Terms and Condition
TALENT CONTRACT – Non-Exclusive
Terms and Conditions
PLEASE NOTE – This is NOT an exclusive contract so you can go and sign with other agencies – we are NOT a modelling agency we are a TALENT agency and represent models, actors, dancers and extras (supporting artist)
You TALENT NAME of TALENT ADDRESS (“Talent / Artist”) hereby appoint CHOICE MODEL MANAGEMENT as a non- exclusive agent for your services as a model, dancer and supporting artist (“Services”) and you are hereby bound by our Terms and Conditions.
You are obliged to notify us of any restrictions from former assignments, to which you are subject, prior to our providing you with any work. If you do not so notify us, we are entitled to proceed on the basis that you are not subject to any such restrictions. In the event that you breach this condition, you may be liable to pay us compensation in relation to any consequential losses we sustain.
These Terms and Conditions shall govern certain aspects of our contractual relationship for the duration of this agreement (unless otherwise specified in these Terms and Conditions) and all assignments which CHOICE MODEL MANAGEMENT place for you.
All matters relating to the use of your image, any Services supplied by you and all fees shall be negotiated and agreed with any client only by CHOICE MODEL MANAGEMENT.
You are a self-employed person and have the sole responsibility to make all income tax, national insurance and any other statutory contributions in respect of your remuneration. You hereby acknowledge and agree that the fees paid to you in accordance with clause 2 below constitute the full and final consideration for the Services and shall also be deemed to include the remuneration payable to you under the terms of any relevant guild or trade union agreement, or similar organisation of which you may be a member and all other additional payments whatsoever required to be made in respect of the Services.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.
These Terms and Conditions and any non-contractual obligations arising out of these Terms and Conditions are governed by English law and any dispute will be settled in the English courts.
1 Entering into a legally binding contract
A contract between you and us (CMM) in accordance with these Terms and Conditions will come into being when you sign this agreement by agreeing to our Terms and Conditions online and when you join our agency.
2 Our commitment to you
2.1 Once we have both agreed to these Terms and Conditions (once a confirmation email has been sent to the talent), we will normally start attempting to secure as many assignments as possible for you straight away; however, we cannot guarantee any frequency or type of assignment.
2.2 We will notify you of all details of an assignment and the rates of pay at the time of booking, which we will then confirm in writing by email or otherwise (before the commencement of the assignment if practicable).
2.3 We will endeavour to pay you within one month of an assignment completed to the satisfaction of the client, or as soon as reasonably practical. We have the right to extend the payment period if circumstances arise beyond our control. We reserve the right not to pay you if we feel that an assignment has not been completed satisfactorily or you breach any provision of these terms. We will pay you by cheque posted to your home address as noted above, or as you may otherwise notify to us in writing from time to time, or by such mode of electronic transfer as we decide to such bank account as you notify to us.
2.4 Invoices for jobs undertaken through CHOICE MODEL MANAGEMENT must be received within 6 months of the job completion date. After 6 months from the job completion date any invoices received will not be paid out to you as your request for payment period will have
2.5 If you arrive 15 minutes or more late for an assignment and/or are otherwise unfit to work in any way, you may be sent home by the client and potentially receive no payment or expenses. Please see Clause 3.3.
2.6 We are not liable for nor will we pay you any holiday, sickness or maternity pay, or any pension entitlements.
2.7 We accept no responsibility beyond the agreed working hours or any overtime negotiated by us. If you are requested by the client (or his/her representative) to perform any overtime or other services not part of the agreed scope of the assignment, you must confirm with us beforehand, otherwise (without prejudice to the provisions of clause 2.3) we will not be liable to pay you such overtime or in relation to any non-scoped service.
2.8 We accept no liability for any items lost or damaged whilst you are on an assignment.
2.9 You hereby grant us (and our clients) an unlimited right to record images of you while you are on an assignment for the purposes of publicity and to use such images for our reasonable purposes. We have the right to forward any photographs of you to potential clients and to use such photographs to promote CHOICE MODEL MANAGEMENT, whether on our website or otherwise.
2.10 If any booking is postponed or cancelled, we will attempt to notify you immediately. It is your responsibility to ensure that you are always contactable by mobile phone. We will have no financial liability to you in respect of any cancellation.
2.11 The agency agrees to apply for a licence in accordance with the ‘Children and Young Persons Act 1963 -The Children (Performances) Regulations 1968’ providing that all the required and requested documentation is provided to the agency by the artist.
2.12 We will ensure that you are always treated with respect and professionalism by CHOICE MODEL MANAGEMENT and that we will always attempt to pay you good rates of pay compared to the marketplace.
2.13 We will fulfil and will continue to fulfil all of our obligations under applicable data protection legislation in respect of the management and processing of your personal data, and will not divulge the whole or any part of any personal data received by us to any person, except to the extent necessary for the proper performance of our obligations under this agreement or to comply with any legislation.
