(“TERMS OF BOOKING”)
All clients should read these Terms of Booking very carefully before booking the Artist through Capital Casting as Bookings through Capital Casting are subject to these terms of Booking.
1. Acceptance of Terms and Conditions:
As required by the Regulations, Capital Casting Booking Form must be signed and returned by the Client. For the avoidance of doubt, the Client’s continuing instructions in relation to any Booking will amount to the Client’s acceptance of these Terms of Booking.
Any amendment and/or variations made to the Booking Form shall not be valid and binding unless an authorized representative of Capital Casting has agreed to such amendment and/or variation in advance and confirmed such agreement in writing on the Booking Form with the amended Booking Form then being signed by Capital Casting and the Client.
2. Definitions:
2.1 The following definitions and rules of interpretation in this clause apply in this agreement:
‘Additional Usage’ means any further usage (in addition to the Permitted Use) granted (in consideration of extra payment to be negotiated between the Client and Capital Casting to the Client, to use the Artist’s image or reproductions, or adaptations thereof for a purpose, territory and/or time limit to be negotiated and agreed between Capital Casting and the Client.
’Booking’ means any services requested of the Artist by a Client in connection with any form of advertising, entertainment, leisure, marketing, public relations activities, acting, television or indeed any other medium of work that it is proposed that the Artist undertakes for any Client through Capital Casting in consideration the Booking Fee.
‘Booking Fee’ means the amount quoted or charged inclusive of the Commission (but exclusive of the Client Supplement) to the Client for any Booking undertaken or to be undertaken by the Artist through Capital Casting. NOT REGISTRATION/LICENCE FEE.
‘Booking Form’ means the form forwarded to the Client by Capital Casting in relation to any Booking which contains the specific terms of each Booking.
‘Event’ means any casting, recall, fitting or rehearsal which may from time to time take place.
’Client’ means any third party individual, partnership, company or other organisation or entity which contracts with Capital Casting in accordance with these Terms of Booking with a view to procuring the services of the Artist in respect of an Booking.
‘Client Supplement’ means a supplement of 20% which will be added to the Booking Fee and invoiced to the Client in accordance with clause 6.2.
‘Commission’ means the percentage of the Booking Fee retained by Capital Casting.
’Fees’ means the sums charged to the Client in respect of any Booking undertaken by the Artist through Capital Casting.
‘Normal Rates’ means the normal hourly, half day and full day rates (exclusive of any additional monies charged by
Capital Casting in consideration of the Permitted Use or Additional Use) charged by Capital Casting for each Booking. These rates are available on request.
‘Permitted Use’ means the agreed right granted to the Client to use the Artist’s image or reproductions, or adaptations thereof for the purpose, territory and time limit agreed and confirmed by Capital Casting on the Booking Form.
’Regulations’ means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended.
’the Artist’ means any individual who is from time to time contracted to perform Bookings for Clients through CAPITAL CASTINGS, to include, without limitation models, extras, actors, promotional staff and presenters.
‘the Artist Fee’ means the Booking Fee less the Commission.
‘Capital Casting’ means the model/ Artist agency trading as Capital Castings
'Ultimate Client' means the designer, manufacturer or owner of any product where the Client is, for example, an advertising or public relations agency or production agency who books the Artist through Capital Casting under a contract or agreement between the Client and the Ultimate Client or on behalf of the Ultimate Client.
2. References to clauses and schedules are to the clauses of and schedules to this agreement.
2. Headings are for convenience only and shall be ignored in interpreting this agreement.
3. Prevailing Terms of Booking:
3.1 The Client acknowledges, accepts and agrees that Capital Casting is the supplier of services which shall be strictly and exclusively governed by these Terms of Booking and that these Terms of Booking supersede and prevail over any other terms of the Client or their associates and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the Client whether in the Booking Form or in any negotiations and any course of dealing established between the Capital Casting and the Client.
3.2 The Client acknowledges that there are no representations, statements or promises made or given by or on behalf of Capital Casting outside these Terms of Booking which have induced the Client to agree to these Terms of Booking (which expression shall include any contract of which these terms and conditions form part).
3. If there is any conflict between the Terms of Booking and the Booking Form then the terms of the Terms of Booking shall prevail without detriment to the remaining unaffected terms of the Booking Form.
4. Booking fees:
4.1 Booking Fees are agreed on the information provided by the Client regarding Permitted Use and duration of Booking. Booking Fees are the Permitted Use only. Any Additional Usage must be negotiated with Capital Casting.
4.2 Booking Fees will be calculated by Capital Casting and agreed with the Client in advance of any Booking. Booking Fees are calculated based on the Normal Rates plus (if applicable) any payment required, negotiated and agreed in consideration of the extent of the Permitted Use. Details of how the Booking Fee is to be calculated will be agreed between Capital Casting and the Client prior to a Booking and set out in the Booking Form.
