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10 MGMT TERMS AND CONDITIONS
1) AGREEMENT – This agreement between the undersigned agency acting on behalf of the Talent (hereafter “Agency”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate or agreement, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
2) ESTIMATES/BIDS – The fees quoted by the Agency are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Any accompanying quote is a good faith estimate of the time and expenses the Agency anticipates. The Client understands and agrees that the Agency will bill for actual time and expenses incurred, which may be greater than that which was quoted. Estimates are valid for 30 days unless signed by both parties.
3) DEFINITIONS – “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as a newspaper, magazine, billboard, or web site. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster or web site, and whose audience is employees, customers, shareholders, or the general public. “Personal Display” use is when a photographic print is hung in a home or office and will not be seen by the general public. “Commercial Display” use is when a photograph is hung in a public place.
4) PAYMENT – 50% deposit may be required upon confirmation to begin work. Clients shall provide Agency with a credit card on file to charge first booking. Agency will charge Client credit card for any invoices past due after 30 days. Client shall make final payment within 30 days of invoice. Late payments will be billed a 2% month interest per each 30 days unpaid. Usage of image prior to full payment will constitute copyright infringement. Credit card payments incur 4% surcharge. Agency may, at its option, retain the services of collection firms and attorneys to recover past due balances. Client agrees to be responsible for all court costs and collection fees and attorney fees to recover any past due amounts.
Please provide a credit card here along with copy of ID and Card to be placed on file:
NAME ON CARD:
5) USAGE – If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Agency and pay an additional fee to be agreed upon. Photo releases must be signed by Agency prior to any Talent on set arrival.
6) ON SET TIME – All bookings are at a 2-hour minimum. Half day is 4-hour day; Full day is 8-hour day, unless otherwise agreed by agency. Overtime is 1.5 hourly + 20% agency fee per hour after booking. Client agrees to provide professional setting to all Talent at all times. This includes private changing area. Swimsuits, lingerie incur 1.5 hourly + 20% agency fee and must be known prior to on set arrival.
7) CANCELLATIONS, POSTPONEMENTS – In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Agency/Talent up to the time of cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, Client shall pay 100% of the anticipated talent fee + 20% agency fee. If less than 4 business days, 50% of talent fees + 20% agency fee will be invoiced to client.
8) INDEMNIFICATION – Client herby indemnifies and holds the Agency/Model harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from this agreement.
9) TEAR SHEETS – Client will provide Agency with two entire copies of (or a PDF of) any publication that photos appear in (except in the case of Publicity Use) upon publication.
10) AGENCY FEE – Unless otherwise agreed upon, all invoices incur 20% agency fee.
11) BANKRUPTCY – Client agrees that they are not currently in any bankruptcy proceedings and are financially able to pay outstanding invoices.
12) GOVERNING LAW – This agreement shall be governed by and construed according to the laws of the United states and the State of Illinois as applicable to agreements in and to be wholly performed within such state. The venue for any such action arising out of this Agreement shall be in Chicago, IL.