Terms & Conditions
1. Booking Confirmation:
The Agency agrees to follow the Client's booking system, including option requests and booking confirmations. The Agency will accommodate the Client’s preferred process to ensure seamless coordination.
Once a booking is confirmed, any amendments or variations made by the Client to the booking confirmation will not be valid or binding unless the Agency has explicitly agreed to such changes in advance. This agreement must be documented and confirmed by the Agency.
2. Booking Fees:
2.1 Daily/Hourly Rate:
Booking fees are charged by the day or by the hour.
2.2 Overtime: Overtime rates apply on all bookings exceeding eight hours.
The overtime rate is calculated at the first hour's hourly rate +10%, the second hour +20%, the third hour +30%, and so on.
Work on Saturdays is charged at one-and-a-half times the normal rate.
Work on Sundays and Bank Holidays is charged at double the normal rate.
2.3 Travel: Travel expenses will be charged in addition to the talent fee + 10% Markup on Advanced Expenses.
2.4 Accommodation: Accommodation expenses will be charged in addition to the talent fee + 10% Markup on Advanced Expenses.
3. Additional Fees
3.1 Usage (To Be Agreed at the Time of the Booking):
Additional fees are payable for the right to use the photographs/videos for all known or anticipated purposes other than the initial Permitted Use (e.g. Posters, Online, OOH, POS, etc.).
3.2 Territory (To Be Agreed at the Time of the Booking):
Additional fees are also payable for the right to use the photographs or videos for all known or anticipated territories.
3.3 Usage (To Be Agreed After the Time of the Booking):
It is the Client’s responsibility to notify the Agency 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 section 3.1 above.
3.4 Territory (To Be Agreed After the Time of the Booking):
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 section 3.2 above.
4. Agency Fees
4.1 All Bookings:
Both agency fees and talent fees will be invoiced by the Agency. Unless otherwise agreed at the time of booking, the talent fee is included at 100% + agency commission. The Agency’s fee at 20% of the invoice total + VAT and any agreed expenses will be added where appropriate.
All expenses incurred by the Agency on the Client's behalf will be charged to the Client in the total amount of the expenses + 10% Markup on Advanced Expenses.
The fee negotiated by the Agency is the artist’s fee from which agency commission will be deducted. VAT and agreed expenses will be added where appropriate.
4.2 Payment:
Payment is required within 15 days of the date of the invoice.
In all cases, the person booking the talent will be invoiced and solely responsible for payment, unless otherwise agreed at the time of booking. The Agency reserves the right to invoice the ‘ultimate client’ (i.e., designer/studio/owner of the product in question).
5. Cancellations
5.1 Cancellation Fees:
If a booking is canceled within one working day of the starting time, the full fee will be charged.
If a booking is canceled outside the one-day period, then half the fee will be charged.
If a booking is canceled because of illness or some other reason beyond the talent’s or Agency’s control the talent shall not be liable for cancellation charges.
5.2 Weather Permitting Bookings:
At the first cancellation, a half-fee is charged unless the Client fails to cancel in time to prevent the talent’s attendance, in which case the full fee is payable. At the second cancellation, the full fee is charged.
6. Termination and Non-Compete
6.1 Termination:
The Client may terminate the representation agreement with the Agency upon thirty (30) days written notice.
6.2 Non-Compete Clause:
Upon termination of this Agreement by the Client, the Talent agrees to a non-compete period of twelve (12) months ('No Work Period'). During this period, the Talent shall not, directly or indirectly, engage in any work or contractual relationship with the Client without the involvement and express consent of the Agency.
6.3 Buyout Option:
In lieu of adhering to the 12-month No Work Period, the terminating party may opt to pay a buyout fee of €3000 (three thousand euros) per Talent ("Buyout Fee") to the Agency.
The Buyout Fee must be paid in full to the Agency within thirty (30) days of the termination notice.
6.4 Obligations During the Term:
The Client agrees to engage the Talent exclusively through the Agency.
7. Talent Care and Safety
7.1 Client Responsibility:
The Client shall be solely responsible for ensuring the Talent is treated with respect and professionalism and that all necessary steps are taken to ensure the safety, health, and wellbeing of the Talent is protected at all times by the Client and/or any third parties engaged by the Client in relation to the delivery of the services. Such steps shall include, without limitation:
Ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure, maintained at a suitable temperature, and allow the Talent to provide the services in compliance with all health and safety best practices, standards, regulations, codes, and laws.
Allowing the Talent to take suitable and regular rest periods to ensure the Talent is able to maintain suitable amounts of rest and refreshment while delivering the services.
Ensuring that all third parties engaged by the Client in relation to the delivery of the services are suitably qualified, experienced, and professional, and treat the Talent in a professional and respectful manner.
Ensuring that no one imposes upon the Talent any action, activity, or environment which is either dangerous, degrading, unprofessional, unsafe, and/or demeaning to the Talent.
Always including a credit in the form of “Talent’s Name” @ “the Agency”, wherever a credit is applied.
8. Copyright
8.1 Usage Restriction:
The Client is not entitled to use any of the images/videos taken for any usage beyond that agreed under sections 3.1, 3.2, 3.3, 3.4 above.
The Agency and Talent are entitled to use the Content for their own purposes. In particular, the Agency and Talent may use the Content for their own advertising and promotional activities, once the Content has been published by the Client or the Clients customers in public sources.
9. Compliments & Complaints
9.1 Feedback:
Any feedback on the talents performance should be reported when it arises.
Complaints cannot be considered in retrospect.
10. Insurance
10.1 Client Responsibility:
The Client is responsible for the Talent’s health and safety when the Talent is travelling or providing services in connection with the booking to the same extent as if the Talent were an employee of the Client. The Client will maintain adequate insurance cover to underwrite its obligations to the Talent. The Agency is not responsible if the Talent fails to attend the booking. The Client is advised to insure against any losses which might result if the Talent does not keep a booking because of ill health or some other reason.
11. General
11.1 Precedence:
As a 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.
All fees are to be negotiated only with the Agency.
The Agency reserves the right to charge interest on late payments.
Whilst every endeavour is made to provide satisfactory and efficient service to our clients, the Agency cannot be held responsible for a talent’s conduct on an assignment.
The Agency reserves the right to negotiate within the structure of these Terms and Conditions.