Pitch Hire Agreement
This is an agreement for the Hire of the Pitch.
In this Agreement, the following definitions apply:
Agreement: this Pitch Hire Agreement.
Business Day: a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business.
Commencement Date: means the date on which this Agreement is executed by both parties.
League Services: the services supplied by TTR to You under the Try Tag Rugby Terms & Conditions for the organisation of and right to participate in Try Tag Rugby league games, tournaments and friendlies including match results and team performance information on the TTR website.
Order: the application made by You for the supply of Pitch Hire through our Website (or otherwise by email or post).
Hire: the exclusive use of a Pitch for the purposes of playing Try Tag Rugby, whether for league games, tournaments, friendlies or other sessions organised by Us. The Hiring of a Pitch may be granted to all teams/clubs, whether initially registered as such or assembled by TTR from a number of individuals.
Pitch: the grounds and/or equipment and/or rooms to which You are provided access under this Agreement.
Team Organiser: the individual who registers a team and provides his/her contact details during the registration process on the Website and is responsible for all team payments under these Agreements.
Try Tag Rugby or TTR: means the local Try Tag Rugby contracting entity with which you are contracting for the Pitch Hire, as set out at Schedule 1 and “our”, “us” and “we” shall be construed accordingly.
Website: means the website operated by TTR at https://www.trytagrugby.com/.
You: the team/club who Hires the Pitch from TTR. You may also be the Team Organiser Hiring the Pitch on behalf of a whole or part of a team/club, or an individual player Hiring the Pitch on behalf of themselves to be included in a team/club. In all cases, the Pitch will only be Hired to teams/clubs. “Your” shall be construed accordingly.
In this Agreement, the following rules apply:
When certain words and phrases are used in this Agreement, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in either clause 1.1 above, or the clause of this Agreement where it is defined.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
A reference to a party includes its personal representatives, heirs, executors, administrators, successors or permitted assigns;
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
a reference to writing or written includes faxes and emails.
OUR PITCH HIRE TERMS
You acknowledge and agree to comply with the following terms:
When You submit an application to join one of our leagues either by phone, internet, verbally or by post which is accepted by us, You are forming a contract with us for the Hire of a Pitch, subject to this Agreement.
You are not permitted to sub-let, assign or transfer your rights under this Agreement in any circumstances.
We reserve the right to refuse any person entry to the Pitch, and to require them to leave.
On behalf of Your team You agree to a minimum of 10 sessions of Pitch Hire at a price set by Us and confirmed on our Website.
This is a binding agreement for a series of lets under which the fee for the Hiring of a Pitch for the whole series is payable whether Your club uses its sessions or not.
We require payment in full, as outlined in full on our Website and at clause 9 of the Agreement. Payment by instalments is only permissible with advance agreement from us.
We may offer auto-renewal for any continuing leagues, as published on the Website. Towards the end of the Term of this Agreement we may contact you to offer you the opportunity to renew this Agreement upon the payment of a deposit by a date which we will specify to you in writing. 2.7. This Agreement is in respect of the same sport/activity at the same location and Pitch as confirmed in Your booking. On occasion, alternative venues may be notified to You.
The interval between each hire must be not less than one day and not more than 14 days.
Each session is typically 40 minutes but please see individual league listings for specific timings. During Your session Your club/team and the opposing club/team will have exclusive use of the Pitch for practice, a friendly or a league fixture.
be present, or have a nominated representative present, at the Pitch throughout all sessions.;
make good to us the cost of any loss or damage caused to the Pitch during the sessions under this Agreement; and
ensure that the Pitch are left at the end of each session in a condition as close as is reasonably possible to that in which they were found.
You can contact us by telephoning 0203 137 2722 or by writing to us by email at email@example.com or by post to Try Tag Rugby Limited, 2B08 South Bank Technopark, 90 London Road, London, SE1 6LN, or as otherwise specified on our Website under the “contact” section.
ORDERING PITCH HIRE
You must be at least 14 years old to place an Order for the Hire of the Pitch.
Your Order constitutes an offer to us. Our acceptance of Your Order will take place when we write to You to accept it or when You receive a confirmatory registration message, at which point this Agreement will become legally binding on You and us, subject to a 14 day period in which You have the right to cancel any Order You make. Where an Order is made by an individual, confirmation of our acceptance of Your Order may be subject to, amongst other requirements, either creating a new team out of a number of individuals or allocating individuals to existing teams.
If Your Order is not accepted by us, we will inform You of this and will not charge You for Hire of the Pitch. This might be because of limits on our resources or because we have identified an error in the price or description of the Hire of the Pitch.
Each Order shall incorporate the Agreement and shall be a new and separate contract between You and TTR.
PROVIDING THE PITCH HIRE
When we will provide the Hire of the Pitch.
