Clients are required to read the following terms and conditions prior to calling us for a quotation. Agency rules will apply to each confirmed booking with Everything Formals Model Management, LLC (hereinafter referred to as “Agency”).
TERMS & CONDITIONS
The following are general booking terms and conditions for our Clients. These terms and conditions are agreed between the Agency and the Client. The Agency will advise and counsel the Client in the selection or consideration of Talent. It is further understood and agreed that the Agency is only acting as an agent, and is not an employment agency.
AGENCY SERVICE FEE
A twenty percent (20%) - twenty-five percent (25%) agency service fee is added to each booking and is included in the negotiated talent rate unless otherwise noted on your Booking Confirmation. Client understands that lodging will be provided by Agency for Talent traveling over 45 miles from their primary residence to the event. Client day rates include $50 per night to cover accommodations. The total booking charges are due in full within 30 days from the invoice date and are non-refundable. Interest will be added to past due invoices. All payments are invoiced by the Agency to the Client and will be paid to the Agency. Payments are not made directly to the Talent. In all cases, the person booking the talent 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', (ex. designer/manufacturer/owner that Client represents. 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. If the Agency must institute legal action for breach of contract, Client shall pay all reasonable attorney’s fees and costs of pursuing said action and shall be subject to liquidated damages of $2,000.00.
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.
A Booking Confirmation is a binding contract provided by the Agency stating the Talent’s rate, job title and working hours applicable to the specific booking. This must be signed by the Agency and Client. Bookings are binding by both parties. The Booking Confirmation should be signed 72 hours prior to the first day of booking. Agency reserves the right to withhold services to Client until Booking Confirmation is signed. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions set forth in the Booking Confirmation and they shall apply to and govern the booking between Agency and Client.
All booking details are provided in the booking confirmation. Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the agency has agreed to such amendment and/or variation in advance and confirmed such agreement by signing 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 and the booking confirmation form, the terms set out in the booking confirmation form shall prevail.
FULL DAY RATES are based on any CONTINUOUS 4.01-9 hour increment between the hours of 8am-8pm including a 1-hour meal break and 2 fifteen-minute restroom breaks. Client is responsible for Talent’s meals on all bookings exceeding 6 hours. HALF DAY RATES are based on any CONTINUOUS 4 HOURS OR LESS between the hours of 8am-8pm. Call time for all Talent is 15 minutes prior to scheduled working hours unless otherwise agreed. Working hours begin with the arrival of the model at the agreed location of event excluding the 15-minute call time.
Set prep such as makeup and hair are considered part of the workday. Talent must be paid for the hours stated on the booking confirmation regardless of early completion. In the event a booking takes longer than the hours originally booked, all session rates and/or overtime rates will apply.
All Talent rates are negotiated separately. Any usage fees are to be discussed with the Agency at the time of booking and any unauthorized “re-usage” by Client for a period exceeding one year shall be billed to Client automatically.
If booking exceeds 9 hours in any given 24-hour period, overtime rates will be charged at one-and-a-half times the hourly rate. If booking begins or finishes before 8am or after 8pm, overtime rates will be charged at one-and-a-half times the hourly rate.
The Client is responsible for transportation of talent to the and from the booking location unless other arrangements are made. The Agency shall be entitled to recharge the cost of the transportation procured for the Talent if transported by agency. Client will make a health and safety assessment of the location, notifying the Agency of any potential risks and how these have been mitigated.
TALENT CARE AND SAFETY
The Client shall ensure Talent is treated with respect and professionalism, taking all steps necessary to ensure that the safety, health and well-being of the 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 the Talent to provide services in compliance with all health and safety standards, regulations, codes and laws,
· Allowing the 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 the 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.
A deposit is required for any booking in which the agency pays travel expenses on behalf of Talent, or Talent incurs travel expenses prior to event. If deposit is not received by due date, the talent(s) may be released and the booking may be canceled.
Travel time will be charged at half the Talent's hourly rate, and will be charged for Talent traveling over 40 miles from venue or event.
Clients are responsible for meals for all bookings over 6 hours.
