TERMS & CONDITIONS
MEDMODELSMALLORCA
This section sets out the terms and conditions pertaining to our modelling agency.
We believe that they compare favourably to other modelling agencies and would recommend all prospective clients, models, artists, animal owners/trainers to read them.
GENERAL TERMS:-
Terms & Conditions for Clients:-
1. All clients should read this carefully before booking a model/artist/animal as an acceptance of a booking by Medmodelsmallorca hereinafter called “The Agency” from a Client will deem that these terms and conditions are accepted whether or not a booking form has been completed and returned by the client.
2. As required by Law Medmodelsmallorca’s booking form containing the terms of the booking must be signed and returned by the Client. All bookings are binding under Spanish Law to both sides.
3. Bookings are only valid with written confirmation by both the Agency and Client. Options are binding reservations for a specific model/artist/animal at a specific time and place. The reservation will expire in the case where no definite booking has been received, in writing and acknowledged by Medmodelsmallorca two working days before the scheduled appointment. Saturday and Sunday are NOT working days.
4. As long as the model/artist/animal is represented by the Agency. All repeated booking fees are to be made through Medmodelsmallorca “the Agency” with appropriate fees.
5. The Client may not, in any circumstances contact the model(s), artist(s), animal(s) directly or indirectly through any third party thereby excluding the Agency.
6. DAILY/HOURLY/RATE:-
Booking fees are charged by the hour/half day/full day.
The minimum booking period is 2 hours.
Saturday and Sunday are NOT working days.
Working days end at 6.00pm – 18.00 hrs (Spanish time).
Half day bookings consist of 4 hours working time.
One day bookings consists of 8 hours working time, commencing at 9.00 am and finish at 6.00pm – 18.00 hrs to include 1 hour lunch break. Unless previously agreed in writing with the Agency.
7. HALF DAY BOOKINGS:-
A half day booking will incur at least 60% of the agreed full day model/artist/animal fee. Travel time shall be payable to the model/artist/animal’s owner/trainer only when agreed in writing with the Agency.
8. TRAVEL EXPENSES:-
On bookings longer than 1 day or when travel time shall exceed 2 hours, all accommodation, travel and food costs are the responsibility of the Client.
On a booking where less than 1 hour travel time is incurred, travel costs will not be compensated.
9. Regarding children’s bookings travel costs are always incurred regardless of time and distance travelled.
10. The working time of the model/artist/animal begins at the agreed time without exceptions. Preparation such as hair and make-up are always to be included in the working time. Travel expenses are paid per kilometre where the model(s) use their own transport to reach a location. For artists and animals with trainers or owners in specialised fields, please contact the Agency for more detailed information regarding rates and travel expenses.
11. OVERTIME:-
Overtime rates apply before 9.00 am and after 6.00 pm- 18.00 hrs and on bookings over 8 hours.
- The overtime rate is one and a half times the normal rate between 18.00 and 24.00 hrs.
- A special rate is negotiated for night work between 24.00 and 0900 hours.
- Work on Saturdays is one and a half times the normal rate.
- Work on Sundays and Official Festive/Bank Holidays is at double the normal rate.
12. LOCATION BOOKINGS:-
When a location booking is made the client must provide information about transport there and back.
13. ADDITIONAL FEES:-
To be agreed at the time of booking with the Agency.
14. USAGE:-
- Additional fees are payable for the right to use the photographs (or reproductions or adaptations of or drawings including electronic imaging) for all known or anticipated purposes other than the initial Permitted Use (e.g. packs, posters, show cards, record covers, swing tickets etc.). In general the additional fees cover the right to use one image for one year from the date when the full payment fee(s) are paid to the Agency and only for the purpose or purposes whether or not agreed appropriated.
Territory:-
- Additional fees are also payable for the right to use the photographs (or reproductions or adaptations of or drawings there from either complete or in part alone or in conjunction with any wording or drawings including electronic imaging), for all known or anticipated territories other than Spain. In general the additional fees cover the right to use one image for one year from the date when the full payment fee(s) are paid to the Agency and only in the territory or territories agreed.
15. To be agreed after the time of booking:-
Usage:-
- It is the Client’s responsibility to notify the Agency and negotiate additional fees (including extensions and existing agreements) for any usage which may be required or anticipated subsequent to the time of bookings as 14. (a) above.
Territory:-
- It is the Client’s responsibility to notify the Agency and negotiate additional
fees (including extensions and existing agreements) for any territory which may be required or anticipated subsequent to the time of bookings as 14. (b) above.
16. All fees for the right to use pictures/material etc., once agreed are payable irrespective of whether the pictures/material etc., are used or not.
17. (a) The Agency charges a supplement of 20% on all hourly, daily and usage fees.
(b) TV commercials. All fees are to be negotiated with the Agency.