We will Hire the Pitch to You from the Commencement Date until we have completed the Hire. The estimated completion date for Hire of the Pitch is as outlined on our Website at the time of contracting, or until either You end the Agreement as described in clause 7 or we end the Agreement by written notice to You as described in clause 8.
We are not responsible for cancellations, delays and other circumstances outside our control. If the Hire of the Pitch is affected by circumstances outside our control then we will contact You as soon as practical to let You know and we will take steps to minimise the impact.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an event outside our reasonable control.
This means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, snow, drought, severe weather, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks; or failure in the inadequacy of the facilities (such as water logging, frozen pitch, floodlight failure).
If an event outside our control takes place that affects the performance of our obligations under the Agreement:
We will contact You as soon as reasonably possible to notify You; and
Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our control. Where the event outside our control affects our Hire of the Pitch to You, we will resume the Hire of the Pitch as soon as reasonably possible after the event outside our control is over.
YOUR RIGHTS TO END THE AGREEMENT
You can always terminate the Agreement before the Pitch has been Hired and paid for. You may contact us at any time to terminate the Agreements, but in some circumstances, we may charge you certain sums for doing so, as described below. To exercise the right to terminate, You must inform us of Your decision to cancel the Agreement with us by making a clear statement (e.g. a letter sent by post, or email). The easiest way to do this is to contact us using the contact details which are found in clause 3.1. You may use the following model cancellation form but You are not required to do so:
Model Cancelation Form
To: [name], [address]
E-mail address: [address]
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contracts for the provision of the following services*,
Ordered on(*) / accepted on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
What happens if You have good reason for terminating the Agreement. If You are terminating the Agreement for a reason set out at clause 7.2.1 to 7.2.5 below, the Agreement will terminate immediately and we will refund You in full, for any Hire of the Pitch which has not been properly provided. The relevant reasons are:
we have told You about an error in the price or description of the Hire of the Pitch You have Ordered and You do not wish to proceed;
the Hire of the Pitch will be significantly delayed because of events outside our control;
we suspend the Hire of the Pitch for technical reasons, or notify You are going to suspend them for technical reasons, in each case for a period of more than three weeks;
our material breach of the Agreement; or
any other legal right to terminate.
What happens if You terminate the Agreement without a good reason. Unless You have a right to terminate the Agreement immediately (see clause 7.2), the Agreement will not terminate until 30 days after the day on which You contact us. For example, if You tell us You want to terminate the Agreement on 4 February the Hire of the Pitch will stop on 3 March. If you terminate the Agreement under this clause 7.3, you will not be eligible for any refund or credits in respect of any Pitch Hire paid for but not received.
If You terminate the Agreement and payments are outstanding to us, the Team Organiser shall be liable for any such outstanding sums on behalf of the rest of the team.
OUR RIGHTS TO END THE AGREEMENT
We may terminate the Agreement if You breach it. We may terminate the Agreement and withdraw Your rights to the Hire of the Pitch at any time by writing to you if:
You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you in writing or orally that payment is due;
If you are a Team Organiser, You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to Hire the Pitch, for example, details of players to be registered in Your club/team;
You abuse or insult TTR Staff, referees, volunteers or other players, whether in person and/or in writing, such as on social media channels and in correspondence; or You act against the interests of TTR, for example by recruiting, or attempting to, for rival organisations or businesses at our leagues and venues.
You may be required to reasonably compensate us if you breach the Agreement and the circumstances outlined at clause 8.1.1-8.1.3 above apply. If we terminate the Agreement in the situations set out in clause 8.1 we will refund any money you have paid in advance any Hire of the Pitch which we have not provided. However, we may deduct or charge you reasonable compensation for the costs we incur as a result of You breaching the Agreement. No refund will be provided when the Agreement is brought to end under circumstances outlined at clause 8.1.1-8.1.3 (inclusive).
PRICE AND PAYMENT
Where to find the price for the Hire of the Pitch. The price of the Hire of the Pitch will be the price set out on our Website, in force at the date of Your Order unless we have agreed another price in writing. We use our best efforts to ensure that the prices of the Hire of the Pitch advised to You are correct. However please see clause 9.2 for what happens if we discover an error in the price of the Hire of the Pitch You order. Prices quoted on the Website show the total price payable under both the Pitch Hire Agreement and for the League Services.
What happens if we got the price wrong. It is always possible that, despite our best efforts, the Hire of the Pitch may be incorrectly priced. We will normally check prices before accepting Your Order so that, where the Hire of the Pitch’s correct price at Your Order date is less than our stated price at Your Order date, we will charge the lower amount. If the Hire of the Pitch’s correct price at Your Order date is higher than the price stated in Our price list, we will contact You for Your instructions before we accept Your Order.
If Your payment is not authorised by our payment processor, Your Order will not be fulfilled.
When You must pay and how You must pay. We accept payment with online payment, bank transfer, cash, or over the telephone. The full cleared payment is due before either the second or third rounds of the competition league You have signed up for, as set out in the description of the Hire of the Pitch on our Website.
