البنود والأحكام

General Conditions of Use

1. General

1.1 These conditions apply to each organisation and/or individual (“Hirer”) hiring or using any facility at the Circuit or any part of the Circuit including car parking areas (“Circuit Facility”), unless otherwise agreed in writing by Bahrain International Circuit Company S.P.C. (“BIC”).

1.2 Failure to comply with any of these conditions may result in immediate cancellation of hire or use or refusal of future use.

1.3 The Hirer must signify its complete understanding of these conditions and undertake to comply with them, prior to the use of the Circuit Facility, by the Hirer and its invitees

2. Access

At all times, officials of the BIC and the Bahrain Motor Federation (“BMF”) shall be granted access to all parts of the Circuit, during periods of use by the Hirer.

3. Utilisation of Circuit Facility

At no time shall the Hirer do anything to contravene the terms and conditions of, or endanger, the BIC’s “FIA International Grade I Circuit Licence”.

4. Government Approvals

The Hirer must ensure that all Government approvals and permits, if applicable, are obtained prior to any event organised by the Hirer at the Circuit (“Event”). Evidence must be produced to BIC upon request. BIC will not liable in the event of the Hirer failing to obtain necessary permits resulting in cancellation of the Event.

5. Indemnification

The Hirer must indemnify the BIC, BMF and promoters, sponsor organisations, land owners and lessees and their respective servants, officials, representatives and agents (collectively, the “Associated Entities”) against any claims or actions arising from the Hirer’s use of the Circuit Facility.

6. Public Liability Insurance

The Hirer is required to have and to produce, if requested for the Event, General and Public Liability insurance acceptable to BIC. N/A

7. Site Inspection

Prior to the Event the Hirer can inspect the whole site together with a BIC Representative to check that it is in perfect condition, if he wishes to do so.

8. Disclaimers

The Hirer must sign and ensure that all drivers, participants, officials, attendees have signed the relevant Disclaimer Forms as required by BIC prior to the beginning of any Event which involves the use of the track or any track Facility (“Track Facility”) for any purpose (“Track Event”). Failure to do will result in the non-start of the Track Event

9. Non-Exclusivity

BIC may use any part of the Circuit Facility not being used by the Hirer at BIC’s discretion. N/A

10. Security

BIC will be responsible for providing, at its discretion, adequate security in order to allow visitors, spectators (if applicable), and others full enjoyment of and safety in the Circuit. This will be an additional charge to the Hirer. See also Services Clause.

11. Admission

11.1 The Hirer is responsible for the behaviour of all users of the Circuit Facility during the Hirer’s period of use.
11.2 The Hirer should provide all necessary details of each personnel entering BIC premises for an event to BIC Security for Circuit access.

11.3 BIC reserves the right to refuse admission or eject from the Circuit any person:

(a) whose presence within the Circuit may, in the opinion of BIC, be a source of danger, nuisance or annoyance or otherwise give rise to concerns in relation to safety and security arrangements;

(b) who acts in objectionable, unruly or inappropriate manner and/or fails to comply with any lawful request of BIC’s representatives or officials or any instructions from any police officer or steward;

(c) who is in possession of any article which may be used as a weapon or missile;

(d) who appears to be under the influence of alcohol or drugs;

(e) who is suspected of committing or being likely to commit, or having committed, a criminal offence within the Circuit;

(f) who enters an area prohibited to the visitors or damages, interferes with the property of BIC or anyone else;

(g) who climbs over any fences or other structures without express permission; or

(h) who knowingly acts contrary to any of the BIC’s rules.

12. Food & Beverage

12.1 No Food and Beverage of any kind may be either brought into the Circuit or consumed by the Hirer or any of the Hirers’ associates or visitors in the Circuit during the period of use unless prior consent has been obtained and for which a charge will be made. See Services Clause.

12.2 No Food and Beverage may be brought into the Circuit for sale by the Hirer, unless approved by BIC.

13. Hospitality

Any and every form of hospitality by the Hirer or participants requires the consent of the BIC.

14. Transfer of Use

The Circuit Facility shall not be sublet or sublicensed, and there shall be no transfer of use of the Circuit Facility to other organisations or individuals during the period of use.

15. Use Timing

The Hirer may only use the Circuit Facility within the agreed times of use previously agreed with BIC and shall ensure that full consideration for establishments located nearby is maintained at all times, including during or any after the Event.

16. Sanctioned Events

All Motorsport Events are to be sanctioned by the relevant governing body and run under the appropriate rules. The BIC and BMF reserve the right to ascertain compliance with this condition.

17. Noise Compliance

The Hirer must comply with the FIA and BMF’s Noise Level Management Scheme for the Circuit. The Hirer must monitor noise levels during the period of hire to ensure no vehicle or other noise exceeds the permitted levels, (2/3 maximum revs, 50 cm distance 45 degrees) vehicles may not exceed 105 db + 2 dB tolerance.

