Terms & Conditions CHARACTERS MODELS

The following rules shall govern all contacts between the models represented by CHARACTERS MODEL AGENCY SL, hereafter known as THE AGENCY and their clients or intermediaries.

 

Booking Terms

Time is charged per hour. Booked time is charged at full fee even if the model does not have to remain for the full amount of time. For full-day booking meal-time breaks must be made and if not other agreed should not be less than 30mintues and no longer than 1 full hour. Half-day bookings include working hours up to a maximum of 4 hours. Full-day bookings are valid for up to 8 hours for models and charged as soon as the 6th hour begins. Standard working hours up to a maximum of 8 hours, then overtime will be charged per hour at a rate of 15% of the model’s daily rate per hour.

The working time of the model begins at the agreed booking or call time without exceptions. Preparations such as hair and make-up are always to be included in the working time. 

THE AGENCY is authorized to represent and make statements in the name of and on behalf of the model(s).

In accordance with standard industry practice THE AGENCY receives a fee of 20% of the agreed model fee, in addition to the model fee, for its services, excluding applicable VAT.

 

 

Booking Process

Options – Options are binding reservations for a specific model at a specific time and place. An option will expire in the case where no definite booking has been received, in writing and acknowledged, two working days for Mallorca based models and five working days for foreign models before the scheduled appointment. Saturday and Sunday are not working days. Working days end at 08:00 pm Spanish time.

All repeat booking(s) are to be made through THE AGENCY, with appropriate fees paid as long as THE AGENCY

shall continue to represent the model(s). The client may not, in any circumstances, contact the model(s) directly or through any third party, thereby excluding THE AGENCY

 

Bookings – All Bookings are binding to both sides, under Spanish law. Bookings are only valid with written confirmation by both THE AGENCY and the client.

 

Weather Booking – Bookings dependent on the weather can only be made at the discretion of THE AGENCY

and specified at the time of booking, in writing, as such. Unless otherwise stated and agreed the client can cancel the booking up to one hour before the agreed start time. In the case of cancellation, up to one hour before the scheduled start time, the compensation fee is 50% of the agreed model fee, plus standard agency fee.

 

Travel and subsistence: When working in Mallorca, the customer pays mileage allowance of 0,30€/km within the island for models based in Mallorca. If the model is flying in for a job the customer pays travel and accommodation and subsistence allowance in accordance with applicable standards. Taxis are paid by the customer if necessary. Flight, boat or train tickets and costs of hotels, taxis, luggage and vaccinations are paid by the customer.

 

Cancellations

Must be no later than 17:00h Spanish time and two full business days prior to starting work. All cancellations must be made in writing. Saturday and Sunday nor official bank holidays are not working days. In the case where the model has to cancel the booking THE AGENCY will present suitable alternatives.

Cancellation made up to 3 working days before first shoot day will be charged with 50% of the total agreed model fee. 75% compensation fee due if cancellation is made 2 working days prior shoot and 100% compensation due if booking is cancelled 1 working day before shoot starts. Cancellation of travel shall be made no later than 7 days prior to departure., Otherwise it will be charged at half fee for the booked time. the costumer pays the cancellation costs of any travel tickets, etc. Failure to pay the fees will be deemed as a break of contract, subject to Spanish law.

 

Model fees

Model fees include the agreed daily model rate, the payment for ‘right of use the image’ plus applicable VAT. At the time of booking, it is responsibility of the client, without due warning, to give the context and the extent to which image/film material is to be used. The material may not be used in context other than that stated in the booking. Providing pictures to photo agencies is prohibited. All use must be agreed with THE AGENCY

 in advance. Additional use must be communicated to the agency prior to publication. Any use not agreed in advance will be charged for as an extra. If a specified total price includes both working fee and usage fee, no partial credit is available even if the client decides not to use the material or use it in less than planned.

 

Exclusivity /sole rights: Exclusivity enables the client to ensure that the model has not and will not be allowed to do advertisements for other companies or products. Reproduction fees do not include any right to exclusivity. If exclusivity is desired it must be notified and agreed in writing before booking. The desire to hire a model exclusively, and the terms, must be presented to THE AGENCY in good time prior to the planned date of the booking. When the agreement is approved, the final contract must be signed no later than 3 working days before the job. If a contract has not been signed in time, the agency reserves the right to cancel the model. Any cost because the model is cancelled is the responsibility of the client

 

Special arrangements

All bookings concerning editorial work, stock photography, nude or partially nude work, underwear, smoking, alcohol, furs, etc. are subject to special fees and must be agreed in writing prior to booking.

