ࡱ>  7bjbj66 =\g\g)  $$$8\ $O)O+O+O+O+O+O+O$QVT`OOOOdO)O)ODlHIHWF*OzO0OFTTTHHTHtOOOOOT :  INCLUDEPICTURE "C:/ACON//LOGOS/bbc.bmp" \d \x \y Please sign below at the bottom of the page and AGREEMENT FOR SERVICES return this Contract to the following address: British Broadcasting Corporation Rights Legal and Business Affairs BC3 B6 Broadcast Centre 201 Wood Lane London, W12 7TQ Payment Enquiries:- Phone 0800 098 8106 ˿ 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 all of its subsidiaries, licensees and assigns); and 2. ) c/o (You/Your) This Contract sets out the terms and conditions upon which You will provide the Contributions in consideration of the Fee payable to You (as defined below). This Contract comprises the Special Conditions detailed below and the Terms and Conditions (General Terms) attached as Schedule 1 which will be read together and constitute the Contract between You and the ˿. To the extent of any inconsistency between the Special Conditions and the General Terms, the Special Conditions will prevail. Presenter/Contributor Name: Title/Programme/Series : / Production Base (if applicable): Executive Producer/Editor: Term : (inclusive) Total Gross Fee: Call days: Call Days must be agreed in accordance with the General Terms & Conditions. A presentation shift is . The role requires of You reasonable preparation and research as well as, in some cases, pre-recorded pieces and interviews. Written Material: You may be asked to provide written material e.g. pieces for ˿ Online (including web articles and social media contributions). For this engagement, it is anticipated that written material will include and will not exceed without further agreement. Payment Schedule: Total SPECIAL CONDITIONS: If payment is to be made to an agent and/or to an address other than that indicated below, please provide details. Normal Country of Residence: Payments to: Index No: I/We have read and agree to the terms of this Contract including any Schedules annexed to it. Please sign the Contract where indicated below. The ˿ will have no liability to pay the Fee unless this Contract has been duly executed by You. SIGNED: For and on behalf of Print Name Date: ..SIGNED: For and on behalf of the ˿ Date:  Special Conditions: [examples only please delete what is not required] 1.AGREED MINIMUM COMMITMENT: 2. SPECIFIC SERVICES TO BE PROVIDED BY THE CONTRIBUTOR:  3. MISCELLANEOUS:  SCHEDULE 1: TERMS AND CONDITIONS 1 OBLIGATIONS AND WARRANTIES: You agree, undertake, warrant and represent: 1.1 that You will provide the Services (as defined in clause 1.4 below) and Contributions to the ˿ as required under this Contract and will observe and perform the terms and conditions of this Contract; 1.2 that You are entitled to enter into this Contract and to grant the rights and accept the obligations set out in it; 1.3 that 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; 1.4 to provide Your Services (as more particularly defined in this clause 1.4) as a presenter or other contributor, including all reasonable ancillary services (some of which must be carried out in Your own time and at Your own cost) such as: (a) preparation, all attendances, appearing in and out of vision/on and off air; (b) provision of appropriate clothing, in the case of an in-vision engagement (which cannot include clothing you have been given or sold at a reduced cost by the brand/manufacturer/retail outlet, unless the price reduction was generally available to members of the public). For clarity, and in respect of appearances in vision only, if You have any arrangements regarding the supply of clothing for use without cost or at a reduced cost or in return for other benefits, You must notify the ˿ before signing this Contract. You may not wear such clothing for the provision of the Services; (c) creative input for content production (including, where this is agreed to be part of your role, researching, writing and editing Your own oral and written contributions/blogs and other associated content, revising as required from time to time). The definition of Contributions will cover all contributions, as well as the products of the Services, made and/or delivered by You in connection with this Contract including Your performance (as well as rehearsals) and spoken, written and artistic material (including audio and video recordings thereof) provided by You; and where the ˿ has commissioned recordings from You, You will procure that such recordings belong to the ˿ (Contributions). For the purposes of US copyright law, the Contributions will be considered works made for hire for the ˿; (d) travel as deemed reasonably necessary by the ˿ (and You throughout the Term will hold a valid passport and fully cooperate with the ˿ in obtaining any work permits and visas etc. necessary to fulfil the Services); (e) press, promotion and trails; (f) all other services usually provided by a first class contributor; (together, the Services). 