Standard Terms and Conditions for Public Events (2020)

1. Information about us and how to contact us

1.1 Who we are: we are St John Ambulance, a company registered in England and Wales. Our registration number is 3866129 and our registered office is at St John’s Gate, Clerkenwell, London, EC1M 4DA. Our registered charity number is 1077268/1.

1.2 How to contact us: once you have submitted your enquiry via our website or spoken to a member of our Events Team, you will receive a Quote. You can find our contact details on the Quote.

1.3 How we may contact you: when we contact you, this will be by telephone or by writing to you at the email address you provided to us in your booking or Order Form. We may, from time to time, contact you using alternative communication channels, which may include social media, web chat or text message.

2. These terms

2.1 What these terms cover: this document sets out the terms and conditions on which we will supply First Aid Cover to you. The specific level of cover and cost of our services is set out in the Quote. Together, these terms and conditions and the completed Quote form the “Contract” between us.

2.2 Why you should read them: this document tells you who we are, how we will provide First Aid Cover services at your Event, how you and we may change or end the contract, what to do if there is a problem and other important information.

2.3 Definitions and Interpretation

(a) In this document, the following phrases have the following meanings

(i) “Additional Charges” means any charges set out in the Invoice in addition to the Agreed Price as a result of the specific requirements of your Event

(ii) “Agreed Price” means the price agreed between us (excluding Additional Charges) and set out in the Invoice

(iii) “Designated Treatment Area” means each area designated for the treatment of patients and which must be easily accessible, dry, covered, well-lit, clean, private and reasonably sign-posted

(iv) “Event” means the event at which we will provide you with First Aid Cover

(v) “Event Site” means the site of the Event

(vi) “Event Manager” means the contract manager we appoint to manage First Aid Cover at your Event

(vii) “First Aid Cover” means the provision by our Personnel of first aid and medical treatment and safety services at your Event

(viii) “Invoice” means the invoice we will issue to you once you have returned the completed Quote Form

(ix) “Interest” means an annual rate of 4% above the base lending rate from time to time of Barclays Bank PLC, accruing on a daily basis and compounding quarterly until payment is made

(x) “Quote” means the form we will send you setting out the information we require from you in order to process your booking and provide First Aid Cover at your Event

(xi) “Particulars” means the specific requirements you have set out in the Quote

(xii) “Personnel” means: (A) our staff and volunteers; and (B) any third party contractors we engage who will provide First Aid Cover at your Event

(xiii) “Regional Events Office” means our local events office that will manage your booking

(xiv) “Risk Assessment” means [●]

(xv) “Risk Management Plan” means [●] and

(xvi) "Tariff for Resources” means [●].

(b) Any other words which are capitalised but not defined in this document will have the meanings given to them in the completed Quote (if applicable)

(c) When we use the words “in writing” or “written”, this includes emails but not fax

(d) References to a “person” includes organisations (such as trusts, charitable bodies, companies and local authorities) as well individuals.

3. Booking First Aid Cover for your Event

3.1 How we will accept your booking: our acceptance of your booking will take place when you have agreed to the price and Particulars set out in the completed Quote and we send you a booking confirmation email, at which point a contract will come into existence between you and us.

3.2 Duration of this contract: this contract is effective from the time we send you a booking confirmation email until the final invoice amount has cleared in our bank account (unless the contract ends earlier due to any of the reasons set out at Clause 12).

Clauses 11.4 (Limitation of liability), 10.3 (Confidential information) and 13 (Other important terms), continue to apply even when the rest of the contract ends and have no end date.

3.3 If we cannot accept your booking: if we are unable to accept your booking, we will inform you of this and will not charge you for the First Aid Cover. This might be for a number of reasons, including (but not limited to) where:

(a) we have already committed our resources for another event or purpose so we will not be able to fulfil your request on the date that you have requested; or

(b) we do not consider the First Aid Cover that you have requested to be adequate for the size or risks of your Event. If this happens, we will explain our rationale and suggest what we consider to be a suitable level of First Aid Cover. We are unable to accept your booking until we have both agreed a safe level of First Aid Cover.

3.4 Your booking reference number: we will assign a booking reference number to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.

3.5 Your responsibility to book a suitable level of First Aid Cover for your Event: You acknowledge that:

(a) you are responsible for booking a safe level of First Aid Cover for your Event; and

(b) you are responsible for carrying out a satisfactory risk assessment for your Event.

