Terms and Conditions for Clients
All clients should read and understand the following before booking models or promotional staff:
Confirmation of Booking
All bookings are to be confirmed either verbally, via contract or email.
Booking Fees
1. All fees are based on the following:
Full day = 8 hours
Half day = 4 hours
Minimum booking time = 2 hours
2. Excluding equity contracts, models' time will be charged at the hourly rate unless a half day or full day booking has been pre-arranged in writing. Overtime is charged at the agreed hourly rate and taken to the next hour up. Overtime rates apply outside 0900-1800 hours.
3. The agency charges a supplement on model and usage fees on all bookings except Equity contracts. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model disbursement is included at 66.66% and the agent's fee at 33.33% of the invoice total.
4. All fees quoted are for standard usage unless otherwise requested in writing. The standard use covers the right to use the image in the UK only for up to 1 year unless otherwise agreed in writing.
Mixed Agency Bookings
In the event that models from other agencies are working on the same assignment providing the same service as models from Flair Talent, Flair Talent reserves the right to charge at the same rate as the other agency.
Additional Fees
To be agreed at the time of booking:
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings therefrom, 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. for packs, swing tickets, record covers, show-cards, posters etc.)
To be agreed after the booking:
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.
Provisional Bookings
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.
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.
Model Release Form
The Model Release form/Booking voucher must be signed by the model and client at the end of every booking, unless the assignment is for promotional work.
Meals
Clients are responsible for models' meals on bookings.
Fashion Shows
Payment of the agreed fee confers the right to make use of a 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.
Videos
The normal daily rates will apply for all videos plus a buy-out to be negotiated.
Insurance
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.
The agent is not responsible if the model fails to attend the booking. The client is advised to insure against any loss which might result if the model does not keep a booking because of ill health or some other reason.
Jurisdiction
These terms and conditions for booking and all other matters connected with the bookings are governed by English Law and any dispute will be settled in accordance with that law by a court in England.
Copyright
The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed. The photographer to his 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 and conditions to the attention of the photographer and obtain his/her agreement to them before the shoot commences.
Payment
Payment is due within 30 days of the invoice receipt day.
General
1. All fees are to be negotiated only with Flair Talent
2. It is not permitted to use the photographs for any purpose whatsoever until all fees have been paid in full.
3. Whilst every endeavor 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. All contact (before and after the booking) with the model must be made through Flair Talent.
Please Note
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.