Impact Models Agency Terms & Conditions

Terms & Conditions for Models. Actors, Fashion stylists, Choreographers and Make-up-artists.

                        The Studio, 347 Upton Lane, Cronton, Widnes, Cheshire, WA8 9AQ

                                          www.impactmodelsagency.co.uk Tel: 0151 495 2266

                                          Impact Models Agency Terms & Conditions

1. INTRODUCTION

Impact is engaged in the business of providing Agency services to Models/Creative (as detailed above) desiring to obtain various assignments and has skill, knowledge and experience in the field

The Model/Creative wishes to use the services of IMPACT to try to obtain various assignments.

Both parties wish to make clear their respective rights and obligations during their business dealing together.

Impact Models operates as an employment agency as required by the Conduct of Employment agencies and Employment Businesses Regulations 2003.

Impact will endeavour to secure the best terms possible with Clients, paying attention to staff safety, working conditions, hours and fees.

Whilst we will promote individuals for assignments we cannot guarantee selection, the ultimate decision is always with the Client.  Those individuals with a reputation for professionalism are always those who are offered the most work.  Remember reputation is everything in this industry. In brief, we will do our best for you and expect no less in return.

The type of work we will endeavour to find for you on your behalf will be TV commercials, TV extra work modelling photographic and advertisements, and fashion shows. We get daily casting calls for TV commercials and modelling assignments from our Clients we will then email our Clients with suitable models or direct them to your portfolio on the website and should the Client then wish to book you for the job or wish to see you for a casting we would call you with all the details.

2. OPERATIVE PROVISIONS

1.Interpretation

1.In this Agreement

“AGREEMENT” means this instrument as it may be amended modified or supplemented from time to time by the mutual agreement of the model and IMPACT.

“SERVICES” means any services which are normally included in the industry relating to the provision of Agency services.

“Client” means any person for whom IMPACT has agreed to provide personnel for assignments.

The headings in the agreement are inserted only for convenience and should not affect its construction.

Where appropriate words denoting a singular number only shall include the plural or vice-versa.

3. ETIQUETTE

Whilst on an assignment there are certain fundamental conduct issues which must be adhered to, they are as follows:

•Mobile phones are to be switched off during working hours.

•All food and drink to be consumed during allocated breaks.

•If you are a smoker please ensure you smoke in designated smoking area and smoking must be in break time.

•Rates not to be discussed with the Client.

•Always arrive 15 minutes prior to commencement of assignment.

•Always stick to your first booking.

We require a high standard of professionalism and this should cover all aspects connected with your work.  Remember you are the public face of the Company you are working for and as such should always present yourself and the product to the best of your ability.  Enjoy your work and be amiable to the Client but do remember that over-familiarity can lead to problems and should be avoided. The model must immediately notify the Agency of any direct offer of work from any Client of the Agencies or any associate of the Client’s introduced to by the Agency. The model agrees that they will not accept any paid or unpaid offers of employment from the Agencies Client’s or any associates of the Agencies Clients. In this instance any model found to directly be working for a Client introduced to by Impact or their associates will be instantly removed from our books.  This could lead to legal proceedings.

Under no circumstances must a model divulge their personnel details to the agencies Clients or any associate of the agencies Client. This is to include telephone number, address, email address or add as friend on networking sites such as Face book.

Any model approached by a Client for work, the work and the Client must be referred to the Agency. The model will not miss out on the booking but Clients of the Agency and their bookings MUST go through the Agency.

4. DURATION

This agreement will continue for as long as the Model shall continue to use IMPACT for services unless and until terminated in accordance with this agreement or by the mutual agreement of the Model and IMPACT

5. TERMS FOR BOOKING

When given an assignment we will take verbal acceptance, text message, or confirmation email from you agreeing to do undertake the booking as confirmation of the booking; you will then be given written confirmation in the form of an email.  The email includes all details of timing, fees, job requirements, venues, other models booked and clothing needed. These details will be provided to you by email, if this is not possible we will verbally give all the information to you. It is your responsibility to ensure you have all of the necessary information for the assignment that you need and that you know where you are going. This includes suitable directions/map and that you know where you are going. Google Earth gives very good directions as does http://www.rac.co.uk/web/routeplanner/

Assignment obligation

You are not obliged to accept any assignment offered by the Agency. However, if you choose to do so, the following regulations are enforceable for the duration of the activity: -

a) Co-operate fully with fellow models placed on the assignment with you by the Agency and accept the direction, supervision and control of any responsible person working on behalf of the Agency.

b) Observe any relevant rules and regulations of the Agency stipulated within these terms and conditions or otherwise stipulated in the assignment brief or by word of mouth by a representative of the Agency or which you might reasonably be expected to ascertain.

c) Adhere to the stipulated hours of work communicated to you either in writing or verbally by the agency.

d) Take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by actions on the assignment and comply with any health and safety policies of the Agency.

e) Not engage in any conduct detrimental to the interests of the Client or the Agency.

f) Not at any time divulge to any person, nor use for your own or any other person’s benefit, any confidential information relating to employees, business affairs, transactions or finances of Clients, us or the terms of the agreement between you and us.

g) Comply with the stipulations in any health and safety risk assessment and training manual produced by us or by our client in relation to any assignment and observe and perform all reasonable written rules and regulations of ours notified to you in writing or verbally before or during any assignment upon which you are engaged and which shall be deemed to form part of and be incorporated into these terms.

