Please read our terms and conditions found below before applying for representation or confirming a booking.
Models & dancers wanting to apply to join the agency need to email a head and full length image, vital statistics and full contact details with details of any industry experience and links to showreels and video footage of your act.
Models & dancers wanting to apply to join the agency need to email a head and full length image, vital statistics and full contact details with details of any industry experience and links to showreels and video footage of your act.
The Pink Elephant Agency, Beverley, East Yorkshire HU17 0HP T 07883563931 www.thepinkelephantagency.co.uk
Follow us on FACEBOOK
Follow us on FACEBOOK
Terms & Conditions
Clients
The Pink Elephant Agency Client Terms & Conditions
The Pink Elephant Agency Terms & Conditions
Clients are requested to carefully read the following terms and conditions which must be strictly adhered to at all times.
We request that you read our business terms prior to calling the agency for a quotation. Please note that the following is
standard practice with all our clients. We would expect standard agency rules to apply to each booking undertaken with
The pink elephant agency.
CONFIDENTIALITY
The client or any associates of the client must never make any bookings directly with Pink elephant personnel during the
campaign or at any time after the event.
The client or any associates of the client must not ever approach Pink elephant’s personnel direct. The client must never request
The agency personnel’s telephone numbers, address or email address during the campaign or at any time after the event. Or
indeed supply the agency personnel with their contact telephone number, address or email address. The client must not
befriend Impact personnel on social networking sites.
Fees and prices are not to be discussed with the agency personnel.
FEES
For model bookings
All fee are based on an 8 hour day unless otherwise stated including a 1-hour lunch break.
Models may be booked for a full day, a half-day or hourly. Extra half hours or parts of hours shall be paid at half the hourly rate. Expenses will be added where appropriate for travel, accommodation and food but these will be discussed during the booking process. Fitting fee’s will be charged at half the hourly rate. Dancers an performers may be charged at a standard fee for the event and not on an hourly basis but all quotes will be clarified when booking.
On the day/evening of an assignment if you require the agency personnel to work out of the designated hours overtime will be charged at time and a half the hourly rate.
For promotion personnel
Each assignment will be quoted for individually depending on length of assignment and duties required please check
with agency for rates. Expenses will be charged accordingly but this shall be agreed at the time of booking.
On the day/evening of an assignment if you require the agency personnel to work out of the designated hours you will be charged time and a half the hourly rate.
PAYMENT
All invoice amounts to be paid direct to Michelle Blackford at The Pink Elephant Agency and not directly to agency personnel unless the agency agrees to this at the time of booking. In all cases the client responsible for commissioning the work will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the
time of booking. Where payment for title to a models photographic image, reproduction, drawing or any adaptation
thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT. Speak to the agency at the time of booking for a quote for buying exclusivity to use images after one year from the shoot date.
All invoices to be settled with 30 days from the date of the invoice. Interest will be added at a rate of 5% per calendar
month on all overdue invoices.
New clients may be asked to pay a percentage of the invoice prior to the job date but this will be discussed at the time of booking.
USAGE (for model bookings only)
Unless otherwise agreed, in writing, the permitted use for photographs is for editorial, or press advertising for up to one year from the shoot date and EXCLUDES posters, packaging, display material (i.e. showcards, point of sale, swing tickets etc.), CD, video and DVD
covers and stills in commercials. An additional rate is payable for each of the above categories. The client is responsible
for negotiating the additional fees for each of these categories before use can commence.
Exclusivity fees
Unless agreed otherwise the model/performer is supplied to the client by the Agency on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client. An additional fee will need to be agreed when the use of the model's image or the model/performers service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific exclusivity) basis which precludes supplying services or allowing the use of the model's image for competing and/or particular sector of products or within a particular territory. A model can supply services to and allow use of the model's image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client's responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.
CANCELLATION
The client must give at least 48 hours notice to cancel, failure to do so will result in half the booking fee being charge and if the cancellation is made on the personnel’s arrival the full booking fee will be charged.
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.
In 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.
Weather related cancellations
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.
