Hire of Facilities - Terms and Conditions

1 Interpretation

1.1 The following definitions apply:

Agreement: The agreement (comprising the Lettings Request form and these Terms of

Lettings) under which You hire the Facilities.

Event Outside Our Control: has the meaning given in clause 8.

Facilities: the facilities to be hired as set out in the Hire of Facilities Application Form,

including any of Our equipment used, or to be used, in connection with the Facilities.

Facilities Hire: the provision of the Facilities by Us and your use of them as set out in the

Hire of Facilities Application Form.

Hire Date(s): the date(s) and time(s) set out in the Hire of Facilities Application Form.

Hire Fee: the charges payable by You for the Facilities Hire, as set out in the Hire of

Facilities Application Form.

Hirer: the person or organisation identified in the Hire of Facilities Application Form. They

must be over 18 years of age and shall be the person by whom the request to hire form is

signed. The Hirer shall be responsible for the payment of all fees payable in respect of hiring

and for the observance and performance in all respects of the conditions and requirements

herein and on the part of the Hirer to be observed and performed.

Hirer Staff: each and every member of staff employed or engaged by You, or on Your behalf

(including any parents, volunteers or unpaid staff) who will, or is due to, attend the School

Premises a part of the Services.

Laws: all applicable laws, regulations, guidelines, codes of practice and includes, without

limitation the Health and Safety at Work Act 1974, the Management of Health and Safety at

Work Regulations 1999 and all other applicable regulatory requirements.

Licence: the licence described in clause 7.1 below.

Losses: all costs, claims, liabilities and expenses (including reasonable legal expenses).

Hire of Facilities Application Form: the Application form to which these Terms of Lettings

are attached setting out the particulars of the hire (such as price and the name of the Hirer).

School: the School identified in the Hire of Facilities Application Form.

School IPR: the School's name and logo, any other intellectual property rights (IPR) owned

by the School or licensed by a third party to the School, and any intellectual property rights

Terms of Lettings in any materials, documents or items which We prepare or produce for You

in connection with the Facilities Hire.

Visitor: anyone You bring, invite or allow onto the School Premises including the Hirer's

Staff, the pupils attending Your club or activity, their parents, carers or other family members,

and anyone who provides services for You. We (us, our): means the School You and Your:

means the Hirer

2 The Services

Facilities are offered for hire in accordance with the Trusts Premises Hire Policy, a copy of

which can be found in the policies section of our website https://cset.co.uk

2.1 You agree that You will only use the Facilities for the purpose of the provision of the

Services as a Hirer, and not for any other purpose.

2.2 The School is concerned to ensure that the provision of the Services to users of the

School facilities is of a high quality, and reflects the high standards of the School. As such, in

providing the Services to their attendees, the Hirer agrees that it will:

2.2.1 comply with all the requirements of clause 6 in relation to safeguarding and

child protection;

2.2.2 provide the Services in accordance with all applicable Laws and regulations,

and in accordance with the best practice in the education sector for the provision of

the Services.

3 Charges and Hire Fee

3.1 Users will be charged to replace/repair damaged or lost academy property. The cost

shall be that which the academy incurs to replace or repair. The School will take all

reasonable steps to recover these costs.

3.3 The Hire Fee and deposit shall be paid in pounds sterling and will include VAT where We

are required to account for VAT.

3.4 We will invoice You for the Hire Fee and any other charges payable to the School in

respect of Your use of the Facilities. The due date for payment of each invoice shall be

seven (7) days following the final booking date on the invoice.

3.5 All hire fees must be paid in accordance with the instructions on the invoice, except in

circumstances approved by the School. If no such payment is made, bookings will be

cancelled. In the case of Block Bookings 50% of the remainder will be cancelled forthwith.

4 Our obligations

4.1 We will make the Facilities available to You to use in accordance with the provisions of

this Agreement.

4.2 The Facilities will conform in all material respects with the description set out in the Hire

of Facilities Application Form and be fit for the purpose for which the Facilities are normally

used. However, You confirm that You have viewed the Facilities, and satisfied Yourself that

they are fit for the purpose for which You intend to use them. In the unlikely event that the

Facilities do not conform with this Agreement, please let Us know as soon as possible.

4.3 We may NOT use the delegated budget of the school to subsidise out of hours activities.

4.4 We must satisfy ourselves that the security of the whole school premises are not

compromised by the way in which the letting is undertaken.

