Clients Terms & Conditions

Terms and Conditions for booking models

All clients should read and understand the following before booking a model.

 

1.       INTERPREATATION 

For the purpose of this agreement, the following industry abbreviations will apply: 

‘Agency’ means EvV® Models Limited 

‘Model’ covers anyone we represent

‘Booking’ means any job or assignments including but not limited to photographic, commercials, video, film, TV production, events on which a person has been booked by EvV® Models 

‘Client’ means the person or comply named on the booking confirmation for whom EvV® Models has agreed to provide models.

 

2.       INTRODUCTION 

EvV® Models Limited is a registered modelling and support agency under the company number 10665946 providing agency services to models who are engages on a self-employed basis (exclusive and non-exclusive contractors).

Any model introduced to a client by EvV® Models may only be booked through EvV® and may not be contacted directly by the client. EvV® Models reserves the right to invoice the client any fees to cover all losses incurred in the event of this. If contact details are given to discuss logistics prior to a booking, the client must discard these after the booking has been completed.

 

3.       BOOKING CONFIRMATION 

EvV® Models booking confirmation containing the terms for the booking must be signed and returned by the client prior to the booking date. Failure to comply with this may result in the booking being cancelled without notice. 

 

4.       FEES

1. All fees are based on the following

Full day (8 hours) (including 1 hour break in between)

Half day (4 hours) 

Minimum booking (2 hours) 

This is unless different hours are agreed at the time of booking. 

2. The booking will be charged from the time specified by the client for the models arrival and detailed on the booking confirmation. If the shoot runs over the agreed finish time, an overtime rate will apply.

3. Overtime is charged at time and a half (150%) of the hourly rate and will be worked out on a half hourly basis. 

4. Both agency and model feed are included in the fees detailed on the booking confirmation and will be invoiced by EvV® Models with VAT added, and agreed expenses will be added. 

5. Unless already discussed, any model driving to a booking will charge 0.45ppm for travel. 

6. Non Assignment Day Travel Rates – 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. 

 

5.       PAYMENT 

1. On all invoices, payment is required within 15 days of the date of invoice. A 10% interest charge per month will be added to all invoices not settled within these payment terms. 

2. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the person booking the model, EvV® Models reserves the right to invoice the ‘ultimate client’ (i.e. designer/manufacturer/owner of the product in question). The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to EvV® Models in full.

3. All fees are for the right to use pictures or footage and, once agreed, are payable whether or not the use is appropriated.

4. If fees are invoiced to a client with an address outside the UK, any bank charges charged by the clients bank outside the UK and EvV® Models bank in the UK must be covered by the client. The full amount stated on the invoice must be credited to the EvV® Models bank account with no deductions for bank charges.

 

6.       USE OF IMAGES 

Contract and Authority

All matters relating to the use of the model’s image and commercial modelling rights, any other services supplied by the model and all fees must be negotiated and agreed only with the Agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything outside of the scope of these terms and conditions, such signature or verbal agreement shall not constitute a variation of these terms and conditions and is not binding on the model or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).

 

The client hereby undertakes to notify and enforce the provisions of this clause to and against all persons directly or indirectly participating in an Assignment. 

1. Unauthorised Use of Images 

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. 

2. Third Party Use of Images 

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. 

3. Authorised Use of Images 

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 image is not expressly notified to and agreed by the Agency. 

4. Photographer’s Use of Images

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 Assignment commences. 

5. Neither the Client nor the photographer is entitled to use either test or experimental images for commercial purposes of any kind. 

6. 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 the original assignment and any other product service or purpose.

 

7.       EXCLUSION FEES 

A special fee will be negotiated when the booking 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.

 

8.       COMPLAINTS AND DISCLAIMER

Any cause for complaint must be reported to the Agency by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the Agency will use reasonable endeavours to ensure that the models provide a satisfactory and efficient services to clients, as the agent, the model is self- employed and the Agency cannot be held responsible for a model’s conduct or behaviour whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.

 

9.       PROVISIONAL BOOKINGS

Provisional bookings, also known as options or pencils, 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.

 

10.    CANCELLATION FEES 

If a booking is cancelled within three working days 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 will be charged.

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.

If a booking is cancelled outside the five day period, 25% of the fee will be charged.

For trips and long bookings; if the booking is cancelled within a period equal to the length of the booking, if longer than three days, then the full fee will be charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations.

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 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.

 

11.    CASTING, FITTING & REHEARSAL FEES 

EvV® Models reserves the right to charge casting, fitting and rehearsal fees irrespective of whether the model is confirmed for the booking.

 

12.    MEALS 

Clients are responsible for models’ meals on bookings. In the event that a meal is not provided, a charge of £10 per meal per model will be invoiced.

 

13.    INSURANCE & FORCE MAJEURE

The client is responsible for the models 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.

EvV® Models is not responsible for any losses which may be incurred if the model fails to attend or is late to the booking. The client is advised to insure against any loss which might result due to this.