Model/performer care and safety
The clients shall ensure that the agency personnel is treated with respect and professionalism and that the client takes all steps necessary to 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:
ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the agency personnel to provide the services in compliance with all health and safety standards, regulations, codes and laws;
allowing the agency personnel to take suitable and regular rest periods, to ensure they are able to maintain suitable amounts of rest and refreshment whilst delivering the services;
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;
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;
ensuring that no one imposes upon the agency personnel any action or activity which is either dangerous, degrading, unprofessional or demeaning to them;
ensuring that the services are delivered and the personnel is treated in accordance with The Association of Model Agents' Code of Practice;
providing the model/performer with an appropriate changing and dressing area to ensure that they can prepare for the provision of the services and also maintains his/her privacy.
Always include a credit as "model's/performers name" @ "the Pink Elephant Agency", wherever a credit is applied.
Warranties
The client warrants and represents to the Agency that:
it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
the booking confirmation is executed by a duly authorised representative of the client;
it will take all steps necessary to ensure that the agency personnel is protected and treated in accordance with all applicable laws, good industry practice;
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;
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 agency personnel is suitably prepared and able to perform the services.
FASHION SHOWS
Catwalk bookings provide the client with 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. as set out in section 3b above) 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.
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.
Liability and insurance
No party excludes or limits its liability under these terms and conditions for:
death or personal injury caused by its negligence;
fraudulent misrepresentation;
any other type of liability which cannot by law be excluded or limited.
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:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
failure by the agency personnel to attend a booking for whatever reason;
damage to the client's reputation;
consequential, special or indirect loss or damage;
even if the Agency has been advised of the possibility of such loss or damage.
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:
cancellation insurance to protect against the potential liabilities which the Agency and the client may incur as a consequence of cancellation;
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;
travel insurance to cover the activities of the models whilst travelling to and from the location of the services.
Contract and authority
All matters relating to the use of the model's image, any other services supplied by the agency personnel 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/performers directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model's/performers signature on any document or the model's/performers purported verbal agreement to anything, that is not binding on the model/performer 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). 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 agency personnel provide a satisfactory and efficient service to clients, as the agent, the Agency cannot be held responsible for a model's/performers 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 agency personnel.
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.
Interpretation of terms and conditions
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).
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.
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.
For the purpose of these terms and conditions the words "agreed", means agreed in writing in the booking confirmation form signed or written in an email by duly authorised representatives from both the Agency and the client.
General
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.
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.
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.
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.
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.
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.
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;
to enable enforcement of the party's rights under these terms and conditions;
with the prior written consent of the other party;
as required by any applicable law.
These terms and conditions and the booking form/email confirmation, 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.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. 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.
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.
The Pink Elephant Agency Terms & Conditions
Clients are requested to carefully read the following terms and conditions which must be strictly adhered to at all times.
We request that you read our business terms prior to calling the agency for a quotation. Please note that the following is
standard practice with all our clients. We would expect standard agency rules to apply to each booking undertaken with
The pink elephant agency.
CONFIDENTIALITY
The client or any associates of the client must never make any bookings directly with Pink elephant personnel during the
campaign or at any time after the event.
The client or any associates of the client must not ever approach Pink elephant’s personnel direct. The client must never request
The agency personnel’s telephone numbers, address or email address during the campaign or at any time after the event. Or
indeed supply the agency personnel with their contact telephone number, address or email address. The client must not
befriend Impact personnel on social networking sites.
Fees and prices are not to be discussed with the agency personnel.
FEES
For model bookings
All fee are based on an 8 hour day unless otherwise stated including a 1-hour lunch break.
Models may be booked for a full day, a half-day or hourly. Extra half hours or parts of hours shall be paid at half the hourly rate. Expenses will be added where appropriate for travel, accommodation and food but these will be discussed during the booking process. Fitting fee’s will be charged at half the hourly rate. Dancers an performers may be charged at a standard fee for the event and not on an hourly basis but all quotes will be clarified when booking.
On the day/evening of an assignment if you require the agency personnel to work out of the designated hours overtime will be charged at time and a half the hourly rate.
For promotion personnel
Each assignment will be quoted for individually depending on length of assignment and duties required please check
with agency for rates. Expenses will be charged accordingly but this shall be agreed at the time of booking.
On the day/evening of an assignment if you require the agency personnel to work out of the designated hours you will be charged time and a half the hourly rate.
