Outdoor Fitness Conditions and Code of Conduct
Fitness and Sessional Activities held on Stevenage Borough Council Parks and Open Spaces
1. Why is it necessary to have these Conditions?
Capitalised words and phrases used in this code of conduct have the meanings given to them in the Outdoor Fitness Terms and Conditions.
The purpose of the Code of Conduct is:
- To avoid conflict between those undertaking licensed fitness activities in the park, other park users and neighbours.
- To protect the Park.
- To ensure access to and use of public open space is preserved for all visitors.
- To provide the opportunity for visitors to benefit from, enjoy and engage in fitness training in a variety of outdoor environments.
- To work in conjunction with a licence agreement to ensure that fitness operators comply with current health and safety regulation and best industry practice for the safety and enjoyment of all participants
- To ensure that all licensed fitness operators are fully insured and hold liability for participants safety. Stevenage Borough Council accept no liability for any activity related to outdoor fitness training as part of the licence.
2. Stevenage Outdoor Fitness Training: Code of Conduct
The Code
2.1. The Licensee and its Trainers shall not have exclusive rights over any area of the park and shall ensure that right of way is given to other users of the Park.
2.2. The Licensee and its Trainers must adhere to and always comply with the CIMSPA Code of Conduct whilst conducting training sessions within the Park.
2.3. No large items of fitness equipment shall be used in the Park. Only hand-held equipment (e.g. jogging weights, kettle bells and resistance bands) is permitted.
2.4. The Licensee and its Trainers will not leave any equipment or rubbish in the Park following a training session and shall ensure the Park is left in the same condition that it is found.
2.5. The Licensee and its Trainers will comply with all applicable regulations, byelaws, orders, and local restrictions applicable to the Park.
2.6. The Licensee and its Trainers will keep all Park pathways clear and accessible to other Park users, at all times.
2.7. The Licensee and its Trainers will not display, produce, or distribute any sign or advertisement whilst within the Park except to clients undertaking training unless previously approved, in writing, by an appropriate council representative. The Licensee and its Trainers are permitted to wear branded clothing as part of a uniform.
2.8. The Licensee and its Trainers will carry a licence at all times, and shall make this available, on request, to any member of the public or council officer.
2.9. The Licensee and its Trainers will not overuse any particular area of the Park or cause unreasonable wear and tear to the fabric of the Park.
2.10. The majority of parks do not have any toilet facilities. It will be necessary to inform participants of this fact in advance.
2.11. The Licensee and its trainers will provide the council with quarterly figures relating to numbers of participants and their post codes. This information will assist the council in understanding levels formal park use, and where participants are travelling from, which can be used to inform future parks development.
The Licensee and its Trainers are not permitted to use:
- Areas within the Park where training activities would have a negative impact on other park users, residents and other licensed trainers;
- Areas of high pedestrian activity such as pathways;
- Areas clearly marked as sports fields, formal garden areas and other sensitive locations (e.g. waterside areas, play areas, meadow grass and conservation areas);
- Areas of the Park that are exposed, fragile or vulnerable (e.g. waterlogged, obviously worn, or muddy areas);
- Areas closed for renovation, planting or upgrading;
- Any park furniture (signs, seats, and bins, for example), trees, monuments, and bandstand. Trim trails, fixed outdoor gym equipment fixed sports equipment may only be used with prior written approval from the council.
The Licensee and its Trainers are not permitted to operate the following activities:
- Whistles, amplified music, loud shouting or other intrusive, noisy activities;
- Aggressive, intimidating or reasonably noisy training activities that interferes with the comfort of other visitors.
- Use of objects that mark out an area to imply exclusive use.
- Use of objects that damage any part of the Park, such as dragging tyres across grass.
The Licensee and its Trainers must abide by this Code of Conduct at all times while in the Park. Non-compliance may result in your licence being terminated and you being asked to leave the Park immediately.