The Agency shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an “Event of Force Majeure”) and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

 

14.    DATA PROTECTION

The following definitions apply:

the terms “data controller”, “data processor”, “data subject”, “processing” and “personal data” bear the respective meanings given to them in the Data Protection Act 1998 (the “Act”) and, from the date on which it comes into force in the UK and for so long as it is in force, the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), and “data protection principles” means the eight data protection principles set out in Schedule 1 to the Act and the data protection principles set out in the GDPR (as applicable);

data includes personal data;

“Consent” means a freely given, specific, informed and unambiguous indication of an individual’s consent recorded in writing;

“Data Subject Access Request” means a request from a data subject relating to their personal data pursuant to the rights granted under the applicable Data Protection Legislation;

“Good Industry Practice” means the exercise of that degree of skill, diligence, professionalism, prudence, foresight and management which would be expected from a market leading skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances; and

“Model Personal Data” means any personal data (including Sensitive Personal Data) relating to the models; and

 

15.    SENSITIVE PERSONAL DATA” HAS THE MEANING GIVEN IN THE ACT.

Each party shall comply with all applicable data protection and privacy laws and regulations, including, without limitation, the provisions of the applicable Data Protection Legislation and not by any act or omission put the other party in breach of them in connection with this agreement.

For the purposes of these terms and conditions, the parties acknowledge, accept and agree the Agency is the data controller and the client is the data processor.

Where the Agency transfers Model Personal Data and/or other personal data to the client, the client warrants and represents it shall:

ensure it has implemented appropriate and effective technical and organisational measures to protect such data against unauthorised or unlawful processing and accidental loss or damage;

where necessary and/or applicable provide full and open co-operation and prompt assistance to the Agency, and ensure it has the appropriate technical and organisational measures in place, to enable the Agency to comply with any valid Data Subject Access Request without delay (and at the latest within 14 days of receipt of the Data Subject Access Request);

where necessary and/or applicable, provide full co-operation and assistance to the Agency to ensure the Model Personal Data and/or other personal data is deleted without delay in response to a valid request from a data subject;

where necessary and/or applicable, provide full co-operation and assistance to the Agency in ensuring the Model Personal Data and/or other personal data is up to date, complete and accurate;

maintain accurate and detailed internal records of all processing and (where applicable) storage of the Model Personal Data and/or other personal data (and make such records available to the Agency and/or the relevant supervisory authority for the purposes of an investigation), demonstrating compliance with the data protection principles including but not limited to specifying the relevant conditions for processing the Model Personal Data and/or other personal data (including but not limited to obtaining relevant and up to date Consents) and specifying and recording the fair and lawful purposes for which the Model Personal Data and/or other personal data is being processed;

ensure that access to the Model Personal Data is limited to those employees or authorised third parties who reasonably require access to the Model Personal Data pursuant to these terms and conditions and that all employees and authorised third parties are informed of the confidential nature of the Model Personal Data. If the client subcontracts or grants access to the Model Personal Data, the client shall ensure that such authorised subcontractors or employees enter into an agreement with the client containing data protection provisions on terms;

not, by any act or omission, put the Agency in breach of, or jeopardise any registration under, any Data Protection Legislation and/or any applicable laws;

not transfer the Model Personal Data and/or other personal data to countries outside the European Economic Area;

16.    IN THE EVENT OF ANY BREACH OF THE APPLICABLE DATA PROTECTION LEGISLATION, THE CLIENT SHALL:

a)  immediately and fully notify the Agency in writing of any notices in connection with the processing of any of the Model Personal Data and/or other personal data;

b)  provide such information and assistance as the Agency may reasonably require, including in relation to any notifications to the national data protection authority;

c)  take all necessary precautions to preserve the integrity of any Model Personal Data and/or other personal data which it processes and to prevent any corruption or loss of such data; and

d)  in such event and if attributable to any default by the client promptly restore the data at its own expense or, at the Agency’s option, promptly reimburse the Agency for any expenses it incurs in having the data restored by a third party.

The client shall indemnify the Agency against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Agency arising out of or in connection with any breach by the client of any of its obligations under this clause.

 

17.    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 that law by a court in England.

 

18.    GENERAL 

1.       All fees are to be negotiated only with EvV® Models

2.       It is not permitted for any person or company to use photographs or footage for any purpose whatsoever until all fees have been paid to EvV® Models in full. 

3.       Whilst every endeavour is made to provide a satisfactory and efficient service to clients we cannot be held responsible for a model’s conduct on an assignment. 

4.       We reserve the right to negotiate within the structure of these terms and conditions. 

5.       These terms and conditions are without prejudice to any claim against the client.

6.       1 If any of the terms, conditions or provisions of these terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed

7.       from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

8.       Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.

9.       Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally.

10.    Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other’s credit.

11.    No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.

12.    Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.

13.    The parties agree to keep, and to instruct its agents, employees, advisers and sub- contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances:

(a)      to enable enforcement of the party’s rights under these terms and conditions;

(b)      with the prior written consent of the other party; and

(c)       as required by any applicable law.

14.    These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.

15.    No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorised representative of each party.

16.    Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The client acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and the model and accordingly the model shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.

 

JURISDICTION

 

The parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.

 

February  2018

EvV® Models