Terms and
conditions for booking models through AMA members. Issued by the
association of model agents. Conditions et termes pour l'emploi de
mannequins par l'intermediaire des membres AMA. Issue par l'association
des agents de mannequins.
1.
Terms and conditions
As required by department of employment
regulations Premier Model Management's Booking
Confirmation Form containing the terms of the booking must be signed and
returned by the client.
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 United Kingdom. only, for the initial permitted
use.
3.
Daily/hourly rate
Booking fees are charged by the day or by the hour, or on some other basis, for example, a set fee for a catwalk show. All travel and rest days will be charged at 1/2 day rate.
4.
Overtime
Overtime rates apply before 9am, after 6pm and on all bookings over 8 hours. [a] work on Saturdays and between 1800 hours and 2400 hours on normal working days is at one and a half times the normal rate. [b] a special rate is negotiated for night work between 2400 hours and 0900 hours. [c] work on Sundays & bank holidays is at double the normal rate.
The above does not apply to TV commercial shoots. Overtime on TVC's will be charged at standard Equity rates after 10 hrs day.
5.
Travel
Will be
charged at half the hourly rate: this applies to travel outside a five
mile radius of Hyde park corner [i.e. Chiswick in the west,
golders
green and highgate village in the north, mile end in the east,
streatham hill and tooting bec in the south].
6.
Fitting fees
Fitting
fees are charged at half the hourly rate with a minimum of ã50 per hour.
6a. Additional
Expenses
All expenses incurred by Premier on the clients behalf
will be subject to a 12.5% surcharge
7.
Location bookings
When a
location booking is made, a client must provide transport there and back
unless agreed otherwise. If a model on location is prevented from
returning to London to work, half the daily fee is to be paid.
8a. Additional fees
To be
agreed at the time of the booking or before any additional usage. The
agent reserves the right not to negotiate in relation to any additional
usage other than that agreed at the time of the booking.
8b. Usage
Additional fees are
payable for the right to use the model's image [or reproductions, or
adaptations of, or drawings derived from that image, or
any other
representation of it, either complete or in part whether alone or in
conjunction with any wording or other images, photographs, drawings or
material of any other nature including electronic imaging] for all known
or
anticipated purposes other than the initial permitted use [e.g.
Packs, posters, showcards, record covers, swing tickets etc]. Unless
otherwise
agreed the additional fees cover the right to use one image
for one year from the date of booking, in the United Kingdom. only, for
the purpose or purposes agreed. Under no circumstances will each usage fee
be less than the model's advertising day rate.
8c.
Territory
Additional
fees are also payable for the right to use the model's image [or
reproductions etc. As set out in 8b above] for all known or anticipated
territories other than the United Kingdom.. Unless otherwise agreed the
additional fees cover the right to use one image for one year from the
date of booking, in the territory or territories agreed. Under no
circumstances will each usage fee be less than the model's advertising day
rate.
8d. Other
services
Additional fees are also payable for other services
to be supplied by the model, for example, personal appearances for pr
purposes. Fees for such services will be negotiated on an individual
basis. Agency fees
8e.
Credits
Please credit "name of model" @ Premier, wherever a credit
may be applied.
9a.
All bookings excepting equity contract TV
commercials
The agency
charges a supplement of 20% on all hourly, daily and overtime fees and all
fees for the right to use and all fees negotiated for any other service to
be supplied by the model. Both agency fees and model fees will be invoiced
by the agent. Unless otherwise agreed at the time of booking the model
disbursement is included at 66.7% and the agent's fee at 33.3% of the
invoice total. Vat and any agreed expenses will be added where
appropriate.
9b. Equity contract
TV commercials
The fee negotiated by the agent is the
artist's fee from which agency commission will be deducted at 20% of the
invoice total. Vat and agreed
expenses will be added where
appropriate.
10.
Invoicing
On all
invoices payment is required within 30 days of date of invoice. In all
cases the person booking the model is the client who will be
invoiced
and solely responsible for payment, unless otherwise agreed in
writing at the time of booking. The agent reserves the right to invoice
the 'ultimate client' [i.e. designer / manufacturer / owner of the product
in question], for example this may be done if the client is booking on
behalf of the ultimate client in which case the client and the ultimate
client are jointly and severally liable to pay the invoice. All fees for
usage are for the right to use the model's image and, once agreed, are
payable whether or not the right is exercised. Unless the agent
specifically agrees otherwise, in writing, no usage for the model's image
is permitted until payment is made in full. The agency reserves the right
to alter payment terms if it deems appropriate prior to
booking.
11. Exclusion
fees
A special fee will be negotiated when the use of the
model's image or the service to be supplied by a model in relation to a
product is required on a basis which precludes supplying services or
allowing the use of the model's image for competing products. A model can
supply services to and allow use of the model's image by any competitor
unless an exclusion fee is negotiated. It is the client's responsibility
to check whether conflicting work has been done.
12. Provisional
bookings
Provisional bookings 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.
13.
Cancellations
If a
booking is cancelled within one working day of the starting time the full
booking fee will be charged unless the same model is booked within 24
hours in which case the half booking fee will be charged. - if a booking
is cancelled outside the one day period but within two working days of the
starting time then half the booking fee will be charged. - 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 calculations.
This is a reciprocal arrangement between model and
client.
14.
Weather permitting bookings
At the
first cancellation half the booking fee is charged unless the client fails
to cancel in time to prevent the model's attendance, when the
full
booking fee is payable. At the second cancellation, the full fee
is charged.
15.
Meals
Clients
are responsible for models' meals on all bookings outside the London area
[see 5]
16. 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 abide by it. If any
other usage is required that must be negotiated
at the time of the booking.
17.
Music videos
All fees
will be negotiated individually. Normally there will be a fee for the
shoot plus a buyout. If not booking direct the record company will
be
invoiced as the ultimate client (see 10).
18.
Test and experimental photography
A
photographer is not entitled to use test and / or experimental photographs
or test commercials for commercial purposes unless specific arrangements
have been made before the photographic session.
19.
Copyright
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, 16 and 18
above. The photographer / client to this extent agree 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.
20a.
Insurance
The client
is responsible for the model's 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 model's health and safety as if the model were an employee of the
client. The client will maintain adequate insurance cover to underwrite
its obligation to the model.
20b.
Insurance
The agent
is not responsible if the model fails to attend a booking. The client is
advised to insure against any losses which might be suffered if
the
model does not keep a booking because of ill health or some other
reason.
21.
Contract
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 only with
the agent, Premier Model Management. If the client
or the photographer or any other person on their behalf or 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 the agent unless and until it is agreed in writing by the
agent.
21b. Contract
These terms and conditions for booking and all matters connected with
the booking are governed by English law and any dispute will be settled in
accordance with that law either by a court in England or such other method
as might be agreed at the time of the dispute. Where the context requires
the singular includes the plural and he includes she.
22. Complaints
Any cause for
complaint should be reported when it arises. Complaints cannot be
considered in retrospect.
23.
Please note as the supplier of services these terms and conditions take
precedence over any terms and conditions which may be received from the
client even if those terms and conditions have a clause similar to this.
Photographs may not be used until all fees are paid in full. Whilst every
endeavor is made to provide satisfactory and efficient service to our
clients, as the agent we cannot be held responsible for a model's conduct
on any assignment. The agent reserves the right to negotiate within the
structure of these terms and
conditions.