Creative Childcare Role Model T&Cs

TERMS AND CONDITIONS OF REPRESENTATION OF

ROLE MODEL PARTNERSHIP LTD

 

                            1. DEFINITIONS

The following expressions shall have the following meanings:

Agreement” means the contract between the RMP and the Role Model in relation to the provision of ad hoc & part-time childcare services to the Client by the Role Model, incorporating these Terms and Conditions, in accordance with Clause 3.1.

Client” means any family, third party, individual, partnership, company or other organisation or entity which contracts with the RMP with a view to procuring the services of the Role Model.

Engagement” means engagement or use of the Role Model by the Client for one or a number of Sessions, or by any third party to whom the Client has introduced the Role Model.

Holiday” means any trip outside of London (zones 1-6) where a Role Model is required to stay overnight with the Client for longer than 24 hours.  A Role Model can provide a maximum of 45 hours childcare in a week (plus up to 16 hours of babysitting over a maximum of 4 evenings).

Registration Form” means the form requesting Representation and setting out, amongst other things, the Role Model’s details and requirements for Engagement.

Representation” means the representation provided by the RMP to the Role Model upon acceptance by the RMP of the Registration Form in accordance with these Terms and Conditions.

Role Model” means any person introduced to the Client by RMP for Engagement.

RMP” means The Role Model Partnership Ltd, a company registered in England and Wales with company number 08634464.

Session” means each period (less than 12 hours) during which the Role Model is assigned to the Client.

Terms and Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing by RMP and the Role Model.

 

                          2. AGREEMENT

These Terms and Conditions shall apply to the Agreement and shall supersede any other documentation or communication between parties.

 

                         3. REGISTRATION FORM AND THE RMP’S OFFER OF REPRESENTATION

3.1.         The Agreement between the RMP and the Role Model, incorporating these Terms and Conditions, shall only come into force following acceptance in writing of the Role Model by the RMP following the completion of the Registration Form, acceptance of the Terms and Conditions and a successful interview between RMP and the potential Role Model.

3.2.         The RMP’s acceptance of the Role Model in accordance with Clause 3.1 shall constitute a binding obligation to the Role Model to use reasonable endeavours to introduce the Role Model to a Client and secure Engagement with a Client for the Role Model, at all times subject to the Terms and Conditions below.

                       

                        4. REPRESENTATION

4.1.         The RMP shall operate at all times as an employment business in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Employment Agencies Act 1973.  Notwithstanding the foregoing, all Role Models work on an independent self-employed basis. It is therefore, not necessarily accepted that the Regulations apply to the Engagement of Role Models under this Agreement.

4.2.         The RMP will, subject to the Role Model’s Registration Form and these Terms and Conditions, act as the Role Model’s representative and shall use reasonable endeavours to arrange Engagements with Clients.

4.3.         RMP undertakes to find the Role Model suitable Engagements but offers no guarantee as to the availability of such Engagements.  The decision as to whether a Role Model is suitable for any particular Engagement will be at the total discretion of RMP, and the Role Model acknowledges that RMP is under no obligation to provide him / her with work.

4.4.         This Agreement does not give rise to a contract of employment between the RMP and the Role Model nor shall it constitute a partnership or joint venture. The Role Models confirms that, in relation to the work undertaken for RMP, he / she is self-employed and is therefore responsible for his / her own tax self-assessments, national insurance and personal, professional & public liability (with a minimum limit of £1m).

4.5.         The RMP will not charge a fee to the Role Model for acting upon its behalf in order to secure, or attempt to secure, an Engagement.

4.6.         The RMP will not supervise, direct or control the Role Model during an Engagement with a Client.

 

                        5. ROLE MODEL OBLIGATIONS

5.1.         The Role Model should not engage in any conduct which is detrimental to the interests of the RMP, would negatively affect the RMP’s relationship with the Client or is likely to bring the RMP into disrepute.

5.2.         The Role Model shall, before the commencement of the Representation, have provided the RMP with satisfactory evidence of their identity which shall include, but not be limited to, a certified copy of the Role Model’s passport or birth certificate.

5.3.         The Role Model shall provide to RMP a copy of their enhanced Disclosure & Barring Service (previously CRB) certificate which is valid within three years of the date the Registration Form is signed. If the DBS certificate is older than three years, the Role Model shall obtain a new one either through RMP or another source and shall provide this new certificate to RMP.

