Article 1: Definitions
- Rescue Brigade Netherlands
National umbrella organization of Rescue Brigades, statutorily Royal Dutch Association for Rescuing Drowning Persons (KNBRD).
- Regional Provision of Rescue Brigades (RVR).
Partnership of rescue brigades on the scale of the Safety Region.
Association affiliated with Reddingsbrigade Nederland, with objective to prevent (preventive) and combat (repressive) drowning and provide assistance to those in need.
The party or parties, both natural and legal persons, who, whether or not through an agent, enter into an agreement with the contractor to which these terms and conditions apply.
Reddingsbrigade Nederland or the RVR or one or more local Reddingsbrigades and the persons who perform (volunteer) work on behalf of the Contractor for supervision and assistance at an event and/or offer and provide advice and/or additional work.
Principal and Contractor.
The assignment agreement, within the meaning of Article 7:400 et seq. of the Dutch Civil Code, between the client and the contractor, of which these terms and conditions form part.
The event organized by the client that takes place during a specific time period in/on a (usually) bounded and (possibly limited) publicly accessible facility or site.
- Deployment in event monitoring
Deployment of security tasks by the contractor regarding supervision (prevention) and assistance (repression) and/or advice.
All persons, who are registered as participants with Client at the event.
The financial compensation that the Parties agree upon and record in the Agreement.
All spectators and/or visitors present at the event, as well as all other persons present at the site of the event.
Article 2: General
- These General Terms and Conditions apply to the Agreement between Client and Contractor.
- These General Terms and Conditions may be deviated from by the Parties only by mutual agreement, whereby adjustments and/or additions are valid only if they have been recorded by the Parties in writing.
- If Client has declared its own General Terms and Conditions applicable to all its orders and/or agreements, these General Terms and Conditions shall prevail.
- Should these General Terms and Conditions conflict (in part) with the content of the Agreement, the content of the Agreement shall prevail.
- Legal personality
- Agreements with Reddingsbrigade Nederland are entered into by the Client with the legal entity Koninklijke Nederlandse Bond tot het Redden van Drenkelingen (KvK number 40531336).
- Agreements with the Regionale Voorziening Reddingsbrigades (RVR) are entered into by the Client with the legal entity Koninklijke Nederlandse Bond tot het Redden van Drenkelingen (KvK number 40531336).
- Agreements with the Reddingsbrigade are entered into by the Client with the local association(s), in this case the Vereniging met volledige rechtsbevoegdheid Noordwijkse Reddings Brigade and corresponding legal entity (KvK number 40445272).
- Assumption of a supervisory assignment
- The Contractor shall be bound to perform the assignment only after final acceptance of the assignment, for which written confirmation shall be issued. Due to the voluntary nature of deployable manning, a supervision request must be submitted no more than 3 weeks prior to the start of the event.
- Exceptions to Article 2.3 a shall only take place with the consent of the Contractor and may have special conditions that must be agreed upon in writing.
- The Contractor is free to make use of third parties (mostly other rescue teams) for the execution of the agreement, provided that the people are qualified in accordance with these general conditions and the applicable field standard event care.
Article 3: Execution of the agreement
- Contractor has full control over how it deployment in event monitoring performs, with the understanding that the Contractor shall at all times comply with governmental regulations applicable to deployment in event supervision.
- Contractor shall perform the agreement to the best of his ability, taking into account the specific requirements of professionalism involved in event supervision.
- For the Contractor, the (own) safety of its employees is paramount at all times. If the circumstances, in the judgment of the Contractor, are not found to be safe enough to provide or continue to provide the agreed deployment, the Contractor may terminate it on its own authority (prematurely).
- The Contractor focuses primarily on the Participants in the Event, but will also provide aid and assistance to the Public at the Event as circumstances require, to the extent it can reasonably be expected to do so.
- The Contractor is entitled to engage third parties for the full or partial execution of the Contract, which in principle means other Rescue Brigades. The operation of Article 7:404 of the Dutch Civil Code (execution by certain persons) is expressly excluded.
- The Contractor shall, within the limits of its possibilities, arrange for replacement if (further) performance of the Agreement is disrupted by, for example, material failure and/or illness, accident or injury of one or more employees of the Contractor.
- The Parties shall only make announcements to the media and third parties regarding the performance of the Agreement after consultation between the Parties
- Incidents occurring at the time of the Agreement will only be communicated, after consultation between the Parties.
- Prior to an event, the Contractor, in consultation with the Client, will make arrangements for mutual communications (connections) related to the supervision and emergency response task.
