Standard Terms and Conditions

For Medical Services & Training Centre

In these Terms and Conditions “We”, “Us”, “The Company” refers to East Midlands Medical Services Ltd or EMMS Ltd. “You” refers to the organisation contracting with East Midlands Medical Services Ltd. “Commitment” or “Commitments” refers to any confirmed bookings received by East Midlands Medical Services Ltd or a request for our services, during the continuance of the agreement of these Terms and Conditions “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 these Terms and Conditions. In the event of any conflict between Terms and Conditions and any other agreement those other Terms and Conditions shall take procedure.

Bookings / Acceptance
1. All bookings for us to provide services to you, all requests placed by you using our Event Quotation Form.
2. The issue by us of a quotation is not a binding offer and we will only assume contractual liability once we have received the signed Contract and Terms and Conditions that the quotation meets your requirements.
3. Any additional bookings after agreed contractual bookings will be treated as a New

Clients booking (refer to chargers 2.9 and 2.10) agreeing to the same Terms and Conditions.

1.4 Short notice clients (less than 72 hours) will require signed Contract/Terms and Conditions and cash on arrival before East Midlands Medical Services Ltd proceeds.

2. Charges

2.1 Our charges are as subject to change at any time without notice, although once a

Quotation has been received by Us having been signed by You, charges for that commitment may not change outside of those acceptable charges outlined within the quotation, specifically the addition of expenses based on actual expenditure where this differs to estimated expenditure from the original quotation, most notably mileage amounts and parking charges.

2.2 The charges as set out in the Tariff and Resources are applied for commitments of no more than 8 hours duration, between the hours of 08:00 and 18:00. Commitments outside of these hours may be subject to a surcharge, dependant on the start and finish and the duration of the commitment. Commitments booked where part or all is outside of these times will be charged an “Unsociable Hours Charge” this will be made clear within any quotation to you.

2.3 For commitments where the duration is greater than 5 hours, time must be allowed for our personnel to take breaks.

2.4 In respect of events, once at the commitment, regardless of the duration, the finish time specified on the booking form shall be considered the finish time of the commitment East Midlands Medical Services Ltd reserves the right to leave the event at the booked finish time. Where cover is required after the booked finish time, this will be provided at the discretion of the staff on site and the onsite duty manager and will be charged at a rate of 150% of the resource hourly rate, for each resource remaining on site (effectively time and a half). Where additional charges are added for “unsociable hours working” or “bank holiday working”, these additional charges will be taken into account and included prior to calculating the overtime charge.

2.5 East Midlands Medical Services Ltd reserve the right to leave the commitment at the pre-booked finish time, you should understand that our crews may be required to attend commitments elsewhere directly after working on your behalf, so may not be able to remain at your commitment after the pre-booked finish time. If there is a high likelihood of your commitment over-running and requiring cover after the pre-booked finish time then this will be charged at a lower rate than an unauthorised overtime situation. This would mean it is in your best interest to make East Midlands Medical Services Ltd aware of the potential for an additional requirement at the booking stage.

2.6 If you wish to cancel your commitment with East Midlands Medical Services Ltd then we must receive notice either by E-mail or by Phone. If such notice is not given the charges of the full quoted price will be made. Where notice has been given, cancellations charges are as below. There is also a £25.00 admin charge for any cancelled bookings.

Cancellation Notification (Days Prior to Commitment)

Cancellation Fee (% of total quoted fee)

<30 Days Prior to the Commitment 40% of the total quoted fee

14 – 30 Days Prior to the Commitment 60% Of the Total quoted fee

7 – 14 Days Prior to the Commitment 80% Of the Total quoted fee

< 7 Day Prior to the Commitment 100% of the Total quoted fee

2.7 The above table of charges is used in all cases where an agreement has been made, e.g. slight changes may be made to this policy in the negotiations for a longer-term contract or multiple dates of event cover.

2.8 Terms of payment are 14 days from the date of invoice. Late Payments will incur a late payment charge per week of 10% of the total invoiced fee, and East Midlands Medical Services Ltd terminated until payment/account cleared in full.

2.9 All Commitments where the booking is completed within 72 hours of the event start time will be deemed “Very Short Notice”, when this is the case, 20% of the total fee will be added.

2.10 New client’s payment method will be cash on arrival to designated medic before event medical cover commences, until East Midlands Medical Services Ltd satisfied with payment terms and Contract signed on arrival, also before East Midlands Medical Services Ltd medical service cover proceeds.

2.11 Existing customs see Contract for method of payment.

2.12 Any changes to the agreed quotation(s), dates, times, venues, medics and vehicles required (after Contract signed), needed to cover your commitment will incur extra expense charges at the management’s discretion.

3 Your Responsibilities

3.1 As the organiser of the commitment you retain full responsibility for ensuring that a satisfactory Risk Assessment has been carried out for the Commitment and that copies are made available to our representatives for every event covered.

3.2 You must ensure that your event is properly policed, so that our personnel do not find themselves in threatening situations. Any threats or violence towards any member of East Midlands Medical Services Ltd will result in an immediate request for the police to attend. East Midlands Medical Services Ltd have a zero-tolerance policy to all acts of threatening behavior and will enforce this policy by the way of the Police.

3.3 You must ensure that we have free, clear and easy access to and from the site of the event for our personnel and emergency vehicles.

3.4 You must ensure that all additional medical personnel attending the event (such as State Registered Paramedics, Doctors or Nurses) are made known to us prior to the event commencing.

