Standard Terms and Conditions for Booking Models and Talent
The following confirms the standard booking terms and conditions related to the buying client’s (“Client”) engagement of individual Models and Talent (“Talent”) to provide Talent services, unless otherwise and specifically agreed before a booking is confirmed.
Any Talent Release or additional Talent Service Agreements that Client requires a Talent to sign must be provided to Vie Model & Talent Agency (“Vie”) for review and approval on Talent’s behalf at least two (2) business days prior to the first work day. It is acknowledged that certain of the Standard Terms and Conditions herein may be replaced and superseded by the terms of any Talent Release/Agreement executed between the Client and Talent for the specific project. However, any Standard Terms and Conditions not superseded by the Talent Release/Agreement will remain in effect. Client is requested to provide copies of any signed final Talent releases or agreements to Vie for filing purposes.
Initial Permitted Usage and Talent Fees
Unless agreed otherwise before a booking is confirmed, Talent and Agency fees provide the Client with a right to use still images or video footage bearing the Talent’s likeness for one (1) year from the sooner of either the date of first use or three (3) months after date of production, in the United States only, for only the initial permitted usage purposes agreed at the time of booking. Any subsequent additional use of the Talent’s name or likeness will be subject to Talent approval after good faith negotiation regarding reasonable additional compensation. Any such permitted use is strictly subject to payment in full of all fees due in connection with the booking.
Talent fees may be charged by the day, hour, or in some cases, as flat fees, in addition to usage fees agreed in connection with the licensed right to use the Talent’s name or likeness. Standard hourly rates are charged during Monday to Friday between 8:00AM and 6:00PM. Any booking which is over five (5) hours will be charged at the day rate.
Overtime rates will apply at any time in excess of 8 hours for Print and 10 hours for Film and Video engagements outside of 8:00AM and 6:00PM Monday to Friday excluding weekends and Federal Government Holidays. Overtime rates will be charged as follows:
- The overtime rate is one and a half (1.5x) times the daily rate for hours worked beyond 8 hours for Print and 10 hours for Film and Video engagements, and not to exceed 12 hours in any given 24 hour period, including breaks and any hair/make-up preparation.
- The overtime rate is double (2x) the daily rate for hours worked beyond 12 hours in any given 24 hour period, including breaks and any hair/make-up preparation.
- A special rate is negotiated when a call time is between 6:00PM and 8:00AM.
- Work on Saturday is at one and a half (1.5x) times the normal rate.
- Work on Sundays and Federal Government Holidays is at double (2x) the normal rate.
Travel Day Compensation
Travel days will be charged at half (50%) the hourly or daily rate. This applies to travel requiring a flight or more than two (2) hours travel by car to the shoot location, unless negotiated separately at the time of Booking Confirmation.
Local Shoot Travel Expenses
The standard Federal mileage rate will be charged for any bookings requiring Talent to travel fifty (50) miles or more to the shoot location, unless a flat travel fee has been mutually agreed to in advance.
Travel Expenses for Location Bookings
When a Talent is booked for a location shoot, the Client will provide (either pre-paid or reimbursed expenses) for air travel, ground transportation to/from airport, and hotel accommodations with each Talent to have their own room, unless other arrangements are agreed prior to production. In addition, should Talent be required to take gear on a flight for a shoot, any standard airline fees for additional baggage or odd-shaped/oversized baggage will be pre-paid or reimbursed by the Client.
No per diem will be necessary should Client provide talent with 3 meals per Shoot Day or Down Day. A $25 per diem is payable for any day that Client provides only Dinner, and $35 per diem for 2 meals. If Client provides no meals, the standard per diem is $50 per Travel, Shoot, or Down day.
Fitting Fees are charged at $100 per hour + 20% agency fee, unless otherwise agreed at the time of booking confirmation.
Talent should not be asked to provide technical advice or consultation during a project unless this has been discussed as a specific component of their engagement and related compensation.
