These standard terms and conditions shall apply in any circumstances where Old Loughtonians Services Limited (registered number 2094340) whose registered office is at Roding Sports Centre, Luxborough Lane, Chigwell, Essex IG7 5AB (the "Club"); provides services of any nature to
(2) ANY CUSTOMER (whether a member of the Club or not) (the "Customer").

INTRODUCTION
(A) The Club runs a hockey and social club based at Roding Sports Centre, Luxborough Lane, Chigwell, Essex IG7 5AB (the "Sports Centre") on behalf of Old Loughtonians Hockey Club Limited ("OLHC").
(B) The Club and OLHC uses the Pitches (as defined) and the Clubhouse (as defined) for its own purposes and the Club also hires them for use by Customers.
(C) These standard terms and conditions (together with the documents and the Website referred to in them) (together the "Terms") set out the terms and conditions on which the Club hires its facilities and services and the basis on which Customers may use those facilities and services

AGREED TERMS
1. Definitions and Interpretation
1.1 Definitions
In these Terms the following expressions shall have the following meanings:
"Contract" means any agreement (whether written or oral) entered into by the Club with a Customer (as described in clause 2.1) relating to any of the Services;
"Deliverable" means any equipment, information or other materials (such as reports, coaching booklets or consumables) to be supplied by the Club as part of any Services to be supplied by the Club;
"Fees" means the fees payable for the Services as stipulated by the Club from time to time either on its Website or otherwise;
"Hockey Equipment" means any equipment, footwear, headgear or clothing used to play, coach or umpire hockey;
"Intellectual Property Rights" means all:
(a) copyright;
(b) patent rights;
(c) trade or service marks;
(d) design right;
(e) rights in or relating to databases;
(f) rights in or relating to confidential information; and
(g) any other intellectual property rights (registered or unregistered) throughout the world,
including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements;
"Pitches" means Pitch A, Pitch B and or Pitch C (each as identified on the plan of the Sports Centre attached to these Terms;
"Services" means;
(a) the hire of the Pitches (or any of them) to a Customer;
(b) the hire of the Sports Centre or any part of the Sports Centre to a Customer; and/or
(c) the supply of ancillary services to a Customer (such as coaching, the use of kitchens, toilets, the car park or bar, the provision of Hockey Equipment or of catering equipment or Standard Information or as otherwise agreed between the Club and the Customer);
"Standard Information" means any pre-existing, generic or other information (in any form including hard copy and electronic, human-readable and otherwise) which has not been developed specifically for the Customer; and
"Website" means the Club's website.

1.2 Interpretation
(a) In these Terms unless it says otherwise:
(i) reference to a person includes a legal person (such as a limited company) as well as a natural person;
(ii) reference to these Terms includes reference to the schedules and appendices to this agreement and other documents attached to it or incorporated by reference into it (all as amended or added to from time to time);
(iii) reference to "including" shall be treated as being by way of example and shall not limit the general applicability of any preceding words;
(iv) reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation;
(v) references to clauses or schedules shall be to those in this agreement; and
(vi) reference to this agreement shall include reference to it after it has been amended.
(b) Nothing in these Terms shall create a partnership between the parties or give the rights of a partner to either party.
(c) Any software supplied or licensed under these Terms will not be treated as goods within the meaning of the Sale of Goods Act 1979. Firmware will be treated as part of the goods in which it is installed.
(d) Where a term used in these Terms starts with a capital letter, it has a defined meaning, usually set out in this clause 1, which also sets out some rules to be used in interpreting these Terms.

