Six Degrees° Agency
Terms & conditions.
1. Booking Confirmation
In accordance with Department of Employment regulations, the Agency's booking confirmation form, outlining specific booking terms, must be duly signed and returned by the client. Proceeding with a booking without signing and returning the confirmation form implies the client's acceptance of these terms and conditions, which will govern the booking between the Agency and the client.
Any changes or alterations made to the booking confirmation form by the client shall not be considered valid unless the Agency has previously agreed to such changes and has confirmed the agreement by signing the booking confirmation form after the modifications have been incorporated. For recurring bookings following the same structure, separate confirmation forms may not be required for each booking.
2. Booking Fees
2.1. Permitted Use
Unless otherwise specified and included on the booking confirmation form, booking fees grant the client the right to use images through a single published medium for one year from the booking date, solely within the United Kingdom for the initial permitted use. This right is subject to full payment of all fees owed to the Agency.
2.2. Daily/Hourly Rate
Standard hourly rates or half day rates apply from Monday to Friday between 09:00 and 17:00 or 10:00 and 18:00, excluding bank and public holidays. Bookings exceeding 5 hours will be billed at the daily rate. Booking fees are calculated on a daily or hourly basis, or as otherwise specified, such as a fixed fee for a catwalk show or presentation, as detailed in the booking confirmation form.
2.3. Overtime
Overtime rates apply for any period exceeding 8 hours, including any time outside 09:00 and 17:00 or 10:00 and 18:00, Monday to Friday, and for all bookings lasting more than 8 hours. Overtime rates are as follows: Work on Weekdays and Saturdays is billed at one and a half times the standard hourly rate. Work on Sundays and bank/public holidays is billed at double the standard hourly rate.
2.4. Travel
Travel time for the model to and from the client's location will be charged at half the hourly rate, which is applicable to travel beyond a five-mile radius of Hyde Park Corner (e.g., 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).
2.5. Additional Expenses
All expenses incurred by the Agency on behalf of the client will be billed to the client, with an additional 12.5% uplift on the total expense amount.
2.6. Location Bookings
For location bookings outside the boundaries outlined in section 2.4, the client is responsible for providing transportation to and from the booking location, unless otherwise agreed. Failure to provide transportation may result in the Agency recharging the cost of transportation. If a model is unable to return to London to work while on location, the client is responsible for paying half of the daily fee.
3. Additional Fees
Additional fees for using the model's image beyond the initial permitted use or for other services will be determined at the time of booking or before any additional usage.
3.1. Usage
Additional fees apply when using the model's image for purposes beyond the initial permitted use, as specified in the booking confirmation form. These fees cover the right to use one image for one year within the United Kingdom for the agreed purposes. The fee for additional usage will not be lower than the model's advertising day rate, unless otherwise determined by the Agency's discretion.
3.2. Social Media
Social media usage fees are negotiated separately from digital / online and web rights.
3.3. Territory
Additional fees are payable for using the model's image in territories other than the United Kingdom, which is to be specified in the booking form. These fees cover the right to use one image for one year or one season, as determined by the Agency at the booking date, within the agreed-upon territories. The fee for each usage will not be lower than the model's advertising day rate, unless otherwise determined by the Agency's discretion.
3.4. Other Services
Fees for other services provided by the model, such as personal appearances for PR purposes, will be negotiated on a case-by-case basis.
4. Agency Fees
4.1. All Bookings Except Equity Contract TV Commercials
The Agency charges a 20% supplement on all fees, including hourly, daily, overtime fees, usage, and fees for other services provided by the model. Both agency fees and model fees will be invoiced by the Agency. All fees quoted as inclusive will include the 20% booking supplement.
4.2. Equity Contract TV Commercials in the United Kingdom
The fee negotiated by the Agency is the model's fee, from which a 20% agency commission is deducted from the invoice total.
4.3. Value Added Tax (VAT)
All payments under these terms and conditions are exclusive of VAT and any other similar or equivalent taxes or duties, which we shall communicate prior invoicing if VAT is to be paid in full by the client without set-off.
