1. Permitted Use
Booking fees cover the right to use the produced content for one year from the date of the booking, within the agreed territory, for the initial permitted use.
2. Daily/Hourly Rate
Booking fees are charged by the shift, by the hour, or a set fee for a catwalk show.
3. Overtime
Overtime rates apply before 9 AM, after 6 PM, and on all bookings over 8 hours. A special rate is negotiated for night work between 12:00 AM and 9:00 AM.
4. Fitting Fees
Fitting days are charged at a minimum of the local currency equivalent of 100 USD.
5. Additional Expenses
All expenses incurred by Agmodel Management on the client’s behalf shall be reimbursed by the client.
6. Outstation Bookings
When an outstation booking is made, the client must provide transport to and from the location unless agreed otherwise. If a model on location is prevented from returning to their base location to work, half the daily fee is to be paid.
7. Additional Fees
Additional fees are to be agreed upon at the time of booking or before any additional usage. The agency reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of booking.
Usage: Additional fees are payable for the right to use the produced material (or reproductions, adaptations, or any other representation of it) for all known or anticipated purposes other than the initial permitted use. Unless otherwise agreed, the additional fees cover the right to use the produced material for one year from the date of booking, within the agreed territory, for the agreed purpose. Each usage fee will not be less than the model’s advertising day rate. Additional fees are also payable for the right to use the produced material for all known or anticipated territories other than the initially agreed territory.
Other Services: Additional fees are also payable for other services supplied by the model, such as personal appearances for PR purposes. Fees for such services will be negotiated on an individual basis.
Credits: ”Name of Model represented by Agmodel Management”, wherever a credit may be applied.
8. Invoicing
Payment is required within 7 days of the date of invoice. In all cases, the person booking the model is the client who will be invoiced and solely responsible for payment unless otherwise agreed in writing at the time of booking. The agent reserves the right to invoice the ‘ultimate client’ (e.g., designer/manufacturer/owner of the product in question), in which case both the client and the ultimate client are jointly and severally liable to pay the invoice. 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 agent specifically agrees otherwise, in writing, no usage of the model’s image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate prior to booking.
9. Exclusion Fees
A special fee will be negotiated when the use of the produced material or the service supplied by a model in relation to a product is required on a basis that precludes supplying services or allowing the use of the model’s image for competing products. A model can supply services to and allow the use of the model’s image by any competitor unless an exclusion fee is negotiated, in writing. It is the client’s responsibility to check whether conflicting work has been done, in writing.
10. Provisional Bookings
Provisional bookings will be automatically canceled 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.
11. Cancellations
If a booking is canceled within one working day of the starting time, the full booking fee will be charged. If a booking is canceled outside the one-day period but within two working days of the starting time, half the booking fee will be charged. For bookings of more than three days duration: if the booking is canceled within a period equal to the length of the booking, the full fee is charged.
12. Weather Permitting Bookings
At the first cancellation, half the booking fee is charged unless the client fails to cancel in time to prevent the model’s attendance, in which case the full booking fee is payable. At the second cancellation, the full fee is charged.
13. Meals
Clients are responsible for providing models’ meals on all bookings, as per the model’s preference.
14. Fashion Shows
Catwalk bookings give the right to make use of a model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material is for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required, it must be negotiated at the time of booking.
15. Test and Experimental Photography
A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session, in writing.
16. Copyright
The photographer and/or the client and anyone obtaining rights from or through the photographer/client are not entitled to use any images for any usage beyond that agreed or permitted under these terms. The photographer/client agrees to restrict the use and exploitation of the copyright accordingly. If the client is not the photographer, the client is responsible for drawing all these terms and conditions to the attention of the photographer and obtaining their agreement to them before the shoot commences.
17. Insurance
The client is responsible for the model’s safety when the model is providing services in connection with the booking. The client is obliged to ensure that all other people engaged in connection with the booking and associated traveling are properly qualified and insured. The client is responsible for the model’s health and safety as if the model were an employee of the client. The client will maintain adequate insurance coverage to underwrite its obligation to the model. The agency is not responsible if the model fails to attend a booking. The client is advised to insure against any losses that might be suffered if the model does not keep a booking because of ill health or some other reason.
18. Contract
All matters relating to the use of the model’s image, any other services supplied by the model, and all fees must be negotiated and agreed upon only with the agency, Agmodel Management. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything, that is not binding on the model or the agency unless and until it is agreed in writing by the agency. These terms and conditions for booking and all matters connected with the booking are governed by the laws of the country where the booking is made, and any dispute will be settled in accordance with those laws. Where the context requires, the singular includes the plural, and “he” includes “she.”
19. Complaints
Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect. 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. The produced material may not be used until all fees are paid in full. While every endeavor is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for a model’s conduct on any assignment. The agent reserves the right to negotiate within the structure of these terms and conditions.