 |
Terms & Conditions
1. As required by Department of Employment regulations,
Free your future booking form containing the terms of the booking
must be signed and returned by the client.
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
8(a). 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.
8(b) 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
9(a) 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.
9(b) 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
10(a) 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 fees will be invoiced
by the agent. Unless agreed at the time of booking the model disbursement
is included at 69% and the agent's fee at 30% of the invoice total.
Any agreed expenses will be added where appropriate.
10(b) Equity Contract TV commercials: the fee negotiated
by the agent is the artists fee from which the agency commission
will be deducted at 30% of the invoice total. Any agreed expenses
will be added where appropriate.
11. 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'
(i.e.: 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 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.
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 PHOTOGRAPHY 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 traveling, 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 when it arises.
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 Free Your Future Modelling
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 model’s
client on an assignment.
We reserve the right to negotiate within the structure of these
Terms and Conditions.
Back
to Home Page
|
|
