UGLY: TERMS OF BOOKING (“TERMS OF BOOKING”)
All clients should read these Terms of Booking very carefully before booking the Talent through UGLY as Bookings through UGLY are subject to these terms of Booking.
1. As required by Department of Employment regulations, a booking form containing the terms of the booking must be signed and returned by the client.
2. Permitted Use. In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
3. Daily/Hour Rate. Booking fees are charged by the day or by the hour.
4. Overtime. Overtime rate apply before 9am, after 6pm and on all bookings over eight hours.
a. The overtime rate is one – and - a – half times the normal rate between 1800 and 2400 hours.
b. A special rate is negotiated for night work between 2400 and 0900 hours.
c. Work on Saturdays is at one-and-a-half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel. Travel will be charged at half the hourly rate: this applies to travel outside a five-mile radius of Hyde Park Corner (ie Chiswick I the west, Golders Green and Highgate Village in the north, Mile End in the east, Streatham Hill and Tooting Bec in the south).
6. Fittings. Fees for fittings are charged at half the hourly rate with a minimum of £50 per hour.
7. Location Bookings.
If a model on location is prevented from returning to London to work – half the daily fee is to be paid per day. (NB When a location booking is made the client must provide information about transport there and back).
8. In the event that models from other agencies are working on the same assignment providing the same services as our models, we reserve the right to charge at the same rate as the other agency.
To be agreed at the time of the booking:
9(a).Usage. Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, 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. Packs, Posters. Showcards, Record Covers, Swing Tickets etc). In general, the additional fees cover the right to use one image for one year from the date of the booking, in the UK only, for the purpose or purposes agreed, whether or not appropriated. Under no circumstances will the usage fee be less than the model's basic studio fee.
(b). Territory. Additional fees are also payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings, including electronic imaging) for all known or anticipated territories other than the UK. In general, the additional fees cover the right to use one image for one year from the date of the booking, in the territory or territories agreed.
Under no circumstances will each usage fee be less than the model's basic studio fee.
Additional fees are also to be paid for other services supplied by the model, for example, personal appearances for PR purposes. Fees for these services will be negotiated on an individual basis.
To be agreed after the time of booking:
10(a).Usage. 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 as per 9a above.
(b).Territory. It is the client’s responsibility to notify the agent 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 9a above.
11. All fees for the right to use pictures once agreed are payable irrespective of whether the pictures are used or not.
12(a). All bookings excepting BBC and Equity Contract TV Commercials subject to repeats: The agency charges a supplement of 20% on all hourly, daily, overtime, usage fees and any other services which the model will supply. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of the booking the model disbursement is included at 66.66% and the agent’s fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(b). Equity Contract TV Commercials: The fee negotiated by the agent is the artist’s fee from which the agency commission will be deducted at 20% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(c). For TV Commercials involving an agreed buyout: The agency will charge a supplement of 20% on both the shoot fee and the buyout fee.
13. On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed at the time of booking. We reserve the right to invoice the ‘ultimate client’ (i.e. designer/manufacturer/owner of the product in question). This may be done if the client is booking on behalf of the ultimate client; hence, the client and the ultimate client are jointly and severally liable to pay the invoice. No use of pictures is permitted unless and until all relevant fees have been paid. The agency reserves the right to alter payment terms if deemed appropriate.
14. Exclusively. A special fee will be negotiated when the work is in conjunction with a product which precludes work for competing products. It is the CLIENT’S responsibility to check whether conflicting work has been done. If a model advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
15. 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.
16. If a booking is cancelled within one working day 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 one-day period but within two working days of the starting time then half the fee will be charged.
Bookings of more than three days’ duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between model and client. However, if a booking is cancelled because of illness or some other reason beyond the model or agent’s control, the model shall not be liable for cancellation charges.
17. Weather-Permitting bookings. At the first cancellation, a half-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.
18. Clients are responsible models’ meals on all bookings outside the London area (see 5).
19. All fees will be negotiated on an individual basis. The fees will be invoiced to the client, or the ultimate client (see13). We also reserve the right to invoice the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.
20. 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 the booking.
TEST & EXPERIMENTAL PHOTOGRAPHY
21. A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
22. The photographer or client not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 9, 10 above. The photographer or client to this extent agrees to restrict use of his 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 agreement before the shoot commences.
23. It is the client’s responsibility to arrange insurance if indemnity is required against a model’s inability to attend through sickness or unforeseen circumstances. It is the client’s responsibility to ensure the mode's safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the safety as if the model were an employee of the client. The client will maintain adequate insurance to underwrite its obligation to the model.
24. All negotiations relating to the use of the model's image, or any other services supplied by the model, including all fees must be negotiated and agreed with the agent only. Any negotiations relating to the use of the model's image, or any other services supplied by the model, including all fees between the photographer and client will be invalid. 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 supported verbal agreement to anything, that is not binding on the model or the agent unless and until it is agreed in writing by the agent.
25. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
26. All fees are to be negotiated only with the agency.
27. Whilst every reasonable endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model’s conduct on an assignment.
28. We cannot be held responsible for any costs incurred as a result of the lateness of a model in attending a booking.
29. We reserve the right to negotiate within the structure of these Terms and Conditions.
30. Models introduced to us by a client or his agent must be booked through us.
31. If a photographer or client books a model through our agency, they are bound to continue to book the model through us and not through any other agency representing the model.
32. As the 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.