Booking Terms
It is our recommendation that the following terms and conditions are completely understood before making a model booking. Our agencies standard practices for booking are governed by the below booking terms. SUBJECT TO CONTRACT: Until our standard booking agreement or other agreed contract has been signed, no agreement has been concluded.
Insurances
It is the responsibility of the Client to ensure that they have adequate levels of Insurance to cover all Artists and Models used at all locations (including travel to and from a location). The agency is not required to, nor holds, any such insurance.
Rates
Agreed Model rates apply to shoot time and usage fees. All buyout and Outdoor Application rates will be separately quoted. An additional charge of 20% Booking Fee will also be added to the invoice and is not negotiable.
Invoices
All invoices are to be paid within 30 days of the models job or receiving our invoice, whichever comes first. Interest will be charged at 2% per month on all accounts not paid within 30 days. We accept various forms of payment to accommodate you.
The Working Day
Normal working hours are between 8am and 6pm, Monday to Saturday. For bookings over 8 hours, or before 8am or after 6pm - an overtime fee will be applied for the additional hours of work. A full additional day rate will be applied for shoots over 12 hours. Work hours do not affect buy out rates.
Hours Booked
Models are booked on hourly rates with a minimum of 2 hours, or day rates, and in special cases can be negotiated at half day rates. Half day rates are not the day rate cut in half.
Finished Times
Shoot finish times will be automatically rounded to the closest half hour or hour.
Fittings
Fittings will be charged at fifty ($50) dollars per hour for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at $75 per hour. Fittings are a minimum of one hour.
Sleepwear and Underwear
Sleepwear is charged at normal day rate. Underwear is charged at 1.5x the Day Rate unless otherwise negotiated.
Travel Time
Travel time is charged at the Models normal hourly rate. We have flat rates for travel between Calgary and Kananaskis/Banff or Calgary and Edmonton. All travel costs, accommodation and a per diem must be covered by the client.
Deposits
The agency may ask for a 50% deposit to be paid by any new clients that have no previous working relationship with the agency. The deposit needs to be paid before the shoot date, with the remaining amount to be paid within 30 days.
Usage and Additional Fees
All photography and videography is to be used for the purpose for which it was originally shot. It is up to the client to inform The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Websites, print ads, Bus-Sides etc, must be negotiated and duly authorized with The Agency prior to the booking taking place. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be notified to and negotiated with The Agency. Any image or extended usage not previously discussed and agreed on that is used without written authorization or prior approval from The Agency will be deemed unauthorized usage and will be subject to legal proceedings. Farming out or trading to other companies or people, or posting on personal websites, blogs etc is not permitted unless previously agreed to and put in writing. Please note the models are NOT authorized to sign release forms without the agency having first approved them. Any form signed by models, that were not approved by the agency, will not be valid. Outdoor Applications have a separate charge per year.
Copyright
Ownership of the models image remains with Model and Agency at all times and any unauthorized use or replication of their image will be an infringement of Canadian Copyright Laws. At no time does ownership of any image of the Model revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Model via The Agency. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the Agency Booking Confirmation and the negotiations with The Agency. The photographer to this extent agrees to restrict use of his/her copyright, and if the Client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and to obtain their agreement prior to the commencement of the shoot. Photographers may not use Test Photography for any commercial purpose unless specific arrangements have been made with The Agency in writing. Photographers may use images they shot in their own personal portfolios and their own personal website galleries - but cannot use them for sale on any stock websites, for sale on their own website, or for sale as "art" unless discussed with the agency and paid for.
Exclusivity
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, at time of booking, whether any conflicting work has been previously done by the Model. If the Model advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
First Option Bookings
If the Client does not exercise their option to release or confirm a provisional booking, The Agency reserves the right to cancel the provisional booking, allowing any secondary - 2nd option, or definite bookings to take precedence. If the client does not release or confirm the booking 48 hours in advance, the agency reserves the right to cancel the option. If our model took a day off from work or their "day" job to work your job, and then is no longer needed by you, The agreed rate must be paid in full plus agency booking fee as they are losing a day's pay at work.
Weather Permitting Bookings
It must be specified at the time of the booking the type of weather required. First Cancellation - No Fee. Second Cancellation - 50% of the total Model Fee plus Agency booing fee for the booking. Third & Subsequent Cancellations - 100% of the total Model Fee plus Agency booking fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked once the job shoots.
Cancellation Fees
On all bookings, if a job is cancelled: With less than Two Working Days Notice (48 hours) prior to the commencement of the booking, a cancellation Fee of 50% of the total Model Fee and agency booking fee for the booking will be charged. With less than One Working Days Notice prior to the commencement of the booking, a cancellation Fee of 100% of the total Model Fee and Agency fee for the booking will be charged. On arrival of the Model at Booking/Job Location, a cancellation Fee of 100% of the total Model Fee and Agency fee for the booking will be charged. For Trips and Bookings for more than three days, if the booking is cancelled within a period equal to or less than the length of the booking a cancellation Fee of 100% of the total Artist Fee for the booking will be charged.
Television
Non Union Commercials and stills are to be negotiated at the time of the booking. Any time extensions or territories must be negotiated at the time of the booking. No Model may commence a television booking until the applicable contract has been completed and signed by The Agency as the Models representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 30 days of the shoot.
Booking Fee
The Booking Fee (sometimes referred to as "Agency Service Fee" or "Commission") is a mandatory charge on all bookings made with The Agency for all Models and is not a negotiable fee for the purposes of making a booking. The Booking Fee is calculated at 20% (GST exclusive) of the Total Rate for all jobs (including usage fees). The booking fee shall never be included in the rate.
Payment
Payment is required within 30 days from the date of invoice unless previously discussed and agreed upon by the agency. In all cases the client booking the model will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking. Payment can be made by cheque, or Direct Deposit to our bank account, or Email Money Transfer.
Indemnity
The agency acts for and on behalf of the models and whist making every endeavour to provide a satisfactory and efficient service we cannot be held ultimately responsible for a model's conduct on an assignment**If the Client fails to pay the amounts due, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees, Legal Fees and Solicitor's costs.**