1 Regulations: As required by Department of Employment regulations, a Grail Models 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, or for example a set fee may be charged for a catwalk show.
4 Overtime: Overtime rates apply before 9am, and after 6pm on all bookings over 8 hours.
a) The overtime rate is one and a half times the daily rate between1800 and 2400 hours.
b) A special rate is negotiated for night work between 2400 and 0900 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 time and reasonable expenses are applicable to all bookings, or for models travelling specifically for your Booking as agreed.
6 Fittings: Fittings will be invoiced at the model's hourly rate for the 1st hour, then 50% of the hourly fee thereafter.
7 Location Bookings: At the time of the booking the client must provide details regarding transport available and/or overnight stays. In some cases a fee will be charged for an overnight stay if it prevents the model from working on the day he/she has to travel. (NB. When a location booking is made the client must provide information about transport there and back).
ADDITIONAL FEES To be agreed at the time of the booking or before any additional usage.
8(a) Usage: Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated purposes other than the initial Permitted Use (e.g. Packs, Posters, Showcards, Record Covers, Swing Tickets, etc.). In general, the additional fees cover the right to use one image for one year from the date of the booking, in the UK alone,for the purpose or purposes agreed.
8(b) Territory: Additional fees are also payable for the right to use the photographs ( or reproductions, or adaptations of, or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated territories other than the UK. In general, the additional fees cover the right to use one image for one year from the date of the booking, in the territory or territories agreed.
To be agreed after the time of booking
9(a) Usage: It is the client's responsibility to notify the agent to negotiate additional fees ( including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of booking as per 8(a) above.
9(b) Territory: It is the client's responsibility to notify the agent to negotiate additional fees ( including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 8(b) above.
10(a) All bookings excepting Equity Contract TV Commercials: The agency charges a supplement on all hourly, daily and usage fees. Both agency fees and model fees will be invoiced by the agent. 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 agency commission will be deducted. VAT and any agreed expenses will be added where appropriate.
10(c) Non Equity Contract TV Commercials: Model disbursement and agency fee will be charged as 10(a) and applies to all commercials shot for use outside the UK irrespective of where the fee is paid.
11 Payment: On all invoices payment is required within 30 days of the 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 the booking. We reserve the right to invoice the "ultimate client" (i.e. designer/manufacturer/owner of the product in question). For example this may be done if the client is booking on behalf of the ultimate client, in which case the client and ultimate client are jointly and severally liable to pay the invoice. No usage of the model's image is allowed until payment is received in full, unless otherwise agreed in writing by the Agent. 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 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: Provisional bookings will automatically be 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 Cancellations: 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. However, if a booking is cancelled because of illness or some other reason beyond the models' or agents' control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges. 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 the model and the 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. MEALS.
16 Meals: Clients are responsible for models' meals on all full day bookings.
17 Fashion Shows: Catwalk bookings give the right to make use of a model's service 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 (or reproductions etc. as set out in 8b above) is for REPORTING PURPOSES ONLY. It is the client's responsibility to ensure that all photographers present are aware of this condition and abide by it. Any other usage must be negotiated at the time of the booking.
18 Videos: Negotiated fees will usually include a shoot fee and a buyout. Fees will be invoiced direct to the record company.
TEST & EXPERIMENTAL PHOTOGRAPHY & TV COMMERCIALS
19 Test Shoots: A photographer or client is not entitled to use test and /or experimental photography or test commercials for commercial purposes unless specific arrangements have been made with the model agent prior to the test.
20 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 or permitted under sections 2, 8, 9, 17 and18 above. The photographer/client to this extent agrees to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these terms and conditions (1- 23) to the attention of the photographer and obtain his agreement to them before the shoot commences.
21 Insurance: The client is responsible for the model's health and safety when the model is travelling, or providing services, in connection with the booking to the same extent as an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model. The agent is not responsible if the model fails to attend the booking. The client is advised to insure against losses which might result if the model does not keep a booking because of ill health or some other reason. 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.
22 Jurisdiction: 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 with the Agent, Grail Models. If the client or photographer or any other person connected with them obtains the model's signature on any document or the model's purported verbal agreement to anything, that is not binding on the model or Agent unless and until it is agreed by the Agent in writing. These terms and conditions for booking and all other matters connected with the booking are governed by Scottish law and any dispute wiil be settled in accordance with that law by a court in Scotland.
23 Complaints: Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
As the supplier of services these terms and conditions take precedence over any terms and conditions which may be received from the client, even if those terms and conditions have a clause similar to this. All fees are to be negotiated only with Grail Models. 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 we cannot be held responsible for a model's conduct on an assignment. We reserve the right to negotiate within the structure of these terms & conditions.