- Contractor is free to communicate, share information and consult with other emergency services to further coordinate supervision and assistance.
- Designation and advice
- Contractor will advise Client during the course of the Agreement, solicited and unsolicited, regarding the safety of the Event.
- Contractor shall report to Client issues regarding inadmissible behavior and/or behavior that causes or may cause trouble by Participants and/or Audience, including, but not limited to, excessive alcohol use and drug use.
- Client shall announce to Participants and Public that instructions given by Contractor to promote safety are to be followed.
- The Client is responsible for obtaining any necessary irrevocable permits and/or exemptions related to the event.
- Client shall provide a copy of the permits and/or exemptions to Contractor upon request.
- If required, the Contractor shall act as a contact person with the relevant government agencies as it relates to the agreed deployment in event supervision.
- Contractor undertakes that equipment and persons deployed by it are adequately insured.
- Client shall be deemed insured for the risks associated with the performance of the event.
Article 4: Man and material
- For the performance of the Agreement, the Contractor itself chooses the material and persons to be deployed by it related to the content and scope of the Event.
- Related to the content and scope of the Event, the Contractor shall deploy a sufficient number of persons for supervision and assistance that meet the training and competence requirements of Reddingsbrigade Nederland.
- The Contractor is entitled to have (additional) persons in training (aspirants / junior lifeguard), under the direct responsibility of the rescue unit leader, participate in the performance of the Agreement.
- Materials provided by Contractor to Client shall be returned in the same condition after use.
- The persons to be deployed by the Contractor shall wear recognizable (uniform) clothing according to the Contractor's clothing line during the performance of the Agreement.
- All persons taken aboard a vessel of the Contractor shall wear a life jacket. Client shall support instruction in this regard to persons directly and indirectly involved and shall provide life jackets as necessary.
- Name usage, sponsorships and promotional activities
- The Client accepts that clothing and/or materials of the Contractor may bear sponsor statements. If these sponsor displays are at odds with obligations that the Client has entered into with its affiliated sponsors, it will be determined in consultation how to deal with them.
- The Contractor is permitted to use name and description and pictorial material, free of rights, of the performed deployment at event supervision for its website and/or other promotional communications.
- Parties are not permitted, without prior written consent of the other Party, to use the protected logo of the Rescue Brigade.
- If the supervision assignment falls in a time window in which lunch or dinner must be facilitated, this will be at the expense of the event organizer. If this is not arranged, the Contractor will take care of this and charge the costs involved to the organizer.
- The time window lunch is between 12:00 and 13:30, and the time window dinner falls between 17:00-19:00.
Article 5: Restriction of deployment in event monitoring and force majeure
- Reducing deployment in event monitoring.
- The commitment to event surveillance is limited to the effort to perform the safety tasks listed in the Agreement.
- Under no circumstances shall deployment in event supervision consist of getting involved in any way in political or similar disputes or getting involved in disputes between Client and one or more Third Parties or similar activities.
- The Contractor reserves the right to limit or terminate deployment at event supervision if, in the Contractor's judgment, the circumstances unacceptably endanger the safety of Participants, Audience, Client and/or the Contractor's persons deployed by the Contractor whether or not as a result of force majeure (see also: art. 6.2).
5.2 Force majeure
- Force majeure shall mean all circumstances, foreseen and unforeseen, as a result of which Contractor is unable to fulfill all or part of its obligation and which cannot be attributed to Contractor.
- Force majeure shall in any case include extreme weather conditions as well as forms of (imminent) danger and the measures taken by the government and/or third parties to avert or limit the imminent danger.
- Force majeure also includes the situation in which the rescue units of the National Rescue Fleet are called up for deployment on the authority of Reddingsbrigade Nederland in the event of a (threatening) flood disaster.
- In case of force majeure, the Contractor is authorized to terminate or suspend the performance of the Agreement without legal intervention, without any obligation for the Contractor to pay damages.
- If the Contractor has already partially fulfilled its obligation when the force majeure occurs, the Client is obliged to pay the part of the Agreement already performed proportionately.
Article 6: Cancellation and suspension
- Cancellation by the Parties shall be in writing. No rights can be derived from a verbal cancellation. One can only speak of cancellation when it is received by the other Party.
- In the event of cancellation by the Client, the Client is liable to pay the Contractor 50% of the Price if cancellation takes place up to 2 weeks before the agreed first date of performance of the Agreement. If the Client cancels the Agreement thereafter, the Client shall owe the Contractor 100% of the Price.
