ESS Consultants (ESS) are pleased to submit this proposal to Lydden Hill for health and safety services, supporting them with achieving health and safety compliance through procedure and controls, review of existing safe systems, development of health and safety systems and on site safety support.
This proposal follows an initial email discussion with Lydden Hill to ascertain project requirements. ESS aim to provide a service to Lyden Hill, meeting the objectives below, identified during email discussions. The services offered in this proposal are bespoke to the company and event. Further project planning meetings are advised after acceptant of this agreement.
The following agreement will be offered at the monetary value, as outlined in the pricing section. As a new client, payment for services is required in advance.
Lydden Hill's forthcoming project includes a number of motorsport events around the UK, including England, Scotland, Wales, and Ireland.
Lydden Hill require a review of existing documentation, construction or update of event documents, and onsite support.
The following needs were identified during the initial discussions:
- Advisory support (online/telephone) to project staff during pre-production;
- 7x days for review and construction of documents (where additional pre-production days are used, these will be included into an additional invoice);
- Onsite support for main events;
- Travel days to / from events;
- 2x Production or site meetings - Assistance with submissions of reportable accidents to HSE;
- Accident / incident investigation support;
- Reduced rate for training (delivered online, via conferencing software) including Introduction to Event H&S for new staff / starters / runners.
The proposal offered is as a bespoke project service to meet the objectives as outlined in the objectives section. This will include the following details;
- Obj-01 Health and Safety Advice; Online and telephone support for the project team by the primary and secondary consultants.
- Obj-02 Pre-Production; Seven days allocation for document review and construction, including the following;
1. Event safety documents;
2. Team, venue / track documents and procedure reviews,
3. Construction and management of site induction and briefings;
4. Construction phase plans and COVID risk assessment
5. Contractor due diligence checks
- Obj-03 Onsite Support; Provision of onsite health and safety support for the event weekends
- Obj-04 Production Meetings; 2x meetings allocated for production or technical planning meetings.
- Obj-04 HSE RIDDOR Reports; Assisting the project report correct and accurate information to the HSE, as nominated person, initiating all required investigation reports
Project tasks and delivery
The project shall be delivered by the appointed health and safety consultants – Cleve Rushton (primary consultant) and Ben Harding (secondary consultant).
Throughout the planning phase, the main contact will remain the same via the primary consultant, ensuring consistency with project delivery and business relations.
Phases of the project
Phase 1; Initial startup, pre-production, planning and review of documentation, with any missing policies written and or updated for Lydden Hill.
Phase 2; Onsite support for all venues and dates as outlined below:
30th/31st August – Lydden Hill Race Circuit
26th/27th September – Knockhill – Scotland
17th/18th October – Pembrey – Wales
14th/16th November – Mondello - Ireland
The scope of this project is limited to the above listed items and tasks.
Any additional items will be counted as out of scope. Travel and subs expenses are charged at the current rate and are not included in this project costing.
Accommodation and flight costs etc. are NOT included in the agreement costs. The client to provide all travel and accommodation for the event, rig and derig days.
Extra items may only be added through the use of separate agreements and / or quotes.
Project assumptions and exclusions
The agreement will be made between both parties for the term of the project, unless further extended and agreed if required. The client reserves the right to terminate this agreement, with minimum two weeks’ notice and must be submitted in writing to ESS Consultants, outlining the reason for termination of contract. Project costs and invoices must be settled prior to work commencing or completing.
Accommodation and travel
ESS have provided this proposal for services and tasks only. As a result, accommodation arrangements are omitted from the scope and costing. The client is responsible for arranging accommodation for the project.
Travel cost is estimated as one journey to the site at the beginning of the project and one journey returning post event completion.
Please see further project assumptions below:
- ESS will provide services specific to the dates provided. Any additional dates that are requested by the client, ESS automatically assumes they have been signed off internally and therefore will invoice accordingly, without a PO, if one hasn't been provided. As part of this proposal you agree to accept all such additional work invoices.
