SUBJECT TO CONTRACT HEADS OF TERMS in relation


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SUBJECT TO CONTRACT HEADS OF TERMS in relation to the provision of team base training facilities for the IRB Rugby World Cup 2015 (the ‘Tournament’) FACILITIES REQUIRED

We (the owner/operator of the facilities referred to below) agree to provide England Rugby 2015 (‘ER2015’) at no charge with the exclusive use of the Outdoor Training Venue, Indoor Training Venue, Gym and Swimming Pool facilities listed below for use by teams participating in the Tournament (‘Teams’): 1.

OUTDOOR TRAINING VENUE:



Outdoor Field of Play: o natural grass; o a minimum of one training pitch marked to the required rugby dimensions; o any painted lines that are superfluous to rugby requirements to be completely eradicated; o additional space for scrum and lineout training or a second training pitch; o goal posts to comply with IRB regulations with a minimum height of ten metres; and o able to accommodate perimeter boards (6m x 1m in size) around all sides of the field of play.



Team Room: o a function room required for video analysis, team meetings and refreshments; o tables and chairs for the seating of approximately 60 people; o six trestle tables for the set up of workspaces and refreshments; o fridge; o 10 power sockets; o projection screen and projector.



Changing Rooms: o to accommodate a minimum of 30 people with seating, lockers and hanging space; o in good repair and condition, clean and well decorated; o a minimum of eight shower heads; and o a minimum of four toilets and two urinals.



Physiotherapy and Massage Space: o a private space for two physio and massage treatment tables.



Secure parking: o 52 seat team bus; o kit van; o six car parking spaces for other team support vehicles;

o o

delivery van; and ambulance/emergency vehicles.



Storage: 2 o lockable storage facility of approximately 25m for training equipment (including scrum machine, cones, balls etc).



Medical Treatment Room: 2 o separate room or private screened-off area of approximately 16m located as close as possible to the Field of Play and accessible by stretcher; o ease of access to the ambulance location by stretcher; o two treatment tables separated by a screen, each with lamps for medical examination; o stretcher; o clock; o table and two chairs; o lockable cabinet for medical supplies; and o at least three electrical supply points

2.

INDOOR TRAINING VENUE:



Indoor Field of Play: o exclusive and private use of an area no smaller than the size of one basketball court; o good lighting; o ceiling height sufficient to allow lineout practice; o equipped for basketball or indoor football; and o sprung flooring. Not concrete.



Changing Rooms: o Private changing room with access to showers and toilets.



Physio and Massage: o A private space for the set-up of two treatment beds for exclusive use by the team.



Secure parking: o 52 seat team bus; o kit van; o team minibus; o two car parking spaces for other team support vehicles; and o ambulance/emergency vehicles.

3.

GYM:



Gym:

o o o o o o o o o o o o o o o o o o o o o o

four lifting platforms; six Olympic bars with Olympic plates or rubber coated plates to a total of 1000kg; stretching area; a chin bar; two flat benches (one of which should be a bench press); a glute ham raise; a leg extension; a leg press; a squat support; an incline bench; a flat bench press (each with appropriate weights); a set of dumbbells – must go up to 70kg, in 2-2.5kg increments; four stationary bikes (spin bikes or watt bikes); two treadmills; four rowing machines; four squat racks; hamstring curl; six Swiss balls; three plyometric boxes – 60, 80 and 100cm; six medicine balls – 5kg; assorted stretch bands and cords; ten stretching mats, 2m x 1m; and



Changing Rooms: o Access to changing room, showers and toilets.



Physio and Massage: o A private space for the set-up of two treatment beds for exclusive use by the team.



Secure parking: o 52 seat team bus; o kit van; o team minibus; o two car parking spaces for other team support vehicles; and o ambulance/emergency vehicles.



Medical Treatment Room: o separate room or private screened-off area located as close as possible to the Indoor Field of Play and accessible by stretcher.

PERIOD OF EXCLUSIVE USE

4.

SWIMMING POOL:



Swimming Pool: o Length 25m, depth 1-2m across the pool; o Minimum of 3-4 lanes made exclusively available for team when training.



Changing Rooms: o Access to changing rooms and toilet facilities.



Physio and Massage: o A private space for two (2) physio and massage treatment tables.



