(“the Assistant Trip Leader”)
DEFINITIONS:
In this Agreement the following words shall have the following meanings:-
“Confidential Information” means the information relating to the business activities of the Company including but not limited to
its operations, financial data and present and future services, its contacts, its clients and all know-how in connection with the
manner in which it runs and operates its Trips, which the Assistant Trip Leader will have access to during the Term.
“Trip(s).” means the trip(s) stated at the top of this contract.
“In Country Agent” means the company, individual or enterprise whose role is to provide the in-country logistics and support for
the Trip.
“Leader’s Briefing Pack” means a package given as standard procedure to the Trip Leader and Assistant Trip Leader before departure on the Trip(s),
containing details of the Trip(s) that the Assistant Trip Leader will require to carry out their duties during the Trip(s).
“Operations Sheet” means the list of operational requirements to be carried out by the In-Country Agent during the Trip(s), pre-
organised and paid for by the Company.
“Head Office” means the Registered Head Office of the Company.
“Post Trip Report” means the report on the Trip which is completed by the Trip Leader and Assistant Trip Leader electronically and emailed to the Company
on completion of the Trip(s)
Risk Assessment” means the document contained within the Leader’s Briefing Pack which details operational risks and
mitigations for the Trip(s).
“Team Members” means each and every person participating in the Trip(s).
“Term” means the period from the date of this Agreement to the date of completion of Post Trip Report(s) or such other
reasonable rescheduled dates as may be agreed between the parties.
In this Agreement, masculine terms may be used for convenience, but are deemed to include the feminine and non-binary.
WHEREAS:-
1. The Company is engaged in the business of providing trips and is to provide the Trip.
2. The Company wishes to appoint the Assistant Trip Leader to act as assistant leader of the Trip and the Assistant Trip Leader wishes to accept the
appointment on the following terms and conditions.
NOW IT IS AGREED as follows:
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1. APPOINTMENT
The Company appoints the Assistant Trip Leader to act as assistant leader of the Trip upon the terms and conditions set out below and to
observe and perform the duties required of them before, during and after the trip. The Assistant Trip Leader will report to and
comply with the directions of the Trip Leader and Directors of the Company at the Company.
2. DUTIES REQUIRED PRIOR TO THE TRIP(S)
Prior to the Trip the Assistant Trip Leader will:-
2.1. Familiarise themselves with the content of the Company’s Responsible Travel, Privacy and Animal Welfare Policies.
2.2. Provide evidence of a current and valid first aid certificate. They must be conversant with the likely illnesses that the
Team Members may be subjected to during the Trip, their degree and potential hazards and appropriate remedies.
2.3. Provide evidence of the minimum acceptable training or qualifications required for an Assistant Trip Leader, being the ML/Summer
(Assessed) or as approved by Tribal Tracks Director.
2.4. Be interviewed and approved by a Director of the Company.
2.5. Provide all their own personal equipment required, to include at least the items listed for the Team Members in the Trip
kit list which will be provided at a later date and prior to the Trip. In addition, the Assistant Trip Leader may be asked to provide
additional equipment as required.
2.6. Provide their own Trip medical kit
2.7. Have all the necessary vaccinations at his own expense.
2.8. Obtain the necessary visas for the Trip.
2.9. Have the necessary personal travel insurance at their own expense
3. GENERAL DUTIES OF THE ASSISTANT TRIP LEADER
The Assistant Trip Leader confirms that they are aware of the responsibility they will have as Assistant Leader of the Trip and considers they will be able to fully perform their duties and agrees:-
3.1. To ensure that they are available to the Company to be an Assistant Leader of the Trip or to be Assistant Leader for the Trip on reasonable rescheduled dates and at such other times as the Company shall reasonably require.
3.2. To devote such of their time attention and abilities as may be necessary for the proper exercise of their duties as Assistant Trip Leader including assisting with directing and ensuring the safety of the Team Members with the purpose of ensuring that each and every Team Member gains the maximum value from the Trip.
3.3. To comply with all reasonable directions of the Company.
3.4. To use their best endeavours to promote the interests of the Company.
3.5. To comply with and promote the Company’s Responsible Travel and Animal Welfare Policies. The Company’s
commitment to Responsible Travel and Animal Welfare is at the heart of what the Company does.
3.6. To use utmost good faith in the performance of their obligations under this Agreement and to act in the proper and
fitting manner throughout the Term so that at no time shall the Company and /or the Assistant Trip Leader be called to account
by a Team Member or In Country Agent for any indiscretion or improper behaviour of the Assistant Trip Leader.
