ࡱ>  bjbj66 {.\g\g T T $"""Pr,"W8r   CWEWEWEWEWEWEW$Y\`iW "   iWc~W    8CW  CW  NLP`D+JH aN0/WW0WN(] ]`PPr]+Q        iWiW    W    ]         T t:  INCLUDEPICTURE "C:/ACON//LOGOS/bbc.bmp" \d \x \y LOAN-OUT AGREEMENT FOR SERVICES ý Ref : Tel : Date : Contract No : Contract Type: THIS CONTRACT IS BETWEEN: 1. British Broadcasting Corporation of Broadcasting House, Portland Place, London W1A 1AA (ý); and which expression shall include all of its subsidiaries, licensees and assigns); 2. (Registration no: ) c/o (You/Your) This Contract sets out the terms and conditions upon which You will provide the services of the Contributor to provide the Contribution(s) in consideration of the Fee payable to You (as defined below). This Contract comprises the Special Conditions detailed below, the Terms and Conditions (General Terms) attached as Schedule 1 and the Guarantee Letter attached as Schedule 2 which will be read together and constitute the Contract between You and the ý. 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) 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 (Details of further commitments ) Written Material: You may be asked to provide written material e.g. pieces for ý 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. 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 of each Contributor covered hereunder: Index No: Payments to: I/We have read and agree to the terms of this Contract including any Schedules annexed to it. Please ensure that the Contributor(s) signs the Guarantee Letter attached and returned it, together with the Contract, to the address detailed above. Do not make any handwritten amendments. Where there is more than one Contributor, each will need to sign a Guarantee Letter. The ý will have no liability to pay the Fee unless and until the Guarantee Letter has been duly executed by the Contributor(s) and returned to the ý with this signed Contract. SIGNED: For and on behalf of Print Name Date: SIGNED: For and on behalf of the ý 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 control and will procure and provide the Services (as defined in clause 1.5 below) and Contributions of the Contributor to the ý as required under this Contract and will observe and perform, and will procure that the Contributor observes and performs, the terms and conditions of this Contract; 1.2 that You are entitled to enter into this Contract on the Contributors behalf and to grant the rights and accept the obligations set out in it whether on Your behalf or that of the Contributor; 1.3 that the Contributor is Your employee and director and/or shareholder; 1.4 neither You nor the Contributor know of any health condition which could affect the Contributors ability to carry out this engagement or which could prevent the ý 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 ý for completion prior to provision of any of the Services. If requested, You will procure that the Contributor will undergo a medical examination with a qualified medical examiner (at the ýs expense) when the ý reasonably believes it is necessary. Nothing in this clause will affect the ýs obligations under the Equality Act 2010 or any other applicable legislation; 1.5 to procure the Services of the Contributor (as more particularly defined in this clause 1.5) as a presenter or other contributor, including all reasonable ancillary services (some of which must be carried out in the Contributors own time and at his/her 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 or the Contributor has any arrangements regarding the supply of clothing for use without cost or at a reduced cost or in return for other benefits, the Contributor must notify the ý before signing this Contract. The Contributor 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 the Contributors 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 the Contributor in connection with this Contract including the Contributors performance (as well as rehearsals) and spoken, written and artistic material (including audio and video recordings thereof) provided by the Contributor; and where the ý has commissioned recordings from the Contributor, You will procure that such recordings belong to the ý (Contributions). For the purposes of US copyright law, the Contributions will be considered works made for hire for the ý; (d) travel as deemed reasonably necessary by the ý (and the Contributor throughout the Term will hold a valid passport and fully cooperate with the ý 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). 