Jurisdiction

1. 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.

Booking Fees

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. 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).
4. Prep and Returns fees are negotiated per artist.
5. Location Bookings. If an 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).

Additional Fees To be agreed at the time of the booking.

6. 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 (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 the booking, in the UK only, for the purpose or purposes agreed.

7. 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

8. 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 after the time of booking as per 8(a) above.

9. 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 after the time of booking as per 8(b) above.

Agency Fees

10. 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 Artist 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.
11. Equity Contract TV Commercials. The fee negotiated by the agent is the artist’s fee from which agency commission will be deducted at 35% of the invoice total. VAT and agreed expenses will be added where appropriate.
12. 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., parent company / 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.
13. 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 an 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.
14. 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.

Provisional Bookings

15. 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.
16. 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.
17. 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.

Meals and Travel

18. Clients are responsible for artists meals on all bookings outside the London area.
19. Clients are responsible for booking and covering the cost of all artists travel and accommodation on all bookings outside the London area.
20. Clients are responsible for booking and covering the cost of all artists travel inside of London, where agreed in booking.
21. Clients are responsible for booking and covering the cost of all artists work Visas and other travel documents when booking an artist abroad or coming from outside the designed country to the job location.

Fashion Shows

22. Payment of the agreed fee confers the right to make use of an artist’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.

Videos

23. All fees will be invoiced to the client. For all videos, the normal daily rates will apply plus a buy-out to be negotiated. Test & Experimental Photography, Videography & TV Commercials.
24. 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.

Editorial

25. The clients are responsible for booking and covering the cost of travel and meals for artists.  

Copyright

26. The photographer external photographer and Clients are 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.
27. Gary Represents has the right to crop and brand any work by our artists to further promote our roster on social media and with potential clients.

Complaints and Overtime

28. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect. Also, overtime should be reported at least 1 hour before going over. Bookings are based on 8-hour day + 1 hour lunch (9 hours total max). If Gary Represents is not informed of overtime in advance a standard rate of time and half per hour will be added. Overtime must be negotiated before running into.

Insurance

29. 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.

For inclusion in Talent Agreement

30. To protect the confidential information and business connections of Gary Represents Limited to which you have access because of this agreement, you undertake, during the continuance of this agreement and for 12 months following its lapse or termination, directly or indirectly, on your own behalf or on behalf of, or in connection with, any firm, company, or person, not to:
31. Endeavour to entice away from Gary Represents Limited the business or custom of any of its clients introduced to you or to whom you provide services pursuant to this agreement.
32. Provide services to any of Gary Represents Limited’s clients introduced to you or to whom you provide services pursuant to this agreement other than pursuant to this agreement.
33. Endeavour to entice away from Gary Represents Limited anyone for whom it acts as agent.
34. Any violations of the above clauses will result in the client paying to Gary Represents Limited a sum equivalent to 40% of the fees payable in respect of such services.

For inclusion in Client Terms and Conditions

35. The client shall not, without the prior written consent of Gary Represents Limited, at any time from the date of this agreement to the first anniversary thereof, engage the service of the artist, directly or indirectly, other than through Gary Represents Limited. Any such consent shall be subject to the client paying to Gary Represents Limited a sum equivalent to 40% of the fees payable in respect of such services.

Late Payments and Debt Collection

36. Invoices not settled within 30 days of the payment terms are liable to late payment fee and to be passed onto an external debt collection agency of our nomination.
37. We reserve the right to charge interest on late payments.
38. Invoices not paid within the agreed payment terms are liable to an initial fine of 10% of the full original booking. Then an additional cost of 1% per day overdue thereafter.
39. All collection charges due to the use of an external debt collection agency are payable in full by you as per the Late Payment of Commercial Debts (interest) Act 1998 and the Late Payment of Commercial Debt Regulations 2013.
40. Persistent non payment may lead to your credit terms being withdrawn at our sole discretion and without prior consultation. In such an event, all invoices will become payable immediately regardless of whether they are not yet due for payment.
41. Should the client close the business we are trading with or go into liquidation we reserve the right to be the ‘ultimate client’. To have our payment made a priority and paid in full. Including any additional costs occurred. Within 30 days of this process taking place.

We reserve the right to negotiate within the structure of these Terms and Conditions.