HandModels.co.uk Limited is an employment agency regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Business Regulations 2003. These Terms and Conditions HandModels.co.uk means Hand Models Limited, and the client means the person or Company named as such on the Booking conformation.
1. TERMS AND CONDITIONS
1.1 HandModels.co.uk provides agency services for body parts models and actors who are engaged on a self employed basis. Any model introduced to a client by HandModels.co.uk may only be booked through HandModels.co.uk and may not be contacted directly by the client. HandModels.co.uk reserves the right to invoice the client any fees to cover all losses incurred in the event of this.
2.1 Booking confirmation must be made prior to the shoot date. The failure to will be deemed to be acceptance by the client and may result in the cancellation of the booking.
2.2 Working hours and Overtime
Fees are charged by the day or by the hour. The minimum booking is two hours. A ‘day’ is an 8-hour period (including one hour for lunch) between 9am and 6pm (e.g. 9am-5pm or 10am-6pm). An extra hour between 9am and 6pm is charged at the normal rate. The appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one-and-a half times the hourly rate. Saturdays are charged at one-and-a half times the hourly rate and Sundays or Bank Holidays are charged at double the hourly rate. Any booking which is over 5 hours will be charged at the day rate. A special rate to be negotiated for night work at weekends between 24.00 and 09.00 hours.
Permitted Use: In general, booking fees cover the right to use image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
2.3 Travel will be charged at half the hourly rate.
2.4 Fitting fees: Any time spent by the model for fittings is charged at £50 per hour, with a minimum charge to the client of £100-00.
2.5 Location Bookings: The client must provide information regarding transport, hotel accommodation and subs if a model is booked away from their base of work. The client must provide transport there and back unless otherwise agreed.
2.6 Poster and Show card fees/pack and Media covers are subject to special negotiations.
2.7 Any time spent by the talent travelling to or from a client’s venue will be charged at half the hourly rate. This applies to any travel outside of a five 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).
2.8 Equity TV Commercials. A day’s work is ten hours and includes a one hour meal break. A half day booking is five hours and the start time must not be later than 2pm. Overtime is charged at a fifth of the daily rate per hour until Midnight. After Midnight, the overtime rate doubles
3. ADDITIONAL FEES – To be agreed at the time of initial enquiry.
3.1 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, 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 the UK alone for the purposes or purposes agreed.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 payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
3.2 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 forone year from the date of the booking in the territory / or territories agreed.To be agreed after the time of booking.
3.3 It is the Clients 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 bookings.
3.4 Territory: It is the Clients 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.
3.5 Restrictions. The restricted use of the photographs will be negotiated by Hand Models at the time of the booking. The license to use the photograph is one year in the United Kingdom only for the initial permitted use. Any further usage including picture syndication to be negotiated and agreed in advance with Company. The Usage, the Invoicing and the Copyright regulates this restriction.
4. AGENCY FEES
4.1 All bookings expect Equity Contract TV commercials. the agency charges the client a supplement fee of 24% on all hourly, daily and usage fees. Both agency fee and models fees will be invoiced by the agent. Unless agreed at the time of booking the model disbursement is included at 62.5% and the agent's fee at 37.5% of the invoice total. Any agreed expenses and VAT will be added where appropriate.
4.2 Equity Contract TV commercials: the fee negotiated by the agent is the artists fee from which the agency commission will be deducted at 24% of the invoice total. Any agreed expenses will be added where appropriate.
5. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Neither the photographer or client or anyone involved in the project/assignment is not entitled to use any of the images s/he takes for any usage beyond that agreed under these terms. The client and 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 terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences. All rights not expressly granted to the client under these terms and conditions are hereby reserved to the Agency and/or the model as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or license holder of all commercial rights and intellectual property rights relating to the model and the Agency and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or the Agency other than the rights specifically granted to the client under these terms and conditions.
6. 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/video section.
7.1 In all cases the person booking the model will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
7.2 On all invoices payment is required to be made by the Client within 30 days of the date of the 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 Agency reserves the right in its discretion to invoice the ‘ultimate client’, (eg. designer/ manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. 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.
7.3 All Fees shall be paid to the Company without any deduction or legal or equitable set off whatsoever.
7.4 All costs and expenses incurred by the Company or for which there is a commitment on behalf of the Client together with all applicable VAT or other relevant tax duty or impost thereon at any time and at all times shall be paid by the Client to the Company or as the Company shall otherwise direct on first demand at any time by the Company.
7.5 Without prejudice to the generality of the foregoing the Company reserves the right in its absolute discretion to require the payment of a deposit in such amount as the Company may specify where the Company has agreed to incur costs and expenses in connection with an Assignment on behalf of the Client.
