SFL Group Logo
Freelancer Application Form

Please complete the entire form to submit your information.

* Indicates a Required Field

Please add all relevant qualification information below. Without details of your qualifications, you may miss out on relevant work opportunities.

Read More

Sound Foundation Ltd 

Freelancer / Contractor Workers Agreement 

Introduction 

This document includes the Terms of Agreement for any freelancer or contractor engaged by SFL GroupIt also includes the Health and Safety obligations of a contractor and Non-Disclosure agreement termsIn many cases, you will be required to accept these terms through TeamTrack. HR will advise you if acceptance of these terms is required outside of the TeamTrack platform. 

This document also includes standard Terms of Engagement with SFL Group. Variations to these terms may determine whether you are considered employed or self-employed for tax purposes and whether our payment to you will have tax and national insurance contributions deducted. Please read the terms that apply to you. 

  • Limited Company or Partnership: Terms of Engagement for freelancer / sub-contractor workers operating as a limited company / personal service company or partnership. These terms outline very specific conditions that define your employment status for tax purposes, and are in line with HMRC changes to IR35 regulations introduced in April 2021. The terms in this section must be met in order to be considered self-employed for tax purposes as you will receive a status determination from us based on the nature of your engagement which you are required to agree to prior to receiving payment. Note: if you provide your services through and are paid by an agency, they will also receive a copy of the status determination from us and pay you in accordance with that determination.  

  • Sole Trader: Terms of Engagement for freelancer / sub-contractor workers operating as a sole trader. These terms outline very specific conditions that define your employment status for tax purposes. 

More specific details regarding working with SFL Group, day to day application of these terms, plus invoicing and payment procedures are available in the Freelancer Handbook. If you do not have a copy, please contact freelance@sflgroup.co.uk.Page Break 

Sound Foundation Ltd 

Terms of Agreement for all Freelancer / Contractor Workers 

 

SFL Group seeks to operate at all times in accordance with best practice and in accordance with current legislation. 

 

The following terms are therefore provided to form the basis of an agreement with all sub-contractors and freelance engineers. This will ensure that they all operate to a common professional standard and enable the Company to satisfy our clients that we have their best interests at heart and are adhering to our commitment to operate all aspects of our business honourably. 

 

We are also subject to regular checks by  to whom we can provide access to our accounts records and names and addresses of our suppliers and customers. 

 

The following terms will apply to all sub-contractors engaged by the company and supersede any previous written or verbal agreements. 

This Agreement shall govern the contract between Sound Foundation Limited trading as SFL, SFL Group, Congo Blue or B&H Sound Services and you. 

This Agreement shall be effective from the date you agree to the Freelancer / Contractors Terms and Conditions which is on TeamTrack or available from HR.  

 

  1. Your Business 

  1. You must either offer services through your own limited company (you are required to enter your company number in Team Track) or be a sole trader, registered as self-employed with HMRC. 

 

  1. Insurance 

  1. You must have their own public liability insurance to a minimum of £5M and have a valid copy uploaded to TeamTrack. Should you be working abroad, you are also required to have suitable insurance and medical cover for the work you will be undertaking. 

 

  1. Driving 

  1. If required to drive company or hire vehicles, your driving licence number and expiry will be required . In all cases, you must advise the company of any subsequent matter likely to affect your insurance status – i.e. any accident or offence. 

  1. Whilst in charge of any vehicle (Company, hire or your own car) when working for SFL Group, you must not consume alcohol or be under the influence of alcohol or drugs. 

  1. You must ensure a vehicle is legally parked. 

  1. We will not pay parking, speeding or any other fines relating to the handling of the vehicle. Your invoice will be deducted this amount, or you will be invoiced separately to pay for fines. 

 

  1. Criminal Records and Protection 

  1. It is expected that you inform us if you have any criminal convictions, especially where they may affect your ability to work with us or on specific jobs, and where appropriate the nature of the conviction. 

