Terms and Conditions for Booking Models

1. Agreement Formation

1.1 Booking Confirmation: To confirm a booking, the client must sign and return the Agency's booking confirmation form. This, along with these Terms and Conditions, forms the complete agreement. Proceeding with a booking without signing implies acceptance of these terms.

1.2 Changes: Any changes proposed by the client are valid only if the Agency agrees in writing and provides a revised booking confirmation.

2. Booking Fees

2.1 Usage Rights: Unless agreed otherwise prior to the booking, booking fees allow the client to use one image in a single medium for one year within the agreed region, starting from the booking date. This is valid only after full payment.

2.2 Working Hours: Standard working hours are 9 hours per day, including a lunch break.

2.3 Overtime: Work beyond standard hours incurs extra charges as follows:

2.3.1 Before 9:00 AM and after 6:00 PM: 1.5 times the standard hourly rate.

2.3.2 Saturdays: 1.5 times the standard hourly rate.

2.3.3 Sundays and Public Holidays: Double the standard hourly rate.

2.4 In the event that models from other agencies are working on the same booking providing the same service as models from ILM, ILM reserves the right to charge at the same rate as the other agency.

2.5 Travel Time: Travel beyond a 5-mile radius from the Agency's base is charged at half the hourly rate.

2.6 Fittings: Time spent on fittings is charged at half the hourly rate, with a minimum charge specified in the booking confirmation.

2.7 Additional Expenses: All expenses incurred on behalf of the client will include a service fee, as detailed in the booking confirmation.

2.8 Location Booking

2.8.1 When a location booking is made, a Client must provide transport for the Model both to the booking location and back again unless agreed otherwise. If the Client fails to provide such transport, then the Agency shall be entitled to re-charge the cost of the transport procured for the model and such charge may be subject to VAT.. If a model on location is prevented from returning to London to work, half the daily fee will be charged to and payable by the client for each day that the model is unable to return to London to work.

2.8.2 When a location booking is made, the Client will make a health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated. The Client always acknowledges the Model’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.

3. Offers for Regular Clients

clients who commit to regular bookings with a minimum term of three months may be eligible for reduced commissions. Specific terms and rates will be discussed and agreed upon at the time of signing the agreement.

4. Additional Fees

To be agreed at the time of the booking or before any additional usage in accordance with section

4.1 Extended Usage: Unless agreed otherwise and included on the booking confirmation form, using the model's image beyond the agreed terms requires prior written consent from the Agency and may involve extra fees.

4.2 Exclusivity: Models are provided on a non-exclusive basis unless otherwise agreed in writing. If the Client requires exclusivity (such as sector-specific or territorial restrictions), an additional fee must be negotiated. It is the Client’s responsibility to verify any potential conflicts with the Model’s previous or upcoming work.

5. Provisional bookings

Provisional bookings will be automatically cancelled if they are not confirmed by the client (by signing and returning the booking confirmation form) within 24 hours of the proposed booking.

6. Cancellations

6.1 Cancellations of booking by the Client:

6.1.1 Within 24 Hours: Canceling within 24 hours of the booking's start time requires full payment of the booking fee. If the same model is rebooked within 24 hours, a 50% fee applies.

6.1.2 Between 24 and 48 Hours: Canceling more than 24 hours but within 48 hours of the start time requires payment of 50% of the booking fee.

6.1.3 Bookings Over Three Days: For bookings longer than three days, canceling within a period equal to or less than the booking length (excluding weekends and public holidays) requires full payment.

6.2 Cancellations of booking by the Agency:

6.2.1 Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.

6.2.2 In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.

7. Unforeseen Circumstances

7.1 Weather related cancellations: On the first occasion of a weather related cancellation half the booking fee is charged and payable by the Client unless the Client fails to cancel in time to prevent the model's attendance in which case the full booking fee is charged and is payable by the client. On the occasion of the second cancellation and any subsequent cancellations the full booking fee is charged and payable by the client.

8. Payment Terms

8.1 Invoices: Invoices are issued after the booking and must be paid within 30 days.

8.2 Late Payments: Late payments may incur interest charges, as detailed in the invoice.

9. Image Usage and Copyright

9.1 Ownership: The client gains rights to use the images as specified only after full payment.

9.2 Restrictions: Photographers cannot use the images beyond the agreed terms without prior written consent from the Agency.

