BOOKING
MODELS THROPUGH AMA MEMBERS
TERMS AND
CONDITIONS FOR CLIENTS
(ISSUED BY THE AMA)
As
required by Department of Employment regulations, Take 2 Model Management’s
booking form containing the terms of the booking must be signed and returned by
the client.
BOOKING
FEES
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.
DAILY/HOURLY RATE: Booking fees are charged by the day or by the hour.
OVERTIME: Overtime rates apply before 9am, after 6pm on all bookings over eight
hours. a) The overtime rate is one-and-a-half times the daily rate between 1800
and 2400 hours.
b) A special hourly rate is negotiated for night work between 2400 and 0900
hours.
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.
TRAVEL: 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).
FITTINGS: Fees for fitting are charged at half the hourly rate, with a minimum
fee of £ 50 ph.
LOCATION BOOKINGS: If a model on location is prevented from returning to London
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). All
expenses incurred by Take 2 on the client’s behalf will be subject to a 12.5%
surcharge.
ADDITIONAL
FEES
To
be arranged at the time of booking:
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 booking, in the UK alone, for the purpose or
purposes agreed.
TERRITORY: Additional fees are also payable for the right to use the
photographs (or reproductions, or adaptations of, 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:
USAGE: It is the client’s 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 booking as per
a) above.
TERRITORY: It is the client’s responsibility to notify the agent and negotiate
additional fees ~including extensions of existing agreements) for any usage
which may anticipated subsequent to the time of booking as per b) above.
AGENCY
FEES
a)
All bookings excepting equity contract TV commercials: The agent charges a
supplement of 20% on all hourly, daily and usage fees. Both agency fees and
model fees will be invoiced by the agent. Unless otherwise agreed at the time
of booking the model disembursement is included at 66.7% and the agent’s fee at
33.3% of the total invoice. VAT and any agreed expenses will be added where
appropriate.
b) 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 any agreed expenses will be added where appropriate.
On all invoices payment is required within 30 days of the date 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/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 appropriated.
EXCLUSION FEES: All fees 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
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
If
a booking is cancelled within one working day 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 one
day period but within two working days of the starting 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 production of the
appropriate evidence) the model shall not be liable for cancellation charges.
This is a reciprocal arrangement between model and client.
Weather permitting bookings: At the first cancellation, a half-fee is charged
unless the client fails to cancel in the time to prevent the model’s
attendance, when the full fee is payable. At the second cancellation the full
fee is charged.
MEALS
Clients
are responsible for model’s meals on all bookings outside the London area (see
‘Travel’)
FASHION
SHOWS
Payment
of the agreed fee confers the right to make use of a model’s services on the
catwalk for the specified show and the right to use photographs and video of
the show for REPORTING PURPOSES ONLY. Any other usage must be negotiated at the
time of booking. It is the clients’ responsibility to ensure that all
photographers present are aware of this condition and abide by it.
VIDEOS
All
fees will be invoiced to the record company. For all videos the normal daily
rate will apply PLUS a buy-out to be negotiated.
TEST
& EXPERIMENTAL PHOTOGRAPHY
A
photographer is not entitled to use test and experimental photographs for
commercial purposes unless specific have been made before the session.
COPYRIGHT
The
photographer is not entitled to use any of the images he/she takes for any
usage beyond that agreed under sections titled ‘Booking Fees - Permitted Use’
and ‘Additional Fees’. The photographer to this extent agrees to restrict use
of his copyright and, if the model agency’s client is not a photographer, the
client is to draw these terms and conditions to the attention of the
photographer and obtain his/her agreement to them before the shoot commences.
INSURANCE
The
client is responsible for the model’s 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 his 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
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 by a court in England.
COMPLAINTS
Any
cause for complaint should be reported when it arises. Complaints cannot be
considered in retrospect.
PLEASE
NOTE
The
above Terms and Conditions of Take 2 Model Management (the supplier of
services) take precedence over any terms and conditions which may be received
from the client even if these terms and conditions have a clause similar to
this.
All fees are to be negotiated only with Take 2 Model Management. The model’s
image may not be used until all fees are paid full. Whilst every endeavor is
made to provide satisfactory and efficient service to our clients we cannot be
held responsible for a model’s conduct on an assignment.
We reserve the right to negotiate within the structure of these terms and
conditions.
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