18. Safety (only applicable to Track Events)

18.1 All Circuit Facility users shall have a Safety Plan appropriate to the purpose of the use and which complies with all Statutory and Government requirements, incorporating details of safety equipment, identification of potential hazards and operating procedures. The Plan shall be produced if requested by the BIC. BIC reserves the right not to permit and/or interrupt an event with insufficient safety measures.

18.2 The Hirer shall ensure that the public’s safety and access to and enjoyment of the Circuit is not jeopardised notwithstanding that a charge may be levied for access. N/A

18.3 The Hirer may be required by the BIC to submit a written programme of any intended Track Event, names of officials and other organisational details prior to consent for the Event being granted.

18.4 The Hirer must ensure that the person in charge of the Event is suitably qualified, with good organisational and communication skills, has experience in organising and controlling groups of people and events and has sufficient qualified helpers who have been briefed on the tasks they are required to perform at the Event.

18.5 Whenever medical services are required, the Hirer must ensure that BIC instructions are complied with. Refer also to Services Clause

18.6 The Hirer must ensure that all Track users wear suitable safety equipment (e.g. helmet, gloves, overalls/leathers and proper footwear).

18.7 The Hirer must ensure that all vehicles using the Track are of a standard suitable for the purpose. Vehicles in competitions must pass any pre-event check (scrutineering) required by the event rules.

18.8 The Hirer must submit a full report to the BIC if there is a major incident, injury or fatality at the facility during the period of use.

18.9 The Hirer must ensure that no children are permitted on the Pit Wall, or in the Pit Lane, and that nobody stands or sits on top of the Pit Wall.

18.10 Speeding in the Paddock/Pits or into or around the Circuit is not permitted. The speed limit of 30KPH around the non-Track areas of the Circuit and 20KPH in the Paddock/Pit area is to be strictly observed.

18.11 Smoking is only permitted in the designated areas. These are the Lounges, and grandstand areas. The interior of all other buildings are smoke free areas. Naked flames (e.g. barbecues), welding or grinding is strictly prohibited in Pit Lane, the Carports or in the vicinity of vehicles or fuel containers. Cellular phones are not to be used in the vicinity of stored fuel or vehicles being refuelled.

19. Loss or Damage

19.1 The Hirer is responsible for any damage or loss incurred during the period of use of the Circuit Facility. Any damage must be reported immediately to the BIC representative who will assess the situation and authorise the subsequent repairs. All damage repairs or loss costs are the Hirer’s expense, and must be to a standard set by the BIC.

19.2 The Hirer may inspect the Circuit Facility by arrangement with BIC prior to the Hire Period to take note of any existing damage

20. Cleaning

The Hirer must leave the Circuit Facilities used in a clean and tidy condition, or be liable for a cleaning charge pursuant to the cost of cleaning the area. Please refer to Services Clause.

21. Advertising/Branding

21.1 The Hirer must not erect any hoardings or advertising branding matter of any description without the written consent of the BIC. Any approved hoarding or advertising matter must not be placed so as to be visible from outside the Circuit. Failure to comply will result in the removal of advertising material at the expense of the Hirer.

21.2 Should the Hirer wish to publish or print a reference to the BIC or its contact details in any publication or advertisement relating to the Event in it must obtain written permission from BIC prior to doing so.

21.3 The Hirer must ensure that all permanent advertising displayed at the Circuit remains unobscured during the use period.

21.4 The Hirer must ensure that any approved hoarding or advertising branding matter erected by the Hirer is removed, at the Hirer’s cost, within 24 h. of the end of the Event.

22. Photography and Recording

22.1 The use of cameras and film recording equipment at the Circuit and the making of visual representations of the Circuit is either restricted or prohibited altogether. N/A

22.2 The Hirer and its invitees are permitted to take snap shots within the Circuit, but strictly without the use of a tripod and on condition that the photograph or recording is used solely for the private enjoyment of the person taking the photograph or recording.

22.3 Films, photographs and the making of other visual representations, such as drawings, for any commercial purpose are not permitted without BIC’s prior consent and by prior arrangement with BIC.

22.4 Visitors acting in breach of condition 22.3 must deliver up to BIC any films, representations and other recordings to BIC and the visitor assigns (by way of present assignment of future copyright), the copyright in all such items.

22.5 From time to time BIC or other authorized parties carry out photography or make video or sound recording or other visual impressions in the Circuit which may feature visitors. By entering the Circuit visitors agree that BIC or any authorized party may use such recordings and images in perpetuity and for any purpose without compensation or payment of any kind. N/A

23. Construction

No building, improvements, fences or other structures shall be erected, nor shall alterations or additions or removal be carried out to any existing building, improvement, fence or structure without the prior written consent of the BIC.

24. Electrical and Electronic Equipment

No electrical devices will be permitted into the Circuit without prior approval of BIC. In the case of telephone and fax connections, the Hirer must notify BIC in advance of any requirements.

25. Merchandising

The sale of merchandising in the Circuit is forbidden without the BIC’s consent. Please see Payment Arrangement Schedule, Clause 2.

26. Lock Down

All gates and buildings are to be locked on completion of the day’s activities by BIC personnel.

