1. PERMITTED USE
Booking fees provide an entitlement and right for the Client to use the images via a single published medium (unless otherwise agreed in the Booking Confirmation) from the date of the booking, in the territory and for the duration and purposes specified in the Booking Confirmation (Permitted Use). The rights granted in this section are strictly subject to prompt payment in full of all fees owed to Meka Models prior to the image’s first use. No right to reprint or make any other use other than the Permitted Use is granted to the Client unless approved by Meka Models.
2. EXCLUSIVITY FEES
Unless otherwise agreed in the booking confirmation e-mail the talent is supplied to the client by the Agency on a non-exclusive basis and the talent 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 talent’s image or the service to be supplied by the talent 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 talent’s image for competing and/or particular sector of products or within a particular territory. The talent can supply services to and allow use of the talent’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, check and determine for itself whether the talent supplied has undertaken or is booked to undertake any conflicting work.
3. BOOKING FEES
a) Working hours and Overtime: fees are charged by the day or by the hour. A ‘day’ is an 8-hour period (Excluding one hour for lunch) between 9:00 and 18:00. The appropriate overtime rate is charged before 9:00 and after 18:00. Overtime is charged at one-and-a half times the hourly rate. Saturdays are charged at one-and-a half times the hourly rate and Sundays or Bank Holidays are charged at double the hourly rate. Any booking which is over 5 hours will be charged at the day rate as set out in the booking confirmation form.
b) Travel: any time spent by the talent travelling to or from a client’s venue will be charged at half the hourly rate. This applies to any travel outside of a 10 km radius of Bucharest city center.
c) Fittings: any time spent by the talent for fittings surpassing 1 hour (talent in the building) is charged at half the applicable talent’s hourly rate with a minimum of €30/h. Specific written negotiations must be carried out with Meka Models if the call time exceeds 4 hours before the work.
d) Additional expense: All expenses incurred by Meka Models on the Clients’ behalf will be charged to the Client and will include an uplift of 10% of the total amount of the expenses.
4. LOCATION BOOKINGS
When a location booking is made, a client must provide safe and appropriate transport for the talent 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 talent in accordance with the section 3 - d). If the talent on location is prevented from returning to Bucharest or any other city to work, half the daily fee will be charged to and payable by the client for each day that the talent is unable to perform other bookings.
Clients are responsible for the provision of all nutritious meals and beverage requirements of all talent (taking into account dietary requirements) whilst the talent is providing services to the client on all bookings.
6. TALENT CARE AND SAFETY
a) Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the talent’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the talent.
b) The client shall be solely responsible for ensuring the talent is treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and well being of the talent is protected, at all times by the client and/or any third parties engaged by the client in relation to the delivery of the services.
c) Ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the talent to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws.
d) Allowing the talent to take suitable and regular rest periods, to ensure the talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services.
e) Ensuring that all of the third parties engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional and treat the talent in a professional and respectful manner.
f) Ensuring that no one imposes upon the talent any action, activity or environment which is either dangerous, degrading, unprofessional, unsafe and/or demeaning to the talent.
g) Providing the talent with an appropriate changing and dressing area to ensure that the talent can prepare for the provision of the services and also maintains his/her/their privacy.
7. FASHION SHOWS
Catwalk bookings provide the client with the right to make use of the talent’s services on the catwalk for the specified show in accordance the Agreement, 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 ensuring that all photographers present are aware of and comply with this condition and the client will procure that they abide by these conditions. If any other usage is required (included, but not limited to, look books, e-commerce and broadcasting and/or live streaming of the specified show) it must be negotiated and agreed with the Agency at the time of the booking.
Strict condition for editorials is to receive in exchange physical tear sheets (or high resolution pdf).
9. 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 not booking direct, the client (usually the music company) will be invoiced by the Agency as the ultimate client
10. 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 and agreed in writing before the photographic session. An appropriate and realistic brief must be submitted to the agency prior to confirmation.
11. AGENCY FEE
The agency charges a supplement of 20% on all fees including without limitation hourly, daily and overtime fees and all fees for the right to use and all fees negotiated for any other service to be supplied by the model. Both agency fees and model fees will be invoiced by the Agency unless otherwise agreed at the time of booking.
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. 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. The full booking fee will be charged and payable by the client for bookings of more than three days duration: within a period equal to or less than the length of the booking, then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
13. WEATHER CANCELLATION
On the first occasion of cancellation no booking fee is charged to 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 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.
14. FORCE MAJEURE
The Agency’s 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, flood 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.
The client warrants and represents to the Agency that:
a) it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
b) the booking is executed by a duly authorised representative of the client;
c) it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws and good industry practice.
d) 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; and
e) it will promptly disclose to the Agency 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 the Agency to ensure that the model is suitably prepared and able to perform the services.
16. 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, that 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).
17. 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.