Client Terms and Conditions
TERMS BETWEEN Vision Models Ltd (Registered Number 5850607) whose registered office is at The Old Church,48 Verulam Road,St Albans,Herts AL3 4DH (hereinafter referred to as "the Company") AND the Client as hereinafter defined.
In these terms the following phrases shall bear the following meanings: “Applicant” any person placed by or through the Company with the Client to provide services to or for the Client or so registered for placement with the Company. “Assignment” the agreed period or periods during which the Company is required to provide or procure the provision of Services at the agreed locations details of which are annexed (or otherwise as agreed from time to time in writing by the parties) and form part of these terms. “Client” the person with whom the Company agrees to provide or procure the provision of goods and/or services during any Assignment. "Client Obligations" the specific obligations which the Client has agreed in writing to perform or procure the performance of in relation to any Assignment pursuant to these terms details of which are annexed (or otherwise as agreed from time to time in writing by the parties) and form part of these terms and which shall be without prejudice to the due observance and performance of these terms insofar as they relate to the Client. “Fees" the applicable sum agreed from time to time in writing between the Company and the Client for each Assignment "Existing Client" Any Client which is not a New Client "Introduction" shall be deemed to be effected when the Company provides to the Client sufficient information to identify the Applicant or any other legal or natural person which the Client may appoint or request the Company to introduce to the Client and the word “Introduce” shall be construed accordingly. "New Client" A Client which has not previously engaged the services of the Company, any subsidiary or holding company of that New Client (as that phrase is defined by section 736 of the Companies Act 1985) or any partner of that New Client in the case of a Client which is a partnership "Services" the goods and/or services which the Company has agreed in writing to provide or procure the provision of to the Client in relation to any Assignment pursuant to these terms details of which are annexed (or otherwise as agreed from time to time in writing by the parties) and form part of these terms. "Stock and Equipment" those items of stock and equipment details of which are annexed (or otherwise as agreed from time to time in writing by the parties) and form part of these terms.
The Client appoints the Company to provide or procure the Services in connection with and during the Assignment(s) upon the terms hereinafter appearing provided always that the Client shall as a condition precedent duly pay all sums reserved by these terms and duly observe and perform the provisions of these terms on the part of the Client. The Client hereby acknowledges that the Company shall not be liable for the suitability or otherwise of any venue event goods services Stock or Equipment or any other goods or services utilised in connection with the provision Services pursuant to these terms selected by or requested by the Client otherwise than upon the express written advice of the Company.
These terms shall constitute the entire agreement between the Company and the Client and shall apply to all agreements between the Company and the Client to the exclusion of all other terms including any terms which the Client may purport to impose under any Client purchase order or similar document. These terms shall be deemed accepted by the Client when the Client instructs the Company that it wishes to engage Applicants to fulfil an Assignment or that the Company shall otherwise provide or procure the provision of Services. Any variation to these terms must first be agreed in writing by the Company.
No job shall commence until the agency receives a Purchase Order from Client. This serves as the Agency’s confirmation.As required by Department of Employment regulations, Vision Models Ltd booking form contains the terms of the booking, and must be returned by the client, signed. Any amendment to the form by the client will not be valid unless by prior agreement by the Agency.
1.1 Permitted Use: In general, booking fees cover the right to use one image for one year from the date of the booking, in the UK only, for the initial Permitted Use.
1.2 Daily / Hourly Rate: Booking fees are charged by the day, half day or by the hour (minimum 2 hour booking)
1.3 Overtime: Overtime rates apply before 9am, after 6pm on all bookings over eight hours. MODELS shall not be required to provide services for more than eight hours per day to include 1 hour for lunch and breaks unless otherwise agreed between the Company and the Client and any hours so worked in excess of the aforesaid limits shall be charged at the hourly overtime rates then specified by the Company.
i) Overtime rate is one and half times the normal rate between 6pm and midnight.
ii)Rates are negotiated for work between Midnight and 9am.
iii) Saturdays rates are one and a half times the normal rate
iv)Sundays rates and Bank Holidays are at double the normal rate
1.4 Travel will be charged at half the hourly rate.
1.5 Fittings will be charged at half the hourly rate with the minimum of £45.00 per hour.
1.6 Location Bookings: The client must provide information regarding transport, hotel accommodation and subs if a model is booked away from their base of work. The client must provide transport there and back unless otherwise agreed.