  1. For some events you may be required to undertake or produce a current DBS certificate. 

 

 

 

 

  1. Health & Safety, Our Expectations and Safe Working Procedures 

  1. As self-employed contractor, under the Health and Safety at Work Act 1974 (HASAWA), you are required to make adequate provision for Personal Protective Equipment (PPE), Risk Assessments, Work Methods and First Aid etc. 

  1. As a self-employed contractor, you have certain duties under the Health and Safety at Work etc Act 1974 (HASAWA.) These duties include: 

  1. If you are also an employer, to fulfil the duties of an employer. 

  1. To conduct your undertaking in such a way as to ensure, so far as is reasonably practicable, that both you and other persons (not being your employees) who may be affected thereby are not exposed to risks to their health and safety. 

  1. Not intentionally or recklessly to interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. 

  1. To provide your own Personal Protective Equipment (PPE) and/or clothing. 

  1. A reminder of HASAWA responsibilities for self-employed contractors: 

  1. Under HASAWA, if a significant risk could be created to a large number of people, a risk assessment, written proof of a safe system of work, and training would still be required from a self employed contractor with fewer than five employees. (e.g. a rigger) 

  1. Also regulations, 9 & 10 of the HASAWA requires employers and the self-employed to work together to co-ordinate their activities, to co-operate on health and safety, and to share information. Employers and the self-employed must provide information on risks and the control methods in place to address the risks to employees. 

  1. The client, promoter, the venue or act you work for must provide a health and safety policy statement and risk assessment for the operations being carried out by them. 

  1. The relevant person should also make you aware of the position of emergency and first aid equipment, details of emergency procedures and evacuation etc. Also to advise on the location of toilets, washing and other welfare facilities that may exist. 

  1. The duty normally applies with the Production/Tour manager, they should also request copies of any contractors Public/Employers liability insurance. 

  1. Production Document and/or CDM will be available for each job you undertake, please read this carefully and highlight any concerns with the Project Manager on site. 

  1. We may ask that you complete a short training session on some basic safety principals. 

 

  1. Dress Code 

  1. Our standard of dress code for rigging and de-rigging is black jeans and black polo/T shirt. We may issue branded polo shirts as required. 

  1. Dress code will be specified in the production document if different to above. 

  1. Some corporate clients specify the dress code i.e. Blacks, suits, black tie, etc for the event. It is your responsibility to be suitably dressed. 

 

  1. Confidentiality and Non Disclosure 

  1. During the course of providing services for SFL Group you may have access to and become aware of information, which is confidential to SFL Group or its clients. You undertake that you will not directly or indirectly disclose to any unauthorised person any knowledge or information relating to SFL Group’s business, or the business of any of SFL Group’s clients without first obtaining permission in writing from SFL Group. You will not use for your own purposes or profit or for any purposes other than those of SFL Group, any information which you may acquire in relation to SFL Group and/or its clients’ business. 

  1. You will likewise use your best endeavours to prevent the unauthorised publication or disclosure of any such trade secrets or confidential information. You will inform SFL Group immediately upon becoming aware, or suspecting, that any unauthorised person, company or organisation knows or has used any confidential information. 

  1. It is also a condition of your Service Agreement with SFL Group that you are expected not to copy, abstract or summarise the whole, or any part of any company document, without prior written consent from SFL Group. Unauthorised access to Company information, whether computerised or manual, may lead to termination of your Service Agreement with SFL Group. In the case of computerised information, “hacking” or deliberate attempt to access data not intentionally shared with you would be considered as constituting a material breach of your Agreement with SFL Group, an offence likely to result in the termination of your Agreement with SFL Group, and potentially legal action.  

  1. For the purposes of this Agreement confidential information shall include, but shall not be limited to: 

  1. Any confidential information concerning the business, its dealings or affairs, its clients or those of any associate company. 