PAYMENT
All invoice amounts to be paid direct to Michelle Blackford at The Pink Elephant Agency and not directly to agency personnel unless the agency agrees to this at the time of booking. In all cases the client responsible for commissioning the work will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the
time of booking. Where payment for title to a models photographic image, reproduction, drawing or any adaptation
thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT. Speak to the agency at the time of booking for a quote for buying exclusivity to use images after one year from the shoot date.
All invoices to be settled with 30 days from the date of the invoice. Interest will be added at a rate of 5% per calendar
month on all overdue invoices.
New clients may be asked to pay a percentage of the invoice prior to the job date but this will be discussed at the time of booking.
USAGE (for model bookings only)
Unless otherwise agreed, in writing, the permitted use for photographs is for editorial, or press advertising for up to one year from the shoot date and EXCLUDES posters, packaging, display material (i.e. showcards, point of sale, swing tickets etc.), CD, video and DVD
covers and stills in commercials. An additional rate is payable for each of the above categories. The client is responsible
for negotiating the additional fees for each of these categories before use can commence.
Exclusivity fees
Unless agreed otherwise the model/performer is supplied to the client by the Agency on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client. An additional fee will need to be agreed when the use of the model's image or the model/performers service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific exclusivity) basis which precludes supplying services or allowing the use of the model's image for competing and/or particular sector of products or within a particular territory. A model can supply services to and allow use of the model's image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client's responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.
CANCELLATION
The client must give at least 48 hours notice to cancel, failure to do so will result in half the booking fee being charge and if the cancellation is made on the personnel’s arrival the full booking fee will be charged.
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.
In 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.
Weather related cancellations
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.
Model/performer care and safety
The clients shall ensure that the agency personnel is treated with respect and professionalism and that the client takes all steps necessary to 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:
ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the agency personnel to provide the services in compliance with all health and safety standards, regulations, codes and laws;
allowing the agency personnel to take suitable and regular rest periods, to ensure they are able to maintain suitable amounts of rest and refreshment whilst delivering the services;
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;
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;
ensuring that no one imposes upon the agency personnel any action or activity which is either dangerous, degrading, unprofessional or demeaning to them;
ensuring that the services are delivered and the personnel is treated in accordance with The Association of Model Agents' Code of Practice;
providing the model/performer with an appropriate changing and dressing area to ensure that they can prepare for the provision of the services and also maintains his/her privacy.
Always include a credit as "model's/performers name" @ "the Pink Elephant Agency", wherever a credit is applied.
Warranties
The client warrants and represents to the Agency that:
it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
the booking confirmation is executed by a duly authorised representative of the client;
it will take all steps necessary to ensure that the agency personnel is protected and treated in accordance with all applicable laws, good industry practice;
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;
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 agency personnel is suitably prepared and able to perform the services.
FASHION SHOWS
Catwalk bookings provide the client with 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. as set out in section 3b above) 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.
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.
Liability and insurance
No party excludes or limits its liability under these terms and conditions for:
death or personal injury caused by its negligence;
fraudulent misrepresentation;
any other type of liability which cannot by law be excluded or limited.
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:
loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
product recall costs;
failure by the agency personnel to attend a booking for whatever reason;
damage to the client's reputation;
consequential, special or indirect loss or damage;
even if the Agency has been advised of the possibility of such loss or damage.
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:
cancellation insurance to protect against the potential liabilities which the Agency and the client may incur as a consequence of cancellation;
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;
travel insurance to cover the activities of the models whilst travelling to and from the location of the services.
Contract and authority
All matters relating to the use of the model's image, any other services supplied by the agency personnel 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/performers directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model's/performers signature on any document or the model's/performers purported verbal agreement to anything, that is not binding on the model/performer 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). 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 agency personnel provide a satisfactory and efficient service to clients, as the agent, the Agency cannot be held responsible for a model's/performers 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 agency personnel.
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.
Interpretation of terms and conditions
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).
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.
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.
For the purpose of these terms and conditions the words "agreed", means agreed in writing in the booking confirmation form signed or written in an email by duly authorised representatives from both the Agency and the client.
General
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.
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.
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.
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.
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.
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.
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;
to enable enforcement of the party's rights under these terms and conditions;
with the prior written consent of the other party;
as required by any applicable law.
These terms and conditions and the booking form/email confirmation, 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.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. 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.
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.
Members
The Pink Elephant Agency Members Terms & Conditions
The Pink Elephant Agency members are requested to carefully read the following terms and conditions which must be strictly adhered to at all times. These apply to all agency members.
