CLIENT'S TERMS & CONDITIONS
All clients should read this carefully before booking a model. No model's personal details should be requested at any time.
1. As required by the Department of Employment regulations, Confidence Models Ltd’s booking form containing the terms and conditions must be signed and returned by the client.
Booking Fees
2. Permitted Use. In general, booking fees cover the right to use one image for one year from the date of the booking.
3. Daily/Hourly Rate. Booking fees are charged by the day or by the hour.
4. Overtime. Overtime rates apply before 9am, after 6pm and on all bookings over 8 hours.
a) The overtime rate is one and a half times the normal rate between 1800 and 2400 hours.
b) Work on Saturdays is one and a half times the normal rate.
c) A special rate will be negotiated on an individual basis for work between 2400 and 0900 hours.
d) Work on Sundays and Bank Holidays is double the normal rate.
5. Location Bookings. When a location booking is made the client must provide transport for the model there and back unless it has otherwise been agreed with Confidence Models Ltd staff. If a model is prevented from returning to work in London, half the daily fee will be incurred.
6. If models from other agencies are working on the same assignment as those models from Confidence Models Ltd, then Confidence Models Ltd reserves the right to charge the same rate as the other company.
Additional Fees – To be Negotiated at the time of booking
7. Usage. Additional fees are payable for the right to use the photographs (or reproductions or adaptations of or drawings there form 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 permitted use (e.g. packs, posters, show cards, record covers etc). In general the additional fees cover the right to use on image for one year from the date of the booking in the United Kingdom only for the purpose or purposes agreed whether or not appropriated.
8. Territory. Additional fees are also payable for the right to use the photographs (or reproductions or adaptations of or drawings there from either complete or in part alone or in conjunction with any wordings or drawings including electronic imaging) for all known anticipated territories other than the United Kingdom. In general the additional fees cover the right to use one image for one year from the date of the booking in the territory or territories agreed.
To be agreed after the time of booking.
9. Usage. It is the client’s responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for any usage which may be required or anticipated subsequent to the tome of booking as per 10 above.
10. Territory. It is the client’s responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 10 above.
11. All fees for the right to use pictures once agreed are payable irrespective of whether the pictures are used or not.
Agency Fees
12. All bookings except equity contract TV commercials: the agency charges a supplement of 20% on all hourly daily and usage fees. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model disbursement is included at 66.66% and the agent’s fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
13. For TV Commercials involving an agreed buy out: Confidence Models Ltd will charge a supplement of 20% on both the shoot fee and the buy out fee.
14. Invoicing. On all invoices payment is required with 14 (can change this to 30 days or on presentation of invoice you choose) days of the date of the invoice. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. Confidence Models Ltd reserves the right to invoice the ‘ultimate client’ (i.e. designer, manufacturer, owner of the product in question). All fees for usage are for the right to use the models image and once agreed are payable whether it is used or not. Unless the agent specifically agrees otherwise in writing no usage of the model’s image is permitted until payment is made in full. Confidence Models Ltd reserves the right to alter payment terms if it is appropriate prior to the booking.
15. Exclusion Fees. A special fee will be negotiated when the work 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 they are able to work for any competitor unless an exclusion fee is negotiated at the time of booking.
Provisional bookings
16. Provisional bookings will be cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is confirmed and the provisional booking cannot be confirmed.
Cancellations
17. If a booking is cancelled within 48 hours of the starting time then the full booking fee will be charged unless the model is re-booked within 24 hours in which case half the booking fee will be incurred.
18. Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking then the full booking fee will be charged.
Weather Permitting Bookings
19. On the first cancellation half the booking fee will be charged unless in the case where the client fails to notify Confidence Models Ltd in time to prevent the model’s attendance in which case the full booking fee will be charged. On the second cancellation the full booking fee will be charged.
Meals
20. Clients are responsible for models’ meals on all bookings outside of London.
Fashion Shows
21. Payment of the agreed fee confers the right to make use of the 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.
Music Videos
22. All fees for music videos will be negotiated on an individual basis. There will be a fee for the shoot plus a buyout fee. If the client is not booking directly then the ultimate client will be invoiced (record company).
Test and Experimental Photography
23. A photographer is not permitted to use test and experimental photographs for commercial use unless a fee has been negotiated before the time of the photographic session.
Copyright
24. The photographer/client is not entitled to use any of the images taken for any usage beyond that agreed under sections 2 and 9 through to 13.
Insurance
25. Confidence Models Ltd is not responsible if a model fails to attend a booking. The client is advised to insure against any losses which may be incurred if a model does not keep a booking because of ill health or any other reason.
Contract
26. All matters relating to the use of a model’s image or any other services supplied by the model and all fees must be negotiated and agreed only with the agent which in this instance is Confidence Models Ltd. If a client, photographer or any other person connected with them obtains the model’s signature on any document or the models verbal agreement to anything shall not have a bound agreement until on the model or agent until it has been agreed in writing by the agent.
Complaints
27. Any cause for complaint should be reported when it arises either by verbal pursuit or in writing to name of company. Complaints cannot be considered in retrospect.
Please Note
28. All fees are to be negotiated ONLY with Confidence Models Ltd.
29. Confidence Models Ltd reserves the right to negotiate within the structure of these terms and conditions.
30. Whilst every endeavour is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for the model’s conduct on any assignment.
31. As the provider of these terms and conditions, we take precedence over any terms and conditions which may be received from the client, even if those terms and conditions have clauses similar to this.
34. Portfolio shoots
Require a minimum of 50% booking fee on request. Fees non refundable. Please arrive early and contact the team if there are any unexpected delays.
