Oriam Terms and Conditions

Last edited – 26/08/2020

 

All users of Oriam facilities and services shall do so subject to the following terms and conditions. Oriam staff have a positive duty to instruct users of these. In addition, Oriam may request users to adhere to specific rules and regulations. These will be clearly defined to users and enforced by Oriam staff.

 

Oriam reserve the right to:

 

Section 1
Policies and Insurance

Protection of Children Act

1.1    Refuse a contract to any organisation involved with children, young people or vulnerable adults who do not have a child protection policy.

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

Group Policies and Procedures

1.3    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:

  • Risk Assessment
  • Public Liability Insurance

Damage to Oriam Facilities

1.4    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

1.5    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.

1.6    All exercise carries risk, and by taking part in exercise within 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

1.7    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.

1.8    Claim no liability for loss or damage to users’ personal property.

Force Majeure

1.9    In 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

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

1.11     Ensure all children under the age of twelve years old are escorted to/from the dedicated drop off/pick up point by a parent/guardian

1.12     Ensure children over the age of twelve follow the guidance of their activity provider in relation to drop off and pick up protocols

Children in Changing Rooms

1.13     Enforce that children under 8 years should be taken into an ‘opposite sex’ changing are when there is no same sex adult accompanying them

1.14     Enforce that children 8 years and over must not be taken into an ‘opposite sex’ changing area

Section 2
Data Protection

Recordings and copyright

2.1   Ensure that no photographs, film, or video recordings may be made without the express permission of the group or relevant parent/guardian.

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   Notify all users of the Oriam privacy policy which can be found here: https://oriamscotland.com/privacy-policy/

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.

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.

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 disclose able 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.

Section 3

Promotional Entitlement

Advertisement

3.1    Remove any materials 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.

Social Media

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

Use of Oriam for Promotional Material

3.3    Refuse the use of the Oriam brand for any promotion of external activities and remove such promotional items should prior consent not be approved

 

Section 4

Facilities

Decision Making

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

Setup / Takedown

4.2    Enforce that 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 alterations 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

4.6    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 that 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 under the age of twelve shall not be admitted to an Oriam facility unless accompanied by a responsible adult aged 16 years or over.

Parking

4.10 Restrict access to the Oriam car park via barrier control 

Section 5

Behaviour

Admission & 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

Social Distancing & Coronavirus Symptoms

5.2    Refuse entry to any person or persons that do not follow social distancing rules which are in place to protect both Users and Oriam staff

5.3    Refuse entry to any person or persons that are not following Scottish Government guidance in relation to the activity that they are undertaking

Foul and abusive language

5.4    Refuse entry and/or eject customers that use foul and abusive language or demonstrate threatening behaviour towards Oriam Staff when using an Oriam facility.

Alcohol and drugs

5.5    Prohibit the consumption of any alcohol throughout the facility, unless authorised via a signed booking form with the approval of the Oriam Director of Operations

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

Activity within the Facility

5.4    Review all activity taking place within the facility and ensure that no activity, which could be misconstrued or give offence to other customers, is permitted.

Smoking policy

5.5    Ensure that Oriam, including all external pitches, is a non-smoking environment, in-line with the wider Heriot-Watt University smoking policy

 

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 or reject any individual who is proven to be carrying out paid teaching, education, or coaching activities on the premises without the express, prior, permission of the Oriam Management team

Section 6

Clothing / Footwear / Personal Belongings

Personal Belongings

     6.1    Ensure 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

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

Section 7

Food / Beverage

Food in Activity Areas

7.1    Enforce that no food should be brought into the facility without prior agreement via a bookings form. Sports drinks and water bottles will be permitted.

Chewing Gum

7.2    Refuse entry or take follow up action towards anyone found to not dispose of chewing gum appropriately.

Consumption of Food

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

 

Section 8

Bookings Procedures

Definitions

8.1    “The hirer” shall mean the person or organisation identified 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 with the apparent authority of the hirer.

8.2    “The participant” shall mean any person or persons taking part in Oriam delivered activity

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    Enforce that application for the booking 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) or participant and sent to the relevant area within the business.

Process

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

  • Standard Booking
  •  Hire Agreement
  •  Contract
  • Event
  • Birthday Party
  • Sports Programme Booking

Standard Bookings & Events

8.6    Implement the following steps for Standard Bookings & Events:

8.6.1           Issue a provisional agreement which, once checked and signed, will provisionally book the facility

8.6.2           Issue a deposit which must be paid to Oriam within thirty days or prior to the booking or event date

8.6.3           If a deposit payment is required, failure to pay this shall result in the facility being released and available for other bookings

8.6.4           Enforce that any amendments to the booking must be made via the Business Development team

8.6.5           Enforce that the Business Development team shall issue a final booking confirmation, to the hirer or participant, a minimum of fourteen days prior to the start of the booking

8.6.5.1      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.

