Standard Terms of Engagement
Any person (hereinafter referred to as the sub-contractor) engaged by ENGLISH CLASSICAL PLAYERS LTD (hereinafter called the Company) is engaged according to the terms and conditions described below:
- Services:
- That the sub-contractor provides services as agreed between the parties.
- Fees & payment:
- The sub-contractor is engaged by the Company as an independent contractor who is solely and exclusively liable for complying with all applicable local and international laws. Nothing in these terms of engagement should be construed to create a partnership, joint venture, or employer-employee relationship.
- Fees paid to the sub-contractor include all holiday pay allowances and traditional ancillary fees including (but not limited to) porterage, doubling fees, travel etc. That is, the sub-contractor has no right to claim for further payment in respect of any of the aforementioned or for payments towards national insurance, pension contribution, overtime (other than as an agreed additional payment), or any other matter that might be perceived as a cause for further payment.
- Fees may vary for different engagements. The amount payable for each specific project will be notified at the time of engagement. Such notification may be made verbally or via a third party such as a diary service or answering machine.
- The sub-contractor must specify a Bank Account to which all payments relating to the engagement will be credited.
- The sub-contractor must provide any necessary VAT invoice or other necessary documentation relating to entitlement to or amount of payment within seven days of the completion of the engagement.
- Payment of all fees will normally be made within 30 days of the completion of the engagement.
- Force majeure:
- The obligations of the parties shall be suspended and unenforceable for so long as any of the circumstances specified as Force Majeure make it impossible or impractical.
- Force Majeure shall be deemed as an act or event beyond the reasonable control of the parties, against which it is impossible or commercially unfeasible to insure or to claim compensation from a third party for, caused by:
- lightning, flood, storm, earthquake or any other unpredictable freak of nature
- fire, explosion, accident, epidemic
- strike, lockout or other industrial dispute on the part of persons employed by any person who is not a party to this agreement
- riot, war or acts of terrorism
- any act of government or other competent authority
- any other circumstance beyond the reasonable control of the parties and which are not caused by either party.
- Indemnities:
- The Company will make all reasonable endeavours in order to provide a safe working environment.
- The Company accepts no responsibility for personal injury to the sub-contractor or loss of, or damage to property belonging to the sub-contractor.
- The sub-contractor indemnifies the Company against any costs or claims arising from his or her actions where such actions are in any way unlawful or fail to respect any obligation (explicit or otherwise) arising through these terms of engagement.
- Jurisdiction:
- These terms of engagement are confidential, non-precedential and shall be governed by and construed in accordance with the laws of the United Kingdom.
- In case of any dispute which the parties are unable to resolve, the parties shall first seek to engage in arbitration or mediation through a third party. In the case of such process still failing to provide agreement, the matter shall be referred to the jurisdiction of the UK courts.
- If any provision of these terms of engagement is nullified, prohibited by law or judged by a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
- These terms of engagement record the entire agreement of both parties and shall not be added to or amended except by an instrument of writing executed by both parties.
- Engagements in Andermatt – additional terms:
- The sub-contractor agrees not to participate in sports involving risk of personal injury in Andermatt until after the end of all performances and to indemnify the company against any costs arising from failure to adhere to this requirement. For the purpose of this clause, the activities covered are any sport where there is any significant risk of incurring injury including but not limited to climbing, skiing, snowboarding, sledging, tobogganing and ice-skating.
