SMG Terms and Conditions for Booking Talent
Booking fees are charged per model by the day, half day or hourly, or on an alternative basis (for example, a flat fee for a Fashion Show) and details are agreed upon prior to the booking call time.
Full day- 8 hour period between the hours of 8am and 6pm
Half day-4 hours between the hours of 8am and 6pm
Hourly Bookings- minimum of 2 hours between the hours of 8am and 6pm
Talent must be paid for the entire amount of the time they were booked, regardless of whether or not they were used the entire time.
After 8 hours within the hours of 8am and 6pm, an extra hour is charged at the normal rate. Overtime is charged before 8am or after 6pm, after 9 hours of consecutive work (excluding a one hour meal break), and Sundays and holidays. Overtime is charged at one and half times the hourly rate.
Any lingerie booking must be first approved by SMG. Booking fees for lingerie will be billed at time and a half. All lingerie must be done on a closed set. Client must provide a changing facility on all bookings on all locations.
Additional fees are payable for the right to use the model's image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation form, i.e. posters, bus boards, billboards, trade or consumer advertising, etc. For the avoidance of doubt, additional fees are payable for the right to use the model's image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings online or in any digital media including but not limited to Twitter, Facebook, MySpace, YouTube, Flickr, Blogs or other social networking websites or media. Unless otherwise agreed, the additional fees cover the right to use the models image for one year from the date of booking, in the United States only, for the permitted use or uses or purposes agreed between the Agency and the client. Under no circumstances will each additional usage fee be less than the model's day rate as determined by the Agency unless determined otherwise by the Agency in its absolute discretion.
The agency charges a supplement of 20% on all fees including, without limitation, hourly, daily, overtime fees and all usage fees apart from SAG television commercials and film. All SAG television commercials and film will be charged 10% agency fee. Both the agency fees and the model fees will be invoiced by the agency.
Client must not present model with any photographic releases without SMG’s permission. Any release signed by model without SMG’s permission will be void. Additional usage outside of what was agreed upon prior to booking must be negotiated.
Cancellation of booking by client
Within 24 hours of the booking call time the full booking fee will be charged.
Within 48 hours of the booking call time half the booking fee will be charged.
Within 72 hours of the booking call time the full booking fee will be charged for bookings of three or more days duration.
Cancellation of booking by SMG
Should the Model want to cancel a booking then SMG shall use its reasonable endeavors to provide the client with as much notice as possible, and take steps to offer the client a suitable replacement.
SMG shall not be liable to the client for any costs incurred as a result of a cancellation by one of our talent. It is recommended that the client procure the necessary insurance to protect against such cancellation.
Weather Permit Bookings
All weather permit bookings will be assumed to be for rain only unless otherwise specified. All such bookings, if cancelled due to weather within 24 hours, will be charged at half the booking fee provided they are rebooked prior to or at time of cancellation.
Travel and Location Bookings
When a location booking is made, the client is responsible for transportation to and from the booking unless agreed to otherwise. Any time spent by the model travelling to or from a client’s venue will be charged at half the hourly rate. This applies to any travel outside of a ten mile radius of Seattle city limits. If a model on location is prevented to return to Seattle to work, half the daily booking fee will be charged to and payable by client for each day the model is unable to return to work after the job ends.
All holds must be released or confirmed 24 hours prior to booking. Otherwise, second holds will take precedence.
Fittings, Hair and Make up
All prep time spent by the model is charged at half the hourly rate. If client plans on altering model’s hair, it must be first approved by SMG prior to the booking call time, and SMG will invoice client to have the color returned to its original state.
Fashion show bookings provide the client with the right to make use of a model's services on the runway 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) is exploited for reporting purposes only. The client is responsible for insuring that all photographers present are aware of this condition and the client will procure that they abide by these conditions. If any other usage is required it must be negotiated and agreed with SMG at the time of the booking.
When SMG agrees to allow a photographer to test the photographer is not entitled to use, or allow others to use, test or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
When a client requests that a model bring their own wardrobe, SMG cannot guarantee that they will have the exact clothing requested. If it is crucial that the wardrobe be a specific color, cut, style or brand, we suggest the client hire a professional stylist. Please feel free to contact us if you need help finding one. If you are concerned about the fit of your garments, please consider scheduling a model casting prior to confirming your booking.
