Kentdale First Aid Events Ltd - Terms & Conditions
In these terms and conditions K.F.A.E refers to Kentdale First Aid Events Ltd and 'You', 'Your' refers to the party contracting with K.F.A.E. During the continuance of the Agreement into which these terms and conditions are incorporated (the 'Agreement'), K.F.A.E shall supply our services and You shall purchase the same subject to these terms and conditions. Definitions in the Agreement shall also apply in these terms and conditions. In the event of any conflict between these terms and conditions and other terms of the Agreement, those other terms of the Agreement shall take precedence.
1. Orders / acceptance to cover public events
The issue by K.F.A.E of a quotation is not a binding offer and we will only assume contractual liability once we have accepted in writing Your confirmation that the quotation meets Your requirements.
The agreement / acceptance form will be emailed to you and must be signed and returned to K.F.A.E 14 days prior to the event start date. Failure to return this form will result in K.F.A.E being unable to attend your event.
2. Charges
K.F.A.E will expect the event to finish at the time specified on the event information form. If the Event continues beyond this finish time, K.F.A.E reserve the right to leave the venue at the specified finish time. Any possible over run must be discussed with our event duty manager. If K.F.A.E staffs are willing to remain at the event, the relevant excess duty charges shall apply.
Cancellations
If you wish to cancel your request for our attendance at Your event or change the date or times of the Event, You must send us an email and telephone us.
1. Cancellations received 7 days or less prior to the event will incur a full charge.
2. Cancellations of less than 14 days prior to the event will incur a 50% charge.
3. Events cancelled over 14 days prior to event will incur no charge.
Terms of payment
Terms of payment as per those stated on the invoice. If payment is not made by the due date, interest will be charged at the rate of £15 per week from date of invoice on the whole sum owing or part thereof until payment. There may be collection fees in addition to our penalty rate for which you would also be responsible.
3. Responsibilities
4. Our responsibilities (and limitations to the same)
We will provide first aid services at the event in a manner commensurate with good practice in first aid delivery. These services are provided subject to the following limitations, and should not be viewed as a substitute for any need for registered doctors, nurses or paramedic at the event. These must be requested by You on the Event booking Form.
Any complaints or disagreements regarding K.F.A.E services or a member of our staff should be taken up with the K.F.A.E Manager at the event. If the issue cannot be resolved, all complaints must be made in writing to the Kentdale First Aid Events Office.
7. General
8. Number of Staff at events
K.F.A.E reserves the right to refuse a booking that request’s only one member of staff to attend an event, this is unsafe practice and we will not put our staff at risk.
9. English Law and jurisdiction of English Court
The Agreement shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English Courts.
The issue by K.F.A.E of a quotation is not a binding offer and we will only assume contractual liability once we have accepted in writing Your confirmation that the quotation meets Your requirements.
The agreement / acceptance form will be emailed to you and must be signed and returned to K.F.A.E 14 days prior to the event start date. Failure to return this form will result in K.F.A.E being unable to attend your event.
2. Charges
K.F.A.E will expect the event to finish at the time specified on the event information form. If the Event continues beyond this finish time, K.F.A.E reserve the right to leave the venue at the specified finish time. Any possible over run must be discussed with our event duty manager. If K.F.A.E staffs are willing to remain at the event, the relevant excess duty charges shall apply.
Cancellations
If you wish to cancel your request for our attendance at Your event or change the date or times of the Event, You must send us an email and telephone us.
1. Cancellations received 7 days or less prior to the event will incur a full charge.
2. Cancellations of less than 14 days prior to the event will incur a 50% charge.
3. Events cancelled over 14 days prior to event will incur no charge.
Terms of payment
Terms of payment as per those stated on the invoice. If payment is not made by the due date, interest will be charged at the rate of £15 per week from date of invoice on the whole sum owing or part thereof until payment. There may be collection fees in addition to our penalty rate for which you would also be responsible.
3. Responsibilities
- As the organiser of the event You retain full responsibility for ensuring that a satisfactory risk assessment has been carried out for the event.
- You must ensure that the event is properly stewarded, so that our personnel do not find themselves in threatening situations.
- You must ensure that an area for the treatment of patients is clearly defined. A dry, covered, clean area can be provided either by You or by Us.
- You must ensure that We have free and clear access and egress to and from the site of the event for K.F.A.E personnel and vehicles. (This also includes K.F.A.E staff’s private transport) or suitable parking made available for said vehicles.
- You must ensure that all additional medical personnel at the event are made known to K.F.A.E event manager, before the commencement of the event.
- You must adhere to any request to stop the event while treatment takes place.
- Your event staff should be made aware of where the Medical Tent and personnel are located, to assist any requests from participants or spectators.
- Should the event be of such a size that You are using, maps, plans and or radio equipment, Our personnel should be provided with them. It is Your responsibility to ensure an appropriate system/route of communication is made known to Us.
