Terms & Conditions for Advertisers

TERMINOLOGY

“Ad-break”: a sequence of commercials.

"Agreement": these Terms and Conditions together with the signed Order Confirmation

"Buyer": the person which signs, or otherwise confirms, the Order Confirmation and who is responsible for satisfying all payment obligations under this Agreement, such person may be the same person as the Advertiser but, from time to time, they may be an Advertiser's agency or media buyer, acting as principal on behalf and with the authority of its Advertiser client

"Campaign": a radio advertising campaign consisting of one or more commercials to be aired on Frisk Radio to the benefit of the Advertiser.

"Commercial(s)": any audio advertising, promotional, sponsorship, tagline or similar material to be broadcast by Frisk Radio, as specified in the Order
Confirmation

"Order Confirmation": a document previously signed between both parties, detailing specifics about the campaign

The Contract

1.1 The contract will commence upon the signature dates in the Order Confirmation, as signed by both the Advertiser and Frisk Radio.

1.2 Payment terms for the campaign will be agreed upon between both the Advertiser and Frisk Radio, as laid out in the Order Confirmation.

1.3 Payment for any creative costs must be paid in advance of the campaign going to air.

1.4 Terms for ending the contract before the agreed upon campaign end date are stated in the signed Order Confirmation document.

1.5 Frisk Radio shall broadcast, publish and communicate the Advertisements to the public in accordance with the Order Confirmation. In addition, if detailed in the Order Confirmation, Frisk Radio shall develop and create the Advertisements for the Campaign.

1.6 All involved parties shall cooperate in good faith to ensure the Campaign is developed and delivered in accordance with the specifications and deadlines set out in the Order Confirmation.

1.7 The Advertiser's failure to comply with the agreed Deadlines and/or of Frisk Radio requires the submitted Assets to be significantly amended, may result in a delay or failure to develop and/or deliver the agreed Campaign, for which Frisk Radio shall not be held responsible.

The Creative

2.1 The Advertiser is obligated to either; (a) produce a broadcast ready advert to Frisk's technical expectations (see details for this here); or (b) purchase the creative through Frisk Radio, as agreed upon in the Order Confirmation.

2.2 If Frisk Radio (or its nominated production agent) is responsible for the development and creation of the Commercial(s), they will correspond with the Advertiser and produce a written record the Advertisers requirements (the "Brief"). The Advertiser will approve the brief through email to whichever creative partner is producing the Commercial(s).

2.3 Frisk Radio (or its nominated production agent) will write a script in accordance with the Brief and present this to the Advertiser.

2.3.1 The Advertiser may request minor changes to the script. Changes must be requested by Electronic Means. The number of uncharged change requests will be limited to 2. After this number, Frisk Radio may charge for changes.

2.3.2 The Advertiser may request a total rewrite of the script if they feel it does not meet the Brief. Rewrites must be requested by email. Frisk Radio may charge for rewrites.

2.3.3 When satisfied, The Advertiser will approve the script by email.

2.4 Frisk Radio (or its nominated production agent) will recommend one or more Voice-over Artists ("VOAs") to while feature in the Commercial. The Advertiser will be able to hear a sample of the VOAs by email.

2.4.1. The Advertiser will approve the choice of VOAs by email.

2.4.2. Any changes to the VOA by the Advertiser after approval will be chargeable.

2.5 Frisk Radio (or its nominated production agent) will commission the production of the Commercial(s).

2.5.1 If the Advertiser does not feel the Commercial(s) meet the Brief, the Advertiser may request a re-edit. Re-edits must be requested by email. The number of uncharged edits will be 1. After this number, Frisk Radio may charge for re-edits.

2.5.2 The Advertiser will approve the Commercial(s) by email.

Scheduling

3.1 Frisk Radio will schedule the Commercial(s) (the “Ad Schedule”) on a week-by-week basis.

3.2 All Ad Schedule's will commence on the Friday of the Start Date as confirmed in the Order Confirmation, providing required Commercial(s) have been supplied. 