1.5 that You will, in providing the Services: (a) possess all necessary skill, ability, knowledge and experience and execute and complete the Services as a first class contributor conscientiously and in a professional manner at all times, complying with any reasonable requests of the ˿; (b) use all proper care and diligence; (c) familiarise Yourself with the ˿ Standards and fully comply with them during the Term and complete such editorial training as the ˿ may from time to time require; (d) submit to a DBS check where the ˿ considers it appropriate; (e) complete and maintain an up to date version of the declaration of personal interests form containing information as to commercial, financial, charitable, lobbying or personal interests or activities (including those of closely connected persons and those interests where only benefits in kind are received); (f) abide by all safety rules and regulations as notified by the ˿ throughout the Term; (g) ensure the production team always has up to date contact information for You (including mobile number, home number and email address) and immediate notification of any change in official representation; and (h) be contactable and available as necessary to provide the Services on any Call Days as defined in clause 1.6(b) below and as may be further particularised in the Special Conditions on the front of this Contract that have been agreed between You and the ˿. 1.6 that whilst this is not an exclusive arrangement: (a) it is acknowledged that to preserve the value of this engagement to the ˿ You should not without appropriate consultation with the ˿ provide the same or similar Services or Contributions to another audio and/or visual producer or broadcaster where the products of those services or contributions (i) would be available to audiences in the UK or Republic of Ireland at or around the same time as the Programme and/or (ii) would conflict with the ˿ Standards; and (b) You will provide at least 8 weeks notice of any dates and times when You will not be available to provide the Services and once dates and times for the provision of the Services have been agreed with the ˿ i.e. Call Days, You will make Yourself available to the ˿ on those Call Days. Any day of the year might be agreed as a Call Day (including public holidays) and a day is a full day, save as may otherwise be provided for herein, for however long the production schedule dictates. For regular presenting roles, Call Days will be agreed as presentation shifts; an indicative pattern will be included in the Special Conditions and will include a production base from which Your Services will most frequently be provided. On occasion, and where reasonable, You might be asked to present on location (in respect of which any additional travel or accommodation will be paid for by the ˿). Where additional time is necessarily incurred in fulfilling this engagement at the request of the ˿, e.g. You are asked to travel or work outside of Your agreed Call Days You may, where reasonable, be entitled to additional compensation that should be agreed in advance with the Editor or Executive Producer (or their nominee). For the avoidance of doubt, the minimum commitment (howsoever it is construed i.e. whether in terms of days or shows or episodes etc.) is based upon You making Yourself available to fulfil the minimum commitment and if You are not so available, for any reason, the Fee (including any minimum guarantee) shall be reduced proportionately. 1.7 that Your other commitments and/or engagements (whether for third parties or the ˿) will not put You in breach of this Contract; 1.8 that any written material due from You will comply with the ˿֒s requirements in relation to content and delivery times and You will, if required, provide additional written material for use in publications ancillary to the Programme on the same basis; 1.9 that the Contributions: (a) will be Your original work (save to the extent You have otherwise notified the ˿ in writing and the ˿ has confirmed its willingness to proceed in advance of recording or live transmission) and will not contain any infringement of copyright or any other rights of any third party; and (b) will not bring the ˿ into disrepute or be defamatory or constitute a contempt of court; provided such warranties do not apply to any material included at the request of the ˿; 1.10 that You will not make or authorise the broadcast or other use of the Contributions or any part of them without the prior consent of the ˿; 1.11 in the event the Services include the provision of expertise on a subject, You will be competent to provide such