B E T W E E N
1. SANDRA REYNOLDS LIMITED
("SR") of 35 St Georges Street, Creative Quarter, Norwich NR3 1DA
2. THE MODEL
(any person who accepts an assignment through SR) INTRODUCTION
(A) SR is engaged in the business of providing agency services to Models and Actors desiring to obtain various assignments and has skill, knowledge and experience in that field. SR is a registered employment agency, regulated by the BIS Conduct of Employment Agencies and Employment Business Regulations 2003, for Models and Actors who are engaged on a self-employed basis.
(B) The Model wishes to use the services of SR to try to obtain various assignments.
(C) Both parties wish to make clear their respective rights and obligations during the course of their business dealings together.OPERATIVE PROVISIONS
1.1 In this Agreement:“MODEL”
means any person SR has agreed to represent for various assignments."AGREEMENT"
means this instrument as it may be amended, modified or supplemented from time to time by the mutual agreement of the Model and SR."ASSIGNMENT"
means any booking or services which are normally included in the industry relating to the provision of agency services."CLIENTS"
means any persons for whom SR has agreed to provide models for assignments.
1.2 The headings in this Agreement are inserted only for convenience and shall not affect its construction.
1.3 Where appropriate, words denoting a singular number shall include the plural and vice-versa.
1.4 Any Model registering with SR 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.2. Duration
2.1 This Agreement shall continue for as long as the Model shall continue to use SR for Services unless and until terminated in accordance with this agreement or by the mutual agreement of the Model and SR.3. Obligations of SR
3.1 SR shall keep reasonable records relating to the provision of the Services by SR to the Model and at the Models request shall make them available for inspection and/or provide copies to the Model.
3.2 SR 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. Obligations of the Model
4.1 The Model shall arrive to a booking in good time and be fully prepared with all that may be required for the particular assignment in question including (but not limited to) the specified wardrobe and accessories.
4.2 The Model must inform SR of a material change in the Model's appearance including but not limited to weight loss/gain, hair colour style and length.
4.3 The Model shall ensure that SR is informed in all reasonable time of the availability and the unavailability of the Model due to holidays and other commitments previously made.
4.4 The Model shall in no circumstances give out the Model's own address or telephone number to or contact a Client which has been introduced to the Model by SR.
4.5 The Model agrees to provide SR with proof of identity taking the form of a photocopy of passport or driving licence. This may be in paper or electronic form.
4.6 The Model understands that while working for a Client, confidential information may be disclosed about the Client or third party Clients and such information may not be disclosed. The Model shall never release to or discuss with the press any information regarding any booking nor post anything on social media in relation to any client, product or assignment without prior permission from SR.5. Assignments
5.1 Once an assignment is accepted by the Model through SR, it must then be fulfilled and completed through SR including all extensions and extra usages which may arise. The Model will be liable to pay all losses in respect of this if the assignment and/or all extensions are not honoured, based on standard fees SR would have charged for the job in question.
5.2 If the Model shall arrive late to an assignment 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 assignment.
5.3 If the Model shall withdraw from a confirmed assignment for any reason other than illness (to be evidenced by a medical certificate) the Model may be liable for all financial losses which may result from such withdrawal.
5.4 If the Model shall withdraw from a confirmed assignment for any reason prior to completion, SR reserves the right to withhold indefinitely all fees for that assignment for damages. The Client is permitted to use any images and/or footage from the completed part of the assignment.
5.5 The Model understands that within the usage agreed, the Client may change or edit images or footage. They may be cut, edited, added to and/or combined with text or other footage/images/graphics and modified or altered without the Models knowledge or approval.
5.6 The Model gives consent for SR to negotiate and agree on the Models behalf, to any extra usages which may arise following any jobs secured by SR for the Model during the course of this agreement, even after this agreement has been terminated. It is the Models responsibility to notify SR of any exclusive contracts the Model may have entered in to with any competing products prior to or following a job done through SR which would preclude them from any further usage being agreed.
5.7 SR reserves the right to negotiate any post-assignment disputes on behalf of the Model. Any disputes will be dealt with in a way SR deems is fair and reasonable to all interested parties and SR’s decision is final.6. Payment
6.1 In consideration for the provision of its Services, SR shall receive a percentage of 33.33% (one third) of the total fee due and owing to the Model in relation to an assignment carried out by the Model. The fee payable to the Model will be stated on the booking confirmation given to the Model prior to each assignment.
