MODELS PLUS - Terms and Conditions

We request that clients take note of the following before booking any service from ModelsPlus

Booking procedure

1.    In accordance with Department of Employment regulations, a ModelsPlus booking form containing the terms of the booking must be signed and returned by the client.

Booking Fees

2.   Permitted use. Unless otherwise specified, an initial booking fee will normally cover the right to the use of one image for one year from the date of the booking in the UK only.

3.   Daily/Hourly rate. A booking fee will be charged by the day or by the hour.

4.   Overtime. Standard working hours are those between 9.00am and 6.00pm. Any bookings before or after these times, or for over 8 hours, will be charged at overtime rates. Bank holidays and Sundays will be charged at double time.

5.   Fittings. Fittings will be charged at half the hourly rate with a minimum of £75 per hour (minimum 2 hour booking).

6.   Travel. Travel expenses will be charged at half the hourly rate for any area outside a five mile radius of central London.

7.   Other agencies. If models from other agencies are working on the same assignment, providing the same services as ModelsPlus models, we reserve the right to charge the same fee as the other agencies.

Additional fees

To be agreed at the time of the booking:

8a.   Usage. Additional fees are payable for the right to use the photographs for all known or anticipated purposes other than the initial permitted use. The additional fees generally cover the right to use one image for one year from the date of booking, in the UK only, for the purpose agreed, whether or not appreciated.

b.   Territory. Unless otherwise arranged or specified, fees quoted are generally for the UK only, for 1 year from the date of booking (see 8a).

To be agreed after the time of the booking:

9a.   Usage. It is the client's responsibility to notify the agent and negotiate additional fees for any usage that may be required or anticipated subsequent to the time of booking (see 8a).

b.   Territory. It is the client's responsibility to notify the agent and negotiate additional fees for any territory that may be required or anticipated subsequent to the time of booking (see 8b).

Agency fees

10a.   All bookings excepting equity contract TV commercials. The agency charges a supplement of 20% on all hourly, daily and usage fees. Both agency 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 agents fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.

b.   Equity Contract TV Commercials. The fee negotiated by the agent is the artist's fee from which the agency commission will be deducted at 20% of the invoice total. VAT and any agreed expenses will be added where appropriate.

11.   Payment on all invoices 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'. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated. No use of pictures is permitted unless and until all relevant fees have been paid.

12.   Exclusion Fees. A special fee will be negotiated when the work is in conjunction with a product that preludes 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 a competitor unless an exclusion fee is negotiated.

Provisional Bookings

13.    Provisional bookings will be cancelled automatically if they are not confirmed within 24 hours of the proposed booking.

Cancellations

14a.    A cancellation fee of 50% will be charged if the job is cancelled within seven working days of the booking. The full fee will be charged in the event of a cancellation within 24 hours of the work being undertaken.

b.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.

15.   Weather-permitting Bookings At the first cancellation, a half fee is charged unless the client fails to cancel in time to prevent the models attendance, when the full fee is payable. At the second cancellation, the full fee is payable.

Direct Bookings

16.    In the event of a model introduced by ModelsPlus entering into a direct booking with a client, normal commission rates will apply.

Insurance

The client is responsible for the models health and safety when the model is travelling, or providing a service 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.

Meals

17.    Clients are responsible for models' meals on all bookings outside the London area (see 6)

Videos

18.    All fees will be invoiced to the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.

Fashion Shows

19.    Payment of the agreed fee confers 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 the booking.

Test & Experimental Photography

20.    A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.

Copyright

21.    The photographer is not entitled to use of the images he takes for any usage beyond that agreed under sections 2, 8 and 9 above. The photographer to this extent agrees to restrict use of his 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 agreement before the shoot commences.

Complaints

22.    Any cause for complaint must be reported within 3 hours of the booking. Complaints cannot be considered in retrospect, nor can we be held responsible for any extra expenses incurred.

Jurisdiction

23..    These terms and conditions for the booking and all the 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.

Please note

All fees are to be negotiated with ModelsPlus

A booking will not be accepted by e-mail

Whilst every reasonable endeavour is made to provide a satisfactory and efficient service to our clients, we cannot be held responsible for a models conduct on an assignment.

ModelsPlus cannot be held responsible for any costs incurred as a result of the lateness of a model in attending a booking.

ModelsPlus reserves the right to negotiate within the structure of these terms and conditions.

It is the client's responsibility to arrange insurance if indemnity is required against a model's inability to attend through sickness or unforeseen circumstances.

As the supplier of services, these terms and conditions 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.