Terms and Conditions
'Company’ means Dreams Agency Ltd. 'Services’ means the services you are providing as a self-employed contractor. 'Client' means the person, firm or company requesting the services. 'Subcontractor' means you, the person carrying out or performing the services. 'Booking' means confirmation by the company of the services you are providing. 'Fee' means the fees set out in the booking.
By joining the company and accepting a booking, I, the subcontractor agree to be bound by the following terms and conditions: -
2. Conditions Applicable
2.1 These terms constitute an agreement between the subcontractor and the company and they govern all bookings undertaken by you. 2.2 The services will concern the provision of modelling assignments, promotional services, event services, marketing services, security services, stewarding, etc. 2.3 The services will be deemed to have been accepted by you each time you accept a booking with the company. However, no agreement shall exist between the company and you between assignments. 2.4 For avoidance of doubt, nothing in these terms shall render you an employee, agent or partner of the company or the client. 2.5 The booking is not continuous with any previous period of work or booking with any another client. 2.6 You are engaged as a self-employed worker. 2.7 No variation or alteration of these terms shall be valid during the performance of any assignment unless approved by both parties in writing. We reserve the right to vary the terms of any assignment without liability, by prior notice in writing at any time prior to any assignment.
3.1 The company will set my fee rate, which will be inclusive of travel. 3.2 Once I have agreed my booking fee, I will not attempt to renegotiate this. This includes things such as expenses, increased pay, etc. Should I do this then the company may replace me and cancel my booking, without any pay. In addition, after the assignment I may not negotiate buy out fees, appearance fees, featured fees, etc. 3.3 Any uplift in costs (e.g. due to travel) MUST be agreed in advance. 3.4 The company can alter the set fee at any time. 3.5 I agree to work for the set fees. 3.6 I will be informed of my set fees by the company when a booking is accepted.
3.7 I will not discuss fees with clients or colleagues. 3.8 I confirm that I am self-employed, and that therefore all fees to me are paid gross of taxes and National Insurance. To the extent that either the company or client may become liable for such taxes and National Insurance. I hereby agree to indemnify them and keep them indemnified from and against all such liability, and they shall be entitled in satisfaction of indemnity, to make deductions from any money due to me to meet any liability as aforesaid. 3.9 If, following a booking, I am paid in cash, the full amount due from the client, I acknowledge that this sum includes not only my fee but also the company’s fee and commission and undertake to reimburse the company accordingly. 3.10 I acknowledge that your payment terms from your clients are 30 days. Payment will be made to me within 31 days of receiving my invoice. The company must receive my invoice within 60 days of the event, invoices received after this may not be accepted. 3.11 I acknowledge that, whilst potential clients are believed to be reputable and credit worthy, the company does not guarantee and is not responsible for, the payment of fees and expenses in relation to such engagements. 3.12 I expressly agree that the company shall not be liable to pay me should any engagement prove unsatisfactory in any respect. 3.13 I agree that, should I fail to attend a booking once agreed by myself, within 1 working day prior to the day of the actual booking, without reasonable explanation or notification (as deemed by the company) the company may deduct from any monies outstanding to me. Thereby covering the costs incurred by them, to replace me, administer a replacement following my failure to attend or cover loss of income from the client. 3.14 I acknowledge that if I fail to turn up or do not complete my assignment that I will be charged a minimum of £45.00 administration fee and my fee will be forfeited for that booking plus any company or client out of pocket expenses. Also, the company can withhold monies due to me. The company have the right to invoice me for any losses incurred as a result of my actions. 3.15 I acknowledge that I am not to use my phone, tablet or other electronic devices whilst working for the company unless the client or the company request to do so. Should the company receive a complaint regarding unauthorised electronic device use then a £25 deduction of my fee will be automatically applied. 3.16 I acknowledge that if I am late for a booking, I will be deducted an hourly rate. Should I arrive more than two hours late then my fee may be forfeited. A condition of my booking, which I fully understand, is that the Company expects me to arrive at least 15 minutes before my official start time 3.17 I acknowledge that if I fail to complete a booking that the company are under no obligation to pay me any fee in lieu of services. 3.18 I acknowledge that if my services are no longer required for any reason, if I am given less than 24 hours’ notice of my start time, I may be paid 25% of my agreed fee, I understand that this is at the discretion of the company. For cancellations over 24 hours’ notice, I understand no fee will be due to me. 3.19 I acknowledge that if I fall ill during a booking or unable to complete the duties to the client’s reasonable satisfaction then no fee's will be due to me.