8.6.6           For the avoidance of doubt, enforce that a provisional booking allows Oriam with the rights to cancel the booking, in writing, without providing any compensation other than returning the full value of any deposit paid.

Hire Agreements & Contracts

8.7    Implement the following steps for Hire Agreement and Contract bookings:

                  8.7.1           Provisionally hold the facilities for the hirer

               8.7.2           Issue a contract outlining the full terms of the Hire Agreement or Contract which must be completed, signed, and returned within 14 days of the first booking

                  8.7.3           Issue a deposit which must be paid to Oriam within thirty days or prior to the booking date

                 8.7.4           Enforce that if a deposit payment is required, failure to pay this shall result in the facility being released and available for other bookings

                  8.7.5           Enforce that any amendments to the Hire Agreement or Contract must be made via the Business Development team

                8.7.6           For the avoidance of doubt, enforce that a provisional booking allows Oriam with the rights to cancel the booking, in writing, without providing any compensation other than returning the full value of any deposit paid.

Sports Programme Classes

8.8    Implement the following steps for Sports Programme Class bookings:

             8.8.1           Enforce that all new bookings and enquiries will be handled by Oriam reception staff

             8.8.2           Enforce that the customer is required to register their child through the online ‘Join at Home’ or mobile pro platforms

            8.8.3           Ensure the customer will receive an automatic email with a pin to allow them access to the online ‘Connect’ system to book and pay for the sports programme classes, along with providing the required emergency contact information which will remain valid for 1 year.

             8.8.4           Confirm the class booking with the customer

             8.8.5           Provide a tiered booking system allowing for renewals before opening to public.

            8.8.6           Implement a waiting list should all class spaces be taken, and spaces advertised as and when they become available

            8.8.7           Enforce that all facility bookings for the Sports Programme Classes, shall be considered provisional until less than six months to the date of the class

            8.8.8           For the avoidance of doubt, a provisional booking allows Oriam with the rights to cancel the booking, in writing, without providing any compensation other than returning the full value of any deposit paid or payment.

Birthday Parties

8.9    Implement the following steps for Birthday Party bookings:

             8.9.1           On receipt of a booking, an Oriam staff member will respond within 5 working days to acknowledge receipt in writing

             8.9.2           Process the booking within 7 working days of the enquiry and take a £50 deposit, which is payable immediately

             8.9.3           Process the final payment, which will be due 14 days before the date of the party

             8.9.4           Any amendments to the party must be made via the allocated Oriam staff member only

            8.9.5           Enforce that birthday party bookings are only available initially in Studio 1, Sports Hall 2 and Academy Synthetic but can be moved into an alternative facility at the discretion of Oriam

          8.9.6           Enforce that unless negotiated directly with Oriam, all birthday party bookings shall be considered provisional until less than six months to the date of the booking

         8.9.7           For the avoidance of doubt, enforce that a provisional booking allows Oriam with the rights to cancel the booking, in writing, without providing any compensation other than returning the full value of any deposit paid.

Non-Member Casual Sport Bookings (not including football)

8.10 Dictate that non-members can make casual sport bookings 4 days in advance. The activities included are the same as in 9.15

8.11 Enforce that payment must be made at time of booking

8.12 Ensure every person using the court must pay a facility guest fee at reception before taking part in the activity

8.13 Ensure all users must adhere to section 6 of these terms and conditions

Casual Football Bookings

8.14 Dictate that all members and users can book casual football pitches 7 days in advance

8.15 Enforce that payment must be made at time of booking

8.16 Ensure all users must adhere to section 6 of these terms and conditions

Bike Bothy Hires

8.17 Enforce that the ‘hirer’ is fully liable for the terms of the hire in the event of a bike being lost or stolen

Failure to Pay

8.18 Refuse entry to any hirer or participant 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.

8.19 Review facility prices. All users will be notified in advance of any price increases taking affect

Account Management

8.20 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.

Cancellation Terms

8.21 Enforce that the Hirer or participant will give Oriam immediate written notice of any cancellation or postponement of the booking, and/or any reduction in delegate numbers below the agreed contractual numbers. Please note verbal instructions will not be accepted.

