TERMS AND CONDITIONS

As required by Department of Employment regulations - M Management booking form containing the terms of the booking must be signed and returned by the client. No job shall commerce until the M Management receives the confirmation of your agreement to the terms and conditions and booking details.

Booking Fees:

General: Models rates are based on individual bases. Rates are determined by M Management, on resume, experience and titles.

Deposit: We require a 50% booking deposit from all clients. Payment may be requested in advance. If deposit is not received up front, the Model/ Talent will not be sent to the job. Payments should be made payable to M Management

Invoicing: On all invoices, payment is required within 14 day (or if agreed otherwise) of date of 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 agent reserves the right to invoice the 'ultimate client' (i.e. 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 the invoice. 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 agent specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate prior to booking.

Late payment: We reserve the right to charge interest on all late payments.

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.

Daily/Hourly Rate: Booking fees are charged by the day or by the hour. The minimum booking period is 2 hours. Set fees can be set by M Management for a specific Job.

Overtime: Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
a) The overtime rate is one and a half times the normal rate between 1800 and 2400 hours
b) A special rate is negotiated for night work between 2400 and 0900 hours
c) Work on Saturdays is one and a half times the normal rate
d) Work on Sundays and Bank Holidays is at double the normal rate

Travel: Travel will be charged at half the hourly rate: this applies to travel outside a five mile radius of Hyde Park Corner (i.e. Chiswick in the west, Golders Green and Highgate Village in the north, Mile End in the east, Streatham Hill and Tooting Bec in the south).

Job Specified: At the time of booking, Client must specify the type of job.

Lingerie: Client must specify the exact type of lingerie at the time of the booking. Agency must clear with model before accepting any lingerie bookings. A closed set must be provided. ***Lingerie/Underwear (bras, panties, slips and pantyhose): Charged at Double Rate ***All transparent Garments or Semi-nudes: Charged at Triple Rate

Test Shoots: The photographer may only use Test Shots for self-promotion of themselves and/or model. All usage must be negotiated with Agency.

Releases: No model's release will be signed. Any release signed by the model without consent of the agency will be considered null and voided.

Fitting & Rehearsal Fees: Fees to be charged at half the hourly rate with a minimum of one hour. Only specified differently by M Management.

Preparation Time: Preparation time for hair, make-up and wardrobe are billed at a full rate. Only specified differently by M Management.

Fittings: Fees for fittings are charged at half the hourly rate with a minimum of £30 per hour.

Location Bookings: If a model on location is prevented from returning to London to work - half the daily fee is to be paid per day (NB: when a location booking is made the Client must provide information about transport there and back).

Expenses, Travel Time/Accommodation: The client is responsible for the payment of travel hotel, meals and subsistence costs when Model or Talent is required to work away from his/her home or location.

Model/ Talent: In the event that models from other agencies are working on the same assignment providing the same services as M Management Models or Talent, M Management reserve the right to charge at the same rate as the other agency.

Additional Fees

To be agreed at the time of booking:
a) Usage: 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, show cards, record covers, swing tickets etc.) In general the additional fees cover the right to use one image for one year from the date of the booking in the UK only for the purpose or purposes agreed whether or not appropriated.
b) Territory: Additional fees are also 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 wordings or drawings including electronic imaging) for all known or anticipated territories other than the UK. In general the additional fees cover the right to use one image for one year from the date of the booking in the territory or

To be agreed after the time of booking:
a) Usage: It is the client's responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for the usage which may be required or anticipated subsequent to the time of booking as per 17a) above.
b) Territory: It is the client's responsibility to notify the agent and negotiate additional fees (including extensions and existing agreements) for the usage which may be required or anticipated subsequent to the time of booking as per 17a) above
c) All fees for the right to use pictures once agreed are payable irrespective of whether the pictures are used or not.

Agency Fees

a) All bookings excepting equity contract TV commercials subject to repeats: the agency charges a supplement of 20% on all hourly daily and usage fees. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model disbursement is included at 66.66% and the agents' fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
b) For TV Commercials involving an agreed buy out: The agency will charge a supplement 20% on both the shoot fee and the buy out fee. VAT and agreed expenses will be added where appropriate.

Exclusion Fees: A special fee will be negotiated when the work is in conjunction with a product which percludes work for competing products. It is client's responsibility to check whether conflicting work has been done. If a Model or Talent advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.

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.

Cancellations

a) 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.
b) If a booking is cancelled outside the five day period but within two working days of the starting time then half the fee will be charged.
c) Bookings of more than three days duration: If the booking is cancelled within a period equal to the length of the booking then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between model and client. However, if a booking is cancelled because of illness or some other reason beyond the Models’/ Talents’ or the agents’ control, model shall not be liable for cancellation charges.
d) 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.

