Elliott Brown Agency Terms of Business All clients should read this carefully before booking a model 1. As required by Department of Employment regulations, Elliott Brown Agency's booking form containing the terms of the booking must be signed and returned by the client. 2. Normal hours of a day's booking are between 0900 and 1800. A working day is 8 hours to include reasonable breaks for refreshment. BOOKING FEES 3. Permitted Use. In general, booking fees cover the right to use one image for one year from the date of the booking. In the UK only, for the initial Permitted Use. 4. Daily/Hourly Rate. Booking fees are charged by the day of by the hour. 5. Overtime. Overtime rates apply before 0900, after
1800 and on all bookings over eight hours. 6. Fittings. Fees for fittings are charged at half the hourly rate with a minimum fee of £50. 7. 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. ADDITIONAL FEES To be agreed at the time of booking 9a. Usage. 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 per 8(a) above. 9b. Territory. 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 8(b) above. AGENCY FEES lOa. All bookings excepting Equity Contract TV Commercial: The agency charges a supplement of 10% or 20% on hourly/daily and usage fees confirmed at the time of booking. Unless otherwise agreed at the time of the booking the model disbursement is included at 72.70% and the agent's fee at 27.30% or 66.66%/33.33% respectively of the invoice total. VAT and any agreed expenses will be added where appropriate. lOb. Equity Contract TV Commercials: the fees negotiated by the agent is the artist's fee from which the agency commission will be deducted at 20% of the invoice total. VAT and agreed expenses will be added where appropriate. lOc. For TV Commercial involving a buyout: the agency
will charge a supplement of 20% on both the shoot fee and the buyout
fee. 11, 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. PROVISIONAL BOOKINGS 12. 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. CANCELLATIONS 13. If a booking is cancelled within one working day of the starting time the full fee will be charged unless the same model is re-booked within 24 hours in which case half the fee will be charged. If a booking is cancelled outside the one-day period but within two working days of the starting time then half the fee will be charged. Weather-Permitting bookings. At the first cancellation, a half-fee is charged, unless the client fails to cancel in time to prevent the model's attendance, when the full fee is payable. At the second cancellation the full fee is charged. INVOICES 14. 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. FASHION SHOWS 15. 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. TEST & EXPERIMENTAL PHOTOGRAPHY 16. A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session. COPYRIGHTS 17. The photographer is not entitled to use any other
images he takes for any usage beyond that agreed under sections COMPLAINTS 18. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect. PLEASE NOTE · All fees are to be negotiated only with Elliot
Brown Agency.
Elliott Brown Agency, Unit 9, Hinksey
Business Centre, North Hinksey Lane, Oxford. OX2 0NR. Tel: (01865)
451154/5 Fax: (01865) 451153 |