Talent Booking Terms.
Terms and Conditions for talent
BEC Models is a regulated Employment Agency and is restricted by the 1973 Employment Agency Act including amendments.
BEC Models charges NO upfront fees to talent.
The BEC Models Terms and Conditions to all talent and/or their guardians and/or their associates
These Terms and Conditions replace any previously issued.
NB. All talent/associates on submitting any images via any media whatsoever to BEC Models, give all reproduction rights to BEC Models and in doing so lawfully accepts and abides by all the terms and conditions set and modified at any time by BEC Models.
In order to best promote work for the talent, BEC Models may include supplied images on the public BEC Models website and social media, these images may then be shown on other sites and found on search engines, and may remain on there even if the talent is no longer represented by BEC Models. This display by third parties is outside the control of BEC Models and no responsibility can be taken for them by BEC Models.
The following are BEC Models talents terms and conditions and shall apply to all talent and/or their associates immediately on submission. BEC Models will act as an Employment Agency on the talent’ behalf. By accepting a booking from BEC Models, talent are accepting our terms and it is the models responsibility to have read and fully understand these terms and conditions as a contract with BEC Models.
1. Bookings
1.1 The assignment, which has been accepted by the talent through BEC Models, must then be fulfilled through BEC Models. All extensions and derivations relating to the original assignment must be fulfilled through BEC Models. The talent will be liable to pay all BEC Models losses in respect of the original assignment, extensions and deviations if not fulfilled through BEC Models. BEC Models does not guarantee any such work.
1.2 The model undertakes that not at any time in the future will they contact in anyway whatsoever any clients introduced to them through BEC Models in any capacity whatsoever without the written consent of BEC Models. Consent to not be unreasonably withheld.
2. Assignment Contract
2.1 BEC Models will offer a contractual assignment usually by text or verbally or email. On accepting the booking the talent is liable to fulfil this contract. BEC Models will supply the “best of knowledge” assignment details of this contract by email. Each contract applies to any one offer only. Each contract cannot be applied to any other offers past or present.
2.2 The contract will quote the individual talent fees and the client fee for hiring each individual talent for completing the contract in full. The contract will give the “best of knowledge” assignment details of this contract e.g. time, date, place, wardrobe, restrictions, working hours, client fee, talent fees, proposed additional fees, etc. The talent on being emailed (time and dated franked by the email) the contract by BEC Models must complete the contract in full for the contracted fee otherwise the model will be liable for any losses incurred.
2.3 On Equity related assignments, section 2.2 applies.
2.4 BEC Models reserves the right to negotiate any post assignment disputes by any party on behalf of the individual talent and client. Any post assignment resolutions negotiated by BEC Models will be judged by BEC Models as to be fair and reasonable to all interested parties. BEC Models decision is final.
3. Booking Fees
3.1 The talent will be notified and contracted over the telephone by BEC Models of the rate of payment for a particular assignment in advance of the talents’ acceptance of that assignment. If prior notification is not possible the talent will be so informed.
3.2 Talent disbursement will be invoiced by the Agency. Unless otherwise agreed at the time of booking the talent disbursement is 15% under £250 and 18% over £250 of the invoice total.
3.3 The talent will provide BEC Models with confirmation of all disbursement associated with each assignment that they wish to recover as part of their fee. Disbursement will be invoiced by BEC Models to the client.
3.4 BEC Models will not be liable if the client does not maintain the rates of a contract / payment.
3.5 The talent gives BEC Models the right to re-negotiate with the client any necessary variations in the rate of payment without any liability to the model whatsoever.
3.6 Assignments undertaken for overseas clients may carry variations in rate due. For example, currency fluctuations and bank charges and such variations will be carried forward to the payment made to the model.
3.7 The talent gives BEC Models permission in their absence to enter into contracts with the client on their behalf.
3.8 Working hours and Overtime
Each assignment will be invoiced on either a full or half day rate, a ‘day’ is an 9-hour period with an hour’s lunch break (e.g 9am-6pm) and half day is a 4.5-hour period. All working hours are to be agreed on an individual assignment basis.
