Terms and Conditions Terms and conditions Client terms and conditions for models and promotional staff All clients must read terms and conditions carefully prior to booking. As required by department of employment regulations Creative Image Academy booking form containing the terms of the booking must be signed and returned by the client PRIOR TO BOOKING. Terms: means the Terms and Conditions of business for Creative Image Academy as set out in this document. Company: means Creative Image Academy Client: means any person, organisation or company who approaches the Company with a view to placing an order for Services. Services: means the provision of services as defined in the Cost Estimate. Cost Estimate: means the document supplied by the Company to the Client that defines the service to be provided and the Fees to be paid. Fees: the fees shall be payable in sterling. Payments On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. Creative Image Academy reserves the right to invoice the ‘ultimate client’ [i.e. 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 the invoice. All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless Creative Image Academy specifically agrees otherwise, in writing, no usage for the model’s image is permitted until payment is made in full. Creative Image Academy reserves the right to alter payment terms if it deems appropriate prior to booking. An order number must be given at the time of the booking. Promotion assignments: All invoices to be met within 7 days from the finish of work carried out. All queries relating to the Company’s Invoices must be made in writing within 14 days of the date the Invoice was raised. The Client accepts that the Company shall be entitled to charge the Client interest on any late payment on the sum outstanding on the invoice at a rate of 8% per annum above the 8% Bank of England base rate. Liability, Insurance and Indemnity Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly with: standard working day will always be 8 hours. Any hourage incurred after this time will be charged to the client at a rate previously agreed between both parties. a) the introduction or supply of a Creative Image Academy Person to the Client or with any failure by the Company to introduction or supply of a Creative Image Academy Person for all or part of the period of the Assignment. b) failure of the Creative Image Academy Person to meet the requirements of the Client for all or any of the purposes for which he or she is required by the Client. c) Any act or omission of a Creative Image Academy Person whether wilful, reckless, fraudulent, dishonest or otherwise. In consideration of the Company entering into an agreement with the Client into which these Terms and Conditions are incorporated, the Client hereby undertakes to indemnify the Company in respect of any and all liability of the Company for any loss, injury, damage, expense or delay suffered or incurred by: a) a Creative Image Academy Person howsoever caused; b) by the acts or omissions of a Creative Image Academy Person whether wilful, reckless, fraudulent, negligent, dishonest or otherwise; c) by the Company as a result of any act or omission of the Client, provided that this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly out of or in any way connected with the relevant Assignment. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the charges payable to the Company hereunder and shall accept risk and/or insure accordingly. Neither models nor Creative Image Academy hold Insurance cover for models at assignments and clients should make arrangements with their Insurers. It is the client’s responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to Health & Safety known to the client must be discussed with Creative Image Academy at the time of the booking. The client is responsible for the model’s safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the models health and safety when the model is traveling, or providing services, in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model. The Company is not responsible if the model fails to attend the booking. The client is advised to insure against any losses which might result if the model does not keep a booking because of ill health or some other reason. MODELS RIGHT TO PRIVACY Personal details and statistics for Creative Image Academy models are displayed on this site for information purposes only. By using this site you agree to adhere to each Model’s right to privacy – users are NOT entitled to use any information supplied in any way other than directly associated with the hire, and consideration of hire, of the model. The client shall not at any time employ persons introduced to them by Creative Image Academy without our knowledge and consent. OBLIGATIONS OF THE CLIENT The Client shall specify its requirements by providing full details of the Assignment for which the Creative Image Academy Person is required on or before Confirmation of Order. The Client shall not allow any Creative Image Academy Person to undertake any activities outside the scope of the Assignment notified to the Company in accordance with our terms and conditions. Any subsequent amendments to the details of the Assignment must be agreed with the Company in writing and the Company will communicate any agreed changes to the Creative Image Academy persons. The Client hereby undertakes to comply with all obligations, duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing those relating to the place, nature or system of work) in any way arising from or directly or indirectly connected with the Assignment undertaken by the Creative Image Academy Person. The Client undertakes that, in the event of the Client engaging any Creative Image Academy Person directly, whether for a definite or indefinite period, within 6 months of the date of the last Assignment under which the Creative Image Academy Person worked on behalf of the