10. Meals

The Client is responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) whilst the models are providing services to the Client on all bookings.

11. Model care and Safety

11.1 Nude, semi-nude, see-through, swimwear, or lingerie photography requires prior written approval from ILM Models. The Model’s image must not be altered, distorted, or used in a way that is pornographic, derogatory, or causes embarrassment.

11.2 Behind-the-scenes filming is allowed only if the Model is hair-and-makeup ready. The Client must treat the Model with respect and ensure their safety, health, and well-being at all times by: a. Providing a safe and secure working environment that complies with health and safety laws. b. Allowing regular rest breaks for the Model. c. Offering adequate insurance coverage as if the Model were an employee. d. Hiring qualified and professional personnel for the project. e. Ensuring the Model is not subjected to unsafe, degrading, or unprofessional activities. f. Complying with The Association of Model Agents’ Code of Practice. g. Providing a private changing area for the Model. h. Crediting the Model’s name and ILM Models wherever a credit is applied.

12. Complaints and disclaimer

Any cause for complaint must be reported to the Agency by the Client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the Agency will use reasonable endeavours to ensure that the Models provide a satisfactory and efficient service to Clients, as the Agent, the Agency cannot be held responsible for a Model's conduct or behaviour whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.

13. Force Majeure

The Agency shall not be liable to the Client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots or a public health emergency (an "Event of Force Majeure") and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

14. Liability and Insurance

14.1 No party excludes or limits its liability under these terms and conditions for:

14.1.1 death or personal injury caused by its negligence;

14.1.2 fraudulent misrepresentation; or

14.1.3 Any other type of liability which cannot by law be excluded or limited.

14.2 Subject to section 14.1, the Agency limits its liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the Agency for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Agency;

14.2.1 the Agency shall not be liable for:

14.2.1.1 loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;

14.2.1.2 product recall costs;

14.2.1.3 failure by the Model to attend a booking for whatever reason;

14.2.1.4 damage to the Client’s reputation; or

14.2.1.5 consequential, special or indirect loss or damage; even if the Agency has been advised of the possibility of such loss or damage

14.3 The Client shall effect and maintain (and shall require its ultimate client, if any, to maintain) throughout the continuance of this terms and condition insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the Client that may arise under these terms and conditions. Such insurance policies shall include without limitation:

14.3.1 cancellation insurance to protect against the potential liabilities which the Agency and the Client may incur as a consequence of the provisions of sections 8 and 8.2 and 9;

14.3.2 Insurance to protect the Model and the Agency should any damage, injury or loss be caused by the Model’s inability to attend the booking or whilst the Model is providing services to the Client.

14.3.3 travel insurance to cover the activities of the Models whilst travelling to and from the location of the services.

15. Indemnity

15.1 The Client agrees to protect and reimburse the Agency for any costs, damages, or losses the Agency suffers because of:

15.1.1 The Client breaking any part of this agreement

15.1.2 Claims from others against the Agency if the Client's actions lead to images being used outside the agreed areas, causing the Agency to violate exclusive agreements.

15.1.3 The Client not following any relevant laws or regulations, including health and safety or employment laws.

16. Governing Law

These terms are governed by the laws of the jurisdiction specified in the booking confirmation, and any disputes will be handled exclusively in that jurisdiction.

17. Interpretation of Terms and Conditions

17.1 These Terms & Conditions govern all services provided by ILM Models and override any other terms proposed by the Client, including those in booking confirmations or prior discussions.

17.2 If there is a conflict between these Terms & Conditions and a booking confirmation, these Terms & Conditions take priority.

17.3 The booking confirmation is part of these Terms & Conditions and holds the same legal effect.

17.4 The term "agreed" (as used in Section 1) means a written agreement in the booking confirmation, signed by both ILM Models and the Client.

18. Contract and authority

All matters relating to the use of the Model's image, any other services supplied by the Model and all fees must be negotiated and agreed only with the Agency. The Client shall not attempt to negotiate, nor allow others to negotiate, with the Models directly. 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 outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the Model or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).

19. General Terms

19.1 Severability: If any part of these terms is found invalid, the rest of the terms remain effective.

19.2 No Waiver: If the Agency doesn't enforce a specific term, it doesn't mean they've waived their right to do so.

19.3 Entire Agreement: These Terms and Conditions, along with the booking confirmation and invoice, constitute the entire agreement between the Agency and the client, superseding any prior agreements.