Bizzykidz Agency Ltd client booking terms

All clients should read this carefully before booking a model

As required by department of employment regulations, Bizzykidz Agency Ltd booking confirmation containing the terms of the booking must be signed and returned by the client before the shoot date. Failure to do so may result in the cancellation of the artist. These terms are supplied to the client at the first point of contact to the agency and proceeding to work with the agency is in understanding of these terms.

Once an artist is introduced to a client by way of submission and/or casting/shoot, Bizzykidz are to act as agent to that artist regardless of any subsequent requirements for the artist to fulfill the said assignment. Likewise, any repeat jobs and correspondence regarding that artist is to be with Bizzykidz solely. It is understood that booking an artist from Bizzykidz is in acceptance of this understanding until otherwise agreed between client and Bizzykidz as agent.

 

 

1. TERMS & PRIVACY

As required by DTI regulations Bizzykidz Agency’s booking form containing the terms of the booking must be signed and returned by the client.

 

2. PERMITTED USE

All usage must be agreed in writing between agency and client prior to the model commencing services.

 

3. DAILY/HOUR RATE

Booking fees are charged by the day or by the hour, or on some other basis, for example, a set fee for a catwalk show.

 

4. OVERTIME

Over-time at the hourly rate applies to all bookings over 5 hours (for under 5 years) or over 7 hours (for 5 years and over).

 

5. TRAVEL

Travel is charged at half the hourly rate: this applies to travel outside the M25. Fuel is charged at 50p per mile.

 

6. FITTING FEES

Fitting fees are charged at half the hourly rate with a minimum 2-hour booking.

 

7. LOCATION BOOKINGS

When a location booking is made, a client must provide transport there and back or cover all travel expenses. If a model on location is prevented from returning to London to work, half the daily fee is to be paid. The day rate applies to all location bookings.

 

8a. ADDITIONAL FEES

To be agreed at the time of the booking or before any additional usage is published. The agent reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of the booking.

 

8b. USAGE

Additional fees are payable for the right to use the model's image (or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) for all known or anticipated purposes other than the initial permitted use. Filming assignment usage is calculated against the Basic Shoot Fee (BSF).

 

8c. TERRITORY

Additional fees are also payable for the right to use the model's image (or reproductions etc. As set out in 8b above) for all known or anticipated territories other than the as agreed.

 

8d. OTHER SERVICES

Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on an individual basis.

 

9a. STILL PHOTOGRAPHIC DISBURSEMENT 

Unless otherwise agreed at the time of booking the model disbursement is included at 70% and the agent's fee at 30% of the invoice total. Vat and any agreed expenses will be added where appropriate.

 

9b. TV, COMMERCIALS & FILM DISBURSEMENT

Unless otherwise agreed at the time of booking the model disbursement is included at 70% and the agents fee at 30% of the invoice total. Vat and agreed expenses will be added where appropriate.

 

10a. INVOICING

All bookings except Equity Contract TV Commercials, will be subject to a 20% booking fee on all shoot and usage fees. Both booking and model fees will be invoiced by the agency, unless otherwise agreed at the time of booking. VAT and any other agreed expenses will be added where appropriate. VAT exempt invoices will be subject to that VAT being deducted from the models earnings.

 

The agency reserve the right to charge the same fees as another agency, should a child from another agency be used for the same job as a child from Bizzykidz Agency.

 

10b. INVOICING

On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The agent reserves the right to invoice the 'ultimate client' [i.e. designer / manufacturer / owner of the product in question], for example this may be done if the client is booking on behalf of the ultimate client in which case the client and the ultimate client are jointly and severally liable to pay the invoice. All fees for usage are for the right to use the model's image and, once agreed, are payable whether or not the right is exercised. Unless the agent specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate prior to booking.

 

Invoices unpaid after 3 months are subject to a 5% interest fee.

 

11. EXCLUSION FEES

A special fee will be negotiated when the use of the model's image or the service to be supplied by a model in relation to a product is required on a basis which precludes supplying services or allowing the use of the model's image for competing products. A model can supply services to and allow use of the model's image by any competitor unless an exclusion fee is negotiated. It is the client's responsibility to check whether conflicting work has been done.

 

12. PROVISIONAL BOOKINGS

Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if a definite booking is offered and the provisional cannot be confirmed.

