All Clients must read the below Terms and Conditions and sign a copy, to confirm their understanding of the agreement. A copy of the signed Terms and Conditions must be returned to us together with your company letterhead.
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All Clients must read the below Terms and Conditions and sign a copt, to confirm their understanding of the agreement. A copy of the signed Terms and Conditions must be returned to us together with your company letterhead and completed application form.
The below Terms and Conditions are to be interpreted in accordance with the provisions set out in The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
’Assignment’ means the assignment to be undertaken by a Model more particularly described on the Booking Form. ’Booking Form’ means the specific agreed details of the Assignment, Model and Fees as set out on a separate booking form which is deemed to be incorporated as part of these Terms and Conditions. ’Client’ means any third party individual, partnership, company or other organisation or entity whom contracts with the Company with a view to procuring the services of a Model in respect of an Assignment pursuant to these Terms and Conditions ’Company’ means Baby Models UK. ’Fees’ means the sums payable by you to the Company in respect of an Assignment as set out on a Booking Form. ’Model’ means the model or models provided to you in respect of an Assignment ’Regulations’ means The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
2.1 The Fees agreed between the Company and a Client, as set out on a Booking Form, remain confidential information and should not be discussed with any Model or third party
2.2 The Company may quote and agree Fees with the Client by reference to an hourly or daily charge. Where agreed on a daily basis, the hours of the Assignment are deemed to be no more than eight hours and not to commence before 9am or cease after 6pm. Where the Assignment continues outside of these hours (subject to the Model agreeing) the Company will charge an overtime rate (which, in the absence of contrary agreement, will be calculated by reference to one and a half times the hourly rate per hour, such hourly rate being 1/8th of the daily rate for the Assignment). Any overtime on a Sunday or a Bank Holiday will be charged at double the normal hourly rate
2.3 All Fees must be paid by the Client within the period specified on the Booking Form. Interest on overdue invoices will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)
2.4 In the event that any additional fees are to be charged by Company in respect of an Assignment (for example, in respect of travel fees or fittings) these will be as set out on the Booking Form
2.5 Save as where agreed between an authorised representative of the Company and a Client in writing, payment of the Fees will entitle the Client to use images (to include photographs, reproductions, adaptations or drawings thereof) of the Model generated on an Assignment for one year from the date of the Assignment, 20% surcharge on total hiring fee for the second year, 40% for the third year and 50% buyout for unlimited use within the United Kingdom only for the purpose as indicated to the Company by the Client at the time of booking (’the Permitted Purpose’).
2.6 Any use of images above and beyond the Permitted Purpose will require payment by the Client to the Company of a sum to be agreed between the parties at the time of booking wherever possible (and therefore recorded on the Booking Form). In the event that the need for use beyond the Permitted Purpose is only discovered by the Client after the Assignment, the Client undertakes to notify the Company of this forthwith upon discovery and will negotiate additional fees with the Company for the additional use required
2.7 The Client shall procure that any photographer or third party it engages during an Assignment will also honour and be bound by the conditions of 2.5 and 2.6 above, and the Client shall indemnify and keep fully indemnified the Company at all times from any loss that it may suffer as a result of any photographers or third parties non-observance of these conditions
2.8 In certain cases a Client may require that a Model, if he/she is to perform an Assignment, will be precluded from working for certain other third parties (or from advertising certain products) for a specified period of time. If this is the case, it is the Clients responsibility to ensure that this requirement is cited on the Booking Form (and an additional exclusion fee will be charged by the Company in the sum cited on the said Booking Form), and it is the Clients responsibility to check that the Model has not already carried out any conflicting work.
3.1 The Company shall operate at all times as an employment agency in accordance with the Employment Agencies Act 1973
3.2 Once an Assignment has been completed and the Fees have been paid to the Company, if the Client for any reason requires a refund or a rebate then the Client must (within 24 hours, and in writing by fax) submit a claim to the Company such claim to be considered by the Company on a just and equitable basis having due regard for all of the circumstances
3.3 The Company has no authority to act on behalf of the Client, but does have authority to act on behalf of the Model to enter into a contract for an Assignment (but only once the Model has been notified of the details and terms of a proposed Assignment and indicated to the Company that it has authority to enter into a contract)
4.1 If a provisional booking is made by a Client, this will be cancelled after 24 hours if it is not confirmed by receipt of duly signed Terms and Conditions and a Booking Form.
4.2 If an Assignment is cancelled within one working day of the start time the Fees will be still be due and payable unless the same Model is re-booked within 24 hours for an Assignment of reasonable equivalence in which case only half of the Fees will be payable
4.3 If an Assignment is cancelled within two working days of the start time half of the Fees will still remain due and payable
4.4 For Assignments which were due to last three days or more, notice of cancellation must include at least as many working days as equal to the number of days the Assignment was to last. Failing receipt of such notice, the Fees will still be due and payable
4.5 In the event that an Assignment is cancelled due to the weather conditions, half of the Fees will still be due and payable provided the Company are notified in time so that the Company can reasonably prevent the Models attendance (failing which the Fees are due and payable). If an Assignment is cancelled for the second time due to the weather conditions the Fees are due and payable
4.6 Clients are obliged to provide reasonable meals and refreshments to a Model during the Assignment
4.7 The Client hereby undertakes that should it wish to engage a Model for future Assignments (or to engage any other Model represented by the Company) all negotiations at any time will be exclusively conducted with the Company
5.1 No variation to these Terms and Conditions shall be binding unless agreed in writing between an authorised representative of the Company and the Client 5.2 Any representations made by the Company or any of its employees, sub-contractors or agents (or Models) concerning the business of the Company, its Clients or any Assignment shall not be incorporated into these Terms and Conditions unless evidenced by the Company in writing
5.3 If any clause or provision of these Terms and Conditions shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms and Conditions will not be affected and shall remain in force
5.4 Any notice or other communication made by the Model to the Company shall be in writing and delivered by hand, post or facsimile to the Companys registered office. 5.5 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties
5.6 The Models that may be introduced to a Client are not employees of the Company and nothing said or done by the Company or the Model shall be deemed to have created an employment relationship
5.7 Whilst the Company shall use all its reasonable endeavours to ensure that a Model introduced shall be appropriate for the Assignment and attend punctually and appropriately, the Company is not and will not be held liable for any failure on the part of the Model or any misconduct
5.8 No waiver by either party of any breach of these Terms and Conditions shall be considered as a waiver of any other breach of the same or any other provision 5.9 These Terms and Conditions, and the relationship between the Model and the Company, shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts
I have read and understood the Terms and Conditions set out above and agree to be bound by them.
Signed by: ____________________________________
Date:___/___/2014
Print Name: ____________________________________
On behalf of:___________________________________