2. Permitted use – In general, booking fees cover the day rate, additional usage fees should be negotiated.
3. Daily/Hourly Rate – Booking fees are charged by the day or by the hour. By booking an artiste you agree to paying the fee to the agency.
4. Overtime – Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
a. The overtime rate is one-and-a-half times the daily rate between 18.00 and 24.00 hours.
b. A special rate is negotiated for night work between 24.00 and 09.00 hours.
c. Work on Saturdays is at one-and-a-half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.
5. Travel – Travel will be charged at half the hourly rate: this applies to travel outside a 5 mile radius of Hyde Park Corner (i.e. Chiswick in the West, Golders Green and Highgate Village in the North, Mile End in the East, Streatham Hill and Tooting Bec in the South.
6. Fittings – Fees for fitting are charged at half the hourly rate with a minimum two hour booking.
7. Location Bookings – If an artiste on location is prevented from returning to London to work – half the daily fee is to be paid. (N.B. when a location booking is made the client must provide information about transport there and back).
ADDITIONAL FEES – To be agreed at the time of booking
8(a). USAGE. Additional fees are payable for the right to use the artistes image (or reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated purposes other than the initial media permitted use (e.g. Packs, Posters, Show cards, Record Covers, Swing Tickets etc.). Reproductions may not be used until all fees are paid in full.
8(b). TERRITORY. Additional fees are also payable for the right to use the artistes image (or reproductions, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any wording or drawings) for all known or anticipated territories.
9(a). USAGE. 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 per 8(a) above.
9(b). TERRITORY. 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 bookings per 8(b) above.
10(a). All bookings excepting Equity Contract TV Commercials: Both agency fees and artiste fees will be invoiced by the agent. VAT and any agreed expenses will be added where appropriate.
10(b). Equity Contract TV Commercials: the fee negotiated by the agent is the artist’s fee from which the agency commission will be deducted. VAT and agreed expenses will be added where appropriate.
On all invoices payment is required within 30 days of date of invoice. In all cases the person booking the artiste 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’ (i.e. designer/manufacturer/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.
All payments must be made to Simon & How. Direct payments to the Artiste must be notified to the Agency immediately. The Agency has obtained the consent of all Artistes to enter into contracts and accept payments on their behalf.
12. Exclusion Fees.
A special fee will be negotiated when the work is in conjunction with a product which precludes work for competing products. It is the CLIENT’S responsibility to check whether conflicting work has been done. If an artiste advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
13.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.
14. If a booking is cancelled within one working day of the starting time the full fee will be charged unless the same artiste is re-booked within 24 hours in which case half the fee will be charged. If a booking is cancelled outside the one day period but within two working days of the starting time then half the fee will be charged. Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between artiste and client.
15. Weather Permitting Bookings.
At the first cancellation, a half fee is charged unless the client fails to cancel in time to prevent the artiste’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.
16. Clients are responsible for artiste’s meals on all bookings outside the London area (see 5.)
17. For all videos the normal daily rates will apply PLUS a buy-out to be negotiated.
TEST & EXPERIMENTAL PHOTOGRAPHY
18. A Photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.
19. The client is not entitled to use any of the images he takes for any usage beyond that agreed under sections 2, 8, 9 above. The client to this extent agrees to restrict use of his copyright.
20. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
21. The agency will accept no responsibility for any other expenditure unless authorised by us in writing.
22. All fees are to be negotiated only with Simon & How.
23. Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for an artiste’s conduct on an assignment. It is the clients responsibility to arrange insurance if indemnity is required against an artiste’s inability to attend through sickness or unforeseen circumstances.
24. Our service
Clients should always use their own judgement in deciding whether to cast or audition artistes. We shall not be liable under any circumstances for the actions of any artiste.
25. Unpaid work
If your brief is for unpaid/lowpaid work, you warrant that you are not in breach of any relevant law from time to time in force including, but not limited to, the law relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to obtain proper legal advice regarding your obligations and responsibilities.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Simon & How to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member’s acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. scallywags.co.uk’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.
28. Intellectual Property
Materials contained on this website are protected under copyright and other laws of the UK and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of Simon & How for any reason without our express written permission
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.
Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.