Terms and Conditions for Contracting Erik Vermeulen
A. Confirmation And Acceptance Of Terms
1. Notification to the client from Leader Motivation Systems (my billing company) by electronic delivery, and not returned as undeliverable, will be deemed to have been served.
2. Should Leader Motivation Systems not be advised to the contrary within 72 hours of having sent confirmation details of a booking to a client by electronic transmission, we will assume acceptance by the client of our fees and our terms and conditions, as posted on our website at that date.
3. The contract between Leader Motivation Systems and the client consists of three elements: (1) A duly signed “Letter of Acceptance” returned by e-mail / fax to Leader Motivation Systems, (2) a copy of this Terms and Conditions page, and (3) a copy of my fee schedule.
4. Should the client require a printed and signed contract, as opposed to the electronic contract, this will be provided upon request. Failing such request, the electronic contract will serve as a complete and final record of the agreement between Leader Motivation Systems and the client, regardless of the fact that no signed contract exists.
5. Unless notified otherwise, Leader Motivation Systems will assume that the person who negotiated with us on behalf of the client, and / or to whom we directed the notice of confirmation, is an appointed official of the client, fully authorised to act on behalf of the client in this instance.
B. My Undertaking upon Confirmation
1. Once confirmed, we will not cancel or withdraw from this commitment prior to the event.
2. We (the facilitator agreed upon) will be there on the day, except in the event of a situation totally out of our control.
3. In the unlikely event that we do fail to appear for any reason whatsoever, we will refund my fee immediately.
4. In the event that we are unable to appear as a result of an incapacitating medical condition, accident, flight delays or any other situation outside of our control, we will do everything in our power to provide a replacement of similar talent, willing to work for the same fee (their travel and accommodation would however be an additional expense for your account).
5. Should we not be able to appear for the reasons stated above, then all agreed upon expenses apart from our fee remain for your account. This includes, but may not be limited to, airfares and other travel expenses, accommodation, and any other approved expenses. Note that this also includes the cost of international airfares.
6. In the extremely unlikely event that we fail to appear due to negligence, Leader Motivation Systems will become liable for all of the expenses listed above. Note however that our full liability is limited to those costs directly associated with our appearance (as listed above), and that we will at no time become liable for any other costs, expenses, or losses (material, or otherwise, deemed or real), regardless of the reason for my non-appearance.
C. Cancellation by Client
1. Cancellation by a client must be in writing, electronically or by fax, and will be calculated from the date received by Leader Motivation Systems. As above, notification to Leader Motivation Systems from the client by electronic delivery, and not returned to the client as undeliverable, will be deemed to have been served.
2. No cancellation fee if cancellation takes place more than 90 days before the event.
3. Cancellation fee of 50% of the contracted fee and other expenses becomes payable immediately where cancellation takes place 60 days to 90 days before the event date.
4. Cancellation fee of 100% of the contracted fee and other expenses becomes payable immediately where cancellation takes place less than 21 days before the event date.
5. In addition, all other agreed-upon expenses which we may have incurred prior to the date of cancellation or change, or which we will be obliged to further incur, will remain payable by you in full.
6. This cancellation fee will also apply in the event that the date or time of the booking is subsequently changed, and we not be able to accommodate the change due to other bookings. Should you however again contract my services at any time in the future, half of this cancellation fee will be deducted from the fee of the future contract (note that this applies only to cancellations in respect of date and time changes, and not to outright cancellations).
7. Where the client has already paid any or all of the fee and / or reimbursement of expenses to Leader Motivation Systems at the time that a cancellation fee falls due, then the portion of the monies which constitutes the cancellation fee will be retained, and the remainder of the monies will be refunded to the client without delay.
8. If the client has not yet paid any or all of the fee and / or reimbursement of expenses to Leader Motivation Systems at the time that the cancellation fee falls due, then the full sum due in terms of the cancellation fee will become payable immediately upon cancellation.
1. Fees are quoted on an event basis, as per the Client’s unique requirements. Please contact me for a current Fees Schedule.
2. All payments to be made by electronic bank transfer.
3. Fees are payable in full 30 days before the event.
4. Fees for bookings by South African based clients exclude VAT.
5. South African VAT does not apply to fees for bookings by clients not based in South Africa, even when the work takes place in South Africa.
6. Fees exclude all costs associated with venue.
7. Fees not received by Leader Motivation Systems 14 days prior to the event will constitute cancellation by client. Cancellation terms will then apply.
8. Fees are for bookings in major centres within South Africa. Bookings for remote destinations within SA will attract an additional daily cost for every half-day or more spent travelling. This cost will be deemed to be a reimbursement, and not a part of my fee.
9. Agreed-upon reimbursements, including travel, are payable on demand.
10. Where applicable, foreign exchange rates will be pegged as at date of invoice.
11. Fees exclude workbooks (where applicable).
12. Contractual relationship relating to enterprises outside of South Africa: Leader Motivation Systems and our associates operate as a South African-based business. All of our income is taxed in South Africa, and therefore no taxes are due by us in other countries.
1. All DOMESTIC travel costs within the country where the event is taking place are for the client’s account. This includes air travel, transfers, rented cars, and use of private transport.
2. Travel within South Africa is out of Johannesburg. No cost is levied for travel to venues within 60 minutes by road from Johannesburg.
3. Except where the alternative is expressly agreed, Leader Motivation Systems will make all travel arrangements for our facilitators.
4. Leader Motivation Systems will book, pay for, and issue airline tickets. Airfares are billed at FULL Y-Class (economy) fares, regardless of class of travel.
5. If applicable, excess baggage costs for the transportation of equipment and materials are borne by the client. Cost of airfares is refundable immediately the travel ticket is issued.
6. Where possible, for your sanity and mine, I prefer to travel to the venue of your event the day before my engagement. This minimises your stress and mine that can result from flight delays, traffic jams etc.
F. Venue, Facilities and AV Requirements
1. Keynotes:All audio-visual and sound equipment to be provided by client.
2. Workshops and training programmes:All audio-visual and sound equipment to be provided by client.
3. I insist that I work from my own laptop for presentations. This eliminates any possibility that layout, fonts, video and audio clips which I may use malfunction.
4. I will require my laptop (PC) to be connected to a data projector and placed on a small table at the front middle of the presentation area / stage.
5. There must be a mini-jack audio output connected to the main sound system at the laptop point. A power plug must also be provided.
6. I will supply my own wireless remote control to manage my presentation.
7. For audiences bigger than 40 people, I will require a wireless headset microphone. Alternatively a lapel microphone will suffice, but somehow sound quality is normally compromised with lapel microphones.
G. Handouts And Workbooks
1. Handouts are short summaries of the content, copied in black & white, and stapled together.
2. Workbooks are detailed and comprehensive self-paced learning programmes designed to assist participants in changing their behavioural patterns, thus assisting in continued improvement. The workbooks are bound in full colour sleeves.
3. In the event of keynote presentations, you are free to decline both the handouts and the workbooks, or you may decide to present your delegates with either one.
4. You will however be required to purchase workbooks for attending delegates on workshops, team-building events, and longer programmes. Some programmes require more than one workbook per delegate.
1. The presentation may not be recorded in any format without express written permission from Leader Motivation Systems.
2. Please contact us PRIOR to the event should you wish to record the presentation I will gladly discuss options with you.
3. Please advise delegates accordingly.