For the purpose of this agreement, the following industry abbreviations will apply:
• “SR” means Sandra Reynolds Agency.
• “MODEL” covers any model or actor who is or has been registered at any time for assignments with SR.
• “BOOKING” means any job or assignments including but not limited to photographic, shows, commercials, video, films & tv productions, on which a model has been booked by SR.
• "CLIENT" means the person or company named on the booking confirmation for who SR has agreed to provide models.
The headings in this agreement are inserted only for convenience and shall not affect its construction.
SR is a registered employment agency, regulated by the BIS Conduct of Employment Agencies and Employment Business Regulations, providing agency services to models and actors who are engaged on a self-employed basis.
Any model introduced to a client by SR may only be booked through SR and may not be contacted directly by the client. SR reserves the right to invoice the client any fees to cover all losses incurred in the event of this.
As required by the BIS regulations, the SR booking confirmation containing the terms of the booking must be signed and returned by the client prior to the booking. Failure to comply with this may result in the booking being cancelled without notice.
1. All fees are based on the following (including breaks):
Full day = 8 hours
Half day = 4 hours
Minimum booking time = 2 hours
2. The booking will be charged from the time specified by the client for the models arrival and detailed on the booking confirmation. If the shoot runs over the time agreed, an overtime rate will apply.
3. If not detailed on the booking confirmation, overtime is charged at 150% of the hourly rate and taken to the next hour up.
4. Both agency and model fees are included in the fees detailed on the booking confirmation and will be invoiced by SR with VAT and any agreed expenses added where appropriate.
5. If not specified on the booking confirmation, expenses are charged at 40p per mile or the cost of second-class rail fare.
6. All fees quoted are for standard usage unless otherwise detailed on the booking confirmation. The standard use covers the right to use the image in the UK only for up to 1 year unless otherwise agreed in writing.
7. In the event that models from other agencies are working on the same booking providing the same service as models from SR, SR reserves the right to charge at the same rate as the other agency.
1. On all invoices, payment is required within 30 days of the date of invoice. A 10% credit charge per month will be added to all invoices not settled within these payment terms.
2. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the person booking the model, SR reserves the right to invoice the 'ultimate client' (i.e. designer/manufacturer/owner of the product in question). The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to SR in full.
3. All fees are for the right to use pictures or footage and, once agreed, are payable whether or not the use is appropriated.
4. If fees are invoiced to a client with an address outside the UK, any bank charges charged by the clients bank outside the UK and NatWest bank in the UK must be covered by the client. The full amount stated on the invoice must be credited to the SR bank account with no deductions for bank charges.
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings 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 initial agreed use detailed on the booking confirmation.
Additional fees are payable for the right to use the footage in any way whatsoever other than the initial agreed usage detailed on the booking confirmation. Unless otherwise agreed, TV commercial usage will be charged as per the rates calculated on www.usefee.tv.
It is the client's responsibility to notify SR and negotiate additional fees (including extensions of existing agreements) for any usage, which may be required. If additional fees are not agreed prior to extra usage being appropriated, SR reserves the right to charge the client or ultimate client the fees it deems reasonable.
A special fee will be negotiated when the booking 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.
TEST AND EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made in writing with SR. If test photographs are used for any commercial purpose whatsoever without permission, SR reserves the right to charge any fees it deems reasonable.
Any cause for complaint should be reported to SR when it arises. Complaints cannot be considered in retrospect.
Provisional bookings, also known as options or pencils, 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.
If a booking is cancelled within three working days of the starting time, the full fee will be charged unless the same model is re-booked within 24 hours in which case half the fee will be charged.
If a booking is cancelled outside the three day period but within five working days of the starting time, 50% of the fee will be charged.
If a booking is cancelled outside the five day period, 25% of the fee will be charged.
For trips and long bookings; if the booking is cancelled within a period equal to the length of the booking, if longer than three days, then the full fee will be charged.
Saturdays, Sundays and Bank Holidays are excluded from these calculations.
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 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.
CASTING, FITTING & REHEARSAL FEES
SR reserves the right to charge casting, fitting and rehearsal fees irrespective of whether the model is confirmed for the booking.
MODEL RELEASE FORM
The model release form/booking voucher must be signed by the model and client at the end of every booking.
Clients are responsible for models' meals on bookings. In the event that a meal is not provided, a charge of £15 per meal per model will be invoiced.
Payment of the agreed fee includes the right to make use of a model's services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be negotiated at the time of booking.
Every client is required, by law, to licence all children under 16yrs for every job they are booked for. The client should be aware that if a valid licence is not in place the penalties can be a fine of up to £1000 and/or a prison sentence of up to 3 months. Children without a licence in place are not insured or protected and therefore if an accident occurred the full responsibility would lie with the client. There is a fee to licence children of £25 per child per day which will be added to the final invoice.
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 obligations to the model.
SR is not responsible for any losses which may be incurred if the model fails to attend or is late to the booking. The client is advised to insure against any loss which might result due to this.
These terms and conditions for booking and all other matters connected with the booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.
The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed. The photographer to his extent agrees to restrict use of his/her copyright and, if the model agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his/her agreement to them before the shoot commences.
1. All fees are to be negotiated only with SR.
2. It is not permitted for any person or company to use photographs or footage for any purpose whatsoever until all fees have been paid to SR in full.
3. Whilst every endeavour is made to provide a satisfactory and efficient service to 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. These terms and conditions are without prejudice to any claim against the client.
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.