1. BOOKING FORM
As required by Department of Employment regulations, The Casting Network Ltd
booking form containing the terms of the booking, must be signed and returned
by the client.
2. BOOKING FEES
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/HOURLY RATE
Booking fees are charged by the day or by the hour. Extra half hours or parts
of half hours shall be paid at the half hourly rate. Equity contracts excluded,
the day booking is for an 8 hour period including a 1 hour lunch break. Unless
otherwise agreed the minimum bookings is for 2 hours.
4. OVERTIME
Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
(a) The overtime rate is one-and-a-half times the daily rate between 6pm and
12am.
(b) A special rate is negotiated for night work between 12am and 9am.
(c) Work on Saturday is one-and-a-half times the normal rate.
(d) Work on Sundays and Bank Holidays is at double the normal rate.
(e) If a model works over the pre-booked time the overtime worked between 9am
and 6pm will be charged at the normal hourly rate.
5. TRAVEL
Travel will be charged at half the hourly rate. This IS applied to travel outside
a 5 mile radius of Hyde Park Corner (ie. Chiswick in the West, Golders Green
and Highgate Village in North, Mile End in the East, Streatham Hill and Tooting
Bec in the South).
6. FITTINGS
Fees for fitting are charged at half the hourly rate with a minimum
of £20
per hour.
7. LOCATION BOOKINGS
If a model on location is prevented from returning to London to work, half the
daily fee is to be paid. (NB. When a location booking is made the client must
provide information about transport both to and from the location).
ADDITIONAL FEES
To be agreed at the time of the booking
8(a) Usage
Additional fees are also payable for the right to use the photographs (or reproductions,
or adaptations, or drawings therefrom, either complete or in part, alone or in
conjunction with any wording or drawings: including electronic reproduction)
for all known or anticipated purposes other than the initial Permitted Use. (eg.
Packs, posters, showcards, record covers etc.) In general the additional fees
cover the right to use one image for one year from the date of booking. In the
territory or territories agreed.
To be agreed after the time of bookings.
9(a) Usage
It is the client’s 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 booking as per 8(a) above.
9(b) Territory
It is the client’s responsibility to notify The Agency 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 8(b) above.
AGENCY FEES
10(a) All Booking Excepting Equity Contract TV Commercials:
The agency charges a supplement of 20% on all hourly, daily usage
fee. Both agency fees and model fees will be invoiced by The Agency.
Unless otherwise agreed at the time of booking the model disbursement
is included at included at 62.5% and the agency’s fee at
37.5% of the invoice total. VAT and any agreed expenses will be
added where appropriate.
10(b) Equity Contract TV Commercials:
The fee negotiated by The Agency is the artist’s fee from
which the agency commission will be deducted at 25% of the invoice
total. VAT and agreed expenses will be added where appropriate.
11. Payment
Terms
On all invoices payment is required within 20 days of date
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/manufacturer/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. We reserve
the right to add the interest at the rate of 1% per month to
overdue accounts without prejudice to our rights of recovery.
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
Provisional booking will be automatically cancelled if they are not confirmed
within 24 hours of the proposed booking, or if definite booking is offered and
the provisional cannot be confirmed.
14. Cancellations
If a booking is cancelled within one working day of the starting time the full
fee will be charged unless the same model is re-booked within 24 hours in which
case half the fee is charged.
If a booking is cancelled outside the one day period but within
two working days of the starting time then half the fee is charged.
However, if a booking is cancelled due to illness or some other
reason beyond the models’ or Agency’s
control (and upon the production of the appropriate evidence)
the model shall not be liable for cancellation charges. Booking
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, Sunday and Bank Holidays are excluded from
these calculations. This is a reciprocal arrangement between models
and client.
15. Weather Permitting
Bookings At the first cancellation, a half-fee is charged unless
the client fails to cancel in time to prevent the model’s
attendance, when the full fee is payable. At the second cancellation
the full fee is charged.
16. Meals
Clients are responsible for models’ meal on all bookings
outside the London area (see 5).
17. Fashion Shows
Payment of the agreed fees 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.
18. Music Videos
All fees will be invoiced to the record company or ultimate client. For all videos
the normal daily rates will apply PLUS a buy-out to be negotiated.
19.Test & Experimental Photography
A photographer is not entitled to use test and experimental photographs for commercial
purposes unless specified arrangements have been made before the photographic
session.
20. Copyright
The photographer is not entitled to use any of the images he takes
for any usage beyond that agreed under sections 2, 8 & 9 above. The photographer to this
extent agrees to restrict use of his/her copyright and if the model agency client
is not a photographer, the client is to draw these Terms & Conditions
to the attention of the photographer and obtain his agreement
to them before the shoot commences.
21. Insurance
The client is responsible for the model’s health and safety
when the model is travelling, or providing services, 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. 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. Jurisdiction
These Terms and Conditions for booking and all other matters connected with the
booking are governed by English law and any dispute will be settled in accordance
with the law by a court in England.
23. Complaints
Any cause for complaint should be reported to the Agency when it arises. Complaints
cannot be considered in retrospect.
PLEASE NOTE:
As the supplier of services these Terms & Conditions take precedence
over any
Terms & Conditions which may be received from the client even if
those Terms & Conditions have a clause similar to this.
* All fees are to be negotiated only with The Casting Network Ltd.
* Photographs may not be used until all fees are paid in full.
* Whilst every endeavour is made to provide satisfactory and efficient
service to our clients we cannot be held responsible for a model’s
conduct on an assignment.
* We reserve the right to negotiate within the structure of these
Terms & Conditions.
* It is client’s responsibility to arrange insurance if
indemnity is required against a
model’s inability to attend through sickness or unforeseen
circumstances. |