5.3.1    To enable us to ensure that we are compliant with current Legislation it is a requirement that you have an enhanced DBS certificate in place before working with our clients. If you do not have a DBS certificate, and you are successful at interview, we will send you instructions on how to apply for a DBS certificate. If you have spent 6 months or more overseas within the last 5 years then you will need to carry out an overseas check (for further information, please refer to https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants).

5.4.         The Role Model confirms that he/she is legally entitled to remain and work in the UK without any additional approvals and will notify RMP immediately if he/she ceases to be so entitled at any time. Failure to notify RMP will result in automatic termination of this Agreement.

5.5.         The Role Model shall inform RMP immediately if at any time during the Engagement she is convicted of any criminal offences or is in receipt of any indictments or police cautions. Failure to inform RMP will result in the automatic termination of this Agreement.

5.6.         The Role Model shall be clear about his / her skills and talents and the type of work sought and the details of such information shall be fully described in the Registration Form.

5.7.         The Role Model consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to copies of qualifications, authorisations and/or references, by the RMP to the Client.

5.8.         The Role Model shall not be obliged to accept any particular assignment offered to him / her by RMP, but where an Engagement is accepted the Role Model will be expected to attend and to fulfil their contract with the Client to the highest possible standards. Failure to do so (for instance failing to attend, failing to arrive at the required time at the place designated by the Client at the dates and times specified) may result in RMP refusing to introduce the Role model other clients.

5.10.      The Role Model is able to work for more than one client at any one time and is also able to accept work from other organisations.

5.11.      The Role Model uses their own money to buy any tools or equipment required for their work, as well as transport costs to and from all roles in London zones 1-6. The Role Model is free to charge The Client for additional resources the Role Model buys to use for an Engagement as long as the charge and purchase of those resources are for the benefit of the Engagement and has been pre agreed with the Client.

5.12.      The Role Model does not receive holiday or sick pay when they’re not working.

5.13.      The Role Model shall immediately inform the RMP should there be any reason or circumstance under which it would be detrimental to the interests of the RMP, the Client or the Role Model for the Role Model to carry out a particular Engagement with a Client.

5.14.      In the event that the Role Model is unable to take up or continue an Engagement that has been agreed with a Client the Role Model shall notify the RMP as soon as is reasonably practicable, together with the reasons for why the Role Model is unable to take up such Engagement.

5.15.      The Role Model shall contact the Client as soon as they have been accepted for the role to introduce themselves and confirm the time that they will be arriving.

5.16.      Under no circumstances shall the Role Model be accompanied by anyone else during an Engagement. Failure to comply with this clause will result in automatic termination of the Agreement.

5.17.      The Role Model shall not smoke nor smell of smoke during an Engagement.  The consumption of alcohol and the use of recreational drugs by the Role Model are strictly prohibited during an Engagement or where the effects of such consumption or use may still affect the Role Model whilst working on an Engagement.

5.18.      The Role Model shall only take photos or videos of the children under his / her care during an Engagement with the prior consent of the Client. Under no circumstances shall the Role Model post any photos or videos on any networking or other social media websites or share such photos or videos of the children under his / her care during an Engagement in any format with any other individuals other than the Client.

5.19.      The Role Model may be required to drive as part of his / her Engagement. If the Role Model holds a driving licence, he / she warrants that the driving licence is clean and he /she has no penalties on his / her licence. If the Role Model is required to use his /her own car, he / she warrants that the car is fully insured and will, if requested by RMP show evidence of such insurance to the Client or RMP. If the Role Model is asked by the Client to drive the Client’s car, the Role Model must insure that he / she is validly insured to drive such car and the car has sufficient petrol and is appropriately maintained to meet the Client’s requirements.

5.20.      The Role Model shall undertake each Engagement properly and suitably dressed. Failure to dress appropriately will restrict future Engagements.

5.21.      It would be preferable for the Role Model to provide at least 2 weeks notice if they are unable to continue working on a part-time Engagement with a Client, so that RMP are able to find a replacement.

5.22.      The Role Model shall invoice the Client by emailing their completed timesheet (or invoice) as a photo to RMP by midnight on the last day of each month (i.e. 30th or 31st) or they shall not be paid until the following month.  RMP will then raise the invoice to the Client on behalf of the Role Model.

5.23.      The Role Model confirms that they are not a VAT registered person making a supply of the specified services in the course of business. The Role Model acknowledges that RMP are the agent, who are arranging the supply of services on their behalf.