services and will use due care, skill and diligence as would reasonably be expected of a competent provider of those expert services and You warrant that You are and will continue to be fully informed in Your area of specialism to the satisfaction of the ˿; 1.12 to the extent any obligations under this Contract 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 3, 6, 8 and 10 extend beyond the Term, and 1.13 that where work is undertaken in the UK, You are entitled to work in the UK without any additional approvals and will notify the ˿ immediately if You cease to be so entitled at any time during the Term. 2 CONSIDERATION, FEES AND EXPENSES: 2.1 In consideration of the Fee, You agree to provide the Services and Contributions and make the assignment of rights as set out in clause 3 below, where such rights arise. 2.2 Fees are expressed exclusive of VAT. VAT is only payable if You are VAT registered and have complied with all relevant ˿ procedural requirements. 2.3 Fees are inclusive of expenses save where, in exceptional circumstances, specific expenses are agreed in advance by the Executive Producer or Editor of the Programme. Where advance(s) are made against any approved expenses You agree to promptly provide the ˿ with satisfactory evidence that those expenses have been incurred. If You fail to do so, when required, the ˿ will be entitled to deduct the amount of such advance(s) from the Fee or any other payments due under this Contract. 2.4 The ˿ is not liable to pay any of the Fees until this Contract is signed by both parties. For administrative ease and in order to reduce overheads and maintain onscreen investment for the licence fee payer the Fee is payable in monthly instalments as set out in the Special Conditions. Fees will be reconciled during the final quarter of the Term. Any over-payments shall be set off against instalments projected as owing during the final quarter and under-payments shall be payable within 30 days of receipt of an invoice in relation to the same which may be issued by You at the end of the Term. 2.5 Deductions: Fees may be subject to the following deductions: (a) 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] (b) any amounts, which are not otherwise in dispute, owing to the ˿ from You or under an agreement to provide Your services to the ˿, whether connected with this Contract or otherwise; and [2] (c) 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. For these purposes, amounts in currency other than sterling shall be converted into sterling at the exchange rate provided to the ˿ by Bloomberg on a monthly basis. 2.6 Where the Special Conditions specify an agency as representing You, You hereby authorise the ˿ to pay all monies due under this Contract to that agency and the ˿ will have no further liability to You in respect of any monies so paid. 3 RIGHTS AND ASSIGNMENT: In consideration for the Fee (which for the purpose of this clause 3 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 rights (including any rental and lending rights), where they arise, for all purposes (including use in all media now known or subsequently invented) in the Contributions throughout the Universe for the full period of copyright and any extensions, revivals or renewals thereof. You acknowledge that the ˿ has the unlimited right to edit copy alter add to take from adapt or translate the Contributions; and with regard to such Contributions and any programmes in which they may be included, and You waive irrevocably any moral rights You may have under the laws of any jurisdiction. Notwithstanding clause 1.4(c) above, You acknowledge that the ˿ has final editorial control of the Programme(s); that the Programme title(s) and the date and time of transmission of the Programme(s) may be changed at the discretion of the ˿ and the ˿ is under no obligation to broadcast or otherwise use the Contributions. 4 SUSPENSION AND TERMINATION: 4.1 The ˿ will be entitled to terminate this Contract at any time with immediate effect on written notice if: (a) You are in material breach of this Contract (where such breach, if remediable, has not been remedied within 14 days of notice of the breach) or irremediable breach of this Contract; (b) its continued performance is prevented by reason of force majeure (as defined in clause 5.3) or by any other cause beyond the reasonable control of the ˿; (c) You are repeatedly in breach or continually fail to observe any of the terms and conditions of the Contract; or (d) the medical examination under clause 1.3 above concludes that Your state of health would prevent the ˿ from effecting production insurance on terms acceptable to the ˿. 