3.7. To promptly refer to the Company’s Head Office all enquiries made or any doubts expressed by any Team Member about any points that the Assistant Trip Leader may have or has failed to take account of or deal with.
3.8. Where directed by the Trip Leader, to report at the earliest opportunity and by the quickest possible means to the Company any accident, injury, complaint or otherwise suffered by or made by any one or more of the Team Members. If directed by the Trip Leader, the Assistant Trip Leader shall send to the Company as soon as possible a complete and full written report of the circumstances of the incident containing wherever possible the names and addresses of all persons who were or may have been witnesses to the events leading to the incident and including full particulars of those events that the Assistant Trip Leader knows of or has been informed may have been or were the cause of any such accident injury complaint or otherwise and the actions taken by the Assistant Trip Leader thereafter. The Assistant Trip Leader may be required to hold an Emergency Fund for use in insured events and emergencies only. The Assistant Trip Leader will not use any such Fund for any other purpose without the permission of the Company and they will be personally liable for unauthorised use of any such Emergency Fund.
3.9. To generally take all reasonable steps to help fulfil the contractual obligations of the Company to the Team Members, ensure the assistance with the smooth and efficient running of the Trip and ensure that all Team Members benefit from the Trip in accordance with the aims and policies of the Company.
3.10.Within 14 days from the last day of the Trip, to complete a Post-Trip report for each separate Trip on the provided format from the Head Office
3.11. To attend a Company pre trip briefing, if required, prior to Trip departure organised through Head Office.
3.12. To demonstrate a positive image of themselves as Assistant Trip Leader and promote the Company to their clients at all times.
The Assistant Trip Leader agrees to wear company branded clothing whenever meeting company clients prior to the Trip, while travelling to and from the country in which the Trip is situated and while carrying out their duties as Assistant Trip Leader. The specific items to be worn will be as appropriate for the conditions.
3.13. To assist the Trip Leader in ensuring that the In-Country Agent carries out their duties expressly as required on the Operations Sheet for the Trip. If the In-Country Agent is unable or unwilling to carry out these duties then the Assistant Trip Leader, if directed by the Trip Leader agrees to inform the Head Office/Duty Officer of the Company immediately.
3.14. To ensure that the Trip is fully branded as a Tribal Tracks Trip. They will help to ensure that the In-Country Agent does not distribute to clients any information or items with name of the In-Country Agent. They will help to ensure that on meeting at the airport, the In-Country Agent representative will display a large clear sign showing ‘Tribal Tracks’ and the Company logo. This will also be shown clearly in the front window in any private transport vehicle at all times during the Trip. If the In-Country Agent is unable or unwilling to carry out these duties then the Assistant Trip Leader, if directed by the Trip Leader, agrees to inform Head Office immediately.
3.15. If asked to by the Trip Leader, to provide timely information via email, text or messaging app to Head Office on the progress of the Trip where possible.
3.16. To help deliver daily briefings to the Team Members on the activities taking place in the following 24 hours.
3.17. That they are aware that the itinerary can only be changed in extreme circumstances and any changes that incur additional costs must be cleared through Head Office prior to the actual change taking place.
3.18. That they are aware that any costs that are not specified in the budget provided must be cleared through Head Office prior to the costs being incurred.
3.19. To be responsible for reading and carrying out all the duties/briefings specified in the Risk Assessment which is contained within the Assistant Trip Leaders and Trip Leader’s Briefing Pack.
3.20. To stay with the group at all times and the Assistant Trip Leader is fully aware they agree to stay overnight in the same place as the group unless specifically stated on the Operations Sheet as required by the Trip.
3.21 Ensure all duties and briefings highlighted in the risk assessment provided are carried out.
4. CONFIDENTIALITY
The Assistant Trip Leader shall not at any time during or after the Term divulge or allow to be divulged to any person, company,
organisation or association or use in any way for his own purposes or for the purposes of a third party any Confidential
Information relating to the Company’s business or affair
5. RESTRICTIONS
Prior to departure and throughout the duration of the Trip, the Assistant Trip Leader undertakes not to promote or advertise in any way,
any other business or activity that they are otherwise engaged in.
The Assistant Trip Leader undertakes that they as individuals, or through any existing or new company that the Asistant Trip Leader owns,
manages, is employed by or becomes engaged in or is otherwise directly or indirectly connected to which is in the business of
mounting Trips, shall not, during the Term or for a period of twelve months after the Term:
5.1 Solicit any clients of the Company including but not limited to any previous clients that the Assistant Trip Leader has led on Trips
or had an association with.