2. Supply of the Services
2.1 Before the Club provides any such Services or Deliverables, the Club and the Customer will in each case first agree:
(a) exactly what Services are to be supplied;
(b) any Deliverables to be produced or supplied as part of the Services;
(c) specifications for particular Deliverables (if required);
(d) time scales (if specific time scales are required);
(e) charges (if a specific basis of charging is to apply other than as set out in these terms); and
(f) any other relevant details.
In each case all of this information will be included in one document (the "Contract") (for example a pitch hire form) signed by both parties. Other documents and materials will only be incorporated into the Contract if expressly and unambiguously identified and incorporated in it. The Club will not be liable to provide (and the Customer will not be liable to pay for) any Services unless and until a Contract has been agreed and signed in relation to the Services concerned.
2.2 If a Contract conflicts with the provisions of these Terms then the provisions of these Terms will take precedence unless expressly agreed otherwise by the Club.
2.3 The Club will supply the Services and any Deliverables in accordance with each Contract. Unless otherwise specified in the relevant Contract, all Deliverables will be delivered to the Customer at (and only at) the Sports Centre.
2.4 Unless provided otherwise in the relevant Contract, the Services will only be provided during the Club's normal working hours which will vary from time to time throughout the season. The Club does not have to provide any Services outside its normal working hours unless it agrees otherwise.
2.5 Where it has been agreed with the Customer that Services will be supplied outside normal working hours, then Services supplied may be charged for at a multiple of the Club's normal rates.
2.6 Specific personnel will only be used by the Club if this is stated in the relevant Contract. Otherwise, the Club may use such staff to provide the Services as it thinks appropriate. If specified staff are agreed to be used, the Club will use its reasonable endeavours not to change them in the course of any given project, but cannot guarantee not to do so.

3. Charges
3.1 The Club will provide the Services at its standard published rates from time to time or such other rates agreed specifically with a Customer.
3.2 All Fees shall be payable in advance of the use of the Pitches or Sports Centre unless otherwise agreed by the Club.
3.3 No refunds are payable if Pitches or other Services are not used and any Fees not paid shall nevertheless remain payable.
3.4 The Club may charge interest on all sums outstanding beyond the date on which they are due for payment under these Terms. Interest may be charged on that basis from the date payment was due until the date of payment (including after any judgement has been obtained) at the rate of 1% per calendar month or part of the month.
3.5 Fees specified will not include VAT or any other taxes on supplies and the Customer will pay these to the Club as well as the Fees concerned.

4. Pitch Hire and Sports Centre Hire
4.1 Any Pitch or Sports Centre booking shall be made either on line through the Website or in person at the Sports Centre or by telephone. The Customer shall complete any forms stipulated by the Club from time to time and otherwise comply with the Club's booking process.
4.2 The Customer shall only use the Pitch or Pitches booked and shall not use the Sports Centre or use any of the Club's other facilities unless specifically agreed in the Contract. Customers may use the car park at the Sports Centre and must only park in the designated areas and may not at any time obstruct the ambulance bay.
4.3 When at the Sports Centre and when using any Pitch or any part of the Sports Centre the Customer (and anyone associated with the Customer) shall comply with any safety instructions issued by any regulatory hockey body from time to time and any guidance offered by the Club and shall comply with any instructions whether in writing, on signage or in person given by the Club.
4.4 Pitches must be used for training or matches only and for no other purposes.
4.5 No cigarettes (including ecigarettes) drugs or alcohol are allowed anywhere on the Pitches or in the Sports Centre (other than alcohol served by the Club).
4.6 No food or drink (other than water bottles) shall be brought into the Sports Centre or consumed anywhere on the Pitches or any other part of the Sports Centre unless specifically agreed by the Club.
4.7 The correct hockey equipment, footwear and protective clothing must be used and worn at all times when on the Pitches. Shoes must be cleaned and all dirt and sand removed before entering the water based Pitch areas.
4.8 Customers must supply all of their own equipment. Any supply of equipment (whether sports or otherwise) by the Club at the request of a Customer shall be subject to the terms of a Contract and the limitations on liability in these Terms.
4.9 Hockey can be a dangerous sport and Customers must be aware of the risks involved and are responsible for their own actions and those of their associates. Customers are responsible for their own insurance. Any accidents must be reported immediately.
4.10 The Club provides coaching subject to agreed terms and coaching will not be included with any Pitch hire unless otherwise specifically agreed.
4.11 Music should not be played on the Pitches or elsewhere outside in the Sports Centre unless otherwise agreed with the Club and the Customer shall not at any time cause a nuisance to other users of the Club's facilities or any neighbours.
4.12 No illegal, immoral, immoderate or unsupervised activities shall be carried out by the Customer or anyone associated with the Customer. Gambling of any nature and any other activities requiring a specific licence or approval shall not be permitted.
4.13 No knives, guns or other weapons of any nature shall be permitted anywhere in or around the Sports Centre.
4.14 If anyone under the age of 18 is using the Pitches or any other part of the Sports Centre then they shall be supervised at all times by sufficient suitably responsible adults. Any adult or other person in charge of or in contact with children shall be suitably vetted and it is the responsibility of the Customer to comply with all safeguarding laws and regulations and to have a suitable policy in place for safeguarding minors.

