Terms and Conditions
1. As required by Department of Employment regulations, Kitsch Agency booking forms containing the terms of the booking, which 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.
4. Overtime - Overtime rates apply before the hours of 4am and after 6pm and on all bookings over eight hours.
- The overtime rate is one-and-a-half times the daily rate between 18.00 and 24.00 hours.
- A special rate is negotiated for night work between 24.00 and 09.00 hours.
- Work on Saturdays is at one-and-a-half times the normal rate.
- 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 of the M25.
6. Fittings - Fees for fittings are £50.00
ADDITIONAL FEES - To be agreed at the time of booking
7(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 (CHANGE e.g, Packs, Posters, Show cards, Record Covers 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.
7(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.
8(a). Usage: It is the client’s 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 7(a) above.
8(b). Territory: It is the client’s 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 7(b) above
9. Payment : 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.
10. 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.
11. 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.
12. 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.
13. 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.
14.Clients are responsible for models’ meals on all bookings. (see 5)
15. A Photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
16.The Photographer is not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 8 and 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.
17.Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
18.The agency will accept no responsibility for any other expenditure unless authorised by us in writing
19.All fees are to be negotiated only with Kitsch Agency.
20. Whilst every endeavor is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model’s conduct on an assignment. It is the client’s responsibility to arrange insurance if indemnity is required against a model’s inability to attend through sickness or unforeseen circumstances.
21. We reserve the right to negotiate within the structure of these terms and conditions.