LET'S CIRCUS LLP:
Standard Terms & Conditions for Engagement

Let's Circus usually enters into Client contracts with the following Terms and Conditions. These may change through negotiation depending on the nature of the event or project. Sub-contracted Artists may be contracted in to help provide the service. They will be contracted in on similar Terms and Conditions.

SAMPLE CONTRACT

Let's Circus (the performer) will agree to provide a service. (Dates, tasks, Duties, Location will be listed.)

It is agreed that 'Client' will provide the following technical and logistical requirements: Location, Action, Accommodation, Travel, Etc will be listed.

Agreed Fee: (will be stated) and VAT status will be explained.

The Performer will endeavour to deliver their Service within budget. However expenses incurred as the result of extra client tasks or requirements may incur further costs. If this looks likely then the performer will communicate with the client. Likewise if the client requires extra tasks they should seek advise from the performer who will advise as to budgetary implications: Eg: If client is responsible for vehicle access to a site for loading and subsequent parking penalties are incurred then these costs would be charged to the client.

Payment Terms

Our terms of employment may include a deposit, phased payments or full payment due 30 days from date of the invoice or event completion.

Notes to this agreement

The performer and the client agree to act in good faith and to communicate fully with relation to providing the service and to respond to reasonable requests for flexibility with the intention to make the performance of the service successful and safe.

Insurance

The performer shall indemnify and keep the client indemnified against any loss, damage or liability suffered by the client resulting from any act, neglect or default of the performer, its employees or agents. The Performer has PL and Employers Liability Insurances, as do sub-contracted artists/technicians.

Anti Discrimination and Protection

The performer will not discriminate on grounds of race, creed, age, ability, sexuality or any other ground. The performer holds that all should be treated with respect, fairness and equality. Where the service relates to vulnerable people, the performer will ensure that individuals are suitable and comply with child protection standards. The client will assist the performer by notifying them of any special issues which will impact on the performer in delivering their service.

Health and Safety

Both the performer and the client will co-operate to comply with Health and Safety regulations, each looking after their own areas of responsibility and where there is cross-over. The performer will risk-assess their service. The performer reserves the right to withdraw their services, without penalty, at any time if the task is deemed unsafe.

Termination

Note - Performance commencement date will be stated.

If client terminates this agreement it may do so in writing at anytime, however, there will be payment ramifications resulting from such. If cancelled/postponed on 30 days notice prior to performance, the following cancellation fee will be due: 50% of full fee or all expenses reasonably incurred/contracted plus 50% of artists performance fees which ever is the greater.

If termination occurs with less than 14 days notice of performance then 75% of full fee or expenses to date plus 75% of Artists fees, whichever is greater will become due.

If client termination occurs with less than 7 days notice then the full agreed fee will be due.

Notices shall be written and should be delivered in person, by fax or by registered post to the other party - if by post then notice date is on receipt (2 days after posting).

Cancellation

If there are adverse weather conditions affecting the performance then the viability of the performance will be assessed and agreed between the performer, the client representative, or other representative directly responsible for health and safety, of paramount importance will be the safety of personnel, the public and property. If the performance is cancelled - full fees will be payable to the performer. The performer will remain on-site and should weather abate endeavour to reschedule performance in order to make the best of a bad situation.

Cancellation due to Force Majeure - national emergency, war, prohibitive government regulation, or any other cause beyond reasonable control of any parties rendering the performance of this agreement impossible - agreement will be terminated and the client will be liable to cover only expenses already incurred - including labour, transport, and other expenses already incurred.

Illness: The Performer will endeavour to deliver the performance as set out in the agreement unless prevented by illness or other circumstances beyond reasonable control. In this circumstance the performer will communicate with the client and agreements to the viability of the performance. Where the performance is deemed not to be possible then the client will be liable to cover only expenses already incurred - including labour, transport, and other expenses already incurred. In order to ensure the best possible out come for the client, the performer will seek to appoint alternative artists where practicable and keep the client informed/in agreement.

Bankruptcy

Either party may terminate this agreement immediately and without further obligations or liability financial or otherwise by written notice to the other in the event of making a bankruptcy order, appointment of an administrator or petition issued or resolution passed to wind up the company or in the event of making an arrangement or composition with its creditors generally.

Performance and Accreditation rights

The Client may use and create images, videos and recordings of the performance for publicity purposes and will allow the performer access to these images (without further cost) for their publicity purposes (including press, TV, internet, and all other forms of media current and yet to be invented). Both parties will accredit all images to the performer, photographer and individual where appropriate (individual participants will not be named without consent). The client should use the Let's Circus logo, on publicity material promoting the service contracted here-in and where agreed, appropriate contact details should also be publicised. Any performances created for an event will remain the intellectual property of the performer.

