Client Terms
TERMS AND CONDITIONS FOR BOOKING TALENT
Issued by Fiona Watson Ltd T/A Street Cast, registration number 5669060, whose registered address is at 139 Capel Road, London E7 0JT (the “Agency”). Unless and until the booking confirmation form, containing the specific details of the booking, is signed by the client and returned to the Agency, all negotiations relating to the booking of the talent are strictly subject to contract.
The signed booking confirmation form together with these terms and conditions and the “Privacy Policy” shall form the entire agreement between the client and the Agency relating to each booking (together, the “Agreement”).
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency has agreed to such amendment . In the event of any inconsistency or contradiction between these terms and conditions and the booking confirmation form, and the Privacy Policy, these terms and conditions shall prevail and bind the parties.Booking Fees :-
Day Rates Working hours and Overtime
Fees are charged by the day . A ‘day’ is an 9-hour period (including one hour for lunch) between 9am and 6pm. Fees for half days are by negotiation. Minimum booking is 2 hrs.
The appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one-and-a half times the hourly rate and will be noted on the Booking confirmation
Usage
The booking fee will include the entitlement and right for the client to use the images for the duration and purposes specified in the booking confirmation form under Usage AgreedAdditional fees are payable for the right to use the talent’s image for any other purposes which are in addition to and outside the scope of the Usage AgreedThese will be quoted based on what media (digital , social media, packaging, point of sale , posters etc ) territories and duration are required
Travel
Travel expenses will be covered for models to attend shoots outside the M25
Taxis will be organised and paid for by the client for early starts and night shoots
Fitting fees
Any time spent by the talent for fittings is charged at half the applicable talent’s hourly rate.
Additional expenses
All expenses incurred by the Agency on the clients’ behalf will be charged to the client at costAgency Fees
Both the Agency fees and talent disbursement will be invoiced by the Agency. Unless otherwise agreed at the time of booking the talent disbursement is 66.7%and the Agency fee is 33.3%of the invoice total.
Value added tax (VAT) is added to the total cost for the service of supplying the model(s) Invoicing
On all invoices payment is required to be made by the client within 30 days of the date of the invoice. In all cases, the person booking the talent is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. No usage for the talent’s image is permitted until the Agency has received payment in full. The Agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
If the client fails to pay in full on the due date any amount which is payable to the Agency, without prejudice to any other right or remedy of the Agency, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.
Cancellations
Cancellation of booking by the Client
Within 24 hours of the booking call time the full booking fee will be charged and payable by the client unless the same talent is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the client.
Outside 24 hours of the booking call time but within 72 hours of the booking call time of the booking date then half the booking fee will be charged and payable by the client.
Meals
Clients are responsible for the provision of all nutritious meals and beverage requirements of all talent (taking into account dietary requirements) whilst the talent is providing services to the client on all bookings.
Talent Care and Safety
Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the talent’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the talent. The image must not be altered or distorted.
The client shall be solely responsible for ensuring the talent is treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and wellbeing of the talent is protected, at all times by the client and/or any third parties engaged by the client in relation to the delivery of the services. Such steps shall include without limitation:
ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the talent to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws;
allowing the talent to take suitable and regular rest periods, to ensure the talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
ensuring that all of the third parties engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional and treat the talent in a professional and respectful manner;
ensuring that no one imposes upon the talent any action, activity or environment which is either dangerous, degrading, unprofessional, unsafe and/or demeaning to the talent;
providing the talent with an appropriate changing and dressing area to ensure that the talent can prepare for the provision of the services and also maintains his/her/their privacy; and
Warranties
The client warrants and represents to the Agency that:
it has full capacity to enter into the Agreement and perform its obligations under the Agreement;
the booking form is executed by a duly authorised representative of the client;
it will take all steps necessary to ensure that the talent is protected and treated in accordance with all applicable laws, good industry practice and section 11 above;
it has all necessary permits, licences and consents to enter into and to perform its obligations under the Agreement 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
it will promptly disclose to the 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 the Agency to ensure that the talent is suitably prepared and able to perform the services.
Indemnity
The client shall indemnify the Agency and keep the Agency indemnified against all costs, expenses, damages and losses suffered or incurred by the Agency and/or the talent (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
any breach by the client of the Agreement, and any claim brought by a third party against the 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 the Agreement has caused the Agency to be in breach of the terms of an exclusive agreement with such third party; and
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.
Test and Experimental Photography
When the Agency agrees to allow a photographer to take test or experimental photography the photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made and agreed in writing before the photographic session.
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 the Usage Agreed. 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 the terms of the Agreement to the attention of the photographer and procure his agreement to such terms before the shoot commences.
All rights not expressly granted to the client under the Agreement are hereby fully reserved to the Agency and/or the talent as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the talent and the 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 talent or the Agency other than the rights specifically granted to the client under the Agreement.
For the avoidance of doubt, notwithstanding anything in the Agreement, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that the Agency and the talent may use the images resulting from any booking for the following purposes:
in order for the talent and the Agency to promote the talent and in the search of future booking opportunities for the talent; and
for internal and promotional purposes.
Liability and Insurance
No party excludes or limits its liability under the Agreement for:
death or personal injury caused by its negligence;
fraudulent misrepresentation; or
any other type of liability which cannot by law be excluded or limited.
Subject to section 18.1, the Agency limits its liability under the Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the Agency for all claims under the Agreement shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Agency;
the Agency shall not be liable for:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
failure by the talent to attend a booking for whatever reason;
a decision by the talent to require a substitute who attends and/or performs the booking;
damage to the client’s reputation; or
consequential, special or indirect loss or damage;
even if the 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 the Agreement, insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under the Agreement and any insurance cover it is required to place in accordance with applicable law. Such insurance policies shall include without limitation:
employee liability insurance, as required by the Employer’s Liability (Compensation Insurance) Act 1969 and otherwise, which covers all talent delivering the services to the client under the client’s direction and control as if the talent was an employee of the client, in an amount sufficient to cover the health and safety and future earnings of such talent;
public liability insurance
travel insurance to cover the activities of the talent whilst travelling to and from the location of the services.
Contract and Authority
All matters relating to the use of the talent’s image and commercial modelling rights, any other services supplied by the talent and all fees must be negotiated and agreed only with the Agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the talent directly. If the client or the photographer or any other person on their behalf or connected with them obtains the talent’s signature on any document or the talent’s purported verbal agreement to anything outside of the scope of the Agreement, such signature or verbal agreement shall not constitute a variation of the Agreement and is not binding on the talent or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).
Complaints and Disclaimer
Any cause for complaint must be reported to the 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 the Agency will use reasonable endeavours to ensure that the talent provides a satisfactory and efficient services to clients, as the agent, the talent is self-employed and the Agency cannot be held responsible for a talent’s 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 the talent.
Force Majeure
The Agency shall not be liable to the client for any delay in performing or failure to perform any of its obligations under the Agreement which is due to any cause beyond its 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 or riots, (an “Event of Force Majeure”) and the Agency’s obligations under the Agreement shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.