Terms and Conditions

Please read our full terms and conditions for use of our facilities and services.

Policies and Insurance

Protection of Children Act

1.1 Not grant a contract to any organisation involved with children, young people or vulnerable adults who have not completed the necessary paperwork. 

1.2 Ensure children, young people and vulnerable adults on Oriam's care will be protected via the procedures outlined in Oriam's 'Child Protection Policy'

1.3 Ensure any external provider delivering on behalf of Oriam to children, young people or vulnerable adults have completed the necessary paperwork.

Group Policies and Procedures

1.4 Have sight of evidence that all groups using Oriam have the necessary policies and procedures in place before using the facility. The following policies are required as a minimum:

1.4.1 Risk Assessment

1.4.2 Public Liability Insurance

1.4.3 Child Protection Policy including Risk Assessment

1.4.4 Child Sign In/Out Register for all children under the age of twelve years old.

Damage to Oriam Facilities

1.5 Repair any damage done to Oriam facilities, fixtures, fittings, and equipment (excluding fair wear and tear) and charge the full cost of repair to the individual, group, club or organisation responsible for the damage.

Personal Injury Liability

1.6 Claim full indemnity from any User for any accident or injury (including fatality) to the User that may occur on premises owned or operated by Oriam other than liability which may arise from the negligence of Oriam, its staff or agents.

1.7 All exercise carries risk, and by taking part in exercise with the facility you are accepting this risk. If a User is not sure whether they should exercise, they should seek medical advice.

Personal Goods Liability

1.8 Reject any liability for damage to or loss (including theft) of Users' property, including theft or loss of items from lockers, which liability for loss or damage to personal goods shall be the sole responsibility of the User.

1.9 Oriam has no liability for loss or damage to users' personal property.

Force Majeure

1.10 If any circumstances, over which Oriam has no control, render the facilities not available for the user on any given day or any part of such day, the user shall not be entitled to compensation in consequence thereof or in connection therewith. 

Child Sign In/Out Register

1.11 Ensure Oriam staff and any external provider delivering on behalf of Oriam will be required to ensure a Child Sign In/Out Register for all children under the age of twelve years old. 

Children in Changing Rooms

1.12 Children under 8 years old should be taken into an 'opposite sex' changing area when there is no same sex adult accompanying them.

1.13 Children 8 years and over must not be taken into an 'opposite sex' changing area.  

Confidentiality

2.6 Ensure that each party shall treat all information provided by the other party as confidential and use such information only for purposes of performing the Contract or meeting its obligations under the Contract.

Data Protection

Recordings and copyright

2.1 Ensure that no photographs, film or video recordings may be made without the express permission of Oriam Staff. Furthermore, Oriam retain the right to exercise copyright ownership of all photographic, film & video images taken at an Oriam facility. 

Data Protection Act

2.2 Collect and process personal information about users where this is necessary to effectively administer the facility bookings. Oriam shall process such information securely and in accordance with the UK Data Protection Act 2018.

2.3 Oriam also have  a privacy notice for all users which can be found here:
Privacy Policy - Oriam (oriamscotland.com)

Medical Emergency

2.4 In a medical emergency, Oriam staff may need to disclose information about a service user to the emergency services where this is necessary to protect the vital interests of the individual, in a case where the individual's consent cannot be given.

Use of CCTV

2.5 Utilise CCTV throughout Oriam facilities for the purposes of public safety and crime prevention.

Freedom of Information

2.7 Share information on the User as requested by an FOI request. Oriam is a Public Authority within the meaning of the Freedom of Information (Scotland) Act 2002 (The Act). Therefore, any information in relation to this contract and associated correspondence received may be disclosed under the Act. If Oriam receives a request for information that the contractor has identified as being confidential, Oriam shall use reasonable endeavours to consult with the other party. However, Oriam has ultimate discretion over whether such information requested must be disclosed under the provisions of the Act. Heriot-Watt University manages FOI requests on Oriam's behalf. 

Promotional Entitlement

Advertisement

3.1 Approve any matter including advertisements for inclusion in programmes relating to events to be held at the Facility, and the hirer shall be responsible for ensuring that any such material is made available to the Organisation for inspection prior to its release. Fly Posting of an event within any of our facilities is totally prohibited.

Social Media

3.2 Communicate information relating to the event through appropriate social media channels. Should the hirer not wish this to happen then must write to Oriam as part of the bookings process.

