Terms of the provision of food styling services
This document (the Terms) sets out the terms upon which Flossy McAslan (I, me or my) will provide food styling services (the Job) to clients (You or Your). You will be deemed to have accepted these Terms by accepting, and continuing to accept, my services.
Term
The Job will take place on the days we agree (the Job Dates).
I reserve the right to amend these Terms in future engagements between you and me.
Working hours
My normal working hours are 9am - 6pm, Monday to Friday (Working Hours).
Any arrangement for me to work outside my Working Hours is subject to separate agreement and additional fees may apply.
Fees
My fees for the Job will be notified to you in advance (the Fee).
You are required to pay the Fee within 14 calendar days of the issue date set out in my invoice.
I reserved the right to charge interest on late payments of the Fee at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.
You will use best endeavours to send me a PO or similar number, in order for me to submit my invoice, within 5 calendar days of the final Job Date.
Reasonable expenses
You agree to reimburse me for any and all reasonable expenses (the Expenses) incurred by me as part of preparing for, or attending, the Job.
You acknowledge and agree that Expenses will become due and payable concurrent with the Fee, save where we have agreed a separate arrangement.
If I travel to (or from) a Job during Working Hours, I will use public transport where possible. However if I am required to work outside Working Hours or I am required to bring a sizeable amount of equipment with me, I reserve the right to use a private taxi/Uber service at my discretion. You agree to reimburse me for any private taxi/Uber costs that I incur traveling to or from the Job.
Where a Job takes place outside London, you will cover the costs of my transport (be that public transport or petrol / parking costs), overnight accommodation (where applicable) and any food I am required to purchase (up to £50 a day).
Cancellation
If you seek to cancel or rearrange the Job prior to the Job Dates, you are required to notify me in advanced writing by email. Such notice is referred to in these Terms as a “Cancellation Email”.
In such cases I reserve the right to charge a cancellation fee at the following rates:
If I receive your Cancellation Email between 7 and 10 full calendar days in advance of the Job Dates, 50% of the Fee will be payable
If I receive your Cancellation Email between 2 and 7 full calendar days in advance of the Job Dates, 75% of the Fee will be payable
If I receive your Cancellation Email 2 or less full calendar days in advance of the Job Dates, 100% of the Fee will be payable.
For the purpose of clause 5(b) above, a Cancellation Email will be deemed to have been received by me on a particular calendar day if I receive it by 9am.
Notwithstanding clause 4(a) above, in the event you seek to cancel the Job in accordance with clause 5(b) above, you agree to reimburse me for Expenses incurred by me prior the date that I receive your Cancellation Email.
By way of example of how this clause 5 is intended to take effect, if the Job Dates are 1 - 4 February in a given year:
50% of the Fee will be payable if a Cancellation Email was received between 9am on 25 January and 8.59am on 27 January;
75% of the Fee will be payable if a Cancellation Email was received between 9am on 27 January and 8.59am on 29 January; and
100% of the Fee will be payable if a Cancellation Email was received after 9am on 29 January.
General
No delay or omission by a party in exercising any right or remedy under these Terms shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.
Neither party shall be entitled to assign, transfer,delegate or sub-contract the whole or any part of its rights and obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the terms and the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.
Nothing in these Terms shall be construed so as to give rise to any agency, joint venture, partnership or relationship of employer and employee between the parties.
The provisions of these Terms are for the benefit of the parties and are not intended to confer upon any person except the parties any rights or remedies hereunder. No person who is not a party to these terms shall have any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances and understandings between the parties, whether written or oral, relating to its subject.
Termination
Either party will be entitled to terminate these Terms immediately by giving written notice to the other if the other party:
commits a material breach of these Terms and fails to remedy that breach (if remediable) within 30 days after receipt of written notice requesting its remedy; or
Is the subject of a bankruptcy order or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or a receiver or administrator is appointed over the other party’s assets.
On termination or expiry of these Terms for whatever reason:
The Client shall pay all sums due and owing the date of which will be automatically accelerated to the date of termination; and
Any termination and/or suspension of these Terms shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.
Governing law and jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation.