Terms and Conditions

REFRESH WEST TERMS AND CONDITIONS

CONTENTS:

1) DEFINITIONS
2) GENERAL TERMS AND CONDITIONS FOR PAID STAFF & VOLUNTEERS WITH REFRESH WEST
3) BORDERS AND IMMIGRATION - PROVING YOUR RIGHT TO WORK AND VOLUNTEER IN THE UK
4) DEPOSITS (WHERE APPLICABLE)
5) EMPLOYMENT RIGHTS ACT
6) HOURS OF WORK
7) WORKING ON AND ACCESS TO SITES
8) CODE OF CONDUCT
9) PAID STAFF & VOLUNTEER AGREEMENT

1) DEFINITIONS

Unless expressly stated otherwise the following definitions shall apply to the terms used in these terms and conditions:

(1) Refresh West is the trading name of Refresh West Ltd whose principal place of business and registered office is at Unit 4, St Martin’s Court, Cole Road, Bristol, BS2 0UA. Registered in England & Wales, 10th July 2006 Company No. 05870428 (hereinafter referred to as "Refresh West").
(2) Applications are processed online via the Refresh West instance of the PAAM Event Software (hereinafter referred to as " RW PAAM").
(3) When working with Refresh West all volunteers and casual workers must sign-in at the specified location and by the Event Specific Sign-In time and Date as specified by the event and event specific (‘’hereinafter referred to as the ESSID’’).
(4) Following application via RW PAAM; if you are allocated a position via RW PAAM you wish to cancel you must cancel the position via the cancel function within your RW PAAM account (hereinafter referred to as "CANCEL" "CANCELLED"; "CANCELLATION"; "CANCELLING").


2) GENERAL TERMS AND CONDITIONS FOR PAID STAFF & VOLUNTEERS WITH REFRESH WEST

If you have any queries regarding the Refresh West Terms and Conditions you are advised to contact Refresh West in writing before submitting your application and paying your deposit (if required). You can do this by contacting recruitment@refreshwest.com.

By signing up to work or volunteer with Refresh West, you agree to all points stipulated within this document.

By completing and submitting an application you are agreeing to abide by the Refresh West:

1. Terms and Conditions;
2. Code of Conduct;
3. Paid Staff Contract or Volunteer Agreement

By completing and submitting an application you are agreeing to the submission of your email address to the Refresh West database and Refresh West PAAM account notifications database.

By completing and submitting an application you are agreeing that any photographs; video; sound recordings taken of you or by you may be used by Refresh West and the clients of Refresh West for any promotional purposes.

By completing and submitting an application you are agreeing that for the safety of the general public prior to arrival on site your personal details may be passed to the police to allow for a Police National Computer (PNC) check and/or Criminal Records Bureau (CRB) check to be performed.

By completing and submitting an application you are agreeing that if your references or your performance at work is deemed less than satisfactory by Refresh West; you will be blacklisted thus unable to apply for further positions with Refresh West. We reserve the right not to offer you further voluntary or paid opportunities with Refresh West as a result of this action.

When working as a casual worker or volunteer for Refresh West you are working under a fixed term contract represented by your paid staff contract or volunteer agreement. The specifics of positions with Refresh West vary dependent on the event and role. The initial briefing and training sessions at each event form part of your paid staff contract or volunteer agreement, as does your agreement to work with Refresh West for the duration of the event. Any failure on the casual worker or volunteer’s part to meet with their terms of employment; the Refresh West Terms and Conditions; the Refresh West Code of Conduct; will result in forfeit of any remuneration and deposit paid; the requirement to pay any costs to Refresh West that may have been incurred; the employee being blacklisted.

3) BORDERS AND IMMIGRATION - PROVING YOUR RIGHT TO WORK AND VOLUNTEER IN THE UK

To undertake unpaid voluntary work, as well as paid work in the UK, you have to have the right to work either through your citizenship or a work visa. Under the Immigration, Asylum and Nationality Act of 2006 Refresh West is required to check your right to work before we can allow you to start working on the event site.

This means that before you can start working or volunteering with us, you will need to produce documentation to prove you have this right. If you do not produce this documentation, we cannot let you work or volunteer with us. The list of valid proof of right to work is produced by the UK Border Agency not by Refresh West and these are the ONLY documents that will be accepted by Refresh West. We need to hold a copy of the documents on file.

If you hold either a UK or European Economic Area/Swiss passport or a non UK/EEA passport with a valid visa showing your right to work/volunteer in the UK this is acceptable proof.

If you do not have a passport, we can accept a long birth certificate AND either your National Insurance card or an official document from a previous employer with your NI number clearly shown.

A UK Driving License IS NOT valid as proof even in combination with a birth certificate or NI card.

We are required by law to store a scanned copy of your documents for at least two years after you have finished working or volunteering with us. We will keep your documents securely on encrypted disks, stored in a secure safe and on the highly secure PAAM servers. We will not share your documents with any third parties other than UK Borders and we will destroy them in an appropriate manner after the two years is up.