Secure Parking: o Team Bus (52 seater); o Kit Van; o Team Minibus; o 2 car parking spaces for other team support vehicles; and o Emergency vehicles.

We agree to provide ER2015, at no charge, with the exclusive use of the Outdoor Training Venue facilities (referred to above) from the date commencing ten days before the scheduled first arrival of a Team until two days after the departure of the last Team (the ‘Exclusive Use Period’). We acknowledge that this could be a period of up to approximately eight weeks if the above facilities are required for the duration of the Tournament. We agree that no other persons shall be permitted to use the Outdoor Training Venue facilities during this period without the prior written consent of ER2015. We agree to provide ER2015, at no charge, with the use of the Indoor Training Venue, Gym and Swimming Pool facilities (referred to above) during such periods as required by ER2015 on each day during the Exclusive Use Period. ER2015 will endeavour to confirm the periods that such facilities are required for use by the Teams with as much advance notice as reasonably practicable. We acknowledge however that the training requirements of Teams may change on short notice (for example, in the event that outdoor training is cancelled due to poor weather conditions) and so we shall accommodate any changes to such periods of use as may be required by the Teams (including, if necessary, rescheduling the use of the facilities by other users). By agreement with the teams, the teams may share use of the Gym and Swimming Pool with other patrons provided that the team have use of the required pieces of equipment in the Gym and 3-4 swimming lanes in the Swimming Pool, their privacy is respected and other patrons do not disrupt their training.

ACCESS AT OTHER TIMES

We agree to provide ER2015, on reasonable prior notice, with access to the above facilities at no charge prior to and after the Exclusive Use Period for the purposes of ER2015 carrying out inspections and planning visits, installing overlay and carrying out alterations required for the purposes of the Tournament.

PREPARATION OF OUTDOOR FIELD OF PLAY

We agree to prepare the Outdoor Field of Play in accordance with ER2015 requirements at no charge, including adopting any recommendations of ER2015’s appointed turf management experts to ensure that the Outdoor Field of Play is of the highest international standards. We agree that no rugby or other sport shall be played on the Outdoor Field of Play for a period of four weeks before the scheduled first arrival of a team and that ER2015 shall not be responsible for the cost of any repair and/or reinstatement of the Outdoor Field of Play required as a result of the training sessions.

REPAIR AND MAINTENANCE

We agree to maintain the above facilities in good repair and condition and clean and tidy throughout the Exclusive Use Period at no charge to ER2015. We will not carry out any redevelopment works or unnecessary works during the Exclusive Use Period and we will carry out, at our own expense, a ‘deep clean’ of all facilities two days before the scheduled arrival of the first team.

‘CLEAN VENUE’ REQUIREMENTS

We agree to provide the above facilities free from commercial branding during the Exclusive Use Period as required by ER2015 at no charge in accordance with the principle that any commercial branding that may be visible to members of the press and media must be removed or covered up. Without limitation, we acknowledge that: 

Outdoor Training Venue – any commercial branding that may be visible on the exterior of the buildings comprising the Outdoor Training Venues must be removed or covered up. The outdoor training pitches and their perimeters (including any perimeter boards) must be free from commercial branding and the exteriors of any associated or adjacent buildings (whether or not used by teams, e.g. clubhouses) must be free of commercial branding. Existing school, club or venue crest or logos may be displayed on the exterior of buildings provided that the crests or logos are free from any commercial element. The interiors of any rooms used by the teams will not be required to be free from commercial branding provided that any such commercial branding is not excessive nor more than usual.



Indoor Training Venue – the interior of the Indoor Field of Play (including all perimeter boards) must be free of commercial branding. Existing school, club or venue crest or logos may be displayed on the interior of the Indoor Field of Play provided that the crests or logos are free from any commercial element. The exterior of any buildings at the Indoor Training Venue will not need to be free of commercial branding. The interiors of any rooms used by the teams will not be required to be free from commercial branding provided that any such commercial branding is not excessive nor more than usual.



Gym and Swimming Pool – the interior and exterior of the Gym and Swimming Pool will not be required to be free from commercial branding provided that any such commercial branding is not excessive nor more than usual. However any media activities in the Gym and Swimming Pool will be required to have an unbranded backdrop to any filming.



