ࡱ>  ]bjbj66 z\g\gMU  666$ZZZPdtZ.l.n.n.n.n.n.n.$1g4`.6".c.86l.l.*+gMGH+X..0.+Z44$++,46,<...4 :  Please sign below at the bottom of the page and return this Contract to the following address:  INCLUDEPICTURE "C:/ACON//LOGOS/bbc.bmp" \d \* MERGEFORMAT \d \x \y Agreement for Services ˿ Ref : Tel : Date : Contract No : Contract Type: THIS CONTRACT IS BETWEEN: 1. British Broadcasting Corporation of Broadcasting House, Portland Place, London W1A 1AA (˿֔ which expression shall include any wholly or partly owned associated or subsidiary companies of the ˿ and any assignee or licensees of the foregoing); and 2. c/o (You). This Contract sets out the terms and conditions upon which You agree to provide the Contribution(s) in consideration of the Fee payable to You (as defined below). This Contract shall comprise the Special Conditions detailed below and the Terms and Conditions attached as Schedule 1 and shall be read together and comprise the Contract between the ˿ and You. To the extent of any inconsistency between the Special Conditions and the Terms and Conditions, the Special Conditions shall prevail. Special Conditions: If payment is to be made to an agent and/or to an address other than that indicated below, please give details: . Title/Programme: Series: Fee: Total Payments to:  For and on behalf of the ˿  Your normal Country of Residence (if not UK): I have read and agree to the terms of this letter and Schedule 1 annexed to it. For and on behalf of Index no: Date:  SCHEDULE 1: TERMS AND CONDITIONS Warranties and Representations: You undertake, warrant and represent: to make such attendances as are agreed in connection with the Contribution(s) (and in the case of Television to comply with the ˿'s requirements regarding appearance (including make-up and clothing)) as notified to You from time to time; that any written material provided by You will comply with the ˿'s requirements (as notified to You by the ˿) in relation to content and delivery times and that You will, if required, provide additional written material for use in publications ancillary to the Programme(s) on the same basis; that You will provide your services to the ˿ as required under this Contract and will observe and perform the terms and conditions of the Contract. The ˿ acknowledges however that your services are not exclusively available to the ˿; that your Contribution(s): will be your original work, do not and will not contain any infringement of copyright or any other rights or any third party and that You will disclose to the ˿ any copyright material included in the Contribution(s) of which You are not the owner; will not bring the ˿ into disrepute or be defamatory; and will not contain advertisements or anything of an advertising nature; that You will not make or authorise the broadcast or other use of the Contribution(s) or part of the Contribution(s); in the event that the Contribution(s) hereunder is to provide services as an expert on a subject, You shall be competent to provide such services and shall use due care, skill and diligence as would reasonably be expected of a competent provider of the services and You warrant that You are and will continue to be fully informed to the highest standard in your area of specialism to the satisfaction of the ˿; in the event that the Contribution(s) hereunder is to provide translation services, your translation will be a true and wholly accurate translation of the material provided to You for such translation; and You do not know of any health condition which could affect Your ability to carry out this engagement or which could prevent the ˿ from effecting production insurance on standard terms and You agree to return (within 7 days) any form of Declaration of Health submitted to you by the ˿ for completion prior to provision of any of the Services. If requested, You will undergo a medical examination with a qualified medical examiner (at the ˿֒s expense) when the ˿ reasonably believes it is necessary. Nothing in this clause will affect the ˿֒s obligations under the Equality Act 2010 or any other applicable legislation. In consideration of the Fee (which for the purpose of this clause 2 You acknowledge to be fair and equitable remuneration), You hereby assign to the ˿ with full title guarantee the complete copyright, performers rights and all other related rights for all purposes (including use in all media now known or subsequently invented) in the Contribution(s) throughout the Universe for the full period of copyright and any extensions, revivals or renewals thereof. You