CLIENT TERMS & CONDITIONS
Spotted Talent and Model Management Limited
(referred to as “Spotted” in this agreement)
These terms and conditions are regulated by the Department of Employment. Any booking confirmation issued by Spotted containing the booking must be signed and returned to the agency by the client prior to the dates of the shoot. Failure to do so may result in the cancellation of the actor/(s)/model/(s).
Photographic fees cover the right to use one image for one year from the date of booking in the UK only for the initial permitted use. All further usage must be negotiated at the time of booking.
Booking fees are charged by the hour (with a minimum of 2-hour bookings for photographic or fittings) or by the day. Should a shoot run over and require extra time then this is rounded up and charged at the next half an hour. For example, a shoot that lasts 2 hours and 10 minutes would be charged at 2 hours 30 minutes. It is the responsibility of the client to be fully aware of the legal guidelines as to the licence requirements for children and the earliest start/finish times, hours allowed to work and breaks needed for different age groups, as per the Child Employment Act.
The day booking is for a 7-hour period including a 1-hour lunch break. This excludes equity contracts.
Overtime rates apply before 9am, after 6pm and on all bookings over 7 hours duration.
The overtime rate is one and a half times the daily rate between 6pm and 12am
A special rate is negotiated for night work between 12am and 9am.
Fees for fittings are charged at half the hourly photographic rate per hour with a minimum of £25 per hour and minimum 2-hour booking.
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. Spotted Talent and Model Management 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.
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.
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.
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.
AGENCY BOOKING FEES
All fees will be invoiced by the agency unless otherwise agreed at the time of the booking. VAT and any agreed expenses will be added, where appropriate. The agency reserves the right to charge the same fees as another agency should an actor or child be used from another agency for the same job as from Spotted.
EQUITY CONTRACT TV COMMERCIALS
The fees negotiated by the agent is the artist’s fee from which the agency commission will be deducted at 25% of the invoice total. VAT and agreed expenses will be added, where appropriate.
Where appropriate, all travel costs should be reimbursed with a valid receipt where appropriate and will be included in the final invoice. If child talent is used and a parent is driving, mileage should be reimbursed at the standard rates of 40p per mile, capped where appropriate. Mileage is calculated from the home postcode to the shoot location postcode via AA route finder.
Any other fees applicable will be discussed and agreed on your booking confirmation. Please ensure that the rates page on the website is read and understood before booking actors/models for additional services for example recalls, wardrobe fittings where you are unsure of the fee payable.
All invoices will be payable within 30 days of the date of invoice/. In all cases the person booking the model/actor will be invoiced and solely responsible, unless otherwise agreed at the time of the booking. Spotted reserves the right to invoice the ‘ultimate client’ (ie 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. Spotted reserve the right to add the interest at the rate of 2% over base to invoices outstanding beyond payment terms.
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 model/actor advertise a product, the model/actor is able to work for any competitor unless an exclusion fee is negotiated.
If a booking is cancelled within 48 hours of the starting time, the full fee will be charged unless the same model/actor is re-booked within 24 hours, in which case half the fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these times.
However, if a booking is cancelled due to illness or some other reason beyond the model/actor or agency’s control, the model shall not be liable for cancellation charges. This is a reciprocal agreement between model/actor and client.
No fee is charged if cancelled more than 48 hours before the start time. If a specific time has not been provided for the shoot day, this will be calculated at the earliest possible start time for the model, which is currently 7am. This is also applied to weather permitted bookings once confirmed.
Provisional bookings will be cancelled/confirmed within 48 hours of the shoot. If the model/actor has another potential client wishing to confirm then and another client has them pencilled, the agency is permitted to give the client notice that the pencil will need to be pencilled or confirmed within 24 hours in order to hold the model/actor for the same date.
Clients are responsible for model/actor’s meals, unless the client request child/parent to bring along a packed lunch or otherwise beforehand, at the time of the booking.
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 for reporting purposes only. Any other usage must be negotiated at the time of the booking.
TEST AND EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to test and experimental photographs for commercial purposes unless specific agreements have been made before the photographic session.
The photographer is not entitled to use any of the images taken beyond that agreed under sections relating to usage above. The photographer to this extent agrees to restrict use of 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/her agreement to them before the shoot commences.
The client is responsible for the model/actor’s health and safety when the model is travelling or providing services in connection with this booking. To the same extent as if the model were the 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 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 disputes 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. Unfortunately complaints cannot be considered in retrospect.
Children up to the age of 16 need a performance licence. It is the responsibility of the client to obtain a performance licence which can take up to 21 days to be issued by some councils. See separate page of the website with regards to Child Licences.