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FESTAXI Limited

Volunteers: Conditions of Volunteering

  1. Preliminary
    1. The Company permits Volunteers who meet its requirements to Work at Events to supplement the full time paid staff of the Company. These terms and conditions explain the relationship that Volunteers will have with the Company and the Work they will do.
    2. The following characteristics distinguish Volunteers from the Company's employed staff:
      • Volunteers are unpaid and do not receive any monetary reward for their Work but are granted the Privileges set out below.
      • There is no contract of employment between the Company and its Volunteers. This means that Volunteers do not have any rights under the employment protection legislation; for example, the rights not to be unfairly dismissed or to have redundancy payments do not apply to them.
    3. There are other obligations which apply to Volunteers as well as paid employees. In both the Volunteers' and the Company's interests, the main obligations now in force are set out in the Conditions, and Volunteers are required to [sign the following agreement to comply with them]. The Company will revise or replace the Conditions whenever necessary and notify Volunteers of changes when made.
  2. Interpretation - In these Conditions the following expressions have the following meanings:

Administration Fee

£10 or such other sum as the Company may from time to time determine and notify on the Website

Cancellation Fee

the amount determined in accordance with Condition 4.5 of these Conditions of Work

Company

FESTAXI Limited, of 12 Gilbert Road, Cambridge CB4 3PF registered company number 07448084

Conditions of Work

these terms and conditions as amended from time to time

Deductions

the Administration Fee and the applicable Cancelation Fee

Deposit

an amount equivalent to the ticket price of the most expensive Event at which the Volunteers wishes to work

Driver

a Volunteer selected by the Company and who is for the time being responsible for driving a Vehicle.

Event

the music festival, event or other occasion in respect at which a Volunteer provides Work.

Guidance

the non-statutory guidance from time to time in force and applicable to Events including without limitation the Guide to Health, Safety And Welfare at Music and Similar Events published by the HSE and the Guide to Safety at Sports Grounds published by the DCMS.

Misdemeanour

any of:

  1. not reporting for Work on time for a shift allocated;
  2. reporting for Work unfit;
  3. becoming unfit whilst Working; or
  4. being taken off duty for a minor violation of the Conditions of Work.

Passenger

any person or customer travelling on a Vehicle or intending to do so.

Privileges

the privileges from time to time granted to Volunteers at Events.

Regulations

are any relevant legislative enactmentsfrom time to time applicable to the Service and the Event.

Service

the provision of carriage for Passengers at the Event

Stand

the stand or pitch taken by the Company at the Event and usually located in the “festival village”, "car park" or other focal point.

Vehicle

a vehicle used by the Company at an Event.

Volunteer

any person who supplies his or her services to the Company at an Event or Events

Website

the Company’s website and materials appearing on it.

Work

the duties and responsibilities that are assigned to a Volunteer from time to time for performance at Events