(c) Both Agency fees and model/artist/animal fees will be invoiced by the Agency.
(d) Model/artist/animal fees will be at the normal daily rate plus “right of use” and
VAT (IVA) plus standard Agency fees.
- Artist/animal fees, are specialised fields and will be invoiced by the Agency.
- Daily rates will apply, plus the “right of use” and VAT (IVA) plus standard Agency fees. VAT (IVA) and any agreed expenses will be added where appropriate.
- TV Commercials etc, involving an agreed buy-out are to be negotiated with the Agency.
18. PAYMENT:-
Payment is due on presentation of all invoices. In all cases the person booking the model/artist/animal will be invoiced and solely responsible for payment unless otherwise agreed at the time of the booking.
We reserve the right to invoice the “Ultimate Client” (i.e. designer/manufacturer/owner of the product in question). No use of pictures is permitted unless and until all relevant fees have been paid.
19. EXCLUSIVITY:-
A special fee will be negotiated when the work is in conjunction with a produce which preludes works for competing products. It is the CLIENT’S responsibility to check whether conflicting work has been done. If a model/artist/animal advertises a produce he/she is able to work for any competitor unless an exclusion fee is negotiated.
20. INDEMNITY & INSURANCE:-
- the Client shall indemnify Medmodelsmallorca “The Agency” fully against all claims, proceedings, actions, damages, legal costs, expense and any other liabilities in respect of death or personal injury or loss of or damages to any property which is caused directly or indirectly by any act or omission of the Client.
- the Client shall effect and maintain with a reputable insurance company any
policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Client arising out of the Client’s performance of the contract in respect of death or personal injury or loss or damage to property.
- the Client shall produce to Medmodelsmallorca on request copies of all
insurance policies referred to in this condition or other evidence confirming the existence and extent of the cover given by those properties.
4) terms of any insurance or amount of cover shall not relieve the Client of any
liabilities under this agreement. It shall be the responsibility of the Client to
determine the amount of insurance cover that will adequately enable the Client
to satisfy any liability referred to in this condition.
21. WEATHER-PERMITTING BOOKINGS:-
The client must notify the Agency immediately at the first cancellation, a half fee is charged. The compensation fee for the cancellation is 50% of the agreed model/artist/animal fee plus standard agency fee. Unless the Client fails to cancel in time to prevent the model(s), artist(s), animal(s), attendance when the full fee is payable, plus standard Agency fee. At the second cancellation the full fee is charged plus standard Agency fee.
22. CANCELLATIONS:-
Saturday and Sunday and Official Festive/Bank Holidays are NOT working days.
All cancellations must be made in writing to Medmodelsmallorca three working days before the booking, without penalty. A booking can only be cancelled with good reason such as a medical emergency.
In the case where the model/artist/animal has to cancel the booking, the Agency will present suitable alternatives. If a cancellation is made during the three working days prior to the booking the model(s), artist(s), animal(s), plus the Agency fee (s) must be paid. Failure to pay the fees will be deemed as a breach of contract, subject to Spanish Law.
23. MODEL, ARTIST & ANIMAL FEES:-
The fees include the agreed daily rate, the payment “right of use” plus applicable VAT (IVA). Cancellation, up to one hour before the scheduled start time, the compensation fee is 50% of the agreed fee plus standard agency fee.
24. FASHION SHOWS:-
Payment of the agreed fee confers the right to make use of the model(s), artist(s), animal(s) services on the catwalk for the specified show and the right to use photographers and video of the show for “reporting purposes only”, unless specific arrangements have been made before the photographic session with the Agency.
25. VIDEOS:-
All fees will be invoiced to the record company. For all videos the normal daily rates apply plus a buy-out to be negotiated with the Agency.
26. FITTING FEES:-
To be negotiated with the Agency.
27. COMPENSATION & LIABILITY:-
In the case of any difficulties or problems of a serious nature involving the model(s), artist(s), animal(s) represented by the Agency the following procedures must apply:-
- The Agency must be informed immediately in writing detailing the specific complaints where appropriate, Polaroid photos should be taken and supplied to the Agency. In the case of dispute or difficulties of a serious nature, the model(s), artist(s), animal(s) owner(s) or trainer(s) should sign off immediately, the time noted, and released from the location. The Agency and the model(s), artist(s) are not responsible for make-up, hairstyling or styling issues. In case where the Client decides to continue working with the model(s), artist(s) animal(s) rights of liability are lost and the model(s), artist(s), animal(s) fee(s) plus Agency fee must be paid in full. Failure to do so will represent a breach of contract.
- In the case where the model(s), artist(s), animal(s) owner(s) or trainer(s) are late for a booking, for whatever reason, the model(s), artist(s) owner(s) or trainer(s) must work the agreed work period (half day, full day) from the time of their arrival. Overtime rates will not apply in this instance.
