1.1 These Conditions shall apply to all quotations given or contracts made or to be made by ALLSTARS STAFF LIMITED, a company registered in England and Wales under number 07563151 whose registered office is 23 FALCONWOOD CHASE WORSLEY MANCHESTER M28 1FG (“the Agency”) for the supply of modelling services. The making by the person with whom the Agency is contracting (“the Client”) of any booking for a model or the acceptance by the Client of any services supplied by the Agency shall constitute unqualified acceptance by the Client of these Conditions.
1.2 Any conditions submitted, proposed or stipulated by the Client in whatever form and at whatever time, whether written or oral, are expressly waived and excluded.
1.3 No change to these Conditions shall be binding unless agreed in writing by the Agency.
2.1 The Agency shall upon request by the Client make available to the Client such of the child models as are in its current model portfolio and are available (“the Services”) in accordance with the provisions of these Conditions.
2.1.1 The Client shall engage any child model made available by the Agency for the purpose(s) set out in the release form completed by the Agency in respect of the booking (“the Permitted Purpose”).
3.1 Unless otherwise agreed in writing by the Agency, a booking of a child model by the Client entitles the Client to use one image in respect of such child model for one year from the date of the booking, in the United Kingdom of Great Britain and Northern Ireland (“the UK”) only] for the Permitted Purpose.
3.2 The Client shall restrict the use of the copyright in any material produced as a result of any booking to which these Conditions apply to that set out in condition 3.1. In the event that the Client is not the owner of the copyright, the Client shall procure that the owner of the copyright shall restrict the use of the copyright in any material produced as a result of any booking to which these Conditions apply to that set out in condition 3.1.
4.1 The model fees are charged by the day or by the hour. Extra half hours or parts of half hours shall be paid at half the hourly Model Rate. Different Model Rates apply in respect of each of:
4.1.1 Modelling for the purposes of still photography (“Photographic Modelling”) and;
4.1.2 Modelling for the purposes of television commercials, (whether for equity contract or a buyout) and video (“Telegraphic Modelling”).
4.2 The Agency’s fees for Photographic Modelling are the applicable Model Rates plus a supplement of twenty per cent. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of the booking the model . VAT and any agreed expenses will be added where appropriate.
4.2.1 The Agency will take 25% of any photographic modelling casting / audition total invoice or 20% if under £100. VAT and any agreed expenses will be added where appropriate.
4.3 The Agency’s fees for Telegraphic Modelling are as follows:
4.3.1 Equity contract television commercials – The fee negotiated by the agent is the artist’s fee from which the agency commission will be deducted at twenty per cent of the invoice total. VAT and any agreed expenses will be added.
4.3.2 Television commercials involving a buy out – The Agency will charge a supplement of twenty five per cent on both the shoot fee and the buyout fee. Both the shoot fee and the buy out fee shall be negotiated in respect of each booking at the time of booking.
4.3.3 Videos – The Agency’s fees are the applicable normal daily model rates plus a buy-out to be negotiated.
4.4 A day booking is for an 8 hour period including a 1 hour lunch break.
4.5 Unless otherwise agreed in writing by the Agency, the minimum booking is for 2 hours.
4.6 The rates in the Agency’s list of Model Rates are stated exclusive of Value Added Tax, which the Agency shall charge as appropriate.
4.7 The Agency shall include in the invoice any agreed expenses.
4.8 Chaperone Fees shall be included in the invoice by the "Agency" with a deduction of 20% for TV Film Commercials Stage Corporate Stills Modelling & 25% for any Overseas work.
5.1. Overtime Model Rates apply:
5.1.1. before 0900 hours, after 1800 hours on weekdays;
5.1.2. for all bookings over 8 hours.
5.2. The overtime Model Rates are calculated as follows: Time/Day.
* Overtime rate between 1800 hours and 2400 hours.
* 1.5 times usual hourly Model Rate between 2400 hours and 0900 hours
* A special Model Rate to be negotiated at the time of booking.
* Bookings over 8 hours – 1.5 times usual hourly Model Rate for the [whole time/ time before 0900 hours and after 1800]
5.3. If a model works longer than the pre-booked times, the time worked outside the pre-booked hours will be charged at:
5.3.1. the usual hourly Model Rate if between the hours 0900 hours and 1800 hours on weekdays; and
5.3.2. at the applicable overtime Model Rate if outside the hours 0900 hours and 1800 hours on weekdays.
6.1 Special Model Rates apply in the following circumstances and shall be calculated as follows:
* Time spent by a model travelling outside a 5 mile radius of CENTRAL LONDON
– 0.5 times usual hourly Model Rate.
