1. In exchange for your agreeing to the terms set out in this Membership Form and agreeing to any instructions Repair Cafe Wales may give in respect of matters covered by it, Repair Cafe Wales will advise and support you in establishing and operating your repair café.
2. You and we agree to share certain personal data (as further set out at the Data Protection Schedule appended to this Membership Form) with one another. For the purposes of applicable privacy and data protection laws in force in the UK from time to time, including but not limited to the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), the GDPR as it forms part of the laws of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, and the EU Privacy and Electronic Communications (EC Directive) Regulations 2003 (together, the “Data Protection Legislation”), Repair Cafe Wales and you each agree to comply with: (i) our respective obligations under the Data Protection Legislation; and (ii) the terms set out in the “Data Protection Schedule” to this Membership Form.
3. You agree that we own all right, title and interest in and to all content (which includes, but is not limited to, all text, images, videos, and Repair Cafe Wales names and logos) made available or otherwise provided to you by us (together, the “RCW Content”). We hereby grant to you, for as long as you remain a Member of Repair Cafe Wales, a non-exclusive, royalty-free, revocable licence to use the RCW Content for the purpose of advertising and running the repair café at the venue described on this Membership Form. You agree not to use the RCW Content outside of the scope or term of such licence, and shall not, directly or indirectly, apply to register or obtain any registration in respect of any sign or work that is similar to any RCW Content. You shall comply with all applicable laws, regulations, and codes of conduct when using any RCW Content. To the extent that you provide any content to us (including, but not limited to, photographs of any repair café that you run) (together, the “Volunteer Content”), you hereby assign to us, by way of present and future assignment, absolutely and free from any third party rights, all right, title and interest in and to such Volunteer Content, and waive all related moral rights under Chapter IV of the Copyright Designs and Patents Act 1988 (and any similar legislation in any other jurisdiction). You confirm that you have the necessary rights and authority to grant such assignment and waiver, and that our use of the Volunteer Content in accordance with the terms of such licence will not infringe the rights of any third party.
4. The terms set out in this Membership Form are applicable from the date we acknowledge we have accepted you as a Member of Repair Cafe Wales and until such appointment is terminated. Either you or we may immediately terminate your appointment as a Member of Repair Cafe Wales upon giving written notice to the other. If you do not make contact with us for six consecutive calendar months, your appointment will terminate automatically. If you are an Associate Member and your appointment is terminated, we will provide a pro rata refund of any annual contribution you have made towards the Repair Cafe Wales insurance policy (net of any tax thereon incurred by Repair Cafe Wales). However, in any event, you must continue to comply with clause 6.
5. Except to the extent that the liability for damages, losses, costs, claims or expenses (including any indirect, consequential or special loss or damage) (“Loss”) is covered by the relevant Repair Cafe Wales insurance policy as applicable to an Associate from time to time, Repair Cafe Wales or any person connected with us will under no circumstances be responsible for any Loss associated with you running a repair café referenced in this Membership Form. Nothing in this Membership Form shall exclude or limit liability in respect of death, personal injury or any liability that cannot be excluded or limited by law.
6. No variation of this Membership Form (including any information set out by you herein) is effective unless it is expressly agreed in writing by us.
7. We may communicate with you orally and/or in writing (including by e-mail) using the details you provided in this Membership Form or such other details as you provide to us in writing from time-to-time.
8. The rights and remedies provided under this Membership Form are in addition to any rights or remedies provided by law.
9. This Membership Form is personal to you – any rights and obligations cannot be transferred to any other person without our express written consent. No provision is enforceable by a third-party.
10. Nothing in the Membership Form will create any legal partnership or joint venture between us and you.
11. This Membership Form and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales.
12. This Membership Form constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
13. Repair Cafe Wales is a trading name of Repair & Share C.I.C. (company number 11489284) whose registered office is 12 The Avenue, Whitchurch, Cardiff, Wales, CF14 2EG. References to “Repair Cafe Wales”, “we”, “us” and “our” should be read accordingly. References to “you” or “your” are to the person who will become the Member of Repair Cafe Wales.
14. The registered office of Repair & Share C.I.C. (company number 11489284) 12 The Avenue, Whitchurch, Cardiff, Wales, CF14 2EG. References to “we”, “us” and “our” should be read accordingly. References to “you” or “your” are to the person who will become the Member of Repair Cafe Wales above.
Additional terms for Associate Members only
15. You agree to adhere to the terms of the relevant Repair Cafe Wales insurance policy as applicable from time to time. In particular you will: i) notify us immediately of anything which may give rise to a claim under the relevant insurance policy; ii) under no circumstances admit liability or make any other offer, deal or payment in respect of any claim without our express written consent; iii) co-operate fully with any investigation by us and/or the relevant insurer in respect of a claim; and iv) make every reasonable effort to minimise any Loss, damage or liability. A copy of the relevant Repair Cafe Wales insurance policy as applicable from time-to-time is available by clicking here.