5.24.      The Role Model shall provide their bank account details to RMP or they cannot be paid.

5.25.      RMP recommends that all Role Models have adequate public liability insurance in place, with a minimum limit of £1m.

 

                          6. RMP OBLIGATIONS

6.1.         The RMP shall provide the Representation with reasonable skill, care and in accordance with the recognised codes of practice and statutory obligations.

6.2.         The RMP shall take all reasonable steps to ensure Clients are professional and courteous but cannot be held responsible for the conduct of any third parties. The Role Model acknowledges that the decision to accept an Engagement is the sole responsibility of the Role Model.

6.3.         RMP gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Client nor as to the completeness, truthfulness or accuracy of any information provided by the Client.

 

                         7. PAYMENT

7.1.         Role Models’ pay rate shall increase from £10 per hour to £12 per hour once they have qualified.  Qualification is achieved through completing 30 hours childcare work as a Role Model and receiving good client feedback overall.  It is at the discretion of RMP as to whether the client feedback is considered good enough for a Role Model to qualify.

7.2.         RMP shall pay Role Models at the following rates:

7.2.1.   £10/12 per hour rounded to the nearest 30 minutes of the Engagement undertaken for a Client excluding travel time;

7.2.2.   £10/12 per hour rounded to the nearest 30 minutes (including travel time) when accompanying a Client outside of London (zones 1-6) with no overnight stay, and the Client will be required to pay for the Role Model’s transport directly;

7.2.3.   £10/12 per hour rounded to the nearest 30 minutes (including travel time) when accompanying a Client outside of London (zones 1-6) with at least one overnight stay (e.g. weekend break) and the Client will be required to pay for the Role Model’s transport, food and accommodation directly;

7.2.4.   A Role Model can provide a maximum of 45 hours childcare in a week (plus up to 16 hours of babysitting over a maximum of 4 evenings).  The Client will be required to pay for the Role Model’s transport, food and accommodation directly.

7.3.           For all Sessions (excluding Holidays) where the Client requests a Role Model to stay overnight, a Role Model will be paid £8 an hour from 1 hour after the children go to bed until 1 hour before they wake up. All other hours are paid at the standard £10/12 rate.

7.4.         In the event that a Client cancels an Engagement with less than 48 hours’ notice, RMP shall pay the Role Model three hours pay by way of compensation.

                         

                        8. TERMINATION

8.1.         The Agreement shall continue until such date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

8.2.         The RMP may terminate this Representation at any time and for any reason at the RMP’s sole discretion.

8.3.         The Role Model shall be entitled to terminate the Representation at any point by giving 4 weeks’ notice in writing to the RMP or if the RMP fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.

8.4.         Either party may terminate the Agreement by notice in writing to the other if the other party commits a material breach of these Terms and Conditions which cannot be remedied or, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.

8.5.         Should RMP have grounds to believe that the Client or a member of the Client’s family or any acquaintance or associate of the Client, has passed on an introduction to any other person or persons within twelve months of the Role Model introduction to the Client by RMP, resulting in the Engagement of the Role Model for childcare or other services, to the exclusion of RMP and/or failed to pay the relevant fee, RMP reserves the right to:
8.5.1.1.         Terminate the relationship between the Role Model and RMP; and/or

8.5.1.2.         Remove the Role Model from its database.

This restriction will apply for a period of twelve months after any termination of relationship.

8.6.         Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

 

                         9. LIMITATION OF LIABILITY

9.1.         Subject to Clause 9.2, a party (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to comply with this Agreement) except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such liability of the RMP shall be limited to the sum insured under the professional indemnity insurance policy held by the RMP in the insurance year in which the Role Model’s claim is first notified.

9.2.         This Clause 9 does not exclude or limit in any way the RMP’s liability for:

9.2.1.      Death or personal injury caused by the negligence of the RMP; or

9.2.2.     Fraud or fraudulent misrepresentation; or

9.2.3.    Any other matter for which it would be illegal or unlawful for the RMP to exclude or attempt to exclude the RMP’s liability

 

                       10. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

                      11. SERVERENCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

                      12. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

 

                     13. NOTICES

Any notice to be given by either party to the other may be served by email, in person or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing.

 

                    14. GOVERNING LAW

These Terms and Conditions, and any non-contractual obligations arising therefrom, shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

 

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