Booking fees
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.
Overtime
Overtime rates apply before 9 am, after 6 pm and on all bookings.
1. The overtime rate is one-and-a-half times the daily rate between 18.00 and 24.00 hours
2. A special rate is negotiated for night work between 24.00 and 09.00 hours
3. Work on Saturdays is at one-and -a-half times the normal rate
4. Work on Sundays and Bank Holidays is at double the normal rate
Travel
Travel will be charged at half the hourly rate as are Fitting Fees with a minimum of £35 per hour.
Location bookings
(N.B. when a location booking is made the client must provide information about transport there and back).
Additional fees
To be agreed at the time of the booking
usage
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated purposes other than the initial Permitted Use. (e.g. packs, posters, showcards, 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.
Territory
Additional fees are also payable for the right to use the photographs (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings 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 territories agreed.
It is the client's responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of booking as per above. Territory It is the client's responsibility to notify The Agency 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.
Agency fees
All bookings excepting Equity Contract TV Commercials
The agency charges a supplement of 20% on all hourly, daily and usage fees apart from special offer periods. Both agency fees and artist fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the artist disbursement is included at 66.66% and the agent's fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
Equity Contract TV Commercials
The fee 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.
Payment terms
On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the artist 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. Invoices unpaid after the 30 day period will be subject to a surcharge of 10%.
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 an artist 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
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. 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.
Weather permitting bookings
At the first cancellation, a half-fee is charged unless the client fails to cancel in time to prevent the artist's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
Meals
Clients are responsible for artist's meals on all booking more than 4 hours.
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.
Test & experimental photography
A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
Copyright
The photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections above. The photographer to this extent agrees to restrict use of his copyright and if the artist agency client is not a photographer, the client is to draw these Terms & Conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
Complaints
Any cause for complaint should be reported to when it arises. Complaints cannot be considered in retrospect.
Please note
All fees are to be negotiated only with Top Moda. Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a models' conduct on an assignment. We reserve the right to negotiate within the structure.