We may carry out our own risk assessments and produce an event medical plan in relation to the First Aid Cover, but these are for our own purposes.

3.6 Making changes to your booking:

(a) Your right to amend your booking: If you wish to amend your booking, please contact us as soon as reasonably practicable at using the contact details provided on your Quote. We will let you know if the change is possible. If we are able to amend your booking, we will let you know about any changes to the Agreed Price and anything else which would be necessary as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the amendment, and the amendment will only become effective once we receive written confirmation that you are happy to proceed.

(b) Our right to amend your booking: If we become aware of information which means the level of cover agreed in your Quote is inappropriate, we can only continue with your booking if the level of cover is revised. We will advise you in writing as soon as possible if we have any reason to believe we are unable to provide cover at the original level agreed.

4. Our obligations to you

4.1 Before the Event, we will:

(a) ensure our Personnel have received the necessary training, supervision and instruction in order to carry out the First Aid Cover; and

(b) provide you with confirmation that we have appropriate insurance cover in place.

4.2 During the Event:

(a) we will appoint an Event Lead for your Event;

(b) we will provide the agreed number of Personnel for your Event;

(c) we will ensure our Personnel carry identification cards at all times;

(d) we will ensure our Personnel follow health and safety rules and regulations at the venue for the Event;

(e) we will provide First Aid Cover at the Event with due care and skill in accordance with good practice in first aid delivery and, where we provide ambulance services, in compliance with Care Quality Commission regulatory requirements; and

(f) our Event Lead will manage the deployment of our Personnel. They are responsible for the health, safety and welfare of our Personnel and have a legal obligation to them under relevant legislation.

4.3 After the Event, we will:

(a) remove our equipment from the Event premises in a timely manner;

(b) and

(c) attend a debrief organised by you, if we have agreed to do so in the Quote.

5. Your obligations to us

5.1 Before the event:

(a) you must provide all information requested in the Quote, and return this to us at least 10 working days before the Event (we have a template Quote Form on our website [link] that contains a list of the types of information we may request)

(b) should the Event be of such a size that you are using maps, plans and/or radio equipment, you must provide our Personnel with them as soon as practicable but in any event at least 10 working days prior to the Event. You are responsible for providing us with an appropriate system and/or route of communication;

(c) you must have appropriate insurance cover in place, including adequate event cancellation insurance (as detailed in Clause 8.1 (Insurance));

(d) you are responsible for: (i) obtaining all necessary licenses and permits needed to operate the Event; and (ii) ensuring you comply with all the terms and conditions of those licences and permits

(e) you must notify us in advance if you engage anyone (in addition to St John Ambulance) to provide first aid, medical or safety services. It is your responsibility to provide instructions on how we will work with third parties to provide cover at your Event

(f) you must make all Event staff and contractors aware of: (i) the location of the Designated Treatment Area, any first aid posts and/or any ambulance; and (ii) how to notify our Personnel of any requests for assistance;

(g) you must allow us reasonable access to the Event Site ahead of the Event start time in order for us to set up.. You must inform us of any access issues as soon as practicable prior to the Event. Where additional labour is required to facilitate access to the Event Site we may add Additional Charges to the Invoice;

(h) as the organiser of the Event, you are responsible for ensuring that a satisfactory Risk Assessment has been carried out for the Event and that the Risk Management Plan is executed. You must provide the Regional Events Office with a copy of your Risk Assessment and Risk Management Plan at least 10 working days prior to the Event; and

(i) you must ensure that your Event has a Designated Treatment Area. You must provide us with a detailed plan of the Designated Treatment Area showing access and egress routes at least 10 working days prior to the Event. Where:

(i) you are unable to provide a Designated Treatment Area;

(ii) we do not deem the Designated Treatment Area to be satisfactorily safe, private or accessible; or

(iii) we deem that the scale of the Event requires more than one Designated Treatment Area

We will discuss this with you prior to the Event and will charge you for the cost of providing an alternative treatment facility (the details and cost of which will be set out in the Invoice as Additional Charges).

5.2 During the event:

(a) you must ensure that we have free and clear access and egress to and from each Designated Treatment Area and the Event Site at all times, and if we are providing vehicles as part of the First Aid Cover, ensure that there is adequate parking space for our vehicles;

(b) you are responsible for the safety and security of our Personnel;

(c) you must keep the Event Site free from hazards or anything that may prevent or hinder us from delivering the First Aid Cover;

(d) you must have sufficient signs on display to allow individuals to easily find each Designated Treatment Area; and

(e) you must adhere to any reasonable request to stop the Event while treatment takes place.