- If the Client postpones the Event, this will be considered a cancellation, unless a new date is mutually agreed upon between the Client and the Contractor on which the Event will take place.
Article 7: Quotation and Payment
- All quotations by the Contractor are without obligation unless the quotation specifies a deadline for acceptance. If no deadline for acceptance is specified by the Contractor, the tender expires 30 days after the date of the tender.
- All specifications offered by Contractor in support of quotation are in the nature of approximate indications and are only binding if expressly agreed upon in writing.
- Acceptance of the offer is made by written confirmation by the Client.
7.2 Expense reimbursement and payment
- Client is obliged to pay the invoice within the specified payment term, if this term is not given, the payment term is 30 days.
- If no payment has been made within the stated period, the Client shall be in default by operation of law and without further notice or notice of default, shall owe statutory interest on the invoice amount from the expiration date of the invoice.
- If the Contractor has a well-founded fear to believe that the Client will not (be able to) fully comply with its obligations, the Contractor is entitled to demand security by requiring advance payment of the Price or to suspend or cancel the performance of the Agreement (see further art. 6).
- Client shall be required to reimburse all reasonable costs incurred by Contractor in obtaining satisfaction.
Article 8: Duration and termination of the agreement
- The Agreement between the Client and the Contractor is for a definite period and ends when the Parties have fulfilled all obligations arising from the Agreement.
- If either Party so desires, the cooperation shall be evaluated within two months after the end of the Agreement. The evaluation points are hereby recorded in writing.
Article 9: Dissolution
- Each of the Parties has the right to terminate the Agreement immediately without judicial intervention if the other Party, even after a written notice of default in which a reasonable period for remedy has been given, fails to fulfill or properly fulfill the Agreement.
- Notice of default is not necessary if it has been conclusively established that the other party cannot perform (in a timely manner).
- Dissolution does not affect other remedies, including the right to claim damages.
- Each of the Parties is entitled to dissolve the Agreement with immediate effect in case of bankruptcy or suspension of payments of the other party, or in case the Natural Persons Debt Rescheduling Act is applied to the other party.
Article 10: Modification of the agreement
- The parties may amend or supplement the Agreement only by mutual agreement. Such amendments and supplements shall be in writing.
- If, during the performance of the Agreement, it appears that for proper performance it is necessary to change the work to be performed, the Contractor will inform the Client as soon as possible.
- If the amendment or supplement to the Agreement will have financial, qualitative or quantitative consequences, the Parties will timely and by mutual agreement adjust the Agreement accordingly.
Article 11: Liability and indemnification
- The Contractor is not liable for damages resulting from an event related (directly or indirectly) to force majeure (see also Article 8).
- The Contractor shall not be liable for damages resulting from urgency demanded by circumstances, except in the event of gross negligence or willful misconduct.
- Contractor is not liable for the consequences of the inaccuracy, incompleteness or delays of data provided by Client.
- Contractor's liability shall be limited to no more than the amount paid by Contractor's insurance company.
- If the Contractor's insurance company does not pay out for any reason, liability is limited to the agreed upon expense allowance.
- Client shall indemnify Contractor for claims by third parties, Participants and Public against Contractor in respect of loss of or damage to persons, materials and property in relation to deployment by Contractor in event supervision.
- Client shall indemnify Contractor against all claims related to failure to obtain the necessary permits and/or exemptions and/or improper compliance with the conditions and/or applicable regulations imposed thereby.
Article 12: Intellectual property and confidentiality.
- The documents provided by Provider to Principal, such as consultancy reports, situation descriptions, drawings, schedules and the like, remain (intellectual) property of Provider. The documents in question are exclusively intended to be used by the Principal for the event for which the deployment is offered and may not, without the prior written consent of the Contractor, be reproduced, made public and/or brought to the notice of third parties.
- The parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if it has been communicated by a party or arises from the nature of the information.
Article 13: Complaints and disputes.
- Complaints about the performance of the Agreement must be reported by the Parties to the other Party in writing, describing the nature and extent of the complaint, within one week (7 days) of the termination of the Agreement.
- If disputes arise between the Parties as a result of the Agreement, they will be settled by a court of competent jurisdiction.
- Notwithstanding the provisions in b. above, Parties shall in principle try to resolve the dispute by mutual consultation. If desired by the Parties, with the engagement of a mediator to be appointed by mutual agreement.
Article 14: Applicable law
The agreement entered into by Client and Contractor shall be governed by Dutch law.
Rescue team Noordwijk
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