All photography, filming or images captured (content) is to be used for the purpose specified in the pre-approved the Agency Booking Confirmation submitted by the Client. For the purpose of the Booking Confirmation, content will include any media such as, but not limited to print advertising, editorial, billboards, websites (commercial or otherwise) and television must be negotiated and authorized by the Agency prior to booking being confirmed and will form material obligations within the Booking Confirmation. In general, the confirmed booking and usage fees cover the right to use the content for the purpose for one year from the date of the booking.
It is agreed between the parties that rights provided herein are not granted to the Client until payment in full is received. Until such time as all payments owed are made, the Client agrees that to the extent it can legally provide, the agency will own all rights that exist in the content created from the booking. 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, additional fees are payable 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.
Payment of the agreed fee confers the right to make use of Talents’ services on the catwalk / runway for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be negotiated at the time of the booking before use can commence.
CONFIDENTIALITY / NOT TO SOLICIT
The Client or any associates of the Client must never make any bookings directly with the Agency Talent, refer Talent to a third party or future employ Talent directly that Client was introduced to, associated with or booked by the Agency during the campaign or at any time after the event. It is the Client's responsibility to make sure any Talent is not represented by Agency by checking our website for a Talent profile prior to booking Talent independently. Client will not book any Talent that is listed on our website directly, refer Talent to a third party or future employ Talent directly. Client must contact Agency to book any of our Talent for any and all positions including but not limited to production crew, marketing, sales, fit modeling, print, showroom, social media content creation or any other position within the Client organization. The Client or any associates of the Client must never directly approach the Agency’s Talent, request Talent’s telephone numbers, social media accounts, addresses or email addresses during the campaign or at any time after the event. The Client must not befriend the Agency’s Talent on social networking sites or discuss fees and prices with Talent.
All Talent have binding contracts with our agency which include a (2) year non-compete no-contact clause after termination; therefore, it is agreed that Client will not contact any of our past Talent for a period of two (2) years from the date of termination. It is also agreed that upon termination of services between Client and Agency, Client will not contact any of our past or present Talent for a period of two (2) years.
Unless otherwise agreed in the booking confirmation, the Talent is supplied to the Client by the Agency on a non-exclusive basis. 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. Additional fees apply 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 a particular sector of products or within a particular territory. The Talent can supply services to and allow use of their 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 Talent supplied has undertaken or is booked to undertake any conflicting work.
Any cause for complaint should be reported back to the Agency immediately during the course of the booking. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Client is asked to document complaint in the form of photos or video recordings. Complaints will not be considered in retrospect. Upon signing any agreements, bookings, confirmations or contracts, the Client agrees to indemnify the 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 the Talent chosen or the relationship established by the accepted agreements, bookings, confirmations or contracts, between the Client and the Agency.
Cancellation of booking by the Client
Within 72 hours of the booking call time the full booking fee will be charged and payable by the Client. Outside 72 hours of the booking call time but within 120 hours of the booking call time of the booking date - half the booking fee will be charged and payable by the Client. If a trip or booking of three days or more in duration is canceled within 14 days or less, then the full fee will be charged. Any travel expense incurred by Talent or Agency prior to cancellation by Client will be charged and payable to the Client regardless of date of cancellation.
Cancellation of booking by the Agency
The Agency shall use reasonable endeavors to provide the Client with reasonable notice in the event of a cancellation by taking steps to offer to the Client a suitable and/or substitute replacement while taking other reasonable steps to avoid cancellation. 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. The Client will procure the necessary insurance coverage with a reputable insurance provider to protect against such cancellation. Any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.
Cancellation or delay of booking by FORCE MAJEURE
The Agency 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 or Talent including without limitation an accident, illness or delay of public transportation, 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.
Holding a Talent will be automatically canceled unless confirmation is received within 24 hours from the time the hold is requested.
WEATHER RELATED CANCELLATIONS
On the first occasion of cancellation half the booking fee is charged and payable by the client unless the client fails to cancel in time to prevent the talent'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.
Businesses sometimes go through transitions, such as merging with another company or being acquired by another company. If that happens, Clients personally identifiable information and any contracts between Client 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 Client of the change in ownership or change in control of Client personal information. The notice will be displayed continuously for 30 days.
If Client has any dispute with agency, Client 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 Client dispute. Client 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.
Client use of this website means that Client 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. Client also agree that venue is proper in Florida courts located in Marion County, Florida.
THESE TERMS AND CONDITIONS, ALONG WITH THE BOOKING CONFIRMATION 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