2.14 We will not be liable to you for any expenses, costs or losses howsoever arising, except as otherwise provided for in this agreement. In the event that a court finds us to be liable to you, our liability will be capped at the commission we receive in relation to the assignment giving rise to such liability.
3 Your commitment to us
3.1 You will conduct yourself in a professional and courteous manner at all times, and will be punctual and will familiarise yourself with all the details of each assignment and the relevant client before you arrive on location.
3.2 You will confirm to us as soon as possible when you have received details of an assignment.
3.3 You will notify us immediately if you are late for an assignment. We will be entitled to rely on the client’s confirmation of your time of arrival and will deduct from your pay, £10 for the first 15 minutes and an additional £5 for every 15 minutes thereafter.
3.4 You will at all times when on CHOICE MODEL MANAGEMENT business, appear well groomed looking your best with hair and make-up done, and nails, skin and body in optimum condition at all times.
3.5 The artist agrees that the agency has the right to terminate this agreement and its representation of the artist with immediate effect should the artist, or any person accompanying the artist, fail to behave in a professional and courteous manner at all times on assignment(s) or should an artist fail to attend a pre-arranged assignment(s) without notifying the agency.
3.6 The artist agrees that they are legally entitled to work in the United Kingdom when undertaking an assignment and understands that the agency will not actively promote an artist who has not provided the agency with acceptable photographic identification and National Insurance number or relevant work permit.
3.7 The artist agrees that the agency may, in the capacity of data controller (The Data Protection Act 1998) share the artist personal data with third parties, handle, hold and process data about the artist in order to process primary and residual payments as necessary and, in compliance with statutory requirements, report information to Her Majesty’s Revenue & Customs (HMRC).
3.8 On becoming an artist at CHOICE MODEL MANAGEMENT, the agreed fee will be payable joining the agency, this fee is not permitted/charged to artists on spotlight, a database for professional actors in the UK. The fee will cover the artist’s publication on our website, access to services such as promotional materials, personal career grooming, and out of pocket expenses including booking fees, photocopies, couriers and long distance telephone calls. This fee covers our administration costs and the cost of entry into the digital casting book. This fee will not need to be paid again. Please note: we are NOT a modelling agency,
we are a TALENT agency and entitled to charge an upfront free for marketing purposes. Please see – https://www.gov.uk/entertainment-and-modelling-agencies. You are not paying for us to find you work. This is to create a profile in the hope we can obtain work on your behalf. The payment is a ‘deposit’ and is ONLY refunded back to you on completion of your first job with CHOICE MODEL MANAGEMENT and NOT before.
3.9 If in any case a model’s contract is terminated on behalf of the agency, the admin fee will NOT be refunded under any circumstances.
3.10 Admin fee will be refunded back to you on completion of your first job and not before.
3.11 You have a 7 day cooling off period if you ‘change your mind’ and wish to terminate the
3.12 You will not be under the influence of alcohol or illegal drugs on any assignment. You will also not undertake any assignment whilst taking prescribed medication which may impair your ability to perform any such assignment satisfactorily, unless you have notified us in
advance about such medication prior to any assignment and we have agreed that you may undertake such assignment, accepting that we reserve the right not to use you on any assignment if we feel that your performance will be impaired by the side effects of such prescribed medication.
3.13 If due to sickness, you cannot attend an assignment, you will provide us with a Doctor’s Certificate or a self-certification form, as applicable, as soon as possible. If you do not, then we reserve the right not to find you any further work.
3.14 You will carry out all assignments to the best of your ability and in good humour.
3.15 You will comply with all reasonable and lawful requests made by the client or us.
3.16 You will notify us immediately of any changes to your appearance, your health or your contact details.
3.17 During the term of this agreement, you are able to work as a freelance artist and accept work/bookings from outside sources. As we hold a non-exclusive contract, this does mean you can sign to more than one agency.
3.18 You will do and say nothing which might harm our reputation, or bring us into disrepute with any of our clients or prospects.
3.19 You will give us feedback on every assignment the day after completion of the assignment.
3.20 You confirm that you understand that we take a 20% commission from fees charged to clients in relation to the Services and not from your remuneration, except in relation to Equity contracts.
4 Amendments to and termination of these Terms and Conditions
4.1 We will have the right to amend these Terms and Conditions from time to time, and we will give you 30 days’ prior notice (unless the contract is terminated before that period).
4.2 These Terms and Conditions may be terminated (except for the effect of clause 3.10) immediately by us in the event of any breach by you of any of these Terms and Conditions, or otherwise by one month’s written notice by us to you, or you to us. If you wish to terminate this agreement, please send a written notice to us at the address set out at Clause 4.2 above.
Agreed by both parties – END