27. Entry Ticket Sales

The Hirer is required to obtain written permission from BIC to charge gate entry and to pay the BIC an Entry Ticket Sale Levy (Please refer to Services Clause). A signed statement of gate income or admission charge must accompany the payment of the Levy.

28. Cancellation

28.1 If BIC has reason to believe that the Event will affect the smooth running of the normal operation of the Circuit, its security or reputation, it reserves the right to cancel the Event without liability.

28.2 BIC may cancel the Event if it reasonably considers that the management or control of the Event is deficient or inadequate and/or the behaviour of the guests or attendees of the Event is such that could lead to danger or injury to any person or material damage to any property, including the Circuit Facility itself.

28.3 See also Payment Arrangement Schedule on Cancellation Charges.

29. BIC Personnel

BIC may require the presence of BIC and BMF Duty Managers. These persons will assist the Hirer with any problems relating to the efficient operation of Circuit facilities and services supplied by BIC. A fee will be charged for this service and this will be negotiated with the Hirer prior to the Event.

30. Services

30.1 In addition to providing the Facility, BIC is able to provide a range of further services including:

 Catering
 Security
 Technical
 Equipment Supply
 Set up
 Pack down

30.2 BIC will discuss with the Hirer the Hirer’s requirements for additional services. BIC will provide the Hirer with a letter (“Offer Letter”) setting out the scope of those services (“Services”) and BIC’s estimated Services Price for the supply of the Services (“Services Price” ).

30.3 On receipt of written acceptance of the Offer Letter from the Hirer, those services become the Services to be provided by BIC to the Hirer in connection with the Hirer’s use of the Circuit Facility.

30.4 BIC will also discuss with the Hirer the Hirer’s Circuit Facility and include an outline of these requirements in the Offer Letter. The outlined Circuit Facility requirements will then be the Circuit Facility requirements that both parties shall work within.

30.5 The Hirer must agree to any changes to the Circuit Facility requirements outlined in the Offer Letter with BIC together with any amended costing. The Hirer should raise any material changes with BIC as early as possible.

30.6 The agreed Services (and the estimated Services Price) can be amended by agreement with BIC, to be documented in a replacement Offer Letter or otherwise in writing.

30.7 The actual Services Price will be determined as set out in the Offer Letter.

31. Jurisdiction

Any contract between BIC and the Hirer incorporating these conditions will be governed by the Laws of the Kingdom of Bahrain.

32. Severance

If anything in these conditions is unenforceable, illegal or void, then it is severed and the rest of the conditions remain in force.

PAYMENT ARRANGEMENT SCHEDULE:

1. Circuit Facility Use & Services Price

The Circuit Facility Price (as shown in the Offer Letter) covers the Circuit Facility use as well as the Services Price.

The Circuit Facility Price is payable as follows:

• Confirmation of a booking must be made in writing within the period specified by BIC and a deposit of 20% of the estimated cost is to be paid within 14 days after signing of the agreement.

 The balance of the Circuit Facility Price (80%), is payable in full, 30 days prior to the commencement of the use Period.

All bookings confirmed less than 30 days prior to the Event require 100% of Circuit Facility Price to confirm the booking.

2. Additional Charges

In addition to the Circuit Facility Hire Price and Services Price, the Hirer will be charged for:

a) any damage to the Circuit Facility or theft of any of BIC’s property from the Circuit Facility during the Hire Period caused by the Hirer or any other breach of these terms and conditions as well as any costs, losses or expenses BIC incurs due to such breach, to be paid upon BIC’s assessment of respective loss;

b) for each hour or part of an hour that the Hirer occupies the Circuit Facility after the end of the Hire Period, to be paid at the completion of the Event; and

c) any change and/or addition that the Hirer requires to make to the Circuit Facility and/or to the agreed Services. In addition to the costs that may apply as a result of these required changes, the Hirer may be charged an additional amount to cover BIC’s administrative costs in making these changes. Charges to be paid at the completion of the Event.

Merchandise:

If the Hirer wishes to sell any goods in the Circuit, it must first obtain BIC’s written approval. An agreed merchandise service fee is to be paid to BIC plus any associated costs of services provided by BIC. A certified return of sales may be required by BIC before the end of the use period in order to assess or verify the charge.

3. SET-OFF AND COUNTERCLAIM

BIC shall have the right to deduct, from any monies due or which may become due to the Hirer, any monies or sums recoverable from the Hirer by BIC in respect of any claim whatsoever arising from or incidental to this Agreement.

4. CANCELLATION

Failure to pay any amount on time shall lead to cancellation of the booking.

For cancellations prior to the Event, the Hirer will also be liable for any Services costs already expended by BIC or which are not able to be cancelled. The following cancellation provisions will apply in any event:

For cancellation

• More than 60 days from the date of the Event, no cancellation charge.

• Less than 60 days up to 30 days from the date of the Event, 50% of the estimated total value of the Event.

• Less than 30 days up to 14 days from the date of the Event, 70% of the estimated total value of the Event.

• Less than 14 days up to the Event, 100% of the estimated total value of the Event.