MODELterms
INTRODUCTION
> ARCHERmodels is engaged in the business of providing agency services to Models and Actors, who are engaged on a self-employed basis, desiring to obtain various assignments and has skill, knowledge and experience in that field.
> The Model/Actor wishes to use the services of ARCHERmodels to try to obtain various assignments.
> Both parties wish to make clear their respective rights and obligations during the course of their business dealings together.
Any Model/Actor registering with ARCHERmodels agrees to abide by these Terms and Conditions and accepts that they may be updated from time-to-time. The most recent amendments will be displayed on the website www.archermodels.com/modelterms The Model/Actor is responsible for checking and understanding amendments prior to each assignment.
DURATION
This Agreement shall continue for as long as the Model/Actor shall continue to use ARCHERmodels for services unless and until terminated in accordance with this agreement or by the mutual agreement of the Model and ARCHERmodels.
OBLIGATIONS OF ARCHERmodels
1. ARCHERmodels shall keep reasonable records relating to the provision of the Services by ARCHERmodels to the Model/Actor and at the Model/Actor’s request shall make them available for inspection and/or provide copies to the Model/Actor.
2. ARCHERmodels shall make reasonable endeavours to obtain assignments suitable for the Model/Actor provided that the Model/Actor is not in breach of any of the conditions of this Agreement.
OBLIGATIONS OF THE MODEL/ACTOR
1. The Model/Actor shall arrive to a booking in good time and be fully prepared with all that may be required for the particular assignment in question including (but not limited to) the specified wardrobe and accessories.
2. The Model/Actor must inform ARCHERmodels of a material change in the Model/Actor’s appearance including but not limited to weight loss/gain, hair colour style and length.
3. The Model/Actor shall in no circumstances give out the Model/Actor’s own address or telephone number to or contact a Client which has been introduced to the Model/Actor by ARCHERmodels, nor accept work (whether paid or unpaid) from any Client direct.
4. The Model/Actor understands that while working for a Client, confidential information may be disclosed about the Client or third party Clients and such information may not be disclosed.
ASSIGNMENTS
1. Once an assignment is accepted by the Model/Actor through ARCHERmodels, it must then be fulfilled and completed through ARCHERmodels including all extensions and extra usages which may arise. The Model/Actor will be liable to pay all losses in respect of this if the assignment and/or all extensions are not honoured, based on standard fees ARCHERmodels would have charged for the job in question.
2. If the Model/Actor shall arrive late to an assignment the Model may be 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 assignment.
3. If the Model/Actor shall withdraw from a confirmed assignment for any reason other than illness (to be evidenced by a medical certificate) the Model/Actor may be liable for all financial losses which may result from such withdrawal.
4. The Model/Actor understands that within the usage agreed, the Client may change or edit images or footage. They may be cut, edited, added to and/or combined with text or other footage/images/graphics and modified or altered without the Model/Actor’s knowledge or approval.
5. The Model/Actor gives consent for ARCHERmodels to negotiate and agree on the Model/Actor’s behalf, to any extra usages which may arise following any jobs secured by ARCHERmodels for the Model/Actor during the course of this agreement, even after this agreement has been terminated. It is the Model/Actor’s responsibility to notify ARCHERmodels of any exclusive contracts the Model may have entered in to with any competing products prior to or following a job done through ARCHERmodels which would preclude them from any further usage being agreed.
6. ARCHERmodels reserves the right to negotiate any post-assignment disputes on behalf of the Model/Actor. Any disputes will be dealt with in a way ARCHERmodels deems is fair and reasonable to all interested parties and ARCHERmodels’ decision is final.
PAYMENT
1. In consideration for the provision of its Services, ARCHERmodels shall receive a percentage of 20% of the total fee due and owing to the Model/Actor in relation to an assignment carried out. The fee payable to the Model/Actor will be stated on the booking confirmation given prior to each assignment.
2. ARCHERmodels will invoice the Clients on the Model/Actor’s behalf for work performed. The Model/Actor agrees to accept invoices raised by ARCHERmodels on their behalf. All fees payable will be made directly to ARCHERmodels. When the Client has made payment of the fee owing, ARCHERmodels shall then hold this fee for up to 10 days and then pay the Model/Actor the fee, net any other fees due to ARCHERmodels, such as any NIC deductions which may have been made by the Client as required by law prior to payment being received by ARCHERmodels.
3. ARCHERmodels expects to receive payment from the Client 30 days after the completion of the Assignment. ARCHERmodels shall not be liable to the Model/Actor for any late payment by the client or failure of any Client to pay any fee due and owing.
4. The ModelActor recognises that being placed on the books of ARCHERmodels does not constitute an offer of employment either express or implied. The Model is self-employed and this Agreement is concerned with the provision of Agency services to the Model/Actor. The Model/Actor is responsible for his/her tax and National Insurance payments and agrees to indemnify ARCHERmodels in respect of any claims that may be made by the relevant authorities against the Model/Actor in respect of tax demands or national insurance or similar contributions relating to the provision of the Services by ARCHERmodels to the Model/Actor. The Model/Actor understands that ARCHERmodels discloses all financial information regarding work the model has done for ARCHERmodels to the Inland Revenue on request as required by law.
5. Nothing herein contained shall give rise to a partnership between the Model/Actor and ARCHERmodels, nor the relationship of employee and employer.
PROMOTION & PUBLICITY
1. The Model/Actor undertakes to behave in a professional manner and to promote the Model/Actor’s name and reputation as well as the name of ARCHERmodels.
2. The Model/Actor recognises that all photographs relating to the Model/Actor and their inclusion in the books, websites and social media of ARCHERmodels are essential for ARCHERmodels while operating in the industry. The Model/Actor should obtain permission from the copyright holder of any photographs/material given to ARCHERmodels for publicity material to use these photographs/material for the purpose of publicising the Model/Actor and ARCHERmodels. ARCHERmodels shall be entitled to use any such material to promote or publicise its own business as well as that of the Model/Actor. If the Model/Actor ceases to use ARCHERmodels as the Model/Actor’s agency, ARCHERmodels shall be entitled to continue to publicise and make use of any material printed and produced before the Model/Actor ceased to use ARCHERmodels as the Model/Actor’s agency. ARCHERmodels cannot be held liable for any copyright infringements however caused. All images reproduced are taken in good faith from the Model/Actor.
LIABILITY
ARCHERmodels will not accept responsibility or liability for any losses, claims or proceedings incurred by a Model/Actor to either persons or property at any time while working, travelling to or from or in connection with any assignment. ARCHERmodels will not accept liability for any costs, claims or proceedings due to the cancellation of an assignment.
TERMINATION
ARCHERmodels may immediately terminate this Agreement at any time in the event of the following:
1. If ARCHERmodels reasonably considers that the conduct of the Model/Actor is not in keeping with the good and valuable reputation of ARCHERmodels.
2. If ARCHERmodels reasonably suspects that the Model/Actor has commenced negotiations with a Client.
3. If ARCHERmodels receives complaints about the Model/Actor’s behaviour.
4. If the Model/Actor fails to go to a confirmed booking in breach of this agreement.
5. If the Model/Actor is in breach of any other provision of this Agreement.
In the event of termination, both parties shall honour and the Model/Actor shall complete any confirmed assignments/contracts.
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SEXUAL HARASSMENT
ARCHERmodels will conduct a prompt, thorough and confidential investigation that ensures due process for all parties, whenever they receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. ARCHERmodels are required to report any complaint they receive, or harassment they observe to the relevant authorities.
GOVERNING LAW AND JURISDICTION
The validity construction and performance of this Agreement shall be governed by English Law. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, if such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.