3.5 You must adhere to any East Midlands Medical Services Ltd staff member that requests for the event to be stopped whilst treatment takes place.

3.6 Your event staff should be made aware of the first aid post, personnel and where the Response Vehicle(s) are located, to assist any requests from participants or spectators.

3.7 Should the event be of such a size that you are using radio equipment then our personnel should be provided. It is your responsibility to ensure an appropriate system of communication is made known to us.

3.8 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 licenses and in respect of all relevant legislation. 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 the event. This will not affect our right to be paid in full for our services (whether performed or not).

4 Our responsibilities (and limitations to the same)

4.1 We will provide medical services at the event in a manner commensurate with good practice in first aid delivery and of the skill level of the staff being provided at the event. These services are provided subject to the following limitation, and should not be viewed as a substitute for any need for registered doctors, nurses or paramedics at the event.

4.2 We will carry out our own risk assessments, but these are for our own purposes. You remain fully responsible for your event (see your responsibilities above).

4.3 Our Medic in Charge at the event shall conduct the deployment of our personnel. They are responsible for the health and safety of our members and have a legal obligation under the Health and Safety at Work act.

4.4 In some cases where only a small medical presence is, we accept no liability should this mean that the event has to temporarily cease due to such reduction in medical cover. East Midlands Medical Services Ltd has a duty of care to prevent the patient’s condition from deteriorating and will place this care over any requirement you may have for onsite cover in an emergency, life-threatening or critical situation.

4.5 East Midlands Medical Services Ltd personnel provide their services in line with the current JRCALC guidelines and East Midlands Medical Services Ltd company policies. Acceptance of all events is subject to the availability of appropriately qualified clinical staff. In the unlikely event that insufficient medical 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. Should adequate resources still remain unavailable, we reserve the right to provide less than one weeks’ notice to the named contact person on the booking form, of our intent to withdraw from the event. We accept no liability for any losses you may incur due to the cancellation or reduction of the event for reasons as set out in this clause.

4.6 In view of the circumstances specified earlier, you are advised to arrange appropriate ‘Event Cancellation’ insurance. We will not accept liability for any losses that you incur in relation to cancellation that could have been covered by such insurance.

4.7 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 the site.

4.8 Subject to clause 4.9 below, neither we nor our personnel shall have any liability to you or any third party, for any loss, expense or damage of any nature, suffered or occurred arising from any breach of any condition of the agreement or any negligence or any breach of statutory or other duty in any other way in connection with performance or purported performance of or failure to perform the agreement.

4.9 Nothing in this Contract shall be taken to exclude liability for death or personal injury resulting from our (or our personnel’s) negligence.

4.10 We shall not be liable for any failure in performance of any of our obligations under the agreement caused by factors outside of our control (including but not limited to fire, storm, flood, closure of central roads/motorways, “running” emergency calls, or requests from statutory services to render aid etc.)

5 Information provided to and by East Midlands Medical Services Ltd

5.1 If, in our opinion, a suitable level of cover cannot be agreed, or your event appears to put our staff 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 events. East Midlands Medical Services Ltd are able to advise based on the HSE Purple Guide of suitable resources to meet the minimum legal requirement for your type of event. The final decision is your responsibility, and it is down to you to ensure the provision of medical support is both adequate and legal.

5.2 Acceptance of all events (and 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 level of resource, 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, the senior member or Head Medic in attendance considers the event to be larger or of 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 loss you may incur due to the termination of the event in such circumstances.

5.3 With regard to details of persons treated by East Midlands Medical Services Ltd personnel, personal information will only be provided upon a request by legal representation and/or by written consent of the individual concerned, all subject at all times to the Data Protection Act 1998.

6 Complaints

6.1 Any complaints or disagreements regarding our services or our personnel should be taken up with the East Midlands Medical Services Ltd Officer in charge at the event. If the issue cannot be resolved, all complaints must be submitted in writing to:

East Midlands Medical Services Ltd

Medical Services & Training Courses

Stanton House

49 - 51 Stanton Road

Ilkeston

Derbyshire

DE7 5FW

7 General

7.1 Each party will ensure that all confidential information received from 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 in order to consider if any exemption to disclosing 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 shall remain with the originating party, unless otherwise agreed in writing between 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 in this Contract 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 contains 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 nay 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 blind or impose any obligations of the parties on the other party or to pledge the credit of the other party involved.

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.

9 How to terminate contract

9.1 East Midlands Medical Services Ltd (if see fit) can terminate Contract at any time, failing to comply with the agreed Terms and Conditions.

9.2 Clients Contract will be reviewed every 24 months by East Midlands Medical Services Ltd, until that time period expires Contract and Terms and Conditions stand.

9.3 Only named personnel can terminate Contact unless East Midlands Medical Services Ltd are informed in writing prior to any changes. Necessary procedures taken by East Midlands Medical Services Ltd after receiving notification of changes left to discretion of management. At the end of the 23rd month from date of Contract If East Midlands Medical Services Ltd services are no longer required this will need submitting in writing to terminate renewal of new Contract and Terms and Conditions for following year. Signed and agreed by both parties, failure to inform us of this will incur admin fees and any loss of earnings sustained.

9.4 Failure to adhere to 9.1, 9.2 and 9.3 as set out above will result East Midlands Medical Services Ltd reviewing Contract for a further 24 months automatically, charges will then include any administration fees and loss of earning fees East Midlands Medical Services Ltd have incurred.