Tel: 07720 310 455
Email: Babette@magicalstoryelves.co.uk
Magical Story Elves – Performer Contract
This Performer Agreement (“Agreement”) sets out the terms and conditions governing the engagement of performers by Magical Story Elves.
By signing this Agreement and/or accepting any booking offered by Magical Story Elves, the Performer confirms that they have read, understood and agree to be bound by these terms.
1. Definitions
In this Agreement:
1.1 “Agent” means Magical Story Elves.
1.2 “Performer” means any self-employed entertainer, actor, singer, dancer, presenter, workshop leader or other individual engaged by the Agent.
1.3 “Client” means any individual, company, organisation, school, nursery, theatre, holiday park, council, festival, venue or other person booking services through Magical Story Elves.
1.4 “Booking” means any engagement accepted by the Performer through Magical Story Elves.
1.5 “Company Property” means all costumes, puppets, props, equipment, scripts, music edits, artwork, branding, logos, printed materials, marketing materials and any other property owned by Magical Story Elves.
1.6 “Confidential Information” includes all information relating to Magical Story Elves that is not publicly available, including but not limited to client details, pricing, supplier information, business methods, scripts, show formats, workshop content, educational resources, storylines, characters, marketing strategies, business plans, financial information, future productions, unpublished concepts, production ideas, merchandise plans and any other information that a reasonable person would understand to be confidential.
1.7 “Intellectual Property” includes all copyrights, trademarks, logos, scripts, storylines, characters, concepts, workshops, educational materials, choreography, music edits, branding, photographs, artwork, videos, promotional materials and all other original works created by or for Magical Story Elves.
2. Status of the Performer
2.1 The Performer is engaged as a self-employed independent contractor.
2.2 Nothing within this Agreement creates an employment relationship.
2.3 The Performer is responsible for all Income Tax, National Insurance, VAT and any other statutory obligations arising from payments received.
3. General
3.1 This Agreement applies to every booking accepted through Magical Story Elves.
3.2 The Performer agrees to comply with all policies and procedures issued by Magical Story Elves from time to time.
3.3 Any amendments to this Agreement must be confirmed in writing by Magical Story Elves.
3.4 This Agreement supersedes all previous versions of the Performer Agreement where the terms differ.
3.5 Any previous Performer Contract or agreement accepted by the Performer, whether verbally or in writing, shall continue to apply except where amended or replaced by this Agreement.
4. Booking Acceptance
4.1 Acceptance of any booking constitutes acceptance of this Agreement.
4.2 The Performer confirms they have read the current Performer Agreement before accepting bookings.
4.3 This Agreement applies to previous, current and future bookings, together with any continuing rights and obligations arising from completed bookings.
5. Payment
5.1 Payment shall be made by BACS following completion of the booking unless otherwise agreed.
5.2 Any agreed deductions must be communicated in advance.
5.3 The Performer remains responsible for their own tax affairs.
6. Performer Obligations
The Performer agrees to:
- arrive punctually;
- perform professionally;
- treat clients and guests respectfully;
- wear appropriate costumes provided by Magical Story Elves;
- maintain high presentation standards;
- safeguard Company Property;
- comply with all venue rules and Health & Safety legislation;
- notify Magical Story Elves immediately if unable to attend.
7. Insurance and DBS
The Performer shall:
- maintain valid Public Liability Insurance of not less than £10 million (or such higher amount as reasonably required by the Agent);
- maintain an enhanced DBS certificate.
- provide copies upon request.
8. Confidentiality
The Performer acknowledges that they will have access to Confidential Information.
The Performer agrees they shall not during or after their engagement:
- disclose Confidential Information;
- copy Confidential Information;
- retain Confidential Information for personal use;
- use Confidential Information for any purpose other than performing services for Magical Story Elves.
These obligations continue after the Performer leaves the company.
9. Confidential Information, Intellectual Property and Creative Contributions
9.1 Ownership of Intellectual Property
The Performer acknowledges that all Intellectual Property created, owned, commissioned or used by Magical Story Elves shall remain the sole and exclusive property of Magical Story Elves.
The Intellectual Property referred to in this Agreement includes all rights whether registered or unregistered and whether existing now or created in the future.