Most Favored Nations
To ensure that Talent are compensated fairly within the scope of production, Client agrees that its engagement of Talent represented by Vie will be on terms and conditions no less favorable than any other non-Vie represented Talent engaged by Client to provide the same or similar services in connection with the same production or use, unless otherwise agreed before the booking is confirmed.
Additional Usage, Services, and Talent Fees – To Be Agreed In Advance
Additional fees are payable for the right to use any still photographs or video footage featuring Talent’s likeness (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings) for any additional purpose(s) other than the initial Permitted Use defined and agreed prior to production. Such additional uses may include, but are not limited to, Internet, Out-Of-Home (OOH) advertising, Point of Sale materials, packaging, posters, tradeshow collateral, etc. Unless otherwise agreed before a booking is confirmed, any additional fees cover the right to use the image for one (1) year from the date of the booking, in the USA only, for the additional purpose or purposes agreed.
Additional Usage – Territory
Additional fees are also payable for the right to use any materials bearing the Talent’s name or likeness (or reproductions, or adaptations of, or drawings therefrom), either complete or in part, alone or in conjunction with any wording or drawings for all known or anticipated territories other than the United States.
Use of Talent’s Name
Additional fees are payable for the right to use the Talent’s name or any biographical references in connection with any purpose or usage by the Client. Fees for use of the Talent’s name will be negotiated on a case-by-case basis.
Other Talent Services
Additional fees are also payable for other services to be supplied by the Talent, for example, personal appearances for PR purposes or providing technical consultation during production. Fees for such services will be negotiated on a case-by-case basis.
Client’s Responsibility to Disclose
It is the Client’s responsibility to notify Vie as the Talent’s appointed agent and negotiate additional fees (including extensions of existing agreements) or any additional usage before such additional use is implemented.
A special fee must be negotiated with the Talent’s work is in conjunction with any products or services which precludes work for competing products or services. If a Talent advertises a product he/she will be available to work for any competitor unless an exclusion fee is negotiated.
All Bookings Except Union Contract Projects
Vie charges the Client a standard supplemental agency fee service charge of 20% on all Talent Fees for all projects except Union television commercials. Both Agency fees and Talent fees will be invoiced by Vie as authorized by the Talent. Other agreed expenses will be added as appropriate.
All Talent travel and any other expenses incurred by Vie on the Client’s behalf will be charged to the Client and will include an additional supplemental 10% Agency Fee.
International Wire Transfer Fees
The Client is responsible for paying any transaction fees charged by either the sending or receiving bank related to any international ACH wire transfer.
All amounts payable under these terms and conditions are exclusive of any sales tax and any other similar or equivalent taxes or duties which may be payable will be payable by the Client in addition to the gross Talent and Agency Fees agreed for the booking without set off by the Client.
TO COMPENSATE THE TALENT FOR THE POTENTIAL LOSS OF BOOKING OPPORTUNITIES DUE TO MAKING A SCHEDULE COMMITMENT, BOOKING CANCELLATION FEES WILL BE PAYABLE BY CLIENTS AS FOLLOWS:
- If cancelled less than the greater of either 24 hours or 1 business day before a start time (e.g. Cancelled on a Friday for a Monday shoot) = Full payment (100%).
- If cancelled less than the greater of either 72 hours or 3 business days before start time = 75% payment.
- If cancelled less than 7 business days prior notice = 50% payment.
Provisional Bookings (Holds) Cancellations
Provisional bookings (Holds) will be automatically cancelled if they are not confirmed within three (3) business days of the proposed booking or if a firm booking is offered and the provisional cannot be confirmed. Hold Cancellation fees will be payable by Clients according to the following policy:
- For a 1 Day Hold: if cancelled less than greater of either 24 hours or 1 business day before start time = 25% payment.
- For a 2 Day Hold: if cancelled less than greater of either 48 hours or 2 business days before start time = 25% payment.
- For a 3+ Day Hold: if cancelled less than greater of either 72 hours or 3 business days before start time = 25% payment.
