Terms and Conditions of booking a model
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. If the model is booked for more than half a day the model is entitled to a lunch break. The client is responsible for ensuring that the model is provided with or has access to a nutritious meal.
6. 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.
7. Model Students endeavours to keep our models portfolios and stats up to date. Unedited natural photos and measurements can be provided on request whist in the process of booking a model. Once a job has been completed the agreed fee must be paid in full.
8. 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.
9. 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.
10. 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.
10.1. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 judgement at eight per cent per annum over The Bank of England 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.
16. 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:
16.1 enters into an agreement with the client on the same terms as the Agreement;
16.2 acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 30 days of the date of any invoice received from the Agency; and
16.3 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.
17. 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.