1.6 that You will, or will procure that the Contributor 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 ý; (b) use all proper care and diligence; (c) familiarise him/herself with the ý Standards and fully comply with them during the Term; and complete such editorial training as the ý may from time to time require; (d) submit to a DBS check where the ý considers it appropriate; (e) complete and maintain an up to date version of the ýs 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 ý throughout the Term; (g) ensure the production team always has up to date contact information for the Contributor (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 1.7(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 ý. 1.7 that whilst this is not an exclusive arrangement: (a) it is acknowledged that to preserve the value of this engagement to the ý You/the Contributor should not without appropriate consultation with the ý 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 ý Standards; and; (b) You will provide at least eight (8) weeks notice of any dates and times when the Contributor will not be available to provide the Services and once dates and times for the provision of the Services by the Contributor have been agreed with the ý i.e. Call Days, the Contributor will make him/herself available to the ý 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 Services will most frequently be provided. On occasion, and where reasonable, the Contributor might be asked to present on location (in respect of which any additional travel or accommodation will be paid for by the ý). Where additional time is necessarily incurred in fulfilling this engagement at the request of the ý, e.g. the Contributor is asked to travel or work outside of the Contributors 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 the Contributor making him/herself available to fulfil the minimum commitment and if he/she is not so available, for any reason, the Fee (including any minimum guarantee) shall be reduced proportionately. 1.8 that the Contributors other commitments and/or engagements (whether for third parties or the ý) will not put him/her in breach of this Contract; 1.9 that any written material due from the Contributor will comply with the ýs requirements in relation to content and delivery times and You will procure that the Contributor will, if required, provide additional written material for use in publications ancillary to the Programme(s) on the same basis; 1.10 that the Contributions: (a) will be the Contributors original work (save to the extent You have otherwise notified the ý in writing and the ý 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 ý into disrepute or be defamatory or constitute a contempt of court; (c) provided such warranties do not apply to any material included at the request of the ý; 1.11 that You/the Contributor will not make or authorise the broadcast or other use of the Contribution(s) or any part of them without the prior consent of the ý; 1.12 in the event the Services include the provision of expertise on a subject, the Contributor 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 the Contributor is and will continue to be fully informed in his/her area of specialism to the satisfaction of the ý; 1.13 to procure that the Contributor executes the Guarantee Letter in the form attached as Schedule 2; 1.14 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 1.15 that where work is undertaken in the UK, the Contributor is entitled to work in the UK without any additional approvals and will notify the ý immediately if he/she ceases to be so entitled at any time during the Term. 2 CONSIDERATION, FEES & EXPENSES: 2.1 In consideration of the Fee, You agree to provide the Contributors 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 ý 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/the Contributor agree to promptly provide the ý with satisfactory evidence that those expenses have been incurred. If You/the Contributor fail to do so, when required, the ý 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 ý is not liable to pay any of the Fees until this Contract is signed by both parties and the Guarantee Letter is signed by the Contributor(s). 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 ý 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 ý from You, or under an agreement to provide the Services to the ý, whether connected with this Contract or otherwise; [2] and (c) any other deductions required by law to be deducted by the ý. Where the ý proposes to make any deductions pursuant to this clause, the ý 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 ý makes any deduction that is subsequently found to be incorrect or unnecessary, the ý 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 provided to the ý by Bloomberg on a monthly basis. 2.6 Where the Special Conditions specify an agency as representing You, You hereby authorise the ý to pay all monies due under this Contract to that agency and the ý 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 purposes of this clause 3 You acknowledge to be fair and equitable remuneration). You do (and will procure that the Contributor does) hereby assign to the ý 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 ý 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 warrant that you have procured that the Contributor has in writing waived irrevocably any moral rights he/she may have under the laws of any jurisdiction. Notwithstanding clause 1.5(c) above, You acknowledge that the ý has final editorial control of the Programme; that the Programme title(s) and the date and time of transmission of the Programme may be changed at the discretion of the ý and the ý is under no obligation to broadcast or otherwise use the Contributions. 