I Believe Management Ltd  (Company number 11678276) 

 

Client Terms & Conditions

Please read through carefully before booking a Model/Artist.

 

Definitions and Interpretation

 

‘Agency/Agent’ means I Believe Management Ltd.

‘Agreement’ means the contract between the Agent and the Client for services incorporating these Terms and Conditions.

‘Assignment’ means any services requested by a Client in connection with any form of entertainment, advertising, leisure, marketing or public relations activities that it is proposed that the model/artist undertakes.

‘Client’ means any third party, individual, partnership, company or other organisation or entity which contracts with I Believe Management Ltd with a view to procuring the services of the Model/Artist in respect of an Assignment.

‘Company’ means I Believe Management Ltd.

‘Good Industry Practice’ means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances.

‘Parties’ means the parties to this Agreement and Party means either of them, as the context requires.

‘Terms and Conditions’ means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by the Agent.

‘Territory’ means the UK.

‘Ultimate Client’ means the manufacturer/designer/owner of the product in question.

 

1. Booking Terms and Conditions

As required by the department of employment regulations, I Believe Management Ltd booking confirmation form containing the terms and conditions of the booking must be signed and returned by the Client before the shoot date. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the Client of these terms and conditions and they shall apply to and govern the booking between the Company and the Client.

 

2. Booking Fees

2.1 Permitted use

In general booking fees cover the right to use one image via a single published medium, unless otherwise agreed and included on the booking confirmation form, for one year from the date of the booking, in the United Kingdom only, for the initial permitted use;

2.1.1 such permitted use is subject to payment in full of all fees owed to the Company;

2.1.2 unless agreed otherwise on the booking confirmation form, online/digital usage is not covered, for example: Social media, apps, Client website, banners, pop-ups, marketing emails, online advertising, e-commerce, blogs etc.;

2.1.3 online usage involving a third party is strictly prohibited unless specifically agreed the Company;

2.1.4 overseas coverage must be specified and agreed and included on the booking confirmation form at the time of booking.

2.2 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 half the hourly rate. Equity contracts excluded. The day booking is for a seven (7) hour period including a one (1) hour lunch break. Unless otherwise agreed the minimum booking is for two (2) hours.

2.3 Overtime

Overtime rates apply before 09:00 and after 18:00 and on all bookings over a seven (7) hour period;

2.3.1 the overtime rate is at one and a half times the hourly rate between 18:00 and 00:00;

2.3.2 a special rate is negotiated for night work between 00:00 and 09:00.

2.4 Fittings

Fitting fees are charged at half the hourly rate with a minimum fee of £25 per hour.

2.5 Travel

All reasonable travel costs will be reimbursed with a valid receipt. Petrol will be reimbursed at a cost of 25 pence per mile calculated from the Model/Artists home postcode to the shoot location postcode.

2.6 Additional expenses

All expenses incurred by the Agency on the Client’s behalf will be charged to the Client and will include an uplift of 12.5% of the total amount of the expenses.

2.7 Location bookings

When a location booking is made, the Client must provide transport for the Model/Artist both to and from the booking location unless agreed otherwise.

2.7.1 If the Client fails to provide such transport then the Agency shall be entitled to re charge the transport costs for the Model/Artist in accordance with section 2.6).

 

3.Additonal Fees

To be agreed at the time of the booking or before any additional usage.

3.1 Usage

Additional fees are payable for the right to use the Model/Artists image (or reproductions, or adaptions of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) for all known or anticipated purposes other than the initial permitted use (for example, packs, posters, show cards, record covers, swing tickets etc.). Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed;

3.1.1 under no circumstances will each additional usage fee be less than the Model/Artists advertising day rate.

3.2 Territory

Additional fees are also payable for the right to use the Model/Artists image (or reproductions etc. as set out in 3.1 above) for all known or anticipated territories other than the United Kingdom:

3.2.1 unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed;

3.2.2 under no circumstances will each usage fee be less than the model’s advertising day rate unless otherwise determined by the Agency in its absolute discretion.

