Book Management
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About Us Details

Usage - Creative Artists

CREATIVE ARTIST BOOKINGS

It is our recommendation that the following terms and conditions are completely understood before making a Creative - Artist 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 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 the client of these Terms and Conditions and they shall apply to and govern the booking between Book Management (hereinafter referred to as Agency), teh creative-artist and the 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 Creative - Artist booking time.

Full day - 8 working hours, this includes  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 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. 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 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 Creative Artist is NOT authorized to sign release forms without the agency having first approved them. Any form signed  that were not approved by the agency will not be valid. Outdoor Applications have a separate charge per year.

 

1.5 Additional expenses

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

 

1.7 Rates

All  rates are negotiated separately, and apply to shooting time only. All other usage is to be negotiated beforehand with the agency.

Rates : rate varies depending on the experience and the time in which they have been actively working in the industry.

Travel Time

Travel time will be charged at half the hourly rate. Whenever they 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 Creative-Artist 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 artist is not re - booked.

Insurance

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

Indemnity

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

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 , 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 creative artist 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 creative artist is unable to depart the location.

 

2.3 Safety

The client acknowledges that at all times the creative artists 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 artist is not placed in harm’s way. 

 

3. Usage and Associated Fees

Payment of a  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  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  , 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 . 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 job or receiving our invoice, whichever comes first. Interest will be charged at 5% per month on all accounts not paid within 30 days.

 

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 creative artist , 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 services to the client is on a non-exclusive basis and the artist shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client.

Should the client or any third party desire to use  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 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 travel 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 Creative Artist

Client holds AGENCY harmless for cancellations made by artist. In the event of 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  (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 to take suitable and regular breaks; and

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

safety and future earnings  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 any action or activity which is either dangerous, degrading, unprofessional or demeaning ; and

6.   the artist can prepare for the provision of the services and also maintain his/her privacy; and

7.    always include a credit in the form of [creative artistl’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 artistl 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.    Any claim brought by a third party against AGENCY in circumstances 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 artist 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 artist may use the images resulting from any booking in any form whatsoever, solely in order for the model and AGENCY to promote the artist and in the search of future job opportunities for the model. The model and AGENCY acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these Terms 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. Fraudulen misrepresentation; 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.