Please can all clients read the following terms and conditions carefully before booking our models. Thankyou!
1. Terms of booking - As required by Department for Business Enterprise and regulatory Reform, Willow and Wisp's (the agency) booking form containing the terms of the booking must be signed and returned by the client.
2. Daily/hourly rate - The model fees are charged by the day or by the hour at the rate agreed at the time of booking.
3.Overtime - Overtime rates apply to bookings over 5 hours (for under 5 years) or over 7 hours (for 5 years and over.) Overtime rate is one-and a-half times the daily hourly rate.
4. Travel - Travel will be charged at 40p per mile or the total value of train tickets unless otherwise agreed at the time of booking.
5. Fitting fees - Fittings are charged at £50 per hour with a minimum 2 hour booking.
6. Location bookings - client must provide transport there and back or cover all travel expense. The day rate applies to all location bookings.
7. Additional fees - To be agreed at the time of the booking or before any additional usage is published. The agent reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of the booking.
8. Usage - Additional fees are payable for the right to use the model's image (or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) for all known or anticipated purposes other than the initial permitted use.
9. Territory - Additional fees are also payable for the right to use the model's image (or reproductions etc. for all known or anticipated territories other than the as agreed.
10. Other services - Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for pr purposes. Fees for such services will be negotiated on an individual basis.
11. Stills photographic disbursement - unless otherwise agreed at the time of booking the model disbursement is included at 67.5% and the agents fee at 32.5% of the invoice total. Vat and any agreed expenses will be added where appropriate.
12. TV, commercials and Films disbursement
Unless otherwise agreed at the time of booking the model disbursement is included at 80% and the agents fee at 20% of the invoice total. Vat and agreed expenses will be added where appropriate.
13. Invoicing - Payments shall be made within 30 days of the date of the invoice. Unless otherwise agreed at the time of booking, the person booking the model will be invoiced and solely responsible for the payment unless otherwise agreed at the time of booking. All fees are in respect of the right to use an image and, once agreed, are payable irrespective of such right being exercised. The agency reserves the right to alter payment terms if it deems appropriate prior to booking
14. Exclusion fees - A special fee will be negotiated when the use of the model's image or the service to be supplied by a model in relation to a product is required on a basis which precludes supplying services or allowing the use of the model's image for competing products. A model can supply services to and allow use of the model's image by any competitor unless an exclusion fee is negotiated. It is the client's responsibility to check whether conflicting work has been done.
15. 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.
16. Cancellations - If a booking is cancelled within one working day of the starting time the full booking fee will be charged unless the same model is booked within 24 hours in which case the half booking fee will be charged.
17. Weather permitting bookings - At the first cancellation half the booking fee is charged unless the client fails to cancel in time to prevent the models attendance, when the full booking fee is payable. At the second cancellation, the full fee is charged.
18. Meals - If a model is booked for the day it is the clients responsibility to provide meals for the model & chaperone unless otherwise stated at the time of booking. For half day and hourly bookings clients must have refreshments available and healthy snacks.
19. Fashion shows - Catwalk bookings give the right to make use of a model's services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material is for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required that must be negotiated at the time of the booking.
20. Music videos - All fees will be negotiated individually. Normally there will be a fee for the shoot plus a buyout. If not booking direct the record company will be invoiced as the ultimate client
21. Test and experimental photography - A photographer is not entitled to use test and / or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session. Tests are paid cash on the day at a rate of £50.
22. Copyright - The photographer and / or the client and anyone obtaining rights from or through the photographer / client is not entitled to use any images for any usage beyond that agreed above. The photographer / client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these Terms and Privacy to the attention of the photographer and obtain his agreement to them before the shoot commences.
23. Insurance -It is the responsibility of the client and they are required to cover the models health and safety whilst travelling to, from or providing services to the client. The client is advised to insure indemnity cover should a model be unable to attend through sickness or unforeseen circumstance. The client will maintain adequate insurance cover to underwrite its obligations to the model.
24. Contract - All matters relating to the use of the model's image, any other services supplied by the model and all fees must be negotiated and agreed only with the agent, Bruce and Brown model management. If the client or the photographer or any other person on their behalf or connected with them obtains the model's signature on any document (or parent/guardian’s signature on model’s behalf), or the model's purported verbal agreement to anything, this is not binding on the model or the agent unless and until it is agreed in writing by the agent. These Terms and Privacy for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute.
25. Complaints - Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect
26. Child Performance Licences - It is a legal requirement for client to license child models for every job they participate in. This applies to babies and all compulsory school age children. Length of time to process licences varies from 7-21 days dependant on which Council the application is made. The agency can supply relevant forms and information. Willow and Wisp LTD can also apply for the license on behalf of the client at a £35 charge.
27. Child Protection & Risk Assessments - It is the clients responsibility to ensure they are abiding at all times to Child Performance Regulations and have the appropriate risk assessments, child protection policies, and insurance in place. Please note as the supplier of services these Terms and Privacy take precedence over any Terms and Privacy which may be received from the client even if those Terms and Privacy have a clause similar to this. Photographs may not be used until all fees are paid in full. Whilst every endeavour is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for a model's conduct on any assignment. The agent reserves the right to negotiate within the structure of these terms and conditions.