4 SUSPENSION & TERMINATION: 4.1 The ý will be entitled to terminate this Contract at any time with immediate effect on written notice if: You or the Contributor is 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; 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 ý; You or the Contributor is repeatedly in breach or continually fails to observe any of the terms and conditions of the Contract; the medical examination under clause 1.4 above concludes that the Contributors state of health would prevent the ý from effecting production insurance on terms acceptable to the ý. 4.2 For the purposes of clause 4.1, a material breach includes (without limitation): 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 1.4, 7, 8 and 10; (d) non-compliance with the ý Standards. 4.3 Any termination under this clause 4 will be without prejudice to any other rights or remedies of the ý. The ýs 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 ý, if the ý reasonably believes You or the Contributor has (a) behaved in a manner which is or may be perceived to be contrary to the ý Standards and/or could bring the ý into disrepute and/or (b) otherwise committed a material breach of this Contract, the ý 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 ý may be ended earlier upon 2 weeks written notice from the ý to You of the continuation of the engagement. During the Suspension Period the terms of this Contract, other than the ýs obligation to pay Fees and Your obligation to provide the Contributions/Services, will continue. During the Suspension Period the ý may terminate this Contract in accordance with the provisions of this clause 4. 4.5 The ý 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 or the Contributors alleged conduct is also being investigated by the police (an Investigation) and this Contract is (in the ýs 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 the Contributor is 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 suspension is related to an Investigation, if the allegations regarding Your or the Contributors 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 which Your Contract with the ý is reinstated or terminated. 4.6 In the event of suspension or termination: (a) all rights hereby granted and/or assigned to the ý will remain vested in the ý 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 ý 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 ý property to the ý; and (e) any suspension will not serve to extend the Term of this Contract. 5. LIABILITY & FORCE MAJEURE: 5.1 The ý will not be liable to You or the Contributor for any loss, damage or injury caused to You or the Contributor or Your/his/her property in connection with this Contract unless caused by the negligence of the ý and recoverable on that ground. 5.2 The ý is not obliged to call upon the Services or use the Contributions and will not be liable to You or the Contributor for any loss or damage or any failure to obtain publicity or opportunity to enhance the Contributors 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 & INDEMNITY: 6.1 You or the Contributor will procure such insurance cover You deem necessary for the Contributors own needs (including any personal needs and the needs of the Contributors dependents). You will be responsible for the care, control, security, insurance and maintenance of the Contributor and any equipment and materials provided by You or the Contributor (or any person connected with You) to perform the Services. Details of applicable ý Insurance cover available to You whilst the Contributor is working for the ý under this Contract is available on the ý Freelancer Portal on the ýs website: https://www.bbc.com/freelancers/insurance 6.2 You will at all times keep the ý 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 ý 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 ý 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 ý due to an error or delay on the part of the ý. [3] 6.4 The indemnities and obligations set out in the clause 6 will survive termination. 7 ý 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 ý is obliged by the ý 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 ýs reputation for impartiality, integrity, independence and decency (i.e. the ý Standards) is fundamental and agree that the Contributors Contribution and his/her activities and conduct, whether carried out for the ý, for his/herself 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 ý Standards and must not bring into disrepute the ý or any ý content that the Contributor is associated with. 7.3 The ý Standards are embodied in the following (as amended/updated from time to time): (a) Editorial Guidelines and Editorial Guidance /editorialguidelines (b) the ý Values: /aboutthebbc/insidethebbc/whoweare/mission_and_values/ (c) any other editorial policies and guidelines and policies as may be advised to you by the ý 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: https://downloads.bbc.co.uk/foi/classes/policies_procedures/protected_disclosure_policy_whistleblowing.pdf viii. ý Code of Conduct: /aboutthebbc/insidethebbc/howwework/policiesandguidelines/codeofconduct.html hereafter ý Policies. 