These Terms and Conditions for Clients replace any previously issued both orally or written. This is the exclusive contract unless otherwise agreed by both parties in writing. Where there is no other contract the client agrees, by accepting a Zena models to abide by these terms.
The Client will deem to be anyone or anybody corporate or representing or claiming to represent the same, who shall contact Zena models to secure the service of any person or corporate body represented by Zena models (Known as “the Company”). In dispute the provision of a standard Contract between the Company and the model, photographer or other will conclusively confirm the existence of the Company to represent.
The client undertakes not at any time in the future to employ any of the models introduced to them through the Company in any capacity whatsoever without the written consent of the Company for a period of no more than nine months after the last employment date of that model.
1.1 The Photographic Working Day. A working day is 8 hours between 09.00 hours and
17.00 hours. And includes a lunch break of half an hour (Shops Act 1950). For Photographic Assignments the minimum booking is 2 hours. The Commercial TV Working Day. A working day is 10 hours on set and includes a lunch break of one hour
(Shops Act 1950). For Press Days, Fashion Shows and Promotional Assignments the minimum booking is half a day (4 hours). Clients are responsible for all models meals on all bookings outside London area (see 1.3.)
1.2 Overtime Rates. This will apply as follows :a) the overtime TV commercial & Photographic rate is 1/5 of the normal daily rate on an hourly basis. b) It is 1/5 of the normal daily rate between 6pm and 9am. b) For other projects overtime rates will be negotiated beforehand.
1.3 Any time spent by the model travelling to or from a client’s venue will be charged at a set rate within London. b) Anytime spent by the model travelling nationally or internationally will be covered by the client.
1.4 Location Bookings. When a location booking is made, a client must provide transport there and back unless agreed otherwise. If a model on location is prevented from returning to London to work, half the daily fee is to be paid.
1.5 Weather Permitting Bookings. At the first cancellation half fee is charged unless a model arrives at the location in which case the full fee will be charged. At the second
1.6 Fashion shows. All photographs and videos of the model, all such material (or reproductions etc. As set out in 4.1 above) of the show are for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required it must be negotiated at the time of the booking.
2.0 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
3.1 Cancellation of booking by the Client
3.1.1 Within 24 hours of the booking call time the full booking fee will be charged and payable by the client unless the same model is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the client.
3.1.2 Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date than half the booking fee will be charged and payable by the client.
3.1.3 The full booking fee will be charged and payable by the client for bookings of more than three days duration: within a period equal to or less than the length of the booking.
3.2 Cancellation of booking by the Agency
3.2.1 Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer to the client a
suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
3.2.2 In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the client for any costs incurred as a result of such cancellation.
4.0 AGENCY FEES
4.1 Usage. Additional fees are payable for the right to use the model’s image (or reproductions and adaptations of part or complete derived from that image, or any other representation of it, either part or complete whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) from all known or anticipated purposes other than the initial permitted use (i.e. packs, posters, show cards, media covers, swing tickets, etc.) Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. The client is wholly responsible for notifying the company of any changes to this commission.
4.2 Territory. Additional fees are payable for the right to use the model’s image (or reproductions etc. As set out in 4.1 above) for all known or anticipated territories other than the United Kingdom. Unless agreed the additional fees cover the right to use one
image for one year from the date of booking, in the territory or territories agreed. This use must be included at the time of the booking or use is excluded from all rights.
4.3 Exclusion Fees. A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. The client is responsible for interpreting whether competing work has been done. When a model endorses a product they are unable to complete assignments for any other competitor unless an exclusion fee has been agreed.
5.0 TEST AND EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
6.1 It is the client’s responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to Health & Safety known to the client must be discussed with the model agent at the time of the booking. The client is responsible for the models safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the models health and safety as if the model were an employee of the
client. The client will maintain adequate insurance cover to underwrite its obligation to the model.
6.2 The agent is not responsible if the model fails to attend a booking. The client is advised to insure against any losses, which might be suffered if the model does not keep a booking because of ill health, or some other reason.
7.0 THE COMPANY PRACTICES
7.1 Dissatisfaction. Any cause for dissatisfaction must be reported to the company during the course of the assignment. Otherwise the company disclaims all responsibility for any loss financial or howsoever caused.
7.2.1) The Company charges a fee of £50.00 for one single model booking under £250.00 and 20% for any other model on the same booking thereafter and 20% of the rate for bookings over £250.00, to the hirer for the services to be supplied by the model (worker.) The agent will invoice both agency and model fees. Unless otherwise agreed at the time of the booking the model disbursement is included in the invoice total.
7.2.2) The Company’s standard practice is to accept bookings as a contract over the telephone and/or by e-mail. The company will confirm this contract by email. The client responsible for commissioning the booking will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking.
7.2.3) the client is liable to pay the company for the agreed contract irrespective of any post assignment contentions.
7.2.4) on all invoices payment is required to be made immediately of the date of the invoice. In all cases, the person booking the model is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Agency reserves the right in its discretion to invoice the ‘ultimate client’, (eg. designer/ manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Agency specifically agrees otherwise, in writing, no usage for the model’s image is permitted until the agency has received payment in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
7.2.5) If the client fails to pay in full on the due date any amount which is payable to the Agency, without prejudice to any other right or remedy of the Agency, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.
7.2.6) In the event that the client is providing the services on behalf of or to a third party end user, in entering into these terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:
7.2.7) enters into an agreement with the client on the same terms as these terms and conditions;
7.2.8) acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency immediately of the date of the invoice received from the Agency; and
7.2.9) acknowledges that the third party end user may not use the images until payment is received by the Agency and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used. Release forms will not be signed by the agency or model until such payments have been received.
7.3.0) Any fees received by the client from the third party end user relating to any of the rights or benefits conferred on the client by these terms and conditions shall be deposited in a designated Agency account by the client (the Third Party End User Fees). The Third Party End User Fees shall be held on trust for the Agency as beneficiary until such time as all outstanding fees owed by the client are paid in accordance with the terms of these terms and conditions
7.3 Copyright. The photographer and /or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any of the images for any usage beyond that agreed or permitted under sections 1,8.1,9, and 4. The photographer/client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all the terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences. The client commissioning the photographs (or reproductions and adaptations of part or complete picture) is restricted by copyright. The copyright is negotiated by the company at the time of the booking. The Usage (4.0) and Invoicing (5.2) regulates this copyright. Copyright remains the property of the company until all images, reproductions, and adaptations, part or complete are paid for in full.
8.0 REPRODUCTION RIGHTS.
8.1 Images. All images and details reproduced in association with the company are supplied by the individual model and with the full permission and consent of the individual model/associates. The company cannot be held responsible for any loss howsoever caused through the model misrepresenting themselves in any way.
8.2 Permission. The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with the company. The company cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the models/associates by the company.
8.3 Media Reproductions. The company reserves all rights to reproduce in any media (electronic, telegraphic, print, etc) any images supplied to the company by any individual model/associates.
9.1 All matters relating to the use of the models image, any other services supplied by the model and all fees must be negotiated and agreed only with the company directly in writing or email by both sides. The client or the photographer or any other person on their behalf or connected with them must not obtain the models signature on any document or attempt to make verbal agreements to anything. Any such signing or proposed verbal agreement is not binding on the model or the company the agent. The company must have a copy of the proposed document for signature prior to the assignment. If in agreement the company will sign this document and supply a copy of this signed document to the client.
9.2 These terms and conditions for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute. Where the context requires the singular includes the plural and he includes she.
The company acts solely for and on behalf of our models who are self-employed persons. The company is not responsible for any costs incurred due to the lateness of a model on any assignment.