Self-employed brand promoter contract terms and conditions

BACKGROUND

  1. Kreate’s business is in marketing and promotions. Kreate tenders for and is appointed by its clients to complete a project for specific marketing services at certain sites or locations (“the Assignment”).
  2. The Brand Promoter has skills and abilities which may from time to time be available to Kreate (“the Services”).
  3. Kreate and the Brand Promoter agree that if the Brand Promoter offers to make its services available to Kreate and is engaged by Kreate, the terms and conditions in this Contract for Services shall apply.
  4. It is the intention of the parties that when the Brand Promoter provides the Services to Kreate for an Assignment, such provision of Services shall constitute a separate and distinctive engagement under this Contract for Services.  Unless varied or amended or otherwise agreed between the parties under clause 18, these terms and conditions shall apply for each engagement.
BRAND PROMOTER PROVISIONS
  1. Kreate is not obliged to offer work on any Assignment to the Brand Promoter, neither is the Brand Promoter obliged to accept any work offered.  The Brand Promoter is not obliged to make its Services available at any time.  Specifically both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
  2. The Brand Promoter shall act in a professional workmanlike way at all times while carrying out the Services for Kreate.
  3. The Brand Promoter will, if required by Kreate, notify Kreate of the start and finish times of the Services and provide a report to Kreate in a format defined by Kreate after the services have been completed.
  4. The Brand Promoter is free to provide any services to any other party at the same time as being engaged by Kreate and Kreate acknowledges that it will not have first call on the services of the Brand Promoter in priority to any third party.
  5. The Brand Promoter is responsible for providing and meeting the cost of any training necessary to complete the Services, and is advised to ensure that he is suitably trained in advance to undertake Assignments.  Kreate or Kreate’s client may at their discretion make specific training available to the Brand Promoter, but neither is under any obligation to do so.
  6. The Brand Promoter is responsible for ensuring that he has undertaken the necessary police checks to undertake Assignments where such checks are required.  At its discretion Kreate may organise police checks but Kreate is under no obligation to do so.
PAYMENT FOR THE SERVICES
  1. Formal written tenders will not be required.  The rate or fee for the Services will be agreed verbally between Kreate and the Brand Promoter.
  2. The Brand Promoter is not obliged to raise an invoice for the Services. Kreate will provide a pay statement that will act as a self billed invoice..
  3. Any damage to materials or equipment supplied by Kreate which Kreate reasonably determines has been caused by the Brand Promoter, any substitute or hired assistant working for the Brand Promoter, will be corrected by the Brand Promoter at his own cost.
  4. The Brand Promoter is responsible for all his travelling expenses to and from any location where he has been engaged to provide the Services unless it has been previously agreed in writing with Kreate.
  5. As a self-employed individual, the Brand Promoter is responsible for his own tax and National Insurance contributions, and will provide Kreate with details of his self-employed reference number if requested to do so.
  6. The Brand Promoter is not entitled in any circumstances to holiday pay, sick pay or any other payment when Services are not provided to Kreate.
  7. The Brand Promoter is not entitled to participate in Kreate’s grievance and disciplinary procedure.
  8. The Brand Promoter will not be entitled to receive payment for Services that are cancelled.
HEALTH AND SAFETY
  1. The Brand Promoter will comply with all applicable Health and Safety obligations in relation to the performance of the Services.
TERMINATION OF THIS AGREEMENT
  1. This Agreement can be terminated by either party for any reason and without any notice being given.
MISCELLANEOUS
  1. The Brand Promoter confirms that he has read and understood these terms and conditions and has had the opportunity to discuss the agreement with any person or professional advisor he considers necessary.
  2. Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
  3. Both parties agree that unless otherwise stated in this Contract for Services, with the exception of verbal agreements referred to in clause 7 these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
  4. Should Kreate fail to enforce or apply any of the rights that it has under this Contract for Services, it shall not be construed that Kreate approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract for Services in full at any time now or in the future.
  5. The headings used in this Contract for Services are for ease of reference only and are not intended to be interpreted as part of the terms agreed between the parties.
  6. References to the masculine include the feminine and/or plural as appropriate.
  7. This contract is governed by the laws of England and Wales.