3.3 Should the delivery of the Commercial(s) come after the Start Date, the campaign will commence from the following Friday, once all required Commercials have been approved.

3.4 Frisk Radio will endeavour not to schedule the Commercial(s) within the same Ad-break as Commercial(s) from another advertiser in the same or similar market sector, but makes no guarantees that the Commercial(s) will be scheduled as such.

3.5 Frisk Radio will endeavour to meet the target Plays Per Week. In the event that Frisk Radio are unable to schedule the Commercial(s) as such, Frisk Radio will endeavour to exceed the target Plays Per Week on a future week, such that an average (mean) number of plays per week is met over the duration of the Campaign.

3.6 Frisk Radio reserve the right to schedule additional plays, such that the target Plays Per Week is exceeded on any week.

3.7 The Advertiser will be able to review the Ad Schedule via a link provided by Frisk Radio.

Playout

4.1 Frisk Radio will endeavour to play the Commercial(s) in accordance with the Ad Schedule.

4.2 In event that an ad does not play in accordance with the Ad Schedule (including but not limited to technical reasons), Frisk Radio will endeavour to adjust the Ad Schedule going forward, to add additional plays, such that an average (mean) number of plays per week is met over the duration of the Campaign.

4.3 Frisk Radio broadcasts on a number of platforms, including online platforms (app, smart speaker and website) (“Online Platforms”) and DAB broadcast transmitters (“Transmitter/Transmitters”) operated by 3^rd parties.

4.4 In the event that the Commercial(s) does not air, due to a technical fault with a/the Transmitter(s) or Online Platforms, Frisk Radio will endeavour to adjust the Ad Schedule going forward, to add additional plays, such that an average (mean) number of plays per week is met over the duration of the Campaign.

4.5 Frisk Radio may, at its discretion, play the Commercial(s) on additional stations that it owns or operates now, or on additional stations that it owns or operates in the future.

4.6 Frisk Radio will not reimburse the Advertiser for any spots missed according to the agreed Plays Per Week.

Ownership, Copyright and Exclusivity

5.1 Any Commercial(s) made by Frisk Radio (or its nominated production agent) remain the intellectual property of Frisk Radio.

5.2 The copyright in any music or sound effects featured in the Commercial will belong to the respective rights holder.

5.3 The Advertiser may licence the Commercial for additional means at a fee to be later agreed between Frisk Radio and the Advertiser.

5.4 Frisk Radio does not offer market sector exclusivity to the Advertiser. Frisk Radio reserves the right to sell and schedule commercials to other advertisers in similar or the same market sectors. Market sector exclusivity may be purchased on a case-by-case basis, at a bespoke price set by Frisk Radio.

Sponsorship Agreements

6.1. If part of the Campaign is for sponsorship of a radio programme or feature, Frisk Radio reserves the right to cancel or suspend this element of the Campaign at any time. The Advertiser accepts that Frisk Radio may also alter its radio programming schedule at any given time. If the radio sponsorship element of the Campaign is to be cancelled, suspended or its radio programming schedule altered, Frisk Radio will endeavour to give the Advertiser prior notice and will always deliver the agreed length of Campaign.

6.2. The Advertiser must give Frisk Radio 3 months' written notice, to be sent by recorded delivery, to cancel any sponsorship, during which time it will continue to pay Frisk Radio in accordance with the Order Confirmation.

Confidential Information

7.1 The terms of this Agreement (but not its existence), and any other information notified by one party to the other as being confidential, shall be kept strictly confidential at all times, unless required by law, order of a court of competent jurisdiction, in which event the disclosing party shall notify the other party as promptly as possible (and, if at all possible, prior to the making of any such disclosure) and shall use its reasonable commercial endeavours to ensure that such information continues to be treated as confidential. Notwithstanding the foregoing, the parties shall be entitled to disclose any such confidential information on a “need-to-know” basis under the same obligations of confidentiality as in this Agreement, to its professional advisors, employees, officers, contractors, agents and affiliated companies.

