Elite London

Issued by the Association of Model Agents

Terms and conditions
As required by Business Innovation and Skills (BIS) regulations, Elite Model Management London (“Agency”)’s booking confirmation form or booker form, containing the specific terms of the booking, sent by the Agency to the client (“Booking Confirmation Form”), must be signed and returned by the client and the signed Booking Confirmation Form, together with these terms and conditions, shall form the agreement between the parties relating to each booking. Unless and until the Booking Confirmation Form is signed by the client, all negotiations relating to the booking of the model are subject to contract. The failure to sign and/or return the signed Booking Confirmation Form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to, and govern the booking between the Agency and/or the models (as relevant) and the client. Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency and/or the model (as the case may be) has agreed to such amendment and/or variation in writing in advance and signed the Booking Confirmation Form after the amendment and/or variation has been included on the Booking Confirmation Form. In the event of any inconsistency or contradiction between these terms and conditions herein and the Booking Confirmation Form, the Booking Confirmation Form shall prevail.
Booking fees
1. Permitted use
  Unless agreed otherwise and included on the Booking Confirmation Form, booking fees provide an entitlement and right for the client to use one image via a single published medium for one year or for a single season in the case of a fashion booking from the date of the booking, whichever is the shortest, in the United Kingdom only. Please note that such permitted use and entitlement is strictly subject to payment in full of all fees owed to the model or the Agency prior to the image’s first use.
2. Working hours and Overtime
  Fees are charged by the day or by the hour. A ‘day’ is an 8-hour period (including one hour for lunch) between 9am and 6pm (e.g. 9am-5pm or 10am-6pm). An extra hour between 9am and 6pm is charged at the model normal hourly rate. Overtime is charged on weekdays and Saturdays before 9am and after 6pm, at one-and-a half times the hourly rate. Sundays or UK Bank Holidays are charged at double the hourly rate. Any overtime which is over 5 hours will be charged at the day rate as set out in the Booking Confirmation Form.
3. Travel
  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 five-mile radius of Hyde Park Corner (i.e. Chiswick in the west, Golders Green and Highgate Village in the north, Mile End in the east, Streatham Hill and Tooting Bec in the south).
4. Fitting fees
  Any time spent by the model for fittings is charged to the client at £90 per hour (plus VAT if applicable). Each fitting is of a minimum of 4 hours.
5. Additional expenses
  All expenses incurred by the model or the Agency on the clients’ behalf will be charged to the client and will include an uplift of 12.5% of the total amount of the expenses.
6. Location bookings
  1. When a location booking is made (i.e., a booking outside of London), 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 in accordance with section 2.6. If a model on location is prevented from returning to London after the booking 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. 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 acknowledges that at all times 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.
Additional fees
To be agreed at the time of the booking or before any additional usage in accordance with section 3.1
1. Usage
  Additional fees are payable for the right to use the model's image, reproductions, adaptations of, or drawings derived from that image, 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, e.g. packs, posters, showcards, record covers, swing tickets etc (“Model’s Image”). For the avoidance of doubt, additional fees are payable for the right to the additional use the Model's Image 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 one image for one additional year from the date of booking, in the United Kingdom only, for the permitted use or uses or purposes agreed between the Agency or the model and the client. Under no circumstances will each additional usage fee be less than the model's advertised day rate as determined by the Agency unless determined otherwise by the Agency in its absolute discretion.
2. Territory
  Additional fees are also payable, and subject always to the Agency’s or model’s prior consent, for the right to use the model's image or reproductions etc, as set out in section 3.1 above for all known or anticipated territories other than the United Kingdom. Unless otherwise agreed, the additional fees cover the right to use one image for one year or one season, whichever is the shortest period, unless otherwise determined by the Agency at the date of booking and/or detailed on the Booking Confirmation Form, from the date of booking, in the territory or territories agreed and stipulated on the Booking Confirmation Form. Under no circumstances will each usage fee be less than the model's advertised day rate as determined by the Agency unless determined otherwise by the Agency in its absolute discretion.
