SPORTS TALENT TERMS OF BUSINESS
TERMS & CONDITIONS OF BUSINESS IN RESPECT OF SPORTING TALENT
SPRINT MANAGEMENT GROUP LTD T/A Sports Talent trade as an Employment Business in compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (as detailed in Statutory instrument 2003 No. 3319)
If the Sporting Talent do not understand any part of these ‘Terms & Conditions’, please call Sports Talent or seek legal advice before agreeing to them and confirming a booking.
INTRODUCTION
These are our “Terms & Conditions” of business for athletes / sports personalities and sports entertainers (Sporting Talent) seeking work and contracted by Sports Talent (the ‘Company’) within the entertainment / commercial & promotional industries (assignments). You (Sporting Talent) will supply their services to the Company and we will supply to third party clients.
NATURE OF RELATIONSHIP
It is recognised that Sporting Talent have made themselves known to the Company mentioned above, and have provided/undertake to provide the personal details requested by the Company, to enable the Company, with agreement of the Sporting Talent, to introduce, negotiate and secure assignments appropriate to the Sporting Talents’ capabilities, talent and qualifications.
Sporting Talent will provide their services to the Company, who will contract directly with any client for the provision of their services.
These terms of business together with any specific terms the Company agree in relation to each such assignment will be the terms upon which the Sporting Talent supply their services to the Company. The specific terms the Company agree for each assignment will, in these terms of business, be called Terms.
When the Terms have been negotiated and accepted by the Sporting Talent and the Company, the Sporting Talent will be under an obligation to perform at that assignment in accordance with the Terms and to provide their services, through the Company, to the client. The Company will provide the Sporting Talent with written confirmation of the Terms for each assignment they have agreed to undertake. When agreed by the Sporting Talent and the Company, the Terms will be incorporated into these terms of business for the purpose of that assignment.
These conditions apply to all Contracts for hire between the Sporting Talent and the Company, to the exclusion of all other Terms & Conditions you may seek to apply. No alterations or variations the these Terms & Conditions shall be binding on the Company unless agreed in writing by the Company.
SPORTING TALENT RESPONSIBILITIES
Sporting Talent will undertake and perform at each assignment to the best of their ability. In undertaking any assignment the Sporting Talent will comply with the reasonable instructions of both the Company and the client.
Sporting Talent agree that they will refrain from making any adverse, negative or derogatory comments relating to any assignment negotiated by the Company (however minor), in any form, including postings on social networking sites prior to, during or following any assignment negotiated by the Company. Failure to comply may lead to cancellation of future assignments and/or legal proceedings by slandered or libelled parties.
PAYMENT
The Company will agree the fee we pay the Sporting Talent for that assignment as part of the Terms (Fee). Unless the Company agree otherwise in writing, the Company will pay the Sporting Talents Fee within 30 days of the date of the Assignment, and any applicable VAT following receipt of an invoice from the Sporting Talent, less any monies properly due to the Company.
The Sporting Talent acknowledge that the Company will be paid by the client directly for the provision of the Sporting Talents services and that they agree to pay the Company any money paid by or on behalf of the client directly to the Sporting Talent or to any person or entity on the Sporting Talent’s behalf in relation to the assignment. The Company will from time to time agree a minimum level of Fee that the Sporting Talent will be prepared to accept for any assignment and the Company will not, except in exceptional circumstances, refer the Sporting Talent to any assignment where the Fee is less than the minimum agreed.
The Fee is exclusive of VAT. The Company will pay any VAT properly payable on the Fee upon receipt from the Sporting Talent of a valid VAT invoice on or before the date on which the Company would pay the Fee. The Sporting Talent acknowledge that the Company will withhold from the Fee any sums we are required by law to withhold or deduct and pay such withholding or deduction to the relevant authority. In such a case, we will provide the Sporting Talent with relevant documents evidencing the withholding or deduction.
This is a contract for services and not a contract of service (i.e. this is not an employment contract) and it is not intended to form the basis of an employer/employee relationship between the Sporting Talent and the Company. Accordingly, the Sporting Talent is not entitled to any holiday or holiday pay in relation to the provision of their services or their undertaking of any assignment. If the Company are required by law or in any agreement with any union or other body to pay the Sporting Talent holiday pay, the Fee will be deemed to include such holiday pay. The Sporting Talent are responsible for the payment of any tax (whether PAYE or otherwise), national insurance or other payments on the Fee.
CLIENT CANCELLATION
If the Client cancels the contract once signed, the Company will negotiate an appropriate cancellation fee as per below, except when caused by “Force Majeure”.
