Freelance terms

1. Scope

These General Terms of Collaboration apply to all assignments carried out by freelancers, self-employed persons, students, flexi-job workers or other external workers for Ampli bv.

By accepting an assignment, the worker declares to have read these terms and the applicable Ampli Crew Guidelines.

If the two documents conflict, these General Terms of Collaboration prevail.

2. Self-employed status

The freelancer carries out assignments as a self-employed person and remains fully responsible for their social, tax, administrative and legal obligations.

Nothing in this collaboration creates an employment contract, employer authority or an exclusive relationship between Ampli and the freelancer.

The freelancer remains free to accept or refuse assignments.

Ampli is not obliged to offer assignments and the freelancer is not obliged to accept them.

The freelancer organises their work as a self-employed person and keeps freedom in how the assignment is carried out, except for safety rules, operational agreements and instructions that are needed to carry out the project properly.

3. Insurance

Throughout the collaboration, the freelancer has valid civil liability insurance that sufficiently covers the activities carried out.

Ampli may ask for proof of insurance at any time.

The freelancer remains responsible for all legally required insurance related to their activities.

4. Permits, certificates and qualifications

The freelancer has the permits, certificates, training and qualifications required for the work to be carried out.

If asked, these are shown to Ampli immediately.

If the freelancer is asked to carry out activities for which they do not hold the necessary certificates, they must report this.

Missing required certificates or permits may lead to exclusion from an assignment or termination of the collaboration.

5. Safety

The freelancer undertakes to strictly follow all safety rules, legal provisions and instructions of Ampli, customers, venues and competent authorities.

Everyone has the right and the duty to stop work when an unsafe situation arises.

The freelancer arrives at the assignment fit, equipped and able to work.

Working under the influence of alcohol, drugs, narcotics or in a state of serious fatigue is prohibited.

The freelancer does not carry out work for which they are not sufficiently authorised, trained or certified.

If an assignment, instruction or situation conflicts with the law, safety rules, permit conditions or their own qualifications, the freelancer reports this to Ampli immediately.

If there are objective signs that a person is not fit to work, Ampli may remove them from the assignment immediately.

If a freelancer is removed from an assignment by Ampli, a customer, a venue manager, the Crew Chief or the Project Manager because of intoxication, unfitness for work, inappropriate behaviour, serious safety breaches, lateness or failure to follow instructions, any right to payment for the part of the assignment not performed lapses.

If the assignment can therefore not be carried out, or only in part, Ampli reserves the right to end the collaboration immediately.

6. Equipment, vehicles and property

All materials, vehicles, tools, documents, keys, badges, software, access codes and other property of Ampli or its customers remain the property of their respective owner.

They may only be used to carry out the assignment.

The freelancer treats the materials, vehicles and property of Ampli, customers and suppliers as a prudent and careful person.

Damage, loss, theft, defects, accidents or suspicious situations must be reported to the Crew Chief immediately.

Loss of keys, badges, access devices, charging cards, fuel cards or security devices must be reported immediately.

Keys, badges, access codes and other access rights may not be shared with third parties.

Using vehicles, machines, lifting equipment, aerial work platforms or other work equipment for which the freelancer is not authorised, trained or certified is prohibited.

The freelancer may not withhold property of Ampli, customers or suppliers because of a payment dispute or any other claim.

The freelancer remains responsible for personal belongings brought to assignments.

Ampli cannot be held liable for loss, theft or damage of personal belongings, except in cases of intent or gross negligence by Ampli.

7. Theft, damage and liability

Theft, embezzlement, fraud, misuse of equipment, unauthorised use of vehicles or taking property of Ampli, customers or suppliers without permission leads to immediate termination of the collaboration.

Ampli reserves the right to recover the damage suffered and, if necessary, to report it to the competent authorities.

The freelancer treats all materials, vehicles, infrastructure and property of Ampli, customers and suppliers as a prudent and careful person.

Normal wear and tear, hidden defects, manufacturing faults, technical defects or damage that occurs despite normal and careful use are not the freelancer's liability.

The freelancer may be held liable for damage that results directly from:

• intentional fault;
• gross negligence;
• ignoring safety rules;
• unauthorised use of equipment;
• use of equipment for which one is not authorised or trained;
• acting against instructions;
• breach of legal provisions.

All damage must be reported immediately.

If damage occurs for which the freelancer is held liable, the relevant insurance policies may be claimed.

Costs, fines, damages and claims that result directly from a demonstrable fault or negligence of the freelancer may, as far as the law allows, be recovered from the liable party.

8. Vehicles and traffic offences

Every driver remains responsible for complying with the applicable traffic laws.

Traffic fines, parking fines, municipal administrative fines, low-emission zone fines, toll fines and other offences are charged to the driver who committed the offence.

Every driver checks before departure that the vehicle can be used safely.

Every accident, defect or damage involving an Ampli vehicle must be reported immediately.

Every driver reports new damage before departure and when the vehicle is returned.

Leaving the scene of an accident or not reporting damage is considered a serious breach.

9. Confidentiality

All information obtained during the collaboration is considered confidential.

This includes, among other things:

• customer data;
• quotes;
• budgets;
• price agreements;
• technical plans;
• CAD drawings;
• network configurations;
• IP addresses;
• run sheets;
• production data;
• personal data;
• internal procedures;
• Ampli business information;
• information about artists, speakers or events.

This information may not be shared with third parties without Ampli's prior written consent.

