Terms and Conditions - Reality Check Management Ltd
Please read this document carefully before booking a Reality Check Artist. All Clients must sign a booking confirmation before an assignment. By signing our agreement you have accepted our terms and conditions.
- As required by Department of Employment regulations, Reality Check Management Ltd booking confirmation contained the terms of the booking must be signed and returned by the client.
- 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.
- Daily/Hourly Rate. Booking fees are charged by the day or by the hour. The minimum booking period is 2 hours.
- Overtime. Overtime rates 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 one and a half times the normal rate
d) Work on Sundays and Bank Holidays is at double the normal rate - 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).
- Fittings. Fees for fittings are charged at half the hourly rate with a minimum of £50 per hour.
- 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).
- In the event that models from other agencies are working on the same assignment providing the same services as Reality Check Management ltd, Reality Check Ltd reserve the right to charge at the same rate as the other agency.
- 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, 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 only for the purpose or purposes agreed whether or not appropriated.
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 wordings 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. - a) Usage. It is the client's responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for any usage which may be required or anticipated subsequent to the time of booking as per 9(a) above
b) Territory It is the client's responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 9(b) above - All fees for the right to use pictures once agreed are payable irrespective of whether the pictures are used or not.
-
a) All bookings excepting equity contract TV commercials subject to repeats: 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 agent. Unless otherwise agreed at the time of booking the model disbursement is included at 66.66% and the agents' fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
b) For TV Commercials involving an agreed buy out: The agency will charge a supplement 20% on both the shoot fee and the buy out fee - Payment - On all invoices payment is due on presentation 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). No use of pictures is permitted unless and until all relevant fees have been paid.
- Exclusivity. A special fee will be negotiated when the work is in conjunction with a produce which precludes works 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.
- Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or a definite booking is offered and the provisional cannot be confirmed.
- a ) If a booking is cancelled within five working days 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 five day period but within ten working days of the starting time then half the fee will be charged.
c) 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 because of force majeur as defined in clause 26 the model shall not be liable for cancellation charges. - 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).
- All fees will be invoiced to the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.
- 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.
- 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 2,9,10 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 terms and conditions to the attention of the photographer and obtain his agreement before the shoot commences.
- Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
- Indemnity and Insurance
1) the Client shall indemnify Reality Check Management fully against all claims proceedings actions damages legal costs expense and any other liabilities in respect of death or personal injury or loss of or damages to any property which is caused directly or indirectly by any act or omission of the Client
2) the Client shall effect and maintain with a reputable insurance company any policy or policies of insurance providing an adequate level of cover in respect of all risks which may incurred by the Client arising out of the Client's performance of the contract in respect of death or personal injury or loss or damage to property
3) the Client shall produce to Reality Check Management on request copies of all insurance policies referred to in this condition or other evidence confirming the existence and extent of the cover given by those policies together with receipts or other evidence of payment of the latest premiums due under those properties
4) terms of any insurance or amount of cover shall not relieve the Client of any liabilities under this agreement. I shall be the responsibility of the Client to determine the amount of insurance cover that will adequately enable the Client to satisfy any liability referred to in this condition - Services of Notices and Communications
1) Except as otherwise expressly provided for within the agreement no notice or other communication from one party to the other shall have any validity under the agreement unless made in writing or on behalf of the party concerned
2) Any notice or communication which is to be given by either party to the other shall be given by letter or by facsimile transmission confirmed by letter. Such letters shall be delivered by hand or sent pre-paid by First Class Post to the other party and for this purpose Reality Check Management 97 Charlotte Street London W1T 4QA. If the other party does not acknowledge receipt of any such letter or facsimile transmission and the mail is not returned as undelivered the notice or communication shall be deemed to have been given three working days after the day on which the letter was posted - Force Majeure
a) Neither party shall be liable to the other party by reason of any failure or delay in the performance of its obligations under the Agreement which is due to force majeure where there is no practical means available to the party concerned to avoid such failure or delay
b) If either party becomes aware of any circumstances of force majeure which may give rise to any such failure or delay or which appear likely to do so that party shall promptly give notice of those circumstances as soon as practicable after becoming aware of them and shall inform the other party of the period for which it estimates the failure or delay shall continue
c) For the purposes of this condition force majeure means any event or occurrence which is outside the control of the party concerned and which is not attributable to any act or failure to take preventative action by the party concerned but shall not include any industrial action undertaken by the Client - This contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales. Please Note:
- All fees are to be negotiated only with Reality Check Management.
- Whilst every reasonable endeavor is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model's conduct on an assignment.
- Reality Check Management cannot beheld responsible for any costs incurred as a result of the lateness of a model in attending a booking
- Reality Check Management reserve the right to negotiate within the structure of these Terms and Conditions
- Models introduced by us to a client or his agent must be booked through Reality Check Management ltd.
- 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
- These contractual terms and conditions bind all clients who contract with Reality Check Management and clients who are so must notify all third parties affected by the contract that these terms and conditions apply.