6. Where we might not be able to provide First Aid Cover at the Event

6.1 Suitable level of First Aid Cover: we rely on the information you provide us to determine a suitable level of First Aid Cover. If your Event is larger in size or a higher risk than that indicated by the information you have previously provided, we will inform you whether we will either:

(a) immediately suspend the First Aid Cover and charge you the Agreed Price (as stated in the Order Form); or

(b) increase the level of First Aid Cover and amend the Agreed Price to reflect the First Aid Cover we deliver at your Event.

6.2 Leaving the Event to obtain additional medical care for Event participants: it may be necessary for our Personnel to leave the Event in the following (unlikely) circumstances:

(a) 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; or

(b) where there is a life-threatening situation occurring in the vicinity of the Event, any ambulance at the Event may be requested to respond (subject to reduced first aid provision remaining at the Event).

In either of the aforementioned circumstances, we reserve the right to leave the Event at any time. We accept no liability for any losses you may incur due to termination of the Event, should the cause be due to our full or partial withdrawal.

6.3 Acceptance of all events is subject to the availability of staff or volunteers. In the unlikely event that insufficient Personnel are available for an Event, every reasonable effort will be made to locate resources from elsewhere, including the use of third-party contractors (approved by our Quality Assurance System). Should adequate resources remain unavailable, we will let you know with at least 48 hours’ written notice that we intend to provide reduced resources. 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 Clause 3.

7. Payment and Charges

7.1 We will invoice you: once we have agreed that we will cover your Event, we will raise an Invoice for the Agreed Price (and, where applicable, any Additional Charges). Unless we agree otherwise with you in writing, we only accept payment by bank transfer to the account details set out in the Invoice.

7.2 If we do not receive payment on time: you must pay the final amount specified in the invoice within 20 working days from the date of the Invoice. For any payment received after this date, we will charge Interest on the sum owed from the due date for payment. We may also decide not to provide any First Aid Cover at your Event (if not already provided). If you owe us monies under an outstanding Invoice, we reserve the right to decline to cover your Event until your account is settled with us.

7.3 Timing of the Event: the charges as set out in the [National Tariff] are applied for Events between the hours of 06:00 and 00:00. Events outside these hours may be subject to a surcharge, dependent on the start and finish times and the duration of your Event.

7.4 If your Event runs past the finish time: you must inform the Event Lead as soon as possible about any likely overrun to the Event. Whilst we will endeavour to accommodate your new requirements, you acknowledge that we are only obliged to provide First Aid Cover up to the finish time set out in the Quote. If you inform us regarding any likely overrun, our Event Leadwill decide and confirm that either:

(a) we are able to continue to provide First Aid Cover past the finish time. Our Event Manager will confirm the newly agreed finish time and the Additional Charges set out in the Invoice will be added to the Agreed Price; or

(b) we are unable to provide First Aid Cover past the finish time (in which case we will continue to provide First Aid Cover up to the finish time).

7.5 Our Personnel at the Event: As a charity, our Personnel can be either paid staff or volunteers. If we encounter staff shortages, we may engage additional Personnel or third-party contractors. For events where the duration is greater than either (i) 5 hours; or (ii) the period initially set out in the Order Form:

(a) where we know in advance that the duration is greater than 5 hours, we will set out the additional staffing costs in the Invoice;

(b) we reserve the right to charge you (including for any increased or overtime rates) more for staffing costs, and will advise you of such costs as soon as practicable;

(c) where you do not provide food and/or refreshments for our Personnel, we may charge a subsistence fee of £[10] per person; and

(d) our Personnel may be entitled to breaks (to be decided by the Event Lead).

8. Insurance

8.1 Insurance cover for St John Ambulance: We will have in place, for your Event:

(a) Public liability insurance cover in the insured sum of at least £[10 million].

8.2 Insurance cover you must have in place: You must have in place:

(a) Event cancellation insurance and

(b) Public liability insurance cover in the insured sum of at least £[10 million].

9. How we use and share information

9.1 Patient information: Unless you have a medical director, St John Ambulance is the data controller for patient information. When we provide treatment to an individual we have a duty of patient confidentiality and additional restrictions to the sharing of patient information apply. We will therefore only share information to you in one of the following circumstances:

(a) In the format provided at Schedule [2]: After your Event, we will provide you with a completed summary form of the treatment we provided. We do not routinely disclose any information that is not already included on the form, but if you wish to ask for additional information, your request should be sent to data-protection@sja.org.uk. We will consider your request and inform you of our decision to disclose or withhold information; or

(b) Where the patient has provided consent for us to release information to you; or

(c) Where we have a statutory duty to disclose the information to you.

