Terms & Conditions of Use – Models
These terms and conditions will apply to any contract for the supply of services to Savvy Models Lim-ited (company number 8561389) whose registered office is at Sovereign Gate, 11 Viscount Drive, Middleton, Manchester, M24 4JT (Savvy Models) by:
1. Definitions and Interpretation
1.1 In these Conditions, the following definitions apply:
- Assignment(s): means each of the assignments undertaken by the Model(s) in accordance with these Conditions as specified within each separate Booking Form.
- Booking Form: means the confirmation of booking form confirming the Models appointment for the Assignment, as issued by Savvy Models to the Model.
- Client: means the end client who has entered into an agreement with Savvy Models for the provision of Services relating to an Assignment.
- Conditions: means these terms and conditions (as amended from time to time) which are incorporated into the Contract.
- Contract: means the contract entered into by Savvy Models and the Model incorporating each Book-ing Form and Conditions.
- Fees: means those fees to be paid by Savvy Models to the Model in relation to each Assignment as specified within the Booking Form.
- Services: means the undertaking of personal appearances, trade show presentations, fashion shoots, catwalk shows, advertising or such other services to be provided by the Model to Savvy Models and/or the Client, as specified within the Booking Form.
1.2 The Contract constitutes the entire agreement between the parties. The Model acknowledges that she has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Savvy Models which is not set out in the Contract.
1.3 These Conditions apply to the Contract to the exclusion of any other terms that the Model seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.4 The Model’s failure to sign and/or return these Conditions shall not affect the validity of each Contract and her continued services to Savvy Models shall constitute acceptance of the Condi-tions,
Booking Form and Contract.
2. Supply of Services
2.1 The Model acknowledges that:
2.1.1 she is not being appointed as an exclusive supplier of the Services and Savvy Models shall not be obliged to make requests for the services of the Model and may at any time use or procure the services of other models for any Assignments;
2.1.2 Savvy Models is under no obligation to offer the Model any Assignments.
2.2 Unless otherwise specified within the Booking Form, Fees are inclusive of full usage rights, including (but not limited to) unrestricted right and permission to take, use, reuse, publish and republish the said photographs of the Model, in whole or in part, composite or distorted in character or form and the negatives, transparencies, prints or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the Model may be included in whole or in part, in any media throughout the world (both current known and any future media) for advertising or any other lawful purpose. Savvy Models will not be liable to the Model for any Client or other third party that exceeds or exploits its usage rights. Savvy Mod-els will assist the Model in recovering from the Client any additional fees relating to extra us-age rights.
3. Model’s Obligations
3.1 It is the responsibility of the Model, and the Model acknowledges and agrees:
3.1.1 to keep Savvy Models up to date with any changes of appearance;
3.1.2 that they meet the suitability requirements (if applicable) of the Client for the said As-signment as specified within the Booking Form, unless otherwise communicated to Savvy Models in writing.
3.2 The Model is not obliged to accept any Assignment, but if the Model does so, throughout the duration of the Assignment for which the Model is engaged, the Model will:
3.2.1 co – operate with the Client’s staff and accept the direction supervision and instruction of any responsible person in the Client’s organisation;
3.2.2 adhere to any specific wardrobe requirements;
3.2.3 not chew chewing gum and behave in a professional manner at all times and to arrive on time;
3.2.4 not engage in any conduct detrimental to the interests of the Client or Savvy Models;
3.2.5 not use her mobile phone or any other communication device, which must also be switched off or set to silent mode;
3.2.6 not at any time divulge to any person, nor use for her own or any other person’s bene-fit, any confidential information relating to business affairs, transactions or finances of Clients, Savvy Models or the terms of the Contract;
3.2.7 when requested during the Assignment for whatever reason, or in any event upon the completion of an Assignment, deliver up (in the same condition as received) to the Cli-ent any uniform or equipment provided for the Assignment;
3.2.8 refer any unsolicited requests or expressions of interest whatsoever made by or on be-half of any Client for the provision of services or the carrying out of work by the Model of which the Model becomes aware forthwith thereafter to Savvy Models.
3.3 The Model waives any right to inspect or approve the photographs or finished versions incor-porating the photograph and acknowledges and agrees that all copyright in the said photo-graphs is owned by the Client. The Model agrees she has no right to sell, license or publish (with the exception of personal use of the photographs as part of her modelling portfolio) any of the photographs and has no claim for usage fees or further payments in respect of any use of the photographs.
3.4 The Model undertakes and agrees not to during any Assignment and for 24 months following its termination (howsoever caused) directly or indirectly engage with or undertake assignments with any person who has been a client of Savvy Models, other than in accordance with these Conditions and the Booking Form.
3.5 In the event of a breach of clause 3.4, the Model shall be liable to pay to Savvy Models on demand 25% of the fees due to the Model for each and every engaged or undertaken assign-ment with each client of Savvy Models for a period of 3 months as liquidated damages. The parties confirm that these sums represent a genuine pre-estimate of Savvy Models’ loss.
4. Fees, payment and cancellation
4.1 Savvy Models agrees to pay the Fee to the Model within 30 days of the date of the Assign-ment.
4.2 Bookings cancelled by the Model (where a replacement Model is not used):
4.2.1 within 48 hours of the date of the Assignment – Model will be liable to pay 100% of the Fee;
4.2.2 within 7 days of the date of the Assignment – Model will be liable to pay 50% of the Fee;
4.2.3 for any short term bookings less than 48 hours of the date of the Assignment, the Model will be liable to pay 100% of the Fee. For any short term bookings less than 7 days of the date of the Assignment, the Model will be liable to pay 50% of the Fee.
4.3 Any refusal by the Model to honour a previously accepted Appointment will be subject to a cancellation booking fee of 20% of the Fee and the Model acknowledges that she will be liable (unless a replacement model is used) to Savvy Models for any loss of earnings and other asso-ciated costs.
4.4 Savvy Models shall have the right to set-off any fees due from the Model to Savvy Models against any Fee owed to the Model.
5. Data protection
6.1 The Model shall indemnify and keep indemnified Savvy Models in respect of all and any lia-bilities, losses, expenses, costs, claims or damages suffered as a result of:
6.1.1 entering into the Contract;
6.1.2 or arising directly or indirectly as a result of any breach by the Model of these Condi-tions or the Booking Form;
6.1.3 or any negligent act or omission by the Model whilst engaged on any Assignment.
6.2 The Model acknowledges and agrees that the Contract constitutes a contract for the provision of services and the relationship of the Model to Savvy Models will be that of independent con-tractor and nothing in the Contract shall render the Model an employee, worker, agent or part-ner of Savvy Models. The Model agrees to indemnify Savvy Models against any loss suffered or claims brought whether such claims relate to employment, tax, national insurance, or other-wise.
7.1 All the provisions of these Conditions which are intended by their nature to survive the cancel-lation termination or expiry of any Contract relating to any Assignment shall continue in force following such cancellation termination or expiry for so long as it may be required to give ef-fect.
7.2 If any of the terms are determined by any competent authority to be invalid, unlawful or unen-forceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
7.3 Any Contract governed by these Conditions shall be read, construed and take effect in accord-ance with the Laws of England and the parties hereto expressly agree to submit to the exclu-sive jurisdiction of the English Courts.
7.4 Nothing in any Contract governed by these Conditions shall confer or purport to confer on any third party any benefit or the right to enforce any term of any Contract governed by these Conditions for the purpose of the Contracts (Rights of Third Parties) Act 1999.