Terms and Conditions
All model, dancer, actor, singer and choreographer bookings are to be made strictly through KMC AGENCIES and are subject to approval. All fees are to be negotiated through KMC only.
The following terms and conditions should be read by all clients before booking an artiste and must be adhered to:
Subject to agreement, all fees are based on the artiste's quoted daily or hourly rate. Extra half-hours or parts thereof should be paid at half the hourly rate. VAT and agreed expenses will be added where appropriate. Unless otherwise agreed, the minimum booking is for two hours. With the exception of equity contracts, all fees are based on an eight hour day which includes the lunch break (Shops Act 1950)
Overtime rates apply before 9am and after 6pm. The overtime rate is one and a half times the normal rate between 6pm and midnight. For bookings between midnight and 9am a special rate is to be negotiated. Saturdays are charged at one and a half times the normal rate and Sundays are charged at double the normal rate. Overtime between 9am and 6pm is charged at the normal hourly rate.
All fees are quoted for the UK only for one year within eighteen months of the booking unless otherwise agreed in writing.
Rates for all foreign material are to be negotiated separately.
An additional rate is payable for any use of the photographs or reproductions or adaptations thereof or drawings therefrom, either complete or in part, alone or in conjunction with any workings or drawings, other than the permitted use. Unless otherwise agreed the permitted use is for editorial, experimental or press advertising and EXCLUDES posters, packing, display material (i.e. showcards, swing tickets etc) and record covers. It is not permitted to use photographs for any purpose whatsoever until all fees have been paid. The client is responsible for negotiating the additional rate payable for POSTERS, PACKS, DISPLAY MATERIAL (i.e. showcards, swing tickets) and RECORD COVERS at the time of the booking. Unless it is otherwise agreed these additional fees will be for the UK only for a period of one year, within eighteen months of the booking.
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 with the Agent, KMC Agencies. If the client or photographer or any other person 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 Agent unless and until it is agreed by the Agent in writing. These terms and conditions for booking and all other matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law by a court in England.
On all invoices payment is required within thirty days from the date of invoice. In all cases the person booking the model will be invoiced and solely responsible for payment unless otherwise agreed in writing at the time of the booking. All fees will be invoiced by KMC AGENCIES. KMC AGENCIES LTD reserve the right to add a credit charge of 20% to any invoices not paid within the credit terms.
All bookings excepting Equity Contract TV Commercials: The agency charges a supplement on all hourly, daily and usage fees. Both agency fees and model fees will be invoiced by the agent. VAT and any agreed expenses will be added where appropriate.
Equity Contract TV Commercials: The fee negotiated by the agent is the artist's fee from which agency commission will be deducted. VAT and any agreed expenses will be added where appropriate.
Non Equity Contract TV Commercials: Model disbursement and agency fee will be charged as above and applies to all commercials shot for use outside the UK irrespective of where the fee is paid.
On all invoices payment is required within 30 days of the date of invoice. In all cases the person booking the artiste will be invoiced and solely responsible for payment, unless otherwise agreed at the time of the booking. We reserve the right to invoice the "ultimate client" (i.e. 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 ultimate client are jointly and severally liable to pay the invoice. No usage of the artiste's image is allowed until payment is received in full, unless otherwise agreed in writing by the Agent. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
A special fee will be negotiated when the work is in conjunction with a product that precludes work for competing products. It is the CLIENT'S responsibility to check whether conflicting work has been done. If an artiste advertises a product
He / she is able to work for any competitor unless an exclusion fee has been negotiated.
If a booking is cancelled within one working day of the starting time the full fee is charged unless the same artiste is re-booked within 24 hours, in which case, half the fee will be charged.
If a booking is cancelled outside the one-day period but within two working days of the starting time then half the fee will be charged.
However, if a booking is cancelled because of illness or some other reason beyond the models' or agents' control (and upon the production of the appropriate evidence) neither the model nor the agent shall not be liable for cancellation charges.
For longer period bookings, if the booking is cancelled within a period equal to the length of the booking then the full fee is charged. Saturday, Sundays and bank holidays are excluded when calculating cancellation periods.
Second and subsequent cancellations are charged the full agreed rate.
Any complaints should be reported to the AGENT during the course of the booking.
All bookings are made in accordance with British Actors Equity Association rulings.
An agreed daily rate will apply for all videos and usage fees to be negotiated at the time of booking.
INTERNET AND COMPUTER PROGRAMS
Any photographs used for any or all computer programs or for use on the Internet or any website including the clients own, must be cleared and negotiated in advance with the agency.
TRAVEL AND ACCOMMODATION
Travel expenses are charged as standard class return rail fare. In the case of bookings out of the country, return air tickets from the artiste's local airport must be provided and further transport from the destination airport to the required location. Accommodation must be provided when bookings are outside the UK or at a distance within the UK considered too great to make day return travel realistic.
VARIETY / DANCE CONTRACTS
Long term UK or international contracts are subject to approval if standard equity contracts are not issued.
Clients are responsible for artistes' meals on all location and international bookings. In the case of international contracts meals to be provided must be specified at the time of contract agreement. If meals are not provided then the artistes must be placed in self-catering accommodation of a mutually agreed standard.
WEATHER PERMITTING BOOKINGS
First cancellation is charged at half rate. (Unless the artiste arrive at a booking through the client's failure to cancel in sufficient time) Second cancellation is charged at the full fee.
Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if an alternative definite booking is offered and the provisional booking cannot be confirmed.
FITTINGS AND HAIRDRESSING
Fittings and hairdressing will be charged at 50% of the normal fee. Minimum rate to be negotiated at the time of booking.
FASHION AND TRADE SHOWS
The agreed fee allows for the use of the artiste's services for the specified show only with the right to use photographs and video of the show for in house reference purposes only. Any other usage must be negotiated at the time of the booking.
LINGERIE AND UNDERWEAR
Clients must specify the type of lingerie / underwear and must provide private changing facilities on all bookings, including locations. Lingerie / underwear is charged at one and a half times the normal rate and nude is charged at twice the normal rate.
KMC AGENCIES acts solely for and on behalf of our artistes and whilst making every endeavour to provide and maintain a satisfactory and efficient service, we cannot be held ultimately responsible for an artiste's conduct on an assignment. KMC reserves the right to use any stills or video footage for the reasonable promotion of it's artistes in all forms of media.
KMC reserves the right to negotiate within the structure of these terms and conditions.
KMC AGENCIES LTD.
COMPANY REGISTRATION NUMBER 03231083.