3. Stevenage Outdoor Fitness Training: Terms & Conditions
3.1 Interpretation
In these terms and conditions:
| Term | Definition |
|---|---|
| Application | means the application form submitted by the Licensee as varied by any amendment agreed by the Licensee and the council or any direction issued by the council. |
| Council | means Stevenage Borough Council and includes any person nominated to act as the council's representative |
| Code of Conduct | means the Outdoor Fitness Code of Conduct |
| Condition | means a clause within these Terms and Conditions |
| Licensee | means the individual or company names as the applicant in the Application |
| Licence Agreement | means the approved Application and these Terms & Conditions and Code of Conduct read together |
| Park | means the parks and other open spaces named in the Licence Agreement |
| Trainer | means the Licensee or individuals employed, engaged, or paid by the Licensee to carry out the training specified in the Application |
3.2 Notices
Any notice to be served on the Licensee shall be sent by letter or e-mail to the contact details set out in the Application until the council receives written notification of different contact details.
3.3 Registration
3.3.1. The Licensee’s application must be approved by the council and a Licence Agreement issued before the Licensee or its Trainers will be permitted to conduct training sessions in the Park.
3.3.2. The Council shall be under no obligation to approve an Application.
3.3.3. The Council reserves the right, when approving an Application or at any time thereafter, by giving written notice to the Licensee, to limit the Licensee’s access to the Park.
3.3.4. Upon approval of the Application the Council will provide the Licensee with a Licence Agreement which the Licensee and Trainers must have available at all times whilst carrying out training’s sessions in the Park and produce upon request by any officer or staff of the Council, or member of the public. The Council will charge a replacement fee of £20 (inc VAT) for each replacement of the letter.
3.3.5. The Licensee acknowledges that:
3.3.5.1 The Licence Agreement does not guarantee that there will be space in the Park for the Licensee or its Trainer to carry out training sessions. The Park may be closed without notice in extreme circumstances, for example extreme weather or unforeseen events. No claim shall be considered under such circumstances.
3.3.6. The Licence Agreement does not grant the Licensee or any Trainer priority over any other lawful user of the Park and that any pitch bookings, events or booked group activities will take priority over the Licensee’s training sessions and the Licensee and its Trainers are expected to relocate if a conflict of interest occurs.
3.4 Licensee Obligations
3.4.1. The Licensee and its Trainers will at all times exercise the rights and duties under the Licence Agreement in a proper and responsible way, having regard to the safety of users of the Park, the Council’s staff, and other third parties.
3.4.2. The Licensee and its trainers shall ensure that all new participants complete a PAR-Q (Physical Activity Readiness Questionnaire) form prior to commencing any classes.
3.4.3. The Licensee and its trainers shall encourage existing clients to update their forms on a biannual basis.
3.4.4. The Licensee and its Trainers will deliver all fitness training within their scope of practice and to a standard acceptable under The Chartered Institute for the Management of Sport and Physical Activity (CIMSPA) and will comply with current national, regional, and local recreation and sport legislation and guidance.
3.4.5. The Council reserves the right to charge the Licensee the cost of reinstating the Park to its original condition where the Licensee or its Trainers damage the Park or Council property.
3.4.6. The Licensee and its Trainers must not cause any annoyance or nuisance or interfere with the reasonable enjoyment of the Park by others.
3.4.7. Before each session, the Licensee and its Trainers will satisfy themselves that the Park is safe, taking into account use of the Park by members of the general public and any other activities taking place.
3.4.8. The Licensee and its Trainers must adhere to and comply with the Code of Conduct at all times whilst conducting training sessions within the Park.
3.4.9. The Licence Agreement does not allow or permit vehicle access into the Park. This condition does not prevent the Licensee or its Trainers from parking in any car park within the Park subject to local parking restrictions and the payment of any parking charges.
3.4.10. The Licensee and its Trainers must only use the Park for the purposes/activities agreed by the Council and, on the days and times, stated in the Licence Agreement.
3.4.11. While on the Park, the Licensee and its Trainers shall comply with any health and safety measures implemented by the Council in respect of users of the Park.