grant the ˿ the unlimited right to edit copy alter add to take from adapt or translate the Contribution(s) and with regard to such Contribution(s) and the Programme(s) in which they may be included You hereby waive irrevocably any "moral rights" You may have under the laws of any jurisdiction. The term of this Contract will be from the date of signature of the Contract until the completion of the provision of the Contribution (Term). To the extent any obligations have already been performed by either party, such obligations will for all purposes be deemed to have been performed in accordance with and subject to the provisions of this Contract. For the avoidance of doubt, the obligations under clauses 12, 13, 16, 17, 18, 24-26 and 28 extend beyond the Term. The ˿ shall be entitled at any time to terminate this Contract: if its performance is prevented by reason of force majeure or by any other cause beyond the reasonable control of the ˿ or upon any breach or continued non-observance by You of any of the terms and conditions herein contained subject to payment of a fair proportion of the Fee(s) as determined by the ˿ after discussion with You for work already carried out up to the date of termination; or You are in material or irremediable breach (including without limitation breach of clauses 1(h), 12-14, 16, 24-26 and 28); for any other reason subject to payment of the full Fee(s) or to the offer of such alternative date(s) as the ˿ shall reasonably decide. Any termination under this clause 5 shall be without prejudice to any other rights or remedies of the ˿ and to the assignment under clause 2 in relation to any Contributions made prior to the date of termination. The ˿ shall not be liable to You or to your legal representatives for any loss, damage or injury to your person or property during or in connection with this Contract unless caused by the negligence of the ˿ and recoverable on that ground. You shall be responsible for ensuring that any equipment supplied by You is safe and You will abide by all safety rules and regulations as notified to You by the ˿ throughout the Term. Details of applicable ˿ Insurance cover available to You whilst working for the ˿ under this Contract is available on the ˿ Freelancer Portal on the ˿֒s website: /corporate2/freelancers/insurance.html If applicable, all Fee(s) specified herein shall unless otherwise stated be exclusive of VAT. The Programme title and the date and time of transmission of the Programme(s) stated overleaf may be changed at the discretion of the ˿ or the commissioning party. There is no obligation to broadcast or otherwise utilise the Contribution(s) and the ˿ shall not be liable to You for loss of publicity or otherwise as a result thereof. It is acknowledged that, in accordance with its regulatory obligations under the Ofcom Broadcasting Code and the ˿֒s Charter Agreement, the ˿ has final editorial control of all ˿ output. The word "Contribution(s)" shall cover all contributions made by You in connection with this engagement including but not limited to your performance (including rehearsals) and spoken, written and artistic material (including audio and video recordings thereof) provided by You. Where the ˿ has commissioned recordings from You, such recordings will belong to the ˿. Where the services are being provided in the United Kingdom, You hereby confirm that You are entitled to work in the United Kingdom without any additional approvals and will notify the ˿ immediately if You cease to be so entitled at any time whilst You are engaged for the Contribution. You warrant that where additional approvals are required to allow You to work in the UK, You will provide all necessary information required for such approval to be sought and warrant that You will not work in the UK without the legal right to do so. In the event this engagement is subject to the issue by the ˿ of a Certificate of Sponsorship under the UK's Points Based Immigration System, the ˿ has a duty to remind You that You may not claim state benefits whilst You are in the UK under the ˿'s sponsorship. Deductions: Fees may be subject to the following deductions: deductions in respect of income tax and employees national insurance contributions required by law or that the ˿ reasonably believes it is legally required to make taking account of published HMRC guidance; [1] any amounts, which are not otherwise in dispute, owing to the ˿ from You or under an agreement to provide the Services to the ˿, whether connected with this Contract or otherwise; and [2] any other deductions