3.3 Other services

Additional fees are also payable for other services to be supplied by the Model/Artist, for example, personal appearances for PR purposes. Fees for these services will be negotiated on an individual basis.

3.4 Please ensure you are aware of our Company fees before booking Models/Artists for additional services for example, wardrobe fittings and recalls, where you are unsure of the fee payable contact the Company directly.

 

4. Agency Fees

4.1 All bookings, except equity contract TV commercials will be subject to a supplement of 20% on all fees including without limitation hourly, daily and overtime fees and for the right to use all fees for any other service to be supplied by the Model/Artist.

4.1.1 The Agency reserves the right to charge the same fees as another agency, should a child from another agency be used for the same job as a child from the Company.

4.1.2 Both Agency fees and Model/Artist fees will be invoiced by the Company.

4.2 Equity contract TV commercials in the United Kingdom.

The fee negotiated by the Agency is the Model/Artist fee from which an Agency commission will be deducted at 20% of the invoice total.

4.3 Non equity contract TV commercials worldwide

The Model/Artist disbursement and Agency fees will be charged in accordance with 4.1) and applies to all TV commercials shot for use outside of the United Kingdom irrespective of where the fee is paid.

4.4 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 Clients responsibility to check whether conflicting work has been done. If a Model/Artist advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.

4.5 Value added tax – VAT.

All sums payable are exclusive of VAT and any other similar or equivalent taxes or duties which shall be payable in full without set off by the Client.

 

5. Invoicing

5.1 Payment terms.

On all invoices payment is required within seven (7) days of date of invoice. In all cases the person booking the Model/Artist is the Client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Agency reserves the right to invoice the “Ultimate Client” (i.e. manufacturer/designer/owner of the product in question), for example this may be done if the Client and the “Ultimate Client” are jointly and severally liable to pay the invoice accordingly. All fees for usage are for the right to use the Model/Artists image and, once agreed, are payable whether or not the right is exercised. Unless the Agent specifically agrees otherwise, in writing, no usage for the Model/Artists image is permitted until payment is made in full. The Agency reserves the right to alter payment terms if it deems appropriate prior to booking.

5.2 If the Client fails to pay the invoice in full on the due date any amount which is payable to the Agency, without prejudice to any other right or remedy of the Agency the amount outstanding shall bear interest both before and after any judgement at 5% per annum over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.

5.3 Late payment will incur a 15% finance charge.

5.4 Usage is to be paid to I Believe Management Ltd for additional use for all footage, images and data that was achieved whilst a Model/Artist was registered with I Believe Management, whatever the circumstances or time lapse involved (including the Model/Artist having left the Agency, or being represented by another). In the event an artist leaves the Agency and cannot be contacted any fees paid to the Agency in such circumstances will remain in a Client account for a period of twelve (12) months, after which time will become the property of the Agency.

 

6. Provisional Bookings

Provisional bookings will be automatically cancelled if they are not confirmed within twenty-four (24) hours of the proposed booking, or if a definite booking is offered and the provisional booking cannot be confirmed.

 

7. Cancellations

7.1 If a booking is cancelled within twenty-four (24) hours of the starting time the full fee will be charged unless the same model is re-booked by the same Client within twenty-four (24) hours in which case half of the fee is charged.

7.2 If a booking is cancelled outside the twenty-four (24) hour period but within forty-eight (48) hours of the starting time then half the fee is charged.

7.3 Bookings of more than three (3) days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. However, if a booking is cancelled due to illness or some other reason beyond the Model/Artists or Agency’s control (and upon the production of the appropriate evidence) the Model /Artist shall not be liable for cancellation charges. Saturdays, Sundays and Bank holidays are excluded from these calculations. This is a reciprocal arrangement between the Model/Artist and the Client.