The confidentiality obligation continues after the collaboration has ended.

10. Social media and publicity

Photos, videos or other content made during assignments may only be published with the permission of Ampli or the client.

Confidential or commercially sensitive information may never be made public.

After publication, Ampli may ask for certain content to be removed when this is necessary for customer relations, safety, privacy or confidentiality.

11. IT security and use of AI

The freelancer will not enter confidential information into public AI platforms, online tools or external systems without Ampli's prior permission.

Own software, hardware, USB storage or network equipment may only be connected to systems of Ampli or its customers when this is necessary for the assignment and allowed by the person in charge.

Passwords, login details and security information are treated as strictly confidential.

12. No direct approach of customers

The freelancer will not actively approach customers, prospects and business contacts introduced through Ampli in order to offer competing services directly, outside Ampli.

Assignments that result directly from contacts, project information or customer relationships obtained through Ampli may not be carried out outside Ampli without prior written agreement.

The parties commit to a loyal collaboration.

13. Replacement and subcontracting

The freelancer may not be replaced by someone else, nor subcontract the assignment in full or in part, without Ampli's prior permission.

Ampli keeps the right to refuse a proposed replacement.

14. Conduct and representation

During assignments, the freelancer represents Ampli towards customers, suppliers, visitors and other parties involved.

Ampli expects a professional, respectful and honest attitude.

The freelancer makes sure to be at the agreed location on time.

In case of delay, the freelancer informs Ampli as soon as possible.

Repeated or serious lateness may lead to limiting or ending future collaborations.

The following behaviour is not accepted:

• discrimination;
• intimidation;
• aggression;
• inappropriate or abusive behaviour;
• fraud;
• theft;
• bullying;
• improper behaviour towards customers, colleagues or suppliers.

Leaving an assignment without permission from the project management in charge is considered a serious breach.

If it becomes clear during an assignment that a freelancer does not have the stated skills, experience or qualifications for the agreed role, Ampli reserves the right to assign other tasks or to end the assignment.

15. Expenses

Travel costs, parking costs, overnight stays, toll roads, meals and other expenses are only reimbursed if Ampli approved them in advance.

Costs incurred without prior agreement may be refused.

The freelancer keeps the necessary receipts and provides them to Ampli on request.

16. Invoicing and payment

Invoices are prepared according to Ampli's applicable invoicing guidelines.

Incomplete or incorrect invoices may be refused until the required corrections have been made.

Unless otherwise agreed in writing, the payment term is 30 days after correct receipt of the invoice.

By accepting an assignment, the freelancer agrees to the rate communicated for that assignment.

Rates are usually stated in the invitation, planning or assignment confirmation.

Unless expressly agreed otherwise, the communicated rates are all-in rates, including preparation, set-up, breakdown, waiting time, overtime and other work that reasonably forms part of the assignment.

Only Ampli, the Project Manager or the Crew Chief can give prior permission for additional work, extra hours or additional pay.

Additional work, costs or overtime that were not approved in advance cannot be invoiced.

In exceptional circumstances, the Crew Chief may propose additional work. This is discussed internally and can only be invoiced after explicit approval by Ampli.

In case of an obvious technical, administrative or human error in an invitation, planning, rate communication or calculation, Ampli reserves the right to correct this error. The freelancer is informed of this as soon as possible.

In case of a disagreement about work performed, start times or end times, the work recorded by Ampli, the Crew Chief or the Project Manager is the starting point, unless there is a demonstrable mistake.

The freelancer only invoices work actually performed and approved by Ampli.

17. Cancellation of assignments

An assignment is only final after both parties have confirmed it.

If a freelancer cannot carry out a confirmed assignment, they must report this to Ampli immediately.

Ampli understands that illness, force majeure or unforeseen circumstances can occur.

Repeated late cancellations, no-shows or failure to keep agreements may lead to limiting or ending future collaborations.

If a freelancer does not show up for a confirmed assignment without prior notice, this is considered a serious breach.

Ampli cannot be held liable for changes, rescheduling, shortening or cancellation of assignments that result from decisions of customers, suppliers, authorities, force majeure or other external parties.

18. Force majeure

Ampli cannot be held liable for delays, changes, interruptions or cancellations that result from circumstances beyond its reasonable control.

These include, among others:

• extreme weather conditions;
• fire;
• floods;
• pandemics;
• strikes;
• power cuts;
• government measures;
• terrorist threats;
• war;
• technical failures;
• natural disasters.

19. Privacy

Personal data is processed in accordance with the applicable privacy legislation and only for purposes related to planning, administration, safety, communication and legal obligations.

20. Termination of the collaboration

Ampli may end the collaboration immediately in case of:

• serious safety breaches;
• fraud;
• theft;
• breach of confidentiality;
• poaching of customers;
• intentional damage to equipment;
• lack of required insurance;
• lack of required certificates;
• aggressive or abusive behaviour;
• working under the influence of alcohol or drugs.

In such cases, Ampli may decide not to assign any further assignments.

21. Applicable law and competent court

This collaboration is governed exclusively by Belgian law.

Disputes fall under the jurisdiction of the courts of the judicial district of Leuven, unless mandatory legal provisions require otherwise.

22. Contractual penalties imposed on Ampli

If Ampli is charged a fine, damages or a cost that results directly from a demonstrable fault or breach by the freelancer, Ampli reserves the right to recover this cost from the freelancer concerned, as far as the law allows.