5. Common Law Duties - Leader obligations:
5.1 The Leader is under no obligation to accept any offer of work, but if the Leader does so, the Leader owes the Company the usual common law duties expected insofar as they are reasonably applicable, and agrees:
5.1.1 To ensure that they are available to the Company to lead the Programme(s), as agreed within the Leader Schedule of Work.
5.1.2 To devote such of their time, attention and abilities as may be necessary for the proper exercise of their duties as Leader, to ensure that the Services are carried out with reasonable diligence, competency, and to the best of the Leader’s abilities; and in keeping with this Agreement and as set out in the Schedule of Work and the Programme’s Leader’s Briefing Pack to ensure that each and every Client gains the maximum value from the Programme(s).
5.2 The Leader is not subject to the control of the Company, but will nevertheless comply with and observe all reasonable instructions and requests within the scope of the required Services agreed and shall use his/her best endeavours to promote the best interests of the Company at all times.
5.2.1 The Leader will not, in providing the Services, hold him/herself out as an agent, director or employee of the Company, and shall not enter into any undertakings or commitments on behalf of the Company, unless specifically authorised to do so in writing by the Company.
5.2.2 To generally take all reasonable steps to fulfil the contractual obligations of the Company to the Clients, ensure smooth and efficient running of the Programme(s) and ensure that all Clients benefit from the Programme in accordance with the aims and policies of the Company.
5.2.3 To use upmost good faith and diligence in the performance of their obligations under this Agreement and will act in the proper and fitting manner throughout the Term so that at no time shall the Company and / or the Leader be called to account by a Client or In-Country Agent for any indiscretion or improper behaviour of the Leader.
5.2.4 This Agreement is personal to the Leader and the Leader shall not be entitled to assign or sub-contract any of the Leader’s rights or obligations hereunder without the Company’s prior written consent.
5.2.5 If the Leader is unable to provide the Services due to illness or injury, the Leader must advise the Company of that fact as soon as it is reasonably practicable and shall provide such evidence of his illness or injury as the Company may reasonably require. For the avoidance of doubt, no fees shall be payable in respect of any period during which the Services are not provided.
5.2.6 To comply with the Company’s Code of Conduct.
5.2.7 The Leader will take all reasonable steps to safeguard their own safety and the safety of any other person who may be affected by their actions whilst providing the Services. In respect of Services that involve working with Children and Vulnerable Adults, the Leader will adhere to the Company’s Safeguarding Policy and Procedures.
5.2.8 The Leader will comply with all reasonable standards of health and safety and comply with all relevant legislation and the Company’s health and safety procedures, and report to the Company any unsafe working conditions or practices. The Leader shall inform the Company at the earliest opportunity of any relevant changes to Risk Assessment, or Programme delivery plans.
5.1.9 To promptly refer to the Company’s Director all enquiries made or any doubts expressed by any Client, about any points that the Leader may have or has failed to take account or deal with.
5.3 In the event that any Client:
5.3.1 Is injured during the Programme;
5.3.2 Raises a complaint about any aspect of the Programme;
5.3.3 Injures or causes damage to a third part during the Programme
The Leader will notify the Company as soon as practicable and send a full written report of the incident at the earliest opportunity. The Report will include:
5.3.4 The names and addresses of all persons who may be witnesses to the incident, or the events which preceded it;
5.3.5 The details of the incident itself according to any witnesses; and
5.3.6 The actions of the Leader immediately before, during and after the incident.
5.4 If so required by the Company, attend such meetings at the Company’s premises in connection with the Leader’s Briefing Pack as may be reasonably required by the Company.
5.5 To demonstrate a positive image of themselves as a Leader and promote the Company to the Clients at all times. The Leader agrees to wear a Company branded garment, as provided, whenever meeting or working with Company Clients under this Agreement.
5.6 Submit to the Company such reports and information as are required by the Agreement documentation or as may reasonably be requested by the Company within any time limits specified.
5.7 For Leader’s leading Overseas Expeditions
5.7.1 To ensure the In-Country Agent carries out their duties expressly as required in the Leader’s Briefing Pack for the Programme. If the In-Country Agent is unable or unwilling to carry out these duties then the Leader agrees to inform the Director of the Company immediately.
5.7.2 To ensure the Programme is fully branded as a ‘The Adventure Element Ltd’ programme, the Leader 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 ‘The Adventure Element Ltd’ branded sign.