Term & Conditions

Term & Conditions

Confirmation of Booking

ALL CLIENTS SHOULD READ THIS CAREFULLY BEFORE BOOKING A CHILD PERFORMER

1.As required by the Department of Employment regulations, Superarts Agency booking confirmation, containing the terms of the booking, must be signed and returned by the client prior to the job. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between the Agency and the client.

2.The Agency is an employment agency operating as such in relation to the child model the subject of these booking terms and conditions.

Booking Fee

All fees are based on the following:

Full day = 8 hours includes one hour lunch break

Half day = 4 hours

Minimum booking = 2 hours

Excluding equity contracts, the child’s time will be charged at the hourly rate unless a half day or full day booking has been pre-arranged in writing.

Overtime

Overtime is charged at the agreed hourly rate and taken to the next hour up. Overtime rates apply outside 09.00 – 18.00 hrs & on all bookings longer than 8 hours. The rate after 1800 hrs is one and a half times the normal daily rate.

1. A special rate is negotiated for night work between 2400 hours and 0900 hours. 2. Work on Saturdays is at one and half times the normal rate. 3. Work on Sundays and Bank Holidays is at double the normal rate. 4. If a model works over the pre-booked times the overtime worked between the hours 0900 hours and 1800 hours will be charged at the normal hourly rate.

Travel

Travel is charged at 50% of the hourly rate and applies to travel outside a 5-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 and Streatham Hill and Tooting Bec in the south).

Meals

Clients are responsible for the child and chaperone’s meals on bookings.

Fittings

Fee for fittings are charged at half the hourly rate with a minimum of £20 per hour.

Location Booking

If a child on location is prevented from returning to London to work, half the daily fee is to be paid. (N.B. When a location is made the client must provide information about transport both to and from the location).

Mixed Agency Bookings

In the event that children from another agency are working on the same assignment and providing the same services as children from Superarts Agency (but at a higher rate), then Superarts Agency reserves the right to charge at the same rate.

ADDITIONAL FEES

Usage of images – without exception

It is not permitted to use any images of children booked for any purpose whatsoever until all fees have been paid in full, or for any other usage than that agreed.

To be agreed at the time of the booking.

XX Usage

Additional fees are payable for the right to use photographs (or reproductions, or adaptations, 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 other than the 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 booking, in the UK only. For the purpose or purposes agreed.

XXX Territory

Additional fees are also payable for 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). In general, the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed.

ADDITIONAL FEES - To be agreed after the time of the booking

Usage

It is the client’s responsibility to notify the Agency 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 XX 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 XXX above.

AGENCY FEES

All bookings excepting Equity Contract TV commercials

The fee negotiated by the Agency is the child model/performer's fee from which commission for the Agency will be deducted at 35% of the invoice total. VAT and any agreed expenses will be added where appropriate.

Equity Contract TV Commercials

The fee negotiated by the Agency is the artist’s fee from which the agency commission will be deducted at 25% of the invoice total. VAT and agreed expenses will be added where appropriate.

Invoicing & Payment

On all invoices, payment is required within 20 days of the date of the invoice. In all cases the person booking the child will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. The Agency reserves the right to invoice the ‘ultimate client’ (i.e. designer/manufacturer/owner of the product in question).

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 child advertises a product she/he is able to work for any competitor unless an exclusion fee is negotiated.

Provisional Booking

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

Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between child and client.

If a booking is cancelled within three working days of the starting time the full fee will be charged unless the same child is re-booked by the same client within 24 hours in which case 50% of the fee is charged.

If a booking is cancelled outside the three day period but within five working days of the starting time then 50% of the fee will be charged.

For trips and long bookings: if the booking is cancelled within a period equal to the length of the booking then the full fee will be charged

If a booking is cancelled due to illness or some other reason beyond the child model/performers’ or Agency's control (and upon the production of the appropriate evidence) neither the Agency nor the child shall be liable for cancellation charges.

No other refunds or reductions from payment terms shall be available other than as expressly stated in this Section named Cancellations.

Weather Permitting Bookings

At the first cancellation, half-fee is charged unless the client fails to cancel in time to prevent the child’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.

Videos

All fees will be invoiced to the record company or ultimate client. 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 or resale unless specific arrangements have been made before the shoot commences

Insurance

The client is responsible for the child’s health & safety when the child is travelling, or providing services in connection with the booking to the same extent as if the child were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the child performer/model.

The agent is not responsible if the child fails to attend the booking. The client is advised to insure against any loss that might result if the child does not keep a booking because of ill health or some other reason.

Copyright

The photographer is not entitled to use any of the images she/he takes for any usage (apart from her/his personal portfolio beyond that agreed. The photographer to this extent agrees to restrict use of her/his copyright and, if the talent agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain her/his agreement to them before the shoot commences.

Complaints

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

Whilst every endeavour is made to provide a satisfactory and efficient service to clients the Agency cannot be held responsible for a child’s conduct nor for any costs incurred by a child or chaperone’s ’s lateness or non-appearance at an assignment. Because our fees are charged at the end of every assignment there are not normally any circumstances where refunds apply. But the agency will consider any reasonable request.

General

All fees are to be negotiate only with Superarts Agency

Superarts Agency reserves the right to negotiate within the structure of these terms and conditions

As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this

These terms and conditions for booking and all other matters connected with the bookings are governed by English Law and any dispute will be settled in accordance with that law by a court in England.

I herby agree to the Terms & Conditions of Superarts Agency.

Name: ______

Organisation:______

Position:______

Date:______/ _____ / _____

Signature:______

Superarts Agency 1 of 4Licence no. se 6922