required by law to be deducted by the ˿. Where the ˿ proposes to make any deductions pursuant to this clause, the ˿ will, so far as is practicable, inform You in advance and provide You with a reasonable opportunity to challenge any proposed deduction before it is made, and shall consider such challenge in good faith before making any decision. If the ˿ makes any deduction that is subsequently found to be incorrect or unnecessary, the ˿ will pay to You an amount equivalent to such deduction in full as a debt, together with interest at the applicable late payment interest rate for UK income tax from the date on which the deduction was made until the date of payment. You agree that in the event that the ˿ concludes that it has failed to deduct an amount from a payment that it could have deducted in accordance with clause 12.1 it shall be entitled to deduct such amount from any further payment made to You in connection with this Contract, including by way of set-off of amounts owed by and to it. Any exercise of the ˿֒s rights under this clause shall not limit or prevent the exercise or further exercise of such rights or any other rights or remedies the ˿ may have. Indemnity: You will at all times keep the ˿ fully indemnified in respect of any consequences that might follow Your breach of any of the obligations or warranties given by You under this Contract, arising from Your deliberate or reckless acts or omissions. You shall fully indemnify and hold harmless the ˿ in respect of any income tax or employees national insurance contributions relating to the provision of any of the services or Contributions hereunder, including against all penalties, interest, costs and expenses suffered by the ˿ in connection with a claim by it under this clause 13 or in connection with the subject matter of any such claim, except to the extent such penalties, interest, costs or expenses are incurred by the ˿ due to an error or delay on the part of the ˿. [3] The indemnities and obligations set out in this clause 13 will survive termination. Editorial Standards and Broadcast Regulation: In accepting this engagement You warrant that You have the necessary skills and competencies required and accordingly have a good understanding of the laws and regulations that broadcasters licensed by Ofcom are obliged to comply with. In particular, You have a solid and up-to-date knowledge of the Ofcom Broadcasting Code (Code): https://www.ofcom.org.uk/__data/assets/pdf_file/0005/100103/broadcast-code-april-2017.pdf. You also acknowledge that the ˿ is obliged by the ˿ Charter Agreement to observe the standards established in the Code and accordingly includes those standards and other regulatory principles by which it is bound in its Editorial Guidelines and accompanying guidance: /editorialguidelines and confirm your familiarity with and understanding of those documents (as amended and updated from time to time). It will be considered a material breach of this Contract should Your acts or omissions put the ˿ in breach of its regulatory obligations as set out in this provision. The ˿֒s reputation for impartiality, integrity, independence and decency is fundamental. You agree that the Contribution(s) and Your activities and conduct must not compromise, undermine or call into question, or be perceived to compromise or call into question, any of the foregoing and must not bring into disrepute the ˿ or its content. Based on information in the public domain about You and Your business activities and external interests, the ˿ is comfortable that no conflicts of interest should arise in relation to this engagement, however, it is a pre-condition of this Contract that You have declared any potential conflicts in accordance with Section 15 of the Editorial Guidelines and accompanying Guidance. If during the Term You consider undertaking any other work or activities that You believe may or may be perceived to be such a conflict You should raise it with Your key editorial contact and we will provide expert guidance to facilitate continued compliance. If a conflict exists or arises it may be that the Contribution(s) are rendered unusable by the ˿ which the ˿ would treat as a material breach of this Contract by You. This clause 14 will remain in force: (a) for the duration of the Term if the whole Contribution has been made available to the public by that date and the Contribution is no longer available on ˿ iPlayer; or (b) until the earlier of: (i) 30 days following the date on which the whole Contribution has been made available to the