5. Invoicing
Clients are required to make payment within 30 days of the invoice date. The client named in the booking is responsible for payment unless otherwise agreed in writing at the time of booking. The Agency reserves the right to invoice the "ultimate client" (e.g., designer/manufacturer/owner of the product) if necessary. Usage fees are payable whether or not the right is exercised, unless specifically agreed otherwise in writing by the Agency. The Agency may alter payment terms before booking as deemed appropriate.
Responsibility for receiving and approving the invoice lies with the recipient, and failure to do so will not relieve the client of their payment obligations. In case of non-payment by the due date, the outstanding amount will accrue interest at a rate of five percent per annum over Starling Bank plc's base rate, compounded daily until full payment is received.
6. Exclusivity Fees
Unless otherwise agreed, models are provided to clients on a non-exclusive basis, allowing models to engage in similar or competing services with third parties or competing products or brands of the client. Additional fees are required for exclusive or semi-exclusive usage that restricts services or image use for competing products or within specific territories. Clients are responsible for researching and verifying potential conflicts of work.
7. Regular Bookings
If a client books a model more than twice within a three-month period, it is considered a regular booking. In such cases, if the model is no longer represented by Six Degrees° Agency, both the model and the client must honour all future bookings through the agency for six months which starts from the date of the termination of the model's representation period.
8. Provisional Bookings
Provisional bookings will automatically be canceled if they are not confirmed by the client, as indicated by signing the booking confirmation form, within 24 hours of the proposed booking.
9. Cancellations
9.1. Cancellation by the Client
Confirmed bookings canceled with less than 2 working days' notice will be invoiced at the full rate. Confirmed bookings canceled within 3 working days will be invoiced at 50% of the agreed rate.
9.2. Cancellation by the Agency
Should the Agency need to cancel a booking, reasonable notice will be provided to the client, along with suitable replacement options, if possible. The Agency may cancel a booking at any time and for any reason before the booking date without liability to the client. The client is required to obtain insurance coverage to protect against such cancellations and associated liabilities.
10. Weather-Related Cancellations
For the first cancellation due to weather, half of the booking fee is charged unless the client fails to cancel in time to prevent the model's attendance, in which case the full booking fee is charged. For the second and subsequent cancellations, the full booking fee is charged.
11. Meals
Clients are responsible for providing all necessary meals and beverages, considering dietary requirements, to models during bookings.
12. Model Care and Safety
Clients must ensure that models are treated with respect and professionalism. The client is responsible for maintaining the safety, health, and well-being of the model while providing services. This includes ensuring safe working conditions, appropriate rest periods, adequate insurance coverage, qualified personnel, and respectful treatment in compliance with The Association of Model Agents' Code of Practice. Clients must provide suitable changing and dressing areas for model preparation and privacy.
13. Warranties
The client warrants and represents to the Agency that they have the capacity to enter into these terms and conditions, will protect and treat the model in accordance with all applicable laws and industry practices, and possess the necessary permits, licenses, and consents for their obligations under these terms. The client shall promptly disclose all necessary information and details related to the services to enable the Agency to prepare the model suitably.
14. Fashion Shows
Catwalk bookings grant the client the right to use a model's services for a specified show, allowing photographers to capture images for reporting purposes only. Clients must ensure that all photographers abide by this condition. Any other usage must be negotiated and agreed upon with the Agency at the time of booking.
15. Music Videos and Promotional Films
Fees for music videos and promotional films will be negotiated on a case-by-case basis, typically including a fee for the shoot and an additional buyout fee. If not booking directly, the client (usually the music company) will be invoiced by the Agency as the ultimate client.
16. Test and Experimental Photography
Agreements for test or experimental photography must be made in advance, and the use of such photographs for commercial purposes is not allowed unless specific arrangements have been made with the Agency before the session.
