1. As required by Department of Employment regulations, Gary Represents (Trading under GKD Business Support) booking form containing the terms of the booking must be signed and returned by the client.
2. 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.
4. 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 daily rate between 18:00 and 24:00 hours.
b. A special rate is negotiated for night work between 24:00 and 09:00 hours.
c. Work on Saturdays is at one-and-a-half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel will be charged at half the hourly rate: this applies to travel outside a five-mile radius of Hyde Park Corner (ie 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).
6. Fittings. Prep and Returns fees are negotiated per artist.
7. Location Bookings. If a artist on location is prevented from returning to London to work - half the daily fee is to be paid. (NB When a location booking is made the client must provide information about transport there and back).
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 therefrom, 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 (eg 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 the booking, in the 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 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 for one year from the date of the booking, in the territory or territories agreed.
To be agreed after the time of the booking
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 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 8(b) above.
10. All payment’s are required to be in GDP unless otherwise stated.
10(a). All bookings excepting Equity Contract TV Commercials. Both agency fees and artist fees will be invoiced by the agent. Unless otherwise agreed at time of booking the model disbursement is included at 65% and the agent’s fee at 35% of the invoice total. VAT and any agreed expenses will be added where appropriate.
10(b). Equity Contract TV Commercials. The fee negotiated by the agent is the artist’s fee from which agency commission will be deducted at 20% of the invoice total. VAT and agreed expenses will be added where appropriate.
11. On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the artist 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). All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
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 client’s responsibility to check whether conflicting work has been done. If a artist or he/she skills are used to advertise a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
13. Additional expenses. All expenses incurred by the Agency on the clients' behalf will be charged to the client and will include an uplift of 15% of the total amount of the expenses.
14. 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.
15. If a booking is cancelled within one working day of the starting time the full fee will be charged unless the same artist is re-booked within 24 hours, in which case half the fee will be charged.
If a booking is cancelled outside the one-day period but within two working days of the starting time then half the fee will be charged.
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 artist and client.
However if a booking is cancelled because of illness or some other reason beyond the artist’ or agents’ control (and upon the production of the appropriate evidence) the artist shall not be liable for cancellation charges.
16. Weather Permitting Bookings. At the first cancellation, a half-fee is charged unless the client fails to cancel in the time to prevent the artist's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
17. Clients are responsible for artists meals on all bookings outside the London area (see 5).
18. Payment of the agreed fee confers the right to make use of a artists 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.
19. 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.
Test & Experimental Photography & TV Commercials
20. A photographer or client is not entitled to use test and/or experimental photography or test commercials for commercial purposes unless specific arrangements have been made with the artist's agent prior to the test.
21. The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed under sections 2, 8, 9 above. The photographer to this extent agrees to restrict use of his/her copyright and, if the artists agency’s client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his/her agreement to them before the shoot commences.
22. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
23. The client is responsible for the artists health and safety when the artist is travelling, or providing services, in connection with the booking to the same extent as if the artist were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the artist.
The agent is not responsible if the artist fails to attend the booking. The client is advised to insure against any losses which might result if the artist does not keep a booking because of ill health or some other reason.
24. 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.
25. We reserve the right to charge interest on late payments.
AS A 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.
Photographs may not be used until all fees are paid in full.
All fees are to be negotiated only with Gary Represents.
Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model's conduct on an assignment.
We reserve the right to negotiate within the structure of these Terms and Conditions.