Client, the Client shall pay to the Company an introduction fee of 50% of the last Assignment fees in respect of the Creative Image Academy Person. SITE FUNCTION creativeimageacademy.co.uk is provided on an ‘as is’ basis Creative Image Academy makes no guarantees that the site (creativeimageacademy.co.uk) will be fully functional or available at all times. No liability will be accepted for errors and omissions in creativeimageacademy.co.uk content or that the content is up to date. Miscellaneous These Terms shall be governed by and construed in accordance with the laws of England and Wales. If any provisions of these conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. If a model on the books of Creative Image Academy agrees to have their shots posted on creativeimageacademy.co.uk, the shots will appear on the website for a minimum of one year. THE WORKING DAY & FEES All fees are for the U.K. only for a 12 month period from the date of the booking. A working day is 8 hours including 1 hour lunch, standard rate is charged until 6.00pm. Models may be booked hourly (min 2), half day (4 hours) or day (8 hours). Parts of hours shall be charged at half the hourly rate. Clients are responsible for models meals on full day bookings. OVERTIME Before 9.00am and after 6.00pm. a) The rate between 7.00am & 9.00am or after 6.00pm is time and a half. b) Saturdays – The rate is time and a half. c) Sundays – The rate is double time. OTHER SERVICES Additional fees are also payable for other services supplied by the model, for example, personal appearances for PR purposes, trade show presentations, catwalk rehearsals etc. Fees for such services will be negotiated on an individual basis. FITTING FEES The first hour of fittings will be charged at the normal photographic rate. Every hour thereafter will be at £50 per hour. Fees for catwalk fittings will be negotiated on an individual basis. TRAVEL TIME: will be charged at £5 per hour on bookings outside the centre of Birmingham, or for models traveling in specifically for your booking as agreed. PERMITTED USAGE Unless otherwise agreed in writing the permitted use for photographs is Editorial, Experimental, Brochure, Direct Mail and Press advertising only. Fees apply to U.K. only for a period of 12 months from the date of booking. Foreign usage fees are subject to separate negotiation ADDITIONAL IMAGE USAGE RIGHTS It is the clients responsibility to negotiate additional rates for any other usage rights required including Web Site, E-marketing, Posters (in any format), Billboards, Packaging, P.O.S (display material – internal & external), Swing Tickets, C.D. / DVD / Video sleeves etc. No models photographs may be used for any of the above unless all fees have been agreed and paid to the agency. Usage Fees apply to U.K. for a period of 12 months from the date of booking. Foreign usage fees are subject to separate negotiation EXCLUSION FEES A special fee will be negotiated when the use of the model’s image or the service to be supplied by a model in relation to a product is required on a basis which precludes supplying services or allowing the use of the model’s image for competing products. A model can supply services to and allow use of the model’s image by any competitor unless an exclusion fee is negotiated. It is the client’s responsibility to check whether conflicting work has been done. FASHION SHOWS Catwalk bookings give the right to make use of a model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc) is for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required that must be negotiated at the time of the booking. TESTS AND EXPERIMENTAL PHOTOGRAPHY A photographer is not permitted to use test and experimental photographs for commercial purposes unless specific written arrangements have been made with the agency. TV BOOKINGS / COMMERCIALS Equity rates apply – contact Creative Image Academy for further information. WEATHER PERMITTING BOOKING First cancellation at half fee (unless model arrives at a booking through the client’s failure to cancel in time). Second cancellation is at full fee. PROVISIONAL BOOKING Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed. CANCELLATION FEE Bookings cancelled within 24 hours of the start of the booking will be charged at full fee; if the same model is re-booked within 24 hours then half the fee will be charged. If a booking is cancelled within 48 hours of the start time half fee will be charged. A cancellation period equal in length to the booking must be given for assignments over 1 day – otherwise the full fee will be charged. COMPLAINT PROCEDURE If a photographic model is unsuitable Creative Image Academy must be notified immediately or the full fee will be charged. If any person in a promotional capacity is unsuitable Creative Image Academy must be notified within the first 2 hours or the full fee will be charged. In both cases we shall be pleased to find replacements. Complaints cannot be considered unless the above has been complied with. Complaints can not be considered in retrospect CLIENTS PRIVACY creativeimageacademy.co.uk does not collect any personal or private information about you with the following exceptions which apply to registered users only: Personal Details – When registering with creativeimageacademy.co.uk you may choose to supply us with your name, company or email address. The ONLY personal details you are obliged to supply is a valid email address. Details are stored in our database and are only accessible by Creative Image Academy and creativeimageacademy.co.uk developers. These details will not be sold, traded or otherwise supplied to any person/s outside of Creative Image Academy. Email Address – Upon registering your email address is stored on our database and can only be accessed Creative Image Academy and creativeimageacademy.co.uk developers. Your email address is used to email you information about news and promotional emails from Creative Image Academy.