Further Parties Obligations

8.1. Frisk Radio represents and warrants that:

a) it is entitled to enter into this Agreement and to perform the obligations set out in it;

b) in the fulfilment of its obligations under this Agreement, it shall comply with all Applicable Law, including those relating to anti-bribery, anti-corruption and anti-money laundering; and

c) it shall perform its obligations under this Agreement in accordance with reasonably accepted industry practice.

8.2. The Advertiser represents, warrants and undertakes that:

a) it is entitled to enter into this Agreement and to grant the rights and perform the obligations as specified in this Agreement;

b) it will give Frisk Radio written notice of any change of its name, trading style, identity or trading premises immediately (and in no more than 5 working days of such change);

c) it has obtained or will obtain clearance (and shall pay all costs, royalties and expenses related to the same) necessary for Frisk Radio's exploitation of the Assets for the purposes of the Campaign and therefore Frisk Radio's use of such Assets will not violate or infringe any 3rd party Intellectual Property, privacy, moral, or other proprietary rights;

d) all information supplied to Frisk Radio for use in connection with an Advertisement (including that which is contained within Assets) is accurate, complete and true;

e) in respect of any Assets which contain the name, voice or other contribution from a living person, the Advertiser has obtained the authority of such living person to make use of their name or voice or contribution for the purposes of the Campaign;

f) in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000), the Advertiser is, or the Commercial has been approved by, an authorised person within the meaning of that Act or the Commercial is otherwise permitted by Applicable Law;

g) the Assets and Frisk Radio's use of them in accordance with this Agreement complies with Applicable Law and will not constitute a libel or slander, nor be offensive, indecent, nor, if published or broadcast, would promote discrimination based on sex, race, religion, disability or age; and

h) the Assets do not contain viruses, bugs, worms, Trojan horses, harmful codes or other form of defect or contamination which could cause temporary or permanent damage to or will otherwise impair or harm or cause the malfunction of the software or hardware of any platforms on which Assets will be delivered pursuant to this Agreement;

i) during the Term, it will not knowingly do or say anything which is intended or is reasonably likely to cause harm to Frisk Radio's reputation or to otherwise bring Frisk Radio or any associated brands or companies into disrepute;

j) in connection with this Agreement, it shall comply with all Applicable Laws including those relating to anti-bribery, anti-corruption and anti-money laundering.

8.3. If the Buyer is entering into this Agreement as an agent or media buyer for its Advertiser client, the Buyer represents and warrants that it is contracting with Frisk Radio as a principal and is acting under the express authority of the Advertiser. The Buyer will indemnify Frisk Radio and shall keep Frisk Radio fully and effectively indemnified from and against any claims made by the Advertiser which concern the Buyer not having such authorisation.

8.4. Frisk Radio may, in its sole (but reasonable) discretion and without liability to the Advertiser, refuse to broadcast or publish an Commercial or any Assets, or if broadcast has already commenced it may refuse a future broadcast (and for Digital Advertisements or Audio-Visual Advertisements, remove from a Frisk Radio website immediately), or require the Commercial or Assets to be amended prior to any future broadcast or publication, to:

a) comply with any legal or moral obligations placed on Frisk Radio or the Advertiser;

b) Avoid, or attempt to avoid, infringing a third party's rights or Applicable Law;

c) to avoid / remedy the potential risk of bringing Frisk Radio into disrepute or harming its reputation; or

d) to avoid the breach of Frisk Radio's internal policies or brand guidelines.

8.5. Frisk Radio reserves the right (during the Term and for the purposes of the Campaign) to broadcast or publish (whether on its website or on one of its radio stations) any Assets previously supplied by the Advertiser.

Limitation of Liability

9.1. This clause 9 sets out the entire liability of one party to the other and, except as provided in this section, all other liability is excluded.

9.2. It is the responsibility of the Advertiser to check, when it is provided by Frisk Radio for approval, the correctness and factual accuracy of each draft Commercial and that such draft Commercial complies with the Advertiser's requirements and Applicable Law, especially but without limitation, those Applicable Laws which are specific to the Advertiser's industry. Frisk Radio will not be responsible for any errors in any Commercial (or the repetition of an error in a Commercial ordered for more than one broadcast or publication) which has been approved by the Advertiser.