For more information please see the documents available via the link below.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/

The most useful is the summary guidance for employers December 2010 which includes the full list of valid documents.

4) DEPOSITS (WHERE APPLICABLE)

Paying a deposit does not guarantee your position at an event; applications are assessed and positions allocated after a deposit has been paid.

Your deposit will be withheld and you will be blacklisted if you:

1. Fail to sign in and out from, or fail to complete any full shift allocated to you
2. Lose any uniform and/or equipment allocated to you*
3. Turn up to shift under the influence of drugs and/or alcohol
4. Miss your onsite briefing/s;
5. Do not sign in and sign out onsite to your manager **
6. Breach the Refresh West Terms & Conditions;
7. Breach the Refresh West Code of Conduct;

*For uniform and equipment losses and/or damage Refresh West may only withhold part of your deposit; dependent on the value of the uniform/equipment lost/damaged.

** It is your responsibility and no one else's to make sure you sign in and sign out of every shift you work. If you fail to do this, we can only assume that you have either not turned up to shift or not completed your shift and you will lose your deposit.

If you are blacklisted by Refresh West you have the right to appeal; any appeal should be made in writing to Refresh West.

Deposits will be refunded back to the account holder from which the deposit was originally received in full providing you have met the terms and conditions of your specified job role. Deductions will occur only where you have failed to fulfill the terms and conditions of your job role. Please see the specific terms and conditions of your job role for more information on deductions.

All deposit returns will be processed within one month of the final shifts and may take longer to arrive in your account. It is your responsibility to check the amount you receive and raise any queries or objections regarding deductions made by emailing recruitment@refreshwest.com no later than 1 month after the refund is made and 2 months after your final shift at the event. Any objections or queries raised after this date will not be considered.

When returning deposits paid to Refresh West Events in any currency other than GBP the return will be less any international transaction and currency conversion fees and a £8.00 booking fee if paid via credit or debit card.

5) EMPLOYMENT RIGHTS ACT

The following information is a statement of the Terms and Conditions of employment under the employment rights act 1996.

1. You are required to carry out your roles and responsibilities as detailed in the job description and position specification.
2. Any previous employment with Refresh West or any other employer does not form part of a period of continuous employment. Each position is subject to a separate contract of service.
3. Your place of work will be the address of the event and is where you are required to work. Details will be given to you on CONFIRMATION of position.
4. Your employer's address is the Refresh West principal place of business.
5. Staff will be paid on the basis of an agreed rate per hour, shift, or event. This rate will be agreed with you at the CONFIRMATION of each position.
6. There are no enhancements to stated rates for Weekends or Public Holidays.
7. Staff are responsible for their own travel, accommodation and food expenses (unless otherwise stated).
8. Provision of meals or allowances depend on the event. They are not negotiable and are paid under the discretion of the company directors.
9. For paid staff, remuneration will be paid to you as agreed at the CONFIRMATION of a position. Payments are made in GBP by BACS to an account of the named individual member of staff within 2 weeks of completion of the event. For self-employed staff, an invoice must be received by Refresh West within 2 weeks of completion of the event. Personal invoices will not be paid by Refresh West unless a current Unique Tax Reference (UTR) has been included.

6) HOURS OF WORK

The hours of work are detailed in your paid staff contract or volunteer agreement and exact shifts are specifically defined in relation to your specific position.

Please note that shifts times are subject to change.

The Refresh West working week commences on Monday.

The time it takes you to sign-in and travel to and from your place of work is additional to your allocated shift.

In the case of incapacity for work you will forfeit any allocated positions at current or future events; and receive no remuneration. Termination of your paid staff contract or volunteer agreement for any reason may lead to a deduction or forfeit of your deposit. This is due to the nature of the positions being for a fixed period.

Refresh West does not operate any pension schemes to employees contracted for a fixed period.

Your casual worker contract or volunteer agreement is for a fixed term and expires at the end of each position.

Your casual worker contract or CONFIRMATION of position are temporary and may be withdrawn at any time due to any of the following reasons:

1. Refresh West does not gain a contract of services at named event;
2. The named event does not take place or is cancelled;
3. You are in breach of the Refresh West Terms & Conditions; Refresh West Code of Conduct.

If you are dissatisfied with any disciplinary decision you should apply in the first instance to the RW Event Manager. You should make your application by speaking to the RW Event Manager who will document your conversation.

If you have a grievance about your employment you should apply in the first instance to a Site Manager. You should make your application in writing to the Refresh West principal place of business.

7) WORKING ON AND ACCESS TO SITES


At specific camping events, all Refresh West staff and volunteers must camp within the crew area specified to you in pre event information and on your arrival.

