It is essential that all clients read these terms & conditions for booking models and promotions personnel. All bookings are subject to these terms & conditions however Headline Models (the Agent) reserves the right to negotiate within the structure of these terms & conditions.
The Working Day
1. A day's work is eight hours (excluding Equity contracts) including a one hour lunch break (Shops Act 1950). Normal rates apply to bookings between 0900 and 1800 hours.
2. Permitted Use: In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
3. Daily Rates : Booking fees are charged by the day or Half Day/A full days bookings is 8 hours.
The Working Day
A day's work is eight hours (excluding Equity contracts) including a one hour lunch break (Shops Act 1950). Normal rates apply to bookings between 0900 and 1800 hours.
Rates will be negotiated between Headline Models and the client
4. Overtime : Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
a) Over time shall be charged at an additional rate per hour for all hours worked between the hours of 1800 and 2400 hours.
b) Overtime between 2400 and 0900 shall be negotiated prior to commencement.
c) Work on Saturdays is at one and a half times the normal rate.
d) Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel: Will be charged at half the hourly rate; this applies to travel outside a 5mile radius of Newcastle city Council
6. Fittings: Fees for fitting are charged at a rate of £35 per hour.
7. Location Bookings: If a model on location is prevented from returning to their base to work - half the daily fee is to be paid (NB: when a location booking is made the client must provide information about transport there and back).
To be agreed at the time of initial enquiry
8(a). Usage: Additional fees are 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 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, Swing Tickets etc.). In general, the additional fees cover the right to use one image for one year from the date of the booking. In the UK alone for the purposes or purposes agreed.
8(b). 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 wording or drawings: including electronic imaging) for all known or anticipated territories other than the UK. 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(a) Usage it is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of bookings as per 8a above.
9(b) Territory It is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 8b above.
10(a) All bookings except Equity Contract TV commercials: the agency charges the client a supplement fee of 25% on all hourly, daily and usage fees. Both agency fee and models fees will be invoiced by the agent. Unless agreed at the time of booking the model disbursement is included at 69% and the agent’s fee at 30% of the invoice total. Any agreed expenses will be added where appropriate.
10(b) Equity Contract TV commercials: the fee negotiated by the agent is the models fee from which the agency commission will be deducted at 25% of the invoice total. Any agreed expenses will be added where appropriate.
11. On all invoices payment is required within 30 days of invoice in all cases the person booking the model will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. We reserve the right to invoice the ‘ultimate client’ (i.e.: designer / manufacture / owner of the product in question. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
12. 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 he/she is able to work for any competitor unless an exclusion fee is negotiated.
13. Provisional bookings 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.
14. If a booking is cancelled within one working day within the starting time half the fee will be charged unless the same model is rebooked within 24 hours. Cancellations will not be taken outside of office hours in the form of recorded telephone messages or fax messages. This includes weekends and bank holidays.
If a booking is cancelled outside the one day period but within two working days of the start time then half the fee will be charged. However, if a booking is cancelled because of illness or some other reason beyond the models or agents control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges.
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 fee is charged. Saturdays, Sundays, and bank holidays are excluded from these calculation.
This is a reciprocal arrangement between model and client.
15. Weather Permitting Bookings At the first cancellation, a half fee is charged unless the client fails to cancel in the time to prevent the models attendance, when the full fee is payable. At the second cancellation the full fee is charged.
16. Clients are responsible for models’ meals on all bookings outside a 5 mile radius of Newcastle City Centre
17. Catwalk bookings give the right to make use of a models services on the catwalk for the specified show and the right to allow photographer’s to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc. as set out in 8b above) is for REPORTING PURPOSES ONLY. It is the client’s responsibility to ensure that all photographers present are aware of this condition and abide by it. Any other usage must be negotiated at the time of the booking.
18. Negotiated fees will usually include a shoot fee and a buyout. Fees will be invoiced direct to the record company.
19. A photographer or client is not entitled to use test and / or experimental photography for test commercials for commercial purposes unless specific arrangements have been made with the model agents prior to the test.
20. 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 that agreed or permitted under sections 2, 8 , 9 17 and 18 above. The photographer / client to this extent agrees to restrict use and exploitation of the copyright if the client is not the photographer the client is to draw all these Terms and Conditions (1 -23) to the attention of the photographer and obtain his agreement to them before the shoot commences.
21. The client is responsible for the models’ health and safety when the model is traveling, or providing the services in conjunction 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.
The agent is not responsible if the model fails to attend the booking. The client is advised to insure against any losses, which might result if the model does not keep a booking because of ill health or some other reason.
22. These Terms and Conditions for booking and all other matters connected with booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.
23. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
24. All photographs taken by Headline Models Ltd remain property of Headline Models ltd.
As the supplier of services these Terms and Conditions take precedence over Terms and Conditions which may be received from the client even if those Terms and Conditions have a clause similar to this.
All fees are to be negotiated only with Headline Models Ltd Photographs may not be used until all fees are paid in full Whilst every endeavour is made to provide satisfactory and efficient services to our clients we cannot be held responsible for a model’s client on an assignment.
We reserve the right to negotiate within the structure of these Terms and Conditions.