Terms & Policies
Your contract is made with TrailMed Ltd. In these terms and conditions 'We', 'Our', 'Us' refers to TrailMed Ltd and 'You', 'Your' refers to the party contracting with TrailMed Ltd. During the continuance of the Agreement into which these terms and conditions are incorporated (the 'Agreement'), We shall supply our services and You shall purchase the same subject to these terms and conditions. Definitions in the Agreement shall also apply in these terms and conditions.
Orders / Acceptance to cover public events
All orders for Us to provide services at Your event ('the event') must be placed by You in writing either by post or e- mail.
The issue by Us of a quotation is not a binding offer and We will only assume contractual liability once We have accepted in writing and booking deposit is paid as directed.
Our charges are as set out in an individualised quote, which forms part of these terms and conditions.
If an event continues beyond this finish time, the relevant excess duty charges shall apply, which will be calculated by the duty director. Where the finish time exceeds that of the stated time on the written request for medical cover, excess duty charges will become payable.
All payments for services provided by TrailMed Ltd must be paid within 14 days upon completion of your event. For late payment of outstanding amount a levy in terms of the Late Payment Act will be charged against the debt of 10% per day above prime overdraft rate retrospectively from the first date. If handed over for collection the debtor understands that they will be liable for all legal and collection costs. Every contract to which these conditions apply shall be construed and operate as an English contract and in accordance with English Law and all disputes shall be submitted to the jurisdiction of the English Courts.
Either party may cancel TrailMed Ltd services without penalty up to 30 days in advance of the event date. Subsequent to that date, if you cancel, you agree to pay a 50 % cancellation fee, up to 14 days prior to the event and 75 % cancellation fee & within 7 days of the event full fee payable. There will be no penalty if the event is cancelled due to bad weather or conditions that make you postpone your event on the understanding that you book our services for the rearranged date.
As the organizer of the event You retain full responsibility for ensuring that a satisfactory risk assessment has been carried out for the event.
You must ensure that an area for the treatment of patients is clearly defined. A dry, covered, clean area must be provided either by You or by Us (at Your cost).
You must ensure that We have free and clear access and egress to and from the site of the event for Our personnel and vehicles.
You must ensure that any additional medical personnel at the event are made known to Our personnel before the commencement of the event with an established Chief Medical officer agreed.
You must adhere to any request to stop the event whilst medical treatment takes place.
Your event staff should be made aware of where the first aid post, personnel and / or ambulances are located, to assist any requests from participants or spectators.
Should the event be of such a size that You are using maps, plans and or radio equipment, Our personnel should be provided with them. It is Your responsibility to ensure an appropriate system/route of communication is made known to Us.
You are responsible for ensuring that all necessary licenses to operate the event have been obtained and for compliance with all conditions associated with such licences and in respect of all relevant legislation, regulations or similar. Failure to comply with the requirements of this clause may be treated by Us as a fundamental breach of this Agreement, in which case We shall be entitled to immediately withdraw our services from the event. This will not affect Our right to be paid for Our services (whether performed or not).
Our Responsibilities (and limitations to the same)
We will provide medical services at the event in a manner commensurate with best practice. These services are provided subject to the following limitations.
We may carry out Our own risk assessments, but these are for Our own purposes. You remain fully responsible for Your event (see Your responsibilities above).
Our duty officer at the event shall conduct the deployment of Our personnel. They are responsible for the health and safety of Our staff and have a legal obligation under the Health and Safety at Work Act.
It may be necessary for Our personnel to leave the event, 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 medical cover.
In view of the circumstances specified earlier in this Clause, You are advised to arrange appropriate 'Event Cancellation' insurance. We will not accept liability for any loss which you incur in relation to cancellation which could have been covered by such insurance.
Neither We nor Our personnel shall be liable under any circumstances, for any damage to land or property in the event of access being required to a casualty or to allow egress from a site.
Subject to the clause below, neither We nor Our personnel shall have any liability to You or any third party, for any loss, expense or damage of any nature, suffered or occurred arising from any breach of any condition of the Agreement or any negligence or any breach of statutory or other duty or in any other way in connection with performance or purported performance of or failure to perform the Agreement.
Nothing in this Agreement shall be taken to exclude liability for death or personal injury resulting from Our (or Our personnel's) negligence.
We shall not be liable for any failure in performance of any of Our obligations under the Agreement caused by factors outside of Our control (including but not limited to fire, storm, flood etc.)
Information Provided to and by TrailMed Ltd
If, in Our opinion, a suitable level of cover cannot be agreed, or Your event appears to put Our staff at unacceptable risk of injury, illness or professional liability, We reserve the right not to proceed with Our services. However, it remains Your sole responsibility as the body organizing the event to ensure that the level of cover requested complies with all statutory regulations and requirements laid down by any governing body relating to such event.
Acceptance of all events (and the fees quoted) for the provision of resources is made on the understanding that the details of the event submitted to Us are accurate and correct. If We are notified of changes to these details, such as levels of resources, duration, time or location of event, We reserve the right to revise Our fees, or to reconsider Our acceptance of the event. If upon arrival at the event, the duty officer in attendance considers the event to be larger or of a higher risk than stated on the booking form or subsequent correspondence, We reserve the right to withdraw our services from the event. In such circumstances all reasonable effort shall be made to advise the contact name on the booking form of the reasons for withdrawal. Should it be necessary at this stage to withdraw from the event, full charges will apply for the resources provided, and We accept no liability for any loss you may incur due to the termination of the event in such circumstances.
With regard to details of persons treated by TrailMed Ltd personnel, personal information will only be provided upon a request by legal representation and / or by written consent of the individual concerned, all subject at all times to the Data Protection Act 1998.
Any complaints or disagreements regarding Our services or Our personnel should be taken up with the TrailMed Ltd Duty Officer at the event. If the issue cannot be resolved, all complaints must be made in writing to Our office.
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).
If You are subject to the Freedom of Information Act 2000, then You agree that before disclosing any information about Us, You will consult with Us in order to consider if any exemption to disclosure may be applied.
Each party confirms that it owns or has all necessary rights in the use of all intellectual property in relation to the services which are the subject of the Agreement (and the related catalogues/literature) and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with the originating party, unless otherwise agreed in writing between the authorized representatives of each party.
If any clause or part of this Contract 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 this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Contract and this will not affect any other provisions of this Contract which will remain in full force and effect.
The parties to this Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
No failure or delay by either party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same or of some other right, power or remedy.
The Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that the Agreement is varied in the manner specified.
The Agreement into which these terms and conditions are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Agreement. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
Nothing in the Agreement or any arrangement contemplated by it shall constitute either party a partner of the other nor shall the execution, completion and implementation of the Agreement confer on any party any power to bind or impose any obligations to any third parties on the other party or to pledge the credit of the other party.
English Law and Jurisdiction of English Courts
The Agreement shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English Courts.