OVERVIEW:
Talent (hereinafter referred to as “Talent”) is required to read the following terms and conditions prior to signing a talent agreement with Agency. Agency rules will apply to each confirmed booking with Everything Formals Model Management, LLC (hereinafter referred to as “Agency”).
TERMS & CONDITIONS
Everything Formals Model Management, LLC is a booking agent for a variety of Talent needed by independent third parties (hereinafter referred to as “Client”). The following are general booking terms and conditions for our Talent. These terms and conditions are agreed between Agency and Talent. Agency will advise and counsel Clients in the selection or consideration of Talent. Agency agrees to engage Talent to perform services on a continuing basis on behalf of Client. Said services will be generally described and agreed upon prior to performance. Talent agrees to perform such services under these terms and conditions in performance agreement. It is further understood and agreed that Agency is only acting as an agent, and is not an employment agency.
Talent grants permission for Agency to use Talent’s name, image, likeness, photo, and written statements for publicity, promotion, public relations, and copyright purposes. For the purpose of photo release only, there is no expiration date.
CONTRACT
In order for Agency to represent and promote Talent, you may be required to have a signed Talent Agreement on file. Although Agency offers a non-exclusive contract, Agency strictly enforces a non-compete policy. Contract shall be enforced until Talent desires to terminate this contract; at which time, Talent is required to notify Agency in writing of their desire to terminate the contract. Therefore, if either party decides that they no longer desire to work with one another, there is a two (2) year no direct or indirect contact cause enacted with ANY past or current Agency clients. This includes but is not limited to all Clients attending the following events or any other Agency events: America's Mart World of Prom, America's Mart VOW, Dallas Market Center The One, Chicago Merchandise Mart National Bridal Market, Style Max, as well as New York The Knot, New York Coterie, Melange de Blanc and New York One Fine Day, along with any other pop-up show or event our Clients may be present. Talent may request an updated listing of clients/ designers that attend these events at any time. Contract may also be terminated at any time by Agency; at which time, Agency is required to notify Talent in writing that the contract is being terminated and reasons for termination.
Contract shall be enforced until Talent desires to terminate this contract; at which time, Talent is required to notify Agency in writing of their desire to terminate contract. Contract may also be terminated at any time by Agency; at which time, Agency is required to notify Talent in writing that the contract is being terminated and reasons for termination. If Agency must institute legal action for breach of contract or these terms and conditions, Talent shall pay all reasonable attorney’s fees and costs of pursuing said action and shall be subject to liquidated damages of $2,000.00.
OPTIONAL ONE-TIME ADMINISTRATIVE FEE
Talent may agree to pay an optional one-time administrative fee of $50 (fifty dollars) which covers the cost of resizing Talent photos, adding Talent profile to the website www.everythingformals.com, along with Agency updating Talent profile as needed. If Talent chooses not to pay the administrative fee, Agency will still represent Talent; however, Talent profile will not be added to Agency website. The administrative fee can be paid via PayPal at Agency@everythingformals.com and is non-refundable. Once administrative fee is received, Agency will add Talent profile to website within 72 business hours.
DUTIES OF TALENT
Talent agrees to perform any and all services generally performed by Talent in the representation of Client’s business as requested by Client and necessary for completion of the project according to the plans for the project. Talent agrees to exhibit a high degree of professionalism at all times while working for Agency and at all times when Talent is in the presence of Client. Talent shall not be required to perform nudity, dangerous, immoral or unlawful acts. Talent is required to tag Agency Instagram account in their bio. Agency Instagram is @EFModelManagement. Talent is required to tag Agency social media account @EFModelManagement for any and all content taken during the duration of the event.
BOOKING AGREEMENT
Employment of Talent shall be at the days/times as set forth in the performance/booking agreement if applicable. Talent agrees to each event to arrive on time, adhere to lunch and break schedules, and leave at designated time. Talent is required to notify Agency promptly for any reason that may cause Talent to be late or miss the event. Agency requires Talent to call no less than one (1) day prior to show time if there is a problem completing the assignment. Talent agrees that failure to complete the assignment will result in loss of part or all fees earned. Booking hours are subject to change; therefore, Agency cannot be responsible for the differential pay for less hours worked.
