Terms and Conditions of booking a model
These terms and conditions and the Agency’s privacy policy shall form the entire agreement between the client and the Agency relating to each booking.
The following terms and conditions must be adhered to when working with a model represented by Model Students:
1. Any model introduced to a client by Model Students may only be booked through Model Students and may not be contacted directly.
2. Both booking fees and model fees are to be invoiced by Model Students Ltd. Unless otherwise agreed at the time of booking the models fee is 70% and the Agency fee is 30% of the invoice total.
A 25% deposit is required at the time of booking for all bookings made more than 2 weeks in advance and for any group bookings, the remaining payment is required within 28 days of the job completion unless agreed otherwise.
Travel expenses are to be negotiated at the time of the booking.
3. Cancellation within 24 hours of the job means that the full fee is chargeable.
Cancellation within 48 hours of the job means that half of the fee is chargeable.
In the case of weather permitting bookings, in the first instance no fee is chargeable.
In the case of weather permitting bookings, for the second instance half the fee is chargeable.
4. Models can be booked for a full day, half day or hourly with a two hour minimum. Extra parts of hours will be charged at the hourly rate. A day is an 8 hour period with an hour for lunch, a half day is a 4 hour period.
5. The Client shall be solely responsible for ensuring the model is treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and wellbeing of the model 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:
5.1. Ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the model to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws;
5.2. When a location booking is made, the client will undertake an appropriate health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated in accordance with good industry practice and applicable law. The client acknowledges and agrees that at all times the model’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.
5.3. Allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
5.4. The client is responsible for ensuring that the model is provided with or has access to a nutritious meal when working for a full day.
5.5. providing the talent with an appropriate changing and dressing area to ensure that the talent can prepare for the provision of the services and also maintains his/her/their privacy;
6. Model Students endeavours to keep our models portfolios and stats up to date. Unedited natural photos and measurements can be provided on request whilst in the process of booking a model. Once a job has been completed the agreed fee must be paid in full.
7. If a model is booked for test photography the photographer cannot use test photos for commercial purposes unless otherwise agreed. Photos from test shoots must be returned to the agency within 28 days.
8. Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the model’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the model. The image must not be altered or distorted.
9. If a model is booked for commercial purposes photo usage must be agreed at the time of booking. Any use of images not abiding to the conditions agreed by Model Students and the client will be considered a breach of these terms and Model Students reserves the right to claim any damages that this incurs. All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Agency specifically agrees otherwise, in writing, no usage for the model’s image is permitted until the Agency has received payment in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
9.1. Full day, half day and hourly rates include website and social media use, they exclude catalogue use, packaging, display material, billboards, bus sides, stills in commercials and TV advertisements.
9.2 Other Services. Additional fees are also payable for other services to be supplied by the Talent, either as part of a booking or as requested by a Client on a shoot, for example, personal appearances for PR purposes and posting images on the Talent’s own social accounts and media feeds. Fees for such services will be negotiated on a
case by case basis between the Client and the Agency.
10. 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 Model Students in full.
11. Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take other steps as are reasonably practicable to mitigate against such cancellation.
12. The client acknowledges, accepts and agrees the model is independent and self-employed and is not a worker. The model has a right to control entirely the manner in which they perform each booking which may involve the model requiring a substitute who attends and/or performs the booking.
13. 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 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.
14. If the Client fails to pay 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 judgment at five per cent 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.
15. In the event the client is providing the services on behalf of or to a third party end user, in entering into the Agreement the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:
15.1 enters into an agreement with the client on the same terms as the Agreement;
15.2 acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 28 days of the date of any invoice received from the Agency; and
15.3 acknowledges that the third party end user may not use the images until payment is received by the Agency and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.
16. 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 the Agreement.
17. Collection and use of images (AI)
Client’s right to collect images
17.1.1 The booking permits the Client to capture two-dimensional images of the individual model identified in the Booking Confirmation (the “Talent”) during the period set out in the Booking Confirmation, to retain the images as set out in these terms and to use images within the confines of the Permitted Use set out in section 17.3 .
17.1.2 Unless set out in the Booking Confirmation, the Client’s right is to collect two dimensional (2D) still images only, and the Client is not authorised to collect three dimensional (3D) images or moving images of any part of the Talent. If 3D or moving images are permitted in the Booking Confirmation, then these terms will apply to such images.
17.2 Permitted use – the Client may use the images in the medium set out in the Booking Confirmation from the date of the booking, within the territory set out in the Booking Confirmation, and for the duration and purposes specified in the Booking Confirmation.
Unless expressly set out in the Booking Confirmation, the Client does not have right to:
17.2.1 materially change the image in any way (including, for example, changing the clothing and / or superimposing outfits onto the Talent’s image);
17.2.2 make any changes to the image other than minor retouching and minor editing;
17.2.3 use the image for any campaigns not set out in the Booking Confirmation;
17.2.4 use or edit the image in a way that would otherwise require a reshoot or new campaign shoot (including, digitally generating images based on the original image) and / or manipulating the image to modify it beyond the scope of what is acceptable to the Agency);
17.2.5 use the image in a way that is, or likely to be, directly or indirectly defamatory, discriminatory, scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the Talent;
17.2.6 use a drawing or facsimile of the image;
17.2.7 use the image (or any part of it) in order to program or teach a software tool to generate a new image; and/or
17.2.8 create or use an avatar (being a computer or artificially generated image) of the Talent;
17.3 Permitted Third Party Use
The Client may permit a third party to use an image (“Permitted Third Party Use”) only where the following conditions are satisfied:
17.3.1 the third party remains subject to the control and direction of the Client in the manner in which the image is used;
17.3.2 the use of the image is within the confines of the Client’s Permitted Use;
and
17.3.3 the Client remains responsible and liable for all use of the image by the third party which is outside the scope of the Permitted Use and/or which does not comply with these terms.
Except as set out in section 17.2 , the Client must not license or transfer the image to a third party for use or allow a third party to use the image in any way;
17.4 Agency consent
If the Client wishes to amend the scope of its use of image(s) beyond that set out in the Booking Confirmation, or to use an image beyond the scope of the Permitted Use or Permitted Third Party Use, it will not do so without the prior written consent of the Agent, which may (in the Agent’s discretion) be subject to such additional terms and conditions as the Agency may impose (including the payment of additional fees for the same).
17.5 New Technologies
It is strictly prohibited to use any model likeness, image, and/or characteristics for any artificial intelligence (including without limitation for or in connection with the training; development; or operation of large language models or other generative AI models, tools or systems) machine learning, deepfake, NFT, blockchain-enabled digital assets, Web3, metaverse, immersive environments, virtual, augmented or extended reality purposes. Express written consent must be obtained for any such use.
17.6 Breach of this section
If the Client breaches or permits the breach of the scope of the Permitted Use or Permitted Third Party Use in any way, then (without prejudice to any other rights or remedies of the Agent or the Talent) it shall indemnify the Agency in full against all costs, expenses, damages and losses suffered or incurred by the Agency and/or the Talent (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with any breach by the Client of this section 17 and any damage suffered by the Agency and/or any claim brought by the Talent against the Agency for any damage suffered by the Talent as a result of such circumstances. This includes, but is not limited to, indemnifying the Agency for the fees which would have been payable by the Client for a new booking which covers the new scope of the required permitted use.
17.7 Limitation of scope
Please note the permissions granted in this section are those controlled by the Agency and/or Talent only, and rights granted to the Client are subject to any copyright or other rights that may be owned by the photographer.