1. Terms and conditions
As required by Department of Employment regulations, the Agency�s booking confirmation form, containing the specific terms of the booking, must be signed and returned by the client. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between the Agency and the client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
2. Booking fees
(a) Permitted Use
In general, booking fees cover the right to use one image for one year from the date of the booking, in the United Kingdom only, for the initial Permitted Use.
(b) Daily/Hourly Rate
Booking fees are charged by the day or by the hour, or on some other basis, for example, a set fee for a catwalk show.
(C) Overtime
Overtime rates apply before 9am, after 6pm and on all bookings over 8 hours.
I. Work on Saturdays and between 1800 hours and 0000 hours on normal working days is at one and a half times the normal rate.
II. A special rate is negotiated for night work between 0000 hours and 0900 hours.
III. Work on Sundays and Bank Holidays is at double the normal rate.
(d) Travel
Travel will be charged at half the hourly rate: this applies to travel outside a five mile radius of Hyde Park Corner (i.e. Chiswick in the West, Golders Green and Highgate Village in the North, Mile End in the East, Streatham Hill and Tooting Bec in the South).
(e) Fitting fees
Fitting fees are charged at half the hourly rate with a minimum of �45 per hour.
(f) Additional expenses
All expenses incurred by the Agency on the clients� behalf will be charged to the client and will include an uplift of the total amount of the expenses.
(g) Location bookings
When a location booking is made, a client must provide transport there and back unless agreed otherwise. If a model on location is prevented from returning to London to work, half the daily fee is to be paid.
3. Additional fees
To be agreed at the time of the booking or before any additional usage
(a) Usage
Additional fees are payable for the right to use the model's image (or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) for all known or anticipated purposes other than the Initial Permitted use (e.g. packs, posters, showcards, record covers, swing tickets etc). Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. Under no circumstances will each usage fee be less than the model's advertising day rate.
(b) Territory
Additional fees are also payable for the right to use the model's image (or reproductions etc. as set out in 8a above) for all known or anticipated territories other than the United Kingdom. Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed. Under no circumstances will each usage fee be less than the model's advertising day rate.
(C) Other services
Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on an individual basis.
4. Agency Fees
(a) All bookings excepting Equity contract TV commercials
The agency charges a supplement of 20% on all hourly, daily and overtime fees and all fees for the right to use and all fees negotiated for any other service to be supplied by the model. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model's disbursement is included at 66.7% and the agent's fee at 33.3% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(b) Equity contract TV commercials
The fee negotiated by the agent is the artist's fee from which agency commission will be deducted at 20% of the invoice total. VAT and agreed expenses will be added where appropriate.
(c) Non Equity contract TV commercials
Model disbursement and agency fee will be charged as 9(a) and applies to all commercials shot for use outside the UK irrespective of where the fee is paid.
(d) Value added tax
All sums payable under these terms and conditions are exclusive of VAT and any other similar or equivalent taxes or duties
which shall be payable in full without set off by the client.
5. Invoicing
On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The agent reserves the right to invoice the 'ultimate client' (e.g. designer / manufacturer / owner of the product in question), for example this may be done if the client is booking on behalf of the ultimate client in which case the client and the ultimate client are jointly and severally liable to pay the invoice. All fees for usage are for the right to use the model's image and, once agreed, are payable whether or not the right is exercised. Unless the agent specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
6. Exclusion fees
A special fee will be negotiated when the use of the model's image, or the service to be supplied by a model in relation to a product is required, on a basis which precludes supplying services or allowing the use of the model's image for competing products. A model can supply services to and allow use of the model's image by any competitor unless an exclusion fee is negotiated. It is the client's responsibility to check whether conflicting work has been done.
7. Provisional bookings
Provisional bookings will be cancelled automatically if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.
8. Cancellations
If a booking is cancelled within one working day of the starting time the full booking fee will be charged, unless the same model is booked within 24 hours in which case half the booking fee will be charged.
If a booking is cancelled outside the one day period but within two working days of the starting time then half the booking fee will be charged.
Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and bank holidays are excluded from these calculations.
9. Weather permitting bookings
At the first cancellation, half the booking fee is charged unless the client fails to cancel in time to prevent the model's attendance, when the full booking fee is payable. At the second cancellation, the full fee is charged.
10. Meals
Clients are responsible for models' meals on all bookings outside the London area (see 5)
11. Model care and safety
The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and well being of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
a) ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide
the services in compliance with all health and safety standards, regulations, codes and laws;
b) allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and
refreshment whilst delivering the services;
c) providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is
delivering the services and travelling to and from the client�s venue as if he/she were an employee of the client;
d) ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably
qualified, experienced and professional;
e) ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning
to the model;
f) ensuring that the services are delivered and the model is treated in accordance with The Association of Model Agents� Code of Practice;
and
g) providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the
services and also maintains his/her privacy.
Always include a credit as "model�s name" @ "the Agency", wherever a credit is applied.
12. Warranties
a) The client warrants and represents to the Agency that:
I) it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
II) The booking form is executed by a duly authorised representative of the client;
III) it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice and
section 11 above;
IV) it has all necessary permits, licences and consents to enter into and to perform its obligations under these terms and conditions and such obligations
shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments; and
V) it will promptly disclose to the Agency in writing all necessary information (including without limitation the location and length of the shoot and
requirements for any foreign travel) and details relating to the provision of the services to enable the Agency to ensure that the model is suitably
prepared and able to perform the services.
13. Fashion shows
Catwalk bookings give the right to make use of a model's services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc. as set out in 8b above) is for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abides by it. If any other usage is required that must be negotiated at the time of the booking.
14. Videos
All fees will be negotiated individually. Normally there will be a fee for the shoot plus a buyout. If not booking direct, the client (usually the record company) will be invoiced as the ultimate client (see 5).
15. Test and experimental photography
A photographer is not entitled to use test and / or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
16. Copyright
The photographer and / or the client and anyone obtaining rights from or through the photographer / client is not entitled to use any images for any usage beyond that agreed or permitted under sections 2a, 3, 12, 13 and 14 above. The photographer / client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these terms and conditions (1-22) to the attention of the photographer and obtain his agreement to them before the shoot commences.
17. Insurance