We can charge interest if You pay late. If You do not make any payment to us by the due date (see clause 9.4) we may charge interest to You on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if You think an invoice is wrong. If You think an invoice is wrong please contact us promptly to let us know and we will not charge You interest until we have resolved the issue.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Nothing in this Agreement excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and
any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
We are responsible to You for foreseeable loss and damage caused by us in breach of the Agreement. If we fail to comply with these terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaching the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and You knew it might happen, for example, if You discussed it with us during the registration process.
We are not liable for business losses. We only supply the Hire of the Pitch for private, non-commercial purposes. You may not use the Hire of the Pitch for any commercial, business or re-sale purpose.
We are not liable for lost or stolen belongings at the Pitch. You are responsible for Your own belongings that You take to the Pitch.
Without prejudice to the generality of the above, our liability for all losses caused by a breach or tort giving rise to a claim shall be limited to damages of three (3) times the total amount paid by You pursuant to the Agreement and in connection with the Hire of the Pitch, and which both You and we have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
For the avoidance of doubt, Your ability to recover losses from us under this Agreement is limited to our breach of this Agreement, and not under any other Agreement between us.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use Your personal information. We will use the personal information You provide to us to:
provide the Hire of the Pitch;
process Your payment for the Hire of the Pitch; and
if You agreed to this during the Order process, to inform You about similar products that we provide, but You may stop receiving these communications at any time by contacting us.
You have the right to withdraw the consent You have given at any time by contacting us at the contact details specified at clause 3.1. This will not affect the lawfulness of any processing carried out by us before you withdraw your consent.
We will only give Your personal information to other third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer the Agreement to someone else. We may transfer or assign our rights and obligations under the Agreement to another person, entity or organisation. You may not without our prior written consent transfer or assign Your rights and obligations under the Agreement to any other person or organisation.
Nobody else has any rights under the Agreement. The Agreement is between You and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing the Agreement, we can still enforce the Agreement later. A waiver of any right or remedy under the Agreement or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. For example, if You miss a payment and we do not chase You but we continue to Hire of the Pitch to You, we can still require You to make the payment at a later date.
Which laws apply to the Agreement and where You may bring legal proceedings. The Agreement is governed by English law and You can bring legal proceedings in respect of the Hire of the Pitch in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Hire of the Pitch in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Hire of the Pitch in either the Northern Irish or the English courts. If You live in Wales, You can bring legal proceedings in respect of the Hire of the Pitch in the courts of England and Wales.
For as long as the United Kingdom remains a member state of the European Union, if You live in another European Union member state You can bring legal proceedings in respect of the Agreement in either the English courts or the courts of that member state.
If You wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or email.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.8.1; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
No partnership or agency. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Variation. Except as set out in our Agreement, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by TTR.
Entire agreement. This Agreement constitutes the entire agreement between You and us in relation to its subject matter. It replaces and extinguishes all prior agreements, collateral warranties, collateral contracts, statements, representations and undertakings made by or on behalf of the parties, whether oral or written, in relation to that subject matter. Both You and we acknowledge that in entering into the Agreement we have not relied upon any collateral warranties, collateral contracts, statements, representations or undertakings, whether oral or written, which were made by or on behalf of the other party in relation to the subject-matter of the Agreement (together Pre-Contractual Statements) and which are not set out in the Agreement. Both You and we hereby waive all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements. Nothing in this clause shall exclude or restrict the liability of either party arising out of the other party’s pre-contract fraudulent misrepresentation or fraudulent concealment.
SCHEDULE 1 – TRY TAG RUGBY CONTRACTING ENTITIES
The table below sets out which Try Tag Rugby entity You are contracting with, which is contingent on the area of the UK in which the Hire of the Pitch is provided.
|Area of UK in which the Hire of the Pitch is provided||Contracting TTR entity||Company number||Country of registration||Registered Address|
|Bristol||HHC RUGBY LTD||11300809||England and Wales|| Flat 3, 46 Archfield Road, Bristol, United Kingdom, BS6 6BQ
|Coventry & Warwickshire||PERKINS AND ROBINSON SPORTS LTD||11282869||England and Wales|| 28 Cole Court, Coventry, United Kingdom, CV6 1PY
|London||Try Tag Rugby Limited||06995846||England and Wales|| 8 Ayres Court, 74 New Church Rd, SE5 7FA, London
|Manchester and Yorkshire||Try Tag Rugby Yorkshire Ltd||09447107|| England and Wales|| 8 Benton Park Drive, Rawdon, Leeds, England, LS19 6AN
|Thames Valley||Try Social Sports||11943074||England and Wales|| 115 Hallywell Crescent, Beckton, London, E65YE
|Wigan|| Try Tag Rugby Wigan Ltd||11935741||England and Wales|| 10 Slaidburn Close, Hawkley Hall, Wigan. WN3 5PX