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Clients Terms and Conditions

Terms and conditions for booking models through Smartypants Agency Ltd

All clients should read carefully the following before booking a model/performer.

1. Terms and conditions
As required by department of employment regulations Smartypants Agency Booking Confirmation Form containing the terms of the booking must be signed and returned by the client.

2. Permitted use
In general booking fees cover the right to use one image for one year from the date of the booking, in the United Kingdom only, for the initial permitted use.

3. Daily/hourly rate
Booking fees are charged by the day or by the hour, or on some other basis, for example, a set fee for a catwalk show. Extra hours or parts of half hours shall be paid at the half hourly rate. Equity contracts excluded, the day booking is for an 8 hour period including a 1 hour lunch break. Unless otherwise agreed the minimum booking is for 2 hours.

4. Overtime
Overtime rates apply before 9am, after 6pm and on all bookings over 8 hours.

a. The overtime rate is one and a half times the normal hourly rate between 1800 hours and 2400 hours
b. A special 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
e. If a model works over the pre-booked times, the overtime worked between the hours of 0900 and 1800 hours will be charged at the normal hourly rate.

The above does not apply to TV commercial shoots. Overtime on TVC's will be charged at standard Equity rates after 10 hrs day.

5. 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 in the South]. Or as agreed on the booking form and to be reimbursed within 7 days.

6. Fitting fees
Fitting fees are charged at half the hourly rate with a minimum of £25 per hour.

7. Location bookings
When a location booking is made, a client must provide transport there and back unless agreed otherwise. If a model on location is prevented from returning to London to work, half the daily fee is to be paid.

8a. Additional fees
To be agreed at the time of the booking or before any additional usage. The agent reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of the booking.

8b. Usage
Additional fees are payable for the right to use the model's image [or reproductions, 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 material of any other nature 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]. Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. Under no circumstances will each usage fee be less than the model's advertising day rate.

8c. Territory
Additional fees are also payable for the right to use the model's image [or reproductions etc. As set out in 8b above] for all known or anticipated territories other than the United Kingdom.. Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed. Under no circumstances will each usage fee be less than the model's advertising day rate.

8d. Other services
Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for pr purposes. Fees for such services will be negotiated on an individual basis.

Agency fees

9a. All bookings excepting equity contract TV commercials
The agency charges a supplement of 20% on all hourly, daily and overtime fees and all fees for the right to use and all fees negotiated for any other service to be supplied by the model. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model disbursement is included at 62.5% and the agent's fee at 37.5 % of the invoice total. Vat and any agreed expenses will be added where appropriate.

9b. Equity contract TV commercials
The fee negotiated by the agent is the artist's fee from which agency commission will be deducted at 25% of the invoice total. Vat and agreed expenses will be added where appropriate.

10. Invoicing
On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The agent reserves the right to invoice the 'ultimate client' [i.e. 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 the invoice. 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 the agent specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate prior to booking.

11. Exclusion fees
A special fee will be negotiated when the use of the model's image or the service to be supplied by a model in relation to a product is required on a basis which precludes supplying services or allowing the use of the model's image for competing products. A model can supply services to and allow use of the model's image by any competitor unless an exclusion fee is negotiated. It is the client's responsibility to check whether conflicting work has been done.

12. 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.

13. Cancellations

13a. If a booking is cancelled within one working day of the starting time the full booking fee will be charged, unless the same model is re-booked by the same client within 24 hours in which case the half booking fee will be charged.

13b. If a booking is cancelled outside the one day period but within two working days of the starting time then half the booking fee will be charged. 13c. Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and bank holidays are excluded from these calculations. This is a reciprocal arrangement between model and client.

14. Weather permitting bookings
If a booking is ‘Weather permitting’ this must be made clear at the time of booking. At the first cancellation half the booking fee is charged unless the client fails to cancel in time to prevent the model's attendance, when the full booking fee is payable. At the second cancellation, the full fee is charged.

15. Meals
Clients are responsible for models' meals on all bookings.

16. Fashion shows
Catwalk bookings give 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 show on the basis that all such material (or reproductions etc. As set out in 8b above) is 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 the booking.

17. Music videos
All fees will be negotiated individually. Normally there will be a fee for the shoot plus a buyout. If not booking direct the record company will be invoiced as the ultimate client (see 10).

18. Test and experimental photography
A photographer is not entitled to use test and / or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.

19. Copyright
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 under sections 2, 8, 16, and 17 above. The photographer / client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these terms and conditions (1-23) to the attention of the photographer and obtain his agreement to them before the shoot commences.

20a. Insurance
The client is responsible for the model's safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated traveling are properly qualified and insured. The client is responsible for the model's health and safety as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the model.

20b. Insurance
The agent is not responsible if the model fails to attend a booking. The client is advised to insure against any losses which might be suffered if the model does not keep a booking because of ill health or some other reason.

21. Contract
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 agent, Smartypants Agency. 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, that is not binding on the model or the agent unless and until it is agreed in writing by the agent.

21b. Contract
These terms and conditions for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute. Where the context requires the singular includes the plural and he includes she.

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

23. Please note

As the supplier of services, these terms and conditions take precedence over any terms and conditions which may be received from the client even if those terms and conditions have a clause similar to this.

a. All fees are to be negotiated only with Smartypants Agency Ltd.
b. Photographs may not be used until all fees are paid in full.
c. Whilst every endeavor is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for a model's conduct on any assignment. It is the clients responsibility to arrange insurance if indemnity is required against a models inability to attend through sickness, license refusals or unforeseen circumstances d. We reserve the right to negotiate within the structure of these terms and conditions.


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