4.3 Overtime rates apply on all Bookings in excess of any 8 hour period. Overtime/special rates also apply to Bookings outside of the hours of 09:00 and 18:00. Overtime/special rates will be charged to the Client as follows:
1. One and a half times the Normal Rates between 1800 and 2400;
2. Double the Normal Rates on Sundays and bank and public holidays;
3. One and a half times the Normal Rates on Saturdays between 09:00 and 24:00; and
4. A special rate will be negotiated between Capital Casting and the Client for night work between 2400 hours and 0900 hours.
3. Any time spent by the Artist travelling to or from a Client's venue will be charged at half the Normal Rate. Such travel expenses and travel time will only be charged by Capital Casting in relation to Bookings outside the M25 region in London.
3. Any time spent by the Artist for fittings in preparation of a Booking will be charged at half the Normal Rate subject to a minimum charge to the Client of £50 per hour.
3. All expenses incurred by Capital Casting on the Client’s behalf will be charged to the Client and will include an uplift of 12.5% of the total amount of the expenses.
3. When a Booking is made that is to occur on location (for the avoidance of doubt, this is any location in the world outside of the M25 area of London), a Client must provide information in regards to transport for the Artist, both to the booking location and back again. If the Artist is delayed from returning to London to work due to a location Booking running over the time booked or due to travel delays (even where such delays are outside of the Client’s control) half the Normal Rate will be charged to the Client daily and will be payable by the Client.
3. Capital Casting hereby reserves the right to charge a Client at the same rate as any other agency where, after the Booking Fees have been agreed between Capital Casting and the Client, Capital Casting becomes aware that Artist or models from another agency are working on the same Booking and providing the same services as Artist from Capital Casting for a fee in excess of the Booking Fee.
5. Additional Usage Fees:
5.1 Additional Usage fees must be negotiated and agreed with Capital Casting prior to the Client using the images or footage of the Artist for anything other than the Permitted Use.
5.2 The Client shall pay Additional Usage fees for any Additional Usage. Such fees are to be negotiated and agreed with Capital Casting in relation to any Booking that the Client has booked through Capital Casting.
5.3 It is the Client’s responsibility to notify Capital Casting of any proposed Additional Usage and negotiate and agree Additional Usage fees (including extensions of existing agreements) for any usage (outside of the Permitted Use) which may be required or anticipated subsequent to the time of agreeing the Booking. In the event that Capital Casting is not notified of the Additional Usage by the Client and Capital Casting subsequently becomes aware of the Additional Usage, Capital Casting reserves the right to invoice the Client, the amount that Capital Casting, at Capital Casting's sole discretion, deems reasonable and appropriate for the Additional Usage.
6. Capital Casting Fee
6.1 For the avoidance of doubt, all Booking Fees charged for the right to use images, once agreed, are payable by the Client irrespective of whether such images are subsequently used.
2. Capital Casting charges a Client Supplement on all Bookings (excluding equity contracts and equity contract TV commercials) and Fees, including without limitation: Normal Rates, overtime and special rates, Additional Usage fees and all fees for the right to use the Artists image for the Permitted Use and any other fees negotiated for any other service to be supplied by the Artist including (in relation to TV Commercials) both the shoot fee and the buyout fee.
2. The charges set out in 6.2 above will not apply in relation to BBC and Equity contracts and Equity Contract TV Commercials.
2. In relation to Equity contracts and Equity Contract TV commercials only, no Client Supplement will be charged.
2. All Booking Fees relating to music videos will be negotiated between Capital Casting and the Client on a Booking by Booking basis. Capital Casting expressly reserves the right to invoice the record company in accordance with clause 10.3. For all music videos the Normal Rates will apply plus any buy-out which may be negotiated and agreed.
2. All Booking Fees relating to fashion shows will confer the right to make use of an Artist’s services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be disclosed and an Additional Usage fee negotiated and agreed with Capital Casting.
2. Any agreed expenses, VAT and any other similar or equivalent taxes or duties shall be added where appropriate to any sums payable under these Terms of Booking and shall be payable in full without set off by the Client.
7. Provisional bookings:
Provisional bookings are permitted by Capital Casting to permit the Client to reserve the Artist. Such provisional bookings are permitted on the terms agreed with Capital Casting at the time of placing the reserve on the Artist. Provisional bookings will be automatically cancelled if they are not confirmed by the Client within 24 hours of the proposed booking.
8. Cancellations
8.1 Where a Booking is cancelled by the Client within a 24 hour period of the start time for the Booking, the full Booking Fee will be charged and payable to Capital Casting by the Client unless the same Artist is re booked within 24 hours of cancellation (in which case only half the booking fee will be charged and payable by the Client).
8.2 Where a Booking is cancelled by the Client outside of the 24 hour limit detailed in clause 7.1 above but within 48 hours of the start time of the Booking then half the Booking Fee will be charged and payable by the Client.