Where applicable overtime charges will be agreed with the client for weekend working etc, typically overtime rates will be agreed at one-and-a half times day rate. All overtime rates are to be agreed on an individual assignment basis where applicable.
3.9 Travel
Where applicable the talent will be entitled to include all reasonable travel disbursements associated with travel to and from each assignment, which will be included as part of the overall fee and ultimately payable by the client, in accordance with section 5, BEC Models has no liability for the payment of travel or disbursement costs. The talent is responsible for organising their own travel to and from assignments, unless previously agreed with BEC Models. The talent is responsible for confirming all disbursement (including travel) costs for BEC Models within 48 hours of completion of the assignment for BEC Models to include within client invoicing, all disbursement applications made after this time frame may not be able to be recovered by the talent.
Where travel disbursements are being claimed by the talent, the associated travelling time will not be able to be claimed as part of the full or half day costs.
3.10 Fitting fees
Any time spent by the talent for fittings will be charged on an hourly basis which will be derived by the agreed assignment full or half day rate.
3.11 Location bookings
When a location booking is made, the talent can be provided upon request with a copy of the clients appropriate health and safety risk assessment of the location. The talent is responsible for requesting and assessing their own risks for each assignment, BEC Models has no liability in relation any location risks.
4. Availability
4.1 The talent must give 7 working days’ notice to the agency to withdraw from an assignment, which has been booked by a client.
4.2 The talent shall be liable for any extra costs that have been incurred by BEC Models, the client or other talent as a result or failure to comply with condition 4.1 of these terms and conditions.
4.3 It is the talents’ responsibility to be available for the duration of the assignment.
4.4 If a talent fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the talent may be liable to pay for costs or losses incurred.
5. Payment and Invoicing
5.1 (a) BEC Models will invoice the client on the talents’ behalf.
(b) The talent will be notified prior to the assignment of any contractual changes.
(c) The talent gives BEC Models the authority to receive any money on behalf of the talent .
5.2 (a) BEC Models will normally make payment to the talent of any fees properly due within ten days of receipt of payment from the client. However under abnormal circumstances i.e. sickness, holiday’s payment may take longer than 10 days, but no longer than 35 days.
(b) BEC Models is not obligated to pay talent fees prior to payment by the client. The client may take an indefinite period to pay but is requested to make payment normally within 1 month of invoice.
5.3 BEC Models will not be liable for any outstanding fees to the talent in the event of indefinite delayed payment by the client for whatever reason.
5.4 BEC Models may in its sole discretion make an advance payment to the talent. A negotiated further 10% will be deducted from the total fees for this service. BEC Models reserves the right to recover from the talent any advance payment made.
5.5 The talent is self-employed and personally responsible for the payment of income tax, National Insurance contributions and other statutory deductions and where appropriate value added tax. The agency will not be liable for any talent failure to complete any of the above mentioned. All VAT registered talent are responsible for sending in VAT invoices within 30 days of all assignments.
5.6 The talent will invoice BEC Models with any necessary VAT amount on completing the contract in order to receive payment.
5.7 If the talent wishes BEC Models to hold onto any monies due for whatever reasons the talent must confirm this undertaking in writing whether by email, text or letter to BEC Models. If this causes the payment to be held in excess of 30 days BEC Models will issue a written statement to the worker setting out the amounts held on the workers behalf.
6. additional fees
All additional fees are to be request through BEC Models who, where appropriate will agreed at the time of the booking or before any additional usage in accordance with section 6.1.
6.1 Additional usage
Where applicable the talent will be entitled to additional fees are payable by the client for the right to use the talent’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the Permitted Use, details of which are set out in the booking confirmation form, e.g. packaging, point of sale, posters etc. For the avoidance of doubt, additional fees are payable for the right to use the talent’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings online or in any digital media including but not limited to on all social media platforms.
