(“the 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 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 before departure on the Trip(s),
containing details of the Trip(s) that the 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 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 are 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 Trip Leader to act as leader of the Trip and the 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 Trip Leader to act as leader of the Trip upon the terms and conditions set out below and to
observe and perform the duties required of him before, during and after the trip. The Trip Leader will report to and
comply with the directions of the Directors of the Company at the Company.
2. DUTIES REQUIRED PRIOR TO THE TRIP(S)
Prior to the Trip the Trip Leader will:-
2.1. Familiarise himself 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 a 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 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 his own expense
3. GENERAL DUTIES OF THE TRIP LEADER
The Trip Leader confirms that he is aware of the responsibility he will have as leader of the Trip and considers he will be able
to fully perform his duties and agrees:-
3.1. To ensure that they are available to the Company to lead the Trip or to lead 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 Trip
Leader including 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 Trip Leader be called to account
by a Team Member or In Country Agent for any indiscretion or improper behaviour of the 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 Trip Leader may have or has failed to take account of or deal with.
3.8. 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. The 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 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 Trip Leader thereafter. The Trip
Leader may be required to hold an Emergency Fund for use in insured events and emergencies only. The 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 fulfil the contractual obligations of the Company to the Team Members, ensure
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 Trip Leader and promote the Company to their clients at all times.
The 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 Trip Leader. The
specific items to be worn will be as appropriate for the conditions.
3.13. To ensure 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 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 The Company Trip. They will ensure that the In-Country Agent does not
distribute to clients any information or items with name of the In-Country Agent. They will 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 Trip Leader agrees to inform Head Office
immediately.
3.15. To provide timely information via email, text or messaging app to Head Office on the progress of the Trip where possible.
3.16. To give daily briefings to the Team Members on the activities taking place in the following 24 hours.
3.17. That he is 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 he is 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 Trip Leader’s Briefing Pack.
3.20. To stay with the group at all times and the Trip Leader is fully aware he agrees to stay overnight in the same place as the
group unless specifically stated on the Operations Sheet as required by the Trip.
4. CONFIDENTIALITY
The 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 Trip Leader undertakes not to promote or advertise in any way,
any other business or activity that they are otherwise engaged in.
The Trip Leader undertakes that they as individuals, or through any existing or new company that the 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 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 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 Trip Leader comes into contact with while exercising his duties as the 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 Trip Leader.
5.4 Represent himself 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 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 Trip Leader is in breach of any obligation under this Agreement; or
6.2 if, during the Term, the 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 Trip Leader becomes bankrupt.
7. DOCUMENTATION
All documentation and other equipment provided to the Trip Leader by the Company shall remain the property of the Company
and the 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 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 Trip Leader from the Trip if any objection is made to the use of the 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 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 Trip Leader to 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 Trip
Leader.
9. INDEMNITY
The 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 Trip Leader of the terms of this Agreement.
10. EXPENSES AND INSURANCE
The Company agrees:-
1. Upon the return of the Trip Leader from the Trip to pay a fee of £125 per day (except Winter Trips, as confirmed by Charlotte Richards, the daily fee is £138 per day) for leading role and to reimburse
expenses incurred by the 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 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 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 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 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.