9.2 Personnel information:

(a) Information about our Personnel:

(b) Information about your personnel:

9.3 Third party requests for information:

(a) Requests made by the police:

(b) Requests made by local authorities:

(c) Requests made by your insurers: [●]

9.4 Freedom of Information: Where you are a Public Authority as defined in the Freedom of Information Act 2000 (the “FOIA”), you agree to notify us immediately if you receive any FOIA request for information regarding us or our business, and you agree to consult with us regarding the application of any exemptions under the FOIA in relation to such request. We agree to reasonably cooperate with you in relation to the FOIA.

10. Intellectual Property Rights and Confidential Information

10.1 Materials distributed before, during and after your Event: Where either of us provides the other with materials, we agree that there will be no change in intellectual property rights.

10.2 Retention of our intellectual property: The provision of First Aid Cover by us does not confer any intellectual property rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property of St John Ambulance or in the materials referred to above.

10.3 Confidential information: In the event that we disclose any confidential information (which includes but is not limited to any information relating to St John Ambulance, its operations, activities, control, structure and people, the provision of the Services and any pricing information or other important terms, any information marked as confidential or any other information which a reasonable person would believe is confidential) which is not generally available to the public to each other, we agree that we will not at any time disclose to any person any such confidential information except as may be required by law, court order, or any governmental or regulatory authority.

10.4 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).

11. If there is a problem

11.1 Complaints

(a) If you are unhappy about how we have delivered your First Aid Cover: Please let us know as soon as possible so that we can try to resolve the problem. During your Event you should inform our Event Manager so that they can decide if any immediate action should be taken. If this is not possible or for any other reason you remain unsatisfied, please send any concerns in writing to the Event Manager or to the Regional Events Office that your booking is engaged with.

(b) If a patient is unhappy with the treatment we provided: Please ask them to contact us directly by emailing assurance@sja.org.uk.

11.2 Legal action

(a) Legal action by third parties: where a third party gives notice that it intends to bring legal action against you or us, you must let us know as soon as possible by emailing legal@sja.org.uk. Our insurers require us to have sole conduct of any claims brought against St John Ambulance.

(b) Witness statements: we and our Personnel do not routinely provide witness statements. If you wish to receive a supporting statement, please email legal@sja.org.uk so we can consider your request.

(c) Dispute resolution in the first instance: in the event of a dispute arising out of or in connection with the Agreement, including limitation, any question regarding its existence, validity or termination:

(i) we both agree to discuss the dispute in good faith and to seek to reach a resolution as soon as practicable;

(ii) if within 10 working days of the dispute arising a solution has not been reached, the matter will be escalated to senior management within our organisations who will seek in good faith to reach a solution as soon as practicable;

(iii) if within a further 10 working days of the dispute being referred in accordance with Clause 11.2(c)(ii) a solution has not been reached, the dispute will become the exclusive jurisdiction of the English courts.

11.3 Limitation of liability

(a) We do not exclude or limit liability for death or personal injury caused by our negligence or fraudulent misrepresentation but, subject to this and the requirements of the law, our liability to you in contract, tort or otherwise for any damage, loss, liability, costs or expenses suffered or incurred by you or any other person arising directly or indirectly out of our provision of the First Aid Cover under the Agreement or otherwise will be limited as follows:

(i) our liability for loss or damage to land or property belonging to you or any other person caused by an act or omission of our personnel, employees, agents or contractors will not exceed £[●];

(ii) our liability for all other loss or damage suffered by you in any 12 month period and caused by an act or omission of our personnel, our agents, employees or contractors will not exceed the total of the Agreed Price and (where applicable) any Additional Charges which are paid by you;

(iii) you agree that we will not be liable in any way for any loss of profits, nor will we be liable for any indirect, consequential or special loss or damage arising from our provision of the First Aid Cover or your benefit from the First Aid Cover;

(iv) we will not be liable for any delay or failure to comply with our obligations where the failure is caused by fire, flood, inclement weather, strikes, industrial action or any other reason or circumstances beyond our reasonable control; and

(v) we will not accept liability for any loss which you incur in relation to cancellation which could have been covered by event cancellation insurance.