4.5 We must ensure that the School’s fire risk assessments cover all letting activities, taking

particular note that fire escape routes and assembly points may differ from those identified

for the normal school working day.

5 Your obligations, including Insurance

5.1 You are responsible for all Hirer Staff and Visitors. You are obliged to ensure each Visitor

is complying with the terms of the Hire.

5.2 You must seek prior written approval from Us if You intend to use any person (a Hirer) to

provide any services as part of Your hire of the Facilities. Any Hirer (and their staff) shall be

Visitors for the purposes of the Agreement (which means that You are responsible for their

conduct).

5.3 You must have insurance in place with cover of at least £5,000,000 which indemnifies

You against any claim by any person (including any claim made by Us, any Visitor and any

third party) in respect of any injury, loss or damage of or to any person or property which

occurs on the School Premises, or in the course of any use of the Facilities, and which

results from, or arises out of, any act or omission of any person (including us and any

Visitor). You must produce the insurance certificate and schedule of cover and the receipt for

the premium for the full period of the Facilities Hire.

5.4 All School IPR belongs to the School. You must not use School IPR without Our prior

written permission. This means, for example, that You cannot use the School name or logo

on promotional material without Our prior written permission.

5.5 You are responsible for ensuring that You have the appropriate consents and

permissions to use any third party IPR (including any copyright or performance rights) for

any activity You carry out on the Premises. A copy of such licence to be provided to the

School on request. Terms of Lettings

5.6 The Hirer shall not be entitled to assign or sub-contract any of its rights or obligations

under this Agreement not to sub-let any part of the Facility without the written consent of the

School.

5.7 Valuables and clothing are left at the owners’ risk and the School will not accept

responsibility for liability in respect of any loss or damage to any property unless due to

negligence of the School. The School reserves the right to dispose as it thinks fit of any

property left on the premises if such property is not claimed within one month of the Hirer

being informed in writing.

5.8 The school requires all third parties using the school premises to have their own

procedure for dealing with complaints. As part of our terms you may be required to provide

evidence and copies of these procedures.

5.9 You shall and shall procure that Your Visitors shall:

5.9.1 comply with all the requirements of health and safety and fire legislation;

5.9.2 The Hirer shall observe the maximum capacity rules of the part(s) of the

premises being hired and not allow this to be breached.

5.9.3 comply with all the requirements of clause 6 in relation to safeguarding and

child protection;

5.9.4 follow any relevant guidance or instructions on any equipment signs or notices

and comply with Our policies or procedures (as amended from time to time),

including Our health and safety, fire and emergency procedures. You must ensure

that You are familiar with all such guidance, instructions and procedures before You

begin the hire of the Facilities. Security notices are located at each School facility

giving information on procedures in case of fire, contact details, emergency services

and facility addresses. Please ensure that You, Your Staff and Visitors have read the

security notice prior to using the Facilities;

5.9.5 observe all rules and instructions relating to the use of the Facilities;

5.9.6 ensure that there is sufficient cover to support Visitors with disabilities and / or

medical conditions including the administration of medicine and first aid provision,

including adequate numbers of appropriately qualified first aid personnel and first aid

equipment (there must be at least one trained first aider present at every club

session or activity);

5.9.7 immediately report to Us any accident or injury which occurs during the Hire

Dates. Such report must include name, age and address of injured person; type of

injury and circumstances in which injury occurred; whether any injured persons were

taken to hospital or not; and such other information reasonably required by us in

order to discharge Our legal obligations including, but not limited to, Our obligations

under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

2013 (SI 2013/1471);

5.9.8 check that equipment is in good working order before use. If You consider that

the equipment or Facilities are faulty or may otherwise present a risk to health and

safety, You must not use the equipment or Facilities and should immediately report

any faults to a member of Our staff;

5.9.9 only use on the School Premises equipment approved by Us, or which We

have approved the use of, and We have the right to ban the use of any equipment,

and require You to remove such equipment, from the School Premises; Terms of

Lettings;

5.9.10 The Hirer shall observe the maximum capacity rules of the part(s) of the

premises being hired and not allow this to be breached.