This includes, but is not limited to:
- Scripts and dialogue
- Storylines and plots
- Characters and character development
- Show concepts and production formats
- Workshop content and educational resources
- Games and activities
- Choreography and stage direction
- Music edits, arrangements and production tracks
- Branding, logos and artwork
- Marketing materials
- Costumes, puppets, props and set designs
- Photographs and videos
- Business methods and procedures
- Client databases
- Supplier information
- Pricing structures
- Business plans
- Trade secrets
· Merchandise
· Toys
· Plush characters
· Books
· E-books
· Audio books
· Mobile applications
· Online courses
· Digital downloads
· AI-generated works and AI training data
· Training materials
- Any other original works created by or for Magical Story Elves.
9.2 Confidential Information
The Performer agrees that they shall not, either during or after their engagement with Magical Story Elves:
- disclose any Confidential Information;
- copy or reproduce Confidential Information;
- retain copies of Confidential Information;
- use Confidential Information for their own benefit or the benefit of any third party;
- disclose client information, supplier information or business methods to any third party.
These obligations continue indefinitely following termination of the Performer’s engagement.
9.3 Creative Contributions
The Performer acknowledges that they may contribute ideas during rehearsals, production meetings, script development, workshops and show creation.
Any ideas, suggestions, concepts, dialogue, scripts, storylines, characters, choreography, workshop activities, educational content, games, production ideas, music selections, costume ideas, stage direction, marketing ideas or other creative contributions made by the Performer during the course of their engagement with Magical Story Elves shall become the exclusive property of Magical Story Elves unless otherwise agreed in writing.
The Performer acknowledges that no ownership rights, royalties, licence fees, residual payments or any other additional compensation shall arise from such creative contributions unless otherwise expressly agreed in writing by Magical Story Elves.
The Performer acknowledges that ideas discussed during rehearsals or development sessions often build upon concepts, productions and intellectual property already created or commissioned by Magical Story Elves. Any improvements, adaptations, suggestions or enhancements to existing productions shall remain the sole intellectual property of Magical Story Elves.
9.4 Works Created During Engagement
Any work written, created, designed or developed by the Performer:
- whilst working for Magical Story Elves;
- during rehearsals;
- during production meetings;
- whilst developing new productions;
- using Magical Story Elves’ resources;
- using Magical Story Elves’ Confidential Information;
- or specifically for Magical Story Elves;
shall automatically become the sole property of Magical Story Elves.
Where ownership does not automatically vest in Magical Story Elves, the Performer irrevocably assigns all present and future intellectual property rights in such works to Magical Story Elves.
The Performer agrees to sign any further documents reasonably required to give effect to this clause.
The Performer agrees that any rights assigned under this clause are included within the agreed Performance Fee unless otherwise agreed in writing.
9.9 Notification of New Works
Where the Performer creates, develops or becomes aware of any script, storyline, character, concept, workshop, educational resource, production idea, book, merchandise, digital content or other creative work that may reasonably fall within the scope of this Agreement, or which has been created using Magical Story Elves’ Confidential Information, Intellectual Property or resources, the Performer shall promptly notify Magical Story Elves in writing before publishing, licensing, selling, assigning or otherwise commercially exploiting that work.
The Performer shall not commercially exploit, publish, licence, assign or otherwise deal with such work where Magical Story Elves has a reasonable contractual claim under this Agreement until the parties have resolved the ownership position in writing.
9.5 Restrictions on Use
Without the prior written consent of Magical Story Elves, the Performer shall not:
- create, publish or commercially exploit any books, stories, scripts, shows, workshops, educational resources, digital content or any other material based upon, derived from or identical to, or substantially similar to Magical Story Elves’ productions, concepts, characters, storylines, workshops, educational resources or Intellectual Property;
- recreate, reproduce, adapt or develop any production, character, workshop, educational programme or concept that is substantially similar to any production or Intellectual Property owned or developed by Magical Story Elves;
- use any Confidential Information, unpublished ideas or concepts discussed during rehearsals, meetings or production development as the basis for any book, show, workshop, educational resource or other commercial venture;
- The Performer shall not use any Magical Story Elves Intellectual Property, Confidential Information, scripts, characters, storylines, workshops or creative materials to train, generate or create AI-generated content, books, scripts, artwork, videos or any other commercial material without prior written consent.
- The Performer shall not apply for, register or attempt to register any copyright, trademark, design right, domain name, company name, social media account or other intellectual property right which incorporates, copies or is confusingly similar to any Intellectual Property owned or used by Magical Story Elves.