4.2 For the purposes of clause 4.1, a material breach includes (without limitation): (a) failure to submit to a DBS check (where required for the purpose of the role to be performed); (b) Your insolvency/bankruptcy as defined in the Insolvency Act 1986; (c) breach of clauses 1.3, 7, 8 and 10; (d) non-compliance with the ˿ Standards. 4.3 Any termination under this clause 4 will be without prejudice to any other rights or remedies of the ˿. The ˿֒s obligations shall terminate immediately with this Contract. The assignment under clause 3 in relation to any Contributions made prior to the date of termination will survive termination of this Contract. 4.4 Without prejudice to or limitation of any other rights and remedies of the ˿, if the ˿ reasonably believes You have (a) behaved in a manner which is or may be perceived to be contrary to the ˿ Standards and/or could bring the ˿ into disrepute and/or (b) otherwise committed a material breach of this Contract, the ˿ may suspend (rather than terminate as set out in 4.1(a)) the performance of this Contract for a reasonable period not exceeding 3 months, effective immediately upon written notice, in order to allow it to investigate any suspected misconduct or breach by You or where it reasonably considers that such suspension is necessary (Suspension Period). Any Suspension Period notified to You by the ˿ may be ended earlier upon 2 weeks written notice from the ˿ to You of the continuation of the engagement. During the Suspension Period the terms of this Contract, other than the ˿֒s obligation to pay Fees and Your obligation to provide the Contributions/Services will continue. During the Suspension Period the ˿ may terminate this Contract in accordance with the provisions of this clause 4. 4.5 The ˿ may (in its absolute discretion) reduce the Fee (and any minimum guarantee) by an amount proportionate to the Suspension Period provided that: (a) if Your alleged conduct is also being investigated by the police (an Investigation) and this Contract is (in the ˿֒s absolute discretion) suspended rather than terminated, You will not be entitled to the Fees that would have been paid during the Suspension Period, even if no charges are brought or charges are dropped and/or You are acquitted of all charges; (b) if the outcome of any Investigation and/or the outcome of a criminal prosecution is not known before the end of the Suspension Period, this will be an event of force majeure under clause 4.1(b) and you will not be entitled to the Fees that would have been paid during the Suspension Period; and (c) save where the reason for Your suspension is related to an Investigation, if the allegations regarding Your conduct are proved to be unfounded and the Suspension Period is longer than 2 weeks, You will be entitled to receive a proportion of the Fees which represents the period between: (i) the end of the first 2 weeks of the Suspension Period and (ii) the date on which Your Contract with the ˿ is reinstated or terminated. 4.6 In the event of suspension or termination: (a) all rights hereby granted and/or assigned to the ˿ will remain vested in the ˿ notwithstanding such action; and (b) liability for any sums due for Services/Contributions in respect of the period prior to termination or suspension will not be affected (but for clarity the ˿ will have no liability for any sums which would otherwise have been payable under this Contract for Services which would have been performed after termination); and (c) the obligations of Confidentiality and Indemnity shall continue to apply; and (d) You will return all items of ˿ property to the ˿; and (e) any suspension will not serve to extend the Term of this Contract. 5 LIABILITY AND FORCE MAJEURE: 5.1 The ˿ will not be liable to You for any loss, damage or injury caused to You or Your property in connection with this Contract unless caused by the negligence of the ˿ and recoverable on that ground. 5.2 The ˿ is not obliged to call upon the Services or use the Contributions and will not be liable to You for any loss or damage or any failure to obtain publicity or opportunity to enhance Your reputation. 5.3 Neither party will be liable for any failure to fulfil its obligations hereunder due to Acts of God strikes lockouts war riot civil commotion Order or Act of Parliament or any other event beyond its reasonable control (force majeure). 6 INSURANCE AND INDEMNITY: 6.1 You will procure such insurance cover You deem necessary for Your own needs (including any personal needs and the needs of the Your dependents). You will be responsible for the care, control, security, insurance and maintenance of any equipment and materials provided by You (or any person connected with You) to perform the Services. 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: https://www.bbc.com/freelancers/insurance 6.2 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. This indemnity will survive the completion of the Services and/or the termination of this Contract. 