Hunters Agency: TERMS OF BOOKING (“TERMS OF BOOKING”)
All clients should read these Terms of Booking very carefully before booking the Talent through Hunters Agency as Bookings through Hunters Agency are subject to these terms of Booking.
1. As required by Department of Employment regulations, a 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/Hour Rate. Booking fees are charged by the day or by the hour.
4. Overtime. Overtime rate apply before 9am, after 6pm and on all bookings over eight hours.
(a) The overtime rate is one – and – a – half times the normal rate between 1800 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 will be charged at half the hourly rate: this applies to travel outside a five-mile radius of Hyde Park Corner (i.e. Chiswick in the west)
6. Fittings. Fee’s for fittings are charged at half the hourly rate with a minimum of £50 per hour.
7. If a model on location is prevented from returning to London to work – half the daily fee is to be paid per day. (NB When a location booking is made the client must provide information about transport there and back).
8. In the event that models from other agencies are working on the same assignment providing the same services as our models, we reserve the right to charge at the same rate as the other agency.
To be agreed at the time of the booking:
9. (a) Usage:
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, 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 only, for the purpose or purposes agreed, whether or not appropriated. Under no circumstances will the usage fee be less than the model’s basic studio fee.
Additional fees are also payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, either complete or in part, alone 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.
(c) Other services:
Additional fees are also to be paid for other services supplied by the model, for example, personal appearances for PR purposes. Fees for these services will be negotiated on an individual basis.
Under no circumstances will each usage fee be less than the model’s basic studio fee.
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 booking as per 9a above.
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 booking as per 9a above.
11. All fees for the right to use pictures once agreed are payable irrespective of whether the pictures are used or not.
12. (a) All bookings excepting BBC and Equity Contract TV Commercials subject to repeats: The agency charges a supplement of 20% on all hourly, daily, overtime, usage fees and any other services which the model will supply. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of the booking the model disbursement is included at 66.66% and the agent’s fee at 33.33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(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 20% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(c) For TV Commercials involving an agreed buyout: The agency will charge a supplement of 20% on both the shoot fee and the buyout fee.
13. 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). This may be done if the client is booking on behalf of the ultimate client; hence, the client and the ultimate client are jointly and severally liable to pay the invoice. No use of pictures is permitted unless and until all relevant fees have been paid. The agency reserves the right to alter payment terms if deemed appropriate.
14. Exclusively. 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.
15. 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.
16. 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.
(a) 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.
(b) 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. However, if a booking is cancelled because of illness or some other reason beyond the model or agent’s control, the model shall not be liable for cancellation charges.
17. 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.
18. Clients are responsible for models’ meals on all bookings outside the London area (see 5).
19. All fees will be negotiated on an individual basis. The fees will be invoiced to the client, or the ultimate client (see13). We also reserve the right to invoice the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.
20. Payment of the agreed fee confers the right to make use of a model’s services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be negotiated at the time of the booking.
TEST & EXPERIMENTAL PHOTOGRAPHY
21. A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
22. The photographer or client not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 9, 10 above. The photographer or client 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 before the shoot commences.
23. 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. It is the client’s responsibility to ensure the model’s safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the safety as if the model were an employee of the client. The client will maintain adequate insurance to underwrite its obligation to the model.
24. (a) All negotiations relating to the use of the model’s image, or any other services supplied by the model, including all fees must be negotiated and agreed with the agent only. Any negotiations relating to the use of the model’s image, or any other services supplied by the model, including all fees between the photographer and client will be invalid. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s supported verbal agreement to anything, that is not binding on the model or the agent unless and until it is agreed in writing by the agent.
(b) This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
25. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
26. All fees are to be negotiated only with the agency.
27. Whilst every reasonable 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.
28. We cannot be held responsible for any costs incurred as a result of the lateness of a model in attending a booking.
29. We reserve the right to negotiate within the structure of these Terms and Conditions.
30. Models introduced to us by a client or his agent must be booked through us.
31. If a photographer or client books a model through our agency, they are bound to continue to book the model through us and not through any other agency representing the model.
32. 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.
Hunters Agency is committed to ensuring that your privacy is protected. Should we ask you to provide certain information, then you can be assured that it will be used in accordance with this privacy statement.
Diamond Jacks may change the policy from time to time by updating this page. You should check our website from time to time to ensure you arte happy with any changes. This policy is effective from Sept 1 2018.
What we collect:
Details you provide. We may collect the following information from you via email, face to face or by phone.
• Name, date of birth
• Contact address including email address, postal address and phone number
• Health information which may be relevant to your treatment
Details we collect about you from our consent form: Prior to you first treatment you will be asked to complete a client consent form in which you will be asked about any medical conditions, contact details and environmental factors. This is to ensure we provide you with the appropriate treatment. We will securely store this information on behalf of both employed and independent tattoo artists.
What we do with the information we gather:
We require this information to understand your needs and give you the best possible service, and in particular for the following reason:
• For internal treatment record keeping and administrative operations.
• To confirm or remind you of your scheduled appointment.
• To notify you to any change to your scheduled service.
• To inform you of a preferred appointment time if you expressed a desire to be on a particular waiting list.
• To improve our products and services.
• To contact you with post treatment aftercare advice if requested.
• To provide you with invoice, billing or requests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect through the consultation process or in person.
We will only disclose your personal information to third parties in the following circumstances:
• To law enforcement agencies and regulators in connection with investigations.
• To protect rights, property or safety of Diamond Jacks Tattoo Studio, our staff, independent artists and clients.
• For fraud protection.
• If required to obey a duty to disclose in order to comply with a legal obligation.
• In the event of a takeover of a business takeover or merger with a third party.
Where we store your personal DATA
Hardcopy consent forms are stored in a locked cupboard. The data that we collect from you will also be transferred to a password protected client management software, accessible only to authorised staff.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse the web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, like and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking fill advantage of the website.
Controlling your personal information
Before GDPR legislation was made law in May 2018 we operated a an opt-out tick box to our direct marketing. The opt in opt-in text box is on our consent form.
You may choose to restrict the collection or use of your personal information in the following ways:
Choose not to opt-in or tick the direct marketing indication box when you are asked to fill in the consent form on your initial visit.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing or emailing us, or using the unsubscribe button.
Hunters agency will not sell, distribute or lease your personal information third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the data protection act of 1998.
If you believe that any information we hold on is incorrect or incomplete, please write to us or email us as soon as possible, at our studio address. We will promptly correct any information found to be incorrect.