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About Us Details

Usage - Models & Talent

MODEL AND TALENT BOOKINGS

It is our recommendation that the following terms and conditions are completely understood before making a model booking. Our agencies standard practices for bookings are governed by the below booking terms.

 

Terms and Conditions

The information contained herein along with the information recorded on any combination of model voucher, booking confirmation and release shall form the agreement between the parties relating to each booking.

The failure to sign and/or return a voucher or booking confirmation form while proceeding with the booking will be deemed to be an acceptance by theclient of these Terms and Conditions and they shall apply to and

govern the booking between Book Management (hereinafter referred to as Agency), model and client. Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and

binding unless AGENCY has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been

included on the booking confirmation form. In the event of any inconsistency or contradiction between these Terms and Conditions and the booking confirmation form, these terms and conditions shall prevail. 

 

SUBJECT TO CONTRACT: This means until our standard booking agreement or other agreed contract has been signed, no agreement has been concluded.

 

1. Booking

 

1.1 Booking fees

Unless agreed otherwise and included on the booking confirmation form, booking fees provide an entitlement and right for the client to use the images only for the usage agreed upon and documented on the

booking confirmation, and for only that usage.

Please note that such permitted use and entitlement is strictly subject to payment in full of all fees owed to Agency prior to the image’s first use. 

Minimum time for all bookings is half a day, with reasonable exceptions. Booking fees are applicable for the model’s booking time.

Full day - 8 working hours, this includes hair and makeup prep time, where an hour is 60 minute period.( a full day is considered anywhere between 5-8 hour period.)

Half day - 4 working hours, this includes hair and makeup prep time . (can also be considered 4 hours or less)

Minimum booking - 4 hours for stills, 4 hours for television and commercial

Past 15 minutes charged as half hour.

Past 12 midnight to 6am - charged as double

Meal break - 30 minute minimum (client is responsible for the model’s meals on full day bookings and outside the city).

 

1.2 Permitted Use:

In general, cover the right to publish one image for a determined period of time, to begin no later than four (4) months from the date of booking, in Canada only.Bookings are charged by the day, half day or by the

hour. Day rates must be specified at time of booking and cannot be changed after the model has arrived at the job. Full day rate must be paid even if entire time is not used. Payment of day / hourly rates do not

automatically grant usage rights to the client or photographer unless explicitly granted. 

 

1.3 Overtime:

Time and one half is charged before 9AM and after 6PM or after 8 consecutive hours, unless specific arrangements have been made with the manager. A special rate is negotiated for night work between midnight

and 9AM (usually double time).

·  Overtime is charged at one-and-a-half times the hourly rate.

·  Saturdays are charged at one-an-a-half times the hourly rate

·  Sundays or holidays are charged at two times the hourly rate. 

 

1.4 Usage

All images of the model are permitted to be used only for what is negotiated in the original discussions and agreements. Any further usage is NOT permitted, including farming out or trading to other companies or

people, or posting on personal websites, blogs etc unless previously agreed to and put in writing. Please note the models are NOT authorized to sign release forms without the agency having first approved them.

Any form signed by models that were not approved by the agency will not be valid. Outdoor Applications have a separate charge per year.

 

1.5.1. Fashion shows

Bookings for fashion shows and live events provide the client with 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 event on the basis that all such material (or reproductions etc. as set out in section 3 above) is exploited for reporting purposes only. The client is responsible for ensuring that all

photographers present are aware of this condition and the client will procure that they abide by these conditions. If any other usage is required it must be negotiated and agreed with the Agency at the time of the

booking. 

 

1.5.2 Fitting fees

Any time spent by the model for fittings is charged at half the applicable hourly rate with a minimum charge to the client of $50 per hour.

 

1.6 Additional expenses

All expenses incurred by AGENCY on the clients’ behalf will be charged to the client 

 

1.7 Rates

All model rates are negotiated separately, and apply to shooting time only. All other usage is to be negotiated beforehand with the agency, re - use for a period exceeding one year without authorization shall be billed automatically.

 

Model rates : rate varies depending on the experience of the models and or talent and the time in which they have been actively working in the industry.

 

Runway bookings  rate will be an addition of the practice, fitting and runway job.

 

Talent rates

are negotiable depending on the jobs and usage. Photographs taken for all bookings can only be used for the intended original usage confirmed at the confirmation of booking. Additional usage fees must be negotiated with the agency. No consumer products, packages, riser cards, posters, use of model’s name, electronic imaging, internet usage, hang tags, package inserts, billboards, display, point of purchase or national advertising will be permitted without checking and negotiating with the agency. For full details of usage calculations email us with your inquiries.

 

Make-Up & Hair Dressing

Considered as part of shooting time and will be billed at the hourly rate.