  1. Any trade secret or process. 

  1. Any information concerning financial matters. 

  1. Any information contained on SFL Group’s databases. 

  1. Any information concerning new product, service or information technology developments. 

  1. The names, addresses, telephone numbers, contact details, fee structure and rates information and all other information of whatsoever nature concerning any company, firm or individual who is, or has been at any time a client or prospective client of SFL Group and including lists containing such information (in whatever medium this information is stored); 

  1. Any other information which SFL Group is bound by an obligation or duty of confidence owed to a third part. 

  1. This restriction shall continue to apply after the termination of this Agreement without limit in point of time, but both during your assignment and after its termination, will not apply to information ordered to be disclosed by a court or tribunal of competent jurisdiction, or otherwise required to be disclosed by law, or to information which becomes available to the public generally (other than by reason of your breaching this clause) without requiring a significant expenditure of labour skill or money. Nothing in this clause will prevent you making a “protected disclosure” within the meaning of the Employment Rights Act 1996. 

  1. At the time of ceasing work with SFL Group, for whatever reason, you are required to return all products, documentation or any other information related to SFL Group and, if requested, confirm compliance of the same in writing. In addition, SFL Group reserves the right to request such information to be returned during the period of notice should SFL Group deem it possible that there could be a risk, intentional or otherwise, of information being made to other parties. 

  1. You should be aware that if you leave and take any personal data with you, you may be committing a criminal offence under the Data Protection Act 2018. Personal data means any information by which a living person can be identified. 

 

  1. Your Delivery Obligations 

  1. To carry out the work set out on the contract sheet within the agreed time scales and to the agreed amounts 

  1. To provide tools necessary to fulfil the contracted work as well as your own safety equipment. This means at least gloves, appropriate safety footwear, hard-hat and ear protection (see section 4) 

  1. If you are required to climb above 2 metres you must provide and wear a safety harness. If truss climbing is required a helmet must be provided and worn in addition to the harness. Any rope, harness, pulley and karabiners must have current test certificates. 

  1. To correct any faulty or sub-standard work carried out on site without further payment. 

  1. To meet your own expenses. Any additional expenses to be charged back to SFL must be included in your quotation, or if whilst working, agreed in advance with the project lead / line manager. 

  1. That once a Purchase Order has been raised and agreed, to confirm they will undertake the work detailed. 

  1. That after receiving a PO confirmation, should the you be unable to work for any reason (including for example a double booking) it is your responsibility to ensure that a competent and suitably qualified person is substitutedsubject to the agreement of SFL Group. This will be at your expense in the event that a substitute or helper is required. 

  1. That should a SFL Group main contract be cancelled, the sub-contract work is also cancelled and no fee is payable to the sub-contractor in that respect. However if SFL Group receives a cancellation payment, then a pro-rata amount may be paid to you. 

  1. That on the occasion of a main contract being cancelled early, your agreed fee would be adjusted in relation to the completed period of the contract. 

 

  1. Our Delivery Obligations 

  1. To pay the agreed sum for the programmed work in consideration for this agreement subject to satisfactory performance. 

  1. To reimburse agreed levels of expenditure incurred on SFL Group’s behalf during the contract period. 

  1. SFL Group is not under any ongoing obligation to contract with you for your services and you are not under any obligation to provide your services to SFL Group. 

 

  1. General Terms 

  1. Breaches of this Agreement may result in Agreement termination without notice and rigorous pursuit through the courts for damages. Without limiting in any way any other rights and remedies available to us, you acknowledge that on a breach by you of the terms of this Agreement we shall be entitled to apply to the courts for an injunction preventing you from continuing the breach and for damages the calculation of which shall take full account of the value of business lost by us as a direct or indirect consequence of your breach of your undertakings given in this Agreement. 

  1. In addition to material breach of these terms, SFL Group may terminate its contract with you upon immediate notice if you become bankrupt or insolvent.  

  1. Upon termination you shall deliver up all materials owned by SFL Group then in your possession and all materials created by yourselves for the purposes of our contract with you. 