9.3. If, after it has given its approval pursuant to this Agreement, the Advertiser notices an error in a Commercial, it should notify Frisk Radio immediately and in writing (email being sufficient for such purposes). Following such notification, Frisk Radio shall remove the Commercial from its website or cancel any future radio broadcasts for that Commercial within 14 days. If Frisk Radio fails to do so or if during the approval process, Frisk Radio fails to correct an error identified by the Advertiser, then Frisk Radio shall either:

a) if possible, not charge the Buyer the media charge for delivery of that Commercial; or

b) if the media charge has already been paid, re-broadcast / re-publish a corrected Commercial, without charge, extending the Campaign term, if necessary; or

c) If the media charge has already been paid and it is not possible for re-broadcast, credit the Buyer (for the benefit of the Advertiser if the Buyer has entered this Agreement on their behalf) the media charge associated with delivery / publication of the Commercial(s) containing the error, such credit may then be used in any subsequent advertising or promotional campaign the Advertiser books with Frisk Radio.

9.4. Any complaint, claim or query (whether in relation to a Commercial or an invoice) must be raised with Frisk Radio in writing (email being sufficient for such purposes) within 10 days of

either:

a) the broadcast of the Radio Commercial;

b) the date on which it is claimed the Radio Commercial should have been broadcast; or

c) the date of receipt by the Buyer of the invoice giving rise to the complaint, claim or query.

The raising of a complaint, claim or query shall not affect the Advertiser's liability to pay all charges for the Campaign.

9.5. Frisk Radio shall not be liable for failure to perform its obligations hereunder, to the extent that such failure arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to any of the following: fires, Acts of God, flood, earthquake, windstorm or other natural disaster, strikes, interruption or failure of a utility service, failure of the internet, terrorism, key employees not being available to perform the services through death, illness or departure, or Governmental restriction. Frisk Radio shall also not be liable to the Advertiser for the failure, corruption, interruption, downtime, virus or malfunction of any radio station, website or other digital platform, including but without limitation any 3^rd party media platform.

9.6. Frisk Radio will not be liable to the Advertiser if the success of the Campaign is less than anticipated.

9.7. The Advertiser will indemnify Frisk Radio and shall keep Frisk Radio fully and effectively indemnified and hold Frisk Radio harmless from and against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeably as a result of the Advertiser's breach or non-performance (and, if a Buyer has entered into this Agreement on behalf of its Advertiser client, any breach or non-performance by that Advertiser client) of any representation, warranty or other term of this Agreement.

9.8. Nothing in this Agreement limits or excludes the liability of a party for death or personal injury resulting from its negligence or for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party.

9.9. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

9.10. Frisk Radio shall not be liable to the Advertiser for loss of profits, business, goodwill and/or similar losses or loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information, or any special, indirect or consequential loss, costs, damages, charges or expenses.

9.11. Frisk Radio's total liability to the Advertiser in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total media and production charges payable for the Commercial in question.

General

10.1 In confirming its order (whether directly or indirectly) for the delivery of the Campaign pursuant to this Agreement, the Advertiser is indicating its acceptance of the terms set out herein.

10.2. No waiver or indulgence by Frisk Radio shall be effective save in relation to the matter in respect of which it was specifically given.

10.3. The Buyer may not assign this Agreement in whole or in part.

10.4. These terms and conditions together with the Order Confirmation constitute the whole agreement between Frisk Radio and the Advertiser (and if the Buyer is acting on behalf of an Advertiser client, that Advertiser) concerning the Campaign and supersede all previous agreements relating to the same. If there is any conflict between these terms and conditions and the Order Confirmation, the Order Confirmation shall prevail.

10.5. A person who is not a party to this Agreement shall have no rights to enforce any of its terms whether under the Contracts (Rights of Thirds Parties) Act 1999, or otherwise.

10.6. This Agreement which incorporates these terms shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.

Last Updated: April 2026