All members on submitting images or media of any kind give the agency full reproduction rights and in doing so lawfully accept and abide to all the agency terms and conditions set and modified at any time by the agency
Confidentiality
Under no circumstances may members share their personal contact details with a client, this includes adding them as a contact on social networking sites, email addresses and telephone numbers. All bookings and agreements must be between the agency and the client.
Fees and prices are not to be discussed with the clients or other personnel.
If you leave or are dismissed from the agency you may not approach any of the clients you have worked for through the agency for at least 12 months.
Payment
The rates of pay will be discussed between the agency and agency member prior to the job and before confirmation.
The final amount will be confirmed including the agency commission already deducted.
The agency is not liable to pay any members until the agency has been paid by the client.
The agency aims to pay members within 30 days of the assignment ending and will keep members updated on any delays in payment.
The agency will invoice clients on your behalf.
The member is self employed and liable for paying their own income tax, national insurance contributions and public liability insurance where required.
The agency will not be held liable if the member fails to comply with the above mentioned.
The model give the agency the right to re negotiate with the client any variations in the rate of payment without any liability to the model whatsoever.
Liability
The agency will not accept responsibility or accept liability for loss, costs, claims or proceedings incurred by the member to either persons or property at any time while working, travelling to or from or in any connection with any assignment whatsoever.
Cancellation of assignments
The member must give at least 48hours notice to the agency if they cannot attend their assigned booking and if a no show costs the agency, the member will be liable for any losses.
Performance
It is the members responsibility to:
Ensure the assignment is fulfilled to the clients order and satisfaction
Be punctual for assignments
Ensure the member has the specified wardrobe and accessories agreed for the assignment
Ensure the member fulfils the assignment as specified in the contract or agreement and accepts any costs resulting from any deviation from the assignment contract/agreement.
Not bring the agency into any disrepute and will be a professional representation of the agency at all times
Arrive at assignments 30 minutes prior to the start time of the booking.
Update the agency regularly with recent images, statistics and contact details.
Notify the agency about any significant change of appearance before accepting an assignment particularly modelling.
Maintain the standard of performance, skill and looks as when accepted into the agency.
Give potential clients the agency contact details when approached for work in Hull or in a 20 mile radius.
Reproduction rights
All images and details reproduced in association with the agency are supplied by the individual member with full consent and permission to be used on the website, internet marketing, promotional materials and sent to clients.
Agency loyalty Pledge
The agency encourages members to join numerous agencies to broaden their work opportunities but it is forbidden to join another local agency in Hull and within a 20 mile radius of the city or a national agency which operates in Hull and a 20 mile radius. This exclusivity will encourage clients to use our agency as we only represent the areas very best models and entertainers.
If any member is approached for work independantly they may accept the work but all bookings and payments must come through the agency.
Under no circumstance may an agency member approach the agency's clients directly for work or accept work directly from a client of the agency. If the member is in any doubt if the company or individual are an agency client ask the agency first. Any one seen to be undercutting or going direct to a client may have there representation terminated or in some cases the issue may result in court.
Any member wishing to end their representation with the agency must send an email to Michelle at info@thepinkelephantagency.co.uk and await a cancellation confirmation email. On receipt of this the member will no longer be representated by the agency but still may not approach our clients for 12 months.
Termination of representation
The agency has the right to terminate the members representation at any time without notice but without unfair reason. This may be due to no or low bookings made by clients for the member. Full description of the reason will be available on request. The member may apply to reassign at a later date but restrictions and further terms may apply.
Grievances
During or after the assignment the client has the right to contact the agency with details of any grievances that they feel applicable to that member on that assignment. The client in their discretion may reduce the payment of the members fee in respect of the agency being an employment agency.
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.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The member acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and the member and accordingly the member shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
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.
Definitions
The following words/phrases shall have the following meanings
Assignment - Any work of any description which the member obtains either directly or indirectly through the agency
Agency - Where ever this is stated it means the pink elephant agency
Member - Any model, performer, creative artist or other person represented by the agency
Client - Any company, partnership, sole trader, association or organisation notified by the agency to the member. The client is the hires.
Terms & condition as of 01/6/2006
www.thepinkelephantagency.co.uk
Tel: 07883563931
The Pink Elephant Agency members are requested to carefully read the following terms and conditions which must be strictly adhered to at all times. These apply to all agency members.
