Client Booking Terms
Terms and Conditions for Clients
Please read this before booking a model.
In these Terms and Conditions the “Agency” means Elliott Brown and “the Client” means the person, firm or company named as such on the Booking Confirmation (“Booking Confirmation”).
The meanings of words and expressions used in these Terms and Conditions have those meanings attributed to them by the Model Agency industry in the ordinary course of business.
1. TERMS AND CONDITIONS
1.1. These Terms and Conditions supercede any other oral or express agreement or arrangement and take precedence over any terms and conditions that may be received from the Client (even if those terms and conditions have a clause similar to this clause) unless otherwise agreed prior to the Assignment.
1.2. These Terms and Conditions should be read in conjunction with the terms contained in the Booking Confirmation and invoice and the Client undertakes to notify all interested third parties affected or potentially affected by these Terms and Conditions that they apply to the Assignment.
2. BOOKING INFORMATION
2.1. As required by the Department of Employment regulations the agency's Client Booking Confirmation form sets out the specific terms of the booking and must be signed by the client and returned to the agency prior to the booking. Failure to do so and proceeding with the booking will deem to be acceptance by the client of the terms and conditions and shall govern the booking between agency and client.
2.2. Any amendment or variation to the booking form, by the client, has to be agreed and confirmed by the agency in advance of the booking. It is the clients resposibilty to make sure the booking details are correct.
2.3. Models introduced by the agency to a client or the clients agent must be booked through the agency. This applies to any future assignments.
2.4. Mixed Agency Bookings The Agency reserves the right to match third party agency fees where models from another agency are doing similar work on an Assignment. Regardless of the fee originally quoted.
2.5 It is the clients responsibility to provide appropriate meals/refreshments for the booked models/ artists /chaperones.
2.6 Child Performance Licenses. It is law that all children under the age of 16yrs have a performance licence to undertake photographic and fiming work. It is the clients responsibilty to apply for these. The agency accepts no liability should the client fail to produce a licence if requested. The client can request the agencies help with the licensing proceedure and will be charged £25 + VAT per child for this service.
3. FEES and PAYMENT
3.1. All fees are to be negotiated with the agency and only the agency.
3.2. Shoot fees are charged either by the day (8hrs between 9am and 6pm with one hour for lunch) or by the half day (four hours) or by the hour. The minimum booking period is 2 hours.
3.3.Run-on rates are shown, per hour ,on the Booking Confirmation and are charged pro rata to the nearest quarter. If a model is required to stay later than the finish time stated on the Client Confirmation form please contact the agency to confirm.
3.4. Overtime rates are to be negotiated and apply before 9.00 a.m. and/or after 6.00 p.m. Special rates are negotiated for work between 6.00 p.m. and midnight and/or for night work between midnight and 9.00 a.m. the following day. Fees for Saturdays ,Sundays and Bank Holidays are to be negotioated.
3.5. Fitting fees are to be negotiated with a minimum fee of £50 charged
3.6. Travel fees for Models /artist/chaperones are to be covered in full by the clients. Travel time to get to and from a booking is not charged when travel is the same day as the booking.
3.7. Travel days that are seperate to the booking day will be charged at an agreed fee between the agency and the client. Usually half the booking day fee.
3.8 The Agency reserves the right to charge the reasonable expenses incurred by the model in fulfilling the Assignment.
3.9. The Agency will charge an additional exclusivity fee where the Client requires that a model does not work for a Client’s competitors (or another Client) however the Agency does not warrant the exclusivity of a model’s use.
3.10 All fees quoted are inclusive of the agency fee. Unless otherwise agreed, at the time of booking, the model disbursement is included at 66.7% and the agents fee at 33.3% of the invoice total.
3.11 Equity contract TV commercial fees are negotiated by the agent is the artist's fee from which agency commission will be deducted at 20% of the total invoice. Agreed expenses will be added where appropiate.
3.12 Payment of any fees, disbursements ,expenses, commission or other amounts due to the Agency are payable up to 30 days from the invoice date.
3.13 The Client remains (at all times) principally liable for any indebtedness and for the payment of all monies due to the Agency however it is also hereby agreed that if for any reason the Client fails to pay any monies due (whether in whole or part) then the the agency reserve the right to approach the ultimate client to retreve monies owed, regardless of of whether the client named on the booking confirmation purports to act as their agent.
3.14 No right or title in any image is transferred or created until payment is made to the Agency of all sums due (whether formally demanded or not) to the Agency and until then no person, firm or company may use any image for any purpose whatsoever.
3.15 VAT will be charged in accordance with Value Added Tax Act 1994 or such statute from time to time applicable.
4. USE OF IMAGES
4.1.The Client hereby undertakes to notify and enforce the provisions of this clause 4 to and against all persons directly or indirectly participating in an Assignment.
4.2.Please note that any such permitted usage and entitlement is strictly subject to payment in full of all fees owed to the agency.
4.3.Any and all rights for the use of any images (“Initial Usage”) must be agreed with the Agency prior to the booking. The then agreed Initial Usage (including the period media and territory) will be shown on the Booking Confirmation sent by the Agency to the Client. Any discrepancy in the Booking Confirmation must be expressly notified prior to the start of the Assignment and any additional usage after the Assignment (including extensions of existing usage agreements) must also be expressly notified. The Agency reserves the right to invoice the Client such fees as it deems reasonable if the additional use of the image is not expressly notified to and agreed by the Agency.
