Terms & Conditions

FLAME MODELLING AGENCY LTD - TERMS AND CONDITIONS FOR THE PROVISION OF MODELLING SERVICES

We, the Supplier, the Agent or Agency in these Terms and Conditions means Flame Modelling Agency Ltd.
The Client, means both the instructing party responsible for payment of the invoice for the services and any other party who might use the resultant product in any format.

BOOKING FEES
1.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 for the initial Permitted Use.

2.Daily/ Hourly Rate

Booking Fees are charged by the day or by the hour.

3.Overtime

a. Overtime rates apply before 0900 hrs, after 1800 Hrs on all bookings over eight hours.
b. The overtime rate is one and a half times the hourly rate between 1800 Hrs and 2400 Hrs.
c. A special rate is negotiated for night work between 2400 Hrs and 0900 Hours.
d. Work on Saturdays is one and a half times the normal rate.
e. Work on Sundays and Bank Holidays is at double the normal rate.

4.TRAVEL

Travel will be charged at half the hourly rate, this applies to travel outside 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) - The London Area.

5. FITTINGS

Fees for Fittings are charged at half the hourly rate with a minimum of £75 per hour.

6. LOCATION BOOKING

a. If a Model, on location, is prevented from returning to London to work, half the daily fee is to be paid.
b. When a location booking is made the Client must provide information about transport there and back.

7.ADDITIONAL FEES

To be agreed at the time of Booking.
a. Usage
Additional fees are payable for the right to use the photographs for reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any working or drawing: 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 booking, in the UK only, for the purpose or purposes agreed.
b. Territory
Additional fees are payable for the right to use the photographs for reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any working or drawing: including electronic image for all known or anticipated purposes in 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.

8.ADDITIONAL FEES

To be agreed after the time of the booking.
a. Usage
It is the Client's responsibility to notify the Agent and negotiate an additional fee including extensions of existing agreements for any usage, which may be required or anticipated subsequent to the time of booking as per 7a 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 7b above.

9. AGENCY FEES

The fee negotiated by The Agent is the artist's fee from which Agency Commission will be deducted at 33.33% of the invoice total, VAT and agreed expenses will be added where appropriate.

All booking's excepting Equity Contract TV commercial, TV and Films, will be charged with a supplement of 20% on all agreed hourly, daily and usage fees.

10. PAYMENT TERMS

On all invoices, excepting Travel Invoices, payment is required within 30 days of the date of the invoice. In all cases the persons 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 / Manufacture / Owner of the product in question). All fees for the right to use pictures or other media, once agreed are payable whether or not the use is appropriate or is actually implemented. If an invoice is not paid within the 30 day period then the Agency is entitled to make an additional charge of interest, @ 12% or if higher 5% above the base rate, published from time to time, by Barclays Bank Plc for the number of days over the 30 days plus an additional 3 days for any cheque to clear. Travel Invoices for pre-paid travelling expenses, that are the responsibility of the Client, to get the Model to or from the Job must be paid immediately the Invoice is received. If a Travel Invoice is not paid within 14 days of the Invoice Date, then interest, at the above rate, will be chargeable from the date of the Invoice to the date of payment plus 3 additional days for any cheque to clear.

11. EXCLUSION FEES

A special fee will be negotiated when the work is in conjunction with a product and the Client wishes to preclude the Model from working for competing products. It is the CLIENT'S responsibility to check whether conflicting work has been done. If a Model advertises a product this will not prevent her from working for any competitor UNLESS an exclusion fee has been negotiated.

12. 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.

13. CANCELLATIONS

a. 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.
b. 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.
c. However if a booking is cancelled because of illness or for some other reason beyond the Model's / or Agency's control (and upon the production of the appropriate evidence) the Model shall not be liable for cancellation charges.
d. 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.
e. These provisions are reciprocal between the Client and the Model.
f. Whilst we endeavour as Agents to provide an efficient and professional service to our Clients, we cannot be held responsible for the Model's conduct whilst on an assignment nor for a Model's failure to attend the booking. Nor can the Agent be responsible for any costs incurred due to the Model's failure to attend the booking. You may wish to insure against a Model not being able to work as a result of illness or for a Model's cancellation or failure to carry out a booking.

14. 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 or subsequent cancellations the full fee is charged.

15. MEALS

Clients are responsible for Model's meals on all bookings outside the London area (see section 4 above).

16. FASHION SHOWS

Payment of the agreed fee confers the right to make use of a Model's service 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 booking.

17. VIDEOS

All fees will be invoiced to the record company. For all videos the normal daily rates will apply PLUS a buyout to be negotiated.

18. TEST AND 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.

19. COPYRIGHT

The photographer is NOT entitled to use any of the images he takes for any usage beyond that agreed (under sections 1, 7, 8, 11 above) the photographer to this extent agrees to restrict use of his copyright and if the Client is not the photographer the Client is to draw those terms and conditions to the attention of the photographer and obtain their agreement to them before the shoot commences.

20. COMPLAINTS

Any cause for complaint should be reported when it arises.  Complaints cannot be considered in retrospect.

21. CONTRACT PRECEDENCE

PLEASE NOTE AS THE SUPPLER OF THE SERVICE 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.

22. USE OF IMAGES

Photographs or images may not be used until all fees are paid in full.

23. MODEL'S CONDUCT

Whilst every endeavour is made to provide a satisfactory and efficient service to our Clients we cannot be held responsible for a Model's conduct on an assignment.

24. NEGOTIATIONS

a. All fees are to be negotiated only with Flame Modelling Agency Ltd.
b. We reserve the right to negotiate within the structure of these terms and conditions.

bookings@flamemodelling.co.uk

Flame Modelling is the trading name of Flame Modelling Agency Ltd
registered in the UK   No.6632439 Registered Office:-          
2 Glamorgan Road, Kingston upon Thames, Surrey  KT1 4HP