  1. Qualifying Requirements
    1. Volunteers must be:
      1. aged 18 or over;
      2. reasonably fit and able to undertake the Work;
      3. flexible in their outlook and willing to deal with unexpected changes;
      4. have a clean driving licence and able to drive the Vehicles; and
      5. be in good health and free from addictions or dependencies.
    2. By applying to Work all Volunteers confirm that they meet each of the above and will do so throughout the period of the Event at which they Work.
    3. If at any time it becomes apparent that the Volunteer has misled the Company about any of the above matters then the Company may choose to cancel the arrangement and may deduct from the Deposit such amounts as are required to compensate the Company for any losses and expenses it has incurred.
  2. Deposits and Refunds
    1. Volunteers must pay a Deposit on applying to Work of the Company at any one or more Events.
    2. Refunds will be made via Paypal from which the Deposit was paid. If that account is closed or the card details change before the Deposit is refunded, the Volunteer must notify the Company to arrange an alternative method to refund.
    3. If the Volunteer reports for Work the Event for which he has registered to Work and performs the Work that is required by the Company at the Event then within a month of the last Event at which the Volunteer has worked the Deposit will be refunded directly to the Volunteer.
    4. An Administration Fee will be deducted from the Deposit before the amount is refunded.
    5. If the Volunteer:
      1. notifies the Company not less than 3 weeks before the Event for which he has registered to Work that he does not wish to Work at that Event will incur Deductions of £15 comprised of the Administration Fee and a Cancellation Fee of £5 will be made from the Deposit before it is returned;
      2. notifies the Company less than 3 weeks but at least 2 weeks the Event for which he has registered to Work that he does not wish to Work at that Event will incur Deductions of £25 comprised of the Administration Fee and a Cancellation Fee of £15 will be made from the Deposit before it is returned;
      3. notifies the Company less than two weeks before the Event for which he has registered to Work that he does not wish to Work at that Event then the Deposit will be forfeit in its entirety;
      4. fails to report for Work at the Event for which he has registered to Work as required then the Volunteer will lose all of the Deposit and removed from the database of Volunteers;
      5. is late arriving for Work at the Event for which he has registered to Work and the Company has not agreed this then the Volunteer will lose all the Deposit and the right to entry to the Event itself.
    6. There are exceptions to the above as follows:
      1. Illness: if the Volunteer tells the Company he is unwell as soon as possible and provides a sick note from a qualified medical practitioner certifying that he is unable to Work then the Company will consider the merits of the matter and may in appropriate circumstances refund some or all of the Deposit less a Cancellation Fee (the amount of which will be determined on the basis of the effective notice give) and the Administration Fee.
      2. Other: if the Volunteer tell the Company as soon as possible and can provide documentary evidence the Company will consider your case. We reserve the right to charge a cancellation fee
      3. Standby list: if the Volunteer have been, or asked to be, added to a standby list and are not selected the Deposit is not affected. If this is the only Event for which he has registered to Work and is he not due to Work at other Events later in the same year then the Deposit will be returned in full.
      4. Late arriving: if the Company in its sole discretion accepts there are good reasons for the late arrival of a Volunteer at the Event for which he has registered to Work and the Volunteer has genuinely attempted to let the Company know then the Company may in appropriate circumstances waive some or all of the Deductions that would otherwise be charged.
    7. If the Volunteer commits a first Misdemeanour and the Company can rearrange the shift then the Volunteer will be reprimanded and a warning note issued. This will affect selection for future Events.
    8. If the Volunteer commits a repeat or second Misdemeanour then the Deposit will be forfeit, the arrangement will be terminated by the Company and the Volunteer and be removed from the Event site.
    9. Deposit money is held in a secure holding account until the Volunteer have completed the last Event. Within three weeks of confirming that the Volunteer has worked all shifts satisfactorily, the Company will start the process to refund the Deposit. If your bank/card details have changed the Volunteer must let the Company know before it starts to process the refund as this costs the Company additional transaction fees.
  3. Duties
    1. The primary duties of Volunteers will be driving Vehicles but Volunteers must:
      1. perform the duties that are assigned to them within the scope of the activities of the Company at the Event; and
      2. comply with all reasonable directions given by the Company.
    2. In all circumstances the Volunteer must act in accordance with Company guidelines. If in any case where emergency action must be taken to avoid injury, damage or loss Volunteers should act responsibly in accordance with the Company's objects and report the matter as soon as possible to someone empowered by the Company. At no times must any action be taken which might risk injury, damage or loss to any person or property.
  4. Privileges
    1. Subject to the due and proper performance of their duties in accordance with the Conditions of Work Volunteers will be entitled to enter and remain at the Event at which they Work free of charge and access [the facilities at that Event?].
    2. The Company reserves the right to withdraw or restrict the Privileges at any time, with or without prior notice, if the Volunteer fails to adhere to the Conditions of Work.
  5. Vehicles
    1. If the Volunteer is required to drive any Vehicle in connection with the Company's activities, he shall do so in accordance with the Conditions of Carriage.
    2. Volunteers must in no circumstances accept any payment from Passengers or otherwise vary the Service.
  6. Insurance
    1. The Company maintains insurance against risks which it considers necessary, including loss and damage to or destruction of its property and the injury or death of members of the public affected by its activities and of its employees and Volunteers undertaking authorised work for it.
    2. The insurance does not extend, for example, to unauthorised work or to authorised work carried on by persons not authorised by the Company. It is therefore most important that Volunteers ensure that they comply with the conditions of the Company's insurance and do not do anything which might result in the insurance being avoided.
  7. No agency
    1. Except when expressly authorised in writing, no Volunteer is the agent or representative of the Company in any way or has any authority or right to assume any obligation of any kind express or implied on behalf of the Company or to bind or commit the Company in any way.
  8. Health and safety
    1. The Company is under a duty to ensure so far as is reasonably practicable the health, safety and welfare at work of all employees and other persons (including Volunteers and members of the public) who are affected by its activities. Volunteers as well as employees must take reasonable care for the health and safety of themselves and other persons who may be affected by their acts or omissions at work and must co-operate with the Company so far as is necessary to perform any duty or comply with any requirement imposed by any relevant law.
    2. Notices will be posted or issued giving information to all employed and Volunteer staff to ensure that they are fully aware of the health and safety hazards within their working environment and procedures and precautions in respect of them as necessary.
    3. The Company's chief executive is responsible for the health and safety policy, its review and implementation and the provision of a budget or other means to ensure that it is implemented. If the Company appoints a safety officer he will report to the chief executive and if none is appointed the chief executive will act as safety officer.
    4. It is the duty of all employed and Volunteer staff to co-operate fully with the health and safety policy by all means including:
      1. performing their duties safely and efficiently;
      2. complying with any Company requirements on testing for drink or drugs;
      3. not doing anything which does or might injure any other person or expose any other person to risk;
      4. making full and proper use of all safety and protective equipment and clothing;
      5. adhering to all procedures specified by the employed and Volunteer staff or any instructions issued with any plant or machinery or substances used at work; and
      6. reporting to the Company at the Stand any actually or potentially unsafe conditions, system of Work, buildings, Vehicles, plant or other equipment.
    5. The Company operates a no smoking policy and employees and Volunteers may not smoke anywhere in the course of their duties at the Stand.
  9. Confidentiality
    1. All information relating to the Company (including its organisation, finances and activities) is confidential. Volunteers must keep this information secret and not use or disclose it except as authorised or required by their duties and shall use their best endeavours to prevent the use or disclosure of it by any other person.
    2. The obligation under clause 11.1 above applies without any time limit but shall cease to apply to information which the Volunteer establishes has in its entirety become public knowledge otherwise than through any unauthorised disclosure or other breach on his part of that restriction.
    3. All records in any medium (whether written, computer readable or otherwise) including accounts, documents, drawings and private notes about the Company and its activities and all copies and extracts of them made or acquired by the Volunteer in the course of his work shall be:
      1. the Company's property;
      2. used for the Company's purpose only;
      3. returned to the Company at any time on demand; and
      4. returned to the Company without demand at the end of the Event.
  10. Public
    1. No Volunteer may at any time:
      1. make any statement about the Company to the press or other form of public media, except with the Company's written consent; or
      2. represent himself as working for or employed by or in any way connected with the Company or its activities other than as a Volunteer driver at Events .
  11. Termination
    1. The Company reserves the right to refuse the offer of services of any Volunteer, generally or in any particular case, and to terminate any work being done by a Volunteer. The Company may exercise these rights at any time, with or without prior notice and without giving any reason.