- You agree that ESS provide consultancy to you, by way of advisory conditions, either on site or during pre-production. Although our consultants do not have enforcement capabilities, you, the client, agree to action any advice provided. Where advice is not followed, ESS are not held accountable.
- You will provide necessary material that ESS require for the project's completion, including (but not limited to) site rules, key contacts, any information email or documentation specific or pertinent to the site and or event, details and documentation from specific higher risk activity such as aerial photography, RAMS, contractor details, site plans and schedules, and emergency arrangements via tracks or venues.
Phase 1 – Initial startup: Initial startup, pre-production, planning and review of documentation, with any missing policies written and or updated for Lydden Hill.
£2,100 (due on contract signing)
Phase 2 – Onsite support: for all venues, 2 days for each event (additional days out of scope, charged at reduced rate) 9 on site days and 8 travel days
£5,150 (payment due before event, on invoice date - not less than three weeks prior)
Mileage expense 0.45ppm Accommodation not included in cost.
Disclaimer: The prices listed in the preceding list are an estimate for the services discussed. This summary is not a warranty of final price. Estimates are subject to change if project specifications are changed.
Terms and Conditions
Terms of Business for services as outlined within the agreement This is a contract between:
ESS Safety Consultants Ltd, trading as ESS Consultants ("the Company"); and you, Lydden Hill ("the Client").
Scope of Agreement
All quotes are E and O exempt.
1.0 Unless otherwise agreed, payment is strictly due on receipt of invoice for new clients and within 14 days of invoice for pre existing clients, unless otherwise agreed. Payments that are received outside of the timescale identified will be subject to additional charges per day (in the absence of any formal agreement between the client and ESS). Payment terms for this project are payment complete upfront, due on receipt of invoice
1.1 When delivering training, payment shall be made in advance of delivery to secure the day and prepare training materials, unless otherwise agreed.
1.2 Day Rates are based on a 10 hour day (full day rate) and 4 hours for a half day. Any work that goes beyond the identified day/ half day working hours will be charged at the relevant hourly rate, per hour (or part of) which is additional. It is the responsibility of the client to monitor and plan scheduled working hours.
1.3 The client, upon confirming work between ESS and themselves agree to monitor working hours and reimburse ESS per hour beyond the day / half day rate. ESS take no responsibility for additional costs beyond those identified in the original quote being added to the invoice where hours are increased.
1.4 ESS are to be reimbursed travel expenses as outlined in your quote or otherwise, and may require paying in advance of travel and / or commencement of contract / event. Travel Expenses might not be included into the quote. Where this is the case, please contact ESS to confirm mileage, expenses anticipated or to discuss expenses arrangements. In the absence of client agreement, ESS will charge for expenses accordingly.
1.5 Quotes are valid for 15 days from date of receipt. Written confirmation is required prior to work taking place. Although quotes are estimated as close as possible, additional number of days or work may increase charges. It is the clients responsibility to monitor number of days used, or charges that are increasing owing to additional or unplanned work. A cancellation charge may exist if you need to cancel dates or work, please contact the office for further information if required.
1.6 ESS cannot provide any form of credit, therefore any annual services are requested for payment in full, 14 days from receipt of invoice.
2.0 Retainers can only be provided once an agreement has been signed by the client and countersigned by ESS as the service provider. Number of days services are provided are outlined within the agreement, together with reduced day rate (where applicable - some retainer agreements may not have reduced day rates, based on the retainer level).
2.1 Payments for retainer clients must be provided on the 1st of each month PRIOR in advance of work for the following month, or a date as specified in your agreement (or within the payment terms outlined on your invoice). Late or missing payments may result in services and access to services being withdrawn. ESS retain the right to remove all services under such conditions without prior notice to the client.
