Elliott Brown Agency

Elliott Brown Agency Terms of Business

Terms and Conditions for Clients

Please read this before booking a model

BOOKING FEES

Client booking confirmation. As required by statutory regulation a client booking confirmation which sets out the terms of the booking will be sent to the client once the booking has been confirmed. It is the client’s responsibility to make sure the booking details are correct.
As required by Department of Employment regulations, an Elliott Brown Agency booking form containing the terms of the booking must be signed and returned by the client. Any Artiste introduced to a client through Elliott Brown Agency must be booked via the agency. This applies to all future assignments.
All fees are to be negotiated with Elliott Brown Agency and only with the agency.
Models introduced by the agency to a client or his agent must be booked through the agency unless the model has resigned from the agency.
Mixed agency bookings. Where EBA models are booked with models from other agencies then the fee chargeable shall be the equivalent of the highest fee payable, regardless of whether a lower fee has been quoted.
Booking fees are charged by the hour, or half day (4 hours) or by the day (8 hours), between the hours of 9am - 6pm, with one hour for lunch on a full days booking. Overtime and Weekend work will be charged by the hour or at an agreed rate with the client. Bookings that run over there booking time will be charged to the nearest quarter of an hour pro rata to the hourly rate already agreed.
In general bookings fees cover the right to use the images from a shoot for one year, in the UK, from the date of the booking or from the date of the campaign as agreed at the time of booking.
Fitting fees are half the hourly rate with a minimum fee for £45.
Travel time and expenses. Elliott Brown Agency do not charge travel time for getting to and from bookings on the same day as the booking. A models travel expenses will by covered by the client on all bookings unless previously agreed on the booking confirmation.
Travel days that are separate to the booking day will be charged at a set fee with the client and this will be agreed with the agency, client and model in writing on the booking confirmation.
Meals: It is the client responsibility to provide meals where the booking is for one day or longer.
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 a model advertises a product, he/she is able to work for any competitor unless an exclusion fee is negotiated.
Child Performance Licence: It is law that all children of under the age of 16 have a Child Performance Licence in place for every shoot they take part in. It is the clients' responsibility to apply for these. We can process the application for you if you prefer. The charge for this service is £25 per licence. Please call us if you would like more information about this legislation.
Use of images

Additional fees are 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 imaging) for all known or anticipated purposes other than the initial Permitted Use (e.g. Packs, Posters/Showcards/Record, CD, Video Covers/Swing tickets/Point of Sale/Packaging/Calendars/TV Brochures/Web Sites etc). These additional fees cover the right to use the image for one year from the date of the booking in the UK only, for the purpose or purposes agreed, whether or not appropriated.

It is the client's responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage that may be required or anticipated subsequently to the time of booking as above. Usage fees are either included in the shoot fees or may be itemised separately as shown on the booking confirmation. When negotiated as part of the shoot fee it will be charged irrespective of eventual take up of usage.

Territory. Additional fees are also 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 imaging) for all known or anticipated territories other than the UK. These additional fees cover the right to use one image for one year from the date of the booking in the territory or territories agreed and must be agreed with the agency at the time of booking.

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 subsequent to the time of booking as per above.
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.
It is an integral part of a booking agreement that the client will provide a copy in reasonable format of the finished work of the assignment.

INVOICES AND PAYMENTS

Invoices: On all invoices payment is required with 30 days of the date of invoice. In all cases the person booking the model 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. 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.

VAT is added as appropriate to fees in accordance with the laws of the land.

No use of pictures is permitted unless and until all relevant fees have been paid.
Fashion: Payment of the agreed fee confers the right to make use of a 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.

CANCELLATIONS

Cancellations will be charged if the assignment is cancelled within 2 working days of the starting time of the booking. The full fee will be charged unless the same model is rebooked within 24 hours in which case half the fee will be charged.
If the booking is for 3 days or longer a 5 day cancellation period will be in place and full fee will be charged unless the same model is rebooked within 24 hours.
If the booking is cancelled outside the 5 day period but within 10 days of the starting time, half the fee will be charged.
If a booking is cancelled due to illness or some other reason beyond the model or agents control, neither the agency nor the model shall be liable for cancellation charges.

COPYRIGHT

The photographer is not entitled to use any of the images he or she has taken for any use beyond that agreed and paid for through the agency. If the client is not the photographer, the agency is to draw these terms and conditions to the photographer.

COMPLAINTS

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

INSURANCE

It is the clients responsibility to arrange insurance of all kinds for an assignment. This includes personal and third party liability insurance at an assignment and indemnity in the event that a model is unable to attend for whatever reason.

Whilst we endeavour to provide a satisfactory and efficient service we cannot be held responsible for a models conduct on an assignment.

The agency cannot be held responsible for costs incurred as a result of the lateness of a model in attending a booking.

The agency shall not be liable to the client in respect of any loss or liability arising through any cause or act whatsoever including negligence caused directly or indirectly by any of the models as a result of lateness or non appearance at an assignment.

Elliott Brown Agency reserves the right to negotiate within the structure of these Terms and Conditions.

As the supplier of our services our Terms and Conditions take precedence over any terms and conditions which may be received from a client, even if those terms and conditions have a similar clause to this one.

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© AlI of the pictures displayed on this website are subject to copyright.
Elliott Brown Model Agency does not own the copyright on all of the shots used but will support action to ensure that individual and company rights are fully protected.

Elliott Brown Agency, Unit 9, Hinksey Business Centre, North Hinksey Lane, Oxford. OX2 0NR. Tel: (01865) 451154 Fax: (01865) 451153
Email: enquiries@elliottbrownagency.co.uk Website: www.elliottbrownagency.co.uk

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