 

Compensation and liability

THE AGENCY is not responsible for the model having appeared in any context which is inappropriate for the client. If, during the photo shoot/filming, the client wishes to change the pictures and/or use this must be promptly notified/discussed with THE AGENCY. Where appropriate, Polaroid photos should be taken and supplied to THE AGENCY. In the case of dispute or difficulties of a serious nature the model(s) should sign off immediately, the time noted, and released from the location. THE AGENCY and the model(s) are not responsible for hairstyling, make up or styling issues. In the case where the client decides to continue working with the model all rights of liability are lost and the model fees plus Agency fee must be paid in full.

1. In the case where the model is late for a booking, for whatever reason, the model must work the agreed work period (half day, full day) from the time of arrival. Overtime rates will not apply in this instance.

2.

3. The client is responsible for the health and safety of the model(s) at all times and all appropriate insurances must be in order, according to standard E.E.C. regulations. In the case of higher risk work THE AGENCY must be notified at the time of booking, and agreed in writing. The model retains the right to refuse to work where he/she feels an unacceptable risk of personal injury. In this case the client is liable for 70% of the total fee. Under no circumstances will the liability of the model or the Agency exceed twice the agreed model fees. Further rights subject to Spanish law.

4.

5. The model has the right to cancel the shoot, with immediate effect, if the work does not correspond to what was stated in the booking. Any cost of interrupted photography is the responsibility of the client.

6.

7.  In the case of Force Majeure, the agency accepts no responsibility for any costs if the model does not appear for the job due to illness or other reason out of the agency’s control, for example, missed flights.

 

Rights of use

Unless specific written agreement exists before the time of booking, standard terms will always apply. Upon receipt of payment in full THE AGENCY grants the client the right to use the material for one calendar year only for the particular purpose, for the company and for the product and the agreed rights of use stated in the booking. This consent is for a maximum of one calendar year form the first exposure time which should not be initiated later than a maximum of 6 months after the photo shoot /filming. If material is to be used for longer than one calendar year, a special agreement in writing must be concluded with the agency.

In no case may any material be used or presented by the client, or any intermediary until payment has been made to THE AGENCY in full. In the case where material is used before payment has been made in full or material is used outside the agreed boundaries, this will be deemed as a break of contract.

 

Any other use of material such as posters, placards, packaging, displays, videos, etc. or the use of the model’s name or image requires specific written approval from the Agency. 

Contract: All contracts must be agreed in advance between the agency/booker and client. No agreements, contracts, consents, etc. may be signed by the model without THE AGENCY´s presence.

 

Self-promotion: All artwork (photography and/or film) may be used by the model and/or THE AGENCYas work samples, and to promote the model and/or THE AGENCY. This applies to all media including digital format, THE AGENCY´s website, the model’s portfolio, the model’s set card or other printed materials to market the model/ THE AGENCY.

 

Conditions of payment

Payment in full must be received within 21 calendar days from the date of the invoice. Payment must be received in Euros. All costs pertaining to the transfer of money, such as bank fees, currency exchange costs etc. are to be the responsibility of the client. The billing address and the person of responsible for payment shall be communicated to THE AGENCY by the time of booking. A VAT number is always necessary for foreign invoices.

 Objections to invoices: Should be made within seven days from the invoice date. Late objections or objections to invoices already paid will not be accepted even if they relate to reproduction fees for cancelled campaigns, etc. THE AGENCY may not subsequently claim back salaries paid from the models, this also applies to salaries/fees relating to the rights of use for cancelled campaigns. Refunds or credit of fees already paid to the model will therefore not be authorized.

 

Conclusions

In all cases, without exception, all dealings between THE AGENCY, the model(s) and the clients, including any intermediaries are to be governed in accordance with Spanish law. Any changes to the agreed terms and conditions must be reached in writing with THE AGENCY. The model(s) does not have the right to change the agreed terms and conditions.

 

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