5.9.11 use equipment and Facilities responsibly at all times and in accordance with

the instructions for use, and take appropriate care for Your own safety and that of

other users;

5.9.12 promptly report to Us all damage, breakages or losses that occur on the

School Premises and which You or a Visitor becomes aware of (even if these are not

Your fault or the fault of the Visitor);

5.9.13 comply with Our staff's reasonable instructions and requests and treat them

with respect;

5.9.14 at Our request, provide Us with risk assessments and method statements,

including those from third party contractors where applicable, such as outside

providers of technical equipment;

5.9.15 not enter any part of the School Premises except where the Facilities are

located; in particular, You shall ensure that Your Visitor's attention is drawn to the

total exclusion of the use of classrooms, computers and their related accessories;

5.9.16 drive carefully when entering / leaving the School Premises, adhering to the

five miles per hour speed limit within the School grounds;

5.9.17 not smoke (including vaping) on the School Premises, and not consume or

bring onto the School Premises any alcoholic beverages, drugs, solvents, weapons,

computer hacking equipment, pornography or anything else which is illegal to

possess or to bring onto the School Premises, or which presence on the School

Premises could bring the School into disrepute or could reasonably damage the

reputation of the School;

5.9.18 ensure that no animals (other than guide dogs) shall be permitted on the

Premises unless prior permission has been given in writing by the School. If such

permission is given, the Hirer must make provision for the appropriate insurance

cover and risk assessment.

5.9.19 inform us in advance if You are expecting any disabled Visitors to access the

Facilities, which may require site modifications;

5.9.20 take all reasonable precautions to ensure the health and safety of Your

Visitors while using the School Premises;

5.9.21 not do or permit any act that would make any insurance policy covering the

School Premises or the Facilities void or voidable or increase the premium;

5.9.22 not do anything that may cause a nuisance or annoyance to Us or to any other

occupier of adjoining or neighbouring premises;

5.9.23 ensure that at the end of each use of the Facilities on each day, the School

Premises and the Facilities are, unless we agree otherwise, cleared of Your effects

and left in good repair and clean condition in accordance with the provisions of the

Agreement;

5.9.24 allow Us to have access to the School Premises and the Facilities at all times

in order to clean them and also to inspect them and to carry out repairs to the

structure, roof, exterior and services;

5.9.25 not share occupation or possession of the Facilities and not allow any

unauthorised persons access to the Facilities;

5.9.26 not use blu tak, adhesive tape or nails to attach anything to the walls in the

School Premises;

5.9.27 not in any way impede Us in the exercise of Our rights of possession and

control of the School Premises;

5.9.28 observe all Laws, licences and regulations relating to the School Premises

and the use of the School Premises;

5.9.29 not make any alterations or additions to the Facilities.

5.10 Any lights or other electrical apparatus which You connect to the electrical installation in

the Premises must be properly insulated and fused and electrical plugs and sockets must

not be overloaded. If audio, video or other mains electrical equipment is brought onto the

Premises by You or Your Visitors, You must ensure that the equipment is in good working

order and is safe in every respect.

5.11 You are responsible for and shall pay Our costs and expenses in connection with

making good any loss, theft, damage or destruction to any part of the School Premises

(including any decorations, fixtures or fittings), any Facilities, equipment or anything else on

the School Premises, caused by You or a Visitor. As an exception, You will not be liable for

any loss, damage or destruction caused by fair wear and tear.

5.12 You and Your Visitors must not enter the Facilities other than on the date(s) and at the

times as set out in the Hire of Facilities Application Form. We have a right to prevent You or

Your Visitors from entering the Facilities outside of these date(s) and times, and You

recognise that any preparation or set up, and any clearing up or removal of equipment,

which You require to carry out at the Facilities is to be carried out only within the Hire Details.

5.13 You must ensure that you regularly issue reminders about:

5.13.1 expectations of behaviour;

5.13.2 rules for moving around the school building; and

5.13.3 the procedures in case of a fire, these need to be practiced regularly.

5.14 Children must be supervised at all times, the definition of supervision being within sight

or hearing of a member of Hirer staff.

5.15 You undertake and agree to ensure that each of the Hirer Staff shall comply with any

reasonable code of conduct issued from time to time by Us in relation to the Facilities Hire.

5.16 You shall not display any advertisement, signage, banners, posters or other such

notices on the premises without prior written agreement from the School.

6 Safeguarding and Child Protection

6.1 You confirm that You are following and undertake and agree to ensure that each of the

Hirer Staff shall comply with the School’s safeguarding and child protection policy, which can

be found on our website https://cset.co.uk.

6.2 If We determine that any member of Hirer Staff is unsuitable to attend the Premises for

any reason We may in Our ultimate discretion exclude that person from the Premises and

prevent their future attendance at the Premises.

