Non Event Commercial Licence Terms and Conditions

1. Definitions

1.1. In these terms and conditions the following terms shall have the following meanings: "Council" means Trafford Council "Registrant" means the individual or organisation to be Registered as named in the Registration Application Form;

"Registration" means registration by the Council as permitted to carry out activity sessions in agreed parks and or greenspaces during the Registration Period and Registered" shall be interpreted accordingly; "Registration Application Form" means the application form to which these terms and conditions are attached.

"Registration Fee" means the registration fee payable by the Registrant; Administration fee means the annual administration fee paid by the licensee.

"Licence perioid" means for an agreed period within the council’s current financial year. ;"Trainer" means an individual who is to carry out activity sessions in accordance with the Registration; "Session" means an activity session carried out by a Trainer for which a charge is made to the client.

2. Registration

2.1. All trainers, or the registrant who engages them, must be registered with the Council in order to carry out Training Sessions in the Parks.

2.2. In order to be Registered, the Registrant must:

2.2.1. complete the Registration Application Form;

2.2.2. pay the Registration Fee; administration and licence fees.

2.3. The Registrant must:

2.3.1. ensure that all its Trainers have a relevant current Fitness qualification;

2.3.2. comply with the insurance requirements set out in paragraph 6 and ensure that all its Trainers are covered by such insurance;

2.3.3. provide evidence of its compliance with paragraphs 2.3.1and 2.3.2 to the Council.

2.4. For the avoidance of doubt, failure to comply with the provisions of paragraph

2.3 shall entitle the Council to terminate this Agreement in accordance with paragraph 8.1.

2.5. The Council shall be under no obligation to accept an application from a Registrant to be Registered or to renew an application.

2.7. Upon Registration the Council will provide the Registrant with a licence which the Trainer(s) should carry at all times whilst carrying out Training Sessions in the Parks and produce upon request by any officer or agent of the Council. It is the Registrant’s responsibility to ensure that its Trainers carry a copy of the licence at all times whilst carrying out Training Sessions under this Agreement.

2.8. The Registrant acknowledges that:

2.8.1. Registration does not guarantee that the Park will open or that there will be space in the Park for Trainer(s) to

carry out Training Sessions.

2.8.2. Registration does not grant a Trainer exclusive use or priority over any other lawful user of the Park. Any non fitness events authorised by Trafford Council will take priority over Training Sessions and the Trainer is expected to relocate if a conflict of interest occurs.

3. Fees

3.1. Registration, administration and licence fees are published and revised by the Council on an annual basis. A list of fees and charges can be found on the council’s web site.

4. Duration

4.1. Subject to paragraph 8.1, this Agreement shall continue until the end of the licence period. From four weeks prior to expiry of the licence the Registrant may apply to the Council to renew the licence

5. Registrant’s Obligations

5.1. The Registrant shall, ensure that its Trainers at all times exercise the rights and duties under this Agreement in a proper and responsible way, having regard to the safety of users and other third parties. Any incidents, accidents or health and safety issues must be reported to the events team immediately.

5.2. Any equipment used or activities undertaken must not be detrimental to the Park, its trees and plants, the park furniture or any of the wildlife.

5.3. The Registrant must not, and shall ensure that its Trainers do not, leave any equipment and rubbish in the Park following a Training Session and shall ensure that the Park is left in the same condition as it was found. The Council reserves the right to charge the Registrant the cost of reinstating the Park to its original condition where substantial damage is caused as a result of the Training Sessions held by the Registrant or its Trainer(s).

5.4. The Registrant shall ensure that its Trainer(s), observe and perform all reasonable requirements of the Council relating to this Agreement.

6. Insurance and Liability

6.1. The Registrant shall, throughout the Registration Period maintain public liability insurance of not less than five million pounds (£5,000,000). Copies of the insurance documents must be submitted to the council no later than seven days prior to expiration of the current insurance.

6.2. The Registrant shall be liable for and indemnify and keep indemnified the Council against all liabilities, damages, costs, losses, claims, demands or proceedings whatsoever, whether in tort or contract or otherwise arising from or in connection with this Agreement, or caused by a breach by the Registrant or its Trainer(s), its employees and agents of the terms and conditions of this Agreement.

6.3. The Council accepts no liability to the Registrant, Trainer or to any third party for any costs, claims, damages or losses other than for personal injury or death caused by the Council’s negligence.

7. Assessment and Monitoring

7.1. The Registrant is required to keep a record of any complaints made to him/her concerning or in connection with any Training Sessions held in the parks under this Agreement and must immediately notify the events team of any such complaint and keep the record of complaints available for inspection.

8. Termination of Agreement

8.1. The Council may revoke the Registrant’s Registration and terminate this Agreement with immediate effect where the Registrant and/or its Trainer(s):

8.1.1. is in breach of its obligations under this Agreement and, where the breach is capable of remedy, fails to remedy such breach within 7 calendar days of receipt of written notice to remedy the breach.

8.1.2. becomes incapable for any reason of efficiently performing as a competent and qualified trainer.

8.1.3. acts in any way that is likely to bring the Council into disrepute or damage its reputation or interests.

8.2. The Council may terminate this Agreement giving one week’s written notice.

8.3. Where the Council terminates this Agreement under paragraph 8.1 the Registrant shall not be entitled to receive any refund of the Registration Fee.

8.4. Where the Council terminates this Agreement under paragraph 8.2, the Council shall reimburse the licence fee on a pro-rata basis for the remaining duration of the licence period.

8.5. For the avoidance of doubt, following termination of this Agreement by either Party, the Registrant, and its Trainers shall no longer be Registered

9. General

9.1. Nothing in this Agreement shall render or be deemed to render the Registrant or any Trainer an employee or agent of the Council.

9.2. This Agreement contains the entire understanding and agreement between the parties and supersedes all prior representations, documents, negotiations or understandings. The Registrant acknowledges that it has not entered into this Agreement in reliance upon any representation by the Council or anyone acting on its behalf.

9.3. Pursuant to the Freedom of Information Act 2000 the Council is subject to certain legal obligations in relation to public disclosure of information. The Registrant shall cooperate with and assist the Council with any requests for disclosure which the Council receives under the Freedom of Information Act 2000 which relate to this Agreement.

9.5. Nothing in this Agreement shall be taken to confer any benefit on any person who is not a party to it and the parties hereby agree that the Contracts (Rights of Third Parties) Act 1999 does not apply hereto.

9.6. Nothing in these terms and conditions shall fetter the Council in the exercise or discharge of its functions, powers and duties as a local authority (including, without limitation, the power to close all or part of any Park either on a permanent or temporary basis.)

9.7. Nothing in this Agreement shall create any tenancy in favour of the Trainer.

10. Changes to your licence

If you wish to make any changes to the way you have told us you are going to operate you must advise us in writing/by email and await permission before implementing the changes. We would normally require a minimum of four weeks notice to consult on such changes.