Client Booking Terms.

Terms and Conditions for CLIENT

All clients should read and understand the following before booking a model.

INTERPRETATION
For the purpose of this agreement, the following industry abbreviations will apply:

“BM” means BEC MODELS

“MODEL” covers any model or actor who is or has been registered at any time for assignments with BM.
“BOOKING” means any job or assignments including but not limited to photographic, shows, commercials, video, films & tv productions, on which a model has been booked by BM.
"CLIENT" means the person or company named on the booking confirmation for whom BM has agreed to provide models.

The headings in this agreement are inserted only for convenience and shall not affect its construction.

INTRODUCTION
BM is a registered employment agency, regulated by the Conduct of Employment Agencies and Employment Business Regulations, providing agency services to models and actors who are engaged on a self-employed basis.

Any model introduced to a client by BM may only be booked through BM and may not be contacted directly by the client. This may be considered a data breach under GDPR and BM reserves the right to invoice the client any fees to cover all losses incurred in the event of this.

BOOKING CONFIRMATION
As required by the Regulations, the BM booking confirmation containing the terms of the booking must be signed and returned by the client prior to the booking.  Failure to comply with this may result in the booking being cancelled without notice.

FEES 

1. All fees are based on the following – including breaks:
Full day = 8 hours
Half day = 4 hours
Minimum booking time = 2 hours

2. The booking will be charged from the time specified by the client for the models arrival and detailed on the booking confirmation. If the shoot runs over the time agreed, an overtime rate will apply.

3. If not detailed on the booking confirmation, overtime is charged at 150% of the hourly rate and taken to the next hour up.

4. Both agency and model fees are included in the fees detailed on the booking confirmation and will be invoiced by BM with any agreed expenses added where appropriate.

5. If not specified on the booking confirmation, expenses are charged at 50p per mile or the cost of second-class rail fare.

6. All fees quoted are for standard usage unless otherwise detailed on the booking confirmation. The standard use covers the right to use the image in the UK only for up to 1 year unless otherwise agreed in writing.

7. In the event that models from other agencies are working on the same booking providing the same service as models from BM, BM reserves the right to charge at the same rate as the other agency.

PAYMENT

1. On all invoices, payment is required within 30 days of the date of invoice. A 10% credit charge per month will be added to all invoices not settled within these payment terms.

2. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the person booking the model, BM reserves the right to invoice the 'ultimate client' (i.e. designer/manufacturer/owner of the product in question).  The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to BM in full.

3. All fees are for the right to use pictures or footage and, once agreed, are payable whether or not the use is appropriated.

ADDITIONAL FEES
If the usage or buyout is only being paid if the Model is featured in the final edit this should be made clear, in writing, prior to the booking taking place, otherwise all fees stated on BM’s booking confirmation will be payable whether or not the usage is appropriated. These cannot be retracted in retrospect.

Stills

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 agreed use detailed on the booking confirmation.

Video/Commercials

Additional fees are payable for the right to use the footage in any way whatsoever other than the initial agreed usage detailed on the booking confirmation. Unless otherwise agreed, TV commercial usage will be charged as per the rates calculated on www.usefee.tv.

It is the client's responsibility to notify BM and negotiate additional fees (including extensions of existing agreements) for any usage, which may be required.  If additional fees are not agreed prior to extra usage being appropriated, BM reserves the right to charge the client or ultimate client the fees it deems reasonable.

EXCLUSION FEES
A special fee will be negotiated when the booking 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.

TEST AND EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made in writing with BM. If test photographs are used for any commercial purpose whatsoever without permission, BM reserves the right to charge any fees it deems reasonable.

ARTIFICIAL INTELLIGENCE (AI)
BM is committed to safeguarding the interests and privacy of our models. In an era of advancing technologies, including artificial intelligence (AI), we recognise the potential risks associated with the misuse of models' images. To ensure the protection of our models, BM prohibits the unauthorised use, replication, or exploitation of model images in AI applications without explicit written consent.

Clients, partners, and third parties engaging with BM are required to adhere to this policy, acknowledging the sensitivity of models' rights to their own likeness. Any AI applications or projects involving model images must obtain prior written consent from the agency, as well as the concerned models, specifying the purpose, duration, and scope of usage.

COMPLAINTS
Any cause for complaint should be reported to BM when it arises. Complaints cannot be considered in retrospect.

PROVISIONAL BOOKINGS
Provisional bookings, also known as options or pencils, 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.

CANCELLATION FEES
If a booking is cancelled within three working days 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 three day period but within five working days of the starting time, 50% of the fee will be charged.

●  If a booking is cancelled outside the five day period, 25% of the fee will be charged.

●  For trips and long bookings; if the booking is cancelled within a period equal to the length of the booking, if longer than three days, then the full fee will be charged.

Saturdays, Sundays and Bank Holidays are excluded from these calculations.

Weather permitting bookings
If a booking is 'weather permitting' this must be made clear at the time of booking. At the first cancellation, half the 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.

CASTING, FITTING & REHEARSAL FEES
BM reserves the right to charge casting, fitting and rehearsal fees irrespective of whether the model is confirmed for the booking.

MODEL RELEASE FORM
The model release form/booking voucher must be signed by the model and client at the end of every booking.

MEALS
Clients are responsible for models' meals on bookings.

FASHION SHOWS
Payment of the agreed fee includes 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 booking.

DATA PROTECTION & PRIVACY POLICY
BM fully complies with GDPR and is committed to ensuring that any data collected is secure and protected against unauthorised or unlawful processing, accidental loss, destruction and damage. In order to prevent    unauthorised access or disclosure, suitable physical, technical and managerial procedures have been put in place to safeguard and secure the information collected.

The Company Privacy Policy is displayed on the website and this includes the Cookie Policy.  This sets out what data BH collects, how it is used and how it is stored.  Acceptance of these terms and conditions constitute acceptance of our Privacy Policy.

On occasion BM will need to disclose personal data of it’s Models to a Client in order to fulfill a contract.  In these instances, the Client agrees to comply with GDPR and ensure it has implemented appropriate and effective technical and organizational measures to protect such data against unlawful or unauthorized processing and accidental loss or damage.  Under no circumstances shall the Client share this information with any third party or make use of this information for anything at all other than to fulfill the specified contract.  The Client shall permanently erase all data once the use has been appropriated.

For the purpose of having contact numbers on call sheets, the agency office and/or emergency mobile number should be the only number(s) displayed.  The emergency mobile number is answered 24 hours a day.

INSURANCE
The client is responsible for the models health and safety when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model.

BM is not responsible for any losses which may be incurred if the model fails to attend or is late to the booking. The client is advised to insure against any loss which might result due to this.

JURISDICTION
These terms and conditions for booking and all other matters connected with the booking are governed by English Law and any dispute will be settled in accordance with that law by a court in England.

COPYRIGHT
The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed. The photographer to his extent agrees to restrict use of his/her 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/her agreement to them before the shoot commences.

GENERAL

1. All fees are to be negotiated only with BM.

2. It is not permitted for any person or company to use photographs or footage for any purpose whatsoever until all fees have been paid to BM in full.

3. Whilst every endeavour is made to provide a satisfactory and efficient service to clients we cannot be held responsible for a model's conduct on an assignment.

4. We reserve the right to negotiate within the structure of these terms and conditions.

5. These terms and conditions are without prejudice to any claim against the client.

As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.