6.3 You must take such further steps as We require in connection with the safeguarding and

welfare of children and/or adults so that We can comply with Our statutory or regulatory

obligations and, upon request, provide Us with such evidence as We require regarding such

steps.

6.4 It is a condition of this Agreement that You and Your Visitors:

6.4.1 do not organise or take part in any activities or presentation on the School

Premises that incite hatred, violence or call for the breaking of the law;

6.4.2 do nothing to encourage, glorify or promote any acts of terrorism, including

individuals, groups or organisations that support such acts;

6.4.3 not use the premises for amoral gain;

6.4.4 not use the premises for political purposes;

6.4.5 do nothing to spread hatred and intolerance of any minority group(s) in the

community;

6.4.6 avoid insulting other faiths or groups, within a framework of positive debate and

challenge; and

6.4.7 do not raise or gather funds for any external organisation of cause.

6.5 Breach of clause 6.4 shall be considered to be a material breach of the Agreement and

shall result in immediate termination.

6.6 The Hirer shall not use the Facility for any other purpose than that specified on the Hire

of Facilities Application Form.

6.7 The Hirer must not grant sound or television broadcasting or filming rights without prior

written consent of the School.

6.8 The Hirer is responsible for the payment of any royalty charges or other fees associated

with the Performing Rights Society and/or Phonographic Performance, or any other fees

payable in respect of the purpose for which the Facility is used.

6.9 No sweepstake, raffle or other form of lottery collections shall be promoted, conducted or

held on the premises except such lottery as is deemed to be lawful by virtue of any

enactment relating to gambling, betting and lotteries, for which prior approval in writing has

been given by the School and the required statutory license or permit has been obtained and

produced to the School.

6.10 The Facility shall not be used for the sale of liquor, cinematography exhibitions, public

music or music and dancing, boxing, wrestling or stage play purposes for which a license is

required unless such a license has been granted for the event and produced to the School

and the Hirer shall strictly obey and observe all the requirements laid down in the license.

6.11 The Hirer shall, in the case of organised spectator events, displays and competitions

supply to the School at least 21 days in advance a detailed programme of events.

6.12 The Hirer shall be responsible for the administration, organisation and running of the

events and shall be liable for any claims resulting from any failure thereof.

6.13 Charging of spectators is deemed to be sub-letting however arrangements may be

made with the School at the time of booking.

6.14 You shall observe the maximum capacity rules of the part(s) of the premises being hired

and not allow this to be breached.

7. Licenses

7.1 We grant You a Licence to use the Facilities on the Hire Dates in common with the

occupation and use of the Facilities by Us and all others authorised by Us. The Licence is

Terms of Lettings granted subject to the terms of this Agreement and the rights reserved for

the benefit of Us as set out in the Agreement and as follows:

7.1.1 We reserve the right to inspect, carry out repairs and maintenance, replace and

modernise any part of the School Premises and Facilities and its services and take

such other steps as may be necessary to erect and maintain scaffolding or other

temporary structures or equipment around or within all or part of the School Premises

and Facilities without consequent loss of light and inconvenience to anyone; and

7.1.2 We reserve the right at any time after the end of the term of this Agreement, at

Your cost, to remove from the School Premises, and to store, all structures, goods,

equipment, rubbish, waste and other materials brought onto the School Premises by

You or Your Visitors, and after the period of 48 hours following the end of this

Agreement, to treat any such structure, goods, equipment, rubbish, waste or other

materials, regardless of their nature, state or condition, as refuse and dispose of the

same.

7.2 The Licence is granted together with the right of access during the Hire Dates to the

Facilities over and along those paths and roads forming part of the School Premises

specified by the School for the benefit of the You and Visitors.

7.3 You acknowledge that the Agreement is not intended to confer exclusive possession on

You nor to create the relationship of landlord and tenant between You and Us and that You

are permitted to use the Facilities as licensee only. We will be entitled, at any time, to

allocate alternative facilities for Your use within the School Premises, provided that those

alternative facilities are of equivalent quality and specification to the Facilities.

7.4 The School reserves the right at its absolute discretion to refuse or direct the Hirer to

refuse, the admission of, or to remove, any persons from the Facility without stating any

reason therefore and shall not be liable to pay compensation to the Hirer.

7.5 The School reserves the right to enter the Facility at any time during the period of hiring

and to end the hiring forthwith.

