Pitch Hire Agreement

This is an agreement for the hire of sports facilities between Football Mundial Limited (“FML”, We, Us) and the club and its members you represent (“Your Club”) and any persons who are invited by Your Club to use these facilities (“Participants”). This agreement does not affect your statutory rights. Any reference to “Our” relates to FML and any reference to “Your” relates to Your Club. Any reference to the masculine includes the feminine.

1. YOU, YOUR CLUB AND YOUR RESPONSIBILITIES

1.1 You confirm that you are duly authorised to enter into this agreement on behalf of Your Club and you are the manager and a member of Your Club and you also accept personal legal responsibility for any failure of any member of Your Club and/or Participants to comply with it, in particular the payment of sums due under this agreement.
1.2 You confirm that your contact details are correct and that you will give notice in writing if they change and that hereafter any communication to Your Club may be made through the email address and/or telephone number that you have provided and that if any notice is sent to this email address and/or a text message and/or voice or other message sent to this telephone number it will be deemed to have been received by Your Club (even if it has not been received) as follows:
1.2.1 on the day it was sent if sent before 6.00pm; or
1.2.1 on the following day if sent after 6.00pm.
1.3 You agree that any credit or debit card details given by you in order to pay for any pitch hires under this agreement can be stored by Us so that any payments due under this agreement which have not been paid by Your Club can be charged to that credit or debit card.
1.4 You and your fellow Club members must take out their own insurance to cover any accidents or injuries which occur while playing in the leagues as We do NOT provide any insurance for any accident or injury which may occur. You agree that you will inform the members of Your Club and Participants of this before allowing them to use pitch hired under this agreement.
1.5 You agree that you will provide to each member of Your Club and Participants a copy of this agreement and ensure that they have read, understood and agreed to its terms.

2.WHAT WE PROVIDE

2.1 In return for you making the required payment under this agreement, We will provide a minimum of 10 individual pitch hires to Your Club. The charge per session together with the times, duration and location of these pitch hires will be notified to you in a confirmation email (“Your Confirmation Email”).
2.2 Each pitch hire period is for the purpose of playing football at the same location. Moving venues or pitch location mid-series is not permitted.
2.3 This is a binding agreement for a series of at least 10 pitch hires under which the pitch hire fee for the whole series is payable whether Your Club uses its sessions of pitch hire or not.
2.4 Payment in full in advance is preferred, though payment by regular instalments prior to each pitch hire within the series of 10 or more pitch hires is acceptable.
2.5 The interval between each pitch hire shall not be less than one day and no more than 14 days.
2.6 During each pitch hire Your Club will have exclusive use of the pitch and it is not obliged to share its use of the pitch although Your Club may invite others to do so, including a referee.
2.7 After you receive the details of the rate, times, duration, venue and pitch location of these pitch hires in Your Confirmation Email, you may either:
2.7.1 reply confirming that you wish to proceed or you can simply turn up to play. In either case, by doing so, you agree to be bound by the full terms and conditions of this agreement and Your Confirmation Email; or
2.7.2 If You or Your Club does not wish to proceed with this agreement you have the right to cancel this agreement by requesting a cancellation form or by simply replying to Your Confirmation Email stating that you wish to cancel but only in both cases if you do so 7 days before your first pitch hire. No other form of notice will be accepted by Us.
If you fail both to cancel and turn up to play you agree to be bound by the full terms and conditions of this agreement and Your Confirmation Email and will be liable to make the payments as set out in Your Confirmation Email.
2.8 To facilitate regular on-going hire, We will send you, as duly authorised representative of Your Club, a further hire agreement of at least 10 weeks towards the expiry of this series. If Your Club does not wish to enter that agreement, please inform Us. You must provide two weeks’ notice prior to the commencement of a series to terminate it. Otherwise Your Club will automatically enter into the further hire agreement that We have sent to You.

3. HEALTH & SAFETY

3.1 All pitch users under this agreement understand that these facilities are provided for contact sports which contain an element of risk of injury, loss and damage to the person participating.
3.2 We take care to select suitable and safe venues but all pitch users agree and understand that We do not own or have exclusive occupation of premises used for Your Club’s matches (other than the pitches) and have little or no control in respect of persons admitted to premises (including adjacent sports pitches and surrounding perimeters) during play and have little or no control as to how premises are used and left before and / or after play.
3.3 You, as Club Manager, are responsible for ensuring that you do not allow Your Club members and/or Participants to start using the pitch unless and until satisfied that the surface and other conditions are safe for the activity in question having due regard to the characteristics of Your Club members and Participants.

4. LIABILITY/BREACH

4.1 We shall provide Our services under this agreement with reasonable skill and care and to a reasonable standard.
4.2 In so far as We are in breach of the agreement and the breach is capable of remedy, upon notice being given to Us by Your Club, We will use our reasonable efforts to provide a solution mutually acceptable to Us and Your Club.
4.3 Notwithstanding the above, in the event of Us:
4.3.1 breaching the agreement or committing any tort, including the negligence or negligent misstatement of our servant or agents; and / or
4.3.2 being in any breach of any statutory or common law duty of care;
We will have no liability to pitch users under this agreement save that We will indemnify them in respect of any death or personal injury caused thereby and in respect of which no limitation or exclusion is intended.
4.4 Without prejudice to the generality of the above, in no event shall We be liable for:
4.4.1 any damage to property whether arising directly or indirectly from any breach or tort;
4.4.2 loss of income, or profit, revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort;
4.4.3 loss or damage;
4.4.4 any indemnity in respect of the items listed directly above.
4.5 Without prejudice to the generality of the above, Our liability for all the losses caused by a breach or tort giving rise to a claim shall be limited to damages of 3 times the total amount paid by Your Club to Us under to this agreement in the season in respect of which the breach or tort shall occur, and which both We and the pitch users under this agreement have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.

5. OTHER TERMS

5.1 We may subcontract the performance of any of Our obligations under this agreement to any person without notice. Where We do subcontract Our obligations under this agreement We shall not be responsible for any act or omission of the sub-contractor.
5.2 This agreement shall not otherwise be assignable by Your Club without Our prior written consent. We may assign this agreement to any person.
5.3 We shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of Our obligations where the same is occasioned by any cause whatsoever that is beyond Our reasonable control including but not limited to an Act of God, war, civil disturbance, un-preventable flood, failure or neglect on the part of any utility supplying electricity, gas or water, the unavailability of or the prevention of access to premises, governmental regulations, prohibitions or enactments of any kind, strike, lock-out or trade dispute (whether involving Our own employees or those or any other person), difficulties in obtaining staff or materials, breakdown of machinery, fire or accident or loss of premises. Should any such event occur We may cancel or suspend this agreement without incurring any liability for any loss or damages thereby occasioned.
5.4 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
5.5 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
5.4 This agreement shall be governed by English Law and shall be subject to the sole jurisdiction of the English Courts.