1.7 Poster and Show card fees/pack and Media covers are subject to special
2.ADDITIONAL FEES - To be agreed at the time of initial enquiry.
2.1Usage: 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. Packs, Posters, Show Cards, Record Covers, Swing Tickets etc.). In general, the additional fees cover the right to use one image for one year from the date of the booking, in the UK alone for the purposes or purposes agreed.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 the Agency specifically agrees otherwise, in writing, no usage for the model's image is permitted until payment is made in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking
2.2Territory: Additional fees are also 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 territories other than the UK. In general the additional fees cover the right to use one image forone year from the date of the booking in the territory / or territories agreed.To be agreed after the time of booking
2.3 It is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of bookings as per 2.1 above.
2.4Territory: It is the clients responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 2.2 above.
2.5 Restrictions. The restricted use of the photographs will be negotiated by Vision Models at the time of the booking. The license to use the photograph is one year in the United Kingdom only for the initial permitted use. Any further usage including picture syndication to be negotiated and agreed in advance with Vision Models. The Usage, the Invoicing and the Copyright regulates this restriction
3.1All bookings expect Equity Contract TV commercials. the agency charges the client a supplement fee of 20% on all hourly, daily and usage fees. Both agency fee and models fees will be invoiced by the agent. Unless agreed at the time of booking the model disbursement is included at 66.66% and the agent's fee at 33.33% of the invoice total. Any agreed expenses and VAT will be added where appropriate.
3.2Equity Contract TV commercials: the fee negotiated by the agent is the artists fee from which the agency commission will be deducted at 20% of the invoice total. Any agreed expenses will be added where appropriate.
4.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS The photographer is not entitled to use any of the images s/he takes for any usage beyond that agreed under sections 2 The photographer to this extent agrees to restrict use of his copyright and, if the model agency client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain 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 Agency and/or the model as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the model and the Agency and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or the Agency other than the rights specifically granted to the client under these terms and conditions
5.TEST AND EXPERIMENTAL PHOTOGRAPHY A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic section.
6.FASHION SHOWSCatwalk bookings provide the client with the right to make use of
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. as set out in section 2) is exploited for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and the client will procure that they abide by these
conditions. If any other usage is required it must be negotiated and agreed with the
Agency at the time of the booking.
1. 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.
8.1 In all cases the person booking the model will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. We reserve the right to invoice the 'ultimate client' (ie: designer / manufacture / owner of the product in question. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
8.2 Unless otherwise previously agreed in writing by the Company the following payment terms set out in this clause 3 shall apply:
Company invoice value (exclusive of VAT) between £0.01 and £500.00
50% Fees payable on receipt of Client purchase order/confirmation before assignment commencement date. The remainder 50% is due within 28 days invoice date.
Overseas Clients (outside of UK) are 100% full money due before Assignment commencement date.
Company invoice value (exclusive of VAT) over £500.00
100% Fees payable on receipt of Client purchase order/confirmation before the said assignment commencement date.
8.3 All Fees shall be paid to the Company without any deduction or legal or equitable set off whatsoever.
8.4 All costs and expenses incurred by the Company or for which there is a commitment on behalf of the Client together with all applicable VAT or other relevant tax duty or impost thereon at any time and at all times shall be paid by the Client to the Company or as the Company shall otherwise direct on first demand at any time by the Company.
8.5 Without prejudice to the generality of the foregoing the Company reserves the right in its absolute discretion to require the payment of a deposit in such amount as the Company may specify where the Company has agreed to incur costs and expenses in connection with an Assignment on behalf of the Client
8.6 The Company reserves the right to charge an additional 1.35 per cent of Fees payable hereunder in respect of any insurances effected by the Company in connection with any Assignment.
