BOOKING TERMS AND CONDITIONS
Trendsetter Model Management only accepts bookings ensuring that models and talents are treated with respect and professionalism, and that all necessary steps are taken to ensure their safety, health and wellbeing.
For the purpose of these booking terms and conditions, the person booking the model/talent is the “client”.
The client warrants and represents to the agency that it has full capacity to enter into these booking terms and conditions and perform its obligations under these booking terms and conditions, the booking form is executed by a duly authorized representative of the client and it has all necessary permits, licenses and consents to enter into and to perform its obligations under these booking terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and it will promptly disclose to the agency in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable the agency to ensure that the model/talent is suitably prepared and able to perform the services.
These booking terms and conditions describe Trendsetter Model Management’s practices applied to models and talents booking by clients as for the following chapters:
Terms and Conditions of Models and Talents Booking
Care and Health
Hours and Compensation
Transportation and Accommodation
Model/Talent and Agency Usage Rights
Intellectual Property Rights
Cancellation of the Booking by the Client
Cancellation of the Booking by the Agency
Complaints and Disclaimer
Liability and Insurance
1 – Terms and Conditions of Models and Talents Booking
For the purpose of the relationship between the client and the agency the client acknowledges, accepts and agrees that the agency is the supplier of services which shall be strictly and exclusively governed by these booking terms and conditions.
Trendsetter Model Management’s booking confirmation form must be signed and returned by the client.
The failure to sign and return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these booking terms and conditions and they shall apply to and govern the booking between the agency and the client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the agency has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
These booking terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by the agency and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between the agency and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of the agency outside these booking terms and conditions which have induced the client to enter into these booking terms and conditions (which expression shall include any contract of which these booking terms and conditions form part).
If there is any conflict between any of these booking terms and conditions and the booking confirmation form, then the terms of these booking terms and conditions shall prevail without detriment to the remaining unaffected terms of booking confirmation form.
The booking confirmation forms part of these booking terms and conditions and shall have effect as if set out in full in the body of these booking terms and conditions. Any reference to these booking terms and conditions includes the booking confirmation form.
All matters relating to the use of the model’s image, any other services supplied by the model/talent and all fees must be negotiated and agreed only with the agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. 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 purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model/talent or the agency unless and until it is agreed in writing by the agency (such agreement to be determined in the agency’s absolute discretion).
The booking confirmation forms part of these booking terms and conditions and shall have effect as if set out in full in the body of these booking terms and conditions. Any reference to these booking terms and conditions includes the booking confirmation form.
If any of the terms, conditions or provisions of these booking terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Nothing in these booking terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these booking terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other’s credit.
Except as otherwise expressly provided in these booking terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these booking terms and conditions are assumed by them jointly and severally.
No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these booking terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.
Except as and to the extent expressly otherwise specified in these booking terms and conditions, the rights and remedies contained in these booking terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these booking terms and conditions.
2 – Care and Health
The client shall ensure that the model/talent is protected and maintained at all times whilst providing services to the client and it will take all steps necessary to ensure that the model/talent is protected and treated in accordance with all applicable laws and good industry practices.
The client will be held responsible for:
providing that the venue for the provision of the services and the working conditions that has to be safe and secure and has to allow the model/talent to provide the services in compliance with all health and safety standards, regulations, codes and laws.
allowing model/talent to take suitable and regular rest periods, to ensure the model/talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services.
providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model/talent whilst the model/talent is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client.
providing the model/talent with an appropriate changing and dressing area to ensure that the model/talent can prepare for the provision of the services and also maintains his/her privacy.
ensuring that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional.
ensuring that no one imposes upon the model/talent any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model/talent
ensuring that model/talent during each parts of the work have never to be left alone with a single person (photographer or productions staff).
provisioning of all meals and beverage requirements of the models/talents (with consideration of dietary requirements) whilst the models/talents are providing services to the client on all bookings; alcoholic beverage are prohibited in the workplace at all times.
providing full assistance to the model/talent during their engagement including (without limitation) making an interpreter available for model/talent do not speaking English.
providing a comfortable temperature to safeguard the model/talent health in case of nudity or semi-nudity.
3 – Hours and Compensation
The model/talent working hours must be monitored and comply with the local law ensuring legal requirements with regards to time.
Fees are charged by the day or by the hour. A ‘day’ is an 8-hour period (including one hour for lunch) between 9am and 6pm (e.g. 9am-5pm or 10am-6pm). An extra hour between 9am and 6pm is charged at the normal rate.
The appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one-and-a half times the hourly rate. Saturdays are charged at one-and-a half times the hourly rate and Sundays or bank holidays are charged at double the hourly rate. Any booking that is over 5 hours will be charged at the day rate as set out in the booking confirmation form.
Any time spent by the model/talent for fittings is charged at half the applicable hourly rate
Save as provided by any local agency, specific written negotiations must be carried out with the agency if the call time exceeds 4 hours before the work.
4 – Young Model/Talent
No model/talent under 16 years old is allowed to represent adult in runway shows or shootings.
Works hours for model/talent between 16 and 18 years old are subject to special rules and in any case these model/talents are not allowed to work between 10pm and 6 am. The agency will appoint a chaperon for each model/talent under the age of 18 and the presence of the chaperon at the place of work is mandatory. If the job involves semi-nudity or nudity the client must receive express, written and prior authorization, through the agency, from the model/talent parent or parents according the local legislation laws.
In case of accommodation, the client must host model/talent chaperon in the same building. The above provisions do not integrally apply to France, where the provisions of the “convention collective nationale des mannequins adultes et mannequins enfants de moins de 16 ans employés par les agences de mannequins du 22 Juin 2004, etendue par arrêté du 13 avril 2005 jorf 27 Avril 2005” prevails.
5 – Transportation and Accommodation
When a location booking is made, the client must provide model/talent with a level of transport and accommodation that ensures model/talent well-being and must be responsible for all transportations of the model/talent to the location.
After 8 pm the client must provide transportation for model/talent to return to their place of residence.
If the client fails to provide such transport, then the agency shall be entitled to re-charge the cost of the transport procured for the model.
The client will make a health and safety assessment of the location and shall notify the agency of any potential risks and how these have been mitigated. The client acknowledges that are complied with whilst on any location bookings
If not directly borne by the client, travel and accommodation expenses incurred by the agency for the model/talent in connection with the service provided to be client shall be reimbursed by the client to the agency.
Any time spent by the model/talent travelling to or from a client’s venue will be charged at half the hourly rate. This applies to any travel outside of a five-mile radius of the agency.
6 – Image Usage
Unless otherwise agreed and included on the booking confirmation form, booking fees provide an entitlement and right for the client to use one image via a single published media for one year or for a single season, (as determined by the agency at the date of booking and as detailed on the booking confirmation form) from the date of the first exit only in the territory where the agency is based.
No right to reprint or make any other use in any other media is granted unless approved by the agency.
Additional fees are payable for the right to use the model’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 initial permitted use, details of which are set out in the booking confirmation form, e.g. packs, posters, show-cards, record covers, tickets packaging usage, billboards, counter cards and similar special usages. For the avoidance of doubt, additional fees are payable for the right to use the model’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 Twitter, Facebook, Tumblr, Instagram, Myspace, YouTube, Flickr, blogs or other social networking websites or other media.
Additional fees are payable, and subject to the agency’s prior consent, for the right to use the model’s image or reproductions for all territories other than the one where the agency is based.
Catwalk bookings provide the client with the right to make use of a model’s services 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 is exploited for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and the client will procure that they abide by these conditions. If any other usage is required, it must be negotiated and agreed with the agency at the time of the booking.
All fees will be negotiated, structured and paid by the client on a case by case basis. In normal circumstances there will be a fee for the shoot plus an additional buyout fee payable by the client.
Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis between the client and the agency.
When the agency agrees to allow a photographer to take test or experimental photography the photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
Please note that such permitted uses and entitlements are strictly subject to payment in full of all fees owed to the agency prior to the image’s first use.
The client agrees in including a credit in the form of “model’s name” @ “the agency”, wherever a credit is applied.
7 – Model/Talent and Agency Usage Rights
Client must send a digital copy of all the model/talent images to the agency within 10 days from the first usage.
Client agrees that both agency and model/talent are authorized to use model/talent’ images granted to the client for the purpose of promoting model/talent career and agency reputation.
Client agrees and authorize both the agency than model/talent to post and display the images granted on their social media and internet pages.
Clients agrees that these images may be shared and exchanged with all of the Trendsetter Model Management agencies.
8 – Exclusivity
Unless otherwise agreed in the booking confirmation form the model/talent is supplied to the client by the agency on a non-exclusive basis and the model/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 model’s image or the service to be supplied by a model/talent 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 model’s image for competing and/or particular sector of products or within a particular territory.
A model/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/talent supplied has undertaken or is booked to undertake any conflicting work.