public and is no longer available on ˿ iPlayer; and (ii) 12 months following the end of the Term, except where there are circumstances in respect of which the ˿ may require a longer period to ensure continued editorial integrity in such cases a suitable variation will be mutually agreed between the parties in good faith. ˿ Code of Conduct & Anti-Bullying and Harassment policy: The ˿ Code of Conduct and the Anti-bullying & harassment policy applies to all freelancers contracted by the ˿, please make yourself aware of these policies which can be accessed here:- /aboutthebbc/insidethebbc/howwework/policiesandguidelines/codeofconduct.html. "https://downloads.bbc.co.uk/foi/classes/policies_procedures/bullying_harassment_policy.pdf". You will not at any time during the Term or at any time after termination of the Contract disclose any confidential information to any third party (other than your professional advisors or where disclosure is required by law, regulatory body or court of competent jurisdiction) including confidential terms of this Contract and any information relating to the business, affairs and finances of the ˿ (including output, and private information regarding individuals which You may acquire during the provision of the services). This clause will not include information which is or later comes into the public domain otherwise than through an act or omission by You. Nothing in this clause prevents You from making a relevant pay disclosure under the Equality Act 2010. You will not assign transfer charge or deal in any other manner with this Contract or sub-contract any or all of Your obligations under it. Save in respect of members of the ˿ group of companies, this Contract does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which are unenforceable by any person who is not a party to the Contract. The Contract shall prevail at all times over all other terms and conditions which You may purport to apply. This Contract can only be amended by prior written agreement between the parties. The failure of either party to exercise or enforce any right conferred upon it by this Contract will not be deemed to be a waiver of such right or stop the exercise or enforcement of such right at any time thereafter. If the ˿ is in breach of any terms of this Contract, your legal remedies will be limited to recovery of any damages only and You will not have the right to restrain the production, communication to the public, promotion or use of the Contribution by, or as authorised by, the ˿. Nothing in this Contract will be deemed to constitute either party as the agent of the other party or create a partnership, joint venture or contract of employment between the parties and You cannot obligate or bind the ˿ in any matter. This is a contract for services and not a contract of service and the ˿ shall have no liability to You for any statutory worker and/or employment entitlements and payments such as (without limitation) paid holiday, sick pay, maternity/paternity/adoption and redundancy pay howsoever arising. You are solely responsible for Your financial planning and tax advice and the ˿ accepts no liability in this respect. The offer of this Contract is made solely in respect of the services and not in any wider context, of which You, the Contributor and respective advisors are assumed to have knowledge. If applicable, You authorise the ˿ to pay the Fee (including VAT) to the Agent named on the Contract and accept that any such payment shall constitute a full and valid discharge of any claim against the ˿ in respect of any monies so paid. If handling any personal data on behalf of the ˿ as defined in the relevant data protection legislation, You will, abide by the provisions of such legislation and the ˿֒s Data Protection policies, as amended from time to time, including the ˿֒s Data Protection Handbook. In particular, You will not, and You will not (a) disclose any personal data to anybody not authorised by law or by ˿ policy to have access to that information; (b) except as permitted by the Contract, use the ˿֒s personal data for any other purposes, including marketing purposes; (c) retain materials, information or data containing the ˿֒s personal data on completion of this Contract. Instead, You should procure that such materials, information or data are returned to the ˿. You will, put reasonable measures in place to ensure that the personal data is protected against unauthorised and unlawful processing, accidental loss, destruction or damage, having regard to the state of technological development