3.4.12. The Licensee shall notify the Council immediately in the event of any incident occurring where that incident causes any personal injury or damage to property, and if requested by the Council shall provide a copy of the incident investigation report if appropriate.
3.5 Council's Undertakings
3.5.1. The Council undertakes to manage the Park and ensure, where practicable, that only groups with a Licence Agreement operate within the Park.
3.5.2. The Council will endeavour to appropriately promote outdoor fitness or associated recreational activities and attractions, within its administrative area, by the appropriate use of media.
3.6 Independent Operator
3.6.1. Nothing in the Licence Agreement shall be construed as creating a partnership, contract of employment or relationship of principal and agent between the Council and the Licensee.
3.7 Indemnity and Insurance
3.7.1. The Licensee shall maintain public liability insurance of not less than five million pounds (£5,000,000). Such insurance must cover any employees / volunteers of the Licensee who will be engaged in delivering training sessions connected to the Licence Agreement. Copies of insurance documents must be submitted with the Application and a copy of the current policy, or policies must be available for inspection by the Council upon request.
3.7.2. The Licensee shall indemnify the Council fully against all claims, proceedings, actions, damages, legal costs, expenses, and any other liabilities in respect of any death or personal injury, loss of or damage to property, which is caused directly or indirectly by any act or omission of the Licensee or any Trainer.
3.8 Termination of Agreement
3.8.1. Where the Licensee or its Trainers is in breach of any term of the Licence Agreement, the Council may issue the Licensee with a written warning.
3.8.2. Where the Licensee or its Trainers:
- Is in serious breach of any term in the Licence Agreement relating to the health and safety of activity participants and/or any other park user, and/or
- Acts in any way that is likely to bring the Council into disrepute, or damage its reputation or interests, and/or
- Has received two written warnings
3.8.3. The Council may terminate the Licence Agreement with immediate effect.
3.8.4. The Council reserves the right to take such other course of action to protect its interest in the Park that it considers reasonable.
3.8.5. Following termination of the Licence Agreement by either party, the Licensee and its Trainers shall no longer be licenced and therefore not permitted to run training sessions within the Park.
3.9 General
3.9.1. Nothing in the Licence Agreement shall render or be deemed to render the Licensee or any Trainer an employee or agent of the Council.
3.9.2. The Licence Agreement contains the entire understanding and agreement between the parties and supersedes all prior representations, documents, negotiations, or understandings. The Licensee acknowledges that it has not entered into the Licence Agreement in reliance upon any representation by the Council or anyone acting on its behalf.
3.9.3. Pursuant to the Freedom of Information Act 2000 the Council is subject to certain legal obligations in relation to public disclosure of information. The Licensee shall co-operate with and assist the Council with any requests for disclosure which the Council receives under the Freedom of Information Act 2000 which relate to this Licence Agreement. The Licensee understands and agrees that the Council may be required to provide information relating to this Licence Agreement or the Licensee to a third party in order to comply with its obligations under these provisions.
3.9.4. Nothing in the Licence Agreement shall fetter the Council in the exercise or discharge of its functions, powers and duties (including, without limitation, the power to close all or part of the Park either on a permanent or temporary basis or to temporarily use all or part of the Park for an event).
3.10 Disputes
3.10.1. In the event that any dispute arises between parties in connection with the Licence Agreement, the parties shall, in the first instance, use their reasonable endeavours to resolve it amicably themselves.
3.10.2. Disputes remaining unresolved shall, if parties agree, be referred to non-binding mediation.
3.10.3. In the event that the parties do not agree to non-binding mediation or if the dispute remains unresolved, the dispute shall be referred to the exclusive jurisdiction of the Courts of England.
3.11 Variation of the Licence Agreement
The Council or the Licensee may propose changes to the scope or terms of the Licence Agreement from time to time. Proposed changes will only become binding if expressly agreed in writing by both parties. The Licensee acknowledges that changes to the scope or terms of the Licence Agreement may require it to pay additional fees and charges.