Client Terms and Conditions
- 1. As required by Department of Employment regulations, FRESH AGENTS booking form containing the terms of the booking.
BOOKING FEES
- 2. 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.
- 3. Daily / Hourly Rate: Booking fees are charged by the day or by the hour (minimum 2 hour booking)
- 4. Overtime: Overtime rates apply before 9am, after 6pm on all bookings over eight hours.
- a)The overtime rate is one and half times the normal rate between 6pm and midnight.
- b)A special is negotiated for night work between midnight and 9am.
- 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.
- 5. Travel: Will be charged at half the hourly rate; this applies to travel outside a 5mile radius of models base
- 6. Fittings: Fees for fitting are charged at half the hourly rate with the minimum of £40 per hour.
- 7. Location Bookings: If a model on location is prevented from returning to their base to work - half the daily fee is to be paid (NB: when a location booking is made the client must provide information about transport there and back).
ADDITIONAL FEES
To be agreed at the time of initial enquiry- 8a. 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: including electronic imaging) 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 alone for the purposes or purposes agreed.
- 8b. Territory: Additional fees are also 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: including electronic imaging) for all known or anticipated territories other than the UK. IN general the additional fees cover the right to use one image for one year from the date of the booking in the territory / or territories agreed.
- To be agreed after the time of booking
- 9a. Usage: It is the clients 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 bookings as per 8a above.
- 9b. Territory: It is the clients responsibility to notify the agent 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 8b above.
AGENCY FEES
- 10a. All bookings expect Equity Contract TV commercials: the agency charges the client a supplement fee of 20% on all hourly, daily and usage fees. Both agency fee and models fees will be invoiced by the agent. Unless agreed at the time of booking the model disbursement is included at 66.66% and the agent's fee at 33.33% of the invoice total. Any agreed expenses and VAT will be added where appropriate.
- 10b. Equity Contract TV commercials: the fee negotiated by the agent is the artists fee from which the agency commission will be deducted at 20% of the invoice total. Any agreed expenses will be added where appropriate.
- 11. Invoices: On all invoices payment is required within 30 days of invoice in all cases the person booking the model will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. We reserve the right to invoice the 'ultimate client' (ie: designer / manufacture / 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.
- 12. 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.
PROVISIONAL BOOKINGS
- 13. Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if a definate booking is offered and the provisional cannot be confirmed.
CANCELLATIONS
- 14. If a booking is cancelled within one working day within the starting time the full fee will be charged unless the same model is rebooked within 24 hours in which case half the fee will be charged.
- If a booking is cancelled outside the one day period but within two working days of the start time then half the fee will be charged. However, if a booking is cancelled because of illness or some other reason beyond the models or agents control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges.
- 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 calculation.
- This is a reciprocal arrangement between model and client.
- 15. Weather Permitting Bookings: At the first cancellation, a half fee is charged unless the client fails to cancel in the time to prevent the models attendance, when the full fee is payable. At the second cancellation the full fee is charged.
MEALS
- 16. Clients are responsible for models' meals on all bookings outside a 5 mile radius of the models base.
FASHION SHOWS
- 17. Catwalk bookings give the right to make use of a models services on the catwalk for the specified show and the right to allow photographer's 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. It is the client's responsibility to ensure that all photographers present are aware of this condition and abide by it. Any other usage must be negotiated at the time of the booking.
VIDEOS
- 18. Negotiated fees will usually include a shoot fee and a buyout. Fees will be invoiced direct to the record company.
TESTS AND EXPERIMENTAL PHOTOGRPAHY AND TV COMMERCIALS
- 19. A photographer or client is not entitled to use test and / or experimental photography for test commercials for commercial purposes unless specific arrangements have been made with the model agents prior to the test.
COPYRIGHT
- 20. 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 2, 8 , 9 17 and 18 above. The photographer / client to this extent agrees 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 -23) to the attention of the photographer and obtain his agreement to them before the shoot commences.
INSURANCE
- 21. The client is responsible for the models' health and safety when the model is travelling, or providing the services in conjunction 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. The client is advised to insure against any losses, which might result if the model does not keep a booking because of ill health or some other reason.
JURISDICTION
- 22. These Terms and Conditions for booking and all other matters connected with booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.
COMPLAINTS
- 23. Any cause for complaint should be reported back to the agent within a period of 24 hours following the completion of the job or in direct response following communication from the agent to the client requesting feedback. Complaints cannot be considered in retrospect.
PLEASE NOTE:
- As the supplier of services these Terms and Conditions take precedence over Terms and Conditions which may be received from the client even if those Terms and Conditions have a clause similar to this.
- All fees are to be negotiated only with FRESH AGENTS.
Photographs may not be used until all fees are paid in full
Whilst every endeavour is made to provide satisfactory and efficient services to our clients we cannot be held responsible for a models client on an assignment.
We reserve the right to negotiate within the structure of these Terms and Conditions.