6.OBLIGATIONS of IMPACT

IMPACT shall keep reasonable record relating to the provision of the services by IMPACT to the Model and at the Models request shall make them available for inspection and/or provide copies to the Model.

IMPACT shall make reasonable endeavours to obtain assignments suitable to the Model providing that the Model is not in breach of any of the conditions of this Agreement.

7.PAYMENT

Equity and non-equity assignments.

In accordance for the provision of its services, IMPACT shall receive a percentage of 25% of the total fee due and owing to the Model in relation to an equity and non-equity assignment carried out by the Model.

The fee payable to the Model will be stated on the booking confirmation given to the Model prior to each assignment. IMPACT will invoice the Clients directly for work performed by the Model and raise a self-bill invoice for the Model net of the commission owing to IMPACT. The Model agrees to accept invoices raised by IMPACT on their behalf. All fees payable will be made directly to IMPACT. When the Client has made payment of the fee owing, IMPACT shall then hold this fee for up to 10 days and then pay the Model the fee net less any outstanding fees due to IMPACT such as Model cards or website payment.

All Models/Actors/ Make-up Artists/ Choreographers agree that they are paid on a self-employed basis and that they are responsible for their own tax and National Insurance contributions.

The Model recognises that being placed on the books of IMPACT does not constitute an offer of employment either express of implied. The Model is self-employed, and this agreement is concerned with the provision of the Agency services to the Model. This Model is responsible for his/her tax and national insurance payments and agrees to indemnify IMPACT in respect of any claims that may be made by the relevant authorities against the Model in respect of tax demands or national insurance or similar contributions relating to the provision of services by IMPACT to the Model. The Model understands that IMPACT discloses all financial information regarding work the Model has done for IMPACT to the Inland Revenue on request as required by law.

Impact does not offer rebates or refunds.

For filming and modelling work done outside of the UK where the client pays the model direct the model agrees to pay The Agency 25% of all earnings.

8. WEBSITE

If you are selected to represent the agency on the modelling website it is at the agencies discretion which photographs from your portfolio are used. It is your responsibility to check your details and measurements are correct on the site. Impact Models cannot be held responsible for errors with your details. If you discover that an error has been made to your details please inform the agency immediately so as we can amend them accordingly.

The cost for portfolio placement is £150 for the duration of the time that the model is with the agency. This will be deducted from your first modelling assignment. Included in the £150 we will replace and add additional images for the lifetime of the model being with the agency and the model has the ability to download their model cards in a PDF format to take to castings.

This is the only applicable charge.

We do not charge for model cards these are free to download from our website.

 9.OBLIGATIONS OF THE MODEL

The Models shall arrive 10-15 minutes early to a booking and be fully prepared with all that maybe required for the assignment in question. The model shall always take with them to every shoot selection of suitable shoes, accessories and underwear and be well groomed with clean hair and manicured nails guys should be clean shaven unless otherwise stated. If the Model shall arrive late to an appointment the Model maybe charged for the excess wages of any personnel which may be caused as a result of the late arrival of the Model where such personnel are also required to attend the appointment.

If the Model shall withdraw from a confirmed appointment within 24 hours before the appointment, then the Model maybe liable for all losses which may result from such withdrawal.

The Model agrees the net fee due to the Model maybe further reduced to cover the cost incurred by IMPACT for website placement fee if not already paid.

The Model must make best endeavours to supply IMPACT with up to date pictures of the Model and all relevant material and information relating to the Model including but not limited to new test shots, published pictures and information and material relevant to building up the Models own portfolio.

The Model must inform IMPACT of a material change in the Model’s appearance including but not limited to hair colour, style and length.

The Model shall ensure that IMPACT is informed in all reasonable time of availability and unavailability of the Model due to holidays and other commitments previously made.

The Model agrees to keep strictly secret and confidential all matter arising or coming into the Models attention for any reason in connection with the payment of fees to the Model or any other Model using the Services of IMPACT secret and confidential and not at any time for any reason what so ever to disclose them or permit them to be disclosed to any third party except as permitted by IMPACT.

The Model undertakes to behave in a professional manor and to promote the Models name and reputation as well as the name of IMPACT.

The Model shall not work for any other Model and Casting Agency within a 15mile radius of the Agency. This is to include the Cheshire and Merseyside areas.

