These terms and conditions govern the provision of models, by the agent to the client for the purposes agreed.
As required by department of employment regulations 1973. The agencies booking confirmation form containing the terms of the booking must be signed and returned by the client prior to the commencement of the job. The signed booking form together with these terms and conditions shall form the agreement made between the parties that relate to each booking made. The failure to sign and or return the booking confirmation form and thereon proceed with the booking will be deemed acceptance of these terms and conditions by the client. No variation or amendment of this agreement shall be effective or binding on the agent unless agreed in advance in writing and signed by the agent. In the event of inconsistency the terms and conditions as stated here shall prevail.
All fees are based on the following and are charged by the full day or by the hour unless an alternative basis has been agreed in advance and is confirmed on the booking confirmation form.
Full day = 8 hours taken between the hours of 9.00am and 6.00pm
Half day = 4 hours
Bookings over six hours charged at a full day rate
Excluding equity contracts, models' time will be charged at the hourly rate unless a half day or full day booking has been pre-arranged in writing.
Overtime charged at the agreed hourly rate and taken to the next hour up. Overtime rates apply outside 0900-1800 hours & on all bookings longer than 8 hours. (excepting the extra hour between the hours of 9.00am and 6.00am when normal rates will be charged)
The rate between 1800hrs & midnight is 150% of the normal daily rate. Overtime between midnight & 0900hrs is to be negotiated.
Work on sundays & bank holidays is 200% of the daily rate
Fittings will be charges at half the applicable hourly rate with a minimum charge of £50.00 per hour.
All and any expenses incurred by the agency on the clients behalf will be charged to the client and will include an uplift charge of 10% of the total charges.
Where a location booking is made, the client will provide all transport for the model both to and from the location. The client is to provide details of transport provided to and from location prior to booking date. On the occasion of failure to provide transport for the model by the client, the agency reserves the right and will be entitled to charge the cost of the transport made for the model booked as an “additional expense” . Should a model not be able to return to london from the location a cost of half the daily fee will be charged to the client for each day lost. The client agrees to provide adequate travel insurance to cover the activities of the model whilst travelling to and from the location as well as whilst on location.
At all times on location the client acknowledges responsibility for health and safety and welfare of the model. Any and all potential risk to the model should be notified in advance to the agency along with a detailed risk assessment of how such risks will be mitigated. The highest standards of health and safety must be complied with at all times by the client.
Clients are responsible for models' meals and food on all bookings.
Use of images -standard use
Booking fees provide right for the client use of one image only via a single published medium for the purpose agreed.
This entitlement is for one year only from the date of booking or,
One season from the date of booking in the case of a fashion booking.
Permitted territory for use - united kingdom only.
All other proposed media, territory and period of usage of the images must be negotiated prior to the booking and will be shown on the booking confirmation sent by the agency to the client at the time of booking.It is not permitted to use the photographs for any purpose whatsoever until all fees have been paid in full.
It is the client's responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage, which may be required or anticipated subsequent to the time of booking.
Bookings provide the models services for the catwalk only on a specified show. And the right to allow photographers to be present and take photographs and videos of the show on the basis that all such materials including reproduction in any form is used only for reporting purposes of such show. Client is responsibile to ensure that all photographers present are aware of this condition and abide by it. The client agrees to be held liable for any breach of this condition. Any other usage must be negotiated at the time of the booking and we reserve the right to send an invoice for any additional use that has not been notified to the agent.
Test and experimental photography (including test photography)
A photographer is not permitted to use test and experimental photographs for commercial purposes or resale unless an agreement has been made in writing with the agency prior to the photographic session.
All other usage including but not limited to face book, you tube, twitter, blogs, or any other social network, including drawings adapted from the original entitled usage image, complete or in part which are outside the original permitted usage as set out above and as set out in the booking confirmation form will be charged at an additional rate.
That rate shall be negotiated and confirmed on the booking confirmation form in advance of usage.
It is the client's responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage, at the time of booking.
The agent reserves the right to send an invoice to the client for any additional use which is discovered after the time of booking, and of which the agent had not been notified in accordance with this clause
The photographer is not entitled to use any of the images he/she takes for any usage (apart from his/her personal portfolio) beyond that agreed. The photographer to this extent agrees to restrict use of his/her copyright and, if the model agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his/her agreement to them before the shoot commences. All rights not expressly granted in advance of booking and not contained in the booking confirmation form are reserved to the agency or model as appropriate.
The client acknowledges and agrees not withstanding anything in the booking confirmation form or these terms and conditions including but not limited to any grant of exclusivity over the usage of the images that the agency or model may use any of the images resulting from any booking in any form whatsoever, so as to and only to promote the model for future job opportunities. The model and agency acknowledge and agree not to use the images in any way for commercial purposes other than as set out in the terms and conditions.
Standard fees (excepting equity contracts)
A supplement of 20% is charged by the agency on all fees including but not limited to daily, hourly, fees otherwise negotiated fees
And overtime fees, additional rights of use fees. The agency fee and model fee will be invoiced jointly to the client.
The model disbursement to be 62.5% and the agent fee to be 37.5% of the total invoice. Additional fees and v.A.T at the standard applied rate are added as appropriate. Equity contracts (tv commercial fees)
The fee negotiated will be the models fee from which an agency commission of 25% will be deducted of the invoice total. V.A.T and additional expenses will be added as appropriate.
Non equity (tv commercial fees)
Model disbursement and agency fee will be charged as standard fees above.
Music videos /promotional films
All fees are to negotiated on an individual basis. The fee will then apply plus an additional buy-out fee payable by the client.