7.4 Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice and take steps to offer a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover to protect against such cancellation and any associated liability.

 

8. Weather Permitting Bookings

If a booking is ‘weather permitting’, this must be made clear at the time of booking. At the first cancellation half the booking fee is charged unless the Client fails to cancel in time to prevent the Model/Artist’s attendance, where the full booking fee is payable. At the second cancellation, the full booking fee is charged.

 

9. Meals

Clients are responsible for providing all meals and beverages requirements of the Model/Artist (taking into account any dietary requirements) whilst the Model/Artist are providing services to the Client on all bookings.

 

10. Model/Artist Care and Safety

The Client shall ensure that the Model/Artist is treated with respect and professionalism and will take all necessary steps to ensure the safety, health and well being of the Model/Artist is protected and maintained at all times whilst providing services to the Client.

10.1 The Client shall ensure that the venue conditions are safe and secure and comply with all health and safety standards, regulations, codes and laws.

10.2 The Client shall ensure that the Model/Artist can take suitable and regular rest and refreshment breaks.

10.3 The Client shall ensure that all people and organisations that are engaged by the Client are suitably qualified, professional and experienced when working with the Model/Artist.

10.4 The Client shall ensure that no one imposes upon the Model/Artist any action or activity which is either unprofessional, dangerous, degrading, or demeaning to the Model/Artist.

10.5 The Client shall ensure that the Model/Artist is treated in accordance with The British Fashion Model Agents Association (formerly BMA) Code of Practice and shall provide an appropriate changing and dressing area to ensure that the Model/Artist maintains his/her privacy.

10.6 The Client shall maintain adequate insurance cover to safeguard the health, safety and future earnings of the Model/Artist whilst travelling to and from the Client’s venue as if the Model/Artist were an employee of the Client.

10.7 It is not permitted for a Client to have direct contact with a Model/Artist/Parent/Guardian without prior arrangement by the Agency and in writing. Any arrangements made with, or contractual obligations agreed to, by the Model/Artist/Parent/Guardian, with the Client and without the written agreement and/or knowledge of the Agency will not stand and the Company accepts no culpability for such agreements.

 

11. Warranties

The Client warrants and represents to the Agency that it has full capacity to enter into and perform its obligations under these terms and conditions including:

11.1 an authorized representative of the Client executes 11.1 of the booking form.  

11.2 It has all necessary permits and licences required to perform its obligations under these terms and conditions and in compliance with all applicable laws, regulations, orders, enactments, and other similar instruments.

11.3 It will promptly disclose to the Agency in writing all necessary information including the location and length of the shoot and requirements for any foreign travel and other details relating to the provision of the services therefore enabling the Agency to ensure that the Model/Artist is suitably prepared and able to perform the services.

11.4 It will take all steps necessary to ensure that the Model/Artist is protected and treated in accordance with good industry practice, all applicable laws and section 10 under the terms and conditions.

 

12. Fashion Shows

Catwalk bookings give the right to make use of a Model/Artists services on the catwalk for the specified show and the right to allow photographers 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 3.1) is for reporting purposes only. The Client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required that must be negotiated and agreed with the Agency at the time of booking.

 

13. Music videos and Promotional Films

All fees will be negotiated on an individual basis and be paid for by the Client. Normally there will be a fee for the shoot plus additional buyout. If not booking direct the record company will be invoiced as the Ultimate Client (see 5.1).

 

14. Test and Experimental Photography

14.1 A Photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made and before the shoot commences.

14.2 The photographer has visited the shoot location and ensured it is both safe and fit for a shoot. If, in the Model/Artists opinion there is any risk to health and safety they may decline to proceed.

 

15. Copyright and Intellectual Property Rights

15.1 The photographer and/or the Client are not entitled to use any of the images he/she takes for any usage beyond that agreed under sections relating to usage above. The photographer and/or the Client to this extent agree to restrict the use of the copyright content of the photograph or any other intellectual property rights. If the Agency Client is not a photographer, the Client is to draw all of these Terms and Conditions (1-22) to the attention of the photographer and obtain his/her agreement to them before the shoot commences.