Confidentiality

Both parties shall not divulge to a third party any information which they receive arising from this contract. The Client agrees to a clause of confidentiality between The Client and sub-contracted performers. All communications for future work/commissions should go through Let's.Circus as should all discussions involving fees.

Severance

If any part of this contract becomes legally ineffective or unenforceable it will not affect the validity of the rest of this contract.

Miscellaneous

This agreement supersedes any previous understandings or agreements made between the parties in respect to the performance. And may not be amended except in writing signed by authorised representatives of the parties.

Signed by or on behalf of the Client:

Signed by or on behalf of Let's Circus llp:

Let's Circus llp is a registered partnership in Cardiff, Partnership Number: OC 340924

Health & Safety Policy Statement

Our statement of general policy is:

to provide adequate control of the health and safety risks arising from our work activities;
to consult with our employees and clients on matters affecting health and safety;
to provide and maintain safe equipment;
to ensure safe handling and use of substances;
to provide information, instruction and supervision for employees;
to ensure all employees are competent to do their tasks, and to give them adequate training;
to prevent accidents and cases of work-related ill health;
to maintain safe and healthy working conditions; and
to review and revise this policy as necessary at regular intervals

Overall and final responsibility for health and safety is that of the partners of Let's Circus, Helen Averley and Steve Cousins.
Day-to-day responsibility for ensuring this policy is put into practice is delegated to a relevant person. This may be the project manager, on-site team manager or an individual of appropriate choice. Those being subcontracted by Let's Circus in their capacity as an agent will retain responsibility for their own Health and Safety and how their work impacts on others. However they are expected to co-operate with Let's Circus and any others involved in making the event safe. This may mean co-operating as part of a team.
To ensure health and safety standards are maintained/improved, the following Let's Circus partners have specific responsibility in the following areas:
- Steve Cousins - Fire Safety
- Helen Averley - Child Welfare and Health
- Helen Averley and Steve Cousins - General
All employees (including subcontractors, and volunteers) have to:
- be familiar with and adhere to company H+S policy as outlined in this statement
- co-operate with each other, managers, employers and other parties involved on health and safety matters;
- not interfere with anything provided to safeguard their health and safety;
- take reasonable care of their own health and safety and that of the public (where relevant); and
- report all health and safety concerns to an appropriate person (as detailed in this policy statement)

Health and safety risks arising from our work activities

Risk assessments will be undertaken by suitable person - likely to be the project manager or relevant artist.

The findings of the risk assessments will be reported to relevant people from the following list: Let's Circus partners, project manager, team manager, individual worker, event H+S team, etc. The on-site Team Manager is also to be the designated Health and Safety person for a project. Once onsite they are responsible for participants, audiences and other team members/employees delivering services. They are also responsible for liaising with the client.

Action required to remove/control risks will be approved by delegated Health and Safety person in consultation with those best able to assess impact - this may be artist, or outside agency eg client or fire service. Partners should also be notified. Commonsense should help to mitigate against risks encountered - but expertise should be sought if outside of persons direct experience. Training may be identified as necessary at this point.

Delegated Health and Safety person for project will be responsible for ensuring the action required is implemented and will check that the implemented actions have removed/reduced the risks.

Assessments will be reviewed when the work activity changes or new risks become apparent.

All Employees in their interactions with the public should be mindful of their own Health and Safety as well as that of the member of public. The public should be encouraged to participate and at the same time assessed as to their ability to participate safely. If it is perceived by the employee that a member of the public may cause harm to themselves or others from their actions, then they should be prevented from participation - this exclusion may be influenced by their behaviour, evident poor health or intoxication. When working with some more risky activities other specific contra-indications to participation may be evident eg. working at height contra-indications may include the following: Heart disease / chest pain, High blood pressure, Epilepsy, fits, blackouts, Fear of heights / vertigo, Giddiness / difficulty with balance, Alcohol or drug misuse, Psychiatric illness, Diabetes, Weight to Strength ratio, Fitness. There is a duty of care to the public but there is no absolute right on the public's part to participate. Employees should cease work/activities if there is a Health and Safety issue which cannot be addressed properly otherwise and seek support of others employees, managers, event staff or security etc to resolve the issue. Best Practice in delivery should be adhered to ensure Health and Safety are not compromised.

