Personnel Introduction and Non Circumvention
1. Protection of Introduced Personnel
The Client acknowledges that Funny Hands Media Ltd invests substantial time, effort and expense in identifying, recruiting, developing, introducing, managing and maintaining relationships with its personnel, freelancers, contractors, consultants and suppliers.
For the purposes of these Terms, “Introduced Personnel” means any individual introduced, supplied, recommended, arranged, booked or otherwise made available by Funny Hands Media Ltd to the Client, whether directly or indirectly, including but not limited to employees, freelancers, contractors, consultants, subcontractors and temporary workers.
2. Restriction on Direct Engagement
The Client shall not, without the prior written consent of Funny Hands Media Ltd, directly or indirectly:
(a) employ;
(b) engage;
(c) appoint;
(d) contract with;
(e) solicit;
(f) approach for work;
(g) introduce to a third party for engagement; or
(h) otherwise obtain services from,
any Introduced Personnel during the period of engagement and for a period of twenty four (24) months following the last date on which the relevant Introduced Personnel provided services to the Client through Funny Hands Media Ltd.
This restriction applies whether the engagement is on a permanent, fixed term, temporary, freelance, consultancy, subcontractor, agency or any other basis.
3. Circumvention
The Client shall not seek to avoid or circumvent the provisions of this clause by engaging Introduced Personnel through any intermediary, associated company, holding company, subsidiary company, group company, recruitment agency, service company, personal service company, partnership or other third party arrangement.
Any such engagement shall be deemed a direct engagement for the purposes of these Terms.
4. Introduction Fee
If the Client breaches this clause or engages any Introduced Personnel during the restricted period without the prior written consent of Funny Hands Media Ltd, the Client shall immediately become liable to pay an introduction fee to Funny Hands Media Ltd.
The introduction fee shall be the greater of:
(a) £10,000 plus VAT; or
(b) 30% of the anticipated gross remuneration, fees or contract value payable to the Introduced Personnel during the first twelve months of the engagement.
Payment shall become due immediately upon commencement of the engagement.
The parties acknowledge and agree that this fee represents a genuine and reasonable estimate of the commercial value of the introduction, relationship management, recruitment investment and loss likely to be suffered by Funny Hands Media Ltd.
5. Notification Requirement
The Client shall notify Funny Hands Media Ltd in writing immediately upon becoming aware of any intention to engage, employ, contract with or otherwise obtain services from any Introduced Personnel outside the scope of a booking arranged through Funny Hands Media Ltd.
6. Injunctive Relief
The Client acknowledges that a breach of this clause may cause irreparable harm to Funny Hands Media Ltd for which damages alone may not be an adequate remedy.
Funny Hands Media Ltd shall therefore be entitled, without prejudice to any other rights or remedies available, to seek injunctive relief, specific performance and any other equitable remedy available under English law.
7. Survival
This clause shall survive termination, completion or expiry of any booking, quotation, purchase order, assignment, project or agreement between the Client and Funny Hands Media Ltd.
Payment Terms
Invoices are payable within thirty (30) days of the invoice date unless otherwise agreed in writing.
Funny Hands Media Ltd reserves the right to charge interest and compensation on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
The Client shall not withhold payment, make deductions or exercise any right of set-off unless agreed in writing by Funny Hands Media Ltd.
Where payment is overdue, Funny Hands Media Ltd reserves the right to suspend or withdraw services until all outstanding sums have been paid in full.
Cancellation Charges
Bookings cancelled by the Client shall be subject to the following cancellation charges:
- Less than 48 hours before the booking: 100% of the booked fee.
- Cancellation after crew have travelled or commenced work: 100% of the booked fee plus any non-refundable expenses incurred.
Where accommodation, travel, equipment hire or third-party costs have already been committed, such costs shall remain payable by the Client.
Overtime and Additional Hours
All quoted rates are based upon a ten-hour working day inclusive of a minimum one-hour unpaid break unless otherwise stated.
