Hire Agreement Form
BHive Activity Hub, Bowling Harbour, West Dunbartonshire, G60 5AF.
Email:
Telephone: 08700 500 208
Website:
@ScottishCanals
#BHive #BowlingHarbour #CanalMagic
Please complete per participant and in BLOCK Capitals
Date & Time of Hire / Date & Time of ReturnActivity
Full Name
Date of Birth
Home Telephone
Mobile Telephone
Home Address & Postcode
Contact Email
Items Hired#1 / Hire Charge
#2
#3
#4
Total Hire Charge (£)
Card Details
Card Type:Mastercard Visa Visa Debit Maestro
Card Number______Expiry Date______Security Code______
Maestro Start/Valid From date and/or Issue Number______
Is your address EXACTLY the same as appears on your card/bank statement? Y / N
ID Details:____________
ACKNOWLEDGMENT OF RISKS and CONSENT & AGREEMENT TO RELEASE
1. ACKNOWLEDGMENT OF RISKS - I UNDERSTAND AND ACKNOWLEDGE that the BHIVE, the Bowling Harbour and Scottish Canals activities that I (all references to I, me, myself or my, refer to my minor child if I am signing on behalf of my minor child, and to any guests that I invite whether or not they also sign an Agreement) am about to voluntarily engage in bears certain anticipated and unanticipated risks that could result in INJURY, DEATH, ILLNESS OR DISEASE, PHYSICAL OR MENTAL DAMAGE to myself, to my property or to other parties or their property. These risks include but are in no way limited to the following: 1) The risks that are inherent in the activities in and use of the BHIVE, the Bowling Harbour & Scottish Canals 2) The acts or omissions or negligence in any degree of Scottish Canals, or any of its partners, agents, or employees (collectively the “Released Parties”). 3) Latent or apparent defects or conditions in equipment or property supplied by BHIVE, the Bowling Harbour & Scottish Canals or other persons or entities. 4) My own physical condition and skill level or my own acts or omissions. 5) The condition of the canal, and accidents connected with their use. 6) BHIVE, the Bowling Harbour & Scottish Canals provides NO Lifeguards, I and my family will swim at our own risk. I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and the other risks, known or unknown, identified, or unidentified, anticipated or unanticipated may also result in injury, death, illness, disease, or damage to myself or to my property or to other parties and their property.
I am at least 18 years of age, of sound mind and competent judgement, suffering no mental health disability or condition, and not under the influence of any drugs or alcohol at the time of reading and signing this agreement. I agree to follow any and all instructions, rules, regulations, and policy of BHIVE, the Bowling Harbour & Scottish Canals. I am in good health, suffering from no physical disabilities that might impair my capabilities.
Print Name / Hirer Signature / DateTerms and Conditions of Equipment Hire and Usage
1. Hire of Equipment – BHIVE agrees to hire the equipment to the Hirer for the Period on the Date subject to the terms and conditions contained in Agreement in consideration of which the Hirer agrees to pay to BHIVE the Rental/Hire price and any other sums due under this Agreement.
2. Deposit – 2.1 When Booking the Equipment, the Hirer shall pay to BHIVE the Deposit which, subject to clause 2.3, shall be repayable on return of the Equipment of the BHIVE. 2.2 For the purpose of this Agreement the Equipment shall be deemed returned when it has been returned to the location from which it was uplifted (or elsewhere if specified by BHIVE) and safe receipt acknowledged in writing by a duly authorised employee of BHIVE. 2.3 BHIVE shall be entitled to deduct and retain to its own account from the Deposit any sums owed to BHIVE by the Hirer (including without limitation the value of any damage or loss caused to BHIVE by the Hirer).
3. Obligations of Hirer –3.1 The Hirer shall use the Equipment responsibly and maintain it in good condition ensuring that it is returned to BHIVE at the end of the period in the same condition as it was at the beginning of the Period. The Hirer shall be liable for any loss of or damage to the Equipment during the Period of hire. 3.2 If the Equipment is returned to BHIVE after the expiry of the Period the Hirer shall become liable to pay BHIVE a later return penalty fee equivalent to the Hourly Rate for each additional hour, or part thereof, after the expiry of the Period until the Equipment is returned. 3.3 The Hirer expressly authorised BHIVE to charge any sums due by the Hirer in terms of these conditions to BHIVE to any credit or debit card or other payment method details of which are supplied to BHIVE, Bowling Harbour, Scottish Canals, or its agents or employees by the Hirer.
4. Ownership – The Equipment is the property of BHIVE / Scottish Canals and the Hirer shall have no property rights whatsoever in the Equipment.
