1. 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.
2. Daily/Hourly Rate
Booking fees are charged by the day or by the hour. Extra half
hours or parts of half hours shall be paid at the half hourly
rate. Equity contracts excluded, the day booking is for an 8
hour period including a 1 hour lunch break. Unless otherwise
agreed the minimum booking is for 2 hours.
3. Overtime
Overtime rates apply before 08.00 hours, after 18.00 hours and
all bookings over eight hours.
a. Overtime between 18.00 hours and 24.00 hours will be charged
at one and a half times the normal hourly rate.
b. Between 24.00 hours and 09.00 hours the rate is to be negotiated.
c. Work on Saturdays is at one and a half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.
e. Overtime between 0900 and 1800 hours will be charged at the
normal hourly rate.
4. Travel
Travel will be charged at half the hourly rate. This applies to
travel outside a ten mile radius of Charing Cross.
5. Fittings
Fees for the fittings are charged at half the hourly rate with
the minimum of £20 per hour.
6. Additional fees.
To be agreed at the time of booking
All fees are to be negotiated with Kids Plus.
7a. Usage
Additional fees are payable for the right to use the photographs
(or reproductions, or adaptations of, or drawing there-from,
either complete or in part, alone or in conjunction with any
wording or drawings, including electronic imaging) for all known
or anticipated purposes other than the 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 booking, in the UK only, for the purpose
of purposes agreed.
7b. Territory
Additional fees are also payable for the right to use the photographs
(or reproductions, or adaptations of, or drawing there-from,
either complete or in part, or alone, or in conjunction with
any wording or drawings: including electronic imaging) for all
known or anticipated territories other than the UK. In general
the addition fees cover the right to use one image for one year
from the date of the booking, in the territory or territories
agreed.
8a. Additional Usage
It is the client's responsibility to notify The Agency and negotiate
additional fees (including extensions of existing agreements)
for any usage which may be required or anticipated subsequent
to the time of booking as per 7a above.
8b. Additional Territory
It is the client's responsibility to notify the Agency and negotiate
additional fees (including extensions of existing agreements)
for any territory which may be required or anticipated subsequent
to the time of booking as per 7b above.
Agency fees.
9. Equity Contact TV Commercials
The fee negotiated by The Agency is the artist's fee from which
agency commission will be deducted from the invoice total. VAT
and agreed expenses will be added where appropriate.
10. Payment Terms
On all invoices payment is required within 30 days of the date
of the invoice. In all cases the person booking the model will
be invoiced and solely responsible for payment, unless otherwise
agreed at the time of the booking. We reserve the right to invoice
the 'ultimate client' (i.e. designer/manufacturer/owner of the
product in question). All fees are for the right to use pictures
and, once agreed, are payable whether or not the use is appropriated.
We reserve the right to add interest at the rate of 3% over the
base rate, per month, to overdue accounts without prejudice to
our right of recovery.
Photographs may not be used until all fees are paid in full.
11. Exclusion Fees
A special fee will be negotiated when the work is in conjunction
with a product which precludes work for competing 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.
12. Provisional Bookings
Provisional bookings will be automatically cancelled if a definite
booking is offered and the provisional cannot be confirmed.
13. Cancellation
If a booking is cancelled within one working day of the starting
time the full fee will be charged . However if a booking is cancelled
due to illness or reason beyond the models' or Agency's' control
(and upon the production of the appropriate evidence) the model
shall not be liable for cancellation charges.
14. Meals
Clients are responsible for models' meals on all bookings outside
the London area
15. Videos
All fees will be invoiced to the record company or ultimate client.
For all Videos the normal daily rates will apply PLUS a buy out
to be negotiated.
16. Test and Experimental Photography.
A photographer is not entitled to use test and experimental photographs
for commercial purposes unless specific arrangements have been
made before the photographic session.
17. Copyright
The Photographer is not entitled to use any of the images he takes
for any usage beyond that agreed under sections 1, 7 and 8 above.
The photographer to this extent agrees to restrict use of his
copyright and, if the model 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.
18. Insurance
The client is responsible for the model's health and safety 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 will maintain adequate insurance cover
to underwrite its obligations to the model.
The agent is not responsible if the model fails to attend the
booking. It is the client's responsibility to arrange insurance
if indemnity is required against a model's inability to attend
through sickness or unforeseen circumstances.
19. Complaints
Any cause for complaint should be reported to the agency when it
arises. Complaints cannot be considered in retrospect.
21. Jurisdiction
These terms and conditions for booking and all other matters connected
with the booking, are governed by English law and any dispute
will be settled in accordance with that law by a court in England.
We reserve the right to negotiate within the structure of these
terms and conditions. |