1. INTRODUCTION
The following are Terms and Conditions governing the use of sporting facilities managed by ESM (“the Facilities”), its website, mobile application and all other ancillary services (“the Services”). By accessing and using the Facilities and the Services, you signify your consent to these Terms and Conditions in their entirety, in addition to any other law or regulation that applies thereto.
2. OBLIGATIONS OF THE ADULT USER
2.1 You hereby declare that:
- You are an adult above the age of 18 years (“Adult User”); and
- The booking has been made for adult use only.
2.2 You acknowledge and agree to abide by the following:
- No alcohol, smoking or vaping of any kind is permitted at any ESM facility, including the on-site car parks.
- While food or beverage may be permitted in the Facilities in limited circumstances, consumption thereof on the actual playing surface, whether indoors or outdoors is strictly prohibited. These are only to be consumed in the designated eating area around the play area.
- Littering is strictly prohibited, please ensure any refuse is properly disposed of in the designated area/bin before leaving.
- Only appropriate footwear should be used on the Facilities. Any footwear that may cause damage to the Facilities and/or injury to the Adult User or any of the participants is strictly prohibited. This includes but is not limited to the use of studded boots on the AstroTurf.
- The Adult User must bring their own sporting equipment to the Facilities as this rental does not include equipment. You are prohibited from using equipment belonging to the school.
2.3 Without deviating from any other provision of the Terms and Conditions, any conduct contrary to what is outlined in the provisions of clause 2.2 may lead to any, a combination of, or all of the following sanctions:
- A fine of up to AED 1,000;
- expulsion from the Facilities;
- cancellation of the contract without a refund;
- Liability for any cost of damages as outlined in clause 2.5 below.
2.4 The Adult User shall not use the Facilities for any purposes forbidden by the laws of the United Arab Emirates and shall always comply with applicable laws and regulations while present at the Facilities.
2.5 The Adult User shall be solely responsible for the cost of any damage to the Facilities and other school property (including, for the sake of clarity, both real property and associated possessions), whether caused by:
- the Adult User; or
- persons using the Facilities at the request or invitation of the Adult User and/or otherwise in connection with the Adult User’s use of the Facilities.
2.6 The Adult User shall pay ESM for any such damages contemplated in clause 2.5 immediately upon ESM's request.
2.7 The Adult User shall be solely responsible for supervising all participants under their booking and must take particular care to ensure proper and adequate supervision of children and/or minors to avoid accident, injury, loss or damage
2.8 The Adult User shall:
- not enter the Facilities or place any equipment or other property on the Facilities before the commencement of the Booking Period without the prior written consent of ESM;
- remove all its property from the Facilities and otherwise ensure the Facilities are fully vacated to ESM's satisfaction by the conclusion of the Booking Period.
2.9 If the Adult User fails to strictly abide by clause 2.8, it shall incur Overtime Charges. In addition, if the Facilities are not fully vacated to ESM's satisfaction within [1 hour] after the end of the Booking Period, ESM may, at its sole discretion, do what it deems necessary to fully vacate the Facilities (including, but not limited to, removal or destruction of the Adult User’s property), and deduct any costs relating to such removal from the Security Deposit.
2.10 The Adult User shall leave the Facility clean and tidy and in the same condition it was in prior to such use. Failure to do so may result in ESM:
- barring the Adult User from future use of the Facility; and
- charging the Adult User for the costs associated with cleaning and otherwise returning the Facility to the condition it was in before such use began.
2.11 The Adult User agrees that should there be a pre-arranged event, then this event will take priority.
- ESM will use its best endeavours, where practically possible, to inform the Adult User of such pre-arranged events, at least 48 hours before the commencement of their use thereof,
- In such instances, ESM will work together with the Adult User to make suitable alternative arrangements, or ESM will issue a credit note to the Adult User, which will be redeemable at any of the Facilities, subject to availability.
2.12 The Adult User is not permitted to organise an event/league or tournament at the Facilities under a standard Booking. All events, leagues and tournaments must go through the ESM Events team which will follow the process of request, quote, contract, delivery.
3. TERMINATION
3.1 ESM reserves the right to terminate this Agreement forthwith, if the Adult User commits a breach of any of the Terms and Conditions set out herein.
4. MISCELLANEOUS
4.1 Indemnity. The Adult User shall to the fullest extent permitted by law, indemnify, defend and hold harmless ESM, the Facilities 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 Adult User, including, without limitation:
- death or injury to Guests for any reason; and
- any expenses, demands, claims, damages to persons or property, losses and liabilities (including attorneys' fees) resulting from ESM's removal of the Adult User or destruction of property as a result of the Adult User breach of the terms herein.
4.2 Maintenance. A reasonable level of maintenance and cleanliness will be upheld by ESM at the facility. ESM will ensure that the Facilities are regularly maintained to avoid any disruption to the Adult User. However, ESM will not be held responsible to the Adult User should the Facilities not be available due to circumstances beyond the control of ESM, such situations to include but not be limited to:
- power cuts;
- emergency closure of the Facilities;
- loss of use of Facility due to the Adult User’s negligence.
- Any other unforeseeable circumstances that may arise.
4.3 Play area availability. ESM will make sure that the playing area will be fully ready for use from the beginning of the Booking Period and there will be no obstructions in the play area.
4.4 No agency or partnership. This Agreement does not constitute an agency, partnership joint venture or other similar relationship between the parties.
4.5 Third party rights. Save as expressly set out above, a person who is not the Adult User shall have no right to enforce any of these terms.
5 LAWS AND REGULATIONS
5.1 These Terms and Conditions shall be governed by the laws of the UAE and the Adult User hereby submits to the nonexclusive jurisdiction of the UAE courts. If any portions of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void parts will be replaced by provisions that are valid and have legal effect.
5.2 All other regulations, as set by the authorities from time to time must be adhered to, including but not limited to the rules pertaining to Covid 19 control.
6 DISCLAIMER
6.1 Every effort has been made to ensure information provided in the Services is accurate and up to date, however, ESM reserves the right to amend, modify, add, or remove portions of information, including these terms at any time. The Adult User’s continued use following such amendments will be deemed to be acceptance of the terms.
7 PRIVACY POLICY
The Privacy Policy can be viewed on all the Services. Alternatively, to view our Privacy Policy please click on the following link: Privacy_Policy.pdf (esm.ae).
8 REFUND POLICY
8.1 ESM will only issue FULL refunds in limited circumstances, such as when:
- a request for cancellation has been sent in writing no less than 48 hours before the start date of the booking. Such a request must include a reason and concomitant proof thereof .
- there is a transaction error while making the payment.
8.2 Should ESM receive the request for refund with less than 48 hours’ notice then no refund will be issued.
8.3 Refunds will only be processed through the Original Mode of Payment.
9 HOW TO CONTACT US
9.1 If you have any questions or queries about the Facilities or the Services, please contact us at play@esm.ae or by postal mail at: ESM Office 405, Detroit House, Motor City, P.O. Box: 392861, Dubai, United Arab Emirates
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