8.22 Enforce that the Hirer or participant shall be subject to the following payment terms in relation to the cancelation of any booking at Oriam:

Number of days’ notice given in relation to the date of the booking

Percentage of charge applied

Events

Standard Booking & Birthday Parties

Hire Agreements & Contracts

Category A

Category B

Category C

Category D

Less than four months

100%

100%

75%

50%

50%

100%

Between four and six months

75%

50%

50%

25%

25%

100%

More than six months

50%

25%

25%

0%

0%

100%

8.22.1       Note: These payment terms are deemed standard but may change depending on the nature of any booking. Any changes to these terms will be documented in the related agreement or contract

8.23 Enforce that the participant shall be subject to the following payment terms in relation to the cancelation of any Sport Programme Class booking cancellation at Oriam:

Notice given in relation to the block commencement

Percentage of

charge applied

More than halfway through full block

100%

Between second session and half of full block

75%

Before second session

25%

8.24 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 Hirers booking, shall be subtracted from the Hirer or participants account minus a 5% admin fee.

8.25 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.

 

Section 9

Membership Procedures

Definitions

9.1    “The member” shall mean the person identified as the member on the official application form for membership of the facility

9.2    “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

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

Confirmation

9.4    Implement the following steps for membership confirmation

             9.4.1           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

                   9.4.2           Membership profile loaded on facility management system and where required appropriate payment received

                  9.4.3           Member provided with Oriam membership card and online username and login information, if a membership card is lost a £5 replacement fee will be applied

                   9.4.4           Member is booked into a relevant facility induction within the first 7 days of their membership

Junior Membership

9.5    Dictate that Junior memberships apply to those aged 10-16 years. Junior members can use the facilities once a junior induction has been carried out. Junior members must wear their allocated coloured band while in the facility

9.6    Enforce that children under the age of 13 must always be accompanied by an adult within the fitness suite, unless taking part in an organised activity group

9.7    Enforce that children under the age of 10 are not permitted to enter the fitness suite or attend group exercise classes

Off Peak Memberships

9.8    Dictate that Off-peak memberships are valid Monday – Friday 0930-1400 and Weekends 1400-2000

9.9    Enforce that Off-peak members are entitled to use the facilities out-with these times but must pay the appropriate guest fee at reception on arrival

Student Memberships

9.10 Enforce that any student who wishes to join a Heriot-Watt University Sports Union club must have a valid Oriam student membership before purchasing the club membership

9.11 Enforce that all student members adhere to these terms and conditions

9.12 In the case of student membership re-funds, calculate any refund using a pro-rata method based on the number of teaching weeks lost within any given academic year.

Group Exercise Classes

9.13 Enforce a limit 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

9.14 Dictate members can book an unlimited number of group exercise classes; booking can be made 7 days in advance, is free of charge and is based on availability

9.15 Dictate that non-members can book an unlimited number of group exercise classes; booking can be made 7 days in advance; payment must be made at time of booking and is based on availability

9.16 Ask that you arrive promptly for all group exercise classes, admission of late comers is at the discretion of the class instructor

9.17 Enforce any member or booker who is unable to attend a class to cancel their booking in advance to free up their place for another booker, failure to do so may result in the member being refused group exercise class bookings or in repeat cases in the membership being terminated

Member Casual Sport Bookings (not including football)

9.18 Grant members to a one hour free of charge casual sport booking per day. The following activities are included within this: badminton, basketball, table tennis, short tennis, and squash

9.19 Dictate member casual sport bookings can be made 7 days in advance and must be pre-booked

9.20 Dictate a maximum of one court can be booked at any one time by a member

9.21 Enforce that any non-members using the court must pay a member’s guest fee at reception before taking part in the activity

9.22 Enforce that all users must adhere to section 6 of these terms and conditions

9.23 Dictate that any member who is unable to attend must cancel their booking in advance to free up their place for another booker, failure to do so may result in the member being refused casual sport bookings or in repeat cases in the membership being terminated

9.24 Hire equipment for casual sport bookings, made available via the Oriam reception at the discretion of the Oriam management team. Members must pay for hire equipment in advance and return equipment promptly following their booking, failure to do so may result in the member being refused casual sport bookings or in repeat cases in the membership being terminated

Failure to Pay

9.25 Refuse entry to any member, who have not paid the appropriate fee by the published date under any signed agreement. In such circumstances, any membership fees shall continue to be credited to the members 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.

9.26 Review membership prices. All members will be notified in advance of any price increases taking affect

Membership Direct Debits & Cancellations

9.27 Dictate that 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

9.28 Enforce that 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.

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

9.30 Enforce that 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

9.31 Enforce that Non-Direct Debit memberships must be paid in full at time of application and are non-refundable

9.32 Enforce that Non-Direct debit members can be renewed within 7 calendar days of expiry

9.33 Dictate that 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

9.34 Accept a membership freeze request, this must be made in writing before the 15th of the month to membership@oriam.hw.ac.uk

9.35 Charge a freeze fee of £5 per month and allow a maximum freeze period of 3 months

9.36 Accept medical freeze requests and approved free of charge providing a doctor’s note can be provided

9.37 Enforce that the member will not be permitted to use the facilities during a freeze period and should they wish to re-active 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. 

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