* Time spent by a model for fittings – 0.5 times usual hourly Model Rate; minimum fee of £20 per hour.
* If a model on location is prevented from returning to [London/ his home] [to work] – 0.5 times usual daily Model Rate.
7.1 Additional fees are payable for:
7.1.1 the right to use the photographs (or reproductions, or adaptations of, or drawing therefrom, either complete or in part, alone or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated purposes (including, without limitation, showcards, record covers and swing tickets) other than the Permitted Purpose;
7.1.2 the right to use the photographs (or reproductions, or adaptations of, or drawing therefrom, either complete or in part, alone or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated territories other than the UK;
7.1.3 weather permitting bookings;
7.1.4 any agreement precluding the model from working for competing products;
7.1.5 any agreement requiring a model to provide exclusive modelling services; and
7.1.6 any other rights for which the Agency shall consider attract additional fees.
7.2 Additional fees for new bookings shall be negotiated at the time of booking. Additional fees payable as a result of extensions of an existing agreement between the Agency and the Client shall be negotiated at the time of agreeing the terms for such extension.
7.3 The Client is solely responsible for notifying the Agency of the need to negotiate additional fees, if applicable:
7.3.1 at the time of booking; and
7.3.2 at the time of agreeing terms for an extension to an existing agreement;
8.1 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 booking cannot be confirmed.
9.1 If the Client cancels a booking within 24 hours before the booking the full fee will be charged unless the same model is re-booked by the same client within 24 hours in which case half the fee is charged.
9.2 If a booking is cancelled outside the one day period but within 48 hours before the booking then half the fee is charged.
9.3 If a confirmed booking is cancelled out of the above time scale the cancellation fee will be a minimum of a 1 hour fee of £80.00 + agency fee of 20% and if a license has been submitted the fee of £35 will also be charged.
9.4 If the length of the booking is for more than three days, if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged.
9.5 Saturdays and Sundays are excluded in calculating such cancellation periods.
10.1 If the Client has notified the Agency that a booking is a weather permitting booking, then:
10.1.1 at the first cancellation, a half fee is charged unless the client fails to cancel in time to prevent the models attendance, when the full fee is payable.
10.1.2 at the second cancellation the full fee is charged.
10.2 In the event that a weather permitting booking is delayed due to weather, the Client may request that the model goes on standby for a maximum of 3 hours. In such event, the model shall remain contactable by telephone and able to go to the shoot immediately on request.
10.3 Should the Model become stranded by location due to weather warnings then it will be the Clients Full responsibility to ensure Travel & Hotel is provided should they struggle to get home within a reasonable time.
11.1 If the Client postpones a booking, then, provided that the Client re-books the same model within 24 hours of the time of postponement:
11.1.1 the Client shall pay half the fee plus VAT and any agreed expenses; and
11.1.2 if the Client then cancels the postponed booking, the Client shall pay the balance of the full fee plus VAT and any agreed expenses.
12.1 In the event that a booking needs to be cancelled or postponed by the model, the Agency shall inform the Client as soon as is reasonably practicable.
12.2 The Agency shall not be liable to the Client for any loss incurred by the Client, whether directly or indirectly, as a result of:
12.2.1 any cancellation or postponement of any booking by the model; or
12.2.2 failure by the model to attend any booking.
12.3 The Client undertakes that it shall not pursue the model (or the model’s parent or guardian) in respect of any loss incurred by the Client, whether directly or indirectly, as a result of:
12.3.1 any cancellation or postponement of any booking by the model; or
12.3.2 failure by the model to attend any booking.
13.1 Payment shall be made within 60 days of the date of the invoice. Unless otherwise agreed at the time of booking, the person booking the model will be invoiced and solely responsible for payment. All fees are in respect of the right to use an image and, once agreed, are payable irrespective of such right being exercised.
14.1 The client is responsible for the model’s health and safety when the model is travelling, or providing services, in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model.
15.1 The Client agrees to fully indemnify and keep fully indemnified the Agency (and its directors, officers and employees) immediately on demand against any liability, loss, damage, expense, claim, fine, demand, proceeding, damage, charge, expense or cost directly or indirectly suffered or incurred by the Agency as a result of any breach by the Client of these Conditions (and in particular, conditions 3.2 and 14.1) or any term of the agreement between the Agency and the Client.
16.1 Any cause for complaint should be reported to the Agency when it arises. Complaints cannot be considered in retrospect.
17.1 These Conditions and any agreement with the Client to which these Conditions apply shall be governed by and construed in accordance with English law and the parties hereby submit to exclusive jurisdiction of the English Courts.