and the cost of any measures. The ˿ is responsible for handling personal data you provide, including your contribution, in accordance with data protection law. The ˿ has a legitimate interest in using your personal data for journalistic, artistic and literary purposes and for the performance of your contract with the ˿ and fulfilling the ˿'s legal obligations. You may also provide special category or criminal offence data which may be used for the purposes of journalism, arts and literature or otherwise where the law allows. For more information about how the ˿ uses your personal data and your rights, visithttp://www.bbc.co.uk/contributors/privacy-notice. Broadcasters and Creative Diversity Network (CDN) are monitoring diversity on UK television through Diamond. There is a legitimate interest to collect diversity information about our industry and if you provide us with your name and email address we will enter this in a system called Silvermouse and you will be invited to provide your diversity characteristics, or if you are the parent or guardian of a child contributor under 18, those of your child and the characteristics you will be asked to provide are age dependent. The broadcasters and CDN, as data controllers, are responsible for this data and will retain your name and email address for this purpose in Silvermouse for as long as diversity is monitored by them. Information is also collected about how viewers might perceive diversity on screen. Further information about Diamond can be found here:http://www.creativediversitynetwork.com/diamond/contributors/. If you would prefer not to be involved in Diamond please let your production contact know within 7 days of the issue date of this contract. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. Explanatory notes [1] Note to contributor: It is the ˿֒s statutory obligation to make the assessment of employment status for tax. The ˿ could be penalised if it does not follow HMRC guidance. [2] Note to contributor: There have been circumstances in the past where a contributor has been overpaid e.g. because of a ˿ error or because the contributor has failed to provide all contracted services, this clause enables the contributor to return the money for the licence fee payer very easily as the clause permits the ˿ the option of deducting it from fees payable under this contract. [3] Note to contributor: It is market standard to have indemnities for income tax and national insurance contributions properly attributable to the individual concerned. The economic liability for paying tax and national insurance remains with the Contributor even where it is the engager, in this case the ˿, that is legally obliged to make deductions and account to HMRC in respect of the same.     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I- - @ !I-- @ !I- ---  2 R  R'' 2  RPayments to:   2 [R  '  ---  2 rc    2 c    2 c   :2 c   2 c  (2 Yc   2 c  ------ 12 cFor and on behalf of the  2 c˿  2 c   2 c 2---  2 c  aV  2 _Va  '- @ !U-   ha---  2 jCah  ha''  2 vCah  ha''  2 Cah  ha''  2 Cah  ha''  2 Cah  ha''  2 _ah  ha'''ah--- O2 jo-haYour normal Country of Residence (if not UK):  2 j;ha  ah''  2 voha  ah''  2 oha  ah'' 2 ohaI  2 uMhahave read and agree to the terms of this letter and Schedule 1 annexed to it.  2 ha  ah''  2 oha  ah''  2 oha  ah''  2 oha  ah'' 2 ohaFor an  2 had  2 ha  2  haon behalf of   2 ha   2 ha  ah''  2 oha  ah'' 2 o haIndex no:   2 ha  ah''  2 oha  ah'' 2 ohaDate:   2 ha  ah''---  2 oha  ah'''   @"Arial---  2 rc  c''  2 rc  c''  2 rc  c''  2 %rc  c''U"Y--- (2 +eY"USpecial Conditions:  2 +Y"U @ Arial---- @ !^,e-  U"Y''--- q2 6eDY"UIf payment is to be made to an agent and/or to an address other than  2 6Y"U   J2 Be*Y"Uthat indicated below, please give details:  2 BY"U    2 MeY"U    2 YeY"U    2 deY"U    2 peY"U    2 |eY"U.  2 |hY"U  '-- $777- -'7--- 2 @7Bri 72 @7tish Broadcasting Corporation  2 @r7  --- =2 L!7Rights Legal and Business Affairs  2 Lk7   .2 W7BC3 B6 Broadcast Centre  2 WG7   2 c 7201 Wood Lane   2 c7   "2 n7London, W12 7TQ   2 n&7   &2 {7Payment Enquiries:  2 {*7-  2 {-7  (2 {17Phone 0800 098 8106  2 {7  '"Arial- - ccbbaa ՜.+,D՜.+,4 hp  MEDAS+"U Error Title 8@ _PID_HLINKSAh`pE C:/ACON//LOGOS/bbc.bmp  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJLMNOPQRTUVWXYZ[\]^_`abcdefghijklmopqrstuvwxyz{|}~Root Entry FpQNGHData K1TableS4WordDocument zSummaryInformation(nvDocumentSummaryInformation8MsoDataStore|LGHgMGH1VQZ2MZKYI1FLN==2|LGHgMGHItem  PropertiesUCompObj r   F Microsoft Word 97-2003 Document MSWordDocWord.Document.89q