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Terms
and Conditions
Bookings
NB.
Bookings will be automatically be cancelled if they are not confirmed within 24
hours by the return of a signed booking form by the client, containing the
terms of the booking agreed with the Tulip agent.
If
a booking is cancelled within 24 hours of the agreed starting time Tulip will
continue to charge the full booking fee. If the booking is cancelled within 36
hours Tulip will continue to charge half of the full booking fee, unless
negotiations are made to rebook the requested Model and the date of the booking
moved, this would incur a fee of half of the booking fee.
If
a booking is made that requires the correct weather conditions for the clients
project Tulip will require half of the booking fee on cancellation unless the
model is re-booked for a later date.
The
Tulip Agent will not be held responsible should a booked model fail to attend a
booking. We also advise that the client takes out insurance against any loss
that may befall them should a model fail to attend due to unforeseen
circumstances such as ill health.
Fashion Shows
A
catwalk booking allows the client to use the model for a specified catwalk show
only. Tulip agrees on the behalf of the model to allow photographers to be
present for the taking of photographs including videos of the show. On the
condition that these photographs or videos are to be used for reporting
purposes only. It will be the client's duty to ensure that any photographers
present are aware of this and if any other requirements to us the photographs or
videos are needed this must be negotiated with the models agent before use.
Music Videos
Music
Videos full into a separate category that will be negotiated with the models
agent at the time of request.
Risk Assessment
The
Client should carry out a proper risk assessment for the project and its
location to include any equipment used and the conditions under which the project
is to take place.
Any risk to the model under health and safety should be
highlighted to the models agent, also to ensure that any other persons involved
with the booked project are professionally qualified and insured to do so. The
client should have the correct insurance to cover the booked project while the
model is employed by the client.
Calculation of Fee's
Booking
fees are charged by the day, half day or hourly. It is possible to negotiate a
set fee for some projects.
If
a Model is required to travel outside of twenty mile radius of Portsmouth City Center, or require fitting time, this will be charged at half of the normal
hourly fee.
The
client will be required to provide transport to and from a location booking. If
a model is unable to return from location by the start of the next working day
(09:00) an additional half days fee will be charged.
Unsociable
hours will incur additional fees, unsociable hours will include before
09:00 and after 18:00 on bookings for that day, or between 18:00 and 23:00,
Saturdays, Sundays and Bank Holidays up to double the normal fees.
Use of Photos or Images
Tulip
limit the use of any photos or images taken during a booked project to a
maximum of two year period, after this time the photos or images cannot be used
unless it has been re-negotiated with the Models agent. If the photos or images
are to be used outside of the
U.K.
this would incur additional fees for each of the countries in which the photos
or images are to be used.
Additional
fees may be charged for anything not already covered or mentioned; this would
be negotiated at the time of booking if it becomes necessary to do so.
(Appendix G)
Contracts
Bookings
and all negotiations for any services supplied by the Agency or Models to
include usage of any photos or images taken must be made directly to the Tulip
Agent. Any agreement the client makes with a model directly be it with the
models signature or even a verbal agreement to anything, would not be covered
by the Tulip Agency and would not become legally binding to the Model or the
Agent until it has been agreed to in writing by the agent. (Appendix G)
Payment of Invoice
Unless
agreed in writing at the time of booking, all invoices require payment within
30 days of the date of invoice. The person who has booked the model will be
considered the client and considered solely responsible for the payment of the
invoice. (Appendix G)
(Appendix G)
Appendix
G
Exclusion
Fees
If a model’s image or services are to promote a product a fee and agreement can
be negotiated to ensure that the model will maintain an exclusive link to that
product and from that point will decline offers from any competitive product.
The client has the responsibility to check on where the model has already had a
contract with a competitive product that may still hold the right to use images
during the same time period.
Invoicing
additions
Tulip
and its agents reserve the right to invoice the ‘ultimate client’ be it a
manufacturer, designer, owner of a company or product, should the contact
client be booking on behalf of the ultimate client. Under these circumstances
the client and the ultimate client would be jointly liable to pay the invoice.
All fees are payable within 30 days of invoicing whether the images or photos
are used or not and the images or photos may not be used until the invoice has
been settled in full as per the agreement with the agent.
Legal
note
The
terms and conditions and contracts with clients and models are governed under
English Law so that any dispute over contracts with clients or models will be
settled under and in accordance with English Law in an English court unless
agreement is made otherwise.
Tulip
Model Agency and its agents work with clients under agreements and contracts
drawn up by the Tulip Model Agency or its agent only, we do not accept
agreements or contracts from clients or hand written amendments by the client
to or on our agreements or contracts any amendments to an agreement or contract
must be in writing by the agent, all negotiations are made within structure and
terms within the agreed contract.