Cairngorms Nation­al Park Pàirc Nàiseanta a’ Mhon­aidh Ruaidh

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Cairngorms Nation­al Park brand charter

(the ​“Charter”)

The Cairngorms Nation­al Park is an out­stand­ing place and its brand reflects a cus­tom­er prom­ise to give the best the area can offer, inspir­ing high qual­ity, sus­tain­able and authen­t­ic exper­i­ences, products and services.

The Cairngorms Nation­al Park Author­ity hereby agrees to grant you a non-exclus­ive, non-trans­fer­able licence to use the Cairngorms Nation­al Park part­ner brand set out below (the ​“Charter brand”) in con­nec­tion with the pro­mo­tion of your busi­ness or event in the Cairngorms Nation­al Park, sub­ject to you agree­ing to the terms set out below.

Charter brand

![Cairngorms Nation­al Park Charter Brand]

We agree and under­take that:

• We are proud to oper­ate with­in the Cairngorms Nation­al Park.

• We meet, and will con­tin­ue to meet, all applic­able laws and reg­u­lat­ory require­ments, guid­ance and best prac­tice relat­ing to our busi­ness, activ­it­ies and sector.

• We are com­mit­ted to provid­ing qual­ity products and ser­vices, and to con­tinu­ally striv­ing to improve our busi­ness and cus­tom­er offering.

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• We will always respect the spe­cial nature of the Cairngorms Nation­al Park and will encour­age our cus­tom­ers to do the same.

• We shall always carry out our activ­it­ies in ways that pro­tect and seek to improve the envir­on­ment of the Cairngorms Nation­al Park.

• We will work to provide our cus­tom­ers with a dis­tinct­ive and authen­t­ic exper­i­ence of quality.

• Where pos­sible, we will pur­chase goods and ser­vices from sus­tain­able sources. We recog­nise that loc­al products are part of the authen­t­ic exper­i­ence and using them can have a pos­it­ive effect on the environment.

• We will always strive to enhance the repu­ta­tion of the Cairngorms Nation­al Park as a great place to live, vis­it and do business.

• We will not act in any way which will bring the Cairngorms Nation­al Park, Cairngorms Nation­al Park Author­ity, Vis­it Cairngorms or any busi­nesses with­in the area into disrepute.

• We will abide by the Con­di­tions of Use relat­ing to the Charter brand.

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Con­di­tions of Use relat­ing to the Charter brand

(the ​“Con­di­tions of Use”)

• We acknow­ledge that all rights in the Charter brand (includ­ing all good­will relat­ing thereto) are the exclus­ive prop­erty of the Cairngorms Nation­al Park Author­ity of 14 The Square, Grant­own-on-Spey, PH26 3HG (the ​“Park Authority”).

• We acknow­ledge and agree that we are author­ised to use the Charter brand only in accord­ance with the Charter, these Con­di­tions of Use, and the Cairngorms Nation­al Park brand guidelines (as made avail­able by the Park Author­ity from time to time) (the ​“Brand Guidelines”). The Brand Guidelines are provided to busi­nesses approved to use the Charter brand as part of the Park Author­ity brand wel­come pack. We acknow­ledge and agree that the Brand Guidelines may be sub­ject to change from time to time and we shall com­ply with any such applic­able changes when they are com­mu­nic­ated to us.

• We acknow­ledge and agree that as long as we com­ply with the Charter, these Con­di­tions of Use, and the Brand Guidelines, we are per­mit­ted to use the Charter brand on (i) our web­site; (ii) on social media; (iii) on phys­ic­al pro­mo­tion­al mater­i­als such as leaf­lets, pro­mo­tion­al pub­lic­a­tions and pop-up ban­ners; and (iv) as part of our build­ing sig­nage and or as a win­dow sticker.

• We acknow­ledge and agree that these Con­di­tions of Use do not per­mit us to use the Charter brand on mer­chand­ise or goods (wheth­er provided for sale or free of charge), product labelling or on any uni­forms or oth­er work clothes.

• We under­stand and agree that if we wish to use the Charter brand on any item or for any pur­pose that is not per­mit­ted by the Charter, these Con­di­tions of Use, and the Brand Guidelines, we must obtain the Park Authority’s pri­or writ­ten permission.

• We acknow­ledge and agree that all rights we may have to use any brand­ing and or sim­il­ar mater­i­als (“Leg­acy Brand­ing”) sup­plied to us by or on behalf of the Park Author­ity before the date on which we sign the Charter shall cease and be ter­min­ated on the date on which we sign the Charter and, unless otherwise

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expressly agreed in writ­ing by the Park Author­ity, we shall cease all use of all Leg­acy Brand­ing, with­in three months of the date on which we sign the Charter.