COMPENSATION / AGENCY FEE
As compensation for the services provided and duties performed under the performance agreement, Agency shall pay Talent according to the time worked from signed time sheet. Agency shall receive twenty percent (20%) - twenty-five percent (25%) of the gross amount actually received, directly or indirectly, by or on the behalf of Talent. Agency charges Clients $50 per night (included in the day rate) to cover accommodations; therefore $50 is deducted automatically from Talent day rate to cover lodging. All Talent Performance agreements indicate Talent gross pay and Talent net pay otherwise known as take home pay. It is never okay to discuss pay with Client or other Talent doing so will result in immediate termination. Furthermore, Talent understands that they will receive payment 30-45 business days after the completion of the booking once Agency receives payment from Client for work performed by Talent. Talent is performing the specified services as an independent contractor. Client shall direct Talent as to the place and times of performance of the services. Talent agrees to perform any and all services generally performed by Talent in the representation of Client’s business as requested by Client and necessary for completion of the project according to the plans for the project. Payments cannot be made without a W-9 on File for Talent.
Talent understands all payments MUST go through Agency accounting department. Agency works very hard to make sure that all procedures are followed regarding invoicing and collection of payments. If a Client sends Talent the payment instead of Agency, Talent agrees to send that check immediately to Agency office. Failure to do so may result in legal action.
Talent understands that time sheets are required daily and accepted electronically and via email. Time sheets are available at the bottom of Agency website www.everythingformals.com. If Talent is submitting through email at the end of the event, take a picture of the time sheet and email it to agency@everythingformals.com. Talent understands that without a time sheet Talent may not get paid and that payments can be delayed. Talent should always keep a copy of their time sheet. Time sheets need to be neat and legible!
Talent understands that if they work less than 4 hours the day rate will be prorated for that day. Likewise, if Talent arrives late or leaves early, their rate will be prorated. Additionally, if a Client cuts Talent early, their rate will be prorated per the time they actually worked that day. A Client reserves the right to release Talent at any time regardless of reason. Since booking hours are always subject to change, Agency cannot be held responsible for the differential in pay for days/hours not worked.
If Talent moves, changes address or changes their name, etc. Talent is responsible to inform Agency of this change. If Talent does not inform Agency, Talent risks their payment being delayed or tax forms being delayed. Agency has been paying through direct deposit.
ACCOMMODATIONS
Talent understands that lodging will be provided for Talent traveling over 45 miles from their primary residence to the event. Check in is the day prior to Talent start date at approximately 3pm and check out is the end date of their booking at approximately 11am. Should Talent need to extend their accommodations past the check out date and time, Agency will try to accommodate Talent requests for the rate of $50 per night. Agency charges Clients $50 per night (included in the day rate) to cover accommodations; therefore $50 is deducted automatically from Talent day rate to cover lodging.
CANCELLATIONS
If our Client and/or agency has paid for travel (airfare and/or accommodations) and Talent does not fulfill their entire agreement, Client/ Agency has the right to be reimbursed by Talent for any and all expenses prior to releasing Talent compensation. Client/Agency has the right to be reimbursed if Talent has been pre-paid travel or hotel booked on behalf of Talent.
CONFIDENTIALITY / NOT TO SOLICIT
Talent agrees that if contacted by Client of the Agency, Talent will refer such contact to the Agency. Talent acknowledges that Agency will and has devoted time and expense to the development, promotion, and placement of Talent, including, but not limited to, matching skills and personal characteristics of Talent to specific assignments for Clients of the Agency. Talent agrees that for a period of two (2) years from date of termination of contract, Talent shall not solicit any past, present or prospective Clients of the Agency to hire or employ Talent directly. Talent shall not accept any direct employment from any past, present or prospective Client for showroom, runway, print, convention, promotional, or any employment in which the employment does not involve the placement services of the Agency. In the event Talent accepts a job with any past, present or prospective Client of the Agency, Talent is in breach of this covenant. For each such incident, Talent shall pay to the Agency their usual and customary Agency fees of twenty percent (20%) of the gross amount paid to Talent for such services rendered.