Any hours worked beyond the agreed booking period shall be charged at one and a half times the agreed hourly rate unless otherwise agreed in writing.
Where working hours exceed fourteen hours in a single day, Funny Hands Media Ltd reserves the right to charge enhanced overtime rates and/or arrange additional crew at the Client’s expense.
Crew Substitution and Replacement
Funny Hands Media Ltd shall use reasonable endeavours to provide the specific personnel requested by the Client.
However, due to illness, emergency, availability or circumstances beyond its control, Funny Hands Media Ltd reserves the right to provide suitably qualified replacement personnel of equivalent skill and experience.
The Client shall not be entitled to cancel a booking solely because a replacement crew member has been supplied.
Client Responsibilities
The Client shall provide a safe working environment for all personnel supplied by Funny Hands Media Ltd.
The Client shall ensure that all venues, locations, facilities and equipment used in connection with the booking comply with applicable health and safety legislation.
Funny Hands Media Ltd reserves the right to withdraw personnel from any environment reasonably considered unsafe without liability.
The Client shall remain liable for all booked fees and expenses in such circumstances.
Health and Safety and Working Time
All crew supplied by Funny Hands Media Ltd shall be entitled to appropriate rest breaks and working conditions in accordance with applicable health and safety legislation.
Funny Hands Media Ltd reserves the right to refuse working arrangements that may place personnel at unreasonable risk of fatigue, injury or illness.
Travel and Accommodation
Where travel, accommodation, parking, subsistence or other agreed expenses are required in connection with a booking, such costs shall be reimbursed by the Client at cost unless otherwise stated in writing.
Where overnight accommodation is required, accommodation shall be of a reasonable professional standard and approved by Funny Hands Media Ltd.
Confidentiality
The Client shall keep confidential all commercial, operational, financial and business information relating to Funny Hands Media Ltd and its personnel.
Funny Hands Media Ltd shall keep confidential any confidential information supplied by the Client in connection with the booking.
This obligation shall survive termination of the engagement.
Intellectual Property
Unless otherwise agreed in writing, Funny Hands Media Ltd retains ownership of all intellectual property, documentation, templates, training materials, production methodologies, operational procedures and other proprietary materials created or supplied by Funny Hands Media Ltd.
Nothing in these Terms transfers ownership of intellectual property rights to the Client except where expressly agreed in writing.
Limitation of Liability
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or any other liability which cannot legally be excluded.
Subject to the above, the total liability of Funny Hands Media Ltd arising out of or in connection with any booking shall not exceed the total fees paid by the Client for the specific booking giving rise to the claim.
Funny Hands Media Ltd shall not be liable for any indirect or consequential loss, loss of profit, loss of business, loss of opportunity, loss of goodwill or loss of anticipated savings.
Force Majeure
Funny Hands Media Ltd shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to illness, severe weather, transport disruption, industrial action, governmental action, public health emergencies, acts of terrorism, power failure or failure of third-party suppliers.
In such circumstances Funny Hands Media Ltd shall use reasonable endeavours to provide alternative personnel or rearrange services where possible.
Photography, Publicity and Credits
Unless otherwise agreed in writing, Funny Hands Media Ltd may refer to the Client and the project in its marketing materials, website, social media channels and business portfolio.
Any confidential information shall remain confidential and shall not be disclosed without consent.
Legal Costs
Where Funny Hands Media Ltd is required to take legal action or engage debt recovery services in order to recover unpaid sums or enforce these Terms, the Client shall indemnify Funny Hands Media Ltd for all reasonable recovery costs, legal fees, court fees and enforcement costs to the extent permitted by law.
Governing Law and Jurisdiction
These Terms and Conditions and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales.
The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Direct Communication with Personnel
The Client acknowledges that operational communication with crew members may be necessary for production purposes. Such communication shall not create any entitlement to engage, contract with or otherwise obtain services directly from those individuals other than through Funny Hands Media Ltd during the restricted period defined in the Personnel Introduction and Non-Circumvention clause.
Version 1.0
Effective from: 25th May 2026
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