PLEASE READ the following main terms and conditions:
In these Terms and Conditions “ We, Our, Us, PSA Performance Centre” means PSA Performance Centre. “Venue” means the PSA Performance Centre venue location as signed overleaf. “You, Hirer” means the customer as signed overleaf. “Pitch Booking” means the resource booking as specified in the booking & payment details overleaf. “Venue Rules” means the rules of the Venue which are displayed prominently in the Venue and relate to opening hours, use of facilities and your conduct. “Playing Rules” means the playing rules available online at www.psaperformancecentre.com. “Team” means the nominated team of the School, Club, Association or Organisation. “Agreement” means the signed agreement overleaf together with Schedule 1, the Venue Rules, the Playing Rules and the completed player registration (s).
1. PRINCIPLE TERMS
1.1. This Agreement commences once both parties have signed overleaf.
1.2. You have responsibility for the conduct and payment of all other players using the pitches under this Agreement. All such players must comply with the terms of this Agreement and the rules of the Venue.
1.3. At the end of the initial series of Pitch Bookings as shown in Schedule 1, You will automatically be issued with an updated Schedule 1 showing the next series of bookings and once the updated Schedule 1 has been issued, it will become legally binding.
1.4. If you do not wish to continue with a new series of bookings, then you must terminate this Agreement in accordance with Clause 5.1 of the terms and conditions.
2. MAKING A REGULAR PITCH BOOKING
2.1. A regular Pitch Booking can be made by completing in full this Agreement and all (over 16 years) players must register and join the Hirer’s nominated team at www.psaperformancecentre.com.
2.2. You will be responsible for ensuring payment for all the Pitch Bookings as identified in Schedule 1 of this Agreement. This can be paid weekly (a minimum of 48 hours) in advance or upfront, prior to the start of each series of bookings.
2.3. The Hirer must pay for a booking Deposit, equivalent to 1 week’s Pitch Booking fee, no later than when the first week’s Pitch Booking Fee is due.
2.4. The Deposit is refundable at the end of the Agreement provided all bookings during the Agreement period have been paid in full.
2.5. In the instance, under 2.4, where a booking Deposit is not refunded then the Hirer is responsible for paying a new booking Deposit immediately and before a future pitch hire booking can be made or is scheduled or becomes due for payment.
3. REGISTRATION OF PLAYERS
3.1. PSA Performance Centre are accredited by the FA and all players using the pitches under this Agreement, over the age of 16, must register and join the Hirer’s nominated team at www.psaperformancecentre.com.
3.2. PSA Performance Centre reserves the right to terminate the Agreement, with immediate effect, if any player fails to register.
4. BOOKING FEES & CHARGES
4.1. PSA Performance Centre may increase a booking fee for any future series of bookings provided a minimum notice of 4 weeks is given.
4.2. For the avoidance of doubt, You are obligated to make every weekly payment regardless of non-attendance, whatever the reason for non-attendance might be.
4.3. If you fail to pay any amount due under this Agreement, for a period of more than 30 days, the we may pass the debt to a third party for collection. All costs incurred in employing a third party company will be borne by you.
5. TERMINATION OF CONTRACT
5.1. The agreement can be terminated by either party giving prior written notice to the other, such notice to be received by the other party at least 4 weeks’ prior to the final booking date as identified on the latest Schedule 1. If you wish to cancel this Agreement, you must submit a fully completed online cancellation form available at www.psaperformancecentre.com at least 4 weeks’ prior to the final booking on Schedule 1. We will notify you using the contact details overleaf or as held and updated on our systems from time to time.
5.2. If notice is served by either party in accordance with Clause 5.1, the Agreement will terminate on completion of the final booking identified on the latest Schedule 1.
5.3. If we do not receive your notice to terminate in accordance with Clause 5.1, you will automatically be issued with an updated Schedule 1 in accordance with Clause 1.3.
5.4. We will acknowledge your request and confirm, in writing, the end date of the Agreement. If you do not receive a written response from PSA Performance Centre to your request, within 5 working days, please follow it up with an email to the address found on our website www.psaperformancecentre.com.
5.5. We reserve the right to terminate this Agreement immediately without notice in the event we expel any team pursuant to Clause 6.3, or in the event of persistent minor offences, including but not limited to late arrivals and non-attendance. The Hirer will remain fully liable for the booking fees identified in the latest Schedule 1.