Invoicing & payment
On all invoices, payment is required within 30 days of the date of invoice. In all cases the person booking the model is the client and will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. The agency reserves the right to invoice the 'ultimate client'. (e.G. Designer manufacturer or owner of product). If the client is booking for the ultimate client both the ultimate client and the client will be jointly and severally liable to settle all fees applicable. Fees are for the right to use one usage of the models image and are payable whether or not the right is exercised.
Without prejudice to any rights or remedies to the agency. All outstanding payments owed to the agency not paid in full within 30 days of the invoice date will incur interest at the rate of 4 percent monthly (4%) on the full amount by seperate invoice dated from the 31st day. This will continue until such time payment is made and is payable both before and after any possible judgement.
Unless otherwise specifically agreed on the booking confirmation form the model is supplied to the client on a non-exclusive basis.
A special fee will be negotiated when the work is for a company/product/brand or territory which precludes the model or models image/service supplied from working for competing/similar products.
It is the client's responsibility to check whether conflicting work has been done. If a model advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking.
If a booking is cancelled within three working days of the starting time the full fee will be charged, unless the same model is rebooked within 24 hours, in which case 50% of the fee is charged.
If a booking is cancelled outside the three-day period but within five working days of the starting time, 50% of the fee will be charged.
If a booking is cancelled outside the five-day period, 25% of the fee will be charged.
For trips and long bookings of longer than three days duration if the booking is cancelled within a period equal to the length of the booking or less than the length of the booking. The full fee is charged. (for the purpose of determining notice period saturdays sundays and bank holidays are not included.
If a booking is cancelled because of illness or some other reason beyond the model's or agent's control neither the agency nor the model will be liable for any cancellation charges or associated costs to the booking. The agency will be entitled to cancel a booking for any reason prior to the booking date without liability to the client.
The agency will take all reasonable steps to provide notice to the client should such event occur and will offer a substitute whenever possible.
Neither the agency nor the model shall be liable for any cancellation charges. It is the clients responsibility to take the necessary insurance cover to protect against any such cancellation event and any associated costs to the booking.
Weather permitting bookings
This must be made clear at the time of booking. At the first cancellation, 50% of the fee is charged unless the client fails to cancel in time to prevent the model's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
Travel is charged at 50% of the hourly rate and applies to travel outside a 5-mile radius of hyde park corner.
Mixed agency bookings
In the event that models from another agency are working on the same assignment and providing the same services as models from supa model management (but at a higher rate) then supa model management reserves the right to charge at the same rate.
All matters relating to the use of the model’s image, any other services supplied by the model and all fees must be negotiated and agreed with the agent. If the client or photographer or any other person connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything, that is not binding on the model or agent unless and until it is agreed by the agent in writing.
The client will ensure that throughout the continuance of these terms and conditions that he and or the ultimate client if necessary maintain insurance policies which provide adequate cover to cover all liabilities and risks of the client that may arise from these terms and conditions. Including but not limited to :
Travel insurance whilst travelling to and from the location of services
Insurance to protect the model and agency should any damage, injury or loss be caused whilst the model is providing services
Cancellation for what ever reason and any potential liabilities that may arise form such cancellation
Damage to clients reputation or any consequential loss or special, direct or indirect loss
The client to maintain adequate insurance cover to underwrite its obligations to the model including but not limited to any future loss of earnings the agent is not responsible if the model fails to attend the booking. The client is advised to insure against any loss that might result if the model does not keep a booking because of ill health or some other reason.
Health and safety
The client is responsible for the models health and safety and wellbeing when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client agrees at all times to comply with all necessary health and safety regulations, codes and all relevant health and safety standards as required by law and will not at any time request the model to engage in any dangerous activity.
The client agrees to indemnify the agency at all times against any costs expenses direct or otherwise incurred by the agency in connection with any claim bought by a third party against the agency arising out of any breach of these terms and conditions or in connection with any act or omission by the client that may cause the agency to be in breach of its obligations to a third party (for example: exclusion agreements) and to indemnify the agency against any breach by the client of all applicable regulations and laws
Notwithstanding the above the agent’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, of the agent under these terms and conditions shall be limited to the price paid under the agreement between the client and the agent.
Any cause for complaint should be reported to the agency when it arises. Complaints cannot be considered in retrospect. The agency cannot be held responsible for a model's conduct nor for any costs incurred by a model's lateness or non-appearance at an assignment.
The agency shall be liable to the client for any delay in performance or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control, and which is unknown or cannot reasonably be anticipated by the agency.
All fees are to be negotiated only with supa model management ltd
Supa model management ltd reserves the right to negotiate within the structure of these terms and conditions.
These terms and conditions are without prejudice to any claim against the client.
For the purpose of relationship between the client and the agency the client and accepts and agrees the agency is the supplier of services which are strictly and exclusively governed by these terms and conditions. And that these terms and conditions apply to all relationships between the client and the agency.
All representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are given jointly and severally
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.
The booking confirmation form forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions.
In the event of any conflict between these terms and conditions and the booking confirmation form these terms and conditions will prevail.
In the event of any one of these terms and conditions or provisions within them being found or determined invalid or unenforceable by any valid authority of law such term will be severed from the remaining terms which shall continue to be valid as permitted by law.
The client is not permitted to assign, transfer, charge or make over any of its rights or obligations under these terms and conditions without the prior written consent of the agent.
All fees are to be negotiated only with the agent. The client nor anyone on their behalf, must not seek or attempt to enter into direct negotiations or contractual terms with the model. All agreements involving the models services must at all times be entered into, in writing, with the agency.
No variation of these terms shall be valid or binding on the agency unless in writing and signed by an authorised representative of the agency.
These terms and conditions for booking and all other matters connected with the bookings are governed by english law and any dispute will be settled in accordance with that law by a court in england.