At specific events, all Refresh West staff and volunteers may be issued with an appropriate pass by the client of whom Refresh West is providing a service. This pass will enable the wearer to access those areas relevant to the position and responsibilities allocated. When off-shift and where authorised by a License Holder this pass may be used to access and participate in the event’s public activities under the Terms and Conditions of the License. Any pass allocated will remain the property of the License Holder at all times.

Any pass is a functional tool Refresh West staff and volunteers require to carry out their duties. Breaching any License Holders Terms & Conditions; Code of Conduct will also be a breach of your employment Terms and Conditions with Refresh West.

8) CODE OF CONDUCT

Any of the following including the aiding and abetting of others constitutes a breach of the Refresh West Terms and Conditions of casual worker contract and/or voluntary position.

1. Failure to comply with the Refresh West Terms and Conditions; Code of Conduct; and instructions of Refresh West clients.
2. Neglecting to complete a required task promptly and diligently, without sufficient cause.
3. Leaving a position without permission or without sufficient cause.
4. Making or signing any false statements, of any description.
5. Destroying, altering or erasing documents, records or electronic data without permission or through negligence.
6. Divulging matters confidential to Refresh West and/or its clients, either past or present, without permission.
7. Solicitation or receipt of gratuities or other consideration from any person, or failure to account for keys, money or property received in connection with the business of Refresh West or Refresh West clients.
8. Incivility to persons encountered in the course of duties or misuse of authority in connection with the business of Refresh West or Refresh West clients.
9. Conduct in a manner likely to bring discredit to Refresh West a fellow employee, Refresh West clients, or Refresh West client's customers.
10. Use of uniform, equipment or identification without permission.
11. Reporting for duty under the influence of alcohol or restricted drugs, or use of these whilst on duty.
12. Failure to notify Refresh West immediately of any:
I. Conviction for a criminal and/or motoring offence;
ii. Indictment for any offence that may affect your work with Refresh West
iii. Police caution or legal summons that may affect your work with Refresh West
13. Permitting unauthorized access to premises; event site; place of work.
14. Carrying of equipment not issued as essential to an individual's role or duties, or use of a Refresh West client's and/or Refresh West client's customer's equipment or facilities without permission.
15. Not maintaining agreed standards of appearance; identification; and deportment whilst at work.
16. Causing a conflict of interest, directly or indirectly, engaging or participating in any other business activities that Refresh West, in its reasonable discretion, determines to be in conflict with the best interests of Refresh West without the written consent of Refresh West, which consent will not be unreasonably withheld.


9) PAID STAFF & VOLUNTEER AGREEMENT

1. I will represent Refresh West in a positive and appropriate way and will demonstrate commitment by fulfilling my role to the best of my ability in line with the briefing and training provided.
2. I will attend the health and safety briefing/ training event.
3. I will be 18 years old or over on the first day of the first event.
4. I will be onsite and available to work on the days required of me as set out in my role profile.
5. I will arrive to shifts on time and participate fully for the period of time specified to me. I understand that failing to do this without a valid reason (e.g. a doctor’s note) will lead to my deposit being forfeited or my pay being withheld and/or me having my wristband removed (if relevant, specific to event) and being evicted from site. Refresh West reserves the right to initiate this process without first giving a warning if a paid staff member or volunteer has clearly broken these Standards of Behaviour.
6. I understand I am expected to adhere to the issued rotas (rotas may change). Lateness will not be tolerated and may be subject to deposit loss and or verbal warning. (see disciplinary procedure)
7. I will wear any relevant uniform or Personal Protective Equipment at all times whilst on shift and I will be well presented and polite to members of the public whilst on shift while representing Refresh West.
8. Refresh West may pass on my data (including personal data) to event organisers, the police and other checking agencies, as is deemed necessary for the safe and secure running of the event.
9. I understand that it is expressly forbidden to consume alcohol or drugs whilst (or immediately prior to) volunteering. Refresh West reserves the right to have any volunteer found to be working or volunteering under the influence of drink, or behaving in a manner that might bring the event into disrepute, removed from the event site and any deposit shall be forfeited (if deposit paid).
10. I will arrive on the event site with everything I need to support myself until I leave the event site. This includes clothing for all weathers, food, money and general camping equipment. I also understand that Refresh West is not responsible for the personal possessions of any Refresh West paid staff member or volunteer.
11. I will comply with the event’s policies at all times during my attendance at each.
12. The event management reserves the right to conduct searches on entrance and exit to the event site whether you are on or off shift.
13. I understand that Refresh West may take photographs of me and use them on its website and other media for campaign, marketing and training purposes.
14. I consent to having my contact details added to the Refresh West database so that I may be contacted in the future.
15. I have read and understood that if my behaviour falls outside any of these standards it will lead to my eviction from the site and my deposit being forfeited (if deposit paid). Refresh West reserves the right to initiate this process without first giving a warning if a paid staff member or volunteer has clearly broken these Standards of Behaviour.