It is the model’s responsibility to keep up to do date with any changes to terms and conditions from when they sign with IMPACT. Terms and conditions can be amended and will always be available for the model/actor to view on line. We suggest the model checks the website every 2-4 weeks for updates.

10.TERMINATION

Impact may terminate this Agreement at any time in the event of the following: -

If IMPACT reasonably considers that the conduct of the Model is not keeping with the good and valuable reputation of IMPACT.

If IMPACT reasonably suspects that the Model has commenced negotiations with a Client.

If IMPACT receive complaints about the Models behaviour. If the Model fails to go to a confirmed booking in breach of this agreement.

If the Model is in breach of any other provision of this agreement.

It is the model’s responsibility to keep up to do date with any changes to our terms and conditions. Terms and conditions can be amended and will always be available for the model/actor to view on line. We suggest the model checks the website every 2-4 weeks for updates.

Either party shall give 3 months’ notice to the other in writing to terminate the agreement but both parties shall honour the model and complete any confirmed assignments/contracts beginning within this period.

11.GOVERNING LAW AND JURISTICATION

The validity construction and performance of this Agreement shall be governed by English law.

12.ILLEGALITY

If any provision or term of this agreement or any part thereof shall become or declared illegal invalid or unenforceable for any reason what so ever such terms and provisions shall be devisable from this agreement and shall be deemed to be deleted from this agreement.

This Agreement shall not be amended, modified, varied or supplemented except in writing signed by duty authorised representation by the parties.

No failure or delay on the part of either party hereto exercise any right of remedy under this agreement shall be constructed or operated as a waiver.

13. TEST PHOTOGRAPHY

Any free test shoots arranged by the Agency for the model remain the property of the Agency and as such the model is not allowed to be promoted by another model Agency using the images that have been arranged free of charge by the Agency. Test shoot photographs are for the sole use of the Agency to promote the model with the agencies Clients and for the model’s portfolio purposes only with Impact Models Agency. They cannot be used by any other Agency at any time.

14. COMMISSION

Impact Models and Casting takes a commission of 25% from your earnings on modelling and TV commercials, we take 15% commission for TV extra work.

15. AGENCY HOURS

The office is generally open from 9am-5.30pm from Monday to Friday.

You can contact Christine Cartwright on 07958 242855 out of office hours for emergencies

16. CANCELLATIONS

A verbal acceptance is taken as confirmation of booking.  If you do have to cancel a job please notify us by telephone immediately to allow us to find a replacement or indeed re-book you for a later date is this is acceptable and suitable for our Client. If you are feeling unwell or are unable to attend a booking and are due to attend the booking and the Agency is closed you must verbally speak with Christine Cartwright on 07958 242855 (24 hours a day)

17. PROVISIONAL/ PENCIL BOOKINGS

If you are placed on a provisional booking you must keep this day AND EVENING free for Impact Models unless released by the Agency. Provisional bookings will be followed up by the Agency regularly and we will keep you informed of the progress. Provisional bookings will be cancelled with the Client if within 24 hours of the booking no definite arrangements can still be made and a definite booking has been offered for a model. Please always check with the Agency if you are offered other work for the same dates as a provisional booking THIS INCLUDES EVENING WORK AS WELL.

18. TIMINGS

All timings will be stated on your booking details, these should be strictly adhered to.  We expect you to allow yourself plenty of time to get to venues considering traffic jams, train strikes and the possibility of getting lost.  Always aim to arrive at least 15 minutes before your start time.  If for any reason you are running late you must telephone the Agency so we may inform our Client.  Or if it is a weekend booking you must telephone Christine or (whoever is the contact on your assignment details).

19. HOTELS

Accommodation is not provided unless stated on your contract. Clients will all have different budgets we will notify you of allowances on your contract.  However, all incidentals e.g. newspaper, phone calls and drinks etc. will be payable by yourselves and should be settled on the morning of departure.

20. CLIENT REFERRAL

 If the model refers a Client to the Agency and as direct result the Client makes a booking with Agency the model will be financially rewarded

21. STAKEHOLDER PENSION

Impact Models can offer a stakeholder pension to workers who have been on our payroll for a minimum of 3 consecutive months.  Please contact the agency if you are interested, for more details.

22. MODIFICATION OF TERMS AND CONDITIONS

Impact Models reserves the right to change the terms and conditions. You are responsible for regularly reviewing these terms and conditions and any additional terms. Your continued use of Impact Models constitutes your agreement to all such terms and conditions.

23. DATA PROTECTION

Impact Models respects the privacy of all personal data provided. We use our best endeavours to comply with the Data Protection Act 1998 always. Impact Models will use the information you provide only for the purposes of registration, casting breakdowns, travel arrangements with other models, newsletters or providing information about its services from time to time.

About Impact Models Agency

The Studio
347 Upton Lane
Cronton
Widnes
Cheshire
WA8 9AQ
Tel: 0151 495 2266
Fax: 0151 495 3851

CALL US - 0151 495 2266