 

Travel Time

Travel time will be charged at half the model’s hourly rate. Whenever models are required to be at locations not easily accessible by public transport the client is responsible for traveling expenses incurred beyond public transport point such as car service and taxi etc.

 

First Option Bookings

If the client does not release or confirm the booking 48 hours in advance, the agency reserves the right to cancel the option. If our model took a day off from work or their "day" job to work your job, and then is no longer needed by you, The agreed rate must be paid in full as they are losing a day’s pay at work.

 

Weather Permit Bookings / Postponement

The weather permit - option must be stated at the time of the booking, postponement requires at least 24 hrs notice, otherwise a 50% charge will be made.

First postponement - no charge if job is rescheduled within 7 days.?Second postponement - half charge ?Third postponement - full charge ?All postponements will be charged at the full rate if the same model is not re - booked.

 

Restrictions On A Model

A special buyout charge will apply when the work is in connection with a product, which prevents the model to work for competing products. It’s the client’s responsibility to check product booking with us for conflicts.

 

Insurance

Clients are advised to provide insurance coverage for models working on locations both local and overseas.

 

Indemnity

The agency acts for and on behalf of the models and whist making every endeavor to provide a satisfactory and efficient service we cannot be held ultimately responsible for a model’s conduct on an assignment.

 

Model Releases:

Will not be valid without agency approval.

 

Complaints:

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

 

2. Location bookings

 

2.1 Transportation

When a location booking is made, the client must provide transport for the model both to the booking location and back again unless agreed otherwise. If the client fails to provide such transport then AGENCY shall be entitled to collect from the client the cost of the transport procured for the model.

 

2.2 Departure

If a model on location is prevented from departing the location according to schedule, half of the day rate will be charged to and payable by the client for each day that the model is unable to depart the location.

 

2.3 Safety

The client acknowledges that at all times the model’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are provided. It is the responsibility of the client that the model is not placed in harm’s way. 

 

3. Usage and Associated Fees

Payment of a model’s day rate does not grant usage rights to the client or photographer. Usage is to be documented on the booking confirmation and/or release and agreed by client and AGENCY.

 

3.1 Usage

In addition to the day rate, fees are payable for the right to use the model's image or reproductions, likeness 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 anticipated purposes (collectively, “Model’s Image”) , in any form of media. The details of usage and associated

rates shall be agreed and documented in the booking confirmation. Modifications, extensions and renewals of any Usage, in perpetuity, require the express consent of and agreement by AGENCY.

 

3.2 Additional Services

Additional fees are payable for additional services outside the scope of the booking confirmation that are provided by the Model. Fees for such service like appearances at events, will be negotiated on a case by

case basis between the client and AGENCY. 

All invoices are to be paid within 30 days of the models job or receiving our invoice, whichever comes first. Interest will be charged at 5% per month on all accounts not paid within 30 days.

 

Lingerie & Underwear :  Will be charged at an additional rate. 

 

4. Invoicing

Client must specify the type of lingerie at time of booking and these sessions must be done on a closed set. Bras, panties, body stockings and sheer lingerie will be charged at double.

 

4.1 Payment Terms

Payment terms in all cases are noted on the invoice to the client.

 

4.2 Responsible Party

Unless otherwise noted, the person or entity who has requested the model, signed the voucher and/or signed the booking confirmation or acknowledged receipt of the booking confirmation accepts responsibility to

Agency for services rendered.

AGENCY reserves the right in its discretion to invoice the 'ultimate client', (eg. 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 all of the fees and settle the invoice accordingly. 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 Agency specifically

agrees otherwise, in writing, no usage for the model's image is permitted until AGENCY has received payment in full.

 

4.3 Failure to Make Payment

If the client fails to pay in full on the due date any amount which is payable to AGENCY, without prejudice to any other right or remedy of AGENCY, the amount outstanding shall bear interest both before and

after any judgment at eighteen percent (18%) per annum compounding daily from the due date until up to and including the date that payment is made in full.

 

4.4 Third Party

In the event that the client is providing the services on behalf of or to a third party end user, in entering into these Terms and Conditions the client is acting in its capacity as the agent of the third party end user and

the client shall ensure that the third party end user:

1.    Enters into an agreement with the client on the same terms as these Terms and Conditions; and

2.    Acknowledges its obligations to AGENCY including but not limited to the obligation to pay AGENCY according to these Terms and Conditions; and

3.    Acknowledges that the third party end user may not use Model’s Image (as defined above) until payment is received by AGENCY and that at all times the third party end user is subject to any restrictions and

limitations established in the booking form, release or any other document establishing usage as defined above.

