CLIENT TERMS & CONDITIONS
Issued by GM Agency Limited (the “Agency”), registered in England and Wales, with its registered office at 9 Oxford Court, Bartle House, Greater Manchester, Manchester M2 3WQ, United Kingdom.
1. Acceptance of Terms
In accordance with Department of Employment regulations, the Client must sign and return the Booking Confirmation Contract issued by the Agency. Where the Client proceeds with a booking without signing and returning the Booking Confirmation Contract, the Client shall be deemed to have accepted these Terms and Conditions, which shall govern and form part of the agreement between the Agency and the Client. Any amendment or variation made by the Client to a Booking Confirmation Contract shall be valid only where expressly agreed in writing and countersigned by an authorised representative of the Agency. In the event of any conflict between these Terms and Conditions, the Booking Confirmation Contract, any Data Processing Agreement, or Privacy Policy, these Terms and Conditions shall prevail.
2. Booking Fees
2.1 Permitted Use
Unless otherwise agreed in writing, booking fees include the right to use one image for a period of twelve (12) months from the booking date within the United Kingdom for the agreed initial use.
2.2 Daily and Hourly Rates
Booking fees may be charged on either a daily or hourly basis, as agreed at the time of booking.
2.3 Overtime
Overtime rates apply:
Before 9:00am; After 6:00pm; and On bookings exceeding eight (8) hours. Hourly overtime rates will be agreed either before or after the booking. A separate rate will be negotiated for night work undertaken between 9:00pm and 9:00am.
2.4 Travel Expenses
Where applicable, travel expenses must be submitted to the Agency by email together with supporting receipts within seventy-two (72) hours of the booking date. Where expenses are not submitted within this period, the Agency shall not be obliged to invoice the Client for those expenses or reimburse the Talent. Travel will be reimbursed at cost or at the agreed mileage rate of £0.30 to £0.45 per mile.
2.5 Fittings
Fittings shall be charged at fifty percent (50%) of the applicable daily rate.
3. Additional Fees
3.1 Usage Agreed at the Time of Booking
The booking fee for photography bookings includes the following usage rights for twelve (12) months in the United Kingdom for a single client only:
Website content; Email marketing; Social media;
Brochures;
Press publications;
Leaflets; and
Editorial use.
Any other use requires a separate agreement and may incur additional fees.
Clients must ensure that end clients are informed of and comply with the Agency’s usage terms.
3.2 Additional Usage After Booking
The Client is responsible for notifying the Agency and negotiating any additional fees relating to: Extended usage periods;
Additional territories;
Additional media; or
Any other use beyond the original agreed scope.
4. Agency Fees
4.1 Standard Bookings
For all bookings other than Equity Contract TV Commercials:
The Agency shall invoice both agency fees and talent fees. VAT and approved expenses will be added where applicable.
Any flights, accommodation, rail travel, parking, or similar expenses arranged by the Agency will be subject to a 12.5% administration uplift.
4.2 Equity Contract TV Commercials
For Equity
Contract TV Commercials:
The negotiated fee represents the Artist’s fee. Agency commission of 20% to 33% of the invoice value will be deducted, depending on the booking. VAT and agreed expenses will be added where applicable. Artists are responsible for their own tax and National Insurance obligations.
4.3 Payment Terms
All invoices are payable within thirty (30) days of the invoice date.
Unless otherwise agreed, the company making the booking shall be solely responsible for payment. The Agency reserves the right to invoice the ultimate client directly where appropriate.
All agreed fees remain payable whether or not the content is ultimately used.
4.4 Exclusion Fees
Where a booking restricts the Talent from working with competing brands or products, an additional exclusion fee may be negotiated. The Client is responsible for checking any potential conflicts before booking.
Usage rights granted under these Terms are conditional upon full payment of all fees before first use of any image.
5. Provisional Bookings
Provisional bookings will automatically lapse if:
They are not confirmed within twenty-four (24) hours; or A confirmed booking opportunity arises and the provisional booking cannot be immediately confirmed.
6. Cancellations
6.1 Standard Cancellations
If a booking is cancelled:
Within one working day of the start time, the full fee is payable.
If the same Talent is rebooked within twenty-four (24) hours, only fifty percent (50%) of the fee shall be payable. Between one and two working days before the booking, fifty percent (50%) of the fee shall be payable.
For bookings of more than three days, cancellation within a period equal to the booking duration will incur the full fee. Saturdays, Sundays and Bank Holidays are excluded when calculating notice periods.
This cancellation arrangement is reciprocal between the Client and the Talent.
Cancellation charges shall not apply where cancellation is caused by illness or circumstances beyond the Talent’s reasonable control and appropriate evidence is provided.
6.2 Weather-Permitting Bookings
First cancellation: 50% fee payable. If cancellation occurs too late to prevent attendance, the full fee is payable. Second cancellation: full fee payable.
7. Meals and Welfare
The Client shall provide appropriate meals and refreshments for all Talent during bookings, taking into account any dietary requirements communicated in advance.
8. Talent Care and Safety
The Client shall ensure that all Talent are treated with dignity, respect and professionalism.
Nude, semi-nude, transparent clothing, swimwear, or lingerie photography requires the Agency’s prior written approval. Talent images must not be used in any manner that is:
Scandalous;
Pornographic;
Derogatory;
Misleading; or
Likely to cause embarrassment or ridicule.
The Client is responsible for:
Providing a safe working environment;
Ensuring compliance with all applicable health and safety laws; Allowing reasonable rest breaks;
Ensuring all personnel act professionally;
Preventing exposure to unsafe, degrading, or inappropriate situations; Providing suitable private changing facilities; and
Complying with applicable industry codes of conduct. Where credits are used, they should appear as:
“Talent Name” @ “GM Agency”
9. Fashion Shows
Payment of the agreed fee grants the right to use the Talent’s services on the catwalk and to use photography or video footage solely for reporting and publicity purposes relating to the event. Any additional use must be separately negotiated.
10. Video Productions
All fees relating to video productions shall be invoiced to the production company. Standard day rates apply together with any negotiated buyout fee.
11. Test and Experimental Work
Test photography, experimental photography, and test commercial footage may not be used commercially unless prior written agreement has been obtained from the Agency.
12. Copyright and Image Use
Photographers and other content creators may only use images within the scope of rights agreed under these Terms. Where the Client engages a photographer, the Client shall ensure that the photographer is informed of and agrees to these Terms before the shoot begins.
13. Complaints
Any complaint must be raised as soon as it arises. Complaints submitted retrospectively may not be considered.
14. Insurance
The Client is responsible for the Talent’s health, safety, and welfare while travelling to or performing services in connection with the booking. The Client shall maintain adequate insurance cover to support these obligations. The Agency is not liable if Talent are unable to attend as a result of illness or circumstances beyond their control. Clients are advised to obtain appropriate insurance against such risks.
15. Governing Law and Jurisdiction
These Terms and Conditions and any dispute arising from them shall be governed by the laws of England and Wales. Page 5 The courts of England and Wales shall have exclusive jurisdiction.
16. General Provisions
The Agency reserves the right to charge interest on overdue payments. Photographs or other content may not be used until all fees have been paid in full. All fee negotiations must be conducted through GM Agency Limited. The Agency cannot be held responsible for the conduct of Talent during an assignment. The Agency reserves the right to negotiate individual arrangements within the framework of these Terms and Conditions. These Terms and Conditions take precedence over any terms supplied by the Client, regardless of whether the Client’s terms contain a similar precedence provision.