6. GENERAL TERMS
6.1. You agree to comply with the Venue Rules. We may make reasonable changes to these rules at any time provided we give you advance notice of the changes by displaying them on a Venue notice board. If we make a significant permanent change to the operating hours or facilities available, you may cancel your Agreement immediately with effect from the date of change. You must submit a fully completed online cancellation form available at www.psaperformancecentre.com within 4 weeks’ of publication of the change.
6.2. You agree to comply with Playing Rules and confirm that you are aware that these are online at www.psaperformancecentre.com. We may make reasonable changes to these rules at any time provided. We give you advance notice of the changes by displaying them on a venue notice board or online. You also agree to comply with the appropriate footwear and understand that footwear with metal studs and blades are strictly prohibited on the pitches and that all players will wear shin pads.
6.3. We reserve the right to expel any team playing under the booking as a result of disruptive or aggressive behaviour towards other players, spectators, customers and our staff.
6.4. We may assign the benefit of this Agreement and our right there under to a third-party on notice to you and providing you do not object to such a transfer within 7 days.
6.5. You agree to advise Us immediately of any change to your contact details. These can be updated at www.psaperformancecentre.com.
6.6. This Agreement is governed by English Law and You can bring legal proceedings in respect go this Agreement in the English Courts.
6.7. In the event that a single term, condition of this Agreement (including, without limitation, these terms and conditions, the Venue Rules and the Playing Rules) is found to be unenforceable, all other terms, conditions and rules shall remain unaffected.
6.8. Use of the Venue will be withheld while a debt remains on the Hirer’s account.
6.9. We reserve the right to amend these terms and conditions at any time by giving 6 weeks prior written notice from the end of the current series of bookings as detailed on Schedule 1, to You (using the contact details overleaf or as held and updated on our system from time to time) and displaying the new terms and conditions within the venue or online at www.psaperformancecentre.com. The updated terms will take effect at the start of the following series of bookings.
6.10. The Agreement is between You and Us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
7. LIABILITY
7.1. Nothing in this clause excludes or limits Our liability under this Agreement for:
7.2. Subject to Clause 7.1, if You are a business, We shall not be liable for any:
7.3. Subject to Clause 7.1, if You are a consumer, We shall not be liable for any loss caused by your negligence, or the negligence of Your players or any additional guests.
7.4. Subject to Clause 7.1 to 7.3 (inclusive), PSA Performance Centre’s maximum liability for all claims under his Agreement shall be limited in aggregate to the total amount of the fees paid and payable during the twelve (12) months prior to the liability arising.
8. USE OF THE FACILITIES
8.1. Where We operate a licensed bar, we reserve the right to refuse service to anyone we believe is underage and/or who does not provide photo ID.
8.2. We reserve the right to refuse service to anyone at its sole discretion.
8.3. An appropriate charge will be made if any players of your Team damages any property belonging to us.
9. PHOTOS/VIDEOS
9.1. You warrant and represent You shall obtain all necessary consents, permissions and licenses fro You and all your players and any additional guests at theVenue (“participants”) to permit Us, without consideration or compensation to You or the participants, to photograph and/or video the participants for purposes including but not limited to, publication in both offline and online media channels, both during and after the termination of this Agreement. You shall notify Us immediately in writing if any participants withheld such consent, permission or licence, and shall provide the necessary information (including the name of the participant(s)) to enable Us to identify such participants.
10. IMPORTANT USE OF YOUR INFORMATION
10.1. We may use your personal data to contact You regarding matters pertaining to this Agreement and your Team’s day to day involvement with the Venue. We will control and process your data in accordance with our privacy policy, available at www.psaperformcancecentre.com
10.2. We would also like to send You carefully selected offers and promotions but require your permission to do so overleaf.
10.3. We may also use CCTV to monitor our premises for security purposes.
10.4. In the event that We refer a debt on your Agreement to a third-party company for collection under Clause 4.3 above, We will pass your details to that company and provide a copy of any documentation You have completed, if requested to do so.
10.5. The third-party company may search your records at credit reference agencies. They will add to their record about You, details of any such search and this will be seen by other organisations that make searches. This and other information about You and those with whom you are linked financially may be used to make credit decisions about You and other members of your household.
10.6. These records will be shared by other organisations and used by them to:
10.7. In the event that We have to resort to instructing a third-party company to contact You, you have a legal right to have details of any credit reference agency that company may have referred to. You may request that company to supply such details.