Unless otherwise agreed and set out in the booking confirmation form, the additional fees cover the right to use one image for the Permitted Use. Additional use fees will be set half the full or half day rate agreed for the assignment. BEC Models reserves the right to seek additional fees payable by the client at is absolute discretion.
6.2 Territory
Additional fees may also be payable by the client to the talent via BEC Models for the right to use the talent’s image or reproductions etc, outside of the set territories (e.g. outside of the United Kingdom unless otherwise agreed in the booking confirmation form). Unless otherwise agreed the additional fees cover the right to use one image for the Permitted Use in the territory or territories agreed and stipulated on the booking confirmation form.
7. Liability
BEC Models will not accept responsibility or accept liability for any loss costs claims or proceedings incurred by a model to either persons or property at any time while working, travelling to or from or in connection with any assignment whatsoever.
8. Cancellations
BEC Models is not liable for any costs claims proceedings or losses due to the cancellation of an assignment.
8.1 Cancellation of booking by the client
The talent may be entitled to their percentage of the full booking fee paid by the client via BEC Models should the client cancel the booking within 24 hours prior to the booking call time, unless the talent is rebooked within 24 hours by the client, then half the talents percentage of the booking fee is payable by the client vi BEC Models.
Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then the talent may be entitled to half the booking fee which will be payable by the client via BEC Models.
All cancellation fees are subject to section 5 of this contract.
9. weather related cancellations
On the first occasion of cancellation due to weather related adverse or server weather conditions half the booking fee may be payable to the talent by the client via BEC Models. On the occasion of the second cancellation due to weather conditions and any subsequent cancellations the full booking fee may be payable by the client via BEC Models. All cancellations fees subject to the client providing suitable notice of cancellation.
10. Performance
10.1 It is the talent responsibility:
(a) To collect their assignment details from the agency.
(b) To ensure that the assignment is fulfilled to the client's order and satisfaction.
(c) To be punctual for an assignment.
(d) To ensure that the talent possesses the specified wardrobe and accessories.
(e) To ensure that the talent fulfils the assignment as specified in the contract and accept any costs resulting from any deviation of the contract.
10.2 The talent shall bear any extra costs, which are incurred as a result of a breach of this clause 10.1
10.3 The talent will not bring BEC Models into disrepute and will be a professional representative of BEC Models at all times.
10.4 Featured talent. Defined by (a) be required to act individually in a medium shot, or more closely, or (b) possible individual direction, or (c) a direct relationship to perform with a visual featured model, or (d) possible visibility and recognizable in a crowd or individual scenes, or (e) appear in a vignette either individually or with others.
10.5 talent upgrade. If the talent is upgraded to a featured model, the full fees and usage fees will apply.
11. Meals
Clients are responsible for the provision of all nutritious meals and beverage requirements of all talent (considering all dietary requirements confirmed in advance by the talent) whilst the talent is providing services to the client on all bookings.
12. Talent care and safety
12.1 Nude, semi-nude, see-through, bathing suit or lingerie photography requires the express prior written approval of the talent via BEC Models. The use of the talent’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the talent. The image must not be altered or distorted.
12.3.1 ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the talent to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws;
12.3.2 allowing the talent to take suitable and regular rest periods, to ensure the talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
12.3.4 ensuring that no one imposes upon the talent any action, activity or environment which is either dangerous, degrading, unprofessional, unsafe and/or demeaning to the talent;
12.3.5 ensuring that the services are delivered and the talent is treated in accordance with The British Fashion Model Agents Association Code of Conduct and/or any other codes of practice or guidance issued by the Agency and/or the British Fashion Council from time to time;
12.3.6 providing the talent with an appropriate changing and dressing area to ensure that the talent can prepare for the provision of the services and also maintains his/her/their privacy; and
12.3.7 always include a credit in the form of “talent’s name” @ “the Agency”, wherever a credit is applied.