Furthermore, Talent shall not exchange contact information with any past, present or prospective Client. This shall include, but is not limited to, phone numbers, email, Facebook, Instagram, mailing address, etc. Only business cards of Agency may be given to Clients while at an Agency casting/event.
MOST IMPORTANT: If Talent is ever asked for their personal information, Talent must give out Agency contact information only. They must not give out their personal information. Comp cards, business cards, etc. are forbidden at Agency events. It is prohibited for Talent to give out their personal contact information (phone, email, social media accounts, address, etc.) to a Client! Doing so may result in immediate termination.
CONTENT USE
All photography, filming or images captured (content) during any assignment of Agency becomes the property of the agency. The Talent agrees that the agency will own all rights that exist in the content created from any booking / assignment of Talent from any referral of Agency. Any image used without written authorization or prior approval from the agency will be deemed unauthorized use and will be subject to legal proceedings.
For the avoidance of doubt, we require Clients pay additional fees for the right to use the Talent’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, Instagram, Facebook, MySpace, YouTube, Flickr, Blogs or other social networking websites or media.
TALENT CARE AND SAFETY
Clients shall ensure Talent is treated with respect and professionalism, taking all steps necessary to ensure that the safety, health and well-being of Talent is protected and maintained at all times.
These steps include, without limitation:
· Ensuring the venue for provision of services and working conditions are safe and secure, allowing Talent to provide services in compliance with all health and safety standards, regulations, codes and laws.
· Allowing Talent to take suitable and regular rest periods, to ensure they are able to maintain suitable amounts of rest and refreshment while delivering the services.
· Providing adequate levels of insurance coverage to safeguard the health, safety and future earnings of Talent while delivering the services and traveling to and from the Client’s venue as if he/she were an employee.
· Ensuring all people and organizations engaged by the Client in relation to delivery of services are suitably qualified, experienced and professional.
· Ensuring that no one imposes any action or dangerous, degrading, unprofessional or demeaning behavior upon Talent.
· Providing Talent with an appropriate changing and dressing area to ensure they can prepare for the provision of the services while maintaining his/her privacy.
· Talent shall take all precautions necessary for the safety and prevention of damage to property on the site where performance of services is to be rendered. Additionally, Talent shall take all precautions for the safety and prevention of injuries to any other person, including Clients or employees or any third party on the work site.
COMPLAINTS
Any cause for complaint should be reported back to Agency immediately during the course of the booking. Complaints cannot be considered and/or dealt with effectively after the booking has been completed. Talent is asked to document complaints in the form of photos or video recordings along with any other means of documentation. Complaints will not be considered in retrospect. Upon signing any agreements, bookings, confirmations or contracts, Talent agrees to indemnify Agency and its employees and/or agents, against any legal claims, liability and responsibility in regards to any damages arising out of, or in connection with Client or the relationship established by the accepted agreements, bookings, confirmations or contracts, between Talent and Agency.
BUSINESS TRANSITIONS
Businesses sometimes go through transitions, such as merging with another company or being acquired by another company. If that happens, Talents personally identifiable information and any contracts between Talent and Agency that are securely stored by Agency are considered a business asset that belongs to Agency and will be assigned to the new partner or owner. If that happens, Agency will provide a prominent notification on our website informing Talent of the change in ownership or change in control of Talent personal information. The notice will be displayed continuously for 30 days.
GOVERNING LAW
If Talent has any dispute with Agency, Talent agrees that before taking any legal action, they will give Agency an opportunity to resolve the issue by providing us written notice describing all the circumstances surrounding Talent dispute. Talent agrees to send agency written notice by certified or registered mail to: Everything Formals Model Management, LLC, 16053 SE 100th LN, Ocklawaha, FL 32179 USA.
Talent use of this website means that Talent agrees to resolve any dispute or controversy according to the laws of the State of Florida which shall govern any conflict and shall have exclusive jurisdiction over all claims. Talent also agree that venue is proper in Florida courts located in Marion County, Florida.
THESE TERMS AND CONDITIONS, ALONG WITH TALENT’S TALENT AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THIS SUPERSEDES ANY PREVIOUS AGREEMENT OR ARRANGEMENT BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.