All members on submitting images or media of any kind give the agency full reproduction rights and in doing so lawfully accept and abide to all the agency terms and conditions set and modified at any time by the agency
Confidentiality
Under no circumstances may members share their personal contact details with a client, this includes adding them as a contact on social networking sites, email addresses and telephone numbers. All bookings and agreements must be between the agency and the client.
Fees and prices are not to be discussed with the clients or other personnel.
If you leave or are dismissed from the agency you may not approach any of the clients you have worked for through the agency for at least 12 months.
Payment
The rates of pay will be discussed between the agency and agency member prior to the job and before confirmation.
The final amount will be confirmed including the agency commission already deducted.
The agency is not liable to pay any members until the agency has been paid by the client.
The agency aims to pay members within 30 days of the assignment ending and will keep members updated on any delays in payment.
The agency will invoice clients on your behalf.
The member is self employed and liable for paying their own income tax, national insurance contributions and public liability insurance where required.
The agency will not be held liable if the member fails to comply with the above mentioned.
The model give the agency the right to re negotiate with the client any variations in the rate of payment without any liability to the model whatsoever.
Liability
The agency will not accept responsibility or accept liability for loss, costs, claims or proceedings incurred by the member to either persons or property at any time while working, travelling to or from or in any connection with any assignment whatsoever.
Cancellation of assignments
The member must give at least 48hours notice to the agency if they cannot attend their assigned booking and if a no show costs the agency, the member will be liable for any losses.
Performance
It is the members responsibility to:
Ensure the assignment is fulfilled to the clients order and satisfaction
Be punctual for assignments
Ensure the member has the specified wardrobe and accessories agreed for the assignment
Ensure the member fulfils the assignment as specified in the contract or agreement and accepts any costs resulting from any deviation from the assignment contract/agreement.
Not bring the agency into any disrepute and will be a professional representation of the agency at all times
Arrive at assignments 30 minutes prior to the start time of the booking.
Update the agency regularly with recent images, statistics and contact details.
Notify the agency about any significant change of appearance before accepting an assignment particularly modelling.
Maintain the standard of performance, skill and looks as when accepted into the agency.
Give potential clients the agency contact details when approached for work in Hull or in a 20 mile radius.
Reproduction rights
All images and details reproduced in association with the agency are supplied by the individual member with full consent and permission to be used on the website, internet marketing, promotional materials and sent to clients.
Agency loyalty Pledge
The agency encourages members to join numerous agencies to broaden their work opportunities but it is forbidden to join another local agency in Hull and within a 20 mile radius of the city or a national agency which operates in Hull and a 20 mile radius. This exclusivity will encourage clients to use our agency as we only represent the areas very best models and entertainers.
If any member is approached for work independantly they may accept the work but all bookings and payments must come through the agency.
Under no circumstance may an agency member approach the agency's clients directly for work or accept work directly from a client of the agency. If the member is in any doubt if the company or individual are an agency client ask the agency first. Any one seen to be undercutting or going direct to a client may have there representation terminated or in some cases the issue may result in court.
Any member wishing to end their representation with the agency must send an email to Michelle at info@thepinkelephantagency.co.uk and await a cancellation confirmation email. On receipt of this the member will no longer be representated by the agency but still may not approach our clients for 12 months.
Termination of representation
The agency has the right to terminate the members representation at any time without notice but without unfair reason. This may be due to no or low bookings made by clients for the member. Full description of the reason will be available on request. The member may apply to reassign at a later date but restrictions and further terms may apply.
Grievances
During or after the assignment the client has the right to contact the agency with details of any grievances that they feel applicable to that member on that assignment. The client in their discretion may reduce the payment of the members fee in respect of the agency being an employment agency.
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.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The member acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and the member and accordingly the member shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
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.
Definitions
The following words/phrases shall have the following meanings
Assignment - Any work of any description which the member obtains either directly or indirectly through the agency
Agency - Where ever this is stated it means the pink elephant agency
Member - Any model, performer, creative artist or other person represented by the agency
Client - Any company, partnership, sole trader, association or organisation notified by the agency to the member. The client is the hires.
Terms & condition as of 01/6/2006
www.thepinkelephantagency.co.uk
Tel: 07883563931