5. Sports Centre
5.1 Customers shall not make any alterations to any part of the Pitches or Sports Centre or make any holes or cause any other damage to walls, ceilings or furniture, fixtures and fittings.
5.2 Customers shall not use gas, electricity or food or drink without the express agreement of the Club.
5.3 After any hire the Customer shall be responsible for clearing away any mess and leaving the areas used in the same condition as when they found them.
5.4 The Customer shall only use those parts of the Sports Centre specifically agreed and if Pitches have not been hired then Customers shall not enter onto the Pitches at any time.

6. Warranties and Other Terms
6.1 The Club warrants that the Services will be provided with reasonable care and skill.
6.2 The Club warrants that in relation to any Deliverables each Deliverable will be free from any material defect of which the Club should reasonably have been aware at the time the relevant Deliverable was supplied to the Customer given the purpose for which it was supplied.
6.3 If any of the warranties in clause 6.1 or 6.2 is breached, the Customer will tell the Club as soon as is reasonably possible. The Customer must give the Club a reasonable time to fix the problem and (if necessary) to re-perform any relevant Services or supply a corrected version of any Deliverable (or in the case of software a corrected version or a practicable way to work around the problem) (together a "Remedy"). This will be done without any additional charge to the Customer. If the Club is able to provide a Remedy within a reasonable time, the Club will have no other obligations or liability in relation to the breach in question.
6.4 If the Club is unable or unwilling to supply a Remedy within a reasonable time, or the Club does not think that it is a sensible way to deal with the problem, then the Club may take back the Deliverables which are the subject of the breach and refund to the Customer the charges actually paid by the Customer in relation to the Services and/or Deliverable(s) which are the subject of the breach. Where the problem relates to a portion of the relevant Deliverable(s) only and other elements supplied are capable of use separately without material detriment to the Customer, the Club may take back (and refund in respect of) affected portions of those Deliverables only.
6.5 The Club is entitled to supply any Deliverables that are supplied to the Customer under these Terms and to allow the Customer to use them in accordance with the terms of the relevant Contract.
6.6 Apart from the terms set out in this clause 6, no conditions, warranties or other terms apply to the Services, the Deliverables or to anything else supplied under this Terms. In particular, no implied conditions, warranties or other terms relating to satisfactory quality or fitness for any particular purpose will apply to anything supplied under this Terms. The Club does not warrant or enter into any other term to the effect that any software will be entirely free from defects or that its operation will be entirely error free.
6.7 The Club will not be liable for breach of any of the warranties or other terms in these Terms to the extent that the breach arises from:
(a) any inaccuracy in any information provided by the Customer;
(b) any misuse of Pitches, internal rooms, equipment or other Club property; or
(c) any abnormal or incorrect operating procedures.

7. Exclusions and limitations
7.1 Neither party's liability:
(a) for death or personal injury caused by its negligence or the negligence of its employees or agents;
(b) under Part I of the Consumer Protection Act 1987; or
(c) for fraudulent misrepresentation,
is excluded or limited by these Terms even if any other clause would otherwise suggest that this might be the case.
7.2 Other than as set out in clause 7.1, neither party shall be liable (whether for breach of Contract, negligence or for any other reason) for any:
(a) loss of profits;
(b) loss of sales;
(c) loss of revenue;
(d) loss of any software or data;
(e) loss of use of hardware, software or data;
(f) loss or waste of management or staff time; or
(g) indirect, consequential or special loss.
7.3 Subject to clauses 7.1 and 7.2, each party's total aggregate liability under each Contract and in relation to anything which the party concerned may have done or not done in connection with the Contract concerned (and whether the liability arises because of breach of Contract, negligence or for any other reason) shall be limited to a sum equal to 100% of the total sum paid or payable by the Customer under the Contract concerned.

