This issue was a javascript conflict issue. To fix the issue I cheated a bit by stripping the js out of EMs js file and hard coding it into the page where i wanted the call to take place. As the EMs js file was being loaded into the header i had to save it as a blank file to stop the conflict.
The consequence of this is if you need to add more than one modal in your site you would have to embed the js into the place you want it.