8.7 The Company reserves the right to charge the Client interest at the rate of 8% above HSBC Bank plc base rate from time to time on the balance from time to time outstanding on all unpaid invoices from the due date to the date of payment, on a daily basis.
8.8 All sums payable hereunder are exclusive of VAT and the Client agrees in addition to pay all applicable VAT thereon.
8.9 Introductions made by the Company are confidential and the benefit of any Introduction made to a Client shall not be capable of assignment. Without prejudice to clause 7, should the Client refer any Applicant to any other person within the Client’s subsidiaries, or related companies or any other third party the Client shall forthwith thereafter from time to time become liable for payment of and pay to the Company £1000 exclusive of VAT for and upon the occasion of each and every engagement of the Applicant with or by any such subsidiary, related company or third party subsequently resulting within six calendar months of the Introduction of the Applicant to the Client.
8.10 The Client shall satisfy itself as to the medical history and health of the Applicant and shall be solely responsible for undertaking any medical examination and investigations which it may deem appropriate.
8.11 The Client hereby agrees undertakes and shall procure that neither the Client nor any principal of the Client with whom the Client has contracted to procure the Services of the Company pursuant to these terms shall directly or indirectly (either as principal or as agent) canvass or solicit any Applicant within 13 months from the date the Applicant ceases to provide Services in connection with any Assignment.
8.12 The client is not entitled to withhold any monies due to the Agent.
9.PROVISIONAL BOOKINGS Provisional bookings will be automatically cancelled if they are not confirmed by the client by signing the booking confirmation form within 24 hours of the proposed booking.
10.1 The Client may not cancel any Assignment unless such cancellation takes place before commencement of the Assignment and with the written consent of the Company which the Company may in its absolute discretion withhold without ascribing any reason therefor. The Client will immediately thereafter pay to the Company,without prejudice, an amount calculated as follows:
10.2 Where cancellation takes place by client more than 24 hour before the date specified for the commencement of the Assignment, but within 48hours 50% of the value of the agreed Fees, together with all applicable VAT thereon.
10.3 Where cancellation takes place by client less than 24 hours before the date specified for the commencement of the assignment, 100% of the value of the agreed Fees, together with all applicable VAT thereon.
10.4 Where cancellation takes place by client outside of the 48 hours but within 10 working days, 25% of fee will be charged.
10.5 Any deposit paid shall not be refunded in any circumstances where cancellation takes place within 48 hours of the specified commencement date
10.6 All Fees shall be paid to the Company without any deduction or legal or equitable set off whatsoever.
10.7 The full booking fee will be charged and payable by the client for bookings of more than three days duration. With a period equal to or less than the length of the booking,Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
10.8 Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. 10.9In 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 and the client will procure the necessary insurance cover to protect against such cancellation and any associated liability.
10.9 WEATHER 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 model'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
11.MODEL SAFETY.Clients must ensure that the model is treated with respect and professionalism.The client must ensure that the safety, health and well being of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation.
11.1 Venue-for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws.
11.2 Regular and adequate rest breaks.
11.3 Providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client
11.4 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
11.5 Ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
11.6 Ensuring that the services are delivered and the model is treated in providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
11.7 Clients are responsible for the provision of all meals and beverage requirements for the models providing services to the client on all bookings.
11.7 Including a credit as: ‘model’s name’ at Vision Model Management wherever a credit is applied.
10. WARRANTIES The client warrants and represents to the Agency that:
10.1 it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions
10. the booking form and all signed paperwork is executed by a duly authorised representative of the client
III) it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice and section 11.
IV) 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.
V) it will promptly disclose to the Agency 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 Agency to ensure that the model is suitably prepared and able to perform the services.