Meals

Clients are responsible for models' meals on all full day bookings and bookings outside the London area.

Videos

All fees will be invoiced to the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.

Fashion Shows

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 and Experimental Photography

A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made with M Management before the photographic session.

Copyright

The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed under sections 2, 17, 18 above. The photographer to this extent agrees to restrict use of his copyright and, if the model agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his agreement before the shoot commences.

Models/ Talent:

a) Models/ Talent introduced by M Management to a client or his agent must be booked only through M Management, even for other jobs at a later date. Clients that books M Management Model/ Talent without notifying M Management will be invoiced.
b) Any documents signed or any verbal agreement made by the Model/Talent while on a job or after a job with the client or a third party connected to the client (i.e. Release forms, contracts, image release etc) without the authorization from M Management, will be not be binding on the Model/ Talent or Agent.

Complaints

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

Indemnity and Insurance

It is the client’s responsibility for the Model’s/ Talent’s health and safety when the Model/ Talent is traveling, or proving services, in connection with the booking to the same extent as if the Model/ Talent were on an employee of the client. The client will maintain adequate insurance cover (as stated below) to underwrite its obligations to the Model/ Talent. It is the client responsibility to carry out a comprehensive risk assessment of the location, equipments and work conditions.

a) The agent (M Management) is not responsible if the Model/ Talent fails to attend the booking. The client is advised to insure against any losses which might result if the Model/ Talent does not keep a booking because of ill health or other reason.
b) the Client shall indemnify M Management fully against all claims proceedings actions damages legal costs expense and any other liabilities in respect of death or personal injury or loss of or damages to any property which is caused directly or indirectly by any act or omission of the Client
c) the Client shall effect and maintain with a reputable insurance company any policy or policies of insurance providing an adequate level of cover in respect of all risks which may incurred by the Client arising out of the Client's performance of the contract in respect of death or personal injury or loss or damage to property
d) the Client shall produce to M Management on request copies of all insurance policies referred to in this condition or other evidence confirming the existence and extent of the cover given by those policies together with receipts or other evidence of payment of the latest premiums due under those properties
e) terms of any insurance or amount of cover shall not relieve the Client of any liabilities under this agreement. It shall be the responsibility of the Client to determine the amount of insurance cover that will adequately enable the Client to satisfy any liability referred to in this condition.

Services of Notices and Communications

a) Except as otherwise expressly provided for within the agreement no notice or other communication from one party to the other shall have any validity under the agreement unless made in writing or on behalf of the party concerned
b) Any notice or communication which is to be given by either party to the other shall be given by letter or by facsimile transmission confirmed by letter. Such letters shall be delivered by hand or sent pre-paid by First Class Post to the other party and for this purpose M Management, Suite G1, Bow House, 153-159 Bow Road, LONDON E3 2SE. If the other party does not acknowledge receipt of any such letter or facsimile transmission and the mail is not returned as undelivered the notice or communication shall be deemed to have been given three working days after the day on which the letter was posted

Force Majeure

a)Neither party shall be liable to the other party by reason of any failure or delay in the performance of its obligations under the Agreement which is due to force majeure where there is no practical means available to the party concerned to avoid such failure or delay
b) If either party becomes aware of any circumstances of force majeure which may give rise to any such failure or delay or which appear likely to do so that party shall promptly give notice of those circumstances as soon as practicable after becoming aware of them and shall inform the other party of the period for which it estimates the failure or delay shall continue
c) For the purposes of this condition force majeure means any event or occurrence which is outside the control of the party concerned and which is not attributable to any act or failure to take preventative action by the party concerned but shall not include any industrial action undertaken by the Client.

Financial

The client agrees to keep all financial issues strictly confidential and agrees to only disclose rates with M Management.

Jurisdiction:

This Terms and Conditions for booking and all other matters connected with the booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.

These contractual terms and conditions bind all clients who contract with M Management and clients who are so must notify all third parties affected by the contract that these terms and conditions apply.

PLEASE NOTE: AS SUPPLIER OF SERVICES THESE TERMS AND CONDITIONS TAKE PERRECEDENCE OVER ANY TERMS AND CONDITIONS WHICH MAY BE RECEIVED FROM THE CLIENT EVEN IF THESE TERMS AND CONDITIONS HAVE A CLAUSE SIMILAR TO THIS.

Please Note:

Photographs may not be used until all fees are paid in full

All fees are to be negotiated only with M Management.

All payments are to be made to directly to M Management.

Whilst every endeavor is made to provide satisfactory and efficient service to our clients, we can not be held responsible for a Model’s/ Talent’s conduct on an assignment

We reserve every right to negotiate within the structure.