Booking Disruption Due to Transportation Problems Outside Talent Control
In the event a Talent is late or unable to perform any part of a confirmed booking due to transportation problems outside their reasonable control, the Talent will still be compensated any agreed fees but the Client may reschedule the production to the extent it does not conflict with another pre-existing Talent commitment.
Other Cancellation by Talent
In the event that a Talent must cancel all or any part of a confirmed booking for any reason including, but not limited to, illness, unforeseen personal emergency, or overriding professional responsibility, neither the Talent nor Vie will have any liability for the expenses or losses incurred by the Client or any related third party from such cancellation. If a Talent is unable to complete a confirmed booking, Client agrees that Talent will be paid on a pro-rated basis for the work completed at the time of cancellation.
Weather Related Cancellation
On the first occasion of cancellation, half (50%) of the gross booking fee will be 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 (100%) will be charged and payable by the Client. On the occasion of the second cancellation and any subsequent cancellations the full booking fee will be charged and payable by the Client.
Other Payment/Billing Terms
Standard Payment Terms
Payment of all Talent and Agency Fees will be due in full within net 30 days of date of invoice. The person booking the Talent will be invoiced and solely responsible for payment, unless otherwise agreed at the time of booking. All fees are for the right to use any materials bearing the Talent’s likeness (still images or video footage) and once agreed, are payable whether or not the usage right is exercised. The right to use the materials (still images or video footage) is contingent and conditional upon payment of all agreed fees.
Late Payment Fees
Invoices unpaid after net 30 day period will be subject to a surcharge of 5% of the gross billing.
Intellectual Property Rights
The Client, Photographer and any other third party obtaining rights from or through Client is not entitled to use any images or video footage for any usage beyond that agreed at the time of booking. If the Client is not the photographer, the Client will procure the Photographer’s agreement prior to production to (1) restrict the use and exploitation of the copyright content of the photography or any other intellectual property rights and (2) strictly observe the terms and conditions herein.
All rights not expressly granted to the Client under these terms and conditions are hereby reserved to the Talent. In particular, the Client acknowledges that they shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Talent other than the rights specifically granted to the Client under these terms and conditions.
Test and Experimental Photography
A photographer is not entitled to use, or allow others to use, test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
Client Acknowledgement as Hiring Entity
Client acknowledges that Talent will not be employees or independent contractors of Vie and any employment or independent contractor relationship regarding Talent will be solely between the Talent and the Client as the entity hiring the Talent. Client agrees that the determination whether Talent will be classified as an employee or independent contractor is made solely by the Client, and Client releases Vie from any and all liability arising from any misclassification of Talent. Client understands that as the Talent’s agent, Vie shall have no responsibility for any obligations associated with employing the talent, including without limitation, payroll taxes, Coogan liabilities, income tax withholding, social security, unemployment or disability insurance deductions, or the talent’s conduct while employed by Client. Client further understands that Vie does not have the right to control or direct the professional services rendered by the Talent on any engagements and Talent are solely responsible for the quality and content of their professional services.
It is the Client’s sole responsibility to ensure that the production environment and conditions are safe for the Talent to perform their services.
Breaks, Facilities, and On-Set Food/Water
Sufficient hydration, food, changing and restroom facilities are required to be made available to Talent on all production sets (taking into account any Talent dietary requirements). Talent food breaks are required after five (5) hours, and will not be deducted from shoot/hourly rate.
Complaints and Disclaimer
Any cause for complaint must be reported by the Client to Vie on the Talent’s behalf as soon as any issue arises so that potential resolutions can be discussed. While Vie will use all reasonable endeavors to facilitate Talent bookings, as the Talent’s agent, Vie cannot be held responsible for a Talent’s conduct or behavior while delivering their Talent services and in this regard the Client releases Vie from any and all actions, causes of action, liens, claims, charges, judgments, obligations, demands, grievances, damages, costs, attorney fees, expenses, or liabilities of any kind or nature whatsoever, in law or in equity related to the behavior or conduct of any Talent.
All fees, terms and conditions related to a Talent engagement are to be negotiated only with Vie on Talent’s behalf as their appointed agent.