St John Ambulance - standard terms and conditions for public
events
In these terms and conditions 'We',
'Our', 'Us' refers to St John Ambulance and 'You', 'Your' refers to
the party contracting with St John Ambulance. During the
continuance of the Agreement into which these terms and conditions
are incorporated (the 'Agreement'), We 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.
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Orders/ acceptance to cover public events
- All orders for Us to provide services at Your event ('the
event') must beplaced by You using Our 'Event Information
Form'.
- We are a voluntary organisation and a registered charity and do
not receive Government funding for providing first aid cover. We
cannot therefore guarantee that any particular request for Us to
provide services will be accepted.
- The issue by Us 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.
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Charges
- Our charges are as set out in the tariff for resources, which
forms part ofthese terms and conditions. All charges are subject to
VAT.
- The charges as set out in the tariff for resources are applied
for events of not more than eight hours duration, between the hours
of 08:00 and 18:00. Events outside these hours may be subject to a
surcharge, dependant on
the start and finish times and the duration of the event.
- For events where the duration is greater than five hours,
time must be allowed for our personnel to take breaks.
- Once at the event, regardless of the duration, the finish time
specified on the booking form shall be considered as the finish
time of the event. If an event continues beyond this finish time,
We reserve the right to leave the event at the specified finish
time. Any possible overrun must be discussed with the St John duty
manager at the event as soon as possible. The decision is at the
discretion of the St John duty manager at the event.Where personnel
are willing to remain at the event, the relevant excess duty
charges shall apply. In all incidences where the finish time
exceeds that of
the stated time on the booking form, excess duty charges will
become payable.
- A mileage charge may be made, for payment to Our members using
their own vehicles to attend at the event.
- A subsistence fee will be charged for events exceeding five
hours, where food and refreshments are not provided. If You are not
providing food and refreshments You are required to make payments
according to Our subsistence fees.
- If You wish to cancel Your request for Our attendance at Your
event or change the date or times of the event, You must give Us
written notice to be received at Our county headquarters at least
ten days before the event. If such notice is not given, then a
charge of the full fee plus VAT will be made.
- Terms of payment are 30 days from the date of invoice.
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Your 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 policed, 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 must be provided either
by You or by Us (at Your cost).
- If Your event exceeds five hours, You must supply food and
refreshments for Our personnel. Alternatively a subsistence fee
will be payable by You.
- You must ensure that We have free and clear access and egress
to and from the site of the event for Our personnel and vehicles.
(This also includes Our member’s private transport).
- You must ensure that all additional medical personnel at the
event are made known to Our personnel, 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 first aid
post, personnel and / or ambulances 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 Us as a
fundamental breach of this Agreement, in which case We shall be
entitled to immediately terminate the event. This will not affect
Our right to be paid for Our services (whether performed or
not).
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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 paramedics at the event.
- 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 St John duty manager at the event shall conduct the
deployment of Our personnel. They are responsible for the health
and safety of Our members and have a legal obligation under the
Health and Safety at Work
Act.
- It may be necessary for Our personnel to leave the event, in
order to obtain further medical care for any person they are
treating. We accept no liability should this mean that the event
has to cease due to such a reduction of first aid cover.
- In the unlikely event of a major incident occurring elsewhere
within the country, We may be called away by a Local Authority,
Statutory Body, or other emergency agency. We therefore reserve the
right to leave Your event if We conclude that other demands for Our
services must take precedence. We will inform You before leaving
Your event. Should such an instance occur, no charges will be made
to You for any provision We have made at the event. We accept no
liability for any losses You may incur due to the termination of
the event in such circumstances.
- In the unlikely event of a life threatening situation occurring
in the vicinity of Your event, any ambulance at Your event may be
requested to respond(subject to reduced first aid provision
remaining at the event). Should this occur, We 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.
- St John Ambulance personnel provide their services voluntarily.
Acceptance of all events is subject to the availability of such
volunteers. In the unlikely event that insufficient personnel are
available for an accepted event, every effort shall be made to
locate resources from elsewhere, as appropriate to the nature of
the event. Should adequate resources remain unavailable, We reserve
the right to provide not less than three weeks notice to the named
contact person on the booking form, of Our intent to withdraw from
the event. We also reserve the right to provide not less than 24
hours notice to the named contact person, of Our intent to provide
reduced resources. If the named contact cannot be reached, all
reasonable effort shall be made to inform the appropriate
organisation in some other manner. It is the responsibility of the
person booking Our resources, to ensure an appropriate system/route
of communication is made known to Us. We accept no liability for
any losses You may incur due to the cancellation or reduction of
the event for reasons as set out in this Clause.
- 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 We nor Our personnel 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.
- Subject to Clause 4.11 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
Our obligations under the Agreement caused by factors outside of
Our control (including but not limited to fire, storm, flood
etc.)
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Information provided to and by St John Ambulance
- If, in Our opinion, a suitable level of cover cannot be agreed,
or Your event appears to put Our members at unacceptable risk if
injury or illness, We reserve the right not to proceed with Our
services. However, it remains 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 Us are accurate and correct. If
We are notified of changes to these details, such as levels of
resources, duration, time or location of event, We reserve the
right to revise Our fees, or to reconsider Our acceptance of the
event. If upon arrival at the event, the senior member or officer
in attendance considers the event to be larger or of a higher risk
than stated on the booking form or subsequent correspondence, We
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 We 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 St John Ambulance
personnel, 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.
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Complaints
- Any complaints or disagreements regarding Our services or Our
personnel should be taken up with the St John Ambulance Duty
Manager at the event. If the issue cannot be resolved, all
complaints must be made in writing to the county executive officer
at Our county office.
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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 Us, You will
consult with Us 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.
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English Law and jurisdiction of English Courts
- The Agreement shall be governed by English Law and the parties
consent to the exclusive jurisdiction of the English Courts.