Terms & Conditions

As required by Department of Employment regulations, Faux Face Model’s booking form containing the terms & conditions of the booking must be signed and returned by the client.

1. BOOKING FEES

(a) Permitted use

In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial permitted use.  Any further usage including picture syndication to be negotiated and agreed in advance with Faux Face Models.

(b) Daily/hourly rate

Booking fees are charged by the day or by the hour, or by unusual working conditions.

(c) Overtime

Overtime rates apply before 9am and after 6pm on all bookings over 8 hours.  (a) work on Saturdays and between 6pm and midnight on normal working days is at one and a half times the normal rate.  (b) a special rate is negotiated for night work between midnight and 9am.  (c) work on Sundays and bank holidays is at double the normal rate.

(d) Travel

Travel will be charged at by half the hourly rate.  This applies to travel outside a 5-mile radius of Hyde Park corner (i.e. Chiswick in the West, Golders Green & Highgate Village in the North, Mile End in the East, and Streatham Hill and Tooting Bec in the South).

(e) Fitting fees

Fitting fees are charged at half the hourly rate with a minimum of £45 per hour.

(f) Location bookings

When a location booking is made, a client must provide transport there and back unless agreed otherwise.  If a model on location is prevented from returning to London to work, half the daily fee is to be paid.

(g) Invoicing

In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking.  On all invoices payment required within 30 days of date of invoice.  All fees are to be negotiated only with Faux Face Models.  The model’s image may not be used until all fees are paid in full.  Faux Face Models reserves the right to alter payment terms if it deems appropriate prior to booking.

(h) Provisional bookings

Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.

2. ADDITIONAL FEES (to be agreed at the time of booking or before any additional usage.  Faux Face Models reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of the booking)

(a) Usage

Additional fees are payable for the right to use the model’s image (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated purposes other than the initial permitted use (e.g. packs, posters, showcards, record covers, swing tickets, etc).  In general, additional fees cover the right to use one image for year from the date of the booking, in the UK alone, for the purpose or purposes agreed.  Under no circumstances will each usage fee be less than the model’s advertising day rate.

(b) Expiration

On occasion of expiration, there is option to express permission for extension to re-use images.

(c) Territory

Additional fees are also payable for the right to use the model’s image (or reproductions etc as in (a) above) for all known or anticipated territories other than the UK.  In general, the additional fees cover the right to use the one image for one year from the date of the booking, in the territory or territories agreed.  Under no circumstances will each usage fee be less than the model’s advertising day rate.

(d) Other services

Additional fees are also payable for other services to be supplied by the models, for example, personal appearances for pr purposes.  Fees for such services will be negotiated on an individual basis.

(e) Confidentiality

The client shall procure that all persons attending a photographic or promotional event in any capacity whatsoever, will keep confidential all private sensitive information disclosed to them by any means during or as a result of their attendance at the session.

(f) Fashion shows

Fashion show bookings give the right to make use of a model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc.  As set out in 2 (a)) above is for reporting purposes only.  The client is responsible for ensuring that all photographers present are aware of this condition and abides by it.  If any other usage is required that must be negotiated at the time of the booking.

(g) Music videos

All fees will be negotiated individually.  Normally there will be a fee for the shoot plus a buyout.

(h)Test and experimental photography

A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.

(i) Copyright

The photographer and/or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any usage beyond that agreed or permitted under sections 1(a), 2 (a), 2(c), 2 (d), 2(f), 2(h) above.  The photographer/client to this extent agrees to restrict use and exploitation of the copyright.  If the client is not the photographer, the client is to draw all these terms and conditions (1-9) to the attention of the photographer and obtain his agreement to them before the shoot commences.

(j) Meals

Clients are responsible for model’s meals on all bookings outside the London area (see 1(d)).

(k) Exclusion fees

A special fee will be negotiated when the use of the model’s image or the service to be supplied by a model in relation to a product is required on the basis which precludes supplying services or allowing the use of the model’s image for competing products.  A model can supply services to and allow use of the model’s image by any competitor unless an exclusion fee is negotiated.  It’s the client’s responsibility to check whether conflicting work has been done.

(l) Weather permitting bookings

At the first cancellation half the booking fee is charged unless the client fails to cancel in time to prevent the models’ attendance, when the full booking fee is payable.  At the second cancellation, the full fee is charged.

 3. ADDITIONAL FEES (to be agreed after the time of booking)

(a) Client’s responsibility on usage

It’s the clients responsibly to notify the agent and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per (c) above.

4. AGENCY FEES

(a) Commission

The fee negotiated by the agent is the model’s fee from which agency commission will be deducted at 20% of the invoice total.  Both agency fees and model fees will be invoiced by Faux Face Models.  Any agreed expenses will be added where appropriate.

(b) Cancellations

A cancellation fee may be applicable to any client whom wishes to cancel.  Within 3 (three) working days half the booking fee is charged.  This fee may be levied if the same model is re-booked within 24-hours of cancellation for a similar period of time.  Cancellations less than 24-hours notice (or one working day) will be charged at the full rate of the booking fee and will not be refunded.  This is a reciprocal arrangement between model and client.  

(c) Health, safety and insurance

It is the client’s responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to health & safety when the model is providing services in connection with the booking.  The client is obliged to make sure that all people engaged in connection with the booking and associated travelling are properly qualified and insured.  The client is responsible for the model’s health and safety when the model is travelling or providing services in connection with the booking as if the model were an employee of the client.

Faux Face Models cannot be held responsible for the non-appearance of the model through sickness or for any other reason.  The client is advised to insure against any loss which might be incurred.

5. COPYRIGHT

(a) Contract

All matters relating to the use of a model’s image, any other services supplied by the model and all fees must be negotiated only with the agent, Faux Face Models.  If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything, that is not binding on the model or the agent unless and until it is agreed in writing by the agent.

6. HEADINGS

Section headings are not to be considered a part of this agreement and are not intended to be full or accurate description of the contents hereof.

7. UNENFORCEABILITY OF PROVISIONS

If any provision of this agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

8. JURISDICTION

(a) Disputes

These terms and conditions for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed as the time of the dispute.  Where the context requires the singular includes the plural and he includes she.  

9. COMPLAINTS