5. Liability and Indemnity –5.1The BHive is not responsible for the use of the equipment. We only provide equipment to be used under the skills and abilities of the Hirer, we require no proof of ability and offer no advice or instruction in the use of the equipment and how they are to be used.
5.2 The Hirer warrants that he or she is familiar with the use and maintenance of the Equipment and acknowledges that BHIVE has hired the Equipment or location best suited to the hirer’s group. 5.3 The Hirer on this basis and the Hirer expressly acknowledges that BHIVE is providing no instruction or guidance in the use, maintenance of the Equipment by the Hirer. 5.4The Hirer acknowledges that they are responsible for their own safety and that of their group when hiring equipment, which involves inherent risk. 5.5 The Hirer is satisfied with the serviceable condition of the equipment and agrees to return the items on the stated day in the condition in which they received them. Any damaged or missing equipment will be charged to the Hirer’s card for at the full retail price for replacement or repair if deemed appropriate, regardless of how the damage was caused. 5.6 To the fullest extent permissible by law, the Hirer shall be (to the exclusion of BHIVE) responsible for any loss, costs, charges, liabilities, or expenses suffered or incurred by any persons (including BHIVE or the Hirer) through the use or maintenance of the Equipment until the Equipment is returned to BHIVE in terms of clause 2.2 and the Hirer undertakes to fully indemnify BHIVE and keep BHIVE fully indemnified against any and all loss, injury, which arises as a result of the negligence of BHIVE or those from whom it is in law responsible. 5.7 No instruction or advice has been sought or given from The BHive on the use or location best suited to the Hirer’s group. 5.8 The BHive acts in good faith when hiring out equipment and as such expects such from the Hirer. We reserve the right to withdraw and collect our equipment at any point and for any reason during a hire period. 5.9 Nothing in this clause 5 shall relieve BHIVE from liability claimed against it by any person due to death or injury which arises as a result of the negligence of BHIVE, Bowling Harbour, Scottish Canals or those for whom it is in law responsible.
6.Termination and Cancellation – 6.1 If the Hirer is in breach of any of his or her obligations under this Agreement, BHIVE may immediately terminate this Agreement whereupon (i) the Rental, Hiring, or Booking shall become due; (ii) the Hirer shall forthwith return the Equipment to BHIVE; (iii) the Hirer shall be responsible for all cost incurred by BHIVE recovering and repossessing the Equipment.
6.2 If in the reasonable opinion of BHIVE, the Hirer is acting in an unruly manner or acting under the influence of drugs, alcohol, or any other substances, BHIVE reserves the right to cancel the Client’s, the Customer’s, or the Hirer’s hire of the Equipment and the Client, Customer, or Hirer shall have no entitlement to refund of monies paid and shall be liable to BHIVE for any loss or costs arising from such a circumstance.
7. Multiple Hires – If the Hirer is hiring Equipment for the use of any third party, he warrants that he (i) is properly authorised to do so, (ii) shall ensure that any such person shall comply with the terms of this Agreement, and (iii) shall be liable to BHIVE, Bowling Harbour, and Scottish Canals for all actions and defaults of any such person.
8. Miscellaneous – 8.1 This agreement shall be governed by and construed in accordance with the law of Scotland.
8.2 In this Agreement: (i) reference to one gender shall include other genders and the singular number shall include the plural and vice versa and references to person shall include firm, corporations and unincorporated associations; and (ii) clause headings are inserted for ease of reference only and shall not affect the construction of this Agreement. 8.3 The Hirer’s rights under this Agreement cannot be transferred without BHIVE, Bowling Harbour, Scottish Canals consent. 8.4 BHIVE, Bowling Harbour, Scottish Canals may assign to any person or subcontract any of its rights or duties under this Agreement. 8.5 IF BHIVE, Bowling Harbour, Scottish Canals fails to exercise any power or right under this Agreement or delays in doing the same, that shall not operate as a waiver of that power or right nor shall any waiver of a breach of this Agreement operate as a waiver of any subsequent breach.
9. Special Needs – 9.1 BHIVE, Bowling Harbour and Scottish Canals want all individuals to benefit and enjoy the activities undertaken on site, and therefore, it is up to the individual or group leader to notify of any special requirements at the time of booking and/or equipment hire. If an individual needs assistance or has a verified disability, BHIVE, Bowling Harbour and Scottish Canals will seek to offer reasonable accommodation. BHIVE, Bowling Harbour and Scottish Canals reserve the right to make amendments to this and all pervious terms and listed above without notice .
BHIVE, Bowling Harbour, Scottish Canals, 15 Dumbarton Rd, Bowling, Glasgow G60 5AF.
Print Name / Hirer Signature / DateBHIVE Staff Member
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