7.6 The Company reserves the right to charge the Client interest at the rate of 6% above Bank of England plc base rate from time to time on the balance from time to timeoutstanding on all unpaid invoices from the due date to the date of payment, on a daily basis.
7.7 All sums payable hereunder are exclusive of VAT and the Client agrees in addition to pay all applicable VAT thereon.
7.8 The Client shall satisfy itself as to the medical history and health of the Applicant and shall be solely responsible for undertaking any medical examination and investigations which it may deem appropriate.
8. PROVISIONAL BOOKINGS
Provisional bookings will be automatically cancelled if they are not confirmed by the client by signing the booking confirmation form within 24 hours of the proposed booking.
9.1 The Client may not cancel any Assignment unless such cancellation takes place before commencement of the Assignment and with the written consent of the Company which the Company may in its absolute discretion withhold without ascribing any reason therefor. The Client will immediately thereafter pay to the Company,without prejudice, an amount calculated as follows:
9.2 Where cancellation takes place by client more than 24 hour before the date specified for the commencement of the Assignment, but within 48hours 50% of the value of the agreed Fees, together with all applicable VAT thereon.
9.3 Where cancellation takes place by client less than 24 hours before the date specified for the commencement of the assignment, 100% of the value of the agreed Fees, together with all applicable VAT thereon.
9.4 Where cancellation takes place by client outside of the 48 hours but within 10 working days, 25% of fee will be charged.
9.5 Any deposit paid shall not be refunded in any circumstances where cancellation takes place within 48 hours of the specified commencement date.
9.6 All Fees shall be paid to the Company without any deduction or legal or equitable set off whatsoever.
9.7 The full booking fee will be charged and payable by the client for bookings of more than three days duration. With a period equal to or less than the length of the booking, Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
9.8 Should the Agency want to cancel a booking then it shall use reasonable endeavors to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
9.9 In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover to protect against such cancellation and any associated liability.
10. MODEL SAFETY
Clients must ensure that the model is treated with respect and professionalism. The client must ensure that the safety, health and well-being of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
10.1 Venue-for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws.
10.2 Regular and adequate rest breaks.
10.3 Providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client.This includes personal and third party liability insurance at an assignment and indemnity in the event that a model is unable to attend for whatever reason.
10.4 Ensuring that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional.
10.5 Ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
10.6 Ensuring that the services are delivered and the model is treated in providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
10.7 Clients are responsible for the provision of all meals and beverage requirements for the models providing services to the client on all bookings.
10.8 Including a credit as: ‘model’s name’ at Hand Models wherever a credit is applied.
The client warrants and represents to the Agency that:
11.1 it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions.
11.2 the booking form and all signed paperwork is executed by a duly authorized representative of the client.
11.3 it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice.
11.4 it has all necessary permits, licences and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments.
11.5 it will promptly disclose to the Agency in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable the Agency to ensure that the model is suitably prepared and able to perform the services.
12. REPRODUCTION RIGHTS
12.1 All images and details reproduced in association with Company are supplied by the individual model and with the full permission and consent of the individual model/associates. Handmodels.co.uk cannot be held responsible for any loss howsoever caused through the model misrepresenting themselves in any way.
12.2 Permission. The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with Hand Models. HandModels.co.uk cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the models/ associates by Company.
12.3 Media Reproductions. Company reserves all rights to reproduce in any media (electronic, telegraphic, print, etc) any images supplied to Company by any individual model/associates.
13.1 No party excludes or limits its liability under these terms and conditions for:
13.2 death or personal injury caused by its negligence;
13.3 fraudulent misrepresentation; or
13.4 any other type of liability which cannot by law be excluded or limited.
13.5 HandModels.co.uk limits its liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the Agency for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Agency.
HandModels.co.uk shall not be liable for:
I) Loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings.
II) Product recall costs.
III) Failure by the model to attend a booking for whatever reason.
IV) Damage to the client’s reputation.
V) Consequential, special or indirect loss or damage even if the Agency has been advised of the possibility of such loss or damage
14. CONTRACT AND AUTHORITY
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 only with the Agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. 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 (such agreement to be determined in the Agency’s absolute discretion).
15. COMPLAINTS AND DISCLAIMER
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 endeavors to ensure that the models provide a satisfactory and efficient service to clients, as the agent, the Agency cannot be held responsible for a model's conduct or behavior 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 behavior or conduct of any model.
16. FORCE MAJEURE
The Agency’s shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an "Event of Force Majeure") and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.