17. Intellectual Property Rights
The client and the photographer/client are not entitled to use images beyond what is agreed upon or permitted in these terms and conditions. All rights not expressly granted are reserved to the Agency and the model. The Agency is the owner or licensee of all commercial and intellectual property rights related to the model and the Agency, and the client may not exploit these rights unless explicitly granted in these terms and conditions.
Credit should be given as "model's name" @ "Six Degrees° Agency” / @sixdegreesagency whenever a credit is applied.
18. Liability and Insurance
18.1. Exclusions
The Agency's liability is not limited for death or personal injury caused by negligence, fraudulent misrepresentation, or other liability that cannot be excluded by law.
18.2. Limitation
The Agency's total liability under these terms and conditions, whether arising from contract, tort, or otherwise, is limited to the total amount of fees paid or payable to the Agency.
18.3. Excluded Damages
The Agency is not liable for various types of damages or losses, including but not limited to loss of business, profit, contracts, reputation, or consequential, special, or indirect damages.
18.4. Insurance
Clients must maintain appropriate insurance coverage to protect against liabilities and risks under these terms and conditions, including cancellation insurance, insurance for model safety, and travel insurance for model activities during travel.
19. Contract and Authority
All matters regarding the model's image use, services, and fees must be negotiated and agreed upon exclusively with the Agency. Clients must not attempt to negotiate directly with models. Any agreements or signatures obtained from the model are not binding unless agreed upon in writing by the Agency.
20. Complaints and Disclaimer
Any complaints must be reported to the Agency as soon as they arise and cannot be addressed effectively after services have been delivered. While the Agency strives to ensure satisfactory model services, it cannot be held responsible for a model's conduct or behaviour during services, and therefore, it is not liable for any costs, expenses, or losses arising from a model's behaviour.
21. Force Majeure
The Agency is not liable for delays or failures to perform its obligations under these terms and conditions due to causes beyond its control, such as natural disasters, insurrection, workforce actions, war, or riots. In such cases, the Agency's obligations are suspended until the force majeure event concludes.
22. Interpretation of Terms and Conditions
22.1. Priority
These terms and conditions take precedence over any conflicting terms in the booking confirmation form. The booking confirmation form is considered part of these terms and conditions and is included in any reference to these terms.
22.2. Conflict Resolution
In the event of any conflict between these terms and conditions and the booking confirmation form, the terms of these terms and conditions shall prevail without affecting the remaining unaffected terms of the booking confirmation form.
22.3. Agreement
For the purpose of these terms and conditions, "agreed," as per Section 1, means agreement in writing within the booking confirmation form, signed by authorised representatives of both Six Degrees° Agency and the client.
23. General
23.1. Severability
If any provision of these terms and conditions is determined to be invalid, unlawful, or unenforceable to any extent, it shall be severed from the remaining provisions, which will continue to be valid.
23.2. Termination
Termination of all or part of these terms and conditions does not affect the enforceability of provisions intended to remain in force after termination.
23.3. Joint and Several Liability
Representations, warranties, agreements, covenants, and obligations under these terms and conditions are assumed jointly and severally by the client and the ultimate client.
23.4. No Agency Relationship
These terms and conditions do not establish a partnership or agency relationship between the parties.
23.5. Waiver
No failure to exercise any right or delay in exercising it shall operate as a waiver. No waiver of any provision is effective unless in writing.
23.6. Cumulative Rights and Remedies
Rights and remedies under these terms and conditions are cumulative and not exclusive.
23.7. Confidentiality
Parties must keep these terms and conditions strictly confidential, except as required for enforcement, with prior written consent, or by applicable law.
23.8. Entire Agreement
These terms and conditions and the booking form constitute the entire agreement between the parties, superseding any previous agreements.
23.9. Variation
No variation or amendment to these terms and conditions is valid unless in writing and signed by authorised representatives of both parties.
23.10. Third-Party Rights
Except as specified in these terms and conditions, third parties have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term, except for the model, who is entitled to enforce these terms and conditions.
23.11. Governing Law
These terms and conditions are governed by English law, and the parties submit to the exclusive jurisdiction of the English Courts.