ARTIST CLIENT
TERMS
&
CONDITIONS
TERMS & CONDITIONS
TERMS & CONDITIONS
ARTIST/CLIENT/GUEST ADAMS DAVY RELATIONSHIP
An artist engages Adams & Davy, LLC dba Adams Davy Talent (Agency) to be their agent representative. The Agency has the Artist’s written authority to enter into contracts with any and all Clients on their behalf.
The Client is defined as the “end-user”
The Agency is an “Intermediary” or “Broker” for the project or booking.
A contract is created between Client and Artist once a booking is confirmed with the Agency
The Agency is entitled to create invoices and collect funds on behalf of Artist, as an intermediary, even though the contract exists between Client and Artist.
INSURANCES
It is the responsibility of the Client to ensure that they have adequate levels of Workers Compensation Insurance to cover all Artists used at all locations (including travel to and from a location). The Agency is not required to, nor holds, any such insurance for Artists.
RATES
Agreed Artist rates apply to production and shoot time only and do not include usage. All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate.
THE WORKING DAY
Normal working hours are between 10am and 10pm, Monday to Saturday, and penalty rates apply outside these hours. For bookings over 8 hours, a guaranteed Day Rate will need to be negotiated at time of booking in addition to a minimum breaks and lunch as required by law.
HOURS BOOKED
The total hours that Artist is booked for is the minimum hours that Artist must be paid for. If a job finishes prior to the originally booked time, Artist must be paid for the original hours booked regardless of whether the job was completed early. If a job takes longer than the originally booked hours then overtime/penalty rates will apply. If the total hours for a booking are reduced by the Client within less than Two Working Days Notice, cancellation fees will apply.
EDITORIAL
For regular editorial Artist rates to apply to a booking, the publication must be on sale nationally in the United States through a news agency or available online by paid subscription. If this criteria is not met then full advertorial rates will apply to the booking.
RUNWAY/CATWALK
Models appearing on runway are paid for their time to model clothes in front of a live audience. Any image taken of models may only be used for the purpose of editorial exposure of the collection for a period of 14 days from the date of the paid engagement. Images may not be used for any other purpose, including (but not limited to) advertising & promotion of any sponsor or third party participant in the event. The full conditions under “copyright” section of these T&C’s apply to any images taken during runway bookings.
OVERTIME & PENALTY RATES
Overtime Rates are Time and a Half of the Artist’s normal rate before 10am and after 10pm. A special rate is negotiated after 12am and before 6am. Saturday is at Artist’s normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Artist’s normal hourly rate.
FINISH TIMES
Where a shoot or booking may finish up to 19 minutes past the hour, no extra hour will be billed. At 20 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. The Agency does not charge half hours.
FITTINGS
Model & Artist fittings will be charged at half the Artist’s normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Artist’s full normal hourly rate.
SPECIFIC MAINTENANCE REQUESTS
Manicures, Tanning or Additional hair maintenance requests will be charged at half the Artist’s normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested Maintenance to reimburse the Artist.
SLEEPWEAR AND UNDERWEAR
An artist booking wearing Sleepwear is charged at Time and a Half of the Artist’s normal hourly rate. An artist wearing Underwear is charged at Double Time of the Artist’s normal hourly rate.
TRAVEL RATE
Travel time is charged at the Artist’s normal hourly rate. This applies to travel outside a 30 mile radius of the determined booking location. Travel Days are charged at half the Artist’s negotiated Daily Rate.
INFLUENCERS & SOCIAL MEDIA POSTS
If a Client requests that Talent support their product on social media, (paid or otherwise) the following is understood:
Talent always have creative control and will choose what images they post and when they will post them. The post may include an agreed hash-tag, such as the client’s product name or similar. The client has the right to request certain wording in any paid post, but final wording and image choice remains the right of the account holder. It is agreed that if the product in question is visible or mentioned in the post, and the main requested hash-tag is used, then the Talents obligations are met. At no time does creative control belong with the client.
USAGE AND ADDITIONAL ARTIST FEES
All photography and videography is to be used for the purpose for which it was originally shot and itemized in the The Agency Booking Confirmation signed by the Client at time of booking. It is the client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images and video, by way of (but not restricted to) Advertising, Posters, Mailers, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorized with The Agency prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one year from the shoot date, in the United States only, and in accordance with the usage agreed and paid for at the time of the booking. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. The Agency reserves the right to refuse the release of images for any use, for any reason, including extensions of existing print and television campaigns. Any image used without written authorization or prior approval from The Agency will be deemed unauthorized usage and will be subject to legal proceedings.
COPYRIGHT
Ownership of all images of the Artist remains with Artist at all times and any unauthorized use or replication of their image will be an infringement of United States Copyright Laws. At no time does ownership of any image of the Artist revert to either the Photographer, Videographer or Client and said images can only be used where Usage fees have been agreed and paid to the Artist via The Agency. The photographer or videographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the The Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Fees”. The photographer or videographer to this extent agrees to restrict use of his/her copyright, and if the Client is not a photographer or videographer, the client is to draw these terms and conditions to the attention of the photographer/videographer and to obtain their agreement prior to the commencement of the shoot. Photographers or Videographers may not use Test Footage for any commercial purpose unless specific arrangements have been made with The Agency in writing. Photo and Video approval for portfolio use by photographer must be attained from The Agency.
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 Artist. If the Artist advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
PROVISIONAL 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 or definite bookings to take precedence.
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 Artist Fee for the booking. Third & Subsequent Cancellations – 100% of the total Artist Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.
CANCELLATION FEES
On all bookings, if a job is cancelled: With less than Two Working Days Notice prior to the commencement of the booking, a cancellation Fee of 50% of the total Artist 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 Artist Fee for the booking will be charged. On arrival of Artist at Booking/Job Location, a cancellation Fee of 100% of the total Artist 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
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in the United States only. Any time extensions or territories must be negotiated at the time of the booking. No Artist may commence a television booking until the applicable MEAA contract has been completed and signed by The Agency as the Artist’s representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 60 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
COMPLAINTS & BILLING DISCREPANCIES
Any cause for complaint should be reported to the Agency during the course of the booking.
Any claim or alteration to the negotiated fee must be notified to the Agency within 7 days of the invoice date. No alterations or amendments to invoiced rates will be accepted more than 7 days after an invoice is issued. Please Note: The Agency act solely for and on behalf of our Artist and whilst making every endeavor to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.
BOOKING FEE
The Booking Fee (sometimes referred to as “Agency Service Fee”) is a mandatory charge on all bookings made with The Agency for all Artist and is not a negotiable fee for the purposes of making a booking. The Booking Fee is calculated between 15%-20% (excluding tax) of the Total Artist Rate for all jobs (including usage fees).
PAYMENT
Payment is required within 14 days from the date of invoice. In all cases the client booking the artist will be invoiced and solely responsible for payment unless otherwise agreed and confirmation given prior to the commencement of the booking. Payment can be made by check (sent to our Houston office), Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by Credit Card (Visa, Mastercard & American Express). Please note that payments made by Credit Card will incur a fee which is currently 3.75% .
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 and Solicitor’s costs.
THIRD PARTIES BOOKINGS
Where a booking is made by a third party to bill to the Client and that person is not legally associated with the Client, then the person/business that made the booking will be held liable for any non-payment of a booking by the Client.