3. The Client is responsible for the health and safety of the model(s), artist(s),
animal(s) at all times and all appropriate insurances and animal licences must be
in order, according to standard EEC regulations.
In the case of higher risk work, the Agency must be notified at the time of booking and agreed in writing. The model(s), artist(s) animal(s) owner(s) or trainer(s) retain the right to refuse to work where they feel an unacceptable risk of personal injury.
In this case the Client is liable for 70% of the total fee plus Agency fees. Under no circumstances will the liability of the model(s), artist(s), animal(s) or the Agency exceed twice the agreed model(s), artist(s), animal(s) fee. Further rights subject to Spanish Law.
28. RIGHTS OF USE:-
Unless specific written agreement exists before the time of booking, standard terms and conditions will always apply. Upon receipt of payment in full the Agency grants the Client the right to use the material for one calendar year only in his country of origin and only for the agreed purpose, the agreed product and the agreed rights of use. The one year rights of use will commence from the date the material is first used. The maximum time after the booking before the one year “Rights of Use” period begins is two calendar months. In no case may any material be used or presented by the Client, or any intermediary until payment has been made to the Agency in full. In the case where material is used before payment has been made in full or material is used outside the agreed boundaries this will be deemed as a breach of contract.
Any other use of material such as posters, placards, packaging, displays, videos, etc, or the use of the model(s), artist(s), animal(s) name or image requires specific written approval from the Agency. The use of photographs and material on any website is strictly forbidden and needs the prior written consent from the Agency. The re-use of any material after the one year period requires prior written consent from the Agency. Failure to comply with these terms and conditions will be deemed a breach of contract. The rights of use are only granted once payment to the Agency has been received in full.
29. CONDITIONS OF PAYMENT:-
Payment in full must be received within 30 days from the date of the invoice. All payments must be received in Euros. All costs pertaining to the transfer of money, such as bank fees, currency exchange costs etc., are to be the responsibility of the Client.
30. CONCLUSIONS:-
In all cases, without exception, all dealings between Medmodelsmallorca “The Agency”, the model(s), artist(s), and animal(s) including any intermediaries are to be governed in accordance with Spanish Law. Any changes to the agreed terms and conditions must be reached in writing with the Agency. The model(s), artist(s),animal(s) owner(s) or trainer(s) do not have the right to change the agreed terms and conditions.
31. COPYRIGHT.
The photographer is not entitled to use any of the images he takes for any usage beyond that agreed under the sections above. The photographer to this extent agrees to restrict use of his copyright and if the model, artist, animal, agency, - client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.
32 . PLEASE NOTE.
As the supplier of these services these terms and conditions take precedence over any terms and conditions which may be received from the client even if those terms and conditions have a clause similar to this. The photographs may not be used until all fees are paid in full.
33 .TEST & EXPERIMENTAL PHOTOGRAPHY
The photographer is not entitled to use, test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session with Medmodelsmallorca.
34. FEES
All fees are to be negotiated only with Medmodelsmallorca hereinafter called “The Agency”. Whilst every endeavour is made to provide a satisfactory and efficient service to our client we cannot be held responsible for our model(s), artist(s), animal(s) conduct on an assignment. Medmodelsmallorca reserve the right to negotiate within the structure of these terms and conditions.
35. GENERAL TERMS:-
The following rules shall govern all contracts between the models/artists/animals represented by Medmodelsmallorca hereafter know as the Agency and their client or intermediaries.
Please note:-
1. Medmodelsmallorca cannot be held responsible for any costs as a result of lateness, for whatever reason of the model(s), artist(s), animal(s) in attending a booking.
2. Models, artists and animals introduced by us to a Client or his agent must be booked only through Medmodelsmallorca.
3. As the supplier of these services these terms and conditions take precedence over any terms and conditions which may be received from the Client, even if those terms and conditions have a clause similar to this.
PRIVATE POLICY – LIABILITY
Medmodelsmallorca hereinafter called “The Agency” is bound by law to protect your personal data and privacy. Any personal information you provide us is kept secure and confidential and used only for the purposes for which it is provided and will not be passed onto third party. On-line applications to our Agency by a menor under the age of 18 years will only be accepted by written prior consent of parents and/or guardian. Although we are constantly up-dating our website, Medmodelsmallorca cannot be held responsible for the accuracy or the content nor can the Agency be responsible or liable for any information, images, text, material etc found on any of our links to our partners websites.
Liability:-
All content, design and structures of Medmodelsmallorca’s web site are protected by copyright. All photographs, information and material etc on this site may not be published, broadcast, re-written or used commercially in any form except as maybe expressly permitted by Medmodelsmallorca hereinafter called “The Agency”.