AGENCY MODEL AGREEMENT
1. STREET CAST (SC) OF 139 Capel Road, London, UK , E7 0JT
2. THE MODEL (any person who accepts an assignment through SC)
SC is in the business of providing agency services to Models and Artists desiring to obtain various assignments and has skill, knowledge and experience in that field. SC is a registered employment agency for Models who are engaged on a self-employment basis.
The model wishes to use the services of SC to try to obtain various assignments
Both parties wish to make clear their respective rights and obligations during the course of their business dealings
Interpretation In this agreement :
‘AGREEMENT’ means the instrument as it may be amended, modified or supplemented from time to time by the mutual agreement of the Model and SC
‘SERVICES’ means any services which are normally included in the industry relating to the provision of agency services
‘CLIENTS’ means any persons for whom SC has agreed to provide personnel for assignments.
The headings in this agreement are inserted only for convenience and shall not affect its construction Where appropriate, words denoting a singular number only shall include the plural and vice versa
Any Model registering with SC agrees to abide by these Terms and Conditions and accept that they may be updated from time-to-time. The most recent amendments will be displayed on the website www.sandrareynolds.co.uk/model-terms. The Model is responsible for checking and understanding amendments prior to each assignment.
Duration This agreement shall continue for as long as the model shall continue to use SC for Services unless and until terminated in accordance with this agreement or by the mutual agreement of the model and SC
Obligations of SC SC shall keep reasonable records relating to the provision of the Services by SC to the Model and at the Models request shall make them available for inspection and/or provide copies to the Model. SC shall make reasonable endeavours to obtain assignments suitable for the Model provided that the Model is not in breach of any of the conditions of this Agreement.
4.1 The Model hereby appoints SC as its agent with full and unrestricted authority for SC to enter into Contracts on the Model’s behalf and to receive and handle all remuneration payments of the Model in respect of such Contracts in accordance with the terms of this Agreement.
4.1.1 Contracts will allow third parties to use the images of the Model for the purpose specified and at the rate agreed
4.1.2 The Model authorises SC to sign Model Release forms and Booking Confirmations on their behalf
4.1.3 SC will authorise re-use and extra usage agreements on behalf of the model
5.1 In consideration of its Services, SC shall receive a percentage of 33% of the total fee due and owing to the model.
5.2 SC will invoice the Clients directly for work performed by the Model and all the fees payable will be made directly to S.C. When the client has made payment for the fee owing, SC shall then hold the fee for up to 10 days and then pay the Model the fee owing net of the commission owing to SC, and net any other fees due to SC such as preparation of promotional material.
5.3 SC expects to receive payment from the Client 30 days after the completion of the Assignment. SC shall not be responsible to the Model for any late payment by the Client to pay any fee due or owing.
5.4 The Model recognises that being placed on the books of SC does not constitute an offer of employment either express or implied. The Model is self-employed and this Agreement is concerned with the provision of Agency services to the Model. The Model agrees to indemnify SC in respect of any claims that may be made by the relevant authorities against the Model in respect of tax demands or national insurance or similar contributions relating to the provision of the Services by SC to the Model.
6. Obligations of the model
6.1 The models shall arrive in good time for any booking and be fully prepared with all that may be required for the particular assignment in question. If the Model shall arrive late to an appointment the Model may be charged for the excess wages of any personnel which may be caused as a result of the late arrival of the Model where such personnel are also required to attend the appointment.
6.2 If the model shall withdraw from a confirmed appointment within 24 hours before the appointment then the model may be liable for all losses that may result from such a withdrawal.
6.3 The model recognises that all photographs relating to the Model and their inclusion in the website and promotional literature to be distributed by SC are essential for SC while operating in the industry. Sc shall be entitled to use any such material to promote or publicise its own business as well as that of the Model. If the Model ceases to use SC as the Model’s agency, SC shall be entitled to continue to publicise and make use of any material printed and produced before the Model ceased to use Sc as the Model’s agency. SC reserve the right to promote the Model in any area they feel relevant.
6.4 The Model agrees the net fee due to the model may be further reduced to cover the cost incurred by SC for producing head-sheets and all other promotional material necessary for obtaining assignments for the model.
6.5 The Model must inform SC of any change in the Model’s appearance including but not limited to weight loss/gain, hair colour style and length.
6.6 The Model shall ensure that SC is informed in all reasonable time of the availability and the unavailability of the Model due to holidays and other commitments previously made.
6.7 The Model agrees to keep strictly secret and confidential all matters arising or coming into the Model’s attention for any reason in connection with the payment of fees to the Model or to any other model sing the Services of SC secret and confidential and not at any time for any reason whatsoever to disclose them or permit them to be disclosed to any third party except as permitted by SC.
6.8 The Model undertakes to behave in a professional manner and to promote the Model’s name and reputation as well as the name of SC.
6.9 The Model shall in no circumstance give out the Model’s own telephone number to a Client with a view to obtaining assignments.
7.1 In order to promote the Model for assignments, SC needs to collect certain Personal Identifiable Information (PII). This includes contact details, demographic information, personal statistics and bank details. All of this is necessary in order to fulfil these terms and conditions and also to fulfil Clients contracts.
7.2 SC fully complies with GDPR and is committed to ensuring that any data collected is secure and protected against unauthorised or unlawful processing, accidental loss, destruction and damage. In order to prevent unauthorised access or disclosure, suitable physical, technical and managerial procedures have been put in place to safeguard and secure the information collected.
7.4 PII is collected from the Model via a paper or online questionnaire and sometimes via email. When the Model ceases to be with SC, all data is erased except data which is still required in order to contact the Model in the event that extra usage may be requested at a later date. When the Model is removed from the website, some details may still appear on Google searches. This is due to Google indexing which we have no control over. Normally this ceases to appear over time.
8.1 SC may terminate this Agreement at any time in the event of the following:-
8.1.1 If SC reasonably considers that the conduct of the Model is not in keeping with the good and valuable reputation of SC.
8.1.2 If SC reasonably suspects that the Model has commenced negociations with a Client.
8.1.3 If SC receives complaint about a Model’s behaviour.
8.1.4 If the Model fails to go to a confirmed booking in breach of this Agreement.
8.1.5 If the Model is in breach of any other provision of this Agreement.
8.1.6 Either party shall give 3 months notice to the other in writing to terminate the Agreement but both parties shall honour and the Model shall complete any confirmed assignments beginning within this period
Governing law and jurisdiction .The validity construction and performance of this Agreement shall be governed by English Law.