Sirius Young Performers Limited client booking terms
All clients should read this carefully before booking a model or performer.
As required by department of employment regulations, Sirius Young Performers Limited booking confirmation containing the terms of the booking must be signed and returned by the client before the shoot date. Failure to do so may result in the cancellation of the artist. These terms are supplied to the client at the first point of contact to the agency and proceeding to work with the agency is an understanding of these terms. Once an artist is introduced to a client by way of submission and/or casting/shoot, Sirius Young Performers Limited are to act as agent to that artist regardless of any subsequent requirements for the artist to fulfil the said assignment. Likewise, any repeat jobs and correspondence regarding that artist is to be with Sirius Young Performers solely. It is understood that booking an artist from Sirius Young Performers is an acceptance of this understanding until otherwise agreed between the client and Sirius Young Performers as agent.
1. BOOKING FEES
Permitted use in general, photographic 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.
2. 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 2 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.
Fees for fitting are charged at half the hourly rate with a minimum of £25 per hour.
5. (a) USAGE
Additional fees are payable for the right to use 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 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. In the event that a client publishes, releases, prints, airs an image, footage, or material without consent of the artist, or their Agency, (i.e. Sirius Young Performers Limited), the Client understands that they will remain solely responsible for any subsequent legal claims and costs incurred. The Agency is not responsible for breach of Intellectual Property Rights issues arising because of any misuse of material in any form.
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 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.
6. (a) USAGE 2
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 6 (a), above. (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 6 (b), above.
7. AGENCY FEES
All bookings, except Equity Contract TV commercials, will be subject to a 20% commission fee on all shoot and usage fees 30% modelling only. Fees will be invoiced by the agency, unless otherwise agreed at the time of booking. VAT where applicable and any agreed expenses will be added where appropriate.
All travel costs should be reimbursed with valid receipt and will be included in the final invoice. If the parent is driving, petrol should be reimbursed at the standard rate of 25p per mile. This is calculated from a recognised route finding application such as Google Maps.
9. PAYMENT TERMS
All invoiced payments are 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.
10. 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.
11. 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 24 hours 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. Saturdays, Sundays and Bank Holidays are excluded from these calculations. 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. This is a reciprocal arrangement between models and client.
13. 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, unless client requests child/parent to bring along a packed lunch or otherwise beforehand, at the time of booking.
15. 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.
17. 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 or she takes for any usage beyond that agreed under sections relating to usage 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.
22. (a) 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 5-10 working days, depending on the council involved.
(b) AGENCY ACTING ON BEHALF OF APPLICANT
Please note that should you wish Sirius Young Performers to apply for a Child Performance Licence on your behalf, there will be a fee of £20 per child, whether or not the child is confirmed. Please note that: 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. PLEASE NOTE 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 Sirius Young Performers Limited. It is not permitted for a client to use photographs, or footage for any use whatsoever until all fees are paid in full. Usage is to be paid to Sirius Young Performers for additional use for all footage, images and data which was achieved whilst an artist was registered with Sirius Young Performers, whatever the circumstances or time lapse involved (incl. the artist having left the agency, or represented by another). In the event an artist leaves the agency and cannot be contacted any fees paid to the agency in such circumstance will remain in a Client account for a period of 12-months, after which time will become the property of the agency. It is not permitted for a client to have direct contact with an artist/parent without prior arrangement by the agency and in writing. Any arrangements made with, or contractual obligations agreed to, by the artist, with the client and without the written agreement and/or knowledge of the agency, will not stand and Sirius Young Performers Limited accepts no culpability for such agreements. 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.