 

13. CANCELLATIONS

If a child is licensed and not confirmed for the shoot, a 2-hour minimum fee will apply at any time. If a booking is cancelled within one working day of the starting time the full booking fee will be charged unless the same model is booked within 24 hours in which case the half booking fee will be charged.

 

14. WEATHER PERMITTING BOOKINGS

At the first cancellation, half the booking fee is charged unless the client fails to cancel in time to prevent the model's attendance, when the full booking fee is payable. At the second cancellation, the full fee is charged.

 

15. MEALS

Clients are responsible for models' meals on all bookings outside the London area. However, we would expect children + chaperones to be provided with lunch if booked for the day.

 

16. FASHION SHOWS

Catwalk bookings give the right to make use of a model's services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material is 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.

 

17. MUSIC VIDEOS

All fees will be negotiated individually. Normally there will be a fee for the shoot plus a buyout. If not booking direct the record company will be invoiced as the ultimate client (see 10).

 

18. TEST & EXPERIMENTAL PHOTOGRAPHY

A photographer is not entitled to use test and / or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session. Tests are paid cash on the day at a rate of £50.

 

19. COPYRIGHT

The photographer and / or the client and anyone obtaining rights from or through the photographer / client is not entitled to use any images for any usage beyond that agreed or permitted under sections 2, 8, 16 and 18 above. The photographer / client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these Terms and Privacy (1-23) to the attention of the photographer and obtain his agreement to them before the shoot commences.

 

20a. INSURANCE

The client is responsible for the model's safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the model's health and safety as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the model.

 

20b. INSURANCE

The agent is not responsible if the model fails to attend a booking. The client is advised to insure against any losses which might be suffered if the model does not keep a booking because of ill health or some other reason. 

 

21a. CONTRACT

All matters relating to the use of the model's image, any other services supplied by the model and all fees must be negotiated and agreed only with the agent, Bizzykidz Agency. If the client or the photographer or any other person on their behalf or connected with them obtains the model's signature on any document (or parent/guardian’s signature on model’s behalf), or the model's purported verbal agreement to anything, this is not binding on the model or the agent unless and until it is agreed in writing by the agent.

 

21b. CONTRACT

These Terms and Privacy for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute.

 

22. COMPLAINTS

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

 

23. CHILD PERFORMANCE LICENCES

It is a legal requirement for client to license child models for every job they participate in. This applies to babies and all compulsory school age children. Length of time to process licences varies from 7-21 days dependant on which Council the application is made. Bizzykidz Agency can supply a licencing processing service to clients for £35 per application.

 

24. CHILD PROTECTION & RISK ASSESSMENTS

It is the client’s responsibility to ensure they are abiding at all times to Child Performance Regulations and have the appropriate risk assessments, child protection policies, and insurance in place. Please note as the supplier of services these Terms and Privacy take precedence over any Terms and Privacy which may be received from the client even if those Terms and Privacy have a clause similar to this. Photographs may not be used until all fees are paid in full. Whilst every endeavour is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for a model's conduct on any assignment.

25. JURISDICTION
These terms and conditions for booking and all other matters connected with the booking are governed by English law and and dispute will be settled in accordance with that law by a court in England. 

PLEASE NOTE THAT:

Whilst every endeavour is made to provide a satisfactory and efficient service to our clients, we cannot be held responsible for a models conduct on an assignment. 
We reserve the right to negotiate within the structure of these Terms & Conditions.

It is the clients responsibility to arrange insurance if indemnity is required against a models inability to attend through sickness or unforeseen circumstances.

It is not permitted for a client to use photographs, or footage for any use whatsoever until all fees are paid in full. Usage is to be paid to Bizzykidz for additional use for all footage, images and data which was achieved whilst the artist was registered with Bizzykidz, whatever the circumstances or time lapse involved (incl. the artist having left the agency, or represented by another). In the event an artist leaves the agency and cannot be contacted any fees paid to the agency in such circumstances will remain in a Client account for a period of 12-months, after which time will become the property of the agency.

It is not permitted for a client to have direct contact with an artist/parent without prior arrangement by the agency and in writing. Any arrangements made with, or contractual obligations agreed to, by the artist, with the client and without written agreement and/or knowledge of the agency, will not stand and Bizzykidz Agency accepts no culpability for such agreements.

As the supplier of services, these Terms & Conditions tkae precedence over any Terms & Conditions, which may be received from the client, even if those Terms & Conditions have a clause similar to this.