Terms and Conditions for Creative Practitioners
In the following document, all self-employed creative practitioners will be referred to as the ‘Artist’, regardless of their area of expertise. For ease of use throughout this document, HMM Arts Ltd (our legal name) will be referred to as ‘The Hive’ as this is how we’re most widely known.
A ‘participant’ is defined as a person who is engaging in an activity provided by the Artist and contracted by The Hive. The Artist is in a position of responsibility to the participant.
‘Child’ definition:
The Children Act 1989 definition of a child is: anyone who has not yet reached their 18th birthday, even if they are living independently, are a member of the armed forces or are in hospital.
‘Adult at Risk’ definition:
An adult (18 and over) who has needs for care and support (whether or not the authority is meeting any of those needs), is experiencing, or is at risk of, abuse or neglect, and as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.
By accepting contracted work through The Hive’s online portal, you agree to the following terms and conditions:
Safeguarding
The Artist agrees to follow guidelines and procedures as required by The Hive alongside any additional partner Safeguarding Policies. The Artist understands that the agreement with The Hive is subject to a current enhanced level Disclosure Barring Service (DBS) check or evidencing a current DBS certificate via the Update Service, evidencing the original certificate the Update Service is relating to and providing two acceptable references to The Hive if requested. The Artist’s work cannot begin until a valid enhanced DBS certificate has been seen. DBS checks must be carried out via The Hive’s account and at the cost of the Artist. It is the responsibility of the Artist to ensure they adhere to these terms and that they communicate with The Hive. when their DBS certificate is 2 months from expiry or if they lose the original copy of their certificate. A new DBS certificate must be applied for every 3 years or renewed annually on the Update Service.
It is the responsibility of the Artist to upload evidence of their DBS certificate to The Hive’s online portal and to ensure the expiry date is entered correctly.
Safeguarding training will be offered in-house by The Hive on an annual basis and the Artist must commit to taking part in this training. If the Artist is unable to attend due to unavoidable circumstances, it is their responsibility to ensure their safeguarding training is renewed every 2 years and they must complete an alternative online or in-person course, at their own cost. An understanding of and commitment to following the safeguarding requirements of The Hive is essential and training must be kept up to date.
The Hive’s Safeguarding Children Policy is available on the portal, please read and familiarise yourself with this policy.
If applicable, it is the responsibility of the Artist to upload evidence of their external safeguarding certificate to The Hive’s online portal and to ensure the expiry date is entered correctly.
If any safeguarding issues arise The Artist must inform the Designated Safeguarding Lead (Ellen Green), Deputy Safeguarding Lead (Sarah Evans) or CEO (Katie Jennings) immediately as a matter of urgency. The DSL/ Deputy DSL/ CEO will follow The Hive’s safeguarding procedures accordingly.
Insurance
The Artist must have adequate public liability insurance in place and it is their responsibility to upload evidence of it to The Hive’s online portal, alongside ensuring the expiry date is entered correctly. Each time the PLI is renewed, it is the Artist’s responsibility to upload their certificate to The Hive’s online portal and update the expiry date.
If the Artist uses a motor vehicle whilst carrying out contracted work for The Hive, they must ensure that the vehicle complies with current relevant legislation and holds relevant insurance for it to be used for business purposes. The Artist must not at any time transport participants using their vehicle.
Mutuality of Obligation
The Hive is not obligated to provide work for the Artist. Work is allocated depending on project content, Artist suitability and availability. Once a contract has ended, The Hive may choose to not offer the Artist future work should they fail to comply with any of the terms in this document.
Taxation
The Artist is not an employee of The Hive and is therefore responsible for paying all taxes arising on the fees or other payments made under this agreement and for the payment of National Insurance and other similar payments. Please note this is a contract for services and therefore there is no entitlement to sick pay or holiday pay.
The Artist must ensure that The Hive are aware of their Unique Tax Reference (UTR) code to prove that they are registered as self-employed. Please ensure it is correctly entered into The Hive’s online portal.
Monitoring and Evaluation
Monitoring and evaluation will be facilitated by The Hive and full co-operation in this process is required to ensure appropriate monitoring and evaluation of the activity. This data must be presented to The Hive via the online portal no more than 14 days after the relevant contract ends. If working alone, the responsibility for this falls solely to the Artist, however, for projects where more than one Artist are contracted to work together, a Lead Artist will be identified by The Hive. The Lead Artist then has ultimate responsibility for submitting an evaluation on behalf of the group.
The Artist must notify The Hive should they experience a technical issue with The Hive’s online portal. Initial and further training can be provided at any time should the Artist feel it’s needed to make the evaluation process quicker and easier for them.
Should The Hive feel that the evaluation has not been completed satisfactorily or that further information is required, the contract can be returned to The Artist via The Hive’s online portal and the additional work must be completed before the invoice is paid.
The Artist may be required to ensure accurate monitoring statistics are fed back to The Hive via the online system.