8 Events Outside of Our Control

8.1 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 Control

provided that We tell You that an Event Outside Our Control has happened. An Event

Outside Our Control means:

8.1.1 any act, event, non-occurrence, omission or accident beyond Our reasonable

control; or

8.1.2 any of the following to the extent that it is beyond Our reasonable control:

(a) acts of God, flood, drought, earthquake, or other disaster;

(b) epidemic or pandemic or a realistic prospect of either;

occurrence;

(d) terrorist attack, civil war, civil commotion or riots;

(e) change in law; Terms of Lettings

(f) fire, explosion or damage;

(g) loss during transport;

(h) adverse weather conditions (including unusual temperatures);

(i) interruption or failure of utility service, including, but not limited to, electric power,

gas or water;

(j) any labour dispute, including, but not limited to, strikes, industrial action or

lockouts;

(k) non-performance by suppliers or subcontractors; or

(l) collapse of building structures, failure to obtain raw materials, failure of machinery,

computers or vehicles.

8.2 Our obligations under the Agreement will be suspended for the period that the Event

Outside Our Control continues, and We will extend the time to perform these obligations for

the duration of that period. We will take reasonable steps to prevent an Event Outside Our

Control from happening in the first place, to bring the Event Outside Our Control to a close or

to find a solution by which Our obligations under the Agreement can be performed despite

the Event Outside Our Control.

8.3 If We tell You that an Event Outside Our Control has happened, and if that Event Outside

Our Control persists for more than thirty (30) days, then either You or We will be entitled to

terminate the Agreement.

9 Liability

9.1 Subject to clause 9.7 below, We do not have any liability for any items brought onto the

School Premises including those stored on site between hiring periods. In particular, We

have no liability for damage to cars parked on the School Premises.

9.2 Subject to clause 9.7 below, We have no liability for any goods, possessions or

equipment brought onto the School Premises in connection with the provision of goods or

the Services, and You must ensure that You have full insurance to cover any loss, damage

to, or destruction of such equipment.

9.3 Subject to clause 9.7 below, We do not have any liability for any loss (including loss of

personal possessions, injury or death) to the extent that the loss was caused by Your or a

Visitor's negligence, or failure to comply with the Agreement. This means, for example, that

We will not be liable if You injured Yourself because You failed to comply with instructions

given by Our staff on how to use the Facilities.

9.4 Subject to clause 9.7 below, We do not have any liability for any loss (including loss of

personal possessions, injury or death) to the extent that the loss was caused by a third party

(such as a member of the public). This does not apply if the third party caused the loss

because of Our negligence.

9.5 Subject to clause 9.7 below, We do not have any liability for any loss (including loss of

personal possessions, injury or death) to the extent that the loss was caused by Your failure

to provide Us with information or instructions as and when reasonably requested by Us or

where We ought reasonably to have been provided with the information or instructions.

9.6 Subject to clause 9.7 below, notwithstanding any other provision of this Agreement Our

aggregate liability to You for any loss arising under or in connection with this Agreement, and

whether arising in contract, tort (including negligence), breach of statutory duty or otherwise

shall in no circumstances exceed the amount of the Hire Fee which We receive from You in

any given year.

9.7 Regardless of anything else in the Agreement, We do not exclude or limit in any way,

Our liability for:

9.7.1 death or personal injury caused by Our negligence;

9.7.2 fraud or fraudulent misrepresentation; or

9.7.3 any liability which cannot be excluded by law.

9.8 The Hirer will indemnify the School and keep the School indemnified against any costs,

expenses, liabilities or losses incurred by the School in connection with any claim or demand

by any third party (including by any parent of a pupil of the School) against the School which:

9.8.1 relates to the provision by the Hirer of the Services from the School Premises;

9.8.2 which arises as a result of any negligence, breach of contract, or breach of

statutory duty by the Hirer.

10 Cancellation

10.1 The School reserves the right, at its absolute discretion, to cancel any booking should

it:

(a) Require the use of the Facility before or after the booking owing to unforeseen

circumstances or in an emergency;

(b) Be in opinion that the hiring is likely to prove of an objectionable or undesirable

character;

(d) Be dissatisfied with the evidence of insurance produced by the Hirer in

accordance with clause 5 hereon or if no such evidence is produced.

10.2 In the event of cancellation the School will (where possible) give the Hirer a minimum of

14 days notice in compliance with clause 8 herein. Any hire charges received by the school

will be refunded to the Hirer, The school shall not be liable for any indirect or consequential

losses, including (without limitation) any loss of profits, loss of business or the loss of any

revenue arising out of the cancellation of any hire.