On all invoices, payment is required to be made by the client within 30 days of the date of the invoice. 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. SMG reserves the right at its discretion to invoice the 'ultimate client', (ie. designer/ manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the model's image and, once agreed, are payable whether or not the right is exercised. Unless SMG specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. SMG reserves the right to alter payment terms if it deems appropriate, prior to booking.
If the client fails to pay in full on the due date any amount which is payable to SMG, without prejudice to any other right or remedy of SMG, the amount outstanding shall bear interest both before and after any judgment from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued.
In the event that the client is providing the services on behalf of or to a third party end user, in entering into these terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall insure that the third party end user:
enters into an agreement with the client on the same terms as these terms and conditions;
acknowledges its obligations to SMG including but not limited to the obligation to pay SMG within 30 days of the date of any invoice received from SMG; and
acknowledges that the third party end user may not use the images until payment is received by SMG and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.
All new clients must provide SMG with credit references prior to the booking’s confirmation, and pay a 50% deposit on all booking fees exceeding $1000. The deposit is due 48 hours in advance of the booking call time.
Clients are responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) while the models are providing services to the client on all bookings.
Complaints and Disclaimer
Any cause for complaint must be reported to SMG by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Any and all hours worked by model will be billed. While SMG will use reasonable endeavors to insure that the models provide a satisfactory and efficient services to clients, as the agent, SMG cannot be held responsible for a model's conduct or behavior while delivering the services and in this regard SMG shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any model.
Model Care and Safety
The clients shall insure that the model is treated with respect and professionalism and that the client takes all steps necessary to insure that the safety, health and wellbeing of the model is protected and maintained at all times while providing services to the client. Such steps shall include without limitation:
insuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whie delivering the services;
providing adequate levels of insurance coverage to safeguard the health and safety and future earnings of the model while the model is delivering the services and travelling to and from the client's venue as if he/she were an employee of the client
insuring that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
insuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
providing the model with an appropriate changing and dressing area to insure that the model can prepare for the provision of the services and also maintains his/her privacy.
always include a credit in the form of "model's name" @ "SMG", wherever a credit is applied.
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 SMG. 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 SMG unless and until it is agreed in writing by SMG (such agreement to be determined in the SMG's absolute discretion).
Intellectual Property Rights
The photographer and/or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any images for any usage beyond that agreed or permitted. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the client is not the photographer, the client shall draw all these terms and conditions to the attention of the photographer and procure his agreement to them before the shoot commences.
All rights not expressly granted to the client under these terms and conditions are hereby reserved to SMG and/or the model as appropriate. In particular, the client acknowledges and agrees that SMG is the owner or license holder of all commercial rights and intellectual property rights relating to the model and SMG and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or SMG other than the rights specifically granted to the client under these terms and conditions.
For the avoidance of doubt, notwithstanding anything in the booking confirmation form or these terms and conditions, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that SMG and the model may use the images resulting from any booking in any form whatsoever, solely in order for the model and SMG to promote the model and in the search of future job opportunities for the model. The model and SMG acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these terms and conditions.
Liability and Insurance
No party excludes or limits its liability under these terms and conditions for:
death or personal injury caused by its negligence;
fraudulent misrepresentation; or
any other type of liability which cannot by law be excluded or limited.
SMG 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 SMG 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 SMG; SMG shall not be liable for:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
failure by the model to attend a booking for whatever reason;
damage to the client's reputation; or
consequential, special or indirect loss or damage; even if SMG has been advised of the possibility of such loss or damage
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:
cancellation insurance to protect against the potential liabilities which SMG and the client may incur
insurance to protect the model and SMG should any damage, injury or loss be caused while the model is providing services to the client; and
travel insurance to cover the activities of the models while travelling to and from the location of the services.
The client warrants and represents to SMG that:
it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
the voucher will be signed by a duly authorized representative of the client;
it has all necessary permits, licenses and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and
it will promptly disclose to SMG in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable SMG to insure that the model is suitably prepared and able to perform the services.
Interpretation of Terms and Conditions
For the purpose of the relationship between the client and SMG the client acknowledges, accepts and agrees that SMG is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by SMG and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between SMG and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of SMG outside these terms and conditions which have induced the client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).