7.4 You confirm the Contributors familiarity and understanding of the ý Standards and the Editor/Executive Producer as well as the ýs editorial policy advisers are available to assist with any concerns You or the Contributor may have with meeting the ý Standards. It will be considered a material breach of this Contract should Your or the Contributors acts or omissions put the ý in breach of its regulatory obligations as set out in this clause 7. 7.5 You and the Contributor 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 ý to civil or criminal proceedings. 7.6 You and the Contributor 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 ý Policies as they are intended to apply to freelancers (or any replacement policies and requirements) whilst providing the Services. 7.7 This clause 7 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 ý 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 ý iPlayer; and (ii) 12 months following the end of the Term, except where there are circumstances in respect of which the ý 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. 8. CONFIDENTIALITY: You will not and will procure that the Contributor does 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 ýs confidential information (in whatever form, whether written or oral, and wherever located) including information about other confidential terms of this Contract and any information relating to the business, affairs and finances of the ý (including the Programme content, other ý output, and private information regarding individuals which You and/or Contributor 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 or the Contributor. Nothing in this clause prevents You or the Contributor 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 ý and the Contributor. 9.2 The ý is not liable for any statutory employment payments such as (without limitation) redundancy pay, holiday pay, sick pay, maternity/paternity/adoption pay or for any pension contributions, howsoever arising. 9.3 As a company and a signatory to this Contract, You will remain incorporated and registered in the UK for the whole of the Term and upon dissolution you should transfer any remaining obligations hereunder to the Contributor. 9.4 You are solely responsible for Your own financial planning and tax advice and the ý 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 ý as defined in the relevant data protection legislation, You will, and will procure that the Contributor will, abide by the provisions of such legislation and the ýs Data Protection and Privacy policies. You will, and You will procure that the Contributor 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 ý is responsible for handling personal data about the contributor/artist, including in the contributor/artists contribution, in accordance with data protection law.The ý has a legitimate interest in using the contributors/artists personal data for journalistic, artistic and literary purposes and for the performance of the contract with the ý and fulfilling the ý's legal obligations. Any special category or criminal offence data that the contributor/artist provides may be used for the purposes of journalism, arts and literature or otherwise where the law allows. For more information about how the ý uses personal data and the contributor/artists rights, visithttp://www.bbc.co.uk/contributors/privacy-notice 11. DIVERSITY MONITORING 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 we are provided with the contributor/artists name and email address we will enter this in a system called Silvermouse and the contributor/artist will be invited to provide their diversity characteristics, or the parent or guardian of a child contributorunder 18 invited to provide age dependent characteristics about the child. The broadcasters and CDN, as data controllers, are responsible for this data and will retain the contributors/artists 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 the contributor/artist would prefer not to be involved in Diamond please let the production contact know within 7 days of the issue date of this contract. 12. MISCELLANEOUS 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 the ý 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. This Contract will prevail at all times over all other terms and conditions which You or the Contributor 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. This Contract can only be amended by the written agreement of both parties. You or the Contributor may receive automatically generated additional paperwork from the ý 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. The unenforceability of any particular provision of this Contract will not affect the binding nature of the rest of this Contract. 