2.2 Withdrawal from retainer agreements must be completed in the timescales as detailed within the agreement, but no less than 30 days as a minimum. Documents written on behalf of the client by the service provider will remain the intellectual property of ESS. The client may use the documents as required, and as outlined within the retainer.
Provision of Documentation and Advice
3.0 Copyright ownership of documents produced on behalf of the client remain that of ESS Safety Consultants Ltd, T/A ESS Consultants. Where client images, logos and company names have been added to documents, this does not in any way remove the copyright ownership of supplied documents.
3.1 Consultants are provided to clients in an advisory capacity. ESS will offer advice to clients relating to breaches of legislation, poor working practice or work ethics and safety critical advice and planning etc. The client agrees to take action whenever / wherever necessary. In the absences of such action or support by the client, ESS retain the right to cancel any ongoing support at full project monetary cost to the client, outlining key concerns and issues together with corrective action necessary by the client.
3.2 All documents, safety management plans, audits, quotes and other, are produced from information provided and available at the time to ESS. All documents are produced in good faith and it is the responsibly of the client to review all documents for errors or omissions.
4.0 When contracting or authorising work by ESS, you agree that your name and or logo may be used within ESS marketing material. If you DO NOT want association or logos to be used, please contact ESS.
4.1 We will endeavour to use the best or most up to date logos for the purpose of marketing material however, where an absence of such images or texts exist, ESS will obtain content from public forums.
Projects (seasonal, tour or longer than a week)
5.0 Project may be defined as, but not limited to; seasonal projects, events or broadcasts; a production, event or broadcast taking place longer than a week, or more than one venue.
5.1 For events, broadcasts or work defined as a project by ESS, payment will be minimal 50% up front, or 100% up front, or via monthly instalments. Where terms and conditions are defined, the client agrees to adhere to the requirements as per individual agreements, or via the standard terms and conditions.
5.2 For long standing projects, travel and accommodation provided on quotes are estimates only. ESS will not be held accountable for increased costs, based on availability and or expenses. The client agrees to pay any expenses either pre event, or within specific payment time scale, as defined in agreements and invoices.
6.0 The Client shall indemnify and keep indemnified the ESS against any costs, claims or liabilities incurred directly or indirectly by the Company arising out of or in connection with any Assignment including (without limitation) as a result of:
(a) any breach of this Agreement by the Client; and
(b) any breach by the Client or any associated company of the Client, or any of its or their employees or agents, of any applicable statutory provisions (including, without limitation, any statutory provisions prohibiting or restricting discrimination or other inequality of opportunity); and
(c) any matter in respect of which the Client has agreed to take responsibility in clause 6.0 above.
Entire Agreement/ Variation
7.0 This Agreement constitutes the entire and only legally binding agreement between the parties relating to the assignment and replaces any previous agreements or arrangements. No variation to these terms on can be made otherwise than in writing
8.0 Any failure by the client to enforce at any particular time any one or more of the terms of this Agreement shall not be deemed a waiver of such rights or of the right to subsequently enforce the terms of this Agreement.
9.0 Headings contained in this Agreement are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
10.0 If any provision, clause or part-clause of this Agreement is held to be invalid, void, illegal or otherwise unenforceable by a judicial body, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law.
11.0 The Company shall have no liability for any delay or failure in performance of its obligations to the Client where this arises from matters outside its reasonable control.
12.0 No provision of this Agreement shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 (“the Act”). This does not, however, affect any right or remedy of a third party that exists or is available independently of the Act.
13.0 The Company may charge interest on all overdue debts under this Agreement at the rate of 2% per month.
13.1 The payment terms for this project are payment in advance, on receipt of invoice. Payment terms must be met in order for ESS to provide services.
14.0 This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
15.0 Once services have been confirmed, whether verbally, electronically, in writing or by acceptance of quote, proposal or agreement, cancellation by either party is subject to the terms herein.