9 – Invoicing
All the model’s rates are subject to a 20% agency fee. Both the agency fees and model/talent rate will be invoiced by the agency.
All sums payable under these booking terms and conditions are exclusive of VAT and any other similar or equivalent taxes and withholdings taxes without limitation to applicable taxes, social security, benefit and/or other remuneration.
All invoices payment is required to be made by the client within 30 days of the date of the invoice.
In regard to invoices issued from Trendsetter Paris, as for French law 2008-776 4th August 2008, that introduced the obligation for debtors to pay their invoices within a maximum period computed from the date the invoice was issued, the payment period shall not extend beyond 45 days from the end of the month or 60 days from the invoice date and the minimum late payment interest is to three times the legal interest rate.
There is a 4% processing fee for all credit card payments.
In all cases, the person booking the model/talent is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The agency is solely responsible in perpetuity, for all modifications, extensions and renewal of bookings.
The agency reserves the right in its discretion to invoice the ‘ultimate client’, (e.g. Designer/Manufacturer/Owner of the product in question); this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly.
In the event that the client is providing the services on behalf of or to a third party end user, in entering into these booking terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user enters into an agreement with the client on the same terms as these booking terms and conditions, acknowledges its obligations to the agency including but not limited to the obligation to pay the agency within 30 days of the date of any invoice received from the agency; and acknowledges that the third party end user may not use the images until payment is received by the agency and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.
All fees for usage are for the right to use the model’s image and are payable whether or not the right is exercised. Unless the agency specifically agrees otherwise, in writing, no usage for the model’s image is permitted until the agency has received payment in full. The agency reserves the right to alter payment terms if it deems appropriate.
If the client fails to pay in full on the due date any amount which is payable to the agency, without prejudice to any other right or remedy of the agency, the amount outstanding shall bear interest both before and after any judgment at two per cent per month base rate from the due date until up to and including the date that payment is made in full.
10 – Intellectual Property Rights
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 section image usage. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the client is not the photographer, the client shall draw all these booking terms and conditions to the attention of the photographer and procure his agreement to them before the shoot commences.
All rights not expressly granted to the client under these booking terms and conditions are hereby reserved to the agency and/or the model/talent as appropriate. In particular, the client acknowledges and agrees that the agency is the owner or license holder of all commercial rights and intellectual property rights relating to the model/talent and the agency and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model/talent or the agency other than the rights specifically granted to the client under these booking terms and conditions.
For the avoidance of doubt, notwithstanding anything in the booking confirmation form or these booking terms and conditions, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that the agency and the model/talent may use the images resulting from any booking in any form whatsoever, solely in order for the model/talent and the agency to promote the model/talent and in the search of future job opportunities for the model. The model/talent and the agency acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these booking terms and conditions.
11 – Cancellation of the Booking by the Client
Within 24 working hours of the booking call time the full booking fee will be charged and payable by the client.
Outside 24 working hours of the booking call time but within 48 working hours of the booking call time of the booking date, then half the booking fee will be charged and payable by the client.
The full booking fee will be charged and payable by the client for bookings between one and eight days duration within a period equal to or less than 48 working hours then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
The full booking fee will be charged and payable by the client for bookings between eight and twelve days duration within a period equal to or less than 48 working hours then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
12 – Cancellation of the Booking by the Agency
Should the agency want to cancel a booking then it shall use reasonable endeavors to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
In any event the agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the agency shall not be liable to the client for any costs incurred as a result of such cancellation.
13 – Complaints and Disclaimers
Any cause for complaint must be reported to the agency by the client as soon as it arises.
Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the agency will use reasonable endeavors to ensure that the models provide a satisfactory and efficient services to clients, as the agent, the agency cannot be held responsible for a model’s conduct or behaviour whilst delivering the services and in this regard the agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.
14 – Indemnity
The client shall indemnify the agency and keep the agency indemnified against all costs, expenses, damages and losses suffered or incurred by the agency (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
any breach by the client of these booking terms and conditions,
any claim brought by a third party against the agency in circumstances where, as a result of the client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these booking terms and conditions has caused the agency to be in breach of the terms of an exclusive agreement with such third party; and
any breach by the client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time.
15 – Liability and Insurance
The client shall affect and maintain (and shall require its ultimate client, if any, to maintain) throughout the continuance of this booking condition insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under these booking terms and conditions.
Such insurance policies shall include without limitation:
travel insurance to cover the activities of the models whilst travelling to and from the location of the services:
insurance to protect the model/talent and the agency should any damage, injury or loss be caused by the model’s inability to attend the booking or whilst the model/talent is providing services to the client
insurance to protect the model/talent and the agency wage replacement and medical benefits to those who are injured while working.