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. If the ý is in breach of any terms of this Contract, Your legal remedies will be limited to the recovery of damages only and neither You nor the Contributor will have the right to restrain the production, communication to the public, promotion or use of the Contributions by, or as authorised by, the ý. 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 neither You nor the Contributor can obligate or bind the ý in any matter. Clause headings and explanatory notes shall not affect the interpretation of this Contract. 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 includes or including shall mean without limitation and are not intended to establish a definitive list unless otherwise explicitly stated. This 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 ýs statutory obligation to make the assessment of employment status for tax. The ý 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 ý 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 ý 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 ý, that is legally obliged to make deductions and account to HMRC in respect of the same. SCHEDULE 2: GUARANTEE LETTER Please read and sign this letter and return it to the ý To: British Broadcasting Corporation Rights Legal and Business Affairs BC3 B6 Broadcast Centre 201 Wood Lane London, W12 7TQ Payment Enquiries:- Phone 0800 098 8106 For the Attention of From: c/o Date: Dear Sirs, - Guarantee Letter I am writing in relation to a contributors loan-out agreement (Agreement) which you propose today to enter into with c/o (Lender) under which the Lender is agreeing to provide my services as a presenter/contributor for the Programme. As an inducement to you to enter into the Agreement and for other good and valid consideration, I hereby warrant represent and undertake that: 1. I am a director and/or shareholder of the Lender. 2. The Lender is a validly incorporated private company in England, Wales, Scotland or Northern Ireland. 3. I have, before the date of this letter, entered into an agreement with the Lender whereby the Lender is and will remain fully entitled to my services as a presenter of, or other contributor to, broadcast output like the Programme for at least the length of the term of the Agreement. 4. The Lender is therefore fully entitled and authorised to grant and provide to you my services and the products of my services in this regard on the terms and conditions set out in the Agreement. 5. All existing and future rights granted and assigned by the Lender to you under the Agreement have, where applicable, been granted to the Lender by me, and where necessary in writing, prior to the date of the Agreement. 6 I have read and understand the terms and conditions of the Agreement and consent to its signature by the Lender. 7. All the warranties and representations made in the Agreement by the Lender are true and accurate and I hereby repeat and ratify them to the extent that they are applicable to me 8. I shall fully indemnify and hold harmless the ý in respect of any income tax or employees national insurance contributions relating to the provisions of any of my services and Contributions hereunder, including against all penalties, interest, costs and expenses suffered by the ý in connection with a claim by it under this indemnity or in connection with the subject matter of any such claim, except where such penalties, interest, costs or expenses are incurred by the ý due to an error or delay on the part of the ý. 9. I shall comply with any and all applicable laws and regulations pursuant to which I, the Lender or the ý may be required to account to HMRC or any other tax authority for any Tax in connection with the engagement provided for by the Agreement. 10. To the extent (if at all) that the same have not been assigned to you by the Lender under the terms of the Agreement, I hereby assign to you the entire copyright (including the right to all extensions and renewals) and all other rights worldwide in the Contributions (as defined in the Agreement) in order for you to make the fullest use of my Services (as defined in the Agreement) and Contributions. 11. I hereby irrevocably waive any so-called moral rights in the Contributions (including under section 77 and section 80 of the Copyright, Designs and Patents Act 1988) as I have now or may acquire in the future in relation to the Contributions. 12. I shall look solely to the Lender for all compensation for the Services to be rendered by me in connection with the Agreement. 13. I shall use my best endeavours to procure that the Lender shall meet all its obligations under the Agreement and that if I cease to be employed or engaged by the Lender, or the Lender ceases to exist or otherwise fails or is unable to duly observe and perform each and all of the terms and conditions of the Agreement requiring performance and compliance on behalf of the Lender, I shall at your election be deemed substituted as a direct party to the Agreement in place and stead of the Lender and I agree that if you so elect payment direct to me of any sums thereafter becoming payable under the Agreement shall fully discharge your obligations in respect thereof. 