• We are gran­ted no right by the Park Author­ity to allow oth­er people to use the Charter brand, and we under­take not to grant or pur­port or attempt to grant oth­er people the right to use the Charter brand.

• We acknow­ledge the right to use the Charter brand is lim­ited to use in rela­tion to products and ser­vices pro­duced and or provided in the Cairngorms Nation­al Park and which com­ply with the Charter, these Con­di­tions of Use, and the Brand Guidelines.

• We are gran­ted no right to use the Charter brand upon the body of any product, such as cloth­ing, mugs or toys except where the rel­ev­ant products have been sup­plied to us by the Park Authority.

• We acknow­ledge the Charter brand must be used only in con­junc­tion with our own brand and not in any way that makes the Charter brand the prom­in­ent or defin­ing fea­ture of any item or material.

• We shall not use all or any part of the Charter brand in isol­a­tion or in any oth­er way that, in the Park Authority’s opin­ion, rep­res­ents or appears to indic­ate that the Charter brand is our trade mark or brand, or that the products or ser­vices that we sell are the products or ser­vices of the Nation­al Park or Park Author­ity, and / or that we are the Nation­al Park or Park Authority.

• We will not do any­thing to weak­en, dam­age or devalue the Charter brand or which is likely to bring the Park Author­ity into dis­rep­ute. Examples of this would include cre­at­ing a logo which is con­fus­ingly sim­il­ar to the Charter brand and / or using the Charter brand (or any logo that is con­fus­ingly sim­il­ar to it) in a con­text which may be obscene, offens­ive, blas­phem­ous, illeg­al, defam­at­ory, fraud­u­lent or affil­i­ated to a polit­ic­al or reli­gious viewpoint.

• We will allow the Park Author­ity to invest­ig­ate our use of the Charter brand on request and will, at our own expense, make any changes regard­ing our use of the Charter brand which the Park Author­ity require. We will provide any inform­a­tion the Park Author­ity request in rela­tion to any investigation.

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• We agree that we have no rights to the Charter brand oth­er than as gran­ted in the Charter and or these Con­di­tions of Use.

• We agree not to edit, crop, modi­fy or amend the Charter brand.

• We will not apply to register or oth­er­wise seek to acquire any rights in rela­tion to the Charter brand in any jurisdiction.

• We acknow­ledge that no fail­ure, delay or omis­sion by either party in exer­cising any right, power or rem­edy provided by law or under the Charter and or these Con­di­tions of Use shall oper­ate as a waiver of that right, power or rem­edy, nor shall it pre­clude or restrict any future exer­cise of that or any oth­er right or remedy.

• We acknow­ledge that the Park Author­ity may at its sole dis­cre­tion with­draw our right to use the Charter brand at any time, whereupon we agree and under­take that, unless oth­er­wise expressly agreed in writ­ing by the Park Author­ity, we shall imme­di­ately cease all use of the Charter brand. We also acknow­ledge that our right to use the Charter brand shall auto­mat­ic­ally cease, if we cease to carry on our busi­ness in Cairngorms Nation­al Park. On the occur­rence of either event we will promptly cease all use of the Charter brand.

• We acknow­ledge and agree that noth­ing in the Charter or these Con­di­tions of Use con­sti­tutes, or shall be deemed to con­sti­tute, a part­ner­ship with the Park Author­ity or make us an agent of the Park Authority.

• We acknow­ledge that rights to use the Charter brand are being provided on a roy­alty-free, ​“as-is” basis and that the Park Author­ity makes no guar­an­tee in respect of and accepts no liab­il­ity in respect of (so far as is per­miss­ible by law) the use of the Charter brand (includ­ing any non-infringe­ment of third party brands).

• We indem­ni­fy and will keep indem­ni­fied the Park Author­ity against any loss, cost, expense, dam­age or oth­er liab­il­ity if we breach the Charter, the Brand Guidelines and or these Con­di­tions of Use.

• We will promptly noti­fy the Park Author­ity of any actu­al, sus­pec­ted or threatened mis­use of the Charter brand or any claim that use of the Charter brand infringes the rights of any third party. The Park Author­ity will have

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exclus­ive con­trol of any leg­al pro­ceed­ings relat­ing to such mat­ters, and we will provide all assist­ance the Park Author­ity require in rela­tion thereto.

• We acknow­ledge and agree that the attached Charter, these Con­di­tions of Use and the Brand Guidelines con­sti­tute the entire agree­ment relat­ing to our right to use the Charter brand.

• These Con­di­tions of Use, the Brand Guidelines and the attached Charter shall be gov­erned and con­strued in accord­ance with Scot­tish law and we hereby irre­voc­ably sub­mit to the exclus­ive jur­is­dic­tion of the Scot­tish courts.