MoU's v Contracts

Jerry G · #1 10-01-2019

Hi all,
A general question :- do any of you have 'Contracts' in place with any of your 'users' as opposed to MoU's.
We have been asked to enter into a Contract with one of our users which I am nervous about.
Any 'legal eagles' out there who could give some pointers?
Cheers,
Jerry G
GW43

Duncan Sanders · #2 10-01-2019

Never enter into a "contract" as it then legally obliges you to provide such a service. As the nature of 4x4R cannot be provision of guaranteed service (be it due to responder availability or demand) you don't want to be in the firing line.

Warren Dukes · #3 10-01-2019

What Duncan said....

Dave Green · #4 11-01-2019

Yes, it's very important that you do not commit yourself to something that you may not be able to do (such as provide a defined level of service). It works both ways ie the user is not obliged to call on your services but, if it does, then you are not legally bound to respond. It usually works on a "best effort" basis.

John Kesterton · #5 11-01-2019

Ditto the other replies Jerry. We have several User Services but no contracts. In fact we don't even have any MOU's but that is their choice not ours.
We have previously twice been asked to enter into contracts, both times by sections of the NHS, but declined. They expected a defined number of vehicles as and when they wanted and when they thought necessary.
I agree with the others, don't tie your group to any contract as it could easily backfire.

Steve Wright · #6 23-01-2019

On the topic of MOU's does anyone have one currently in place with their local Police force and SAR team? Would you be willing to send it over so we can have a look in anticipation of preparing our own?

Many Thanks,
Steve HE01

Gareth Batchelor · #7 23-01-2019

As above really, if anyone has any MOU's with their local SAR group that they are willing to share then it would be much appreciated. We are hoping to get a MOU set up with ours and seeing what other groups have existing arrangements then it would be useful. Thank you.

Simon Bentley · #8 30-01-2019

Also only those groups who are CIO's or Ltd Co's can enter into any contract anyway as they are legal entities all the others are not, not even charities.

Dave Green · #9 04-02-2019

I don't believe that's strictly true. An unincorporated organisation can enter into a contract but all its members will be jointly and severally liable for all of its debts. Generally speaking, membership of unincorporated bodies is best avoided.

Jerry G · #10 04-02-2019

Well, another subject where there appears to be differences of opinion!
But apart from the Legal issues, I mailed our National Trustees a week or so ago asking what, if any, was 4x4R UK's policy on this subject, and whether NHS in particular, were approaching other Teams to enter into contracts? This would appear to be a matter where a national approach might be appropriate and in all Teams interest. But I'm afraid I haven't had a reply from our Trustees ....!!