Terms & Conditions
CLIENT TERMS AND CONDITIONS
Please read this before booking a model
In these Terms and Conditions the Agency means Models Plus Ltd,
And the Client means the person or Company named as such on the Booking confirmation.
1.1 These terms & conditions supersede any other or express agreement or arrangement and
Take precedence over any terms and conditions that may be received from the Client (even if those
Terms & conditions have a clause similar to this clause) unless otherwise agreed prior to the assignment. 1.2 These terms should be read in conjunction with the terms contained in the booking confirmation and invoice. The client undertakes to notify all interested third parties affected or potentially affected by these Terms and Conditions that they apply to the Assignment.
2.1 All models introduced by the Agency to a Client or to its Agent must be booked through the Agency, unless the model’s resignation from the Agency has been expressly notified to the Agency.
2.2It is a statutory requirement that a Booking Confirmation which contains the terms of the booking sent by the Agency to the Client must be signed and returned by the client and the client’s
Failure to do so may result in the booking being cancelled without notice.
2.3 Any amendments discrepancies or changes to the Booking Confirmation must be expressly notified to the Agency prior to the return of the signed Booking Confirmation.
2.4 Provisional bookings will be cancelled if they are not confirmed within 24 hours of the proposed
3.1 Shoot fees are charged either by the day (9.00 am – 6.00pm with 1 hour for lunch) or by the half day (four hours) or by the hour. The minimum booking period is 2 hours. Run on rates are on
The booking confirmation
3.1.2 All queries or issues regarding the booking must be raised with the agency within 48 working hours of completion of the booking.
3.2 Overtime Rates apply before 9.00 am and or after 6.00 pm. The overtime rate charged for work between 6.00 pm and midnight is one and a half times the normal rate. A special charge is charged
For night work between midnight and 9.00 am the following day. Saturdays are charged at one and a half times the normal rate. Sundays and Bank holidays are charged at double the normal rate.
Sundays and Bank Holidays are charged at double the normal rate.
3.3 USAGE FEES
Usage fees may be included in the shoot fees or may be itemised separately as specified on the booking confirmation. The Agency reserves the right at all times to charge additional usage fees 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 agreed use detailed on the booking confirmation.
Video/Commercials. Additional fees are payable for the right to use the footage in any way whatsoever other than the initial agreed usage detailed on the booking confirmation. Unless otherwise agreed, TV commercials usage will be charged as per the rate calculated on www.usefee.tv. It is the clients responsibility to notify Models Plus (including extensions of existing agreements) for any usage, which may be required. If additional fees are not agreed prior to extra usage being appropriated Models Plus reserve the right to charge the Client or ultimate client the fees it deems reasonable.
3.4 Exclusivity Fee
The agency charges an additional exclusivity fee where the Client requires that a model does not work for a client’s competitors(or another client) however the Agency does not warrant the exclusivity of a model’s use.
3.5 Mixed Agency Fees
The agency reserves the right to match third party agency fees, where models from another agency are doing similar work on an assignment.
3.6 Cancellation Fees.
If a booking is cancelled within three working days of 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 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% 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 & Bank holidays are excluded from these calculations.
3.7 Weather Permitting Booking
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 models
Attendance, then the full fee is payable. At the second cancellation the full fee is charged
3.8 Casting Fees
The agency reserves the right to charge a casting fee irrespective of whether the Client confirms a booking or contracts for an assignment.
Overruns notified to or by the Agency may be charged to the client at any time before or after the
assignment regardless of any prior agreement to the to the contrary.
3.10 Commission Charges
All agency commission charges charged in addition to any fees due to the agency are payable exclusively either by the client or by the person firm or company named in the invoice.
On all invoices payment is required within 30 days of the date of invoice. A 10% credit charge per month will be added to all invoices not settled within these payment terms.
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 case of non-payment by the person booking the model, Models Plus reserve the right to invoice the ‘’ultimate’’ client/designer/manufacturer/Company 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 Models Plus in full. All fees are for the right to use pictures or footage and, once agreed are payable whether or not the use is appropriated.
If fees are invoiced to a client with an address outside the UK, any bank charges charged by the clients bank outside the UK & Lloyds Bank in the UK, must be covered by the client. The full amount stated on the invoice must be credited to Models Plus bank account with no deductions for bank charges. VAT will be charged in accordance with value added TAX act 1994 or such statute from time applicable.
4 Model’s Expenses
Assignment Day Travel Rates
Travel or assignment Days will be charged at half the normal hourly rate for the duration of the journey time for all assignments outside a five mile radius of Hyde Park corner London.
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.
Meals, the client is responsible for models’ meals on bookings. In the event that a meal is not provided, a charge of £15 per meal per model will be invoiced.
5. Fashion Shows
Payment of the agreed fee includes the right to make use of a models’ services on the catwalk for the specified show and the right to use photographs and videos of the show for reporting purposes only. Any other usage must be negotiated at the time of booking.
6. Booking Children
Every Client is required by law to licence all children under 16 years for every assignment they are booked for. The client must be aware that is a valid licence is not in place the penalties can be a fine of up to £1000 and /or a prison sentence of up to 3 months. 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. There is a nominal administration fee to licence children of £30 per child, this will be added to the final invoice.
7. Use of Images
The client hereby undertakes to notify and enforce the provisions of this clause 7 to and against all persons directly or indirectly 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.
7.1 Third Party Use of Images
7.2 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.
7.3 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 & 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 job (including extension 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.
7.4 Photographers 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 as to
Restrict his use and the application of his intellectual property rights, and if the photographer is not the client, hereby undertakes to draw these terms & conditions to the attention of
the photographer, and is deemed to have obtained the photographers agreement (oral or express) to these terms & conditions, and in particular to this clause before the assignment commences.
7.5 Neither the client nor the photographer is entitled to use either test or experimental images for commercial purposes of any kind.
7.6 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.
The client is responsible for the models health & 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 obligation to the model.
Models Plus is not responsible for any losses which may be incurred if the models fails to attend, or is late for the booking. The client is advised to insure against any loss.
These Terms & Conditions for booking and all other matters connected with the booking are governed by the laws of England & Wales.
10.1 All fees to be negotiated only with Models Plus.
10.2 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 Models Plus in full.
10.3 Whilst every endeavour is made to provide a satisfactory & efficient service to clients, we cannot be held responsible for a models’ conduct on an assignment.
10.4 We reserve the right to negotiate within the structure of these terms and conditions.
10.5 These terms and conditions are without prejudice to any claim against the client.
10.6 Refunds may be offered at the discretion of the management.
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even if those terms & conditions have a similar clause to this.