15.1 Both parties agree that in the event of a cancellation the provider must be informed immediately. Charges will be incurred based on cancellations timings prior to date of services or event.
15.2 Cancellation fees shall apply, outlined below:
15.3 Where cancellation is made within 48 hours of confirmation of services, no cancellation fee is due unless the event date is within the following 7 days, in which case the full fee will be due. Where cancellation is made after 48 hours of confirmation the following shall apply:
15.4 Cancellation occurs between 0-15 days of the event date - 100% of the fee will be due.
15.5 Cancellation occurs between 16-30 days of the event date - 75% of the fee will be due.
15.6 Cancellation occurs between 31-60 days of the event date - 50% of the fee will be due.
15.7 For cancellations that occur more than 60 days from the event date, no additional fees will be due to as this is deemed a suitable amount of time for the provider to reallocate work or consultants.
15.8 All client cancellation fees must be paid to the provider within 14 days.
15.9 Any outstanding payment owed to the provider will be referred to a recovery company and will be subject to a 15% surcharge to cover any collection costs incurred. This surcharge together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.
15.10 Force Majure may not automatically apply, including failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
15.11 Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. Where bookings are not managed appropriately, or where preventative measures are not proven, all cancellation fees will apply.
Your allocated HS Consultants
Cleve Rushton, HS Consultant. ESS Consultants
Primary Project Consultant
Cleve is a health and safety consultant at ESS, providing clients with significant event safety experience from live outdoor events to Motorsport projects.
An example of Cleve's experience is below:
- Dunham Massey at Christmas 2018 & 2019 – Event Management and Onsite H & S Support
- Vale Fest 2019 – Event Management and Onsite H & S Support
- Proms in the Park 2018 & 2019 – Event Manager and Safety Advisor
- WRC GB Rally, Wales, Service Park 2019 – Service Park Safety Advisor
- Globe Fest, Albert Square Manchester - Event Management.
- London Marathon 2018 - Onsite H&S support
- Uni Global, Echo Arena Liverpool - Onsite H&S support, de-rig
- UEFA Champions League 2018/19 Kiev/Madrid - Onsite H&S support
- F1 Paddock Club France/GB 2018 & 19 - Onsite H&S support.
- Tramlines Festival 2018 & 2019, Sheffield - Event Control, including completion of event safety log
- ARM APM, Cambridge - Onsite H&S support.
- Notting Hill Carnival - Onsite H&S support.
- Liverpool Food & Drink Festival, Onsite H& S Support.
- 2018 University of Derby Event Safety Management Diploma
- 2018 NEBOSH National General Certificate
- 2014 Cass Business School Leadership Development Programme
- City University London CMI Award – Strategic Development
- 2014 IOSH Managing Safely
- 2014 Brunel University Dealing with Dyslexia
- 2011 Blue Edge Training Project Management
- 2008 CPL Training EDI Level 2 Personal Licence Holders (APLH)
- 2002 BIIAB (Level 2) National Certificate for Licensees
- 2002 BIIAB (Advanced) Licensed Retail Catering Management
- 2002 BIIAB (Level 2) National Certificate for Entertainment Licensees
- 1994/7 University of Hertfordshire HND Business & Finance
- BA (Hons) Business Administration
- 1991/93 Oldham College OND Graphic Design (Merit)
- 1986/90 St Cuthbert’s RC High School 8 G.C.S.E. Grade C or above (Inc Math’s & English)
- UCLI Typewriting (Dist)
Ben Harding, Owner / Director, ESS Consultants
Project Secondary Consultant
Ben is the owner / director of ESS Consultants. Specialising in the events and broadcast industry, supporting clients from across genres including concerts, live events, Motorsport, broadcast and production.