8.3 Where a Booking of more than three day’s duration is cancelled by the Client within a period equal to the length of the Booking, then the full Booking Fee will be charged by Capital Casting and payable by the Client.
8.4 Where a Booking is cancelled by Capital Casting. Capital Casting shall use reasonable endeavors to provide the Client with reasonable notice, take steps to offer a suitable Artist replacement and take any other steps which can reasonably be taken by Capital Casting to assist the Client. Notwithstanding this, Capital Casting shall be entitled to cancel a booking at any time and for any reason prior to the date of the Booking without liability to the Client.
8.5 Weather related cancellations will be charged as follows:
8.5.1 On the first occasion, half the Booking Fee will charged and payable by the Client, unless the Client fails to cancel in time to prevent the Artist’s attendance in which case the full booking fee is charged and payable to Capital Casting by the Client.
8.5.2 On the second occasion (and any subsequent cancellations thereafter), the full Booking Fee is charged and payable to Capital Casting by the Client.
9. Meals:
Clients are responsible for the provision of all meals and beverage requirements of the Artist (taking into account dietary requirements) whilst the Artist is providing services to the Client.
10. Invoices
10.1 Both the Booking Fee and (where applicable) the Client Supplement will be invoiced by Capital Casting.
10.2 Unless otherwise agreed at the time of Booking (and confirmed on the Booking Form), the invoice will include the Artist disbursement at 66.6% and Capital Casting’s disbursement (which is to include the Client Supplement) at 33.3% of the invoice total (except in relation to Equity contracts and Equity contract TV commercials). In relation to Equity contracts and Equity contract TV commercials only the invoice will include the Artist disbursement at 80% and Capital Casting's disbursement at 20%.
10.2 Payment of invoices is required to be made by the Client to Capital Casting within 30 days of the date of the invoice. In all cases, the person booking the Artist is the Client (who will be invoiced and is solely responsible for payment) unless otherwise agreed in writing at the time of agreeing the booking with Capital Casting.
10.3 Capital Casting reserves the right, at Capital Casting ’s discretion, to invoice the Ultimate Client. The Client and the Ultimate Client are jointly and severally liable to pay all of the Booking Fee and (where applicable) Client Supplement and settle the invoice accordingly.
10.4 All fees for the Permitted Use are for the right to use the Artist’s image and, once agreed, are payable whether or not such right is exercised.
10.5 Unless Capital Casting specifically agrees otherwise, in writing (such writing not to include e mail), no Permitted Use of the Artist's image is permitted until payment of the Booking Fee and (where applicable) Client Supplement is made in full.
10. Capital Casting reserves the right to alter payment terms if, at Capital Casting's discretion, it is deemed appropriate.
10.7 If the Client fails to pay the Booking Fee and (where applicable) Client Supplement and any other amount which is payable to Capital Casting in full on the due date, without prejudice to any other right or remedy of Talent-Direct, the amount outstanding shall bear interest both before and after any judgment at five per cent per year over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.
11. Exclusivity:
11.1 The Artist is supplied to the Client by Capital Casting on a non-exclusive basis and the Artist shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the Client.
11.2 An additional fee will be negotiated and charged when the use of the Artist’s image or the service to be supplied by a Artist in relation to a product is required on an exclusive or semi-exclusive basis and precludes supplying services or allowing the use of the Artist's image for competing or a particular sector of products or within a particular territory. It is the Client's responsibility to carry out any research and check whether the Artist supplied has undertaken or is booked to undertake any conflicting work.
Capital Casting, as a non-exclusive agent, is unable to warrant that the Artist has not undertaken (nor is booked to undertake) any conflicting work.
12. Test and experimental photography:
12.1 A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
12.2 A photographer who shoots Artist booked through Capital Casting for test and/or experimental photography must not request that such Artist sign any release documentation or form.
12.3 All usage of any test or experimental photography must be fully disclosed to Capital Casting prior to such photography taking place. The photographer/Client is not entitled to use any of the images he/she takes for purposes other than the Permitted Use. The photographer/Client agrees to restrict use of his copyright and, if the Client is not a photographer, the Client warrants that the Client will draw these Terms and Conditions to the attention of any photographer and procure his agreement to the Terms of Booking before the shoot commences.
13. Complaints:
Any cause for complaint should be reported to Capital Casting as and when it arises. Complaints cannot be considered, or indeed remedied, in retrospect.
