Terms & Conditions
Below are the Terms and Conditions for ALL bookings undertaken with EK Talent Ltd:
No job shall commence until the agency receives confirmation of your agreement to the booking details and our Terms & Conditions, and a 50% deposit is paid to EK Talent Ltd.
All fees are based on the following and are charged by the full day or by the hour unless an alternative basis has been agreed in advance. Full Day = 8 hours, taken between the hours of 9.00am and 6.00pm Half Day = 4 hours
Bookings over 6 hours will be charged at a full day rate. Excluding equity contracts, models' time will be charged at the hourly rate, unless a half day or full day booking has been pre-arranged in writing.
Usage, territory and fitting, test and experimental photographic fees to be agreed at the time of the booking.
All fees are to be negotiated with, and made payable to, EK Talent Ltd.
Overtime will be charged at the agreed hourly rate and rounded up to the hour. Overtime rates apply outside 9.00am – 6.00pm, and on all bookings longer than 8 hours.
The rate between 6.00pm – midnight is 150% of the normal daily rate. Overtime between midnight – 9.00am is to be negotiated.
Work on Sundays and bank holidays is 200% of the daily rate
Fittings will be charged at half the applicable hourly rate, with a minimum charge of £50.00 per hour. ADDITIONAL EXPENSES All and any expenses incurred by the agency on the client’s behalf will be charged to the client and will include an uplift charge of 10% of the total charges.
If a booking is cancelled within 3 working days of the starting time, the full fee will be charged, unless the same model is re-booked within 24 hours, in which case 50% of the fee will be charged.
If a booking is cancelled outside the 3-day period, but within 5 working days of the starting time, 50% of the fee will be charged. If a booking is cancelled outside the 5-day period, 25% of the fee will be charged. For trips, and bookings of longer than 3 days duration, if the booking is cancelled within a period less than or equal to the length of the booking, in working days, the full fee will be charged.
If a booking is cancelled because of illness or some other reason beyond the model or agent's control, neither the agency nor the model will be liable for any cancellation charges or associated costs to the booking. The agency will be entitled to cancel a booking for any reason prior to the booking date without becoming liable to the client.
Neither the agency nor the model shall be liable for any cancellation charges. It is the client’s responsibility to take the necessary insurance cover to protect against any such cancellation event and any associated costs to the booking.
The agency will take all reasonable steps to provide notice to the client should such an event occur, and will offer a substitute wherever possible.
Catwalk/runway bookings give the client the right to use the models' services on the catwalk or specific show, and the right to use photographers and video for reporting purposes only. Any other usage must be negotiated at the time of booking.
The photographer or client is not entitled to use any of the material until the model signs a release form.
The client is responsible for the models' health and safety when the model is travelling or providing services in connection with the booking, to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the model. The agent is not responsible if the model fails to attend the booking. The client is advised to insure against any losses which might result if the model does not keep a booking because of ill health or some other reason.
Any cause for complaint must be reported to the agency when it arises. Complaints cannot be considered in retrospect. In such a case, the agency will seek the views (in writing) of both parties involved in the complaint. Whilst every effort is made to provide a satisfactory and professional service, we cannot be held responsible for a model’s conduct on the job.
UNAUTHORISED BOOKINGS AND INTRODUCTORY FEES
If the client employs a model without making that (or a new) booking through the agency, then the agency will charge the client direct, an introductory fee of 20% of the model’s total earnings during the period worked. This fee will apply regardless of if the job is for 1 hour, 1 day, 1 week, 1 month, or any number of periods of work.
HEALTH AND SAFETY
The client is responsible for the model’s health and safety and wellbeing when the model is travelling, or providing services in connection with the booking, to the same extent as if the model were an employee of the client. The client agrees at all times to comply with all necessary health and safety regulations, codes and all relevant health and safety standards as required by law, and will not at any time request the model to engage in any dangerous activity.
INVOICING AND PAYMENT
On all invoices payment is required within 30 days of the date of invoice. In all cases, the person booking the model is the client and 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'. (e.g. designer, manufacturer, or owner of product). If the client is booking for the ultimate client, both the ultimate client and the client will be jointly and severally liable to settle all fees applicable. Fees are for the right to one usage of the model’s image and are payable whether or not the right is exercised.
Without prejudice to any rights or remedies to the agency, all outstanding payments owed to the agency not paid in full on the due date will incur an annual interest rate of 5% above the Bank of England’s base rate, as varies from time to time, and payable both before and after any possible judgement.
These Terms & Conditions take precedence over any previous Terms & Conditions. The agency reserves the right to change these Terms & Conditions subject to any changes within the industry, and at cost which might occur or increase.