Facilities

Decision Making Responsibility

4.1 Make the final decision regarding admission, allocation, use or closure of all Oriam facilities.

Set-up and Take-Down

4.2 All bookings will be subject to a set-up time and this will be included within the booking. Please do not use your booking space until all staff have cleared it for use. 

Bookings Policy

4.3 Administer a bookings policy which, provided the appropriate dates are adhered too, provides a priority order for bookings according to user groups. Further information can be found in section eight below.

Maintenance

4.4 Make alteration or carry out essential repairs or maintenance without prior notice, although every consideration will be made to minimise inconvenience. For planned, major refurbishment, Oriam will endeavour to provide users with a minimum of one month's notice.

Loose Equipment

4.5 Ensure that any equipment used within the facilities must be appropriate for purpose. Any balls or equipment used in indoor facilities, or synthetic surfaces, must be clean. 

Return of Goals

Ensure that all users return the goals to the appropriate storage area after use. all goals for the synthetic pitches are available at the side of the pitch in a specific stored location. This must be completed within the booking time slot. 

Use of Changing Areas

4.7 Ensure the Changing Rooms and/or lockers are provided for clothing and to further ensure that these facilities are used accordingly. Only in exceptional circumstances, will belongings be allowed into the playing areas.

Return of Changing Rooms

4.8 Refuse access to team changing should any individual or group not leave the facility in a tidy and respectable manner. Where relevant, this may also include the holding of any deposits paid for key access. 

Children

4.9 Ensure that children seven years of age and under shall not be admitted to an Oriam facility unless accompanied by a responsible adult aged 16 years or over. If the child is participating in a coached activity or class, a responsible adult must remain in attendance within the facility for the duration of the class. 

Parking

4.10 Restrict the Oriam car park to member access only.

4.11 Grant permission for non-members to access the Oriam car park for specific booking or event usage.

Behaviour

Admission and Membership

5.1 Refuse admission and terminate membership of any person or persons, who in their opinion are in breach of any management rule, or whose behaviour is such, that it interferes with the safe and efficient operation of the facility or is in breach of these terms and conditions.

Foul and Abusive Language

5.2 Refuse entry to customers that use foul and abusive language or demonstrate threatening behaviour towards Oriam Staff when using an Oriam venue. 

Alcohol and Drugs

5.3 Ensure that no person who, in the opinion of the Executive Director or deputy, is under the influence of alcohol and/or drugs will be allowed acess to or permitted to remain within or near an Oriam facility.

Types of Activity

5.4 Ensure that no activity, which could be misconstrued or give offence to other customers, will be permitted.

Smoking Policy

5.5 Ensure that Oriam, including all external pitches, is a non-smoking environment.

Gambling

5.6 Ensure that no gambling or gaming activities are permitted within any Oriam facility. Anyone found in breach of this rule may be liable to prosecution under The Gambling Act 2005 (Scotland) Regulations 2007.

Personal Training and Group Exercise

5.7 Refuse any individual who is carrying out paid teaching, education, or coaching activities on the premises without the express, prior permission of the Oriam Management Team. 

Clothing, Footwear and Belongings

Personal Belongings

6.1 Changing rooms and lockers are provided and should always be used. Bags and personal belongings are not permitted in activity areas. Items left in changing rooms must be secured within lockers provided. Oriam take no responsibility for items left within changing rooms that are not secured within a locker. Any items left within lockers overnight will be removed and held within the facility under the lost property policy. 

Suitable Attire

6.2 Ensure that all members and users of the facilities must be attired according to their intended activity.

Synthetic Pitches

6.3 Ensure that only appropriate footwear with either moulded or metal studs are permitted whilst using the synthetic pitches. No flat soled training shoes are permitted. 

Sports Halls

6.4 Ensure that only clean, indoor, light-coloured, non-marking footwear is worn whilst using the Sports Hall, Squash Courts and Studios. 

Removal of Outdoor/Studded footwear

Ensure that sports related footwear is removed on either entry to the building (from outdoors) or from the synthetic pitches (from indoors).

Indoor Tennis Centre

Footwear Policy

6.5 Only 'proper' tennis shoes are allowed to be worn on our indoor tennis courts. Good quality tennis shoes or plimsolls, with flat non-marking soles and a smooth tread, are recommended for these courts. Strictly no dark coloured soles, no heels and no treads with studs, bars or serrations. This is to avoid marking or surface damage.

Correct tennis shoes must be worn. Tennis shoes have non-marking soles and dark-soled shoes that mark the acrylic should be avoided. Non-marking shoes have specially manufactured soles that will cause the minimum amount of scuff marks, black marks, and damage to sensitive indoor floors especially during sports or activities done on synthetic indoor surfaces.

