In the following terms and conditions of business the following definitions apply:
The Agent:
ModelZed Promotions
The Client:
Any company, firm or person engaging the services of The Company to provide modelling or promotions services
The Model:
Any person supplied to the client in order to provide photographic, promotional or other such duties to the Client as agreed at the time of booking
The Booking (or Assignment): Any assignment requiring the services of The Model.
1. CONFIRMATION
No job shall commence until the agency receives confirmation of your agreement via email to the booking details and the terms and conditions.
2. PAYMENT
New Clients - We require a 50% booking deposit from all new clients. Payment may be requested in advance for travel/accommodation expenses. Balance of payment is required within 30 days of invoice.
Existing Clients - Payment is required within 30 days of invoice.
TRAVEL
Travel will be charged at 35p per mile, if location is in excess of 10 miles from models home location.
3. FULL & HALF DAY RATES
Our half day rate covers 0-4hrs; our full day rate covers up to 8hrs. Overtime is charged after 8hrs and is agreed between the agency and client.
OVERTIME
Overtime rates apply before 9 am, after 6 pm and on all bookings over eight hours.
(a) The overtime rate is one-and-a-half times the daily rate between 18.00 and 24.00 hours
(b) A special rate is negotiated for night work between 24.00 and 09.00 hours
(c) Work on Sundays and Bank Holidays is at one-and -a-half times the normal rate
4. PROVISIONAL BOOKINGS
Provisional bookings will automatically be cancelled if they are not confirmed within 48 hours of the proposed booking or if a definite booking is offered and the provisional booking cannot be confirmed.
5. CANCELLATION FEE’S
(a) If a booking is cancelled within three working days of the starting time the full fee will be charged.
(b) If a booking is cancelled outside of the three day period but within five working days of the starting time, 50% of the fee will be charged.
ADDITIONAL FEES - To be agreed at the time of the booking
PERMITTED USE
In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
USAGE
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated purposes other than the initial Permitted Use. (e.g. packs, posters, show cards, record covers, swing tickets etc.) In general the additional fees cover the right to use one image for one year from the date of the booking, in the UK only, for the purpose or purposes agreed.
6. EXCLUSION FEES
A special fee will be negotiated when the work is in conjunction with a product which excludes work for competing products. It is the CLIENT'S responsibility to check whether conflicting work has been done. If an artist advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
7. TEST AND EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to use experimental photographs for commercial purposes unless specific arrangements have been made in writing with the agency prior to the photographic session.
8. COPYRIGHT
The photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections above. The photographer to this extent agrees to restrict use of his copyright and if the artist agency client is not a photographer, the client is to draw these Terms & Conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
9. 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.
10 . WEATHER PERMITTED BOOKINGS
If a booking is ‘weather permitting’ this must be made clear at the time of booking. At the first cancellation, half the fee is charged unless the client fails to cancel in time to prevent the models attendance, in this situation the full fee is payable. At the second cancellation the full fee is charged.
11. INSURANCE
(a) It is the client’s responsibility to carry out a risk assessment of the location equipment and the work conditions. Any risk to Health and Safety known to the client must be discussed with the model’s agent at the time of the booking. The client is responsible for the models’ safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the models’ health and safety as if the model were an employee of the client. The client will maintain adequate cover to underwrite its obligations to the model.
(b) The agent is not responsible if the model fails to attend any booking. The client is advised to insure against any losses which might be suffered if the model does not keep a booking due to ill health or any other unforeseen circumstance.
12. FINANCIAL
The client agrees to keep all financial issues strictly confidential and agrees to only discuss rates with the Company.
13. MEAL ALLOWANCE
The client is responsible for providing a meal and for models on all full day bookings.
14. DISSATISFACTION PROCEDURE
(a) In the event that the Client is not satisfied with the Personnel provided by the Agency, the Client must notify the Agency within the first 3 hours of the event starting.
(b) If the Client does not so notify the Agency, the Client shall be deemed to have accepted the Personnel and the Agency will accept no liability in respect thereof and the Client shall not be entitled to reject the Personnel or claim a discount.
15. COMPLAINTS
Any cause for complaint should be reported to the agency when it arises. Complaints cannot be considered in retrospect.
16. RESTRICTIONS ON DIRECT ENGAGEMENT OF THE AGENCIES STAFF
The Client agrees not to directly employ the Agencies Staff within 12 months of the last day of the booking. If the Client does employ or engage the Personnel, the Client will be liable to pay the Agency a commission at its then current rates.
Click here to download a printable copy of the Terms & Conditions.
Please Sign & Date the Terms & Conditions and return it to:
ModelZed Promotions, PO BOX 8411, Leicester. LE7 1XD
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