Terms and Conditions
1. As required by the Department of Employment regulations this booking form containing the terms and conditions of the booking must be signed and returned by the client.
1.1 These conditions shall apply. to all quotations by, or contracts with Kids Tribe London, Kids Tribe LTD
company number: 10904996 hereby referred to as 'the Agency'.
2. Permitted Use
Unless otherwise agreed in writing by the Agency, a booking entitles the client to use one image, in the UK only, for a period of one year from the date of booking, for the following usage: editorial, experimental, press advertising, brochures, leaflets, website and catalogues.
3. Daily Hourly Rate
Booking fees are charged: per day (inclusive or 1hr lunch), per half day or per hour.
Unless otherwise agreed in writing the minimum booking is for 2hrs.
The length of a 'day' is dependant on the age of a child.
5 hours (under 5's), 7 hours (over 5's) and a full day for an adult is 8 hours.
Additional usage or extensions are to be agreed at the time of booking or prior to any additional use other than that as agreed at the time of booking. It is the client's responsibility to notify the Agency and negotiate fees for any additional or extension to usage rights.
4.1 Additional fees are payable for the right to use the model's image (including reproductions, adaptations, drawings or other representation of said image, other than initial permitted use.
4.2 Any booking precluding the model from providing their image or services for competing products.
4.3 For exclusive modelling services
Note - it is the client's responsibility to ascertain if there are any conflicts of exclusivity or other conditions.
Usage as in the initial permitted use - Uk only. Additional fees are payable for the right to use the model's image/likeness in additional territories. Fees for such use shall be negotiated on an individual basis. It is the client's responsibility to notify of any use other than initially permitted.
Overtime rates of 1.5 times usual hourly rate apply on all bookings over a 'full day' dependant on age.
WE REALISE THE IMPORTANCE OF SCHOOLING AND EDUCATION. THEREFORE WE DO NOT CHARGE OVERTIME FOR WEEKENDS AND BANK HOLIDAYS. IN FACT, WE ACTIVELY ENCOURAGE CLIENTS TO PLAN OUT OF SCHOOL HOURS WHERE POSSIBLE.
Overtime is charged at 1.5 times the hourly rate between the hours of 6pm and 9am.
Travel will be charged at 50% of hourly rate outside the M25. Fuel is charged at 50p per mile.
Fees are 50% hourly rate with a min 2hr booking
4.8 Location Bookings
A client must provide return transport or cover all travel expenses for location bookings. The client is responsible for providing all transport/travel arrangements.
If a model on location is prevented from returning to London to work, half the daily fee is to be paid.
5. Agency Fees
The Agency will invoice for both model and agency fees. The invoice will represent the model disbursement of 75% and Agency fee of 25% of the invoice total. Chaperone fees are payable to the model. Agreed expenses and VAT will be added where applicable.
6. Provisional Bookings
Provisional bookings will be automatically cancelled if confirmation is not made within 24hrs of proposed booking. If a definite booking is offered we will give provisional bookings the opportunity to confirm. If confirmation cannot be made another booking may be accepted by the Agency.
Clients are responsible for meals on bookings outside of the M25. Lunch is expected for models and chaperones booked on a 'full day' regardless of location.
8. Weather permitting bookings
At the first cancellation 50% booking fee is charged unless the client fails to cancel in time to prevent the model's attendance, in which case 100% of the booking fee is payable. At the second cancellation, the full fee is charged.
9. Cancellation Fees
9.1 If a booking is cancelled within 1 dayprior to the starting time of a booking 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 one day period but within two working days of the starting time then half the fee will be charged. Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations.
9.2 Cancellation or postponement by model (or chaperone). In the event that a booking is cancelled or postponed by the model, the Agency shall inform the Client as soon as is reasonably practicable.
The Agency shall not be liable to the Client for any loss incurred by the Client, whether directly or indirectly, as a result of, cancellation or postponement of any booking by the model; or non-attendance of a model. The Client undertakes that it shall not pursue the model (or the model’s parent or guardian) in respect of any loss incurred by the Client, whether directly or indirectly, as a result of the points in 9.2 of this document.
10. Fashion shows
Catwalk bookings give the right to make use of a model's services/image on the catwalk for the specified show and to allow authorised photographers present to take photographs/videos of the show on the basis for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required that must be negotiated at the time of the booking or prior to any additional use taking place.
11. Music videos
All fees are to be negotiated individually. In most instances, there will be a fee for the shoot plus a buyout. If not booking directly the record company will be invoiced as the ultimate client in the case of non-payment by the client.
12. Test and Experimental Photography
A client or photographer is not permitted to use test and experimental photographs/material for commercial purposes or resale unless an agreement has been made in writing with the agency. All fees must be paid prior to any proposed use.
The client, nor any other are entitled to use any images for any usage beyond that agreed or permitted at the time of booking. The photographer/client agree to adhere to copyright restrictions. If the client is not the photographer, the client is to draw all these Terms and Conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
14. Child Performance Licences
It is a legal requirement that children aged 16 or younger have a Child Performance licence in place for each job. The client is responsible for the licence.
Current legislation requires 21 days notice for the council to authorise this, but they can, at their own discretion, speed this process along.
The Agency can apply for a licence on the client's behalf, for this we charge a fee of £30.
The Agency accepts no responsibility for the non-provision of a licence by the local authority or headteachers permission for an absence from education.
15.Child Protection & Risk Assessments
It is the clients' responsibility to ensure they are abiding at all times to Child Performance Regulations and have risk assessments, child protection policies, and insurance in place.
The client must ensure that:
o There are no injurious practices in relation to a model’s health eg. over-long or late days etc
o Ensuring that no illegal or unethical practices are undertaken during the working day
o That any models under the age of 16 are required a chaperone
o That, in the case of minors (under the age of 18), all work and working conditions are age appropriate.
o No models under the age of 16 are employed to promote age-inappropriate clothing (including, but not limited to catwalks, advertising, lookbooks, e-commerce)
o Any drastic change of image is pre-agreed by the agency, ensuring authority and clear consent
o Suitable working conditions e.g. appropriate changing facilities, temperature control, meal breaks with nutritious food and drink, appropriate accommodation and transport provision where necessary
o Any passwords/images/personal information from our website/system are appropriately secure for child protection purposes.
The client is responsible for health and safety of models and chaperones when the aforementioned are 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. The Client is advised to insure against any losses resulting from any actions of, or ill health of any model or chaperone, technical, travel or communication issues as neither the Agency, model or chaperone shall be liable. The Agency can not be held liable for any actions or damage caused by a model/chaperone. The Agency cannot be accountable if the measurements submitted by a parent/guardian are inaccurate.
The Client and Ultimate Client agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.
Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
Payment is required for all invoices within 30 days of the date of the invoice. Unless otherwise agreed in writing, the person making the booking will be invoiced and responsible for payment. All fees are charged in respect of work undertaken and are payable irrespective of usage rights being exercised.
The Agency reserves the right to invoice the 'ultimate client' in the case of non-payment by the client booking the model.
Unless agreed in writing no usage of the model's image is permitted until payment is made in full.
For any invoice unpaid after 60 days a 5% per month interest rate will be applied.
The agency accepts no responsibility for any expenditure unless authorised in writing.
The Client is responsible for ensuring that the 'Ultimate Client' or any other 'interested party' is aware of these terms and conditions.