- You are responsible for ensuring that all necessary licenses to operate the event have been obtained and for compliance with all conditions associated with such licences and in respect of all relevant legislation, regulations or similar. Failure to comply with the requirements of this clause may be treated by K.F.A.E as a fundamental breach of this Agreement, in which case K.F.A.E shall be entitled to immediately terminate its attendance at the event. This will not affect K.F.A.E right to be paid for Our services (whether performed or not).
4. Our responsibilities (and limitations to the same)
We will provide first aid services at the event in a manner commensurate with good practice in first aid delivery. These services are provided subject to the following limitations, and should not be viewed as a substitute for any need for registered doctors, nurses or paramedic at the event. These must be requested by You on the Event booking Form.
- We may carry out our own risk assessments, but these are for our own purposes. You remain fully responsible for Your event (see Your responsibilities above).
- Our K.F.A.E manager at the event shall conduct the deployment of our personnel. They are responsible for the health and safety of K.F.A.E staff and have a legal obligation under the Health and Safety at Work Act.
- In the unlikely event of a life threatening situation occurring in the vicinity of Your event, our staff at Your event may be requested to respond (subject to reduced first aid provision remaining at the event). Should this occur, K.F.A.E reserve the right to leave the event without notice. We accept no liability for any losses You may incur due to the termination of the event, should the cause be due to Our full or partial withdrawal.
- In view of the circumstances specified earlier in this Clause, You are advised to arrange appropriate 'Event Cancellation' insurance. We will not accept liability for any loss which you incur in relation to cancellation which could have been covered by such insurance.
- Neither K.F.A.E nor K.F.A.E staff shall be liable under any circumstances, for any damage to land or property in the event of access being required to a casualty or to allow egress from a site.
- At Your request K.F.A.E may use an off road all terrain Argocat 6 x 6 vehicle to move patients to their static on-site Medical Centre. K.F.A.E will not convey any patient off site but will liaise with the County Ambulance Service to arrange their attendance.
- Subject to Clause below, neither We nor Our personnel shall have any liability to You or any third party, for any loss, expense or damage of any nature, suffered or occurred arising from any breach of any condition of the Agreement or any negligence or any breach of statutory or other duty or in any other way in connection with performance or purported performance of or failure to perform the Agreement.
- Nothing in this Contract shall be taken to exclude liability for death or
personal injury resulting from Our (or Our personnel’s) negligence. - We shall not be liable for any failure in performance of any of K.F.A.E obligations under the Agreement caused by factors outside of Our control (including but not limited to fire, storm, flood etc.)
- It is Your sole responsibility as the body organising the event to ensure that the level of cover requested complies with all statutory regulations and requirements laid down by any governing body relating to such event.
- Acceptance of all events (and the fees quoted) for the provision of resources is made on the understanding that the details of the event submitted to K.F.A.E are accurate and correct. If K.F.A.E is not notified of changes to these details, such as levels of resources, duration, time or location of event, K.F.A.E reserve the right to revise our fees, or to reconsider our acceptance of the event. If upon arrival at the event, the K.F.A.E duty manager in attendance considers the event to be larger or of a higher risk than stated on the booking form or subsequent correspondence, K.F.A.E reserve the right to withdraw from the event. In such circumstances all reasonable effort shall be made to advise the contact name on the booking form of the reasons for withdrawal. Should it be necessary at this stage to withdraw from the event, full charges will apply for the resources provided, and K.F.A.E accept no liability for any loss you may incur due to the termination of the event in such circumstances.
- With regard to details of persons treated by K.F.A.E staff, personal information will only be provided upon a request by legal representation and/or by written consent of the individual concerned, all subject at all times to the Data Protection Act 1998.
Any complaints or disagreements regarding K.F.A.E services or a member of our staff should be taken up with the K.F.A.E Manager at the event. If the issue cannot be resolved, all complaints must be made in writing to the Kentdale First Aid Events Office.
7. General
- Each party will ensure that all confidential information received from the other, remains confidential subject to any disclosure required by law (when full consultation will take place between the parties prior to disclosure).
- If You are subject to the Freedom of Information Act 2000, then You agree that before disclosing any information about K.F.A.E, You will consult with K.F.A.E in order to consider if any exemption to disclosure may be applied.
- Each party confirms that it owns or has all necessary rights in the use of all intellectual property in relation to the services which are the subject of the Agreement (and the related catalogues/literature) and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with the originating party, unless otherwise agreed in writing between the authorised representatives of each party.
- If any clause or part of this Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Contract and this will not affect any other provisions of this Contract which will remain in full force and effect.
- The parties to this Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
- No failure or delay by either party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same or of some other right, power or remedy.
- The Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that the Agreement is varied in the manner specified.
- The Agreement into which these terms and conditions are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Agreement. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
- Nothing in the Agreement or any arrangement contemplated by it shall constitute either party a partner of the other nor shall the execution, completion and implementation of the Agreement confer on any party any power to bind or impose any obligations to any third parties on the other party or to pledge the credit of the other party.
8. Number of Staff at events
K.F.A.E reserves the right to refuse a booking that request’s only one member of staff to attend an event, this is unsafe practice and we will not put our staff at risk.
9. English Law and jurisdiction of English Court
The Agreement shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English Courts.