The agency shall not be liable for:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
failure by the model/talent to attend a booking for whatever reason;
damage to the client’s reputation; or
consequential, special or indirect loss or damage; even if the agency has been advised of the possibility of such loss or damage
The agency shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these booking terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the agency including without limitation fire, floor or catastrophe, acts of god, insurrection, workforce action, war or riots, (an “event of force majeure”) and the agency’s obligations under these booking terms and conditions shall be suspended for so long as the event of force majeure continues and to the extent that it is so delayed.
The agency limits its liability under these booking terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the agency for all claims under these booking terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the agency.
16 – Confidentiality
The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these booking terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances.
17 – Privacy
Each party shall comply with all applicable data protection and privacy laws and regulations, including, without limitation, the provisions of the applicable data protection legislation for EU citizens and not by any act or omission put the other party in breach of them in connection with this agreement.
For the purposes of these booking condition conditions, the parties acknowledge, accept and agree that the agency is the data controller and the client is the data processor.
Where the agency transfers model/talent personal data and/or other personal data to the client, the client warrants and represents it shall:
ensure it has implemented appropriate and effective technical and organizational measures to protect such data against unauthorized or unlawful processing and accidental loss or damage;
where necessary and/or applicable provide full and open co-operation and prompt assistance to the agency, and ensure it has the appropriate technical and organizational measures in place, to enable the agency to comply with any valid data subject access request without delay;
where necessary and/or applicable, provide full co-operation and assistance to the agency to ensure the model/talent personal data and/or other personal data is deleted without delay in response to a valid request from a data subject;
where necessary and/or applicable, provide full co-operation and assistance to the agency in ensuring the model/talent personal data and/or other personal data is up to date, complete and accurate;
maintain accurate and detailed internal records of all processing and (where applicable) storage of the model/talent personal data and/or other personal data (and make such records available to the agency and/or the relevant supervisory authority for the purposes of an investigation), demonstrating compliance with the data protection principles including but not limited to specifying the relevant conditions for processing the model/talent personal data and/or other personal data (including but not limited to obtaining relevant and up to date consents) and specifying and recording the fair and lawful purposes for which the model/talent personal data and/or other personal data is being processed;
ensure that access to the model/talent personal data is limited to those employees or authorized third parties who reasonably require access to the model/talent personal data pursuant to these terms and conditions and that all employees and authorized third parties are informed of the confidential nature of the model/talent personal data. If the client subcontracts or grants access to the model/talent personal data, the client shall ensure that such authorized subcontractors or employees enter into an agreement with the client containing data protection provisions as for applicable law.
not, by any act or omission, put the agency in breach of any registration under, any data protection legislation and/or any applicable laws;
not transfer the EU resident model/talent personal data and/or other personal data to countries outside the European economic area;
In the event of any breach of the applicable data protection legislation, the client shall:
immediately and fully notify the agency in writing of any notices in connection with the processing of any of the model/talent personal
data and/or other personal data;
provide such information and assistance as the agency may reasonably require, including in relation to any notifications to the national data protection authority;
take all necessary precautions to preserve the integrity of any model/talent personal data and/or other personal data which it processes and to prevent any corruption or loss of such data and in such event and if attributable to any default by the client promptly restore the data at its own expense or, at the agency’s option, promptly reimburse the agency for any expenses it incurs in having the data restored by a third party.
The client shall indemnify the agency against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the agency arising out of or in connection with any breach by the client of any of its obligations.
18 – Exclusive Jurisdiction
The parties agree that these booking terms and conditions and its provisions will be governed by and construed in accordance with the local laws where each Trendsetter Model Management agency party of the booking is placed and submitted to the exclusive jurisdiction of the relevant agency location.
For the avoidance of any doubts:
For Trendsetter Texas, the law of the State of Texas and the exclusive jurisdiction of the Harris County court shall apply;
For Trendsetter Miami, the law of the State of Florida and the exclusive jurisdiction of the Miami-Dade County court shall apply.
19 – Final provisions
These booking terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these booking terms and conditions.
No variation or amendment to the terms of these booking terms and conditions shall be valid and binding unless in writing and signed by an authorized representative of each party.
The client acknowledges, accepts and agrees that the agency has entered into these booking terms and conditions for the benefit of itself and the model/talent and accordingly the model/talent shall be entitled to enforce these booking terms and conditions as if he/she were a party to these booking terms and conditions.