Management of the contract will be provided by The Hive and failure to cooperate will result in termination of contract.
Risk Assessment
The Artist must ensure that any risk assessment requirements requested by The Hive are met. Risk assessments are required for all activities contracted by The Hive as indicated against each activity in the contract. The Hive carry out general risk assessments for all activities happening within the venue which are reviewed annually. These can be used as a starting point for The Artist’s risk assessment but must be adjusted to the unique activities happening in their workshop(s).
It is the responsibility of the Artist to complete a relevant risk assessment for each activity if working alone, or for the Lead Artist to complete and share with their colleagues, should they be working in a group. The Hive do not ask for proof of every risk assessment but the Artist must be able to provide it upon request.
Payment of Fee
Invoices should be received by The Hive via the online system no later than 21 days after completion of contracted work.
Individual Artist fees are variable depending on the type of activity being delivered, the project the activity is funded by, responsibility within the activity (i.e., leader, session worker, or Shadowing Artist) and duration of delivery. Rates of pay are decided at the point of application to a funder and are almost always fixed until the end of that project. The Hive will push for competitive wages whenever a new project is applied for and it is the responsibility of The Artist to communicate any dissatisfaction with pay before accepting the contract.
Payments will be made on the production of the appropriate evaluation and monitoring information and risk assessment required by The Hive
It is the responsibility of the Artist to ensure the bank details that The Hive holds for them are correct.
Cancellation of Sessions
Should sessions be cancelled with less than 14 days’ notice by The Hive or the venue provider, and are unable to be re-arranged at a mutually convenient time, full payment will be made to the Artist for that session.
Should the Artist be unable to attend a session, it should be re-arranged at a mutually convenient time and no payment will be made to them for the cancelled session. Should this occur, the Artist should contact The Hive as soon as possible. For activities where more than one Artist is present, the unavailable Artist must notify The Hive before the activity takes place so that The Hive can decide whether the activity can continue without them. Should this notification need to take place outside of The Hive’s opening hours, the Artist must contact the Chief Executive Officer: Katie Jennings – 07793964385.
Timekeeping
It is the responsibility of the Artist to set up all furniture, equipment and materials needed for their activity unless pre-arranged with The Hive’s Venue Manager. The Artists must allow at least 15 minutes before and after the sessions for set-up and tidy-up. This ensures that it is the responsibility of The Artist to greet participants as they arrive and to leave the room as they found it once their activity is complete.
Should the Artist be running late due to exceptional circumstances, it is their responsibility to notify The Hive immediately. If the Artist is working in a group, it is also their responsibility to contact their fellow Artists immediately so that The Hive knows whether another Artist will be present to supervise the activity on time.
We rely on our Artists arriving within plenty of time to set up for a session to be ready to start promptly. A late start can disappoint our participants, and project partners and can reflect negatively upon The Hive If an Artist is persistently late to sessions (not turning up 15 minutes before the start of the session, more than twice) then they risk losing their contract of work with The Hive.
Participant Supervision
The workshop leader must be aware of the arrival and departure arrangements of all children and adult participants who are at risk, and ensure they are adhered to. It is the responsibility of The Artist to notify The Hive, should they be concerned about how or when a participant arrived or left their activity.
It is the responsibility of The Hive to ensure emergency contact numbers are known for all children and adult participants who are at risk unless the activity is provided for a group and the accompanying youth or support worker holds this information.
Participants must be supervised at all times when using public spaces within the venue and children or adult participants who are at risk may not be allowed to leave the building unless written permission has been provided by their parent or carer.
If the Artist is providing a one-to-one activity where they are working alone with a child or an adult participant who is at risk, they must not leave the building alone with that participant under any circumstances. In the exceptional circumstance that any child or adult participant who is at risk leaves the building against the advice of the Artist, The Hive must be notified immediately, alongside the Artist or employee of The Hive attempting to keep the participant in sight.
Confidentiality
All Artist personal details are stored in line with The Hive’s GDPR Policy and will not be shared with other Artists or organisations without prior consent being sought from them.
It is the responsibility of the Artist to ensure that the contact details that The Hive hold for them are correct.
The Artist must be aware of and respectful of current GDPR legislation when documenting the activities contracted by The Hive. The Artist must be able to provide evidence of image consent from an appropriate adult, which could be the participants themselves.
Neither the Hive nor the Artist should ever share any personal information with a participant (e.g. address, personal phone number, email address, personal social media account). Should a participant attempt to contact the Artist using their personal information, they must notify The Hive immediately.
Termination
This Agreement may be terminated at any time by either party upon the provision of 28 days’ notice to the other party.
If the Artist fails to fulfil the terms of the contract or acts in any way to bring The Hive into disrepute, the agreement will be terminated forthwith without notice.
Shadowing Artists
From time to time, the Artist may be asked to provide shadowing/observation opportunities for trainee Artists. The precise requirements will be discussed and agreed upon with the Artist in advance, as and where appropriate.