6.3 In addition to clause 6.2 above, You shall fully indemnify and hold harmless the ˿ in respect of any income tax or employees national insurance contributions relating to the provision of Your Services hereunder, including against all penalties, interest, costs and expenses suffered by the ˿ in connection with a claim by it under this clause 6 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] 6.4 The indemnities and obligations set out in this clause 6 will survive termination. 7 ˿ STANDARDS: 7.1 In accepting this engagement You warrant that the Contributor has a good understanding of the laws and regulations that broadcasters licensed by Ofcom are obliged to comply with. In particular, the Contributor has a solid and up-to-date knowledge of the Ofcom Broadcasting Code (Code): https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code. You 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. 7.2 You acknowledge that the ˿֒s reputation for impartiality, integrity, independence and decency (i.e. the ˿ Standards) is fundamental and agree that Your Contributions and Your activities and conduct, whether carried out for the ˿, for Yourself or for any third party must not compromise, undermine or call into question, or be perceived to compromise or call into question, any of the ˿ Standards and must not bring into disrepute the ˿ or any ˿ content that You are associated with. 7.3 The ˿ Standards are embodied in the following (as amended/updated from time to time): (a) Editorial Guidelines and Editorial Guidance /editorialguidelines (b) the ˿ Values: /aboutthebbc/insidethebbc/whoweare/mission_and_values/ (c) any other editorial policies and guidelines and policies as may be advised to you by the ˿ from time to time, including without limitation those set out here that are intended to apply to freelancers: /foi/publication-scheme/classes/policies-and-procedures and the following: i. anti-bribery: https://downloads.bbc.co.uk/foi/classes/policies_procedures/anti-bribery-policy.pdf ii. child protection: /aboutthebbc/insidethebbc/howwework/policiesandguidelines/child_protection.html iii. anti-bullying and harassment: https://downloads.bbc.co.uk/foi/classes/policies_procedures/bullying-harassment-policy.pdf iv declaration of personal interests: http://downloads.bbc.co.uk/foi/classes/policies_procedures/declaration_of_personal_interests_policy.pdf v. equality and diversity: /diversity/ vi. health and safety: /safety vii. protected disclosure/whistle blowing: http://downloads.bbc.co.uk/foi/classes/policies_procedures/protected_disclosure_policy_whistleblowing.pdf viii. ˿ Code of Conduct: /aboutthebbc/insidethebbc/howwework/policiesandguidelines/codeofconduct.html hereafter ˿ Policies. 7.4 You confirm the Contributors familiarity and understanding of the ˿ Standards and the Editor/Executive Producer as well as the ˿֒s editorial policy advisers are available to assist with any concerns You may have with meeting the ˿ Standards. It will be considered a material breach of this Contract should Your or the Contributors acts or omissions put the ˿ in breach of its regulatory obligations as set out in this clause 7. 7.5 You will not act in any way that would cause harm or offence to the ordinary and reasonable person, give rise to a breach of confidence or in any way expose the ˿ to civil or criminal proceedings You will comply with all applicable legislation, and any statutory modifications thereof, (including without limitation the Equality Act 2010, the Bribery Act 2010, any Health and Safety legislation, any Data Protection legislation etc) and with the ˿ Policies as they are intended to apply to freelancers (or any replacement policies and requirements) whilst providing the Services. This clause 7 will remain in force: 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 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 partiesin good faith. 8 CONFIDENTIALITY: You will not at any time during or after the Term disclose to any third party (other than Your professional advisors or where disclosure is required by law, regulatory body or court of competent jurisdiction) any of the ˿֒s confidential information (in whatever form, whether written or oral, and wherever located) including information about confidential terms of this Contract and any information relating to the business, affairs and finances of the ˿ (including the Programme content, other ˿ output, and private information regarding individuals which You may acquire during the provision or promotion of or otherwise in connection with the Services). This clause will not apply to information lawfully obtained or in Your possession 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. 