17. INTERPRETATION OF TERMS AND CONDITIONS
17.1 For the purpose of the relationship between the client and the Agency the client acknowledges, accepts and agrees that the Agency is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by the Agency and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between the Agency and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of the Agency outside these terms and conditions which have induced the client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).
17.2 If there is any conflict between any of these terms and conditions and the booking confirmation form then the terms of these terms and conditions shall prevail without detriment to the remaining unaffected terms of booking confirmation form.
17.3 The booking confirmation forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the booking confirmation form.
17.4 For the purpose of these terms and conditions the words "agreed" means agreed in writing in the booking confirmation form and signed by duly authorized representatives of both the Agency and the client.
18.1 If any of the terms, conditions or provisions of these terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.2 Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.
18.3 Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally
18.4 Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other's credit.
18.5 No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.
18.6 Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.
18.7 The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances;
(i) To enable enforcement of the party’s rights under these terms and conditions.
(ii) With the prior written consent of the other party.
(iii) As required by any applicable law.
18.8 These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.
- No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorized representative of each party.
- The client acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and the model and accordingly the model shall be entitled to enforce these terms and conditions as if he/ she were a party to these terms and conditions.
18.9 The parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts. We reserve the right to negotiate within the structure of these Terms and Conditions.
18.10 Any notice to be given hereunder shall be in writing and sent by pre paid recorded delivery registered post or facsimile to the other party at the respective addresses appended to these terms. All changes of address are to be notified to the other party within 48 hours of the change and thereafter all notices to be given hereunder shall be sent to such last notified address.
18.11 The relationship of the Company and the Client shall be that of Independent Contractors.
18.12 Any agreement governed by these terms shall be read, construed and take effect in accordance with the Laws of England and the parties hereto expressly agree to submit to the nonexclusive jurisdiction of the English Courts.
18.13 Nothing in any agreement governed by these terms shall confer or purport to confer on any third party any benefit or the right to enforce any term of any agreement governed by these terms for the purposes of the Contracts (Rights of Third Parties) Act 1999.
19. CLIENT AND AGENT OBLIGATIONS
19.1 The Client agrees to cooperate with the Agent as may be required.
19.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Agent for the purpose of providing the Services for a period of six months following completion of the Services.
19.3 The Client shall ensure that all approvals are in place for any locations that may be used and is responsible for any transport costs of models to and from that location.
19.4 The Client shall provide all meals required by models on location.
19.5 The Client is responsible for the safety of any models who are providing Services according to the Booking Form and the Client shall ensure all health and safety obligations are adhered to and maintain an appropriate insurance policy to cover these requirements.
19.6 The Agent shall supply the Services as specified in the booking form.
19.7 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations.
19.8 The Agent will take all reasonable steps to provide personnel who behave in an acceptable manner but cannot be held responsible for any conduct of models that is unacceptable to the Client.
19.9 The Agent shall take all reasonable steps to ensure models attend bookings on time and for the agreed period but cannot be held responsible for models that are late or fail to attend a booking.
20. USAGE AND MODEL IMAGES
All and full negotiations must be made in advance with Company. This will be relating to the usage of model images and all information and matters relating to this. The client or the photographer or any other person on their behalf, on set, on the project or employed by the client or connected with the assignment must not obtain the models signature on any document or attempt to make verbal agreements with anything to do with the project. If this does occur, any signature or agreement is not binding unless it has been agreed and approved by the agency Company. Any document such as a Contract or NDA requiring a signature must be sent to Company prior to the assignment or photoshoot, whereby it will be signed by Company on behalf of the model.
21. ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
23. GENERAL TERMS
The Client appoints the Company to provide or procure the Services in connection with and during the Assignment(s) upon the terms hereinafter appearing provided always that the Client shall as a condition precedent duly pay all sums reserved by these terms and duly observe and perform the provisions of these terms on the part of the Client. The Client hereby acknowledges that the Company shall not be liable for the suitability or otherwise of any venue event goods services Stock or Equipment or any other goods or services utilized in connection with the provision Services pursuant to these terms selected by or requested by the Client otherwise than upon the express written advice of the Company.
These terms shall constitute the entire agreement between the Company and the Client and shall apply to all agreements between the Company and the Client to the exclusion of all other terms including any terms which the Client may purport to impose under any Client purchase order or similar document. These terms shall be deemed accepted by the Client when the Client instructs the Company that it wishes to engage Applicants to fulfill an Assignment or that the Company shall otherwise provide or procure the provision of Services. Any variation to these terms must first be agreed in writing by the Company.
No job shall commence until the agency receives a Purchase Order from Client. This serves as the Agency’s confirmation. Any amendment to the form by the client will not be valid unless by prior agreement by the Agency. HandModels.co.uk agency does not provide booking of minors.