Professional Documents
Culture Documents
And
Internation
BETWEEN
(1) East Sports Equipment Articles and Services LLC (“ESM”), a limited liability company
incorporated under the laws of the Emirate of Dubai, United Arab Emirates (UAE) of
PO Box 15935, Office 315/316, Apex Atrium Building, Motor City, Dubai, United Arab
Emirates, (hereinafter referred to as the “ESM”); and
Whereas,
(A) ESM is a leading sports management and coaching company with an exclusive
agreement with the venue(s) (as defined below) owner(s) to manage and operate the
non-curricular sport programmes at the venues.
(B) The Community User has agreed to enter into this Agreement with ESM to use the
sports facilities for non-commercial use as per this Agreement.
Now therefore, the parties have agreed to enter into the agreement subject to the
terms and conditions stated below.
a. ESM shall provide the space(s) set out below (“Space”) to the Community User and its
Guests (defined in clause 3.3 below) at the dates and times set out below (“Hire
Period”), for the sole purpose of;
(i) One (1) Medium Sports Hall (the ‘Space’) for Adult Badminton private use
(the “Use”)
b. The Community Use shall exclusively include: Use of (1) Medium Sports Hall ONLY at
the below schedule.
(ii) Use of the parking facilities located outside TAALEEM Jumeirah Baccalaureate School,
Al Wasl Dubai, UAE
c. For the avoidance of doubt, the Community User shall be responsible for all licences /
permits, logistics, costs and expenses associated with the provision of anything not
listed in clause 1(b) above, including, without limitation, equipment, supplies,
services and personnel.
d. The booking will only be considered final once the Fees set out in clause 2(a) below
have been received in full by ESM in accordance with clause 2(b) below.
e. The Community User must provide to ESM a copy of its current Emirates ID prior to
commencement of this agreement.
f. Either party reserves the rights to unilaterally terminate this Agreement at any point
before the booking is finalized, by written notice to the other party.
a. The Community User shall pay East Sports Equipment Articles and Services LLC the
following fees (“Fees”):
b. The Community User shall pay the above amounts in accordance with the payment
instructions below without deduction or offset.
c. Taxes: All sums payable under this Agreement (including the Fees) are exclusive of
VAT or any other tax or duties, which, where applicable shall be payable in addition on
those sums on delivery of a VAT invoice.
Without prejudice to any of its other obligations set out in this Agreement, the
Community User shall:
3.1 Abide by the Rules below. Any breakage of below rules may lead to termination of
contract without refund and/or a fine of up to AED 1,000 per violation.
3.2 The Community User shall not use the School for any purposes forbidden by the laws
3.3 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 the School may, at its sole discretion, deduct such costs from the
Security Deposit, the Community User shall pay the School for any such damages not
covered by the Security Deposit immediately upon the School’s request);
3.4 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;
3.5 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 the School and remove all of its property from the School
premises and otherwise ensure the premises is fully vacated to the School’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 the School’s
satisfaction within [1 hour] after the end of the Hire Period, the School 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;
and
3.6 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 the School: (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 School may, at its sole discretion, deduct such costs from
the Security Deposit, the Community User shall pay the School for any such costs that
are not covered by the Security Deposit immediately upon the School’s request).
3.7 The First Party will ensure that the School’s facilities are regularly maintained to avoid
any disruption to the Second Party. However, the First Party will not be held
responsible to the Second Party should the School’s facilities not be available due to
circumstances beyond the control of the First Party, 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 the Second Party’s negligence.
3.8 The Second Party agrees that should there be a pre-arranged school event, then this
event will take priority. The First Party will use best endeavours to inform the Second
Seek the School’s prior written consent before marketing or communicating to the public
information about an organised event at the School.
4 Termination
4.1 Either party may terminate this Agreement forthwith by notice in writing if the other
party commits a breach of this Agreement which is not remedied by the other party
within 7 days of receipt of the notice identifying the breach and requiring its remedy.
4.2 Both parties reserve the right at any time and by giving 30 days’ written notice to the
other party to terminate this Agreement. If the Agreement is terminated under this
clause 4.1, the Community User shall pay ESM the amounts due as at the date of
termination, within 30 days of the ESM notice. For the avoidance of doubt, 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.
5 Miscellaneous
5.1 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 removal or
destruction of property as a result of the Community User’s breach of clause 3.5
above.
5.3 Play area availability. ESM will make sure that the playing area will be fully ready and
clean for use from the beginning of the hire period and there will no obstructions in
the play area.
5.4 Unavailable session. School reserves the right to cancel Community User activities if
it is required for other school activities. Adequate prior notice will be given where
5.5 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.
