Terms & Conditions

Terms of Business for Speak Out, a division of TMC Corporate Events & Entertainment Ltd., 40/12 Hardengreen Business Park, Dalhousie Road, Dalkeith, Midlothian EH22 3NU.

In accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (as detailed in Statutory Instrument 2003 No. 3319) Speak Out requires that all prospective clients, speakers, artists and their respective management read and agree to our Terms of Business as detailed below. For a printed copy of these Terms of Business please contact Speak Out via phone on 0131 654 1000 or via the enquiry form on this web site.

Speak Out and TMC Corporate Events & Entertainment Ltd. shall be referred to at all times within these Terms of Business as Speak Out. No servant or agent of Speak Out has the power to vary these Terms of Business.

The Client as referred to in these Terms of Business, is any person, company or group looking to use the services of Speak Out.

The speaker as referred to in these Terms of Business, is any person, act, service, management or group offering services which they wish to be represented by Speak Out.

Speak Out act as agents for speaker's services, not as principle.

1. Speak Out trade at all times as an Employment Business
2. Speak Out are a division of TMC who are members of the Agents' Association (Great Britain).
3. All Contracts between Speak Out, its clients and speakers shall be governed by the Laws of Scotland
4. Clients may enter into a written Contract with Speak Out and such Contracts will reflect a prior binding verbal Contract made between Speak Out and the client. Failure to return a written Contract will not constitute a cancellation.
5. All Contracts issued by Speak Out are subject to these Terms of Business.
6. Circumstances, such as accident, illness or other events beyond Speak Out's control, may require that a speaker be replaced with a substitute speaker of similar Fee or quality without notice or compensation.
7. Speak Out's financial terms will be as verbally agreed and will be detailed on the Contract.
8. Fees paid to Speak Out are subject to VAT at the current rate. Fees paid to speakers may be subject to VAT at the current rate but only if the speaker is registered for VAT with HM Customs & Excise. A VAT invoice from the speaker will be required.
9. All Clients and speakers agree that they will not (under any circumstances) pass on their direct contact details to anyone involved in the engagement, as referred to in the Contract without the prior written consent of Speak Out.
10. The Client agrees to provide a suitable and safe performing area and as required, suitable changing facilities for the speaker. The Client must also ensure that where electrical equipment is to be used as part of the speaker's performance, the electrical supply must meet or exceed British Standards.
11. The speaker will be responsible for their own Public Liability insurance and will produce on demand, any relevant equipment safety and insurance documentation i.e. PAT and PL certificates etc.

The remaining Terms of Business apply to speakers only

12. Speak Out's Contract is a Contract for services and not a contract of service (i.e. this is not an employment contract) and is not intended to form the basis of an employer/employee relationship between Speak Out and the speaker. Accordingly, the speaker is not entitled to any holiday or holiday pay in relation to the provision of the speaker's services or the undertaking of any engagement. If Speak Out is required by law or in any agreement with any union or other body to pay you holiday pay, the Fee will be deemed to include such holiday pay.
13. The speaker consents to the use of any personal information they provide to Speak Out. The speaker consents to Speak Out noting and using this information as necessary to secure work for the speaker.
14. Speak Out (a division of TMC who are members of The Agents' Association (Great Britain)) reserve the right to advise fellow members of that Association (via the Council of The Agents' Association) if you fail to comply with these Terms of Business. Such disclosures, their content and the form they are in, will be at the discretion of The Agents' Association.
15. Unless stated on the written contract, speakers will not at any time, approach either Speak Out Clients or engagement venue staff, in order to procure free gratis food or drink before, during or after the engagement. Speaker's food and/or drink requirements during an engagement will only be considered on notification to Speak Out before the written contract is issued.