4.4. In general booking fee covers the right to use images for 1 year in the UK from the shoot day or from an agreed date in the future (ie launch of the campaign)/
4.5. Additional fees are payable for the right to use the images (or reproductions, adaptations or drawings there from, complete or in part, alone or in conjunction with any wording or drawings including print and/or digital imaging) for all known or anticipated purpose other than the initial permitted purpose as shown on the Client Confirmation form.
4.6. Any applicable additional fees are negotiated based on 1year use in the UK from a specified date for the purpose or purposes agreed whether or not appropriate.
4.7 Additional fees are payable for the right to use the images (or reproductions, adaptations or drawings there from, complete or in part, alone or in conjunction with any wording or drawings including print and/or digital imaging) for all known or anticipated purpose other than the initial permitted purpose as shown on the Client Confirmation form for all known territories outside of the UK. These additional fees cover the use of an image for one year from the booking date or a specified date in the future in the terrirories agreed with the agency.
5.1. Where the Client is the photographer on an Assignment the Client is not entitled to use any image taken for any use other than for his or her own personal portfolio and all image usage must be agreed ,charged and have been paid for through the Agency and the Client hereby agrees so to restrict his use and the application of his intellectual property rights and if the Client is not the photographer the Client hereby undertakes to draw these Terms and Conditions to the attention of the photographer and is deemed to have obtained the Photographer’s agreement (oral or express) to these Terms and Conditions and in particular to this clause before the Assignment commences.
5.2. Neither the Client nor the photographer is entitled to use either test or experimental images for commercial purposes of any kind.
5.3 Product/Service Promotion
The use by the client of any image(s) obtained pursuant to an assignment is restricted to the product service or purpose the subject of the original assignment and no image(s) may be used in any manner whatsoever (whether commercially exploitative or not) for any other purpose regardless of any assumed, proposed, supposed or alleged connection between the original assignment and any other product service or purpose.
5.4 Fashion Shows - Catwalk bookings provide the client with the right to make use of the models services on the Catwalk for the specified show and the right to allow photographers to be present to take photographs and video of the show on the basis that such material is expoilted for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and the client will procure that they abide by these condiotions. Other use of images and film will be subject to additional fees negotiated by the agency.
5.5 Music Videos and Promotional films. All fees will be negotiated,structured and paid by the client on a case by case basis. In normal circumstances there will be a basic studio fee plus an additional buyout fee payable by the client.
6.1 If a client has to cancel a booking, for whatever reason, the following fees apply -
Within 24hrs of call time - full booking fee, as per the Client Confirmation booking form, is applicable unless booking can be rescheduled within the proceeding 24hrs in which case half the booking fee will be charged and is payable by the client.
Outside of 24hours of call time but within 48hours of call time half the booking fee will be charged and is payable by the client.
Where a booking of more than 3days is cancelled within a period equal or less than the length of the booking the full booking fee as per the Client Confirmation will be charged and is payable by the client. Note - in these cases Saturday, Sunday and Bank Holidays are excluded for the purpose of determining the cancellation period.
6.2 Should the agency have to cancel the booked model, for any reason, we shall endeavour to provide the client with reasonable notice, take all possible steps to provide the client with a suitable replacement and/or substitute and take other reasonable, practical steps to mitigate against cancelling the booking.
In any event the agency reserve the right to cancel a booking at any time and for any reason prior to the booking date without liability and the client procure necessary insurance cover to protact against such cancellation and any associated liability.
6.3 Weather Permitting bookings/ cancellations
A first cancellation due to adverse weather conditions will be charged at half the fee rate (provided that the cancellation is made in time to prevent the model’s attendance on the day of the Assignment failing which a full fee will be charged).
A second or subsequent cancellation will be charged at the full fee rate.
Any cause for complaint must be reported to the agency as soon as it arises. Complaints can not be considered and /or delt with effectively after the service has been delivered. Whilst the agency will use all reasonable endeavours to ensure the the models provide a satisfactory and efficient service to clients, as the agent,we can not be held responsible for a models conduct or behaviour whilst delivering the service and in this regard the agency shall not be held liable for any costs,expenses or losses suffered as a consequence of the behaviour or conduct of any model/artist
8.1. Insurance . It is the Client’s responsibility to arrange insurance of all kinds for an Assignment and this includes personal and third party liability insurance at an Assignment and indemnity insurance for a model’s non-attendance.
8.2. Consents the client hereby undertakes to obtain all permissions consents licences authorisations and other approvals (whether statutory or otherwise) which may from time to time be required from any person or competent authority for the carrying out of the Assignment.
8.3. Liability. The Agency will not accept any liability whatsoever for any loss costs claims or proceedings incurred by a Client in connection with any Assignment.
8.4. Material Produced. The Client hereby undertakes to provide a copy (in a reasonably acceptable format) of the finished work of an Assignment and to accredit the Agency and the model in any reference to the Assignment.
8.5. Confidentiality. The Client hereby undertakes for himself and to procure that all persons involved (directly or indirectly) with an Assignment shall keep all information (express or oral) confidential.
8.6. Waiver No waiver by the Agency of any breach by the Client shall be considered as a waiver of any subsequent breach of the same or any provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
The laws of England shall govern these Terms and Conditions and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.