  1. Either party may terminate this Agreement at any time provided that if this Agreement is terminated without cause by you or with cause by SFL Group, then SFL Group shall only be liable to pay you a fee for the value of Services performed by you up to the date of termination. For the avoidance of doubt, termination of the Agreement does not terminate your obligations of the Agreement. 

  1. You agree that you will not use the works or display the works you have created for SFL Group in any form without the explicit permission in writing of SFL Group and will not claim association with the clients of SFL Group that you may have worked on or with during the course of providing your services to SFL Group. 

  1. For 12 months following the completion of your last project with SFL Group, you agree not to directly or indirectly, whether on your own account or in any other capacity for or on behalf of any person, firm, company or entity to contact or solicit business of the same or a similar kind from any Client of SFL Group or individual with whom you had contact with during the course of working with SFL Group, without the express permission of SFL Group.  

  1. If any one or more of the provisions of these Terms of Business shall be held to be invalid, illegal or unenforceable, the validity, legality or unenforceability of the remaining provisions or parts hereof shall not in any way be affected or impaired thereby. 

  1. You acknowledge that SFL Group’s corporate policy requires that SFL Group’s business be conducted within the letter and spirit of applicable law. By signing these Terms, SFL Group and you agree to conduct the business contemplated herein in a manner, which is consistent with applicable law and SFL’s good business ethics. 

  1. These Terms shall be governed by and construed in accordance with English law, and each party hereby submits to the exclusive jurisdiction of the English courts. 

  1. Page Break 

Sound Foundation Ltd 

Terms of Engagement for Freelancer / Sub-Contractor Workers Operating as a Limited Company / Personal Service Company or Partnership 

It is the responsibility of SFL Group to determine the employment status for the purposes of tax, of its freelancers and sub-contractors who operate through a limited company, personal service company, or partnership. 

Once your engagement is confirmed, you will be issued a status determination statement (see example in the handbook) which is the determination made by SFL Group of your employment status for tax purposes. If we are unable to determine your status as self-employed, SFL Group will deduct tax and national insurance contributions before paying your invoice.  

Note, that SFL Group also reserves the right to renegotiate rates if SFL Group is required to pay employers’ national insurance contributions on your gross payment. If you are deemed to be self-employed, you will receive gross payment and are responsible for your own tax and national insurance payments to HMRC. SFL Group will make no deductions for tax or national insurance or make HMRC payments on your behalf.  

If you provide your services through an agency, a copy of this statement will be issued to them also. If any deductions for tax or national insurance are necessary, the agency will be required to make those deductions before paying you. 

In order to consider your engagement as self-employed and outside IR35 we will seek to apply the following terms of engagement. However, the nature of each engagement will be assessed separately for each freelancer / contractor that operates through a limited company or partnership, and the terms will be outlined in the determination statement.  

Prior to accepting any contract with SFL Group, workers are advised to check their own status using the HMRC tool https://www.tax.service.gov.uk/check-employment-status-for-taxIf for any reason, your understanding differs to the terms outlined below or the status determination statement you receive, you must inform the SFL Group Project Manager and HR as soon as possible and prior to starting your engagement.  

HMRC requires that SFL Group takes ‘reasonable care’ in making determinations. Determinations cannot be a blanket statement for all freelancers and contractors. For example, a status determination statement will be created for a freelancer who provides production engineer services for events. That same statement will be issued for your records, for each engagement for as long as those events are under the same criteria and terms. If that same freelancer was offered work in our logistics team, a separate determination would be made, with a potentially different result. 

 

Nature of Engagement 

  • You provide services to SFL Group through either a limited company, partnership or unincorporated association (you are not registered self-employed as a sole trader) 

  • You have no office responsibilities towards SFL Group (‘office’ relates to positions such as board member, treasurer, trustee, company secretary or company director). 

  • You are not entitled to any benefits offered to SFL Group employees.  

