Equipment - Hire agreement

[DeeH]

Has anyone got and willing to share a Hire agreement for those beginners using club equipment.
We presently seem to be without, and my head hurts trying to come up with something that does not seem ridiculous and crude.

[mk1]

Take a reasonable deposit and a weekly/monthly hire charge.

[worthipa]

PM sent.

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[mathewsmainliner]

Hi,

please be careful when renting out club gear, you will be responcable for any equipment failures, and any injuries from said failure.
I hope your insurance will cover you for any claim, or do what we have done, get the hirer to sign a legally binding waiver, that will cover you for any bow,arrow failure that causes injury.

[Grepless]

Originally Posted by mathewsmainliner

Hi,

please be careful when renting out club gear, you will be responcable for any equipment failures, and any injuries from said failure.
I hope your insurance will cover you for any claim, or do what we have done, get the hirer to sign a legally binding waiver, that will cover you for any bow,arrow failure that causes injury.

DeeH - it would be advisable for you to contact the GNAS office and discuss your loan/hires with them and get a view from the official insurers - mathewsmainliner makes a notable point. I have been in discussions with GNAS over something very similar recently and had a very favourable reply - perhaps you could PM me, and I can share some of the background information I have received and see if it is appropriate to your club.

regards

Grep.

[worthipa]

Originally Posted by mathewsmainliner

or do what we have done, get the hirer to sign a legally binding waiver, that will cover you for any bow,arrow failure that causes injury.

No it won't, such waivers are not legally valid under English Law.

Unfair Contract Terms Act 1977

Part I

Amendment of Law for England and Wales and Northern Ireland

2 Negligence liability

(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.

(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.

(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.

In case of an "accident" or "equipment failure" negligence on the part of the hirer would undoubtedly be alleged.

[Hidden Hippo]

I did wonder whether I should bring that up, but decided against it.

However, wouldn't a claimant have an easier action under s9 Supply of Goods and Services Act 1982 Worthipa? Isn't that is strict liability for quality of hired goods?

Edit: Should say what my club does (at home at least, I don't know what the uni club does0 - we let beginners use club equipment for 6 weeks after their course to see if they want to carry on and then they either pay per shoot (£2 I think it is) or get their own equipment.

[Harold's Eye,It wasn't me]

If we are talking only about an extra line fee being paid by a club member in return for the use of a club bow is there in fact any 'third party' as the member is an equal member of the club?

Is this not in fact the same as 'transactions' in a registered social club where for the purposes of alchohol licensing a sale does not actually take place for the purposes of the licensing act. (Yes I know there are special rules for VAT purposes etc.).

In relation to the thread question therefore we merely ask for an extra pound line fee. The bow stays in the club. No written contract / agreements entered into.

I would be happy to be advised on any firm view on this.

[worthipa]

Originally Posted by Hidden Hippo

I did wonder whether I should bring that up, but decided against it.

However, wouldn't a claimant have an easier action under s9 Supply of Goods and Services Act 1982 Worthipa? Isn't that is strict liability for quality of hired goods?

HH, I assume you're assuming that an Archery Club should be defined as a "business" for the purpose of s9 para 2 then?

The original post concerned drawing up a "contract" to cover hiring equipment, and following mathewsmainliner's comment I thought the Unfair Contract Terms Act 1977 was more apposite to the circumstances.

[Hidden Hippo]

I did wonder whether it would be classed as a business as it is a club to which subscriptions are being paid which is hiring the goods rather than an individual hiring them, but I don't think anyone could give you a definitive answer. However, in my opinion, it would probably be easier to prove the club is a business rather than negligence on their part.

Anyway, I think it is unlikely that this situation would occur, but its an interesting question nonetheless.