9 EMPLOYMENT STATUS: 9.1 This is a contract for services and not a contract of service. There is no employment relationship intended to arise between the ˿ and the Contributor. 9.2 The ˿ is not liable for any statutory employment payments such as (without limitation) redundancy pay, holiday pay, sick pay or maternity/paternity/adoption pay or for any pension contributions, howsoever arising. 9.3 You are solely responsible for Your own 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 and your advisors are assumed to have knowledge. 10 DATA PROTECTION: 10.1 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 and Privacy policies. 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. 10.2 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 11 DIVERSITY: 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. 12 MISCELLANEOUS: 12.1 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. 12.2 Save in respect of the ˿ group of companies, this Contract does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 and any rights conferred by this Contract are unenforceable by any person who is not a party it. 12.3 This Contract will prevail at all times over all other terms and conditions which You may purport to apply. Save in respect fraudulent misrepresentation, this Contract constitutes the entire understanding of the parties with respect to the subject matter and supersedes all prior agreements, negotiations and discussions between the parties. Any schedules form part of this Contract. 12.4 This Contract can only be amended by the written agreement of both parties. You may receive automatically generated additional paperwork from the ˿ in respect of payments due under this Contract and the terms and conditions of this Contract will prevail over any terms and conditions purported to be included by that paperwork. 12.5 The unenforceability of any particular provision of this Contract will not affect the binding nature of the rest of this Contract. 12.6 The failure or delay 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. 12.7 If the ˿ is in breach of any terms of this Contract, Your legal remedies will be limited to the recovery of damages only and You will not have the right to restrain the production, communication to the public, promotion or use of the Contributions by, or as authorised by, the ˿.12.8 12.8 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. 12.9 Clause headings shall not affect the interpretation of this Contract. 12.10 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular; a reference to one gender shall include a reference to the other gender. A reference to writing includes e-mail. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and includes all subordinate legislation made under that statute or statutory provision. The words include or including shall mean without limitation and are not intended to establish a definitive list unless otherwise explicitly stated. 12.11This Contract will 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. 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This Contract  ------------ 2 Mccomprises the Special Conditions detailed below and the Terms and Conditions --- %2 tc(General Terms)---  2 c  t2 Fcattached as Schedule 1 which will be read together and constitute the   a2 9cContract between You and the ˿. To the extent of any in 2 fcconsistency between the Special Conditions and the General Terms, the Special Conditions will prevail.  2 c   52 ocNormal Country of Residence: 2 oc  d2 o;c   2 o8c   2 o;c  c''------------ 2 } cPayments to: --- 2 }ZRc  2 }/ c  2 }Ic  2 }S cIndex No: ---  2 }~c  c''--- |2 KcI/We have read and agree to the terms of this Contract including any Schedu  &2 Ycles annexed to it. 2 c  t2 FcPlease sign the Contract where indicated below. The ˿ will have no  c''--- }2 Lcliability to pay the Fee unless this Contract has been duly executed by You.---  2 Sc  c'' ,2 SIGNED:  +2    2    2    +2 For and on behalf of   2 y  @"Arial---  2   --- 2  Print Name   2    /2    2 h  ------------ 2 Date:  --- D2 &  2 {..  2   '--- G2 (SIGNED:   2    52 For and on behalf of the ˿  2     2   ------ 2 Date: ---  2   '    @ Arial-@"Arial--- f eR--------- 22 RePresenter/Contributor Name  2 Re  2 Re: ---  2 Re ---  2 Re  eR''------ 12 ReTitle/Programme/Series : ---  2 Re/  2 Re  eR''--- ;2  ReProduction Base (if applicable):  2 Re  eR''--------- 42 ReExecutive Producer/Editor: ---  2 Re   2 Re  eR''--------- 2 )ReTerm :--- 2 )9Re  2 )? Re(inclusive)  2 )iRe  eR''--------- 2 4 ReTotal Gross  2 4SReFee:--- 2 4fRe   2 4lRe  eR''--------- 2 ? ReCall days: --- _2 ?L8ReCall Days must be agreed in accordance with the General  eR'' (2 IReTerms & Conditions.  2 IrRe  eR'' /2 TReA presentation shift is  2 TyRe.  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