1 OBLIGATIONS OF THE COMMUNITY USER
1.1 Abide by the Rules below. Any breakage of below rules will lead to a fine of up to AED 1,000 and may lead to termination of contract without refund.
- Adult use only; no unattended minors or facilitation of programmes for under 18
- No smoking, food or beverage is permitted in any of the sports facilities
- Littering will be fined-please ensure everyone cleans up before they leave
- No studded boots on the AstroTurf
- No equipment is included in the rental-do not attempt to use school equipment
1.2 The Community User shall not use the School for any purposes forbidden by the laws of the United Arab Emirates and shall procure its compliance with applicable laws and regulations at all times for the duration of the Community Use;
1.3 The community user shall be solely responsible for the cost of any damage to School property (including, for the avoidance of doubt, both real property and chattels), whether caused by (i) the Community User or (ii) persons using the School premises at the request or invitation of the Community User and/or otherwise in connection with the Community Use ("Guests") (While ESM may, at its sole discretion, deduct such costs from the Security Deposit, the Community User shall pay ESM for any such damages not covered by the Security Deposit immediately upon the ESM's request);
1.4 The community user shall be solely responsible for supervising all Guests. The Community User must take particular care to ensure proper and adequate supervision of children to avoid accident, injury, loss or damage.
1.5 The community user shall not enter the School premises or place any equipment or other property on the School premises before the commencement of the Hire Period without the prior written consent of ESM and remove all of its property from the School premises and otherwise ensure the premises is fully vacated to ESM's satisfaction by the conclusion of the Hire Period. If the Community User fails to strictly abide by this clause 3.5, it shall incur the Overtime Charges. In addition, if the premises is not fully vacated to ESM's satisfaction within [1 hour] after the end of the Hire Period, ESM may, at its sole discretion, do what it deems necessary to fully vacate the premises (including, but not limited to, removal or destruction of the Community User's or its Guests' property), and deduct any costs relating to such removal from the Security Deposit.
1.6 The community user shall leave the School clean and tidy and in the same excellent condition it was in prior to such use. Failure to do so may result in ESM: (a) barring the Community User from future use of the School, and (b) deducting the costs of cleaning and otherwise returning the School to the condition it was in before such use began from the Security Deposit (While the ESM may, at its sole discretion, deduct such costs from the Security Deposit, the Community User shall pay ESM for any such costs that are not covered by the Security Deposit immediately upon the ESM's request).
1.7 ESM will ensure that the School's facilities are regularly maintained to avoid any disruption to the Community User. However, ESM will not be held responsible to the Community User should the School's facilities not be available due to circumstances beyond the control of ESM, such situations to include but not be limited to, power shut downs, emergency closure of any school and loss of use of facility due to Community Users negligence.
1.8 The Community User agrees that should there be a pre-arranged school event, then this event will take priority. ESM will use best endeavours to inform the Community User of such pre-arranged school events at the start of each term, failing which in 7 days' notice of the event, in which case ESM will work together with the Community User to make suitable alternate arrangements.
1.9 The Community User must seek ESM's prior written consent before marketing or communicating to the public information about an organised event at the School.
2.1 ESM may terminate this Agreement forthwith by notice in writing if the Community User commits a breach of this Agreement which is not remedied by the Community User within 7 days of receipt of the notice identifying the breach and requiring its remedy.
2.2 ESM reserves the right at any time and by giving 7 days' written notice to the Community User to terminate this Agreement. If the Agreement is terminated under this clause 2.2, For the avoidance of doubt, ESM or the school shall not, upon any termination of this Agreement howsoever arising, be liable to the Community User for any loss of profit, loss of contracts or other losses and/or expenses.
3.1 Indemnity. The Community User shall to the fullest extent permitted by law, indemnify, defend and hold harmless ESM, the school and its officers, directors, shareholders, partners, agents, members and employees from and against any and all of its or of third parties' expenses, demands, claims, damages to persons or property, losses and liabilities (including attorneys' fees) that arise in connection with the Community Use, including, without limitation: (a) death or injury to Guests for any reason and (b) any expenses, demands, claims, damages to persons or property, losses and liabilities (including attorneys' fees) resulting from ESM's removal or destruction of property as a result of the Community User's breach of clause 3.5 above.
3.2 Maintenance. A reasonable level of maintenance and cleanliness will be upheld at the facility by ESM.
3.3 Play area availability. ESM will make sure that the playing area will be fully ready for use from the beginning of the hire period and there will no obstructions in the play area.
3.4 Unavailable session. ESM reserves the right to cancel the Community Users activities if it is required for other school activities. Adequate notice will be given where possible. If the facility is not available for use for a session the Community User has hired it, the pro-rated amount for that session will be deducted from the quarterly payment.
3.5 Force majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing under this Agreement (other than for delay in the payment of money due and payable hereunder) if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, damage to the School premises, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
3.6 No agency or partnership. This Agreement does not constitute an agency, partnership joint venture or other similar relationship between the parties.
3.7 Waiver. No failure or delay by a party in exercising any of its rights under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other further exercise of such rights.
3.8 Third party rights. Save as expressly set out above, a person who is not a the community user shall have no right to enforce any of these terms.
3.9 Assignment. The Community User has no rights to assign or transfer this Agreement in whole or in part to any third party without the prior written consent of ESM.
3.10 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior and written agreements, understandings and arrangements between the parties relating to the subject matter of the Agreement.
3.11 Variation. No variation of this Agreement shall be effective unless in writing and signed by ESM.
3.12 Severability. If any provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law or otherwise, such provision (or part) shall to that extent be deemed not to form part of this letter but the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
3.13 Notices. Any notice, claim or demand in connection with this Agreement shall be given in writing to the relevant party at the e-mail address provided (or such other address as it shall subsequently have notified to the other party in writing). Any notice sent by fax shall be deemed received when sent, any notice sent by hand shall be deemed received when delivered and any notice sent by post shall be deemed received five (5) days after posting.
3.14 Governing law and dispute resolution. The Agreement shall be governed by and construed in all respects in accordance with the laws of the UAE. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, any dispute or difference between ESM and the Community User which arises in connection with this Agreement shall be submitted to the exclusive jurisdiction of the UAE.
Every effort has been made to ensure information in this website is accurate and up to date however ESM cannot guarantee the information is always 100% correct. ESM reserves the right to amend this information at any time.
ESM will collect any personal information (including credit card details) in accordance with the Data Protection Act 1998. ESM undertakes not to intentionally disclose personal information to third parties without the relevant individuals’ consent unless obliged to do so in accordance with the Data Protection Act 1998 and/or any other federal or local laws. We protect your personal information using technical security measures (such as firewalls and data encryption) to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, however, the internet is not a safe medium and although appropriate security measures are in place, ESM cannot therefore accept any liability for such loss, misuse, unauthorized access, disclosure and alterations of information. ESM reserves the right to use customer information for marketing purposes unless specifically instructed otherwise by the customer.
6 REFUND POLICY
ESM requires a request for cancellation to be sent in writing no less than 48 hours before the start date of the booking in order to receive a 100% refund. Should ESM receive the request for refund with less than 48 hours notice then no refund will be issued.