3. Other services
  Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis between the client and the Agency.
Fees
1. All fees will be invoiced by the Agency.
2. Value added tax (VAT)
  All sums payable under these terms and conditions are exclusive of VAT and any other similar or equivalent taxes or duties which shall be payable in full without set off by the client.
Invoicing
1. 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. The Agency reserves the right in its discretion to invoice the 'ultimate client', (eg. 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 the Agency or the model specifically agrees otherwise, in writing, no usage for the model's image is permitted until the Agency has received payment in full. The Agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
2. If the client fails to pay in full on the due date any amount which is payable to the model via the Agency, without prejudice to any other right or remedy of the Agency, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum over Barclays Bank plc base rate, from time to time, 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 on a daily basis.
3. 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 ensure that the third-party end user:
  1. enters into an agreement with the client on the same terms as these terms and conditions;
  2. acknowledges its obligations to the Agency or the model, including but not limited to the obligation to pay the Agency within 30 days of the date of any invoice received from the Agency; and
  3. acknowledges that the third-party end user may not use the images until payment is received by the Agency 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.
4. Any fees received by the client from the third-party end user relating to any of the rights or benefits conferred on the client by these terms and conditions shall be deposited in a designated Agency account by the client (the “Third-Party End User Fees”). The Third-Party End User Fees shall be held on trust for the Agency as beneficiary until such time as all outstanding fees owed by the client are paid in accordance with the terms of these terms and conditions.
Exclusivity fees
1. Unless otherwise agreed in the Booking Confirmation Form, the model is booked by the client on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client. An additional fee will need to be agreed 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 an exclusive or semi-exclusive (for example sector specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the model's image for competing and/or particular sector of products or within a particular territory. A model can supply services to and allow use of the model's image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client's responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.
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.
Cancellations
1. Cancellation of booking by the client
  1. Within 24 hours of the booking call time the full booking fee will be charged and payable by the client unless the same model is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the client.
  2. Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then half the booking fee will be charged and payable by the client.
  3. The full booking fee will be charged and payable by the client for bookings of more than three days duration cancelled within a period equal to or less than the length of the booking. Saturdays, Sundays and UK bank and public holidays are excluded for the purpose of determining the cancellation notice period.
2. Cancellation of booking by the Agency
  1. Should the Agency want to cancel a booking on behalf of the model, 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.
  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.
Meals
Clients are 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 (see section 2.4))
Model care and safety
1. Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the Agency or model as relevant. The use of the model’s image must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the model. The image must not be altered or distorted.
2. Subject to the above restrictions, behind-the-scenes filming is permitted on condition that the model is hair-and-make-up ready, camera ready and aware she/he/they is/are being recorded. The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
3. Always include a credit in the form of “model’s name” @ “the Agency”, wherever a credit is applied.
Warranties
The client warrants and represents to the Agency or model as relevant that:
1. it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
2. the Booking Confirmation Form is executed by a duly authorised representative of the client;
3. it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice and section 1 above;
4. it has all necessary permits, licences 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
5. it will promptly disclose to the Agency or the model 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 (i) the Agency to ensure that the model is suitably prepared and able to perform the services or (ii) the model is prepared and able to perform the services.
Indemnity
The client shall indemnify the Agency or the model and keep the Agency or the model as relevant, indemnified against all costs, expenses, damages and losses suffered or incurred by the Agency or the model (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
1. any breach by the client of these terms and conditions, including but not limited to, any breach by the client of Section 6 of these terms and conditions;
2. any claim brought by a third party against the Agency or the model in circumstances where, as a result of the client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these terms and conditions has caused the Agency or the model to be in breach of the terms of an exclusive agreement with such third party; and
3. any breach by the client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time.