10.3 The School reserves the right to terminate any hiring or Block Booking immediately in

the event of the Hirer failing to observe or perform any of the terms of this contract. Under

these conditions the School may retain the charges paid by the Hirer in mitigation of any loss

sustained by the School.

10.4 Cancellation by the Hirer notified in writing at least four (4) days before the Date of Use

will not be charged, but will be subject to a fair use review and may make bookings liable to

VAT should they then fall outside of the scope for being VAT exempt. See VAT notes on the

Hire of Facilities Application Form.

10.5 Cancellations with less than 48 hours may be subject to the full charge, those with more

than 48 hours but less than 4 days charged at 50%.

10.6 If the Hirer does not give at least two weeks notice for the cancellation of an entire

block, or to terminate a current block, he/she shall be liable to pay the full hire charge in

respect to any reasonable costs incurred by the School.

11 Termination

11.1 If either You or We commit a material breach of the Agreement, then the other may

terminate the Agreement provided that (if the breach is capable of remedy) it has given the

party in breach a reasonable opportunity to rectify the breach.

11.2 Each of the following shall be a material breach in respect of which We shall not be

obliged to give You an opportunity to rectify:

11.2.1 if You have become insolvent or, in Our reasonable opinion, there is a material

risk that You are unlikely to be able to pay any sum owed to Us under the Agreement

by the due date, or to perform Your obligations to parents of pupils of the School

under any agreement that You have in place with them;

11.2.2 any breach of the Agreement by You which could endanger the health or

safety of any of Your Visitors;

11.2.3 where, in Our reasonable opinion, Your conduct or the conduct of Your Visitors

represents a risk to the health and safety or welfare of any person;

11.2.4 where, in Our reasonable opinion, Your conduct or the conduct of Your Visitors

(including, in particular, in Your contact with parents of the School) represents a risk

to Our reputation or the reputation of the School, or is critical in any way of the

School;

11.2.5 where, in Our reasonable opinion, Your conduct or the conduct of Your Visitors

has resulted or is expected to result in significant damage to the Facilities or the

School Premises; or

11.2.6 if anything happens, or there are any circumstances, in relation to the

Agreement or the Hirer which in Our reasonable opinion raise child protection

concerns, or which constitutes a breach of any of the provisions of clause 6.

11.3 The Initial Term of this Agreement is as set out in the Hire of Facilities Application Form,

unless terminated earlier in accordance with this clause 6.2.

12 Consequences of Termination

12.1 Termination of the Agreement for any reason shall not affect the accrued rights and

remedies of either of us existing at termination.

12.2 On termination of this Agreement for any reason:

12.2.1 the Licence shall automatically terminate;

12.2.2 both You and We will cease to make reference to the provision of the Services

by the Hirer from the School; and

12.2.3 You shall cease any use of School IPR, and shall destroy any document

containing any School IPR and any document or record embodying confidential

information of the School.

12.3 The following clauses shall survive expiry or termination of the Agreement and

shall continue in full force and effect and any other clause which expressly or by

implication has effect after expiry or termination of the Agreement shall continue in

full force and effect.

13 General

13.1 The only parties to the Agreement are You and Us. A person who is not party to the

Agreement shall not have any rights under or in connection with it.

13.2 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

preclude or restrict the further exercise of that or any other right or remedy. No single or

partial exercise of such right or remedy shall preclude or restrict the further exercise of that

or any other right or remedy.

13.3 The Agreement shall be governed by English law and the parties agree to submit to the

exclusive jurisdiction of the English courts in connection with any dispute arising hereunder,

save that We may enforce Our rights in School IPR in any relevant jurisdiction.

13.4 Nothing in the Agreement is intended to, or shall be deemed to, establish any

partnership or joint venture between any of the parties, constitute any party the agent of

another party, nor authorise any party to make or enter into any commitments for or on

behalf of any other party.

13.5 These terms apply to the Agreement to the exclusion of any other terms that You may

seek to impose or incorporate (including any terms or conditions which You purport to apply

under any purchase order, confirmation of order, specification or other document), or which

are implied by trade, custom, practice or course of dealing. These terms constitute the entire

agreement between us. You acknowledge that You have not relied on any statement,

promise, representation, assurance or warranty made or given by or on behalf of Us which is

not set out in these terms and conditions, and that You shall have no claim for innocent or

negligent misrepresentation based on any statement in this Agreement.

13.6 These Terms of Hire will be reviewed by the Director of Finance annually and approved

by Trustees annually and may be updated at any time on notice to the Hirer.