Any fees received by the client from the third party end user relating to any of the rights or benefits conferred on the client by these terms and conditions shall be deposited in a designated Agency account by the

client (the Third Party End User Fees). The Third Party End User Fees shall be held in trust for AGENCY as beneficiary until such time as all fees owed by the client are paid in accordance with these Terms and

Conditions and any Agreements executed over the course of the booking.

 

5. Exclusivity and Conflicts

Unless otherwise agreed in the booking confirmation, the model’s services to the client is on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or

competing product or brand of the client.

the nature of the exclusivity and the associated rate. It is the responsibility of the client to conduct any research to determine whether use of the model’s image creates a conflict.

Should the client or any third party desire to use model’s image (as described above) on an exclusive basis, the parties shall come to an Agreement with explicit regard to the nature of the exclusivity and the associated rate.

It is the responsibility of the client to conduct any research to determine whether use of the model’s image creates a conflict.

 

6. Provisional bookings

Provisional bookings will be automatically cancelled if they are not confirmed by the client (by signing and returning the booking confirmation form) within 24 hours of the proposed booking. 

 

Cancellation Policies:

7.1 Cancellation of booking by client

All cancellations made one (1) day (24 hours) prior to the first day of the booking will be charged full fee. All cancellations made within two (2) days (48 hours) prior to the first day of the booking will be charged one

half fee. Cancellations of trips or full week bookings must be made one week prior to first day of booking, otherwise full fee will be charged. Regardless of cancellation time, client will reimburse all nonrefundable

expenses already incurred. A full day booking consists of 8 consecutive hours, overtime will be charged accordingly. Options for weather permits must be discussed in advance. Contracts have period and territorial  

limitations. Extensions or changes of usage dates must be negotiated with Book Management. All bookings, including hours and usages are subject to a 20% service fee.

 

7.2 Cancellation of booking by Model

Client holds AGENCY harmless for cancellations made by Model. In the event of Model cancellation, AGENCY will make best efforts to offer the client a suitable replacement.

AGENCY shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client. It is the responsibility of the client, not AGENCY, to procure the necessary

insurance coverage and any other contingencies to protect against such cancellation.

 

8. Meals

Client agrees to provide adequate meals and beverage to models (taking into account dietary requirements) during the course of the booking, including during travel.

 

9. Professional Conduct

Client agrees to ensure that the model is treated respectfully and professionally and take all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times

during the course of the booking, including during travel. Such steps shall include without limitation:

1.    ensure that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards,

       regulations, codes and laws; and

2.    allow the model to take suitable and regular breaks; and

3.    provide adequate levels of insurance coverage to safeguard the health and

       safety and future earnings of the model for the duration of the booking, including travel; and

4.    ensure that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional; and

5.    ensure that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model; and

6.    providethemodelwithanappropriatechanginganddressingareato ensure that the model can prepare for the provision of the services and also maintain his/her privacy; and

7.    always include a credit in the form of [model’s name] @ AGENCY, wherever a credit is applied.

 

10. Warranties

The client warrants and represents to AGENCY that:

1.    It has full capacity to enter into these Terms and Conditions and to perform its obligations under these Terms and Conditions; and

2.    The booking form is executed by a duly authorized representative of the client; and

3.    It will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws; and

4.    It has all necessary permits, licenses and consents to enter into and to perform its obligations under these Terms and Conditions and such obligations shall be performed in compliance with all

applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and

5.    It will promptly disclose to AGENCY in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the  

provision of the services to enable AGENCY to ensure that the model is suitably prepared and able to perform the services.

 

11. Indemnity

The client shall indemnify AGENCY and keep AGENCY indemnified against all costs, expenses, damages and losses suffered or incurred by
Client or any Third Party (including but not limited to all legal costs and

expenses on a full indemnity basis) arising out of or in connection with:

1.    Any breach by the client of these Terms and Conditions, including but not limited to, any breach by the client of Section 6 of these Terms and Conditions;

2.    AnyclaimbroughtbyathirdpartyagainstAGENCYincircumstances where, as a result of the client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these Terms and Conditions has caused AGENCY to be in breach of the terms of an exclusive agreement with such third party; and

3.    Any breach by the client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time. 

 

13. Intellectual Property Rights

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 and documented in the

applicable booking confirmation and / or release. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual

property rights. If the client is not the photographer, the client shall draw all these Terms and Conditions to the attention of the photographer and procure his agreement to them before the shoot commences.

All rights not expressly granted to the client under these Terms and Conditions are hereby reserved to AGENCY and/or the model as appropriate. In particular, the client acknowledges and agrees that the Agency is

the owner or license holder of all commercial rights and intellectual property rights relating to the model and AGENCY and the client shall not be entitled to exploit or enter into any commercial or other agreement to

exploit any rights relating to the model or AGENCY other than the rights specifically granted to the client under these Terms and Conditions.