  • You will not have full line management responsibilities. However, depending on your role and experience, you may be asked to lead a team for a specific event within the project or task.  

Delivery of Work and Self-Direction 

  • If you are unavailable, you must be prepared to send a substitute (either send someone who works for you (and who you pay) or propose another freelancer with the same skills) to fulfil your work if one is available. SFL Group may at its discretion reject a substitute. 

  • Your engagement relates solely to the task outlined in the specific event or project and as per the purchase order you will have received. SFL Group does not have the right to alter this arrangement once agreed. A change of task requires a new and separate agreement, which you are not obliged to accept.  

  • Whilst you may work as part of a team, you are expected to be suitable skilled to complete the tasks assigned to you without supervision and to a professional standard determined by the project leader or department head. This will be agreed as part of your contract with us.  

  • Project timeframes and duration are determined by SFL Group’s end client and deadlines are agreed accordingly in advance. Whilst SFL Group will allow for adequate breaks during project delivery, it is up to you to ensure you take appropriate breaks.  

  • The task or project in hand determines the location of your work. This is largely determined by SFL Group’s end client.  

Your Financial Risk 

  • You will be expected to supply your own tools and consumable items if required for a project. This should be included in your invoice to SFL Group and agreed in advance with the project leader or department head. Anything you purchase to complete the task is owned by you. You may be asked to drive a van to move SFL Group equipment as part of your services, this van would be provided by SFL Group 

  • You will be required to pay for travel costs to and from your home to project location. Your quote and invoice should be inclusive of these costs.  

  • Should you be engaged in set design and construction, there may be occasions where you are required to provide your own materials. You do this at your own expense and your quote and invoice should be inclusive of these costs.  

  • Should you require accommodation, this will be at your own expense and your quote and invoice should be inclusive of these costs. 

  • We will either agree a daily rate with you or a fixed price to deliver a project.  

  • If you complete the task to an unsatisfactory or unprofessional level, you will be expected to correct the work at your own expense and not be paid additional time to do this. In the scenario of time-specific or single event, failure to perform to a professional level may result in your business being removed from our system. 

  • Depending on the nature of your engagement, you are required to have your own Public Liability InsuranceYou will also be required to hold Employers Liability Insurance if you employ people.  

Your Business 

  • You will not claim to be employed by SFL Group to any third party, and will represent your own business at all times, referring to SFL Group as your client.  

  • SFL Group cannot and will not prevent you from working for other clients, including competitors of SFL Group. Nor do you require permission in advance to do so.  

  • Unless your contract specifically states otherwise, your own work, copyright and intellectual property will remain belonging to you. Similarly, any of SFL Group’s material will remain the property of SFL Group 

  • Each contract is deemed independent and whilst in practice it is possible for one to proceed from another, the engagement of one contract does not determine the engagement of another. There is no mutuality of obligation: SFL Group is not obliged to provide you with work, and you are not obliged to accept it.  

  • A ‘live’ contract may be extended by mutual agreement of both parties.  

  • Most engagements with SFL Group will not take up the majority of your working time over the course of several weeks. It is expected that freelancers will have a variety of engagements from different clients over time.  

 

Sound Foundation Ltd 

Terms of Engagement for Freelancer / Sub-Contractor Workers Operating as a Sole Trader 

SFL Group will determine the employment status for the purposes of tax, of its freelancers and contractors that work as a sole trader.  

Prior to accepting any contract with SFL Group, workers are advised to check their own status using the HMRC tool https://www.tax.service.gov.uk/check-employment-status-for-tax. If for any reason, your understanding differs to the terms outlined below that you will receive when engaged, you must inform the SFL Group Project Manager and HR as soon as possible and prior to starting your engagement.  

If we are unable to determine your status as self-employed for tax purposesSFL Group will deduct tax and national insurance contributions before paying your invoice. Note, that SFL Group also reserves the right to renegotiate rates if SFL Group is required to pay employers’ national insurance contributions on your gross payment. If you are deemed to be self-employed, you will receive gross payment and are responsible for your own tax and national insurance payments to HMRC. SFL Group will make no deductions or HMRC payments on your behalf.  