9.6 Moral Rights
To the extent permitted by law, the Performer waives any moral rights they may have in works created for Magical Story Elves, including the right to be identified as the author or creator of such works.
9.7 Continuing Obligations
The obligations contained within this section shall survive the termination of the Performer’s engagement and shall remain binding indefinitely.
9.8 Future Developments and Unpublished Concepts
The Performer acknowledges that they may become aware of future productions, unpublished scripts, proposed storylines, characters, workshops, educational resources, books, merchandise, marketing campaigns, business plans, production ideas and other concepts currently under development by Magical Story Elves.
The Performer agrees that such information is Confidential Information and shall not copy, reproduce, adapt, publish, develop or commercially exploit any such ideas, or any works substantially similar to them, for their own benefit or the benefit of any third party without the prior written consent of Magical Story Elves.
9.9
The Performer warrants that they shall immediately disclose to Magical Story Elves any creative work, idea, concept, script, storyline, character, workshop, educational resource or other material created, developed or conceived during their engagement
which may fall within this Agreement and shall not commercially exploit such material without the prior written consent of Magical Story Elves.
10. Company Property
All costumes, puppets, props, sets, sound equipment, scripts, artwork, marketing materials, digital content and any other Company Property supplied, commissioned or owned by Magical Story Elves shall remain the sole and exclusive property of Magical Story Elves.
The Performer shall:
- take reasonable care of all Company Property whilst it is in their possession or control;
- return all Company Property promptly upon request, at the end of each booking, or immediately upon termination of their engagement;
- not modify, alter, repair or adapt any Company Property without the prior written consent of Magical Story Elves;
- not copy, reproduce, commission, manufacture, adapt, lend, hire, sell, licence, distribute or permit any other person to copy or reproduce any Company Property, or anything substantially similar to it, without the prior written consent of Magical Story Elves;
- not commission, manufacture, purchase or use any bespoke costume, puppet, prop, set piece, character, artwork, branding or equipment that has been designed by or for Magical Story Elves, or anything substantially similar to it, for use in any competing business or production without the prior written consent of Magical Story Elves;
- immediately notify Magical Story Elves of any loss, theft or damage to Company Property;
- be responsible for the reasonable cost of repairing or replacing Company Property that is lost or damaged through their negligence or deliberate misuse.
- not remove Company Property from an agreed location without the prior consent of Magical Story Elves except where required for an authorised booking.
- not allow any third party to use, copy or access Company Property without the prior written consent of Magical Story Elves.
- The Performer shall not retain Company Property after the end of an authorised booking except with the prior written consent of Magical Story Elves.
11. Client Protection
All clients and prospective clients who have been introduced by or through Magical Story Elves.
The Performer shall not during their engagement, or for 24 months afterwards:
- solicit clients;
- accept direct bookings from clients introduced through Magical Story Elves without written consent;
- encourage clients to bypass Magical Story Elves.
12. Competing Activities
12.1 The Performer remains free to undertake other work as a self-employed performer, provided that such work does not conflict with the Performer’s obligations under this Agreement.
12.2 During their engagement with Magical Story Elves, the Performer shall not, without the prior written consent of Magical Story Elves, undertake any children’s entertainment work which:
- creates a conflict with a confirmed Magical Story Elves booking;
- uses or exploits Magical Story Elves’ Confidential Information or Intellectual Property;
- solicits or accepts work from clients introduced through Magical Story Elves other than through Magical Story Elves;
- uses costumes, props, characters, scripts, workshops, productions or other materials belonging to, commissioned by, or substantially derived from Magical Story Elves;
- damages, or is reasonably likely to damage, the legitimate business interests or reputation of Magical Story Elves;
- is otherwise in breach of this Agreement.
12.3 Following termination of their engagement, the Performer shall not use Magical Story Elves’ Confidential Information, Intellectual Property or client relationships to establish, promote or operate a competing business or otherwise act in breach of the continuing obligations contained within this Agreement.
12.4 Nothing in this Agreement prevents the Performer from undertaking independent entertainment work, including children’s entertainment, provided that such work does not use or exploit Magical Story Elves’ Confidential Information, Intellectual Property, client relationships or other protected business interests, does not interfere with any confirmed Magical Story Elves bookings, and does not otherwise breach this Agreement.