Fashion shows
Catwalk bookings provide the client with the right to make use of the 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 section 3.2 above) is exploited for reporting purposes only. The client is responsible for ensuring that all present photographers 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 the Agency at the time of the booking.
Music videos, Promotional films
All fees will be negotiated, structured and paid by the client on a case by case basis. In normal circumstances, there will be a fee for the shoot plus an additional buyout fee payable by the client. If it is not a direct booking, the client (usually the music company) will be invoiced by the Agency or model via the Agency, as the ultimate client (see section 5).
Test and experimental photography
When the Agency agrees to allow a photographer to take test or experimental photography the photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
Intellectual property rights
1. 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 under sections 2.1, 3, 11, 12 13 and 14 above. 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 (1-22) to the attention of the photographer and procure his agreement to them before the shoot commences.
2. All rights not expressly granted to the client under these terms and conditions are hereby reserved to the Agency and/or the model as appropriate. In particular, the client acknowledges and agrees that the Agency, or the model as appropriate, is the owner or licence holder of all commercial rights and intellectual property rights relating to the model and the Agency 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 the Agency other than the rights specifically granted to the client under these terms and conditions and/or Booking Confirmation Form.
3. 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 the Agency and the model may use the images resulting from any booking in any form whatsoever, solely in order for the model and the Agency to promote the model and in the search of future job opportunities for the model. The model and the Agency 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
1. No party excludes or limits its liability under these terms and conditions for:
  1. death or personal injury caused by its negligence;
  2. fraudulent misrepresentation; or
  3. any other type of liability which cannot by law be excluded or limited.
2. Subject to section 17.1, the Agency, or model as appropriate, 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, and/or model as appropriate, 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;
  1. the Agency shall not be liable for:
    1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
    2. product recall costs;
    3. failure by the model to attend a booking for whatever reason;
    4. damage to the client’s reputation; or
    5. consequential, special or indirect loss or damage; even if the Agency and/or the model has been advised of the possibility of such loss or damage
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 and/or Booking Confirmation Form. Such insurance policies shall include without limitation:
  1. cancellation insurance to protect against the potential liabilities which the Agency, and/or the model, and the client may incur as a consequence of the provisions of sections 8;
  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.
  3. travel insurance to cover the activities of the models whilst travelling to and from the location of the services.
  4. Insurance to cover the activities of the models while performing the services at the client’s location or arranged location.
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).
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 services 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.
Force Majeure
The Agency, and/or model as relevant, 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 and/or model as relevant, including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (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.
Interpretation of terms and conditions
1. For the purpose of the relationship between the client and the Agency the client acknowledges, accepts and agrees that the Agency suggests the models for the supply 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 the Agency, unless agreed otherwise in writing in a superseding agreement/Booking Confirmation Form. . The client acknowledges that there are no representations, statements or promises made or given by or on behalf of the Agency, and/o model as relevant, 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).
2. The Booking Confirmation Form forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the Booking Confirmation Form, subject to section 1.
3. For the purpose of these terms and conditions the words "agreed", subject to section 1, means agreed in writing in the Booking Confirmation Form and signed by duly authorised representatives of both the Agency and/or the model, and the client.
General
1. If any of the terms, conditions or provisions of these terms and conditions or the Booking Confirmation Form are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
2. Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.
3. Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally.
4. Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other's credit.
5. No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.
6. Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.
7. The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances:
  1. to enable enforcement of the party’s rights under these terms and conditions;
  2. with the prior written consent of the other party; and
  3. as required by any applicable law.
8. These terms and conditions and the Booking Condition Form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.
9. Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The client acknowledges, accepts and agrees that if the Agency has entered into these terms and conditions, it is for the benefit and on behalf of the model and accordingly the model shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
10. Subject to clause 22.11, the parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
  Notwithstanding clause 22.10, the Parties to this Agreement agree that the Agency may enforce its rights under these terms and conditions in any other court of competent jurisdictions outside of the courts of England and Wales.

Last update: March 2024