An example of Ben's experience is below, showing some examples from across different areas of the industry and is not an exhaustive list:
Event Safety Management
- BAFTA Film Awards
- World Rally Championships (WRC)
- BAFTA TV Awards
- W Series Race Activation
- Formula E – Host broadcast and paddock
- Formula S
- London Pride, Head of Safety Team
- Royal Wedding 2011 – Central London
- Futuresonic Festival
- Wall Talks Stanley Dock
- The Town That Danced Again live event (Sky 1)
- Big Brother Eviction Events
- X Factor Homecomings
- Famous and Fearless Live TX at Echo Arena
- Children’s Festival St Georges Hall
- Labour Party Political Conferences
- MCM Expo's
- Prodigy Live Concert
- Disclosure Live Concert
- Beyoncé Live Convert
- Bruno Mars Live Concert
- Status Quo Live Concert
- Ultimate Fighting Championships (UFC)
- UK Ninja Warrior (venue safety)
- Conservative Party-Political Conference
- Large corporate events (venue based)
- FIFA Player of the Year Awards
- Red Arrows/Aston Martin Event Safety
- YouTube Live Event Safety
- Color Obstacle Rush
- Venue Safety, including various theatres and concert arenas UK
- Shell Oil/ Rome Corporate Events
- Shortlist Summer 2018 Festival
- Winter Run (10k fun run Central London)
- Various Exhibitions and corporate events
- Rolls Royce Events
- Llangollen International Music Festival
- London Marathon
- London Fashion Awards
- Soccer Aid
TV / Film and Broadcast Safety Management:
- 101 ways to leave a Gameshow – Argentina
- Total Wipeout - Endemol
- Ultimate Big Brother – UK
- Big Brother – UK (Ch 4 and Ch 5) (Endemol)
- Britain and Ireland's Next Top Model UK
- The Farm Series – UK
- The Million Pound Drop – UK
- The Perfect Catch – Greek Islands
- Famous and Fearless - UK (Live TX and VT / locations)
- X Factor – UK
- Britain's Got Talent – UK
- I Shouldn't Be Alive – International
- Supersize v Superskinny – UK
- Bouquet of Barbed Wire – UK
- Benidorm – Spain
- The One Show - UK
- The Hotel – UK
- Ross Kemp Extreme Worlds - Mexico, Haiti, Afghanistan
- Our Luxuries - Ethiopia
- Caroline Quentin – A Passage through India
- Bang Goes the Theory, UK
- MisFits - UK
- Richard Hammond Engineering Controls – UK
- Croc Man – UK Office based support
- How to Build a Roman Villa - UK
- Born To Be Different - UK
- Human Power Station – UK
- Expanding Horizons - Bear territory Canada
- Gadget Show – UK
- One Born Every Minute - UK
- Total Infestation
- Spooks – UK
- Megacities – UK (office based support)
- Soccer Aid - UK
- Dating In the Dark – UK
- The Bank Job
- Mad Dogs – Mallorca
- Home for the Holidays (TX Xmas week)
- Baggage – UK
- The Bodyguard
- 10 O Clock Live – UK
- Little Crackers – UK
- Bedtime Live - UK
· Level 3 Nebosh GC
· Level 6 NCRQ HS
· Level 4 CIEH Food Safety
· Level 5 CG Crowd Science
· Level 3 PTLLS
· First aid at work
· Advanced / remote first aid
· CR Temporary Demountable structures
· Level 2 door supervisor / SIA
· Level 2 personal license and personal license holder
· In date DBS
Jan 2017 – present: Owner / Director ESS Consultants
Feb 2015 – Jan 2017: Head of Health, Safety and Environment Manchester Central / GMEX
Feb 2008 – Jan 2015: Principal Consultant – First Option Broadcast Safety
To accept the costing, objectives and conditions set out in this proposal, please click the button below, and complete the agreement declaration.
An email confirmation will be issued to you as soon as your submission has been processed and submitted to ESS. Please check your spam folder if you have not received confirmation.
For any other questions, please contact ESS via email at firstname.lastname@example.org, or telephone 0843 289 1097, opt 1