Food and Beverage

Food in Activity Areas

7.1 Ensure that no food should be taken into any activity area. Only plastic bottles with a lid or cap that can be resealed are permitted.

Chewing Gum

7.2 Ensure that no chewing gum is permitted anywhere within facilities owned or operated by Oriam.

Purchase of Food

7.3 Ensure that only food and drink which has been purchased at Oriam is consumed at Oriam, unless Oriam permits you to consume your own food for medical or any other reason.  

Bookings and Memberships Procedures

Definitions

8.1 'The hirer' shall mean the person or organisation indentified as the hirer on the official application form for hire of facilities or where appropriate any employee, agent, licensee or invitee of the hirer acting with the authority or which the apparent authority of the hirer. 

8.2 'The Member' shall mean the person identified as the member on the official application form for membership of the facility. 

8.3 'The Facilities' shall mean the room or rooms or other parts of the Facility which are identified on the official application form together with any common parts of the facility which are used incidentally by the hirer in connection with the hiring and shall also include all fixtures, fittings, furniture, decorations and equipment whatsoever (whether in the ownership of the organisation or not) which are present in the Facility. 

Applications

8.4 Application for the use of facilities must be made on the authorised form to be signed by the hirer (or if an external organisation, by an authorised agent thereof) and sent to bookings@oriam.hw.ac.uk

8.5 Application for membership of facilities must be made on the authorised form to be signed by the members (or if an external organisation, by an authorised agent thereof) and sent to membership@oriam.hw.ac.uk

Process

8.6 Upon receipt of the application form, with possible prior contact should additional information be required, Oriam shall process the application accordingly. This, where possible, will fall into one of the following categories:

8.6.1 Membership
8.6.2 Standard Booking
8.6.3 Hire Agreement
8.6.4 Contract
8.6.5 Event

Confirmation

8.7 Steps for booking confirmation
8.7.1 Issue an agreement which, once checked and signed, will provisionally book the facility.
8.7.2 Issue a deposit of the total hire charge which must be paid to Oriam within thirty days of the hirer being issued an appropriate invoice. 
8.7.3 If a deposit payment is required, failure to pay this shall result in the facility being released and available for other bookings. 
8.7.4 Any amendments to the booking must be made via the Business Development team.
8.7.5 The Business Development team shall issue a final booking confirmation file, to the hirer, fourteen days prior to the start of the event. 
8.7.6 Note for Events: Oriam shall require a face to face meeting and site visit. This is an essential part of the event bookings process that, only with the express permission of the Executive Director, can be amended.

8.8 Steps for Membership Confirmation:
8.8.1 Membership paperwork and any supporting documentation must be completed and signed by the member; it is the responsibility of the member to inform Oriam if any of the details provided change at any time. If fake details are provided on application, Oriam will immediately terminate the membership.
8.8.2 Membership profile loaded on facility management system and where required appropriate payment received.
8.8.3 Member provided with Oriam membership car and online username and login information, if a membership card is lost a £5 replacement fee will be applied.
8.8.4 Member is booked into a relevant facility induction within the first 7 days of their membership.

Junior Membership

8.9Junior memberships apply to those aged 10-15 years. Junior membership can use the facilities once a junior induction has been carried out. Junior members must wear their allocated coloured band while in the facility.
8.10 Children under the age of 13 must always be accompanied by an adult, unless taking part in an organised activity group.
8.11 Children under the age of 10 are not permitted to enter the fitness suite or attend group exercise classes.

Group Exercise Classes

8.14 A limit is placed on the number of participants in each class - Oriam reserve the right to change this limit to ensure the safety of all class attendees depending on space available.

8.15 Members can book an unlimited number of group exercise classes; booking can be made 14 days in advance, is free of charge and is based on availability. 

8.16 Non-members can book an unlimited number of group exercise classes; booking can be made 14 days in advance; payment must be made at time of booking and is based on availability. 

8.17 Oriam ask that you arrive promptly for all group exercise classes, admission of late comers is at the discretion of the class instructor.

8.18 Any member or booker who is unable to attend a class must cancel their booking in advance to free-up place for another booker.

8.18.1 1 class missed without cancellation in a 60 day period - No Action

8.18.2 2 classes missed without cancellation in a 60 day period - Email from our fitness team to remind user to cancel with pre-warning that a 3rd class missed incurs a charge. 

