Artists Terms and Conditions
However, no agreement shall exist between Artist and Agency between Assignments (save avoidance of doubt, nothing in these Terms shall render you an employee, agent or partner of the Company or the Client. This Assignment is not continuous with any previous period of work or Assignment for the Company with any other Client. You are engaged as a self-employed worker. No variation or alteration of these Terms shall be valid during the performance of any Assignment unless approved by both parties in writing. We reserve the right to vary the Terms of any Assignment without liability by prior notice in writing at any time prior to any Assignment.
Nothing in this Agreement shall render you an employee, agent or partner of the Company and the Applicant shall not hold itself out as such.
1a: I undertake to be available and will abide by the terms agreed between Agency and Client. Provided the engagement is one agreed in the ordinary course of my work, for which I have accepted to partake in and I am suitably available at the time of agreeing the booking.
1b: From time to time, I may notify the Agency of my non-ability for work, or of particular clients for whom I do not wish to work but once an offer has been accepted in respect of my services, I shall faithfully carry out all my obligations agreed to by myself at point of booking.
1c: In the event of my failure to carry out a booking according to these professional standards, I agree to abide by such Terms as may be re-negotiated between the Agency and the Client.
1d: I agree that should I fail to attend a booking once accepted by myself within 1 working day prior to the day of the actual booking, without reasonable explanation or notification (as deemed by the Agent) the Agency may deduct from monies outstanding to me at that point in time, their Agency fee for the booking, thereby covering the costs incurred by them, to place me, administer a replacement following my failure to attend or cover loss of income from the Client.
2a: I confirm that I am self-employed and therefore, all fees to me are paid gross of taxes and National Insurance. I hereby agree to indemnify them and keep them indemnified from and against all such liability and they shall be entitled to make deductions from any money due to me to meet any liability as aforesaid.
2b: I understand that it is my duty to register with HM Customs and Excise for Value Added Tax if my annual income exceeds the minimum required by the Inland Revenue, I shall supply my VAT number and VAT shall be added to all invoices which are issued on my behalf.
3: I acknowledge that, at my own expense I must keep available and in good Condition, a full range of clothes, accessories, make-up, etc., in accordance with reasonable requirements of the Clients.
4: If, following an assignment, I am paid cash, the full amount due from the Client. I acknowledge that this sum includes not only my fee but also the Agency’s fee and commission. I undertake to reimburse the Agency accordingly.
5a: I agree to provide at my own expense, such materials as are deemed necessary for the provision of Agency Services to the Client, including but not limited to portfolios, index cards, head sheets or show reels.
5b: I understand that should I cease to become available for engagements through the Agency for whatever reason, any expenses incurred on my behalf by either Agency or Clients, will immediately become due for reimbursement and that my Agency (whether in the UK or abroad) shall be entitled to deduct from my new account agreed expenses that may be due, as soon as possible.
6a: All bookings, except Equity Contract TV Commercials: The Agency charges the Client a supplement fee of 20% on an hourly, daily and usage fees. Unless agreed at the time of booking, the model’s disbursement is included at 80% of the invoice total. VAT and any agreed expenses will be added where appropriate.
6b: 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.
7: I understand that, during the period of agreement and thereafter in perpetuity, all fees arising from contracts, including renewed and/or negotiated contracts originally arranged by the Agency between the Client and myself, shall continue to be receivable by the Agency, who will pay my fees in accordance with the terms above.
8: I understand that, when received by you, my fees will be paid into the Agency’s Client account and all monies due to be remitted, shall be immediate. I acknowledge that your payment terms to your Clients are 28 days
9: I acknowledge that, whilst potential clients are believed to be reputable and credit worthy, the Agency does not guarantee and is not responsible for the payment of fees and expenses in relation to such engagements. I further agree that the Agency shall not be liable to me should any engagement prove unsatisfactory in any respect.
I0: I hereby authorize the Agency to sign any written documents relating to the above. I Confirm that I will not sign any documents relating to bookings from Clients without first consulting my Agent (Relating to LA Management Clients and bookings only).
11: I confirm that I have read, understood and will abide by the above requirements.
Client Terms and Conditions
1: As required by the Department of Employment Regulations. LA Managements’ booking form contains 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, for the initial Permitted Use.
3: Daily/Hourly Rate: Booking fees are charged by the day or by the hour (minimum 1 hour booking).
4: Overtime: Overtime rates apply before 9am, after 6pm on all bookings over eight hours.
4a: The overtime rate is one and half times the normal rate between 6pm and midnight.
4b: A special is negotiated for night work between midnight and 9am.
4c: Work on Saturdays is at one and half times the normal rate.
4d: 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 5 mile radius of Models base.
6: Fittings: Fees for fitting are charged at half the hourly rate, with the minimum of £50 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:
8: Usage: Additional fees are payable for the right to use the photographs (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 for purposes agreed.
To be agreed after the time of booking:
9: 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.
AGENCY FEES
10: All bookings except 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 Fee will be invoiced by the Agency. Unless agreed at the time of booking, the model disbursement is included at 80% of the invoice total, Any agreed expenses and VAT will be added, where applicable.
11: Invoices: Payment is required within 28 days of the invoice, in all cases, the person booking the model will be invoiced and is solely responsible for payment, unless otherwise agreed at the time of 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 appropriate.
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 had 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 definite 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.
14a: 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.
14b: 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.
14c: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, then 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 8a. 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 mustbe negotiated at the time of the booking.
VIDEOS
18: Negotiated fees will usually include shoot fee and a buyout. Fees will be invoiced direct to the record company.
TESTS AND EXPERIMENTAL PHOTOGRAPHY PLUS TV COMMERCIALS
19: A Photographer or Client is not entitled to use, test and/or experimental photography for test commercial purposes, unless specific arrangements have been made with the Model Agents prior to the test.
COPYRIGHT
20: The Photographer and/or the Client or 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 or 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.
21a: 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 bookings 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
24: 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.
25: All fees are to be negotiated only with LA Management. Photographs may not be used until all fees are paid in full. Whilst every endeavor 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.