All clients should read this carefully before booking a model
1. As required by department of employment regulations, Kids London Limited booking form containing the terms of the booking must be signed and returned by the client.
2. Booking Fees
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/Hourly Rate
Booking fees are charged by the day or by the hour. Extra half hours or parts of half hours shall be paid at half the hourly rate.
Equity contracts excluded, the day booking is for a 7 hour period including a 1 hour lunch break. Unless otherwise agreed the minimum booking is for 3 hours.
Overtime rates apply before 9am, after 6pm and on all bookings over seven hours.
(a) The overtime rate is a one-and-a half times the daily rate between 6pm and 12am.
(b) A special rate is negotiated for night work between 12am and 9am.
Travel will be charged at half the hourly rate. This applies to travel outside a 5-mile radius of Hyde Park Corner (i.e. Chiswick in the West, Golders Green and Highgate Village in the North, Mile End in the East, Streatham Hill and Tooting Bec in the South).
Fees for fitting 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. (N.B. when a location booking is made the client must provide information about transport both to and from the location).
All location bookings over 1 hour travel outside of London, a minimum of a day rate would apply. This could include travel time if under 7 hours.
To be agreed at the time of the booking
8. (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 inconjuction with any wording or drawings: including electronic reproduction) for all known or anticipated purposes other than the initial Permitted Use. (E.g. packs, posters, show cards, 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 UK only, for the purpose or purposes agreed.
8. (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 inconjuction with any wording or drawings: including electronic reproduction) 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.
To be agreed after the time of the bookings.
9. (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 8.(a) Above.
9. (b) Territory
It is the client’s responsibility to notify The Agency 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 8.(b) Above.
10. (a) All bookings Except Equity Contract TV commercials: The agency charges a supplement of 20% on all hourly, daily and usage fees. Both agency fees and model fees will be invoiced by The Agency, unless otherwise agreed at the time of booking. VAT and any agreed expenses will be added where appropriate.
10. (b) Equity Contract TV commercials:
The fee negotiated by The Agency is the artist’s fee from which the agency commission will be deducted at 25%. VAT and agreed expenses will be added where appropriate.
11. Payment terms
On all invoices payment is required within 30 days of the 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 the booking. We reserve the right to invoice the ‘ultimate client’ (i.e. designer/manufacturer/owner of the product in question). All fees are for the right to use pictures and once agreed, are payable whether or not the use is appropriated. We reserve the right to add the interest at the rate of 1% per month to overdue accounts without prejudice to our rights to recovery.
12. Exclusion Fees
A special fee will be negotiated when the work is in conjunction with a product, which precludes work for competing products. It is the CLIENTS 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.
13. 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.
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 is charged. If a booking is cancelled outside the one day period but within two working days of the starting time then half the fee is charged. IF A LICENSE HAS BEEN APPLIED FOR A CANCELLATION FEE WILL APPLY
However, if a booking is cancelled due to illness or some other reason beyond the models or agencies control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges.
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 models and client.
15. 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.
Clients are responsible for models meals on all bookings outside the London area. (See 5.)
17. Fashion Shows
Payment of the agreed fees confers the right to make use of the model’s services on the catwalk for the specified show and the right to use photographs and video of the show reporting purposes only. Any other usage must be negotiated at the time of the booking.
All fees will be invoiced to the record company or ultimate client.
For all videos the normal daily rates will apply PLUS a buy-out to be negotiated.
19. Test & Experimental Photography
A Photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
The photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 8 & 9 above. The photographer 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 Term & Conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
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 losses, which might result if the model does not keep a booking because of ill health, or some other reason.
These terms and conditions for booking and all other matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law by a court in England.
Any cause for complaint should be reported to the Agency when it arises. Complaints cannot be considered in retrospect.
24. Children’s Performance Regulations 1968
Children under 16 years of age require a licence for paid performances. It is the client’s responsibility to licence the children. Please note to put a licence in place takes a minimum of 7-10 working days. IF THE AGENCY APPLIES ON BEHALF OF THE CLIENT A FEE OF £35.00 PER LICENSE IS APPLICABLE
- Whilst every endeavour is made to provide satisfactory and efficient service to our clients, we cannot be held responsible for a models conduct on an assignment.
- We reserve the right to negotiate within the structure of these Terms & Conditions.
- It is the clients responsibility to arrange insurance if indemnity is required against a models inability to attend through sickness or unforeseen circumstances.
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.
All fees are to be negotiated only with Kids London Ltd.
It is not permitted to use the photographs for any use whatsoever until all fees are paid in full.
Whilst every endeavour is made to provide a satisfactory and efficient service to our clients we cannot be held responsible for a models conduct on an assignment.
We reserve the right to negotiate with the structure of these Terms and Conditions.