8.18.3 3 classes missed without cancellation in a 60 day period - £3 charge added to account and booking suspended until charge has been paid

Member Casual Sport Bookings

8.19 - 8.23 Details to be updated with the launch of new membership structure and Pay as You Play Sport. 

Non-Member Casual Sport Bookings

8.24 - 8.27 Details to be updated with the launch of new membership structure and Pay as You Play Sport. 

Casual Football Bookings

8.28 All Members and users can book casual football pitches upto 14 days in advance.

8.29 Payment must be made at time of booking

8.30 All users must adhere to section 6 of these terms and conditions.

Non-member Casual Sport Bookings (not including Football)

Placement Text - Fill with updated Terms and Conditions. 

Bike Bothy Hires

Placement Text - Fill with updated Terms and Conditions. 

Failure to Pay

8.31 Refuse entry to any user or member, who have not paid the appropriate fee by the published date under any signed agreement. In such circumstances, any bookings shall continue to be credited to the Users' account until a time where either the account is brought up to date or terminated by both parties. Any membership will be terminated after a period of 30 days where outstanding monies are owed. 

8.32 Oriam reserve the right to review facility and membership prices. All users and memberships will be notified in advance of price increases taking affect.

Account Management

8.33 Ensure that customers who fail to honour advanced bookings are rendered an invoice if the facility or area cannot be re-let. In this case, an additional administrative charge will be applied. 

Booking Cancellations

8.34 The Hirer will give Oriam immediate written notice of any cancellation or postponement of the event to which their Hire Agreement relates, and/or any reduction in delegate numbers below the agreed contractual numbers. Please note verbal instructions will not be accepted. 

8.35 The Hirer shall be subject to the following payment terms in relation to the cancellation of any Event at Oriam:

Number of days' notice given in relation to the first day of the event.

Category A

Category B

Category C

Category D

Less than 4 months

100%

100%

50%

25%

Between 4 and 6 months

75%

50%

25%

0%

More than 6 months

50%

0%

0%

0%

8.35.1 Note: These payment terms are deemed standard but may change depending on the nature of an event booking. Any changes to these terms will be documented in the related Hire Agreement. 

8.36 Oriam will endeavour to re-sell this space to other customers. Any income made from the re-sell of the space, up to the value of the Hirer's booking, shall be subtracted from the Hirers account minus a 5% admin fee. 

8.37 Oriam reserves the right at any time to cancel any engagement which in their opinion is likely to be detrimental to the letting of the Facility or otherwise objectionable without being liable to any compensation to the hirer arising directly or indirectly from such cancellation.

Membership Procedures

Membership Direct Debits & Cancellations

8.38 Members paying by Direct Debit may be required to make a pro-rata upfront payment on application. This will be fully explained by the Oriam staff. 

8.39 Non-contract memberships run on a rolling month by month basis. These memberships must be cancelled in writing with a one-month notice period by the 15th of the month. Cancellations received after the 15th of the month will be processed for the following month and a payment will be taken for the current month requested. 

8.40 Contract memberships must adhere to the terms of the specific contract. Following the end of this contract the membership will revert to a non-contract membership and term. 8.14 will apply for any cancellation.

8.41 If a Direct Debit membership is cancelled by the member at their bank without giving prior notice to Oriam, their membership will be suspended and Oriam will pursue the member for any outstanding payments. 

Non-Direct Debit Memberships

8.42 Non-Direct Debit Memberships must be paid in full at time of application and are non-refundable.

8.43 Non-Direct Debit Memberships can be renewed within 7 calendar days of expiry.

8.44 No 'downgrading' of non-direct debit memberships will be permitted. Upgrading a membership will start the full membership term again from the date of upgrade. 

Membership Freezes

8.45 If a member wishes to freeze their membership a request must be made in writing before the 15th of the month to membership@oriam.hw.ac.uk

8.46 A freeze fee of £5 per month will be applied and a maximum freeze period of 3 months is applicable. 

8.47 Medical freeze requests will be considered and may be approved free of charge providing a Doctor's note can be provided.

8.48 The member will not be permitted to use the facilities during the freeze period and should they wish to re-activate the membership within the freeze period this must be processed by the membership team in advance of any facility access.

Changes to Terms and Conditions

Oriam reserves the right to vary the rules and regulations of contracts and the hiring charges from time to time at its sole discretion. In the event of any matter arising in connection with the hiring of the Facility, which is not covered by these rules and regulations, Oriam shall have full power and authority to deal with these at their sole discretion.