Abide by the Rules below. Any breakage of below rules may lead to termination of contract without refund.
The Community User shall not use the School for any purposes forbidden by the laws of the United Arab Emirates and shall procure its compliance with applicable laws and regulations at all times for the duration of the Community Use;
Be solely responsible for the cost of any damage to School property (including, for the avoidance of doubt, both real property and chattels), whether caused by (i) the Community User or (ii) persons using the School premises at the request or invitation of the Community User and/or otherwise in connection with the Community Use (“Guests”) (While the School may, at its sole discretion, deduct such costs from the Security Deposit, the Community User shall pay the School for any such damages not covered by the Security Deposit immediately upon the School's request);
Be solely responsible for supervising all Guests. The Community User must take particular care to ensure proper and adequate supervision of children to avoid accident, injury, loss or dam
Not enter the School premises or place any equipment or other property on the School premises before the commencement of the Hire Period without the prior written consent of the School and remove all of its property from the School premises and otherwise ensure the premises is fully vacated to the School’s satisfaction by the conclusion of the Hire Period. If the Community User fails to strictly abide by this clause 3.5, it shall incur the Overtime Charges. In addition, if the premises is not fully vacated to the School’s satisfaction within [1 hour] after the end of the Hire Period, the School may, at its sole discretion, do what it deems necessary to fully vacate the premises (including, but not limited to, removal or destruction of the Community User’s or its Guests’ property), and deduct any costs relating to such removal from the Security Deposit; and
Leave the School clean and tidy and in the same excellent condition it was in prior to such use. Failure to do so may result in the School: (a) barring the Community User from future use of the School, and (b) deducting the costs of cleaning and otherwise returning the School to the condition it was in before such use began from the Security Deposit (While the School may, at its sole discretion, deduct such costs from the Security Deposit, the Community User shall pay the School for any such costs that are not covered by the Security Deposit immediately upon the School’s request).
The First Party will ensure that the School’s facilities are regularly maintained to avoid any disruption to the Second Party. However, the First Party will not be held responsible to the Second Party should the School’s facilities not be available due to circumstances beyond the control of the First Party, such situations to include but not be limited to, power shut downs, emergency closure of any school and loss of use of facility due to the Second Party’s negligence.
The Second Party agrees that should there be a pre-arranged school event, then this event will take priority. The First Party will use best endeavours to inform the Second Party of such pre-arranged school events at the start of each term, failing which in 7 days’ notice of the event, in which case the Parties will work together to make suitable alternate arrangements.
Seek the School’s prior written consent before marketing or communicating to the public information about an organised event at the School.
E-Sports may terminate this Agreement forthwith by notice in writing if the Community User commits a breach of this Agreement which is not remedied by the Community User within 7 days of receipt of the notice identifying the breach and requiring its remedy.
E-Sports reserves the right at any time and by giving 7 days’ written notice to the Community User to terminate this Agreement. If the Agreement is terminated under this clause 2.2, For the avoidance of doubt, the School shall not, upon any termination of this Agreement howsoever arising, be liable to the Community User for any loss of profit, loss of contracts or other losses and/or expenses.
Indemnity. The Community User shall to the fullest extent permitted by law, indemnify, defend and hold harmless the E-Sports, the school and its officers, directors, shareholders, partners, agents, members and employees from and against any and all of its or of third parties’ expenses, demands, claims, damages to persons or property, losses and liabilities (including attorneys' fees) that arise in connection with the Community Use, including, without limitation: (a) death or injury to Guests for any reason and (b) any expenses, demands, claims, damages to persons or property, losses and liabilities (including attorneys' fees) resulting from the E-Sports removal or destruction of property as a result of the Community User’s breach of clause 3.5 above.
Maintenance. A reasonable level of maintenance and cleanliness will be upheld at the facility by E Sports.
Play area availability. E Sports will make sure that the playing area will be fully ready for use from the beginning of the hire period and there will no obstructions in the play area.
Unavailable session. School reserves the right to cancel DUPLAYS activities if it is required for other school activities. Adequate notice will be given where possible. If the facility is not available for use for a session the Community User has hired it, the pro-rated amount for that session will be deducted from the quarterly payment.
Force majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing under this Agreement (other than for delay in the payment of money due and payable hereunder) if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, damage to the School premises, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
No agency or partnership. This Agreement does not constitute an agency, partnership joint venture or other similar relationship between the parties.
Waiver. No failure or delay by a party in exercising any of its rights under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other further exercise of such rights.
Third party rights. Save as expressly set out in this Agreement, a person who is not a party shall have no right to enforce any of its terms.
Assignment. Neither party shall assign or transfer its rights under this Agreement in whole or in part to any third party without the prior written consent of the other party.
Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior and written agreements, understandings and arrangements between the parties relating to the subject matter of the Agreement.
Variation. No variation of this Agreement shall be effective unless in writing and signed by each of the Parties.
Severability. If any provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law or otherwise, such provision (or part) shall to that extent be deemed not to form part of this letter but the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
Notices. Any notice, claim or demand in connection with this Agreement shall be given in writing to the relevant party at the address stated in this Agreement (or such other address as it shall subsequently have notified to the other party in writing). Any notice sent by fax shall be deemed received when sent, any notice sent by hand shall be deemed received when delivered and any notice sent by post shall be deemed received five (5) days after posting.
Governing law and dispute resolution. The Agreement shall be governed by and construed in all respects in accordance with the laws of the UAE. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, any dispute or difference between the Parties which arises in connection with this Agreement shall be submitted to the exclusive jurisdiction of the UAE.