CLIENT TERMS AND CONDITIONS
Please read this before booking a model.
In these Terms and Conditions the “Agency” means MOT Limited and “the Client” means the person firm or company named as such on the Booking Confirmation (“Booking Confirmation”).
The meanings of words and expressions used in these Terms and Conditions have those meanings attributed to them by the Model Agency industry in the ordinary course of business.
1. TERMS AND CONDITIONS
1.1. These Terms and Conditions supercede any other oral or express agreement or arrangement and take precedence over any terms and conditions that may be received from the Client (even if those terms and conditions have a clause similar to this clause) unless otherwise agreed prior to the Assignment.
1.2. These Terms and Conditions should be read in conjunction with the terms contained in the Booking Confirmation and invoice and the Client undertakes to notify all interested third parties affected or potentially affected by these Terms and Conditions that they apply to the Assignment.
2.1. All models introduced by the Agency to a Client or to its agent must be booked through the Agency unless the model’s resignation from the Agency has been expressly notified to the Agency.
2.2 It is a statutory requirement that a Booking Confirmation which contains the terms of the booking sent by the Agency to the Client must be signed and returned by the Client and the Client’s failure to do so may result in the booking being cancelled without notice.
2.3. Any amendments discrepancies or changes to the Booking Confirmation must be expressly notified to the Agency prior to the return of the signed Booking Confirmation.
2.4. Provisional bookings will be cancelled if they are not confirmed within 24 hours of the proposed Assignment.
3.1. Shoot Fees
3.1.1. Shoot fees are charged either by the day (9.00 a.m. until 6.00 p.m. with one hour for lunch) or by the half day (four hours) or by the hour. The minimum booking period is 2 hours. Run-on rates are shown on the Booking Confirmation.
3.1.2 All queries or issues regarding the booking must be raised with the agency within 48 working hours of completion of the booking.
3.2. Overtime Rates
3.2.1. Overtime rates apply before 9.00 a.m. and/or after 6.00 p.m. The overtime rate charged for work between 6.00 p.m. and midnight is one and a half times the normal rate. A special rate is charged for night work between midnight and 9.00
a.m. the following day. Saturdays are charged at one and a half times the normal rate. Sundays and Bank Holidays are charged at double the normal rate.
3.3. Usage Fees
3.3.1 Usage fees may be included in the shoot fees or may be itemised separately as specified on the Booking Confirmation.
3.3.2 The Agency reserves at all times the right to charge additional usage fees and such charge shall include direct or indirect derivations representations in whole or in part in any form for any purpose whatsoever of the original image regardless of whether or not the image may be recognised.
3.4. Exclusivity fees
3.4.1 The Agency charges an additional exclusivity fee where the Client requires that a model does not work for a Client’s competitors (or another Client) however the Agency does not warrant the exclusivity of a model’s use.
3.5. Mixed Agency Fees
3.5.1. The Agency reserves the right to match third party agency fees where models from another agency are doing similar work on an Assignment.
3.6. Cancellation Fees
3.6.1. The following cancellation fees will be due if an Assignment is cancelled (directly or indirectly) by the Client as follows:-
18.104.22.168 A full fee will be charged if the cancellation occurs within three working days of the Assignment start time unless the same model is booked again within 24 hours of the cancellation in which case half the fee will be charged.
22.214.171.124. Half the fee will be charged if the cancellation occurs outside three working days (but within ten working days) of the Assignment start time.
3.7. Weather Cancellations
3.7.1. A first cancellation due to adverse weather conditions will be charged at half the fee rate (provided that the cancellation is made in time to prevent the model’s attendance on the day of the Assignment failing which a full fee will be charged).
3.7.2. A second or subsequent cancellation will be charged at the full fee rate.
3.8. Casting Fees
The Agency reserves the right to charge a casting fee irrespective of whether the Client confirms a booking or contracts for an Assignment.
Overruns notified to or by the Agency may be charged to the Client at any time before or after the Assignment regardless of any prior agreement to the contrary.
3.10. Commission Charges
3.10.1. All Agency commission charges charged in addition to any fees due to the Agency are payable exclusively either by the Client or by the person firm or company named in the invoice.
3.11.1 Payment of any fees disbursements expenses commission or other amounts due to the Agency are payable up to 30 days from the invoice date.
3.11.2 The Client remains (at all times) principally liable for any indebtedness and for the payment of all monies due to the Agency however it is also hereby agreed that if for any reason the Client fails to pay any monies due (whether in whole or part) then the person firm or company named in the Booking Confirmation as having made the booking will be liable for payment of any monies due to the Agency regardless of whether such a person purports to act as the Client’s agent.