14. Artist care and safety:
14.1 The Client shall ensure that the Artist is treated with respect and professionalism. The Client warrants that it will ensure that the safety, health and well being of the Artist is protected and maintained at any Booking:
1. ensuring that the location or venue for the Booking is safe and secure and that all applicable health and safety standards, regulations, codes and laws are observed and adhered to;
2. ensuring the Artist takes regular rest periods on the Booking;
3. providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the Artist both oat the Booking and travelling to and from the venue or location of the Booking;
4. ensuring that all of the people and organisations which are engaged by the Client in relation to the Booking are suitably qualified, experienced and professional;
5. ensuring that no one imposes upon the Artist any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Artist;
6. providing the Artist with an appropriate changing and dressing area to ensure that the Artist can prepare for the Booking.
15 . Artist Credits:
Always include a credit as "Artist's name" @ " Capital Casting”, wherever a credit is applied.
16. Client Warranties:
The Client warrants and represents to Capital Casting that:
1. the Booking Form is executed by an authorized representative of the Client;
2. the Client will take all steps necessary to ensure that the Artist is protected and treated in a professional manner and in accordance with all applicable laws, good industry practice and clause 14 above;
3. the Client is able to and has all necessary permits, licences and consents to enter into and to perform its obligations under these Terms of Booking and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments;
4. The Client will promptly disclose to Capital Casting in writing all necessary information (including without limitation the location of the Booking and length of the Booking and requirements for any foreign travel) and details relating to the provision of the services to enable Capital Casting to ensure that the Artist is suitably prepared and able to perform the Booking.
17. Intellectual property rights:
17.1 The photographer/ Client (and anyone obtaining rights from or through the photographer/Client) is not entitled to use any images for any usage beyond the Permitted Use (unless Additional Usage is agreed with Capital Casting . The Client will procure that the photographer/Client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the Client is not the photographer, the Client is to draw the Terms of Booking to the attention of the photographer and procure that such photographer agrees to be bound by the Terms of Booking.
17.2 All rights not expressly granted to the Client under these Terms of Booking are hereby reserved to Capital Casting and/or the Artist as appropriate. In particular, the Client acknowledges and agrees that Capital Casting is the owner or licence holder of all commercial rights, image rights and intellectual property rights relating to the Artist and Capital Casting and the Client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Artist or Capital Casting, other than the rights specifically granted to the Client under these terms and conditions.
18. Contract:
18.1 All negotiations relating to the Permitted Use, Additional Usage, Booking Fees and any other services supplied by the Artist, must be negotiated and agreed with the Capital Casting.
18.2 Any agreement made directly with the Artist relating to the use of the Artist’s image, or any other services supplied by the Artist, including all fees between the photographer/Client will be invalid. If the Client/photographer or any other person on their behalf or connected with them obtains the Artist’s signature on any document or the Artist’s supported verbal agreement to anything, that is not binding on the Artist nor Capital Casting unless and until it is agreed in writing (such writing not to include email) by Capital Casting.
19. Liability and insurance:
19.1 It is the Client's responsibility to arrange insurance if indemnity is required against the Artist’s inability to attend through sickness or unforeseen circumstances. The Client warrants that it will procure the necessary insurance cover to protect against any cancellation by Capital Casting and/or the Artist Capital Casting represents. Such cover is also to insure against and any associated liability.
19.2 It is the Client's responsibility to ensure the mode's safety when the Artist is providing services in connection with the booking.
19.3 The Client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are professional, properly qualified and insured. The client is responsible for the safety of the Artist. . The Client will maintain adequate insurance to underwrite its obligation to the Artist.
4. Capital Casting shall not be liable for
1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
2. product recall costs;
3. failure by the Artist to attend a booking for whatever reason;
4. and damage whatsoever to the Client's reputation;
5. consequential, special or indirect loss or damage;
even where Capital Casting has been advised or forewarned of the possibility of such loss or damage.
20. General:
20.1 No variation to these Terms of Booking shall be binding unless agreed in writing (such writing not to include e mail) between an authorized representative of Talent-Direct and the Client.
20.2 Any representations made by Capital Casting or any of its employees, sub-contractors or agents concerning the business of Capital Casting , its Clients or any Booking shall not be incorporated into these Terms of Booking unless confirmed by Capital Casting in writing (such writing not to include e mail).
20.3 The Client hereby confirms that he/she is not relying upon any representation and even if so, the Artist hereby waives any claim for breach of any such representation unless evidenced in writing as referred to in 20.2 above.
20.4 If any clause or provision or term of these terms of Booking shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms of Booking will not be affected and shall remain in force.
20.5 Any notice or other communication made by the Client to Capital Casting shall be in writing (not to include email) and delivered by hand, post or facsimile to Capital Casting’s registered office.
20.6 Nothing in this Terms of Booking shall be construed as constituting a partnership or joint venture between the parties.
20.7 No waiver by either party of any breach of these Terms of Booking shall be considered as a waiver of any other breach of the same or any other provision.
20.8 These Terms of Booking and any dispute or claim arising out of or in accordance with these Terms of Booking or the subject matter of the Terms of Booking or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Booking or its subject matter or formation (including non-contractual disputes or claims).