8. Confidentiality and Data Protection
8.1 The Club will keep confidential any confidential information which the Customer supplies to the Club in connection with any Contract and the Customer must do the same in relation to any confidential information which the Club supplies to the Customer. Confidential information will include all information marked as being confidential and any other information which might reasonably be assumed to be confidential. The obligations as to confidentiality will not apply to any information which:
(a) is available to the public other than because of any breach of these Terms;
(b) is, when it is supplied, already known to whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others;
(c) is independently obtained by whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others;
(d) is trivial or obvious; or
(e) is required to be disclosed by law or by any court or tribunal with proper authority to order its disclosure (but only to the extent of such requirements).
8.2 In relation to all "Personal Data" (as defined in the Data Protection Act 1998, which also defines "Processing" and "Controller") provided or disclosed by the Customer under these Terms:
(a) the Customer will identify it clearly as such, when this is not obvious, and disclose it to the Club only when reasonably necessary;
(b) the Customer acknowledges that it is the data Controller of such data, and that the Club is only acting on the Customer's behalf;
(c) the Club will:
(i) comply with the Customer's reasonable instructions relating to the security and confidentiality of the Personal Data, and will in any event keep it confidential and reasonably secure from disclosure to unauthorised third parties; and
(ii) Process that Personal Data only in accordance with the instructions of the Customer.
8.3 Each party:
(a) will obtain and maintain all appropriate registrations and consents under the Data Protection Act 1998 in order to allow that party to perform its obligations under this Terms;
(b) will Process Personal Data in accordance with the Data Protection Act 1998; and
(c) will use reasonable efforts to make sure that no act or omission by it, its employees, contractors or agents results in a breach of the obligations of either party under the Data Protection Act 1998.

9. Term and Termination
9.1 The Club may amend these Terms at any time.

10. Consequences of changes
Changes to these Terms will not affect any accrued rights or liabilities which either the Club or the Customer may have by the time termination takes effect.

11. Intellectual Property Rights
11.1 The Customer will not at any time use the Club's Intellectual Property Rights and shall not by virtue of the use of any of the Club's facilities hold itself out as associated with the Club.
11.2 The Customer will indemnify the Club against any loss or damage suffered or incurred by the Club as a result of any claim that the use or possession by the Club in accordance with these Terms of any material supplied by the Customer infringes the Intellectual Property Rights of any third party.
11.3 breach of these Terms.

12. Other Terms
12.1 The Customer may not sub-license or assign any of the Customer's rights or obligations under these Terms or any Contract.
12.2 The Club may sub-contract the performance of any of the Club's obligations under these Terms. The Club may assign any of the Club's rights or obligations under these Terms to someone else, provided the Club tells the Customer in writing if it does so.
12.3 The Club will not be liable to the Customer for any breach of these Terms which arises because of any circumstances which the Club cannot reasonably be expected to control.
12.4 All notices and consents relating to these Terms must be in writing. All variations to any Contract must be agreed, set out in writing and signed on behalf of both the Club and the Customer before they take effect.
12.5 If a party:
(a) delays in enforcing its rights under these Terms (whether in relation to a breach by the other party or otherwise);
(b) agrees not to enforce its rights, or to delay doing so,
then unless the party concerned expressly agrees otherwise, that delay or Terms shall not be treated as waiving the rights of the party concerned.
12.6 Any waiver of a party's rights in relation to a particular breach of these Terms shall not operate as a waiver of any subsequent breach.
12.7 These Terms and any relevant Contract sets out all of the terms that have been agreed between the Club and the Customer in relation to the subjects covered by it. The Customer acknowledges that it has not been influenced by anything the Club has said or done or committed to do, except as expressly recorded in any Contract.
12.8 In the event of any provision of these Terms being held to be void, voidable or unenforceable this shall not affect the validity or enforceability of any other provision of these Terms or of the remainder of these Terms as a whole.
12.9 No provision of these Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone other than the Club or the Customer.

13. Law and Jurisdiction
13.1 These Terms and any Contract shall be governed by English law.
13.2 Both the Club and the Customer submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning these Terms or any Contract but the Club is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights.