Terms and Conditions
TERMS AND CONDITIONS FOR BOOKING TALENT
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
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 Agreed
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
Any time spent by the talent for fittings is charged at half the applicable talent’s hourly rate.
All expenses incurred by the Agency on the clients’ behalf will be charged to the client at cost
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)
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.
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.
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
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.
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.
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.
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.
In order to conduct its business activities, it is necessary for Street Cast to act as a data controller with respect to gathering and using the personal data of individuals. These can include clients, suppliers, employees, models, actors and other people the company has a relationship with or may need to contact. This policy sets out how we collect, use and protect any information you give us when you use this website and/or our services.
We are committed to safeguarding your privacy. Should we ask you to provide certain information, you can be assured that it will only be used in accordance with this policy. We may be required to update this policy from time to time in order to remain legal and compliant. You should check this page periodically to ensure that you are happy with any changes.
WHY THIS POLICY EXISTS
- Complies with GDPR and follows good practice;
- Protects the rights of employees, models, actors and clients;
- Is open about how it stores and processes individuals’ data;
- Protects itself from the risks of a data breach;
WHAT WE COLLECT
We may collect the following information:
- Name, company name and job title;
- Contact information including telephone number and email address;
- Business address and postcode;
- Other information relevant to your enquiry or to enable us to fulfil a contract or terms & conditions.
People represented as models by the agency
- Contact information including telephone number and email address;
- Demographic information including address and postcode;
- Statistics and work experience;
- Images and videos;
- Preferences and interests;
- Other information relevant to promoting you for work in the correct areas and to enable us to fulfil a contract or terms & conditions.
New People applying to the agency to be a model
- Demographic information;
- Images/videos and statistics to enable us to assess whether you are suitable to be offered a place on the agencies books.
Employees and Freelancers
- Contact information including address, telephone number and email address;
- Details of previous work and/or employment;
- Other information to enable us to fulfil a contract or terms & conditions.
WHAT WE DO WITH THE INFORMATION WE COLLECT
We require this information to understand your needs and provide you with a better service and in particular, for the following reasons:
- To provide ongoing customer service and maintain internal record keeping including for accounting purposes;
- To enable contact by email or phone in relation to the enquiry you have made with us;
- To periodically send update emails about new models/actors or other information relevant to your enquiry. You may unsubscribe from receiving these emails at any time by clicking the unsubscribe link which is included at the bottom of all our update emails.
Models & Actors
We require this information to understand the areas of work we can put you forward for and in particular, for the following reasons:
- Internal record keeping including accounting purposes;
- To keep our website up-to-date with the correct information for clients;
- We may contact you by email or phone in relation to work enquiries;
- We may periodically send update emails using the email address which you have provided. You may unsubscribe from receiving these emails at any time by clicking the unsubscribe link which is included at the bottom of all our promotional emails.
New Models applying to the agency
We require this information to assess whether you are suitable to be offered representation with the agency.
Employees and Freelancers
We require this information, in order to fulfil your employment contract.
We are required to keep documents, contracts etc. for the length of the contract as a minimum and for up to seven years afterwards as a maximum. We will determine this on a case-by-case basis after taking into account the individual circumstances and will only keep data which is necessary for us to fulfil our contractual obligations. Any personal data held by us for marketing updates will be kept by us until such time that you notify us you no longer wish to receive this information.
We are committed to ensuring that your information is secure and protected against unauthorised or unlawful processing, accidental loss, destruction and damage. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, technical and managerial procedures to safeguard and secure the information we collect.
Personal data collected in paper form is stored in locked filing cabinets and shredded when no longer required.
Personal data stored in digital format is on secure cloud servers hosted in the United Kingdom with access to data highly restricted for approved business purposes only.
Despite all the controls we have put in place to address all the key GDPR principles, there is still always a risk a data breach may happen. In the unlikely event of this, the breach will be notified to all data subjects affected without undue delay. If appropriate, this will also be reported to the ICO within 72 hours of us becoming aware. The person who should be informed of any breaches is named at the bottom of this policy and is contactable by email at all times.
THIRD PARTY PROCESSING
Our work for you may occasionally require us to pass your information to our service providers and for the purpose of delivering our services to you. Where we are entering into an engagement with a third party, we will seek to be satisfied that they have secure measures in place so your privacy rights continue to be protected as outlined in this policy.
We only disclose information that is necessary to deliver our services and we never allow your personal data to be used by any third party for any market research, marketing or other commercial purposes. Under GDPR law, we may be required to disclose your data for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also be required to disclose your personal data where such disclosure is necessary for the establishment or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
YOUR RIGHTS UNDER GDPR
You have the right to know what data we are holding for you at any time, the right to access this data, change it and/or have it removed from any further processing activity.
SUBJECT ACCESS REQUEST
If you would like to contact us with a subject access request, please use the email address firstname.lastname@example.org We will contact you within ten days of receiving this request.
RESPONSIBLE PERSON FOR GDPR
Fiona Watson , Director
Street Cast | 139 Capel Rd, London E7 0JT
07904435010 | email@example.com