| |
All
clients should read this carefully before booking a model
1. As required by Department of Employment regulations, booking form containing
the terms of the booking must be signed and returned by the client to
Needham & Hanson.
BOOKING FEES
2. Usage, 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.
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 normal
hour. b. A special rate is negotiated for night work between 2400 and
0900 hours. c. Work on Saturdays is at one-and-a-half times the normal
rate. d. Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel. Travel will be charged at half the hourly rate: this applies
to travel outside a five-mile radius of Hyde Park Corner (i.e. Chiswick
in the West, Golders Green and Highgate Village in the north, Mile End
in the east, Streatham Hill and Tooting Bec in the south).
6. Fittings. Fees for fittings are charged at half the hourly rate with
a minimum of £40 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 per day. (NB when
a location booking is made the client must provide information about transport
there and back).
8. Mixed agency bookings. In the event that models from other agencies
are working on the same assignment providing the same services as models
from Needham & Hanson, Needham & Hanson reserves the right to
charge at the same rate as the other agency.
ADDITIONAL FEES
To be agreed at the time of the booking:
9(a). Usage. Additional fees are payable for the right to use the photographs
(or reproductions, or adaptations of, or drawings there from, either complete
or in part, alone or in conjunction with any wording or drawings, including
electronic imaging) for all known or anticipated purposes other than the
initial Permitted Use (e.g. Packs, Posters, Show cards, Record Covers,
Swing Tickets etc). In general, the additional fees cover the right to
use one image for one year from the date of the booking, in the territory
of territories agreed.
To be agreed after the time of booking:
10(a). Usage. It is the clients responsibility to notify the agent
and negotiate additional fees (including extensions of existing agreements)
for any usage that may be required or anticipated subsequent to the time
of booking as per 9b above.
(b). Territory. It is the clients responsibility to notify the agent
and negotiate additional fees (including extensions of existing agreements)
for any territory that may be required or anticipated subsequent to the
time of booking as per 9b above.
AGENCY FEES
11(a). All bookings excepting Equity Contract TV Commercials subject to
repeats: The agency charges a supplement of 20% on all hourly, daily and
usage fees. Both agency fees and model fees will be invoiced by the agent.
Unless otherwise agreed at 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 artists 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.
(c). For TV Commercials involving a buyout: The agency will charge a supplement
of 200/0 on both shoot fee and the buyout fee.
12. On all invoices payment is required within 30 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. No use of pictures is permitted unless and
until all relevant fees have been paid 13. 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 CLIENTS 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.
PROVISIONAL BOOKINGS
14. Provisional bookings 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.
CANCELLATIONS
15. 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 will be charged. If a booking is cancelled
outside the one-day period but within two working days of the starting
time then half the fee will be charged.
Bookings 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, Sundays and Bank Holidays are excluded from these
calculations. This is a reciprocal arrangement between model and client,
however, if a book-ing is cancelled because of illness or some other reason
beyond the models or clients control, the model shall not
be liable for cancellation charges.
16. 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 cancella-tion
the full fee is charged.
MEALS
17. Clients are responsible for models meals on all bookings outside
the London area (see 5).
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 models
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.
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 any of the images he takes
for any usage beyond that agreed under section 2, 9,10 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 hisagreement
before the shoot commences.
COMPLAINTS
22. Any cause for complaint should be reported when it arises. Complaints
cannot be considered in retrospect.
PLEASE NOTE:
All fees are to be negotiated only with Needham & Hanson.
Whilst every reasonable endeavour is made to provide satisfactory and
efficient service to our clients and we cannot be held responsible for
a models conduct on an assignment.
Needham & Hanson cannot be held responsible for any costs incurred
as a result of the lateness of a model in attending a booking.
Needham & Hanson reserves the right to negotiate within the structure
of these Terms and Conditions. It is the clients responsibility
to arrange insurance if indemnity is required against a models inability
to attend through sickness or unforeseen circumstances.
Models booked as a result of an Needham & Hanson exclusive casting
will all be booked through Needham & Hanson.
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.
|