Terms and Conditions – Bartenders
Now we need to cover off the dull stuff or small print just to make sure we both know where we stand, to protect both of us and ensure we are on the same page. As with these documents, some of the wording may seem overly complicated but we have done our best to keep it simple and easy.
1 Interpreting the words we are about to use in this document
1.1 “Member” means you – the person who accepts in writing, following acceptance by Drinktank – that’s us, otherwise known as ‘the Collective’. The Collective has agreed to provide services to, in accordance with these terms 1.2 “Membership” means the period of time when a Member (you) is part of the Collective (us) 1.3 “Specified Service” means the service provided by the Collective and set out in the Manifesto and Q&A provided with these terms – basically ‘work’
2 Agreement to these Terms
2.1 Have a read of the Terms and Conditions below. Joining Drinktank, the world’s first global drinks industry think tank, means that you have agreed to these terms
3 Supply of the Specified Service
3.1 The Collective shall provide the Specified Service to the Member subject to these terms 3.2The Collective shall use its reasonable endeavours to provide the Specified Service within the advertised times – i.e. if we are given a brief we will get it to you asap 3.3The Collective may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or statutory requirements and/or which do not materially affect the nature or quality of the Specified Service – (we have to comply to laws when we work with alcohol brands) 3.4Any other changes or additions to the Specified Service or these terms will be notified to the Member in writing by the Collective in advance of those changes taking place 3.5The Member agrees to work from the designated location detailed in the brief that has been accepted by the Member – so if you have agreed you will come to Prague or Preston or Perth – then we really do need you to be there!
4 Letter of Acceptance Terms and Payments
4.1 Membership of the Collective is for an initial term of 12 months from the date of written confirmation. No Registration Fee is required – you don’t pay us, we in fact pay you 4.2Following the expiry of the written confirmation term, membership will be reviewed and will automatically continue until either party terminates in accordance with these terms – so we are in a rolling agreement 4.3Members will automatically notify the Collective of any change to their professional role (title, account, industry) to ensure that the Collective can continue to match each Member to Specified Services – so if you quit bartending to become a physiotherapist or a professional mountaineer or anything else – please tell us! 4.4Members will receive fees for the time spent on activating Specified Services, including overtime if agreed in writing in advance of additional time spent, according to the category assigned to the Member that will at least match the Member’s normal day rate. So, we agree to pay you for your time but you need to let us know upfront if more time is required 4.5 All fees payable to the Member for the provision of their services are exclusive of VAT, for which the Collective is liable at the prevailing rate, and these will be paid without deduction or set-off unless a Member is VAT liable
4.6 The Collective will take zero per cent of the Members’ fees associated to the Specified Services provided – that means we DON’T dip into your fees EVER 4.7 Payment will be made to the Member immediately for band 1 of services completed (quick tasks that take 1 day or less, e.g. completing a questionnaire); within 14 working days for band 2 of services (tasks that take between 1 – 3 days); within 30 days for band 3 of services (tasks over 3 days) 4.8 Any fees that are paid outside of these terms will not incur any additional cost to the Collective and a payment date will be agreed in advance between the Collective and the Member 4.9 All expenses incurred by the Member that have prior written approval from the Collective will be fully reimbursed on receipt of proof of payment 4.10 If the Member is absent from participating in an accepted brief, the Member will notify the Collective on the first instance of absence. The Member will forfeit payment, as the Specified Services will not be fulfilled. We don’t pay if you don’t show!
5 Warranties and Liability
5.1 The Collective warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible 5.2 Except in cases of death or personal injury caused by the Collective’s negligence, the Collective shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Collective or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Collective under or in connection with the Specified Service shall not exceed twice the amount of the Collective’s charges for the provision of the Specified Service, except as expressly provided in these Terms. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising. Basically we’ll both be careful! 5.3 The Collective shall not be liable to the Member or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of the Collective’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Collective’s reasonable control, and time shall not be of the essence.
6 Termination of Membership
6.1 The Member may terminate the confirmation of acceptance by giving 1 month’s written notification to the Collective. We need a little time to say goodbye! 6.2 Either party may at any time terminate the confirmation of acceptance by immediate written notice if the other commits any material breach of these terms 6.3 Upon termination of the confirmation of acceptance for whatever reason all sums owed by the Collective to the Member shall become due and payable by the Collective with immediate effect. We are people of our word after all!
7.1 The Collective wishes its members to develop their experience and skillset through full involvement in the Specified Services, however, the Member retains responsibility for making the very most of the many opportunities that the Collective offers. We really want you to enjoy getting the best out of what we are doing 7.2 ‘Expectations of Membership’ must have been set and agreed with the Collective at the time of joining (refer to the Manifesto) clear with each other from the outset
7.3 The Member agrees to notify the Collective of any partnerships entered into outside of the Collective. That’s important if we introduce work on a new Gin brand to find that you are already working with a competitor that will be a huge conflict of interest! 7.4 The Member agrees to notify the Collective of any non-competes and exclusivities agreed outside of the Collective. Again, we need to be 7.5 The Member agrees to provide genuine, honest opinion, insight and intelligence that is not fabricated or misleading in anyway. So keeping it real is key! 7.6 The Member may have access to confidential and proprietary information and agrees that they will not before, during or after the activation of the Specified Services use, divulge or disclose to any person, firm or organisation any such information. So keep it under your hat! 7.7 The Member agrees that during the membership, they will not solicit or attempt to solicit any business from any of the Collective’s clients, client prospects or vendors or attempt to recruit, solicit or induce any employees of the Collective. This keeps our relationship above board and above all, keeps us in business!
8 8 General
8.1 Notices to the Collective are to be sent to the standard email address. Notices to the Member will be sent to the email address provided by the Member, unless the Collective is otherwise informed in writing 8.2 Failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. Got that?! 8.3 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected 8.4 The Member agrees to give consent to the Collective to hold, process and access personal data to fulfil its obligations as required by the Data Protection Act 1998. To be clear that is information we will only share on a need to know basis 8.5 Membership allows Members to access certain areas of the Collective’s website. If a Member decides to cancel Membership, access will stop 8.6 The Collective reserves the right to suspend the Member’s access to the website in the event of complaints, and complaints would constitute a breach of these terms 8.7 As a Member of the Collective, the Member agrees to conduct himself or herself in a professional and business-like manner, treating other members with respect at all times. If the Collective should receive a complaint about any Member’s behaviour, it reserves the right to suspend membership. Such complaints would constitute a breach of these terms. We have to play nicely to make this work 8.8 Membership of the Collective is at the sole discretion of the Collective and it reserves the right to refuse membership 8.9 English law shall apply to this agreement, and the parties agree to submit to the jurisdiction of the English courts. That’s even if you live in Bhutan