client agreement | terms and conditions
nxt|MODEL (“Agency”) will provide for you (“Client”) personnel for your booking in accordance with these terms and conditions, unless such be varied in writing by agreement between the parties.
confirmation
No job shall commence until Agency receives confirmation of Client’s agreement to the booking details and the terms and conditions stated herein.
payment
A 50% booking deposit is required. Payment may be requested in advance for travel/accommodation expenses. Final payment is required within 30 days of invoice. A finance credit charge of 18% APR will be added to all invoices not settled within the payment terms.
cancellation fees
If a booking is cancelled within three working days of the starting time the full fee will be charged.
If a booking is cancelled outside of the three day period but within five working days of the starting time, 50% of the fee will be charged. With cancellations or alterations relating to events, Clients will be required to cover all costs incurred by nxt|MODEL up to the cancellation date and a Management Fee.
full and half day rates
Our half day rate covers 0-4hrs; our full day rate covers up to 8hrs. Overtime is charged after 8hrs and is agreed between the agency and client.
provisional bookings
Provisional bookings will automatically be cancelled if they are not confirmed within 48 hours of the proposed booking or if a definite booking is offered and the provisional booking cannot be confirmed.
“weather permitted” bookings
If a booking is “weather permitting” this must be made clear at the time of booking. At the first cancellation, half the fee is charged unless the client fails to cancel in time to prevent the models attendance, in this situation the full fee is payable. At the second cancellation the full fee is charged.
model release
The models release/promotion form/booking voucher must be signed by the model and client at the end of every booking.
fashion shows
Payment of the agreed fee confers the right to make use of models’ services on the catwalk for the specified show and the right to use photographs and videos of the show for reporting purposes only. Any other usage must be negotiated at the time of booking.
video
The normal daily rate will apply for videos plus a buy-out to be negotiated.
copyright
The photographer, not Client, holds copyright to images. A release form must be signed by the photographer. All usage must be stated prior to the assignment and fees must be negotiated with nxt|MODEL for further usage.
additional fees
To be agreed at the time of booking: Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings including electronic imaging) for all known or anticipated purposes other than the initial permitted use (e.g. for packs, swing tickets, record covers, show-cards, posters etc.) unless otherwise agreed in writing, the ‘permitted use’ cover editorial, experi-mental or press advertising.
exclusion fees
A special fee will be negotiated when the work is in conjunction with a product which preludes work for competing products. It is Client’s responsibility to check whether conflicting work has been done. If a model advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
test photography
A photographer is not entitled to use test/experimental photographs for commercial purposes unless specific arrangements have been made in writing with the agency prior to the photographic session.
dissatisfaction procedure
In the event that Client is not satisfied with Personnel provided by Agency, Client must notify Agency within the first 90 minutes of the event starting. If Client does not so notify Agency, Client shall be deemed to have accepted the Personnel and Agency will accept no liability in respect thereof and Client shall not be entitled to reject the Personnel or claim a discount.
complaints
Any cause for complaint should be reported to Agency when it arises. Complaints cannot be considered in retrospect.
liability
Agency shall not be liable for any loss suffered by Client.
restrictions on direct engagement of agency staff or subcontractors
Client agrees not to directly employ Agency’s staff within 6 months of the last day of the booking. If the Client does em-ploy or engage Agency Personnel, Client will be liable to pay Agency a commission at its then current rates.
mixed agency bookings
In the event that models from other agencies are working on the same assignment providing the same service as models from nxt|MODEL, nxt|MODEL reserves the right to charge at the same rate as the other agency.
storage of uniform
Where Agency is responsible for looking after uniform for Client, Agency reserves the right to charge Client for any storage, maintenance and carriage costs which may be incurred, having given reasonable notice to Client.
insurance
The agent is not responsible if the model fails to attend the booking. While a replacement or refund will be offered, the client is advised to insure against any loss which might result if the model does not keep a booking because of ill health or some other reason.
law
These terms and conditions and the contract between Agency and Client governed by these terms and conditions shall be governed by State of Colorado and the parties agree to submit to the exclusive jurisdiction of the Colorado Courts.
financial
Client agrees to keep all financial issues strictly confidential and agrees to only discuss rates with the Agency.
meal allowance
The client is responsible for providing a meal for models on all full day bookings.