Staff uniforms - all uniforms of personnel present within team areas at the Outdoor Training Venue should be free of commercial branding.

STAFFING

We agree to make available for use by ER2015 at no charge all personnel normally engaged in connection with the operation of the above facilities or otherwise required by ER2015 (whether during the Exclusive Use Period or at any other times that ER2015 requires access to the above facilities). Without limitation, sufficient first aid personnel shall be on duty at all times during the use of the above facilities during the Exclusive Use Period.

SECURITY

We agree that ER2015 shall have the right to determine all conditions of access and accreditation to the above facilities during the Exclusive Use Period and that ER2015 shall have the right to require changes to our normal security measures and implement such additional security measures (which may include the installation of additional security infrastructure) as ER2015 thinks fit. We agree to carry out our normal security measures at no cost to ER2015 (subject to such modifications as required by ER2015). To the extent that ER2015 implements any additional security measures or installs any additional security infrastructure, ER2015 shall be responsible at its own cost. No access by the public, media or other persons shall be permitted to the above facilities during the Exclusive Use Period without the consent of ER2015. No filming or spectating of any team activities at the above facilities shall be permitted during the Exclusive Use Period without the consent of ER2015.

OVERLAY

We agree that ER2015 shall have the right to carry out the installation and subsequent reinstatement of such temporary overlay and other works as may be required by ER2015 for the purposes of the Tournament (including, but not limited to, the installation of security fencing around the outdoor training facilities). Any such works may be undertaken by ER2015 outside the Exclusive Use Period.

UTILITIES AND OTHER OVERHEADS

We agree that we shall be responsible at our own expense for the cost of all utilities (including supply and connection), taxes, business rates, insurance premiums and other overheads in connection with the operation of the above facilities (whether incurred during the Exclusive Use Period or at any other times that ER2015 requires access to the facilities) including, without limitation, cleaning and waste disposal. We shall maintain appropriate insurance (including public indemnity insurance) throughout the Exclusive Use Period for the use of the above facilities by the teams. The amount of such cover shall be subject to the approval of ER2015 and we shall be responsible for any increase in cover reasonably required by ER2015.

COMMERCIAL RIGHTS

We acknowledge that ER2015 shall have the exclusive right: 

  





to arrange, conduct or permit commercial and non-commercial photography, broadcasts and audio or audio-visual recordings in connection with the training sessions at the above facilities; to determine all conditions of access to the above facilities during the Exclusive Use Period; to dress the above facilities with Tournament branding during the Exclusive Use Period; (in the event that the name of any of the above facilities are associated with a commercial brand) to give the facilities an alternative name for the purposes of the Tournament; to use and reproduce the name, logo, scenes and images (including architectural features and one aerial photograph) of the facilities referred to above in any form of audio, visual, audio/visual or electronic or digital or internet coverage, promotion or publicity in connection with the Tournament (including match programmes); and to require the above facilities to be provided during the Exclusive Use Period free from any rights or activities or occupiers or incumbents (including leases, reserved seating agreements, supply and merchandising agreements, hospitality agreements and/or any food, beverage and catering agreements).

USE OF TOURNAMENT MARKS ETC

We agree that we shall not use any Tournament logos or marks in any publicity materials, on our website or otherwise, nor seek to create any association with the Tournament, without the prior written consent of ER2015.

PUBLIC ANNOUNCEMENTS

We shall not make any public announcement or press statement in respect of the proposed use of the above facilities in connection with the Tournament or these heads of terms without the prior written consent of ER2015.

CONFIDENTIALITY

We shall keep these heads of terms confidential and shall not disclose them, nor any other related information, to any third parties without the prior written consent of ER2015 save as may be required by law (e.g. the Freedom of Information Act) provided that we shall consult with ER2015 to the fullest extent possible in the event that any disclosure is required by law.

Signed by:

Name:

Title:

For and on behalf of:

Date:

Signed by*

Name:

Title:

For and on behalf of:

Date:

Signed by*:

Name:

Title:

For and on behalf of:

Date:

Signed by*:

Name:

Title:

For and on behalf of:

Date:

*Where your proposal is a joint bid submitted on behalf of more than one organisation, each separate organisation should sign these heads of terms to acknowledge their agreement