Interactions with children - Employees should be mindful of Child Protection issues and managers should ensure that CRBs are held by relevant employees.

Consultation with employees

Employee will be informed of this policy and asked to consult with partners or delegated Health and Safety person for project (Team Leader) with any issues they have about Health and Safety. Employers will be recognized as having potentially important expertise, interest and ideas concerning Health and Safety and may be consulted to do with specific elements of risk assessments. Free-lance employees may be required to submit their own risk assessments depending on their role/task on a certain contract.

Safe plant and equipment

Everyone who is using equipment will be responsible for identifying all equipment needing maintenance and will remove this from the system if this is dangerous and will bring all matters to the attention of the Team Manger or delegated Health and Safety person for project.

Equipment will be mended, discarded or destroyed as is appropriate - refer to partners if unsure.

Partners or delegated Health and Safety person will be responsible for ensuring effective maintenance procedures are drawn up and/or implemented. This responsibility may shift depending on project. They will also check that new equipment meets health and safety standards before it is purchased.

Safe handling and use of substances

Steve Cousins will be responsible for:

identifying all substances which need a COSHH assessment
undertaking COSHH assessments including health issues
ensuring that all actions identified in the assessments are implemented
ensuring that all relevant employees are informed about the COSHH assessments
will check that new substances can be used safely before they are purchased

Assessments will take place when the work activity changes or new materials are involved.

Employees with expertise in Fire Performance subcontracted in to perform by Let's Circus acting as an agency will be responsible for their own Fire Health and Safety. In group situations where employees/workers are collaborating on an activity/event/show which includes fire, a fire safety officer will be selected and all relevant people will attend a safety meeting prior to use of Chemicals or burning.

Information, instruction and supervision

The Health and Safety Law poster is displayed on the Storage Space Door and in the Site Office (when in use). Off site Employees should refer to the Team Manager or Event Manager for information. This Policy contains the general outline of any thing that is on the poster.

Health and Safety advice is available from Helen Averley and Steve Cousins and from the Health & Safety Executive website.

Supervision of young workers/trainees will be arranged/monitored by Helen Averley or delegated project manager. Supervision will be undertaken by nominated employee/s with suitable experience and clearance eg CRB.

Booking manager will ensure all new employees/sub contractors are given an email copy of this policy and existing employees/subcontractors will receive a copy of any updates as they occur. Other relevant health and safety information will be disseminated as is relevant.

Competency for tasks and training

Tutors and performers will be employed with reference to their existing skills and experience. New acts and services may be initiated through research and development projects. Specific H+S issues and any in-house training will be provided to relevant employees through internal or external tutors. It should be noted that in the creative industries training my not be accredited. Experience and Common Practice are held as valuable.

Training will be identified, arranged and monitored by partners or project managers.

Accidents, first aid and work-related ill health

Jobs should not be undertaken by people who through health reasons would be put at risk or be a risk to others or equipment. Free-lancers delivering their professional services will be self-regulating. All employees will be responsible for behaving responsibly in the work place with respect to ill-health and it's impact on competency. Clear communication should be maintained with managers. If unsafe to continue then the job/action should stop.

A first-aid box is kept in the site office (if it is in use), otherwise the first-aid box location will change depending on the project structure, location and team. In the case of a larger event or overriding jurisdiction, the first-aid box may be held by the venue or event office, or by onsite first aiders. Individuals working solo or Team Managers should identify the location of the first-aid box and the appointed first aider on arrival. Managers will then tell other employees.

The appointed first aider will be identified for each project by the project manager when this task is Let's Circus' responsibility.

All accidents and cases of work-related ill health are to be recorded in the accident book - This may be an accident book which belongs to the event. The Let's Circus book is kept by the first aider, at the site office or at 7 Rothwell Road, Newcastle. All incidents (including those in other organizations event incident books) should be copied and reported to Helen Averley or Steve Cousins however trivial. Including: Name and contact of injured person, Date, Time, Location, What happened and how, injury sustained and action taken as well as details of any witnesses involved and which worker was in attendance.

Helen Averley is responsible for reporting accidents, diseases and dangerous occurrences to the enforcing authority (HSE or your local authority depending upon where you work).

Monitoring

To check our working conditions, and ensure our safe working practices are being followed, we will seek to create a culture where all employees involved remain mindful of Health and Safety, that they all undertake to work safely, to encourage each other to improve standards and where such are seen to be lacking - to communicate concerns. Team Managers are to report back any issues and incidents to the partners so systems can be improved. It is better to speak up than to regret your silence.