(b) Unless the law provides otherwise (and except as a result of a breach by us of our obligations under this contract or our negligence or where we are otherwise liable at law for such damage, loss, liability or expenses) and without prejudice to our other rights and remedies, you will indemnify us against all or any of the following:

(i) any and all damage, loss, liability or expenses which we may suffer or incur as a result of a claim by a third party; and

(ii) all costs and expenses (including enquiry agents, debt collection agents and legal costs on a full indemnity basis) incurred or sustained by us in enforcing any terms of this contract.

12. How to end this contract

12.1 How to end our contract with you: this contract is valid for the period set out in Clause 3.2, but either of us can end the contract earlier in the following circumstances:

12.2 If we both agree in writing: where there is a mutual agreement that we should not provide First Aid Cover at your Event, this should be confirmed in writing between us.

12.3 In the event of insolvency or an equivalent financial event: where either of us suffers distress or execution or commits any act of bankruptcy or becomes insolvent, or enters into an arrangement or composition with any of our creditors or if a receiver or administrator is appointed over the whole or any part of our business or assets then, without prejudice to our other rights and remedies, we may each terminate this contract immediately upon sending written notice to the other person.

12.4 If you have not paid us on time: where you have not paid us within 20 working days of the date of the Invoice, we reserve the right to:

(a) decline to cover your Event until your account is settled with us; and (b) terminate the Agreement immediately upon sending you written notice.

12.5 If you do not have valid licences or appropriate insurance. If you have not met the licence:

Failure to comply with the requirements of this Clause 5.1(d) will entitle us to: (i) terminate the Agreement immediately upon providing written notice to you; and (ii) demand immediate payment of the Agreed Price and any Additional Charges owed to us under the Agreement (whether we have provided you with First Aid Cover or not);

12.5 Where we are unable to resolve an issue or breach of these terms within 20 working days: Whilst we each agree to try to resolve any dispute between us in accordance with Clause 11.2(c) (Dispute resolution in the first instance), either of us is able to terminate the Agreement immediately upon sending written notice to the other person if we have been unable to agree to a resolution within 20 working days of the dispute arising.

12.6 If you wish to reduce or cancel the First Aid Cover: You should inform the Regional Events Office in writing as soon as possible. Depending on how long before the Event notice is given, some or all of the Agreed Price and any Additional Charges may be payable, as follows:

(a) where written notice is given at least 15 working days in advance of the Event, no cancellation fee will apply;

(b) where written notice is given at least 10 working days (but less than 15 working days) in advance, 50% of the Agreed Price and any Applicable Charges will be payable;

(c) where written notice is given at least 5 working days (but less than 10 working days) in advance, 75% of the Agreed Price and any Applicable Charges will be payable; and

(d) where written notice is given less than 5 working days before the Event, 100% of the Agreed Price and any Additional Charges will be payable.

Notwithstanding the provisions set out in this Clause 12.6, no cancellation fee will apply where you cancel due to severe bad weather.

13. Other important terms

13.1 Authority to enter the Agreement: If you enter into the Agreement on behalf of another person, you warrant that you have the appropriate and necessary authority to enter into the Agreement on behalf that other person and to bind that other person to the terms of the Agreement.

13.2 We may transfer this agreement to another person: We may transfer, sub-contract, assign or novate all or any of our rights and obligations under the Agreement (in whole or in part) to another person without your consent. We will notify you to let you know if we plan to do this.

13.3 You need our consent to transfer your rights to another person: You may only transfer, sub-contract, assign or novate your rights and obligations under the Agreement to another person if we agree to this in writing.

13.4 No other person has any rights under this contract: A person who is not a party to this contract has no right to enforce any terms of the contract, other than any person or organisation to whom you give a guarantee or other security.

13.5 If a court finds part of this contract illegal, the remainder will continue in force: If any clause or part of the Agreement 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 the Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of the Agreement and this will not affect any other provisions of the Agreement which will remain in full force and effect.

13.6 Even if we delay in enforcing, or do not enforce, our rights, we still have the right to enforce them later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us from taking steps against you at a later date.

13.7 This is our entire agreement with you: These terms constitute the entire agreement between relating to the First Aid Cover. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

13.8 These terms are governed by English law: These terms are governed by the laws (and are to be interpreted in accordance with) the laws of England and Wales. The English and Welsh courts will have exclusive jurisdiction for any disputes arising out of this contract.

13.9 Our right to amend this document: We reserve the right to amend and update these terms and conditions periodically.