6.2 Overseas assignments may carry variations in fees due. SR will notify the Model of the fee as accurately as possible but there may be fluctuations due to currency conversion and bank charges which are not known until the time of payment.
6.3 SR will invoice the Clients on the Models’ behalf for work performed by the Model and raise a self-billed invoice for the Model net of the commission owing to SR. The Model agrees to accept invoices raised by SR on their behalf. All fees payable will be made directly to SR. When the Client has made payment of the fee owing, SR shall then hold this fee for up to 10 days and then pay the Model the fee, net any other fees due to SR such as preparation of publicity material and any NIC deductions which may have been made by the Client as required by law prior to payment being received by SR.
6.4 SR expects to receive payment from the Client 30 days after the completion of the Assignment. SR shall not be liable to the Model for any late payment by the client or failure of any Client to pay any fee due and owing.
6.5 SR may at its discretion pay in advance of the money being received from the Client. If this is requested by the Model and authorised by SR, a further 10% will be deducted from the total fees for this service. SR reserves the right to recover from the Model any advance payment made in the event of the failure of the Client to pay the fee due.
6.6 The Model recognises that being placed on the books of SR 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 is responsible for his/her tax and National Insurance payments and agrees to indemnify SR 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 SR to the Model. The Model understands that SR discloses all financial information regarding work the model has done for SR to the Inland Revenue on request as required by law.
6.7 If the Model is VAT registered they will be responsible for informing SR of their VAT number prior to an assignment taking place and a VAT invoice should be sent within 30 days of each assignment.
7.1 In order to promote the Model for assignments, SR 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 SR 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 questionnaire and sometimes via email. When the Model ceases to be with SR, 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. Exclusivity
8.1 During the continuing of this Agreement SR shall be the Models' only Agency to obtain work in East Anglia. The Model undertakes not to obtain and perform any assignment work related in any way to advertising, sales promotion, fashion, photographic modelling or television/film work acquired externally whether paid or not, except through another Agency based outside East Anglia.
8.2 The Model undertakes to refer all direct Clients within East Anglia to SR. SR shall deal with these assignments in the same way as all other assignments and shall receive a percentage of 10% of the total fee.
8.3 If a Model works directly with a Client who has been introduced to the Model by SR, SR may invoice the model and/or Client for the commission lost based on standard fees SR would have charged for the job in question. 9. Promotion & Publicity
9.1 The model undertakes to behave in a professional manner and to promote the Model's name and reputation as well as the name of SR.
9.2 The Model recognises that all photographs relating to the Model and their inclusion in the books, websites and social media of SR and promotional literature to be distributed by SR are essential for SR while operating in the industry. The Model should obtain permission from the copyright holder of any photographs/material given to SR for publicity material to use these photographs/material for the purpose of publicising the Model and SR. SR 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 SR as the Models agency, SR shall be entitled to continue to publicise and make use of any material printed and produced before the Model ceased to use SR as the Model's agency. SR reserves
the right to promote the Model in any area they feel relevant. SR cannot be held liable for any copyright infringements however caused. All images reproduced are taken in good faith from the Model.
9.3 The Model agrees that the sum of £60 + VAT (£72) will be added to their account on 1st January each year. This fee will be to cover the cost of producing and updating SR publicity material including websites, index cards and copy books and will be deducted from the Models’ earnings.
9.4 The Model agrees to promote SR as the Models’ agency on any printed or electronic media in relation to the Model including (but not limited to) Facebook, Twitter, Email and Websites. This should include contact details in the way of either email address firstname.lastname@example.org or a link to the Model’s page on the SR website.10. Liability
10.1 SR will not accept responsibility or liability for any losses, claims or proceedings incurred by a Model to either persons or property at any time while working, travelling to or from or in connection with any assignment.
10.2 SR will not accept liability for any costs, claims or proceedings due to the cancellation of an assignment.11. Termination
11.1 SR may immediately terminate this Agreement at any time in the event of the following:-
11.1.1 If SR reasonably considers that the conduct of the Model is not in keeping with the good and valuable reputation of SR.
11.1.2 If SR reasonably suspects that the Model has commenced negotiations with a Client.
11.1.3 If SR receives complaints about the Model's behaviour.
11.1.4 If the Model fails to go to a confirmed booking in breach of this agreement.
11.1.5 If the Model is in breach of any other provision of this Agreement.
11.1.6 In the event of termination, both parties shall honour and the Model shall complete any confirmed assignments/contracts.12. Governing law and jurisdiction
The validity construction and performance of this Agreement shall be governed by English Law.