Helen Averley, Steve Cousins, or a nominated Manager will be responsible for investigating accidents and for investigating work-related causes of sickness absences and for acting on investigation findings to prevent a recurrence. Serious incidents may require outside agencies to investigate.

Emergency procedures - fire and evacuation

Steve Cousins is responsible for ensuring the fire risk assessment is undertaken and implemented where required. Since Let's Circus does not have a reqular venue, host Venues' and Events' Fire and Evacuation Procedures will have to be ascertained by the Individuals working solo or Team Managers on any given project and adhered to. Team Managers will then pass on information back to other employees and where necessary the public will also be informed.

Child Protection Policy

1. Introduction

Let's Circus is committed to safeguarding the welfare of children and young people. In this respect the Let's Circus acknowledges its position as a powerful medium of influence. Let's Circus works properly with many children and young people in a variety of ways every year and has developed this Child Protection Policy to support personnel in putting our commitment into practice.

This policy establishes the roles and responsibilities of everyone who works for Let's Circus in relation to the protection of children and young people with whom their work brings them into contact. In the context of child protection, children and young persons refers to anyone under 18 years of age.

This policy been developed in such a way as to be consistent with 'Best Practice' within the field of child protection. The key principles are:

The welfare of the child or young person is the paramount consideration.
All children and young people, regardless of age, disability, gender, racial or ethnic origin, religious belief and sexual identity have a right to protection from harm or abuse.

It is everyone's responsibility to promote the protection of children and young people. In following the policy Let's Circus personnel are always expected to maintain a sense of proportion, apply common sense to situations and protect the child's welfare as priority.

It is also Let's Circus' duty to ensure that staff are never placed in situations where abuse might be alleged. It is not intended that the policy should restrict staff from normal ways of working, but staff always need to consider how an action or activity may be perceived as opposed to how it is intended.

2. Principles of Good Practice

Let's Circus undertakes to:

Treat children and young people with care, respect and dignity;
Recognise that those working for Let's Circus will be perceived by children and young people as trusted representatives of Let's Circus;
Ensure communication with children and young people is open and clear;
Assess the risks to children of its activities;
Ensure staff only have appropriate physical contact with children and young people except for reasons of health and safety, or under supervision, other wise it should be avoided. Note: This is particularly relevant in teaching and participating in Circus related activities. Where physical spotting is required hands should be visible. It is better to intervene physically to stop injury than to keep a hands-free approach. In some circumstances parents or individuals may need to be made aware of the physical nature of the activities. Communication with participants and commonsense should be used at all times to avoid misunderstanding of intention of any physical contact.

3. Let's Circus projects

Let's Circus provides services to children and young people including circus skills and interactive performance arts training, mentoring, apprenticeships, tours, clubs and showcases of work and many other situations in which children might be involved.
Let's Circus personnel will develop projects in conjunction with community, media, education and cultural partners across the UK. In terms of child protection, this means that Let's Circus personnel who participate in projects may come into contact with children either while working on a project or when volunteering to work with Let's Circus or partner organisation.
This policy is designed to cover child protection issues and responsibilities in terms of Let's Circus personnel of all distinctions (staff, freelance, volunteer) on projects.
Let's Circus projects can be complex in terms of partners and the involvement of other adults, young people and children, for example projects involving Let's Circus personnel if working on location/projects/events with young people. Let's Circus project managers need to ensure Let's Circus and all responsible adults fulfil their obligations for child protection as fully as practicable, for example CRB checks for personnel will be used wherever appropriate.
Children and young people can be involved with Let's Circus in a number of ways ranging from being performers, volunteers and participants in let's Circus workshops and events, to being audience members, attendees at Let's Circus events, on work experience placements or online.

4. Personnel and disclosure

Where working with children and young people is an expected part of the job personnel will be required to have a CRB disclosure. This applies to persons engaged on freelance contracts and volunteers. In cases, which should be exceptional, where the position is going to entail unsupervised work, ie regularly caring for, training, supervising or being in sole charge with children and young people, a disclosure from the CRB will be required before the role may be undertaken.

Personnel engaged in positions which do not usually entail working with children will, on occasions where an assignment involves supervised contact with children, be required to complete a Let's Circus Child Protection Personal Disclosure Form. Personnel who disclose that they have been convicted of any offence relating to children or young people; and/or subject to any disciplinary action or sanction relating to children, will not be permitted to work on any production/project which involves contact with children.

If an individual elects not to undertake a CRB check once requested by a Nominated Manager, they may not be entitled to participate in the project.