5.2 Contact or deal with any clients of the Company without the express prior approval of the Company including but not
limited to the clients that the Assistant Trip Leader leads during the Term.
5.3 Solicit or otherwise contact any In Country Agents of the Company or their employees including but not limited to the
Company’s In-Country Agent/s that the Assistant Trip Leader comes into contact with while exercising their duties as the Assistant Trip Leader.
This includes, but is not restricted to, the purposes of asking for work and/or contacting employees or sub-contractors of
the In-Country Agent with a view to them working for or in association with the Assistant Trip Leader.
5.4 Represent themselves as being employed by or a representative of or associated in any way with the Company.
5.5 The undertakings contained in this Clause 5 are considered to be reasonable.
5.6 Each undertaking in this clause is separate and independent and may be severed from the remainder to the intent that
the unenforceability of any one or more of such undertakings shall not in any way affect the validity of any of the other(s).
6. IMMEDIATE TERMINATION
The parties agree that if the Assistant Trip Leader commits or is guilty of any of the following acts, then the Company may on written
notice terminate this Agreement with immediate effect:
6.1 if the Assistant Trip Leader is in breach of any obligation under this Agreement; or
6.2 if, during the Term, the Assistant Trip Leader sets up or becomes engaged in any activity or similar activity as the business of the
Company;
6.3 Is convicted of any offence which calls character into disrepute;
6.4 the Assistant Trip Leader becomes bankrupt.
7. DOCUMENTATION
All documentation and other equipment provided to the Assistant Trip Leader by the Company shall remain the property of the Company
and the Assistant Trip Leader will return it to the Company without keeping copies at the end of the Term.
8. CHANGE TO ITINERARY OR TRIP LEADER
8.1 The Assistant Trip Leader agrees that the Company has the right to make changes to the dates of and /or itinerary of the Trip and
even in extreme circumstances cancel it/them.
8.2 The Company has the right to remove the Assistant Trip Leader from the Trip if any objection is made to the use of the Assistant Trip Leader
at any time by the client, the In-Country Agent, or the Directors of the Company.
8.3 If clauses 8.1 and 8.2 come into effect, the Assistant Trip Leader agrees (other than in the event of cancellation and removal) to
provide the same services to the Company as are provided for in the Agreement and further agrees that in the event of
cancellation of the Trip or removal they will only be eligible to receive reasonable pre-paid expenses that have been
previously agreed prior to receiving notice of cancellation or removal.
8.4 if it is no longer possible for the Assistant Trip Leader to help lead the Trip, immediate notice must be given to the Company. In addition,
the cost of the flights and accommodation for the reconnaissance trip will be reimbursed to the Company by the Assistant Trip
Leader.
9. INDEMNITY
The Assistant Trip Leader shall indemnify and keep the Company indemnified in respect of all liabilities, costs, losses, damages or
expenses arising as a result of any breach by the Assistant Trip Leader of the terms of this Agreement.
10. EXPENSES AND INSURANCE
The Company agrees:-
1. Upon the return of the Assistant Trip Leader from the Trip to pay a fee of £50 per day for the assistant leading role and to reimburse
expenses incurred by the Assistant Trip Leader. Expenses will be reimbursed only upon production of evidence of expenditure,
such as a paid receipt, reasonably required for the purposes of the Trip and clearly detailed, up to a total maximum of
£250.
2. Under the terms of its Tour Operator Combined Liability Insurance the Trip Leader will be covered for public / products
liability up to £5 million as defined in the policy (a copy of which shall be made available for the Assistant Trip Leader’s inspection).
The Company’s Leaders Expenses Policy is detailed in Schedule 1 to this contract.
11. JURISDICTION
This Agreement and the rights and obligations of the parties shall be governed by and construed in accordance with English
law and subject to the exclusive jurisdiction of the English courts. This Agreement is personal to the Assistant Trip Leader and not
assignable.
12. PRIOR AGREEMENTS
This Agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements
are cancelled as at the date of this Agreement without prejudice to any rights which have already accrued to either of the
parties.
13. STATUS OF ASSISTANT TRIP LEADER
Nothing in this Agreement shall be construed or have effect as constituting the relationship of partners or of employer and
employee between the parties and the Assistant Trip Leader shall at all times be responsible for the payment of their own National
Insurance and other contributions and the payment of Income Tax as a self-employed person.
We the undersigned agree the contract and schedules above.
