1. As required by Department of Employment regulations, Scallywags booking form containing the terms of the booking must be signed and returned by the client.
2. Permitted use - In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
3. Daily/Hourly Rate - Booking fees are charged by the day or by the hour. By booking a child you agree to paying an audition fee to the agency.
4. Overtime - Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
a. The overtime rate is one-and-a-half times the daily rate between 18.00 and 24.00 hours.
b. A special rate is negotiated for night work between 24.00 and 09.00 hours.
c. Work on Saturdays is at one-and-a-half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel - Travel will be charged at half the hourly rate: this 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, Streatham Hill and Tooting Bec in the South.
6. Fittings - Fees for fitting are charged at half the hourly rate with a minimum two hour booking.
7. Location Bookings - If a model on location is prevented from returning to London to work - half the daily fee is to be paid. (N.B. when a location booking is made the client must provide information about transport there and back).
8. Photographic shoots - Two hour minimum booking applies to all photographic bookings.
ADDITIONAL FEES - To be agreed at the time of booking
8(a). USAGE. Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated purposes other than the initial media permitted use (e.g. Packs, Posters, Show cards, Record Covers, Swing Tickets etc.). In general, the additional fees cover the right to use an image for one year from the date of booking, in the UK only, for the purpose or purposes agreed. Photographs may not be used until all fees are paid in full.
8(b). TERRITORY. Additional fees are also payable for the right to use the photographs (or reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated territories other than the UK. In general, the additional fees cover the right to use an image for one year from the date of booking, in the territory or territories agreed.
9(a). USAGE. It is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of bookings per 8(a) above.
9(b). TERRITORY. It is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of bookings per 8(b) above.
10(a). All bookings excepting Equity Contract TV Commercials: Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking the model disbursement is included at 62.5% and the agent's fee at 37.5% of the invoice total. VAT and any agreed expenses will be added where appropriate.
10(b). Equity Contract TV Commercials: the fee negotiated by the agent 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. Chaperone fees are paid to the model, invoiced by the agency.
On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed at the time of booking. We reserve the right to invoice the 'ultimate client' (i.e. designer/manufacturer/owner of the product in question). All fees are for the right to use pictures and once agreed, are payable whether or not the use is appropriated.
12. 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 model advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
13.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.
14. If a booking is cancelled within one working day of the starting time the full fee will be charged unless the same model is re-booked within 24 hours in which case half the fee will be charged. If a booking is cancelled outside the one day period but within two working days of the starting time then half the fee will be charged. Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between model and client.
15. Weather Permitting Bookings.
At the first cancellation, a half fee is charged unless the client fails to cancel in time to prevent the model's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
16. Clients are responsible for models' meals on all bookings outside the London area (see 5.)
17. All fees will be invoiced to the record company. For all videos the normal daily rates will apply PLUS a buy-out to be negotiated.
TEST & EXPERIMENTAL PHOTOGRAPHY
18. A Photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
19. The Photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 8, 9 above. The photographer to this extent agrees to restrict use of his copyright and if the model agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
20. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
21. The agency will accept no responsibility for any other expenditure unless authorised by us in writing.
22. All fees are to be negotiated only with Scallywags.
23. Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a models conduct on an assignment. It is the clients responsibility to arrange insurance if indemnity is required against a models inability to attend through sickness, license refusals or unforeseen circumstances.
24. Our service
scallywags.co.uk is not responsible for the content, and makes no warranty as to the accuracy of Members’ personal information. Advertisers should always use their own judgement in deciding whether to contact, cast or audition members. We shall not be liable under any circumstances for the actions of any Member.
25. Unpaid work
If your brief is for unpaid/lowpaid work, you warrant that you are not in breach of any relevant law from time to time in force including, but not limited to, the law relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to obtain proper legal advice regarding your obligations and responsibilities towards those whom your posting is aimed at
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You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.
28. Intellectual Property
Materials contained on this website are protected under copyright and other laws of the UK and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of scallywags.co.uk for any reason without our express written permission
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.
Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.
31.Password and Sign in Security
You are responsible for any use of our on-line service with your password and protecting your password from unauthorised use. You are also responsible for the security of any computer where you choose to remain signed in to scallywags.co.uk.
32. We reserve the right to negotiate within the structure of these terms and conditions.