5.7 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.
5.8 Third party rights. Save as expressly set out in this Agreement, a person who is not a
Party shall have no right to enforce any of its terms.
5.9 Assignment. Neither Party shall assign or transfer its rights under this Agreement in
whole or in part to any third Party without the prior written consent of the other
party.
5.10 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.
5.11 Variation. No variation of this Agreement shall be effective unless in writing and
signed by each of the Parties.
5.12 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.
5.13 Notices. Any notice, claim or demand in connection with this Agreement shall be
given in writing to the relevant Party at the address stated in this Agreement (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.
5.15 Counterparts. This Agreement may be executed in two counterparts, each of which
shall be deemed an original and kept with a party, but both of which taken together
constitute one and the same instrument.
IN WITNESS whereof this Agreement has been duly executed by the parties or their duly
authorised representatives.
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1. The Community User shall ensure that Guests adhere to the School’s parking
regulations.
2. The Community User must seek advance written permission from ESM for
refreshments, foodstuffs or any kind of merchandise activities of any description.
3. The Community User must seek advance written permission from the ESM for using
any third party contractors on the School premises.
4. No items may be affixed to any surface unless they can be removed leaving no sticky
residue or damage. Blue tack is recommended. No masking tape or sticky tape is to
be used. All signage is to be removed by the Community User at the end of each date
of hire.
5. None of the School’s equipment may be used without the prior written permission of
the School unless specified in this Agreement. No third-party personnel will be
allowed to operate any School equipment without the prior approval of the School.
7. The Community User shall ensure that the Community Use does not interfere with
the normal activities of the School or disrupt such activities in any way.
8. The School is strictly a non-smoking environment. The Community User shall not, and
shall ensure that the Guests or any third party present at the School shall not, use,
carry, consume, sell or otherwise provide any types of tobacco or alcoholic beverages
at the School at all times.
9. The Community User shall ensure that it, its Guests and any third party present at the
School, abide by any and all applicable regulations and local customs.
10. The Community User may not use or store any dangerous, combustible, or explosive
materials in the School and must comply with the directions of the School and any
rules relating to its use.
11. Potential tripping hazards must be avoided e.g. temporary electrical wires etc.
12. Open fire, torches, glass lanterns, smoke machines, combustible material and
explosives, pyrotechnics, etc. are strictly forbidden on the School premises.
14. The Community User must be aware of and follow the School’s fire prevention
measures, procedures and systems.
15. Cancelling a booking: The Community User must give 48 + hours’ notice by e-mailing
ESM. ESM will then reply to the Community User to inform that the booking has been
cancelled. If the Community User cancel later than 48 hours before their slot, the full
charge will still apply.
16. Clothing/Footwear: Correct sports footwear should be worn at all times. Non-
marking sports trainers should be worn. Studded footwear is not permitted for use
on any Astroturf/ Artificial pitches or in sports halls. Ladies are reminded to dress
respectfully in correct sports attire.
17. Storage of Equipment: The Community User must not store equipment inside or
immediately outside the School premises unless organised with ESM. ESM takes no
responsibility for any damage/loss of equipment stored at the School premises.
18. Fixed Equipment: The Community User is able to use the Fixed Equipment for the
activity that they are at the facility to play. This includes Fixed Basketball Nets,
Football Goals, Volleyball Nets and Tennis Nets. The School does not accept any
responsibility for any individual who sustains injury from use of fixed equipment.
19. Purpose of Booking: The Community User shall use the facilities for the purpose
described in the Agreement and refrain from using the facilities for any other
purposes whatsoever. In the event this clause is breached, the School reserves the
right to terminate the Agreement. This extends to using alternative sports facilities
which are not disclosed in the Agreement and/or using facilities for purposes other
than sport, (e.g. social gatherings, services of worship)
20. Children: Child spectators are not permitted during evening /weekend sessions
unless they are constantly supervised on a 1 adult to 1 child ratio. The School
reserves the right to ask any unattended children and their parents/guardian to leave
immediately if this policy is not adhered to.
21. Pets/Animals: Pets or animals of any kind are not permitted on any sites. Guide Dogs
/ Seeing Eye Dogs and animals needed for medical purposes can be admitted with
prior consent only.
22. Food/Drink: The Community User can bring water and sports drinks only. Food and
hot drinks of any kind are not permitted in the Sports Halls, Dance Studio, Astroturf,
Classrooms etc. However there are facilities that can be arranged for food but you
must inform the School if this is wanted. Anyone caught eating in the Sports Halls,
23. Damage to School Facility: The Community User must report any damage to the
School facility to the facility manager and security immediately upon its occurrence.