15.2 The Client acknowledges and agrees that the Agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the Model/Artist and the Agency and the Client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Model/Artist or the Agency other than the rights specifically granted to the Client under these terms and conditions.  All rights not expressly granted to the Client under these terms and conditions are hereby reserved to the Agency and/or the Model/Artist as appropriate.

 

16. Liability and Insurance

The Client is responsible for the Model/Artists health and safety when the Model/Artist is travelling, or providing services, in connection with the booking to the same extent as if the Model/Artist were an employee of the Client.

16.1 The Client will maintain adequate insurance cover to underwrite its obligations to the Model/Artist.

16.2 The Agent is not responsible if the Model/Artist fails to attend the booking.

16.3 It is the Clients responsibility to arrange insurance if indemnity is required against a Model/Artists inability to attend through sickness or unforeseen circumstances.

 

17. Contract Authority

All matters relating to the use of the Model/Artists image, any other services supplied by the Model/Artist and all fees must be negotiated and agreed only with the Agency. It is not permitted for a Client to have direct contact with a Model/Artist/Parent/Guardian without prior arrangement by the Agency and in writing. Any arrangements made with, or contractual obligations agreed to, written or verbal by the Model/Artist/Parent/Guardian, with the Client and without the written agreement and/or knowledge of the Agency, will not be binding on the Model/Artist/Parent/Guardian or the Agency and I believe Management Ltd accepts no culpability for such agreements.

 

18. Complaints and Disclaimer

Any cause for complaint must be reported as soon as it arises. Complaints cannot be considered in retrospect. Whilst every endeavor is made to provide a satisfactory and efficient service to our Clients, we cannot be held responsible for a Model/Artists conduct or behaviour on an assignment and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the conduct and behavior of any Model/Artist

 

19. Force Majeure

Neither Party is to be liable to the other for any delay or failure to perform any of its obligations under this Agreement due to any cause beyond its control and which cannot be reasonably anticipated or is unknown to by the Agency including and without limitation, flood, fire or catastrophe, acts of God, Insurrection, workforce action, war or riots, (an “Event of Force Majeure”) and the Parties obligations under this Agreement shall be suspended for so long as the Event of Force Majeure continues.

 

20. Interpretation of Terms and Conditions

As the supplier of services, these terms and conditions take precedence over any terms and conditions, which may be received from the Client even if those terms and conditions have a clause similar to this. We reserve the right to negotiate within the structure of these terms and conditions.

 

21. Governing Law and Jurisdiction

The parties agree that 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 that law by a court in England.

 

21. Severability

21.1 If any of the terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable, such term and/or condition, will be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

21.2 The parties agree to keep these terms and conditions strictly private and confidential and to instruct its agents, employees, advisors and subcontractors to keep and not to disclose any details relating to these terms and conditions.

21.3 No amendment or variation of these terms and conditions shall be valid and binding unless put in writing and signed by an authorized representative of each party.

21.4 The Client acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and that of the Model/Artist and accordingly the Model/Artist shall be entitled to enforce these terms and conditions as if the Model/Artist were a party to these terms and conditions.

 

22. Children’s Performance Regulations 

‘Children and Young Persons Act 1933 and 1963. The Children (Performances and Activities) (England) Regulations 2014’

Children under sixteen (16) years of age require a licence for paid performances. It is the Clients responsibility to licence the children. It takes a minimum of five-ten (5-10) working days, depending on the council involved.

22.1 Please note that should you wish the Company to apply for a Childs Performance Licence on your behalf, adequate notice should be given and there will be a fee of £30 per application, whether or not the licence is secured.

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© 2018 by  Lois Manning photographer@ibelievemanagement.com