Terms & Conditions
Terms & Conditions
Definitions: "Artist" relates to Mrs Nicola Campbell (Nicky Campbell); "Client" relates to any person booking the Artist for engagement.
Unless agreed otherwise, booking fees provide an entitlement and right for the client to use the images via a single published medium for one year from the date of the booking, in the United Kingdom only, for the initial permitted use. Please note that such permitted use and entitlement is strictly subject to payment in full of all fees owed to the Artist.
A ‘day’ is an 8-hour period including one hour for lunch, between 09.00 and 18.00 (usually 9am to 5pm or 10am to 6pm) An extra hour between 9am and 6pm is charged at the normal rate - the appropriate overtime rate is charged only before 9am or after 6pm. Any booking which is over 4 hours will be charged at the full day rate. Booking fees are charged by the day or by the hour.
Overtime rates apply at any time in excess of any 8 hour period including any time outside 09:00 and 17:00 or 10:00 and 18:00. Monday to Friday and on all bookings lasting longer than 8 hours. Overtime rates will be charged as follows:
Work on Saturdays between 09:00 and 24:00 and between 18:00 hours and 24:00 hours on Mondays to Fridays (excluding bank and public holidays) is charged to the client at one and a half times the standard hourly rate.
A special rate is negotiated for night work between 2400 hours and 0900 hours.
Work on Sundays and bank and public holidays is charged to the client at double the standard hourly rate.
Travel expenses will be paid at the discretion of the the Artist in agreement with the Client . Travel expenses will be calculated at 45pence per mile from the Artist's home address or agreed accommodation to the location of the shoot.
Fittings will be charged at £75 for the first hour then £30 for every hour after that unless the client agrees a special rate with the Artist prior to the booking taking place.
Additional fees are payable for the right to use the Artist'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 or anticipated purposes other than the initial permitted use e.g. packs, posters, showcards, record covers, swing tickets etc. Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the permitted use or uses or purposes agreed between the Artist and the client. Under no circumstances will each additional usage fee be less than the model's advertising day rate as determined by the Artist.
Additional fees are also payable for the right to use the Artist's image or reproductions etc for all known or anticipated territories other than the United Kingdom. Unless otherwise agreed the additional fees cover the right to use one image for one year or one season (as determined by the Artist at the date of booking) from the date of booking, in the territory or territories agreed and stipulated. Under no circumstances will each usage fee be less than the Artist's advertising day rate as determined by the Artist unless determined otherwise by the Artist.
On all invoices payment is required to be made by the client within 60 days of the date of the invoice. In all cases, the person booking the Artist is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Artist reserves the right in their 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. All fees for usage are for the right to use the Artist's image and, once agreed, are payable whether or not the right is exercised. Unless the Artist specifically agrees otherwise, in writing, no usage for the Artist's image is permitted until payment is made in full. The Artist reserves the right to alter payment terms if it deems appropriate, prior to booking.
If the client fails to pay in full on the due date any amount which is payable to the Artist, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.
Unless agreed otherwise the Artist is supplied to the client on a non-exclusive basis and the Artist 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 Artist's image or the service to be supplied by the Artist in relation to a product is required on an exclusive or semi-exclusive (for example sector specific exclusivity) basis which precludes supplying services or allowing the use of the Artist's image for competing and/or particular sector of products or within a particular territory. The Artist can supply services to and allow use of the 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 Artist has undertaken or is booked to undertake any conflicting work.
Provisional bookings will be automatically cancelled if they are not confirmed by the client within 24 hours of the proposed booking.
Cancellation of booking by the Client
Within 24 hours of the booking call time the full booking fee will be charged and payable by the client unless the Artist is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the client.
Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then 50% of 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.
Cancellation of booking by the Artist
Should the Artist wish to cancel a booking then she shall use reasonable endeavours to provide the client with reasonable notice and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
In any event the Artist shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover to protect against such cancellation and any associated liability.
Weather related cancellations
On the first occasion of cancellation 50% of the booking fee is charged and payable by the client unless the client fails to cancel in time to prevent the Artist'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.
Clients are responsible for the provision of all meals and beverage requirements of the Artist's (taking into account dietary requirements) whilst the models are providing services to the client on all bookings.
Artist care and safety
The clients shall ensure that the Artist is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and well being of the Artist is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the Artist to provide the services in compliance with all health and safety standards, regulations, codes and laws;
allowing the Artist to take suitable and regular rest periods, to ensure the Artist is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the Artist whilst the Artist is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client;
ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
ensuring that no one imposes upon the Artist any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Artist;
ensuring that the services are delivered and the Artist is treated in accordance with The Association of Model Agents’ Code of Practice; and
providing the Artist with an appropriate changing and dressing area to ensure that the Artist can prepare for the provision of the services and also maintains her privacy.
The client warrants and represents that:
it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
the booking form is executed by a duly authorised representative of the client;
it will take all steps necessary to ensure that the Artist is protected and treated in accordance with all applicable laws and good industry practice,
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
it will promptly disclose to the Artist 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 Artist to ensure that the she is suitably prepared and able to perform the services.
Music videos, Promotional films
All fees will be negotiated, structured and paid by the client for 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.
Intellectual property rights
The photographer and/or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any images for any usage beyond that are agreed. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the client is not the photographer, the client is to draw all these terms and conditions to the attention of the photographer and procure his agreement to them before the shoot commences.
All rights not expressly granted to the client under these terms and conditions are hereby reserved to the Artist. In particular, the client acknowledges and agrees that the Artist is the owner or licence holder of all commercial rights and intellectual property rights and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Artist other than the rights specifically granted to the client under these terms and conditions.
Liability and insurance
No party excludes or limits its liability under these terms and conditions for:
death or personal injury caused by its negligence;
fraudulent misrepresentation; or
any other type of liability which cannot by law be excluded or limited.
The Artist limits their liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of the Artist for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Artist;
the Artist shall not be liable for:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
damage to the client’s reputation; or
consequential, special or indirect loss or damage; even if the Artist has been advised of the possibility of such loss or damage
The client shall effect and maintain (and shall require its ultimate client, if any, to maintain) throughout the continuance of this terms and condition insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under these terms and conditions.
These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.
No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorised representative of each party.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The client acknowledges, accepts and agrees that the Artist has entered into these terms and conditions for the benefit of itself and the model and accordingly the model shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
The parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.