3.11.3 No right or title in any image is transferred or created until payment is made to the Agency of all sums due (whether formally demanded or not) to the Agency and until then no person firm or company may use any image for any purpose whatsoever.
VAT will be charged in accordance with Value Added Tax Act 1994 or such statute from time to time applicable.
4. MODEL'S EXPENSES
4.1. Assignment Day Travel Rates
4.1.1. Travel on Assignment days will be charged at half the normal hourly rate for the duration of the journey time for all Assignments outside a five mile radius of Hyde Park Corner London.
4.2 Non Assignment Day Travel Rates
4.2.1. Travel on any days preceding or succeeding the Assignment day will be charged at one half of the normal daily rate for a whole or part of a day of travel.
4.3.1. The Client will provide appropriate meals where the Assignment traverses (in whole or in part) a usual meal break.
4.4. Extra Expenses
The Agency reserves the right to charge the reasonable expenses incurred by the model in fulfilling the Assignment.
5. USE OF IMAGES
The Client hereby undertakes to notify and enforce the provisions of this clause 5 to and against all persons directly or indirectly participating in an Assignment.
5.1. Unauthorised Use of Images
5.1.1. The Agency is not liable to the Client or the person named in the Booking Confirmation or any other person for any costs claims or proceedings which may arise from any unauthorised use of any image and the Client or person named aforesaid acknowledges and warrants to the Agency the lawful proper and authorised use of any image.
5.2. Third Party Use of Images
5.2.1. All persons (incorporated or otherwise) who participate in an Assignment (directly or indirectly) acquire no implied or express rights to use any image in any form or for any purpose whatsoever and any use of any image must be with the express consent of the Agency save that an image may be stored in a portfolio and may only be used for strictly limited non-exploitative and non-commercial purposes.
5.3. Authorised Use of Images
5.3.1. Any and all rights for the use of any images (“Initial Usage”) must be agreed with the Agency prior to the booking. The then agreed Initial Usage (including the period media and territory) will be shown on the Booking Confirmation sent by the Agency to the Client. Any discrepancy in the Booking Confirmation must be expressly notified prior to the start of the Assignment and any additional usage after the Assignment (including extensions of existing usage agreements) must also be expressly notified. The Agency reserves the right to invoice the Client such fees as it deems reasonable if the additional use of the mage is not expressly notified to and agreed by the Agency.
5.4. Photographer’s Use of Images
5.4.1. Where the Client is the photographer on an Assignment the Client is not entitled to use any
image taken for any use other than for his or her own personal portfolio and all image usage must
be agreed charged and have been paid for through the Agency and the Client hereby agrees so to
restrict his use and the application of his intellectual property rights and if the Client is
not the photographer the Client hereby undertakes to draw these Terms and Conditions to the
attention of the photographer and is deemed to have obtained the Photographer’s agreement
(oral or express) to these Terms and Conditions and in particular to this clause before the
5.4.2. Neither the Client nor the photographer is entitled to use either test or experimental images for commercial purposes of any kind.
5.5 Product/Service Promotion
The use by the client of any image(s) obtained pursuant to an assignment is restricted
to the product service or purpose the subject of the original assignment and no image(s) may
be used in any manner whatsoever (whether commercially exploitative or not) for any other
purpose regardless of any assumed, proposed, supposed or alleged connection between
assignment and any other product service or purpose.
6.1.2. It is the Client’s responsibility to arrange insurance of all kinds for an Assignment and this includes personal and third party liability insurance at an Assignment and indemnity insurance for a model’s non-attendance.
The client hereby undertakes to obtain all permissions consents licences authorisations and other approvals (whether statutory or otherwise) which may from time to time be required from any person or competent authority for the carrying out of the Assignment.
6.3.1. The Agency will not accept any liability whatsoever for any loss costs claims or proceedings incurred by a Client in connection with any Assignment.
6.4. Material Produced
6.4.1. The Client hereby undertakes to provide a copy (in a reasonably acceptable format) of the finished work of an Assignment and to accredit the Agency and the model in any reference to the Assignment.
6.5.1. The Client hereby undertakes for himself and to procure that all persons involved (directly or indirectly) with an Assignment shall keep all information (express or oral) confidential.
6.6.1 No waiver by the Agency of any breach by the Client shall be considered as a waiver of any subsequent breach of the same or any provision.
6.6.2. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
6.7.1 All disputes differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing arising out of the contract or in any way connected therewith shall at the discretion of the Agency be referred to the arbitration of a single arbitrator acting as an expert who shall be agreed between the parties or who failing such agreement (within one month) be appointed by the President of the Law Society of England and Wales.
6.8 English Law
6.8.1. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
6.9 Refund Policy
6.9.1 Refunds may only be offered at the discretion of the management.