3.20 I acknowledge if I fail to carry out the duties as detailed in my booking confirmation to the client’s reasonable satisfaction then no fee will be due. 3.21 If I work past my booked finish time, I may not claim overtime or additional payment without written consent from the company. 3.22 If I am late for an assignment, the company has the right to reduce my pay to reflect the time I have worked. 3.23. If I am late by two hours or more then my entire fee may be forfeited. 3.24 If I arrive on site wearing different clothing (without checking with the Company before your arrival) to that which has been specified in the booking confirmation, then a £25 deduction of my fee will automatically be applied. 3.25 If the client sends me home due to poor performance, behaviour or not carrying out the duties I have been booked for, then an investigation will be opened. The Company will then liaise with me and the client then the Company will make the final decision with regards to my fee. By accepting these terms, I agree to be bound by the Companies final decision. If the Company finds I am at fault then I will not receive any fee for that booking. Please note that the Company will look at both sides equally and will not favour any party. Invoices 3.27 At the end of the event I understand I must email my invoice to firstname.lastname@example.org otherwise this will delay my payment. 3.28 Invoices should be addressed to Dreams Agency Ltd, quoting the relevant contract number that is noted on my booking. I must include my name, address, dates worked, event worked, total amount due and bank details for BACS payment. 3.29 If I do not have a UK resident bank account then payment to me may be made by cheque or PayPal instead if a BACS payment isn’t possible. Any additional bank charges will be deducted from my fee. 3.30 If I supply incorrect invoice details i.e. bank information, it is my responsibility to chase this with my bank. If any of this information is missing it will delay my payment by two weeks. 3.31 Payment runs are only done once a week. 3.32 If I submit my invoice more than once it will delay payment as duplicate invoices go straight into the query system along with the original invoice. 3.33 If I add additional expenses that have not been pre-approved in writing my invoice will not be accepted.
4.1 The company may use any of the images or videos I have supplied on their website or for any marketing purposes. 4.2 I will not tag or upload photographs or videos onto Facebook or similar websites without express permission from the company. 4.3 The company can use any photographs or videos that are taken of me, providing they are only used in a positive manner and that will not cause me any harm. 4.4 Photographs or videos taken whilst wearing the company clothing are the property of the company and I will not use these without express permission from the company.
4.5 The company or the client is hereby granted the exclusive right to use and distribute and allow or license others to make use of and distribute my name, portrait, film, pictures and video in connection with the advertising and/or publicity of me in the fields and in connection with the matters covered by this agreement. 4.6 Photographs, films and videos taken whilst I am carrying out the services I have been booked for are the property of the client &/or the company. By accepting a booking for services I accept this and that I cannot ask for additional fees. This includes any forms of media. 4.7 I may not send or authorise use of any images or video taken whilst working for the company to other similar agencies.
