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10 MGMT TERMS AND CONDITIONS
- 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.
- 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.
- 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.
- 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: BILLING ADDRESS: CITY/STATE/ZIP: SECURITY CODE: SIGNATURE:
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.
- 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.
- 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
- 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.
- 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.
- AGENCY FEE – Unless otherwise agreed upon, all invoices incur 20% agency fee.
- BANKRUPTCY – Client agrees that they
are not currently in any bankruptcy proceedings and are financially able
to pay outstanding invoices.
- 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.