Please read these terms and conditions carefully. These terms and conditions govern the submission of your expression of interest to be considered in the selection process to present and/or perform an activity or piece of work at a festival site during the Birmingham 2022 Commonwealth Games (“Performer”).
- The Birmingham Organising Committee for the 2022 Commonwealth Games Ltd (“B2022”) has engaged Outdoor Digital Productions Limited (“ODP”) to recruit the Performer.
- To be considered for the role of a Performer, individuals, groups or companies (“Applicants”) must complete and submit the relevant online expression of interest form (the “Expression of Interest”).
- Applicants shall indicate their acceptance of these terms and conditions by checking the relevant box on the Expression of Interest or (if no such box is checked) shall otherwise be deemed to have accepted and be bound by these terms and conditions upon submission of their Expression of Interest.
- ODP shall be entitled to delay, postpone or cancel the recruitment process set out in these terms and conditions at any time and for any reason.
- The application period opens on 18th March 2022 and will close at 23:59 GMT on 7th April 2022. Applications received after this time will not be considered.
- Each Applicant must:
(a) be aged eighteen years or above;
(b) be a UK citizen or have permission to reside in the United Kingdom and live and/or work in Birmingham or the West Midlands;
(c) be available to attend briefing and rehearsal sessions which will take place in July 2022. The rehearsal schedule will be provided to the successful Applicants;
(d) be available to act as a Performer throughout the period 29th July to 8th August 2022 inclusive (although availability will only be required on certain of those dates); and
(e) be able to perform outdoors, either on a covered stage and/or on grass;
(f) agree to a background security check (the “accreditation security risk assessment check”).
- Each Applicant confirms that all information included in their Expression of Interest and that they otherwise provide to ODP or B2022 is true, accurate, current, complete and not misleading and that they have the right to provide ODP and B2022 with that information. ODP may require an Applicant to provide proof in relation to any element of their Expression of Interest (including proof of age/identity) and each Applicant shall promptly comply with any such request. Failure to promptly comply with any such request may result in an Applicant’s Expression of Interest not being considered.
- Each Applicant consents to the relevant authorities undertaking an accreditation security risk assessment check using the information provided in the Expression of Interest which the Applicant acknowledge is a mandatory requirement to being a Performer.
- Neither ODP nor B2022 accepts any responsibility for Expression of Interests that are not successfully submitted, regardless of cause, including (without limitation) due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure, of any kind or any other reason.
- ODP shall review the Expression of Interest and shall then invite certain Applicants to attend a meeting to discuss their application and the opportunities within the “Festival Site” programme on dates to be notified by ODP (each, a “Programming Meeting”).
- Applicants will only be contacted by ODP if they have been shortlisted and invited to attend a Programming Meeting (which may be held online or in person).
- An invitation to a Programming Meeting is no guarantee that an Applicant will be selected to be a Performer and any Applicant who is unable to attend a Programming Meeting may not be eligible to be a Performer.
- ODP reserves the right not to offer the Applicant a Performer role and has no obligation to give reasons for rejecting any application. Any decision of ODP as to eligibility will be final and no correspondence will be entered into. After being selected, ODP reserves the right to terminate any individuals’ participation as a
- Neither ODP nor B2022 shall be responsible for reimbursing any costs of Applicants (including, without limitation travel, accommodation and/or subsistence costs) in connection with a Programming Meeting. Subject to the foregoing, ODP may (in its sole discretion) elect to make a contribution to Applicants’ travel costs to attend Programming Meetings where they are held in person.
- ODP shall not be obliged to provide feedback to or otherwise enter into correspondence with Applicants who are unsuccessful as part of the application process.
- Following the Programming Meeting, or at any other time, ODP may make an offer to an Applicant to become a Performer. ODP reserves the right to make an offer to as many or as few Applicants as it may determine. The decision of ODP regarding any aspect of the application process is final and binding.
- If ODP elects to make an offer to an Applicant to become a Performer, that offer shall be subject to the Applicant and ODP entering into a written contract formally appointing the Applicant as a Performer and confirming the other relevant terms of the Applicant’s appointment (a “Performer Contract”). No such appointment shall be legally binding unless and until ODP and the relevant Applicant enter into a Performer Contract.
- Each Applicant appointed as a Performer pursuant to a Performer Contract shall be required to attend training workshops on dates to be confirmed by ODP and which may be held online or in person. The Applicant’s entitlement to remuneration and reimbursement of expenses (if any) in connection with attendance at these training workshops shall be as set out in the Performer Contract.
Limitation of Liability
- The Applicant agrees to release and hold harmless B2022 and ODP, its officers, staff, agents and its personnel from any expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) (“Losses”) incurred or suffered by the Applicant or the Applicant’s parent/legal guardian and which arise out of, are caused by, or are attributable to or result from the Applicant’s application except to the extent such Losses are caused or contributed to by a wrongful or negligent act or omission of B2022, its officers, staff, agents or personnel.
- ODP reserves the right to amend these terms and conditions at any time without notice and no liability shall attach to ODP or B2022 as a result thereof.
- By submitting the Expression of Interest to ODP, the Applicant hereby warrants that it is the sole owner of the copyright and all other intellectual property rights in their proposed activity or piece of work (“Work Product”) and agrees to grant to ODP and B2022 a non-exclusive, worldwide, royalty-free, irrevocable, transferable, sub-licensable licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works from that Work Product. The Applicant also consents to the infringement of any moral rights that they have in the Work Product.
- ODP might ask the Applicant to execute documents or take other steps as necessary to give effect to paragraph 22 and the Applicant confirms that they will take any such steps on request by ODP.
- Any personal information provided or submitted by the Applicant as part of the application process, or ODP review in connection with the application process, will be used, shared and retained in accordance with our Privacy Notice which can be found at https://www.birmingham2022.com/privacy-notice/.
- Please ensure that any personal information the Applicant has provided to ODP is kept up to date and that the Applicant monitors any correspondence provided to the Applicant by ODP in relation to their application to be Performer.
- If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable then Applicants agree that the remaining terms shall continue in full force and effect.
- ODP reserves the right to reject the relevant Expression of Interest or refuse to offer an opportunity to Audition or become a Performer to anyone in breach of these terms and conditions or to anyone, who in ODP’ sole opinion, has otherwise acted improperly or dishonestly.
- These terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.