5.1 I undertake to be available and will abide by the terms agreed between the company and client and provide the services as details in my booking. 5.2 From time to time I may notify the company of my non-ability for work, or of particular clients for whom I do not wish to work. 5.3 Once an offer has been accepted in respect of my services, I shall faithfully carry out all my obligations agreed to by myself at point of booking. 5.4 In event of my failure to carry out a booking according to the professional standards I agree to abide by such terms as may be re-negotiated between the company and the client. 5.5 I acknowledge that, at my own expense, I must keep available and in good condition a full range of clothes, accessories, protective equipment etc. in accordance with reasonable requirements 5.6 As a subcontractor I understand it is my responsibility to ensure I have the necessary insurance cover. I may have to provide evidence of insurance if requested. 5.7 I understand that once I have arrived ay my booking that I am under the supervision of the client for the entirety I am providing services as booked. The client is responsible for my welfare and made aware of any health and safety/risk assessments that may be required. If I feel that my welfare is compromised then I must report this to the client immediately. The company cannot be held responsible for any incidents or injury whilst carrying out the services whilst under the supervision of the client (this also applies if the client is not on site). 5.8 I agree to provide at my own expense such materials as are deemed necessary for the provision of the company services to the client. 5.9 I acknowledge that I must not take-home clients clothing or equipment. Should this happen then I must return items to the client at my own cost. No payment will be made until items are returned. 5.10 I agree that I am responsible for my own valuables whilst carrying out services. 5.11 It is understood and agreed that the company is acting as a personnel manager only and does not operate as an employment agency. 5.12 I agree only to work times and carry out duties as detailed in my booking confirmation. Any changes to this must be notified and agreed in writing to the agency. 5.13 I will not approach the company’s clients or potential clients to work for directly.
Likewise, I will report to the company director any client who approaches me directly to work outside of the company. 5.14 I hereby authorise the company to sign any written documents relating to the above. I confirm that I will not sign any documents relating to bookings from clients without first consulting the company. 5.15 As a self-employed contractor I understand that I am not entitled to any length of break. The company, however, advise their clients to give me breaks based on the following… o Staff hired up to 4 hours – No break o Staff hired up to 6 hours – 20-minute break o Staff hired up to 8 hours – 30-minute break o Staff hired 9 hours or more – One 30-minute break followed by one additional 10 minute break. 5.16 It is my responsibility to arrange breaks with the client at the start of the assignment. 5.17 As a self-employed contractor if I take a break which is longer than the time agreed by the client then I will be deducted, I am only paid for the time I work. 5.18 Lone Working – I understand that if I am working alone then I am responsible for my own health and safety. However, I must contact the agency when I arrive and when I leave at the end of my shift. 5.19 Equipment – I understand should the client provide me with equipment to use to carry out my services the onus is on me to ensure that I have had the required training/brief from the client to use equipment safely. I understand that I am not to carry out manual working unless I have agreed this directly with the client and they/I have the required insurance cover. 5.20 I accept that should I participate in any illegal activity or act in an unprofessional manner during the period of the assignment and these actions prejudice your relationship with your client resulting in them cancelling any future assignments or refusing to pay for their promotion, my fee will not be paid but forfeited to offset the losses incurred to Dreams Agency or any of its affiliates. 5.21 I confirm that I am legally entitled to work in the UK. Also, as I am an EU national I confirm that I hold the correct visas to work in the UK as a self-employed contractor. I can provide the required documentation if required. 5.22 I confirm that I have read, understood and will abide by the Terms and Conditions stated above.
6. General Data Protection Regulation – Data Protection
By accepting a booking with Dreams Agency Ltd you agree to be bound by the General Data Protection Regulation (GDPR). As a subcontractor you still have to be responsible for a number of obligations. • When you are working for Dreams Agency Ltd as a contractor/supplier/subcontractor you may be required to collect data or be exposed to data. • You may only use the data only in accordance with formal instructions, your booking confirmation. • You must respect the confidentiality of the data. • You must always have an adequate level of data protection, e.g. the data is never left unattended during breaks, etc. • You must inform Dreams Agency Ltd immediately in the event of a data breach. • You must make sure that all data is passed onto our client at the end of your booking. Data must not be passed on to third parties unless the client or Dreams Agency Ltd has given its consent. • Dreams Agency Ltd and the client you are working for reserve the right to monitor the proper performance of the contract by carrying out assessments or audits