More than 365 days before event: Nil
Less than 48 hours after confirmation, 8 or more days before the event:Nil
Less than 48 hours after confirmation within 7 days of the event:Full Fee
More than 90 days before event: 60% of full fee
Between 61-90 days before event:80% of full fee
60 days or less before event: Full fee
The Company will not be liable for cancellations by the booking client. Every effort will be made by the company to ensure this does not occur.
The Company will not be liable to pay fees payable in the contract issued to the Sporting Talent, should the Company’s client go into administration or liquidation or become bankrupt, insolvent or anything of the like. The Company will also not be liable for any fees incurred by the Sporting Talent, or the Sporting Talent representatives should they pursue the loss. The Company will, however, make every reasonable effort to do whatever it can to secure as much of the debt as possible.
SPORTING TALENT CANCELLATION
If the Sporting Talent does not honour any assignment and/or comply with the conditions as ‘set out’ within the contract, then this will be seen as a breach of the contract which may result in its cancellation together with cancellation of any further contracts the Company have negotiated on the Sporting Talent’s behalf. Any fees due to the Sporting Talent will be paid appropriate to work already completed only.
Furthermore, if as a result of the Sporting Talent’s failure to honour such an assignment then causes the Company to lose revenue, the Sporting Talent will be required to make good such loss, except where their failure to perform is caused by reason of illness or by “Force Majeure” In the case of illness the Sporting Talent will be expected to provide the Company with a medical certificate within seven days.
PERSONAL DATA, PROMOTIONAL MATERIALS & CONTRACT SUITABILITY
The Company will keep details of contracts, confirmations and/or letters of agreement for work for which we supply Sporting Talent for 1 year after the completion of the relevant Assignment. Such records may be in written or electronic form.
The Sporting Talent consent to the Company processing both the personal information they provided and the information the Company obtain during their appointment. The Company will be required (and the Sporting Talent agree that we may) provide some or all of the personal information that the Sporting Talent provide to the Company to each potential client.
Aside from this, the Company will keep the personal information that the Sporting Talent provided on file and will use it only as necessary to secure work on their behalf. The Company will not otherwise divulge such information to third parties without the Sporting Talent’s express consent except where they Company are required to make any such disclosure to your professional body, required to make any such disclosure by law or as otherwise set out in these terms of business.
The Sporting Talent confirm that they own the rights of any photographs and video that is provided to the Company for publicity purposes. The Sporting Talent provides the Company permission to use images and copy from your personal website to promote to potential clients. The Sporting Talent also confirm that they have written permission of any other athletes / sports personalities and sports entertainers represented by the Sporting Talent to provide photographs / video and relevant and that they own the rights for usage.
The Sporting Talent must be aware that if the Company receive any information about that indicates that they are unsuitable for any Assignment, the Company are under a legal obligation to notify the client on the same day as discovery, or at the latest the next business day and either terminate the supply of their services to the client or to investigate the information the Company receive. The Sporting Talent will on request provide the Company with such information and documents required to enable the proper investigation of such information. Following the investigation the Company, may still be required to terminate the supply of the Sports Talent services to the client. The Sporting Talent will not be paid any Fee for such Assignment.
Please note that in seeking suitable work on behalf of the Sporting Talent, the Company may offer their services to other agencies and, where appropriate, will authorise such agencies to collect any fees payable in relation to any Assignment and pay it to the Company. The Sporting Talent agree that the Company may “sub-contract” our services to other agencies and we will endeavour to ensure that the second agency is ‘suitable’ (as defined by the Regulations). The Company may provide a second agency with your personal details as are required to secure the work in question.
HEALTH & SAFETY
Please note that in seeking suitable work for you we will endeavour to ensure that the client is ‘suitable’ (as defined by the Regulations).
The Company will use our reasonable endeavours to obtain, and make the Sporting Talent aware of, any relevant information and/or issues relating to health and safety and any legal requirements they must comply with in any Assignments the Company supply on your behalf. The Sporting Talent, in turn, undertake to keep the Company fully informed of any aspects of, or changes to, their act or presentation which may have health and safety (or other risk) implications of which the Company should inform potential clients.
It is the Sporting Talent’s responsibility to ensure that their equipment (where applicable) is maintained in a safe condition, particularly electrical equipment which should be PAT (Portable Appliance Testing) certified. It is also the Sports Talent’s responsibility to arrange and keep current the appropriate music licence(s) if they are either playing records or are using music copied to other media for public performances.
The Company’s client as part of their legal responsibilities, must provide the Sporting Talent visiting their premises with Health & Safety regulations together with Evacuation procedures and any other special regulations appertaining to their working / rest areas. This may be done in advance of the booking or on the day.