11 REPRODUCTION RIGHTS 11.1 All images and details reproduced in association with Vision Models are supplied by the individual model and with the full permission and consent of the individual model/associates. Vision Models cannot be held responsible for any loss howsoever caused through the model misrepresenting themselves in any way. 8.2 Permission. The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with Vision Models. Vision Models cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the models/associates by Vision Models. 8.3 Media Reproductions. Vision Models reserves all rights to reproduce in any media (electronic, telegraphic, print, etc) any images supplied to Vision Models by any individual model/associates
12. LIABILITY AND INSURANCE
12.1 No party excludes or limits its liability under these terms and conditions for:
12.2 death or personal injury caused by its negligence;
12.3 fraudulent misrepresentation; or
12.4 any other type of liability which cannot by law be excluded or limited.
12.5 The Agency limits its 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 Agency 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 Agency.
The Agency shall not be liable for:
I) loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings
II) product recall costs
III) failure by the model to attend a booking for whatever reason
IV) damage to the client’s reputation
V) consequential, special or indirect loss or damage
even if the Agency has been advised of the possibility of such loss or damage
12.6 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. Such insurance policies shall include without limitation
i)cancellation insurance to protect against the potential liabilities which the Agency and the client may incur as a consequence of the provisions of sections
ii) insurance to protect the model and the Agency should any damage, injury or loss be caused whilst the model is providing services to the client
i) travel insurance to cover the activities of the models whilst travelling to and from the location of the services.
13. CONTRACT AND AUTHORITY
All matters relating to the use of the model's image, any other services supplied by the model and all fees must be negotiated and agreed only with the Agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model's signature on any document or the model's purported verbal agreement to anything, that is not binding on the model or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).
14. COMPLAINTS AND DISCLAIMER
Any cause for complaint must be reported to the Agency by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst the Agency will use reasonable endeavours to ensure that the models provide a satisfactory and efficient service to clients, as the agent, the Agency cannot be held responsible for a model's conduct or behaviour whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.
15. FORCE MAJEURE
The Agency’s 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 including without limitation fire, floor 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.
16. INTERPRETATION OF TERMS AND CONDITIONS
16.1 For the purpose of the relationship between the client and the Agency the client acknowledges, accepts and agrees that the Agency is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by the Agency and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between the Agency and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of the Agency outside these terms and conditions which have induced the client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).
16.2 If there is any conflict between any of these terms and conditions and the booking confirmation form then the terms of these terms and conditions shall prevail without detriment to the remaining unaffected terms of booking confirmation form.
16.3 The booking confirmation forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the booking confirmation form.
16.4 For the purpose of these terms and conditions the words "agreed", subject to section 1, means agreed in writing in the booking confirmation form and signed by duly authorised representatives of both the Agency and the client.
17.1 If any of the terms, conditions or provisions of these terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.2 Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination.
17.3 Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally.
17.4 Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other's credit.
17.5 No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.
17.6 Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.
17.7 The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances;
(i) to enable enforcement of the party’s rights under these terms and conditions
(ii) with the prior written consent of the other party
(iii) as required by any applicable law.
17.8 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.
- The client acknowledges, accepts and agrees that the Agency 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.
17.9 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. We reserve the right to negotiate within the structure of these Terms and Conditions.
17.10. The Company and the Client shall deal with all items of Stock and Equipment as agreed between them from time to time in writing. Unless otherwise agreed in writing, the Client agrees to observe and perform all agreements for the hire leasing hire purchase or credit sale of Stock and Equipment supplied by the Company as if the Client were a party to such agreements in substitution to the Company on the date such agreements are made.
17.11.Any notice to be given hereunder shall be in writing and sent by pre paid recorded delivery registered post or facsimile to the other party at the respective addresses appended to these terms. All changes of address are to be notified to the other party within 48 hours of the change and thereafter all notices to be given hereunder shall be sent to such last notified address.
17.12 The relationship of the Company and the Client shall be that of Independent Contractors.
17.13 Any agreement governed by these terms shall be read, construed and take effect in accordance with the Laws of England and the parties hereto expressly agree to submit to the non exclusive jurisdiction of the English Courts.
17.14 Nothing in any agreement governed by these terms shall confer or purport to confer on any third party any benefit or the right to enforce any term of any agreement governed by these terms for the purposes of the Contracts (Rights of Third Parties) Act 1999.