16. You must pay the annual contribution towards the Repair Cafe Wales insurance policy within 30 days of the date of the relevant invoice. The cost of the insurance cover will vary from time to time so we will notify you of the relevant sum at the appropriate time. If we do not receive the payment within this time your status as an Associate of Repair Cafe Wales will immediately terminate (even where we have not given you notice in writing) in accordance with clause 4 above.
17. Provided that all the relevant Repair Cafe Wales policies and procedures are followed, each person who volunteers at your Repair Cafe has been engaged with our permission and is under our control. In all other circumstances, no agency relationship exists between us and you and you do not have permission to act on our behalf.
18. In exchange for us arranging the insurance cover, by signing this Membership Form you have agreed to transfer legal and beneficial title in all items used and donations received in connection with your Repair Cafe not already owned or controlled by us to us for zero value. This is a term of the insurance cover given to Associates. However, when this Membership Form terminates, those items and donations still in cash form will automatically transfer back to you or their original owner to be donated to another Repair Cafe or a charitable cause.
Additional terms for Affiliate Members only
19. You agree to maintain public liability insurance with a minimum cover as specified by a Repair Cafe Wales nominated insurance broker. As at the date of this Membership Form the minimum cover required is: i) Public Liability at £5,000,000; and ii) Employers Liability at £10,000,000, but such requirements may be amended by Repair Cafe Wales from time-to- time.
20. You undertake to: i) ensure that each person who volunteers at your Repair Cafe (“Volunteer”) is acting under your authority; and ii) accept responsibility for the action or inaction of any Volunteer as if you had expressly sanctioned such activity or inactivity.
21. You will ensure that appropriate Policies and Procedures are in place and adhered to at all times in respect of any Repair Cafe you operate. Such Policies and Procedures could be those of Repair Cafe Wales or your own appropriate Policies and Procedures. However, appropriate Policies and Procedures will in all cases include adequate risk assessments and health and safety checks.
22. You warrant that the signatory to this Membership Form has full power and authority to sign the Membership Form and so bind you to its terms.
Data Protection Schedule
1. In this Schedule, the following terms shall have the meanings given to them in the Data Protection Legislation: “controller”, “data subject”, “personal data”, “personal data breach”, and “processing”.
2. The personal data shared between the parties will comprise the personal data of volunteers at, and visitors to, the repair café that you operate. The type of personal data, lawful bases for processing, duration of the processing, the nature and purpose of the processing, and the categories of data subject are set out in our “Data Protection Privacy Notice” (available at repaircafewales.org) as amended from time to time (the “RCW Data Protection Privacy Notice”). It is necessary for such personal data to be shared between the two of us in order to allow each of us to perform our rights and obligations under this Membership Form, and to allow us to monitor and administer our network of Repair café’s and to further our community interests (together, the “Data Sharing Purposes”).
3. The parties acknowledge and agree that each is, for the purposes of the Data Protection Legislation, the controller in its own right of any personal data shared or processed by it in connection with this Membership Form.
4. Each party shall: (i) only share and process personal data to the extent necessary in connection with the Data Sharing Purposes; (ii) provide any data subjects whose personal data such party shares with all fair processing information required under the Data Protection Legislation (including but not limited to directing such data subjects to the RCW Data Protection Privacy Notice); (iii) securely delete such personal data in such party’s possession when the processing of such personal data is no longer necessary for the Data Sharing Purposes; (iv) implement appropriate technical and organisational measures to ensure a level of security of such personal data appropriate to the risk, taking into account the state of the art, the costs of implementation, any additional risks posed by the nature of the data subject and the category of personal data concerned (including special category personal data), and the nature, scope, context and purpose of processing; (v) keep confidential and not disclose the shared personal data to any third party (save to the extent permitted under Data Protection Legislation); (vi) not transfer any shared personal data shared outside of the UK (unless otherwise agreed between the parties and in accordance with Data Protection Legislation); (vii) promptly notify the other party and provide details if any shared personal data becomes inaccurate; (viii) without undue delay after discovery, notify the other party of any personal data breach of any shared personal data; (ix) in the event of receipt of a notice, dispute or claim brought by a Data Subject, supervisory authority, or other third party, inform the other party cooperate with it to resolve the matter; and (x) provide reasonable assistance to the other party to enable it to comply with any data subject requests in respect of the personal data processed in connection with this Membership Form and to respond to any other queries or complaints from data subjects under Data Protection Legislation.
5. You shall not do or omit to do anything that would cause us (or our affiliates) to breach our obligations under Data Protection Legislation.
Membership Form Options
If you are an Associate, you will be covered by the Repair Cafe Wales insurance policy as described below. In exchange, you will need to:
Follow our policies, procedures and other guidance (including in respect of risk assessments and health and safety checks)
Pay an annual contribution to the costs of the insurance, as notified to you from time to time. An invoice will be raised for this payment
If you are an Affiliate, you will not be covered by the Repair Cafe Wales insurance policy. This means that you will have to arrange your own minimum insurance coverage (Public Liability at £5,000,000 and Employers Liability at £10,000,000) and confirm to us that you have done so. However, it also means that you do not need to follow all of the Repair Cafe Wales policies and procedures, although you still need to carry out risk assessments and health and safety checks. Further details are set out below.