shall comply with the terms of Fundraising Regulator’s Code of Fundraising Practice (https://www.fundraisingregulator.org.uk/code)  in connection with the Campaign. You will not carry out any behaviour which would be considered unreasonable behaviour by the Fundraising Regulator.
10. Your fundraising activity will:
    • be aimed at the public generally
    • not include unsolicited phone calls
    • not include further attempts to fundraise from an individual who has expressly asked not to receive requests of this kind
    • not attempt to imply that any person has a moral obligation to support the Campaign
    • comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (https://www.asa.org.uk/codes-and-rulings/advertising-codes/non-broadcast-code.html)
11. You shall provide, as and when required, any information we reasonably require to allow us to assess that you have complied with this clause.
12. You will comply with all requirements of the Gambling Commission, details of which can be found here, for example when organising raffles.
13. KT may send you Campaign merchandise. KT does not warrant that such merchandise shall be fit for any particular purpose and, as far as permitted by law, excludes all liability for any loss or damage caused in connection with any merchandise.
14. If you, your business or place of work is acting as a “commercial participator” under s58 Charities Act 1992, the Annex (Commercial Participation) below will apply.
15. If you breach any of these terms, The King's Trust shall have the right to exclude your participation in the Campaign and require you to remove any public affiliation with us.
16. These terms and conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

Annex
Commercial Participation

Definitions

“Company”: means any business (whether or not incorporated) on behalf of which these terms are being acceKTed;

“Proceeds”: means the funds raised by the Promotion in accordance with the Solicitation Statement;

“Promotion”: means any promotion which is regarded under the Charities Act 1992 as commercial participator activity, including but not limited to a relevant sale of products or event tickets in the course of the Company’s business;

“Solicitation Statement”: means the statement in the following format, as prescribed by Cabinet Office guidance in relation to commercial participator activity: “The Company will donate [ •% of sale price / •p per product sold] to The King's Trust. The total amount donated to The King's Trust is expected to be £[•]. The King's Trust is a registered charity incorporated by Royal Charter in England and Wales (1079675) and Scotland (SC041198).”

“VAT”: has the meaning given in the Value Added Tax Act 1994.

1. The terms of this Annex apply if the Company undertakes any activity which falls within s58 to s60 of the Charities Act 1992.
2. The Company shall not launch or publicise any aspect of the Promotion without prior written permission from The King's Trust and King's Trust Trading Limited (company number (3161821) (“KT”), which is the trading subsidiary of The King's Trust.
3. The Company shall ensure that where there is any representation that participating in the Promotion shall result in funding being given to KT, the Solicitation Statement shall be reproduced in full. Each Solicitation Statement must be approved in writing by KT prior to the Promotion being launched and/or publicised.
4. The Company shall pay to KT the amount set out in the Solicitation Statement.
5. The Company shall have in place and maintain in force appropriate insurance with a reputable insurer for the duration of the Promotion, including but not limited to public liability insurance, to cover all risks normally covered by a comprehensive policy of insurance in respect of the carrying out of this Promotion.
6. The Parties agree that they are committed to the eradication of modern slavery and child exploitation (as defined in the Modern Slavery Act 2015) and will comply with all relevant local laws in relation to the eradication of modern slavery. The Company:
   1. shall ensure that any contracts with subcontractors shall contain wording at least as onerous as those set out in this clause and notify KTT as soon as it becomes aware of any actual or suspected slavery or child exploitation in a supply chain which has a connection to the Promotion;
   2. shall maintain appropriate records to trace the supply chain in connection with this Agreement, and shall provide KT with information relating to the nature, scale and impact of any breach and any subsequent improvement plans; and
   3. warrants that at the date of this Agreement it has not been convicted or involved in any investigation regarding modern slavery or child exploitation.
7. Intellectual Property
   1. KTT hereby grants to the Company a non-transferable, non-exclusive, revocable and royalty-free licence (with no right to sub-licence, assign or transfer such licence unless written consent has been obtained in advance from KTT) to use the name “The King's Trust” and the Assets solely for the purposes of producing, marketing and advertising the Promotion for the Term in accordance with the terms of this Agreement.
   2. The Company shall only use the Assets and The King's Trust name in accordance with the express provisions of this Agreement and any reasonable instructions of KTT or KT, and nothing in relation to this Agreement shall imply any transfer or further licensing of any other KT intellectual property rights.
   3. The Company shall comply with all reasonable instructions of KT including but not limited to brand guidelines. If requested, the Company shall provide representative samples of all materials on which KT intellectual property rights are used within all reasonable timescales for approval by KT (not to be unreasonably withheld or delayed) prior to publication, sale and/or mass production.
8. Commercial Participation
   1. The Company shall ensure that where there is any representation in connection with the Promotion that charitable contributions are to be given to KT, the representation shall be accompanied by the Solicitation Statement such that it satisfies the purposes of section 60(3) Charities Act 1992.
   2. The Company hereby agrees to pay to KT the Proceeds plus VAT.
   3. The Company shall keep separate, legible and detailed books of accounts and records relating to the Promotion and shall allow KT, its employees, agents and professional advisers to inspect, audit and take copies of any such books of account, VAT records, bank statements or other relevant records.
   4. KTT undertakes that it will donate all its taxable profits for the financial period(s) to which this Agreement relates to KT.
9. Each Party may terminate this Agreement with immediate effect by written notice if the other Party:
   1. has committed a material breach of this Agreement;
   2. has committed a breach of this Agreement and has failed to remedy such breach (where such breach is capable of remedy) within working days of receiKT of a written notice from the notifying Party requiring the breach to be remedied; or
   3. repeats any breach which it was notified of and remedied within three months of such remedy.
10. KT may terminate this Agreement with immediate effect if it reasonably believes that:
    1. the Company has committed a breach of clauses in relation to health and safety, insurance or modern slavery; or
    2. continuing the contractual relations with the Company may damage or otherwise adversely impact KT’s reputation, goodwill, name, image or IP Rights.
11. On expiry of the Term or termination of this Agreement for whatever reason, the Company shall:
    1. immediately cease to use the KT intellectual property rights;
    2. on reasonable request by KTT withdraw all materials containing KT intellectual property rights from sale; and
    3. account for and pay to KTT all monies owed under this Agreement as accrued at the date of expiry or termination, including all Proceeds.