13. Exclusivity
Unless otherwise agreed in the booking confirmation form the talent is supplied to the client by BEC Models on a non-exclusive basis and the talent shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client. An additional fee will need to be agreed when the use of the talents image or the service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the talent image for competing and/or particular sector of products or within a particular territory. A talent can supply services to and allow use of the model's image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client's responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work..
14. Promotional Material
BEC Models shall at its discretion invite talent to participate in promotional activities for BEC Models. BEC Models will at their discretion reproduce model prints, website, CD-ROMs, model books, head sheets or electronic transmissions (fax, Internet, etc.) from any supplied photographs. The talent will bear no costs for this service.
15. Reproduction Rights
15.1 All images and details reproduced in association with BEC Models are supplied by the individual talent and/or their associates and with the full permission and consent of the individual model/associates. BEC Models cannot be held responsible for any loss whatsoever caused by the model misrepresenting themselves in any way.
18.2 The talent /associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with BEC Models. BEC Models cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the talent /associates by BEC Models.
16. Details of Contract
BEC Models will hold the details of each contract on computer hard disc. At any time the model can request a print, or see these details. These details will be available for 1 year after the initial date of the contract. The model is liable to collect and sign for a print of these details from the premises of BEC Models before the model can dispute in any way these details. Failure to collect and sign will mean no dispute can be entered into.
17. Termination of Representation
The talents representation by BEC Models may be terminated by BEC Models without notice but without unfair reason. The talent must resign in a written form to BEC Models although a talent must fulfil all obligations in respect of an assignment accepted by BEC Models or the talent is liable for costs incurred by BEC Models.
BEC Models requests 1 months notice of termination of contact by any talent.
18. Provisional Bookings
Once a talent is provisionally booked it is the talents’ responsibility to contact BEC Models if any circumstances change in respect of fulfilling the assignment otherwise the talent will be liable for BEC Models losses.
19. Castings
The talent undertakes on accepting a casting through BEC Models to fulfil the assignment through BEC Models any deviation from this acceptance the talent will be liable for BEC Models losses.
20. Grievances
During or after the shoot the client has the right to contact BEC Models with details of any grievances that they feel applicable to that talent (s) on that assignment. The client in their discression may reduce the payment of the models’ fee in respect of BEC Models being an Employment Agency
BEC Models, at their discretion, can instigate legal proceedings (court summons, solicitors’ letters etc.) against a non paying client for any assignment. The incurred legal fees will be deducted from any resulting payment on a proportional basis by both talent (s) and BEC Models for that assignment. The proportion liable will be calculated in respect of the relative talent fee and the BEC Models agency fee for that invoiced assignment. For example if the model fee is 82% and the BEC Models is 18% of the total invoice, the proportion of the legal fees incurred is charged at 82% to the model and 18% to BEC Models.
21. Acceptance of terms
Any model registering with BEC Models is deemed to do so on the above terms and conditions.
22. Definitions
The words and phrases shall have the following meanings:
Assignment
Any work of any description which the model obtains directly or indirectly through EBA
Model/ Talent
Any person and /or person’s guardian and/or associates who are registered with the agency and is a self-employed person. The talent is the worker
BEC Models is more for BEC Models Agency- Head Office 3 Bobby Road, Aylesbury, HP22 7AJ
Client
Any company, partnership, sole trader, association or organisation notified by the agency to the model. The client is the hirer.
Fees
Any sum or sums of money, which the agency shall notify at any time to the model, are due and payable by the client or its agent
Rates
Scales, tables or agreed term of payment of fees notified by the client
Overseas Client
Any client whose method of business necessities payment in any currency other than pounds sterling
Cancellation
Notification by any person other than the model (whether or not the client, agency or otherwise) that an assignment is not proceeding
Promotional Activity
Any work (other than an assignment) so described by the agency