The following terms of engagement apply for freelancers/contractors operating as sole traders to be engaged and paid in line with self-employed status. If these terms do not reflect your engagement with SFL Group, you may be considered employed for tax purposes with tax and NI deductions prior to payment of invoice.  

Nature of Engagement 

  • You are a sole trader and registered self-employed with HMRC 

  • You have no office responsibilities towards SFL Group (‘office’ relates to positions such as board member, treasurer, trustee, company secretary or company director). 

  • You are not entitled to any benefits offered to SFL Group employees.  

  • You will not have full line management responsibilities. However, depending on your role and experience, you may be asked to lead a team for a specific event within the project or task.  

Delivery of Work and Self-Direction 

  • If you are unavailable, you must be prepared to send a substitute (either send someone who works for you (and who you pay) or propose another freelancer with the same skills) to fulfil your work if one is available. SFL Group may at its discretion reject a substitute. 

  • Your engagement relates solely to the task outlined in the specific event or project and as per the purchase order you will have received. SFL Group does not have the right to alter this arrangement once agreed. A change of task requires a new and separate agreement, which you are not obliged to accept.  

  • Whilst you may work as part of a team, you are expected to be suitable skilled to complete the tasks assigned to you without supervision and to a professional standard determined by the project leader or department head. This will be agreed as part of your contract with us.  

  • Project timeframes and duration are determined by SFL Group’s end client and deadlines are agreed accordingly in advance. Whilst SFL Group will allow for adequate breaks during project delivery, it is up to you to ensure you take appropriate breaks.  

  • The task or project in hand determines the location of your work. This is largely determined by SFL Group’s end client.  

Your Financial Risk 

  • You will be expected to supply your own tools and consumable items if required for a project. This should be included in your invoice to SFL Group and agreed in advance with the project leader or department head. Anything you purchase to complete the task is owned by you You may be asked to drive a van to move SFL Group equipment as part of your services, this van would be provided by SFL Group 

  • You will be required to pay for travel costs to and from your home to project location. Your quote and invoice should be inclusive of these costs.  

  • Should you be engaged in set design and construction, there may be occasions where you are required to provide your own materials. You do this at your own expense and your quote and invoice should be inclusive of these costs.  

  • Should you require accommodation, this will be at your own expense and your quote and invoice should be inclusive of these costs. 

  • We will either agree a daily rate with you or a fixed price to deliver a project.  

  • If you complete the task to an unsatisfactory or unprofessional level, you will be expected to correct the work at your own expense and not be paid additional time to do this. In the scenario of time-specific or single event, failure to perform to a professional level may result in you being removed from our system. 

  • Depending on the nature of your engagement, you are required to have your own Public Liability InsuranceYou will also be required to hold Employers Liability Insurance if you employ people. 

Your Business 

  • You will not claim to be employed by SFL Group to any third party, and will represent yourself as a sub-contractor at all times, referring to SFL Group as your client.  

  • SFL Group cannot and will not prevent you from working for other clients, including competitors of SFL Group. Nor do you require permission in advance to do so.  

  • Unless your contract specifically states otherwise, your own work, copyright and intellectual property will remain belonging to you. Similarly, any of SFL Group’s material will remain the property of SFL Group 

  • Each contract is deemed independent and whilst in practice it is possible for one to proceed from another, the engagement of one contract does not determine the engagement of another. There is no mutuality of obligation: SFL Group is not obliged to provide you with work, and you are not obliged to accept it.  

  • A ‘live’ contract may be extended by mutual agreement of both parties.  

  • Most engagements with SFL Group will not take up the majority of your working time over the course of several weeks. It is expected that freelancers will have a variety of engagements from different clients over time.  

 

© TeamTrack