The Sporting Talent is legally bound to ensure that they fulfil their statutory obligations made under the “Health & Safety at Work Act 1974” and all associated and subsequent Health & Safety legislation, made thereunder or in association therewith, including other applicable legislation that is enforced from time to time.
The client, upon the advice, assistance and co-operation of the Sporting Talent shall provide an adequate and safe performing space. The performing space should include the necessary safety and welfare services and equipment to ensure the well-being of all participants, spectators, support staff and general public. If a situation arises where the public is out of control, the Sporting Talent services maybe withdrawn until the situation is resolved, and resumed at the discretion of either party. This situation and final decision must be discussed with the Company as soon as practically possible.
The Sporting Talent and anyone working on their behalf must follow safe working practices and be competent (trained / experienced / certified) in the work / performance being carried out. The Sporting Talent is responsible for ensuring that any equipment used is in accordance with manufacturer’s instructions and that there are safe and suitable for their purpose, thus ensuring public / child safety. Whenever appropriate, signage explaining manufacturers guidelines must be displayed to ensure there can be no misunderstanding of the manufacturers guidelines. If portable electrical equipment is supplied by the Sporting Talent, then a current PAT tested certificate is required for the booking. No electrical equipment should be used unless by prior arrangement as stated in your booking contract.
Acceptable standard Risk Assessments and Method Statements must be available on request for the entertainment / service you provide, together with COSHH or MSD sheets for any substances used (if applicable). If this information is not available the Company may provide the Sporting Talent with a quote to draw up the required paperwork.
PUBLIC LIABILITY & SECURITY
It is the Sporting Talent’s responsibility to arrange, and keep current, suitable Public Liability insurance. We recommend that this cover should be in the sum of not less than £5,000,000. The Sporting Talent is aware that the Client may require a higher level of Public Liability Insurance dependent on the assignment.
Sporting Talent are responsible for any claim arising from any booking made by the Company as per the written contract.
The Sporting Talent is responsible at all times for their own actions, both verbally and physically. Therefore the Company will not be held liable for any claims or litigation arising from the performance / service provided by the Sporting Talent, or any actions which could be deemed inappropriate or cause offence, including, but not limited to, issues regarding political correctness, racism, sexism or the like.
The Sporting Talent must agree to permit from time to time if circumstances require, the searching of themselves, support staff, their vehicles or property on site or within the vicinity by a member of the venue security / management.
INDUSTRIAL ACTION
If the Company negotiate an Assignment for Sporting Talent and the Company subsequently discover your services will be supplied for that Assignment as a result of a previously engaged Sporting Talent taking part in an official strike or official industrial action at the same Assignment, we are required by law to cancel the supply of your services for that Assignment. In such a case we will not pay the Sporting Talent the Fee.
APPOINTMENT TERMS
The Company’s appointment under these terms of business is non-exclusive and the Sporting Talent will be entitled to appoint other agents on their behalf. The Company do not give you any guarantees as to the level of work or number of Assignments that we will introduce to the Sporting Talent. The Sporting Talent can terminate the appointment by giving the Company no less than 30 days’ notice in writing of their intention to do so.
The Company can terminate our appointment by giving Sporting Talent no less than 30 days’ notice of our intention to stop acting on their behalf. Sporting Talent will not be entitled to terminate these terms of business (or the relevant Terms) in relation to any Assignment for which they have agreed to provide their services.
In the event that the Company have between us, already in existence, and/or later agree, any sort of exclusive, and/or sole representation and/or management agreement which contains different terms of obligation and/or of notice or termination from those detailed in the preceding paragraph then the preceding paragraph shall not and/or shall no longer apply and, specifically, the 30 day notice detailed shall not apply.
If any Assignment requires the Sporting Talent to work with any persons under the age of 18, they will, on request, provide the Company with such additional information as required to ensure that they are suitable for that position.
If any Assignment requires the Sporting Talent to work away from home, the Company must ensure that they and/or the client have arranged suitable travel arrangements. To that end the Sporting Talent will provide the Company with such information as required in relation to those arrangements.
If any provision of this agreement should be held invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.
COURT JURISDICTION
This agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
FORCE MAJEURE
Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these ‘Terms & Conditions’ due to a reason out of its control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), illness or death, accident, war terrorism, epidemic, national calamity, civil commotion, order of Government or Local Authority having jurisdiction in the matter, changes in law or foreign government policy.
In the circumstance of Force Majeure the affected party shall have to prove it, providing evidence that they took out any action to prevent the circumstance from happening.
TERMS & CONDITIONS
If you do not understand any part of the ‘Terms & Conditions’, please consult the Company (Sprint Management Group LTD) or seek legal advice. Once signed the Sporting Talent are bound to all conditions.