Terms and Conditions
In this document “We”, “Our”, “Us” refers to Team Medic and “You” refers to the party contracting with Team Medic.
During the continuance of the Agreement into which this document is 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 this document.
In the event of any conflict between this document and other terms of the Agreement, those other terms of the Agreement shall take precedence.
1. Orders/Acceptance to cover Public Events.
1.1 All orders for us to provide services at your event (“the Event") must be placed by using our "Event Information Form” by email or telephone to Team Medic.
1.2 We are a Limited by shares entity and do not receive Government funding for providing medical cover. We cannot therefore guarantee that any particular request for Us to provide services will be accepted.
1.3 The issue by us of a quotation is not a binding offer. Contractual liability will only be accepted once the level of medical resources we are commissioned to provide is confirmed by us in writing having received a confirmation of the quotation and Terms & Conditions.
2 .Cover
2.1 Our charges are as set out in the quotation letter which forms part of these Terms and Conditions. Terms of payment are 14 days from the date of our invoice or 28 days prior to the start of the event. Late payments will incur interest of 3% above Barclays Bank Base Rate.
2.2 For events where the duration is greater than 5 hours, time must be allowed for Our personnel to take breaks.
2.3 The finish time specified in the booking confirmation shall be deemed the agreed end time of the Event. Any requirement for services to continue beyond this time (“Overrun”) must be notified to Team Medic as soon as reasonably practicable.
Provision of services during any Overrun shall be subject to the availability and agreement of Team Medic personnel and is not guaranteed. Where an Overrun is agreed, additional charges shall apply at the applicable hourly or pro rata rate as set out in the quotation or, where no such rate is specified, at Team Medic’s standard rates in force at the time. A minimum charge of one hour shall apply to any Overrun period.
Team Medic reserves the right to decline to provide services beyond the agreed finish time where it is not reasonably practicable to do so.
2.4 If You need to cancel or modify your medical cover, You must notify us both by email and telephone. Unless otherwise agreed in writing as part of your quotation, the following cancellation fees will apply for late cancellations:
100% charge for cancellation notice of less than 7 days
50% charge for cancellation notice of 8 to 14 days
No charge for cancellation notice of more than 14 days.
3. Your Responsibilities
3.1 As the organiser of the Event You retain full responsibility for ensuring that a satisfactory Risk Assessment
has been carried out for the Event.
3.2 You must ensure the Event is properly policed, so that Our personnel do not find themselves in threatening
situations.
3.3 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 a cost).
3.4 Free and clear access and egress to and from the site of the event for our personnel and vehicles must be
ensured.
3.5 You must ensure that all additional medical personnel at the Event are made known to Our personnel,
before the commencement of the Event.
3.6 It may be necessary to interrupt event for emergency treatment to take place. Our onsite personnel will
consult fully with You to explain the rationale for and negotiate a suspension of the Event should this situation arise.
3.7 Your Event staff should be made aware of where the personnel and or ambulances are located, to assist any
request from participants or spectators.
3.8 Should your 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.
3.9 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 terminate our services.
3.10 It is your responsibility to provide travel for Team Medic’s personnel to your away event.
3.11 Where Team Medic equipment is provided for use, storage, or custody by the Client as part of the agreed services, the Client shall take all reasonable steps to ensure that such equipment is kept safe, secure, and in good condition.
The Client shall be responsible for any loss of or damage to the equipment to the extent that such loss or damage is caused by the Client’s negligence, misuse, or failure to take reasonable care. The Client shall not be responsible for fair wear and tear arising from normal use.
In the event of loss or damage for which the Client is responsible, the Client shall reimburse Team Medic for the reasonable costs of repair or replacement required to restore the equipment to its condition prior to such loss or damage.
3.12 Upon the termination of the agreement for whatever reason or otherwise on request, You shall
immediately deliver – at cost to You or your organisation, up to Team Medic or its authorised representative all keys and any
swipe card, vehicles, equipment, documents and any other papers which may be in his possession, custody or control and
which are the property of the Ours or which otherwise relate in any way to the business or affairs of the Us.
3.13 The Client shall not, without the prior written consent of Team Medic, directly or indirectly solicit, engage, employ, or otherwise contract with any employee, contractor, or personnel of Team Medic who has been involved in the provision of the Services, during the Event and for a period of 12 months following the completion of the Event.
This restriction applies only to personnel with whom You have had direct contact in connection with the Services.
For the avoidance of doubt, this clause shall not prevent You from employing or engaging any such individual where that individual has responded to a genuine, publicly advertised vacancy, provided that such advertisement is not targeted specifically at Team Medic personnel.
3.14 You shall ensure that suitable welfare arrangements are provided for Team Medic personnel during the Event. This shall include access to drinking water, appropriate rest facilities where reasonably required, and safe and reasonable parking or site access for personnel and vehicles.
You shall also ensure that Team Medic personnel are able to take appropriate rest breaks in accordance with the duration and nature of the Event.
4. Our responsibilities (and limitations to the same)
4.1 We will provide medical/physiotherapy services at the Event in a manner commensurate with good practice in medical/physiotherapy delivery. The medical services will be provided subject to the certain limitations.