18 CLIENT AND AGENT OBLIGATIONS
18.1 The Client agrees to cooperate with the Agent as may be required.
18.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Agent for the purpose of providing the Services for a period of six months following completion of the Services.
18.3 The Client shall ensure that all approvals are in place for any locations that may be used and is responsible for any transport costs of models to and from that location.
18.4 The Client shall provide all meals required by models on location.
18.5 The Client is responsible for the safety of any models who are providing Services according to the Booking Form and the Client shall ensure all health and safety obligations are adhered to and maintain an appropriate insurance policy to cover these requirements.
18.6 The Agent shall supply the Services as specified in the Booking Form.
18.7 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
18.8 The Agent will take all reasonable steps to provide personnel who behave in an acceptable manner but cannot be held responsible for any conduct of models that is unacceptable to the Client.
18.9 The Agent shall take all reasonable steps to ensure models attend bookings on time and for the agreed period but cannot be held responsible for models that are late or fail to attend a booking.
19 EXCLUSION FEE
19.1 In the event that the use of a Model’s Image is supplied on the basis that any competitor of the Clients shall not be permitted to also use the same model for a period of time then a special fee shall be payable from the Client to the Agent.
19.2 The Client is responsible for checking whether any historical work has taken place between a particular model and a competitor.
20.MIXED AGENCY BOOKINGS
In the event that models from other agencies are working on the same assignment providing the same service as models from Vision Models, Vision Models ltd reserves the right to charge at the same rate as the other agency.
1.1 The Website is owned by Vision Models LTD. You may access most areas of the Website without registering your details. Certain areas of the Website are only open to you if you register as a registered user and use the Website in accordance with these Terms.
1.2 By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you may not access and must leave the Website.
1.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
1.4 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
1.5 You may not create a link to this website from another website or document without Vision Models LTD prior written consent.
1.6 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
2.1 The content and information of the pages of this website is for general information only. It is subject to change without notice. We suggest you make direct contact with Vision Models LTD office before acting upon material on this site.
2.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You
acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.3 No element of the website or the Material may be taken out of context or presented in a misleading or discriminatory manner.
2.4 You agree not to modify, copy, reproduce, broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute in any way any portion of the Website or the Material
2.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, written copy, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
2.7 Apart from images licensed for use by the Company, including photographic images and content which is licensed by the Company from photographers, fashion houses and other third parties, the Website, its design and content including all text, information, still and motion video, audio and audio visual material, code and/or software and all intellectual property rights relating to the same (the “Material”) are owned by the Company
2.8 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.9 You may not create a link to this website from another website or document without Vision Models Ltd prior written consent.
2.10 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
2.11 You may not reproduce, adapt, upload, link, frame, broadcast, distribute, or in any way transmit the material on this site without the written consent of Vision Models, other than to the extent necessary to view the material or as permitted by law. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
2.13 The content of the pages of this website is for your general information and use only. It is subject to change without notice
2.14 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.15 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions
2.16 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
3. OWNERSHIP AND RESTRICTIONS
3.2 We may collect the following information: name and job title/contact information including email address/demographic information such as post code, preferences and interests/other information relevant to customer surveys and/or offers
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping.
· We may use the information to improve our products and services.
· We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
· We may use the information to customise the website according to your interests.
3.4 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
3.5 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
3.6 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
3.7 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
3.8 Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
3.10 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
3.11 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
4.1 When you submit your details to us via the website form, you warrant that all the details supplied, without limitation, your name and email address are correct and accurate and are over the age of 16 years old. Any applications or contact from a person under the age of sixteen must be accompanied with parental consent.
4.2 Vision Model Management reserves the right to charge an administration fee for representation, including name, vital statistics and images on the website. These charges will be agreed between the model and the agency prior to representation on the website.
5. Website disclaimer
5.1 The information contained in this website is for general information purposes only. The information is provided by Vision Models and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5.2 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of Vision Models. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Vision Models takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
6. Copyright notice
6.1 This website and its content is copyright of Vision Models- © All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system