14. No breach by you of any of your non-material obligations to the Lender under the Agreement shall relieve me of any of my obligations under this letter. 15. This letter agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 16. I irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this letter agreement or its subject matter or formation (including non-contractual disputes or claims). Yours faithfully, .................................................................................................................... Date .......................................................................................................... ý Ref: Please arrange for this letter to be signed by the Contributor(s). Where there is more than one Contributor, each Contributor will need to sign a guarantee letter.     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This Contract  ------------ G2 (ccomprises the Special Conditions detaile >2 "cd below, the Terms and Conditions --- %2 *c(General Terms)---  2 mc  2 prcattached as Schedule 1 and the Guarantee Letter attached as Schedule 2 which will be read together and constitute   2 }cthe Contract between You and the ý. To the extent of any inconsistency between the Special Conditions and the General Terms #2 c, the Special Co ,2 cnditions will prevail.  2 Qc   n2 lBcNormal Country of Residence of each Contributor covered hereunder: 2 lc  2 l cIndex No:   2 l3c  c''--- 2 { cPayments to:   2 {Oc  c''--- 2 ]cI/We have read and agree to the terms of this Contract including any Schedules annexed to it.  2 [c  c''--- q2 DcPlease ensure that the Contributor(s) signs the Guarantee Letter att L2 +cached and returned it, together with the Co  2 cn p2 Cctract, to the address detailed above. Do not make any handwritten  c'' 2 }camendments. Where there is more than one Contributor, each will need to sign a Guarantee Letter. The ý will have no liabi )2 clity to pay the Fee  J2 ,*cunless and until the Guarantee Letter has  c'' 2 [cbeen duly executed by the Contributor(s) and returned to the ý with this signed Contract.  2 kc  c''  \2 6 SIGNED:  2     +2  For and on behalf of   2 i     2     L2 + Print Name  2 8    2    ------------ 2  Date:  --- U2 1   2    ' .--- J2 *. SIGNED: 2 .  2 .   2 3.    52 . For and on behalf of the ý  2  .     2 .   ------ 2 . Date: ---  2 .   '   ---  2 c  ---  2 %c  d dR------ 22 RdPresenter/Contributor Name  2 Rd  2 Rd: ---  2 Rd ---  2 Rd  dR''------ 12 RdTitle/Programme/Series : ---  2 yRd/  2 {Rd  dR''--- ;2  RdProduction Base (if applicable):  2 Rd  dR''------ 42 RdExecutive Producer/Editor: ---  2 Rd   2 Rd  dR''--------- 2 'RdTerm :---  2 '4Rd   2 '7Rd  2 '9 Rd(inclusive)  2 '[Rd  dR''--------- 2 2RdFee:---  2 2,Rd   2 2/Rd   2 21Rd  dR''------------ 2 = RdCall Days 2 =>Rd: --- 2 =D RdCall Days mu j2 =q?Rdst be agreed in accordance with the General Terms & Conditions.  2 =NRd  dR'' 12 HRdA presentation shift is  k2 Hk@RdThe role requires of You reasonable preparation and research as  dR'' 42 RRdwell as, in some cases, pre  2 RxRd- 82 RzRdrecorded pieces and interviews  2 RRd  :2 RRd(Details of further commitments  2 RPRd  dR''  2 ]Rd)  2 ]Rd  dR''--------------- &2 hRdWritten Material: --- w2 h[HRdYou may be asked to provide written material e.g. pieces for ý Online  dR'' 2 r Rd(includin |2 r9KRdg web articles and social media contributions). For this engagement, it is  dR'' %2 }Rdanticipated that  82 }SRdwritten material will include   2 }Rd  (2 }Rdand will not exceed 2 }Rd  52 }Rdwithout further agreement.   2 }URd  dR''6  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 $6  6''  2 )$6  6'''6J---  2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 J6    2 )J6    2 4J6  '- @ !-- @ !-- @ !- - @ !-- @ !- - @ !I-- @ !I- - @ !- - @ !- - @ !I- A6--- 2 ?$6ATotal  2 ?66A  A6'''AJ6---  2 ?6JA   2 ?6JA  AJ6'''- @ !6-- @ !6- - @ !6-- @ !6- - @ !6I- - @ ! 7- - @ !A-- @ !A-- @ !A- - @ ! 7- - @ !A-- @ !A- - @ ! 7I- - @ !AI-- @ !AI- ---  2 KRd  dR''  2 URd    2 `Rd    2 kRd    2 uRd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 Rd    2 !Rd    2 +Rd    2 6Rd    2 ARd    2 LRd    2 VRd  'dR--- (2 YRdSPECIAL CONDITIONS:  2 Rd  dR''--- 2 YrRdIf payment is to be made to an agent and/or to an address other than that indicated below, please provide details.  2 Rd  dR''---  2 YRd ---  2 [Rd  dR'''   '--$ww--'w--- 2 VwPlease sign below at the bottom of the page and return this Contract to the following   2 *waddress:  2 *w  @"Arial Narrow- - -  ;2 5 wBritish Broadcasting Corporation  2 5Vw  @"Arial Narrow- - -  =2 @!wRights Legal and Business Affairs  2 @Qw   .2 LwBC3 B6 Broadcast Centre  2 L4w   2 W w201 Wood Lane  2 Ww   "2 cwLondon, W12 7TQ  2 cw  @Times New Roman- - -   2 rw  '"Arial- - ccbbaa ՜.+,D՜.+,4 hp  MEDAS.Ue Error Title 8@ _PID_HLINKSAh`p6C:/ACON//LOGOS/bbc.bmp  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~     Root Entry F+JH@Data 1Tabler]WordDocument {.SummaryInformation(d|DocumentSummaryInformation8MsoDataStore+JHP+JHJNIZE0F4U5==2+JHP+JHItem  PropertiesUCompObj r   F Microsoft Word 97-2003 Document MSWordDocWord.Document.89q