12.5 The Performer shall not, during their engagement or for twenty-four (24) months following termination, directly or indirectly encourage, recruit or attempt to recruit any current performer, employee, contractor or representative of Magical Story Elves for the purpose of joining or establishing a competing children’s entertainment business.
13. Social Media
The Performer agrees to:
- tag Magical Story Elves where appropriate;
- represent the company professionally;
- not advertise Magical Story Elves’ shows as their own;
- not imply that Magical Story Elves’ characters, scripts or productions are available independently of Magical Story Elves.
14. Photography and Marketing
The Performer grants Magical Story Elves permission to use photographs and video taken during bookings for marketing purposes.
The Performer shall not commercially use Magical Story Elves’ branding or marketing materials without permission.
15. Health & Safety
The Performer agrees to comply with:
- Health & Safety legislation;
- safeguarding procedures;
- venue rules;
- risk assessments;
- emergency procedures.
16. Cancellation
16.1
The Performer accepts that, upon accepting a booking, they are entering into a binding agreement to fulfil that booking.
16.2
The Performer shall not withdraw from, cancel or fail to attend a confirmed booking except in the event of:
- genuine illness or injury preventing them from performing;
- a family emergency or other exceptional circumstance beyond their reasonable control;
- Force Majeure;
- or where otherwise agreed in writing by Magical Story Elves.
16.3
The Performer shall not cancel or withdraw from a confirmed booking for reasons including, but not limited to:
- accepting another engagement;
- accepting a higher-paid booking;
- accepting work from another employer or agency;
- personal preference;
- holidays or travel arrangements made after accepting the booking;
- or any other avoidable commitment.
16.4
The Performer shall notify Magical Story Elves immediately if they believe they may be unable to fulfil a booking.
16.5
Where reasonably requested by Magical Story Elves, the Performer shall assist in identifying a suitable replacement Performer.
16.6
Where a Performer cancels a booking without a valid reason under this Agreement, Magical Story Elves reserves the right to:
- suspend or terminate the Performer’s engagement;
- remove future bookings;
- decline to offer future work;
- and seek recovery of any reasonable additional costs directly incurred in arranging a replacement, where permitted by law.
- Nothing in this clause prevents Magical Story Elves from pursuing any other remedy available under this Agreement or at law.
16.7
The Performer acknowledges that clients rely upon the Performer’s attendance and that failure to fulfil a confirmed booking may cause significant financial loss and reputational damage to Magical Story Elves. The Performer therefore agrees to honour every confirmed booking unless prevented from doing so by circumstances permitted under this Agreement.
17. Termination
17.1 Magical Story Elves may suspend or terminate this Agreement immediately where the Performer:
- commits serious misconduct;
- damages, or is reasonably likely to damage, the reputation of Magical Story Elves;
- breaches any confidentiality obligations under this Agreement;
- breaches any safeguarding or health and safety requirements;
- repeatedly fails to attend or fulfil confirmed bookings;
- seriously breaches any provision of this Agreement;
- knowingly uses, attempts to use, copies, reproduces or exploits Magical Story Elves’ Intellectual Property, Confidential Information or client relationships for their own benefit or for the benefit of any third party;
- knowingly solicits, accepts or performs work in breach of this Agreement.
17.2 Accepting work through another agency, directly from a client, or through the Performer’s own business which results in the Performer being unable to fulfil a confirmed Magical Story Elves booking shall constitute a serious breach of this Agreement and may result in the immediate suspension or termination of the Performer’s engagement with Magical Story Elves.
17.3 Termination of this Agreement shall not affect any continuing obligations relating to confidentiality, Intellectual Property, Company Property, client protection, restrictive covenants or any other provisions which are expressly or by implication intended to survive termination.
18. Return of Property
Upon termination the Performer shall immediately return all Company Property.
No copies of scripts, music, client information or digital materials may be retained.
Upon termination the Performer shall permanently delete any digital copies of scripts, music, artwork, client information, rehearsal recordings, marketing materials, photographs, videos or other Company information stored on any personal device or cloud storage.
18.1 Return of Information
The Performer shall, upon request or upon termination of this Agreement, provide written confirmation that all Company Property, Confidential Information and digital materials have been returned or permanently deleted in accordance with this Agreement.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties.
If any clause is found unenforceable, the remainder of the Agreement shall continue in force.
This Agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the English courts.