BOOKING TERMS AND CONDITIONS
ALL CLIENTS SHOULD READ THIS CAREFULLY BEFORE BOOKING A “TOP TALENT” MODEL
1. 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.
2. Daily/Hourly Rate
Booking fees are changed by the day or by the hour. 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.
Overtime rates apply before 0900 hours, after 1800 hours and all bookings over 8 hours.
1. The overtime rate is one and a half times the normal rate between 1800 hours and 2400 hours.
2. A special rate is negotiated for night work between 2400 hours and 0900 hours.
3. Work on Saturdays is at one and half times the normal rate.
4. Work on Sundays and Bank Holidays is at double the normal rate.
5. If a model works over the pre-booked times the overtime worked between the hours 0900 hours and 1800 hours will be charged at the normal hourly rate.
Travel will be charged at half the hourly rate.
Fee for fittings are charged at half the hourly rate with a minimum of £20 per hour.
6. Location Booking
If a model on location is prevented from returning to London to work, half the daily fee is to be paid. (N.B. When a location is made the client must provide information about transport both to and from the location).
To be agreed at the time of the booking.
Additional fees are also payable for the right to use the photographs (or reproductions, or adaptations of, or drawing therefrom, either complete or in part, alone or in conjunction with any wording or drawings, including electronic imaging) for all know 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 booking, in the territory or territories agreed.
Additional fees are payable for the right to use photographs (or reproductions, or adaptations, or drawing therefrom, 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 Permitted Use. (e.g. packs, posters, showcards, 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 only. For the purpose or purposes agreed.
It is the client’s responsibility to notify the Agency 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 7a above.
It is the client’s responsibility to notify the Agency and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 7b above.
9a. All bookings: ACTING & MODELLING
The agency charges a supplement of 20% on all hourly, daily and usage fees on all acting work. For all Modelling work, a 30% commission will be charged. Both agency and model fees will be invoiced by The Agency. VAT and any agreed expenses will be added where appropriate.
10. Payment Terms
On all invoices payment is required within 30 days of the date of the 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.
11. Exclusion Fees
A special fee 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.
12. Provisional Booking
Provisional bookings will be automatically cancelled if they are not confirmed, if within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.
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 by the same client within 24 hours in which case half of the fee is charged. If a booking is cancelled outside the one day periods but within two working days of the starting time then half of the fee is charged. However, if a booking is cancelled due to illness or some other reason beyond the models’ or Agency's control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges. 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
At the first cancellation, half-fee is charged unless the client fails to cancel in time to prevent the model’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.
All fees will be invoiced to the record company or ultimate client. For all videos the normal daily rates will apply PLUS a buy-out to be negotiated.
16. Test & Experimental Photography
A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the shoot commences.
The photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections 1.7 and 8 above. The photographer to this extent agrees to restrict use of his copyright and, if the model agency client is not a photographer, a client is to draw these Terms and Conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
The client is responsible for the models’ 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 its obligation 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.
Any cause for complaint should be reported to The Agency when it arises. Complaints cannot be considered in retrospect.
As the supplier of services these terms and conditions take precedence over any Terms & Conditions which may be received from the client if those Terms & Conditions have a similar clause to this.
1. All fees are negotiated only with Top Talent Agency
2. Photographs may not be used until al fees are paid in full
3. Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model’s conduct on an assignment
4. We reserve the right to negotiate within the structure of these Terms and Conditions
5. It is the client’s responsibility to arrange insurance if indemnity is required against a model’s inability to attend through sickness or unforeseen circumstances
6.The Agency reserves the right to match third party agency fees where models from another agency are doing similar work on an assignment.