For the avoidance of doubt, notwithstanding anything in the booking confirmation form or these Terms and Conditions, including but not limited to any grant of exclusivity over the use of the images, the client

acknowledges and agrees that AGENCY and the model may use the images resulting from any booking in any form whatsoever, solely in order for the model and AGENCY to promote the model and in the search of

and Conditions.

 

14. Liability and insurance

No party excludes or limits its liability under these Terms and Conditions for:

1. Death or personal injury caused by its negligence; or

2. Fraudulentmisrepresentation;or

3. Any other type of liability which cannot by law be excluded or limited.

 

AGENCY limits its liability under these Terms and Conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of AGENCY for all claims

under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to AGENCY.

AGENCY shall not be liable for

1.    Loss of business, use, profit, anticipated profit, contracts, revenues,

goodwill or anticipated savings; or

2.    Product recall costs; or

3.    Failure by the model to attend a booking for whatever reason; or

4.    Damage to the client’s reputation; or

5.    Consequential, special or indirect loss or damage;

Even if AGENCY has been advised of the possibility of such loss or damage the client shall effect and maintain (and shall require its ultimate client, if any, to maintain) throughout the continuance of this Terms and  

Conditions insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under these Terms and Conditions. Such insurance policies shall

include without limitation:

1.    Cancellation insurance to protect against the potential liabilities which AGENCY and the client may incur, and

2.    Insurance to protect the model and AGENCY should any damage, injury or loss be caused whilst the model is providing services to the client; and

3.    Travel insurance to cover the activities of the model while travelling to and from the location of the services.

 

15. Contract and authority

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 AGENCY. The client shall not attempt to negotiate, nor allow

others to negotiate, with the models directly. 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 outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or AGENCY unless and

until it is agreed in writing by AGENCY (such agreement to be determined in AGENCY’s absolute discretion).

 

16. Complaints and disclaimer

Any cause for complaint must be reported to AGENCY by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst AGENCY will

use reasonable endeavors to ensure that the models provide a satisfactory and efficient services to clients, as the agent, AGENCY cannot be held responsible for a model's conduct or behavior whilst delivering the

services and in this regard AGENCY shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any model.

 

17. Force Majeure

AGENCY shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these Terms and Conditions which is due to any cause beyond its control and which is unknown

to, and cannot reasonably be anticipated by AGENCY including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an "Event of Force Majeure") and AGENCY’s

obligations under these Terms and Conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

 

18. Interpretation of Terms and Conditions

For the purpose of the relationship between the client and AGENCY the client acknowledges, accepts and agrees that AGENCY is the supplier of services which shall be strictly and exclusively governed by these

Terms and Conditions. If there is any conflict between any of these Terms and Conditions and the booking confirmation then the terms of these Terms and Conditions shall prevail without detriment to the remaining

unaffected terms of the booking confirmation form and / or voucher. The booking confirmation form and voucher are part of these Terms and Conditions and shall have effect as if set out in full in the body of these

Terms and Conditions. Any reference to these Terms and Conditions includes the booking confirmation form and voucher. For the purpose of these Terms and Conditions the words "agreed", means agreed in writing

in the booking confirmation form and / or voucher signed by duly authorized representatives of both AGENCY and the client.

 

19. General

If any of the terms, conditions or provisions of these Terms and Conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term,

condition or provision will to that extent, be severered, provided that the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.

Any termination of all or part of these Terms and Conditions shall not affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication

intended to come into force or continue in force on or after such termination.

 

Except as otherwise expressly provided in these Terms and Conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client

and the ultimate client under these Terms and Conditions are assumed by such parties jointly and severally.

No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these Terms and Conditions shall operate as a waiver of it. Nor shall any single or partial exercise of

any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be

effective it must be agreed in writing.

 

Except as and to the extent expressly otherwise specified in these Terms and Conditions, the rights and remedies contained in these Terms and Conditions are cumulative and are not exclusive of any rights or

remedies provided by law or elsewhere in these Terms and Conditions.

 

The parties agree to keep, and to instruct its agents, employees, advisers and sub- contractors with knowledge hereof to keep these Terms and Conditions strictly private and confidential and not to disclose any

details relating to the same, subject to disclosure in the following circumstances;

1.    To enable enforcement of the party’s rights under these Terms and Conditions; or

2.    With the prior written consent of the other party; or

3.   As required by any applicable law No variation or amendment to the terms of these Terms and Conditions shall be valid and binding unless in writing and signed by an authorized representative of each     party.