4.1.1 Our staff will only assess, diagnose, and attempt to treat the immediate injury sustained at the Event. We will not be held responsible for conducting a full medical assessment or diagnosis of any other pre existing injuries or physical conditions the patient may have. Nor will we liable for any medical conditions that develop following the Event which may or may not derive from the original injury sustained at the Event.
4.2 Our own Risk Assessment may be undertaken for our own purposes. Such Risk Assessment
will not negate the need for You to conduct an event risk assessment as per 3.1 above.
4.3 Our Team Medic account manager for the Event shall conduct the deployment of Our personnel. They are
responsible for the health and safety of Our personnel.
4.4 In the unlikely event of a Major Incident occurring elsewhere within the region we may be
requested, by the Statutory Authorities, to detach resources from your Event. Before doing so Our
account manager will advise fully and Consult with You. In such circumstances no charges will be made to you for any
provision We have provided at your event. We cannot accept liability for any losses incurred due to the termination of the
event in such circumstances.
4.5 In the unlikely event of a life-threatening situation occurring in the vicinity of your Event, it is
possible that an ambulance at your Event may be requested to respond. Should this occur We will
advise fully and Consult with You. We cannot accept liability for any losses you may incur due to the
termination of the event in such circumstances.
4.6 In the unlikely event that insufficient personnel are available for an accepted event, every effort shall be
made to locate resources from elsewhere, as appropriate to the nature of the event. In the highly unlikely event that
adequate resources still remain unavailable, We will endeavour to assist You with alternative options and solutions to ensure
the continuance of the Event but we reserve the right to renegotiate the terms of the agreement with the named contact
person not less than 24 hours prior to the commencement of the event. If the named contact person cannot be reached, all
reasonable effort shall be made to inform You in some other manner. It is the responsibility of the person booking Our
resources to ensure an appropriate system/route of communication is made known to Us. However we cannot accept liability
for any losses incurred due to the cancellation or reduction of the event cover in such circumstances.
4.7 In view of the circumstances specified in this Clause 4 You are advised to arrange appropriate “Event
Cancellation Insurance”. Subject to Clause 4.10 below, We will not accept liability for any loss which you may incur which could have been covered by such insurance.
4.8 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.
4.9 Subject to clause 4.10, Team Medic’s total liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Agreement, shall be limited to the total fees paid or payable by You for the Services under the Agreement.
Team Medic shall not be liable for any indirect or consequential loss, including but not limited to loss of profits, loss of revenue, loss of business, loss of opportunity, or loss of reputation, whether arising in contract, tort (including negligence), or otherwise.
Nothing in this Agreement shall exclude or limit any liability which cannot lawfully be excluded or limited under applicable law.
4.10 Nothing in this Contract shall be taken to exclude liability for death or personal injury
resulting from Our (or Our personnel’s) negligence.
4.11 Team Medic shall not be liable for any failure or delay in the performance of its obligations under the Agreement where such failure or delay results from events, circumstances, or causes beyond its reasonable control. Such events may include, but are not limited to, acts of God, severe weather conditions, flood, fire, epidemic or pandemic, acts of terrorism, civil unrest, war, governmental or regulatory action, major incidents, or failure of utilities or transport networks.
Where such circumstances arise, Team Medic shall notify the Client as soon as reasonably practicable and shall use reasonable endeavours to mitigate the impact of the event and resume performance as soon as it is reasonably possible.
If the period of delay or non-performance continues for a prolonged period, the parties shall discuss in good faith appropriate adjustments to the services or, where necessary, termination of the Agreement without liability.
5. Information Provided to and by Team Medic
5.1 If, in Our opinion, a suitable level of cover cannot be agreed, or your Event appears to put
Our personnel at unacceptable risk of injury or illness, We reserve the right not to proceed with
Our services. However, it remains your sole responsibility as the body organising 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.
5.2 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, Our account manager considers the event to be of a size and
volume greater than that originally advised or of a higher risk than stated on the booking form or
subsequent correspondence, we reserve the right to withdraw 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
financial loss You may incur due to the termination of the event in such circumstances.
5.3 With regard to details of persons treated by Team Medic personnel, any personal data shall be processed in accordance with applicable data protection legislation, including the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
Personal information will only be disclosed where required by law, pursuant to a valid request from a competent authority or legal representative, or with the explicit consent of the individual concerned.
General, non-identifiable statistical information relating to treatments provided at the Event may be supplied to the Client upon request. Team Medic reserves the right to charge a reasonable administrative fee for the provision of such information.
6. Complaints
6.1 Any complaints or disagreements regarding Our services or Our personnel should be
taken up with the Team Medic account manager at the event. If the issue cannot be resolved, all
complaints must be made in writing to the Chief Executive of the Head Office who will respond within 14 days of receipt of
the complaint.
7. General
7.1 Each party will ensure that all confidential information received about the other, remains
confidential subject to any disclosure required by law (when full consultation will take place
between the parties prior to disclosure).
7.2 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.
7.3 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 authorised representatives of each party.
7.4 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.
7.5 The parties to this Agreement 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.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
8. English Law and jurisdiction of English Courts
8.1 The Agreement shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English Courts.