These are the standard Terms and Conditions set out for a client when booking a model set out for England Scotland and Wales.
As required by the Department of Employment regulations, the agency’s booking confirmation from, containing the specific terms of booking should be signed and returned to the client. The failure to sign and return the booking form within 48 hours of the job taking place, but the client chooses to proceed, then these terms and conditions shall be deemed acceptable by the client and shall apply to and govern the booking between agency and client.
Spirit Model Management’s booking confirmation should be signed and returned by the client within 48 hours of the booking being confirmed either by email of verbally.
Booking fees of standard hourly rates for an 8 hour day (9am-5pm) are charged as an hourly or daily rate’s. The minimum booking period is 2 hours. Or on an alternative basis, for example a set fee on a catwalk show or promotional assignments at an exhibition. A booking for an 8 hour period should include breaks making up to one hour. Over time rates apply at any time excess of any 8 hour period including any time outside of 9am and 5 pm or 10am and 6pm, Monday to Friday.
- A special rate can be negotiated for night hours between 12am and 9pm.
- Bookings for a Saturday is one and a half the normal hourly/daily rate.
- Work on Sundays and Bank holidays will be double the standard hourly/daily rate.
In the case of an Equity contract the Agency will subtract 20% commission form the models total fee agreed expenses will be added to the invoice total.
In the event that models are working on the same assignments as models from other agencies and providing the same services as Spirit Model Management. Spirit Model Management reserves the right to charge at the same rate as the other agency. This will also be the case if the client hiring free lance models at a higher rate.
Additional fees
Expenses and accommodation will be negotiated wherever possible.
Other services
Additional fees are also payable for other services supplied by the model, for example personal appearances for PR purposes, trade show presentations, catwalk rehearsals etc. Fees for such purposes will be negotiated on an individual basis.
Usage
Unless otherwise agreed in writing the permitted use for photographs are Editorial, Experimental, Brochure, Direct Mail and Press advertising only. 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. If the images are used passed the 12 month period the agency reserves the rights to claim the original payment for the booking for another 12 month period. Foreign usage fees are subject to negotiation.
Territory
It is the client’s responsibility to contact the agency to negotiate fees for additional usage of an image. (Includes extensions of initial period)
Exclusivity Fees
A special Fee will be negotiated when the work is in conjunction with a produce which precludes works 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.
All fees for the right to use pictures or film once agreed are payable irrespective of whether the pictures or film are used or not.
Copyright
The photographer is not entitled to use any of the images he takes for any usage than the agreed assignment, in this case, the purpose of the booking. The client is to bring the attention of these Terms and Conditions before the shoot commences.
Fitting Fees
Any time that the model is needed by the client for fittings will be charged an hourly rate of £50, catwalk fittings will be negotiated on an individual basis.
Additional expenses
All expenses incurred by the agency on the client’s behalf will be charged to the client upon invoicing.
Travel
Travel can be negotiated but will usually be charged at half the hourly rate (£25) per hour of travelling time to the location. We ask that all clients (including test photographers) make an offer of expenses as many models are able to travel with discounted travel tickets.
Location
(With the exception of work for Background Artists)
When a location booking is made the client should provide transport for the model to the booking location and back again unless agreed otherwise. If the client fails to provide transport then the agency will re-charge the transport cost back to the client.
Fashion Shows
Catwalk bookings and payment of the agreed fee confers the right to make use of models services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abides by it. If any other usage is required that must be negotiated at the time of booking.
Videos
All fees will be invoiced to the record or production company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.
Test photography
A photographer who has booked a model for a test shoot through Spirit Model Management is not permitted to use a test shot for commercial purposes.
Weather permitting booking
Bookings from the first cancellation will be charged at the half-fee rate unless the client fails to cancel in time to prevent the models attendance, when the fee is payable. At the second cancellation the full fee is charged.
Force Dejeur
The agency shall not be liable to the client for the delay in performing or failure to perform any of it’s obligations under these terms and conditions which is due to any cause beyond it’s control and which is unknown to, and cannot reasonably be anticipated by the agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war, riots, (an ‘Event of force Majeure) and the agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to extent that it is so delayed.
Provisional booking
Provisional bookings will be automatically cancelled if they are not confirmed by the client (by signing the Terms and Conditions form) within 24 hours of the proposed booking or a definite booking is offered cannot be confirmed.
Cancellation fee
If a booking is cancelled within 48hours before the starting time of an assignment then the full fee will be charged unless the same model is re-booked within 24 hours in which caser half the fee will be charged. This is a reciprocal arrangement between model and client. However, if a booking is cancelled because of illness or because of a force majeur, the model will not be liable for a cancellation.
Cancellation of booking by the agency
Should the agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
In an event the 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 and the client will procure the necessary insurance cover to protect against such cancellation and any associated liability.
Complaint procedure
Any clients with complaints should make it known as soon as it arises. Refusal to pay for a model’s services in retrospective will not be acceptable. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the agency will use the reasonable endeavours to ensure that the models provide satisfactory and efficient service to clients, as the agent, the agency cannot be held responsible for a models conduct or behaviour whilst delivering the services and in this regard the agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.
Insurance
Neither models nor Spirit Model Management hold insurance cover for models on assignments and clients should make arrangements with their insurers. It is the client’s responsibility to carry out a risk assessment of the location, equipment and work conditions: and any health and safety known to the client should be made known to Spirit Model Management and discussed at the time of booking.
The agent is not responsible for a failure to show, the client should be insured against losses. However the agency will try it’s best to cover an absence.
Meals
Clients are responsible for the provision of meals and beverage’s (taking into account dietary requirements) whilst the models are providing services for the clients.
Models care and safety
Clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the health, safety and wellbeing of the model is protected and maintained at all times whilst providing services to the client.
Models rights to privacy
A models personal details will not given to the client with the exception of their mobile number for use on the day of booking only. Models should not be added or contacted on networking sites.
Client’s privacy
The client’s personal details including correspondence will not be passed onto third parties. The agency reserves the right to publicise the booking once carried out on their website and blogs.
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 the agency, the client shall not attempt to negotiate, with the model directly. If the client or the photographer or another person on their behalf or connected with them obtains the models signature on the document, it is not binding with the agency unless agreed at the time of booking and agreed in writing by the agency.
Payment and Invoicing
On all invoices the payment should be made in full within 28 days of the date of Invoice. In all cases the person booking the models is the client, who will be invoiced and solely responsible for the payment, unless otherwise responsible for payment at the time of booking. Spirit Model Management reserves the right to invoice the ‘ultimate’ client. (i.e. manufacture/designer/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 both the client an ultimate client are jointly and severally liable to pay the invoice. Unless the Agency specifically agrees otherwise, in writing, no usage for the models image is permitted until the payment is made in full. The agency reserves the right to alter terms if it deems appropriate, prior to booking.
Promotion assignments: All Invoices must be met within 7 days from the finish of work being carried out.
Additional Information
- The client should not make a direct booking arrangement with a model introduced through Spirit Model Management without our knowledge and consent.
- Whilst every reasonable endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a models conduct on an assignment.
- Spirit Model Management cannot be held responsible for any costs incurred as a result of the lateness of a model in attending a booking.
- The agency should receive at least one image from the booking for use in the models portfolio as evidence of work.
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