5. Nominated Manager Responsibilities

The company's nominated manger is Helen Averley.

In those areas of Let's Circus projects where personnel work with children as part of their roles, the nominated manager will decide which positions require CRB disclosure and be the focal point for all child protection questions within Let's Circus and will have responsibility to provide advice and guidance to personnel who:

During the course of their work, believe that a child may be at risk of harm, and/or
Are told by a child or young person of a child welfare issue

Where Let's Circus is a subcontractor to another partner or event their management will supersede that of Let's Circus and Child protection matters should be brought to the attention of their contact by Let's Circus personnel on the ground. These concerns should also be reported to the Nominated Manager as soon as is practicable.

The Nominated Manager will monitor all Let's Circus projects involving children, the level of that involvement and any issues which come up including training. The nominated manager requires the co-operation of all Let's Circus personnel to do this.

6. Responsibilities of personnel working with Let's Circus

Each person should familiarise themselves with this child protection policy and put their own in place as appropriate within Child Protection Legislation if they are sub contractors.
When setting up any new project or scheme, each Project Manager will assess whether children are to be involved/included in the project in any capacity and identify the implications of that in terms of child protection including occasional circumstances e.g. providing transport for children.
Project managers should consider the necessity of parental consent before participation in Let's Circus activities, and consider the necessity of chaperones. There is an opportunity in the consent process to inform both parents and children of the issues/tasks involved. This is not always possible at all events - eg in a public festival setting. This responsibility may also be that of the client.
Projects involving Schools or young people's organisations will require that a teacher, member of support staff or project worker must always accompany the children when they are involved in the project. It is deemed reasonable that this person is responsible for the children's safety and conduct. Consideration should be taken as to whether they should be encouraged to undertake their own risk assessment.
If the project is run by a partner organisation and children associated with that organisation are involved, if the Project Manager has concerns about child protection, they should discuss with the Nominated Child Protection Officer.
Documenting of children and other incidental involvement of children in a project. Before a child is filmed during a Let's Circus event, considerations of appropriate consent should be made eg consent of a parent or guardian must be given and a signed consent form received.
Personal data relating to children. All personal data on young people is to be kept secure, not passed onto a third party and securely deleted once the project is finished.
Any suspicions of abuse should be reported to the Project Manager/ Producer who will alert the Nominated Manager. The Nominated manager will report on to other jurisdictions as appropriate.
Let's Circus recognises that the internet plays an important part of children's lives for both the purposes of education and entertainment. Let's Circus personnel will not enter into inappropriate on-line interactions. If electronic/email contact is necessary it shall be discussed with parents beforehand, where deemed appropriate.

7. Work Experience

Let's Circus offers work experience placements to children and young persons. Although primarily designed to help young people become familiar with the workplace and circus life, it is also beneficial to let's Circus as it encourages a sense of being involved in the circus. Child protection issues should be considered particularly if the mentor is to work solo with the child or young person.

8. Health and Safety

Where a child or young person is involved, the risk assessment must take account of their particular vulnerabilities which will include child protection. The risk assessment should set out what arrangements are in place for their care and supervision, eg by a school, parent, guardian or chaperone and how these will be communicated to the appropriate parties.

9. Transport

When children are being transported on behalf of Let's Circus they should be accompanied by a parent, guardian, chaperone or teacher.

All children licensed to work with Let's Circus must be accompanied by their registered chaperone whilst traveling. The registered chaperone is the name that appears on the license.

In exceptional cases where a child/children who do not require a license are to be transported unaccompanied by a parent, guardian, chaperone or teacher, this must be with Let's Circus Transport "approved" taxi companies, or by a member of staff who has a satisfactory CRB disclosure, and in either case only with the specific prior consent of their parent or guardian.

Young Persons - A Young Person is someone who is officially over school leaving age, so does not require a license or chaperone, but is under 18. Although outside of the sphere of responsibility for local education authorities, Let's Circus provides a duty of care for young persons when traveling on behalf of Let's Circus.

10. Accommodation

Children: Any child will be accompanied by a registered LEA chaperone if required to stay overnight. Should a parent prefer to accompany and stay overnight with their child then Let's Circus will respect their wish.

Young Persons: (a Young Person is someone who is over school leaving age, but under 18) Written parental/guardian consent will be sought before a Young Person is asked to stay unaccompanied overnight in accommodation.

11. Help

If you feel that there is anything missing from this policy - which we have created in good faith - please let us know. We would like to do the best for Let's Circus children.

LET'S CIRCUS LLP:Standard Terms & Conditions for Engagement