Terms and Conditions for Clients of Fresh Agents Ltd
TERMS AND CONDITIONS FOR CLIENTS
All clients should read and understand the following before booking a model.
For the purpose of this agreement, the following industry abbreviations will apply:
‘Agency’ means Fresh Agents Limited
‘Model’ covers anyone we represent, actor, child, family, creative
‘Booking’ means any job or assignments including but not limited to photographic, commercials, video, film, TV production, events on which a person has been booked by Fresh Agents
‘Client’ means the person or comply named on the booking confirmation for whom Fresh Agents has agreed to provide models.
Fresh Agents is a registered employment agency providing agency services to models who are engages on a self-employed basis.
Any model introduced to a client by Fresh Agents may only be booked through Fresh Agents and may not be contacted directly by the client. Fresh Agents reserves the right to invoice the client any fees to cover all losses incurred in the event of this. If contact details are given to discuss logistics prior to a booking, the client must discard these after the booking has been completed.
The Fresh Agents booking confirmation containing the terms for the booking must be signed and returned by the client prior to the booking date. Failure to comply with this may result in the booking being cancelled without notice.
1. All fees are based on the following (including breaks)
Full day (8 hours)
Half day (4 hours)
Minimum booking (2 hours)
This is unless different hours are agreed at the time of booking.
2. The booking will be charged from the time specified by the client for the models arrival and detailed on the booking confirmation. If the shoot runs over the agreed finish time, an overtime rate will apply.
3. Overtime is charged at time and a half (150%) of the hourly rate and will be worked out on a half hourly basis.
4. Both agency and model feed are included in the fees detailed on the booking confirmation and will be invoiced by Fresh Agents with VAT added, and agreed expenses will be added.
5. Unless already discussed, any model driving to a booking will charge 0.45ppm for travel.
6. Non Assignment Day Travel Rates - travel on any days preceding or succeeding the Assignment day will be charged at one half of the normal daily rate for a whole or part of a day of travel.
1. On all invoices, payment is required within 30 days of the date of invoice. A 10% interest charge per month will be added to all invoices not settled within these payment terms.
2. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the person booking the model, Fresh Agents reserves the right to invoice the 'ultimate client' (i.e. designer/manufacturer/owner of the product in question). The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to Fresh Agents in full.
3. All fees are for the right to use pictures or footage and, once agreed, are payable whether or not the use is appropriated.
4. If fees are invoiced to a client with an address outside the UK, any bank charges charged by the clients bank outside the UK and Fresh Agents bank in the UK must be covered by the client. The full amount stated on the invoice must be credited to the Fresh Agents bank account with no deductions for bank charges.
USE OF IMAGES
The client hereby undertakes to notify and enforce the provisions of this clause to and against all persons directly or indirectly participating in an Assignment.
1. Unauthorised Use of Images
The Agency is not liable to the client or the person named in the Booking Confirmation or any other person for any costs claims or proceedings which may arise from any unauthorised use of any image and the client or person named aforesaid acknowledges and warrants to the Agency the lawful proper and authorised use of any image.
2. Third Party Use of Images
All persons (incorporated or otherwise) who participate in an Assignment (directly or indirectly) acquire no implied or express rights to use any image in any form or for any purpose whatsoever and any use of any image must be with the express consent of the Agency save that an image may be stored in a portfolio and may only be used for strictly limited non-exploitative and non-commercial purposes.
3. Authorised Use of Images
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. Photographer’s Use of Images
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. Neither the Client nor the photographer is entitled to use either test or experimental images for commercial purposes of any kind.
6. 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.
A special fee will be negotiated when the booking 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.
Any cause for complaint should be reported to Fresh Agents when it arises. Complaints cannot be considered in retrospect. Refunds may only be offered at the discretion of the management.
Provisional bookings, also known as options or pencils, will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if a definite booking is offered and the provisional cannot be confirmed.
If a booking is cancelled within three working days of the starting time, the full fee will be charged unless the same model is re-booked within 24 hours in which case half the fee will be 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; if the booking is cancelled within a period equal to the length of the booking, if longer than three days, then the full fee will be charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations.
Weather permitting 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 model's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
CASTING, FITTING & REHEARSAL FEES
Fresh Agents reserves the right to charge casting, fitting and rehearsal fees irrespective of whether the model is confirmed for the booking.
Clients are responsible for models' meals on bookings. In the event that a meal is not provided, a charge of £10 per meal per model will be invoiced.
Every client is required, by law, to licence all children under 16yrs for every job they are booked for. The client should be aware that if a valid licence is not in place the penalties can be a fine of up to £1000. Children without a licence in place are not insured or protected and therefore if an accident occurred the full responsibility would lie with the client. Fresh Agents is able to organise the performance licenses with the relative councils, there is a nominal administration fee to licence children of £25 per child per day which will be added to the final invoice.
The client is responsible for the models 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.
Fresh Agents is not responsible for any losses which may be incurred if the model fails to attend or is late to the booking. The client is advised to insure against any loss which might result due to this.
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.
1. All fees are to be negotiated only with Fresh Agents.
2. It is not permitted for any person or company to use photographs or footage for any purpose whatsoever until all fees have been paid to Fresh Agents in full.
3. Whilst every endeavour is made to provide a satisfactory and efficient service to clients we cannot be held responsible for a model's conduct on an assignment.
4. We reserve the right to negotiate within the structure of these terms and conditions.
5. These terms and conditions are without prejudice to any claim against the client.
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.