Terms and Conditions.
All Models must read the below Terms and Conditions below before agreeing a contract.
The below Terms and Conditions are to be interpreted in accordance with the provisions set out in The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
1. Definitions
’Assignment’ means any services requested by a client in connection with any form of advertising, entertainment, leisure, marketing, or public relations activities that it is proposed that the Model undertakes
’Client’ means any third-party individual, partnership, company or other organization or entity which contracts with the Company with a view to procuring the services of the Model in respect of an Assignment.
’Company’ means Munchkin Models.
’Fees’ means the sums due to you from a client in respect of an Assignment pursuant to clause 6.1.
’Model’ means yourself should you accept the Company’s Offer of Representation.
’Models’ means any Model who has accepted an Offer of Representation from the Company.
’Offer of Representation’ means an offer made to a Model by the Company to always represent the Model for the Term subject to the Terms and Conditions below with a view to securing Assignments with Clients.
’Online Publication’ means the system whereby images of the Models and relevant information is placed on a secure website operated by the Company for the benefit of Clients whereby Clients have access to such Models’ images and relevant information with a view to procuring Assignments for Models.
’Regulations’ means The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
’Representation’ means the representation provided by the Company to the Model upon acceptance of the Offer of Representation and these Terms and Conditions.
’Term’ means the duration of Representation as accepted by the Model (which may be for one year, two years or three years or such other period as agreed between the Model and the Company).
2. Appointment
2.1 The Company shall always operate as an employment agency in accordance with the Employment Agencies Act 1973.
2.2 The Company will, subject to the Models acceptance of its Offer of Representation and these Terms and Conditions, act as the Models agent and provide Representation to negotiate and conclude agreements with Clients in respect of Assignments.
2.3 The Model does not appoint the Company as his/her sole and exclusive agent and is free to contract, negotiate or register with any other agents.
2.4 The Model does grant the Company sole authority on behalf of the Model to collect and receive all gross income arising out of any Assignment (including Fees) undertaken by the Model during the Term and after the expiry of the Term to the extent that such gross income arises out of any Assignments negotiated by the Company during the Term.
3. The Models Obligations
3.1 The Model shall not without the consent in writing of a duly authorized representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all which information is to be regarded by the Model as of a strictly confidential nature.
3.2 The Model warrants to the Company that he/she is entitled to accept the Company's Offer of Representation and that there is no existing written or oral agreement with any third party which conflicts with or is contrary to or in some way inhibits the rights granted to the Company
3.3 The Model shall whenever carry out an Assignment do so to the best of his/her skill and ability and shall always act in a professional and courteous manner and in the best interests of the Company (which includes attending Assignments punctually).
3.4 The Model shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Assignment is being performed.
3.5 The Model shall keep the Company informed of any significant changes in his/her appearance to include (but not limited to) notification of any change of hair style/color, weight loss/gain or any other visible feature (such as a piercing) and agrees to regularly update their pictures accordingly.
3.6 The Model undertakes to indemnify and keep fully indemnified the Company at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Company), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Model of any of the Modelling obligations, undertakings or warranties as set out within these Terms and Conditions.
3.7 The models portfolio should be updated on a regular basis, to ensure that clients are viewing accurate images of how the model looks. The company cannot be held responsible should a client choose to not hire the model, due to their images being inaccurate or of a poor standard.
3.8 The model should update their portfolio according to the following guidelines provided in the model help section.
4. The Company’s Obligation
4.1 Subject always to the performance and strict observance by the Model of all the Models obligations here-under the Company shall use all its reasonable endeavors to secure Assignments suitable for the Model. For the avoidance of doubt, the primary and often sole method by which the Company shall seek to secure Assignments for its Models is by use of the Online Publication.
4.2 Prior to the Model’s acceptance of the Offer of Representation made to him/her, and prior to payment of the administration fee more particularly described in 7.2 below, the Model is invited to access the Online Publication to ensure that he/she is fully satisfied and aware of its features and attributes. The Online Publication can be accessed with a username and password (for security reasons) at www.munchkinmodels.co.uk.
4.3 The Company shall provide the Representation to the Model throughout the Term in such manner, as it in its sole discretion believes is necessary to comply with its obligation as set out in 4.1 above.
5. Notifications to the Model
5.1 The Company hereby confirms that the Company is permitted to charge the Model for the work-finding services it provides pursuant to and subject to section 26 of the Regulations, but that the only circumstances in which the Company shall do this are set out in 7.2 below. For the avoidance of doubt, the Company is not and will not charge the Model for the Representation.
5.2 The Company confirms that the only type of work it will find or seek will be the selected choice set out in the agreement.
5.3 The Company confirms, further to 4.1, that the work-finding services it shall provide will primarily consist of the use of the Online Publication but may also from time to time include other associated services (such as direct marketing to Clients or former Clients).
5.4 The Company's authority to act on the Model’s behalf extends only to the Company’s attempts to procure Assignments for the Model and to represent the Model in order to achieve the same, but the Company has no authority to enter into Assignments with Clients on the Model’s behalf without the Model first having confirmed to the Company his/her agreement to so enter (in which case the Model has granted the Company authority to enter into a contract with the Client on his/her behalf), and the Company has no authority to enter into any other contracts with Clients or third parties on your behalf.
5.5 Further to 7.2 and 8.1 below, if the Model decides to terminate the Representation at any point during the Term, the Model may be entitled to a refund of such proportion of the administration fee paid by the Model to the Company as the Company in its sole discretion determines is just and equitable in the circumstances.
5.6 The company will offer to extend the models term without charge for an agreed period, of no less than 6 months, should a model not receive any work opportunities in the duration of their chosen term. This is subject to the model providing adequate images and updates in accordance with our terms and conditions. If a model chooses to decline an assignment, due to unavailability or suitability, the company are under no obligation to extend the term any further than initially agreed.
6. Payment in respect of Assignments
6.1 Further to 2.4 above, the Company will collect from the Client all gross income in respect of an Assignment. The Company will retain 25% commission from the models agreed hire fee. The Company will send to the Model, payment following the competition of the assignment, which is typically within 30 working days, depending on the client’s remittance period.
6.2 Any Fees held by the Company are held as trustee for the Model and the Company shall honor all the Model’s rights in respect of those Fees as set out in the Regulations. 6.2 Any Fees held by the Company are held as trustee for the Model and the Company shall honor all the Model’s rights in respect of those Fees as set out in the Regulations.
7. Model’s Acknowledgment
7.1 The Model hereby acknowledges that he/she understands that he/she is not making (or being asked for) any payment to the Company in respect of the work-finding services it may provide (subject to 7.2) or in respect of the Representation given to the Model by the Company throughout the Term as set out in its Offer of Representation or at all.
7.2 Further, the Model hereby acknowledges that the only payment he/she is required to make to the Company throughout the Term is an administration fee which is payable before the commencement of the Term. The Model acknowledges that the administration fee is a payment, which is equivalent to a reasonable estimate of the cost to the Company of finding work and conducting work searches for the model. The Model also acknowledges that the significant proportion of the costs to the Company in administering the Online Publication are incurred during year one of the Term, but that ongoing costs are incurred in subsequent years.
7.3 The Model hereby acknowledges that nothing in these Terms and Conditions, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Company and the Model.
7.4 The Model hereby acknowledges that, subject to 4.1 above, it is not able to guarantee that any Assignments will be secured, nor does the Model expect the Company to so guarantee and the Model hereby confirms that no representations have been made to him/her by the Company which have given such a guarantee.
7.5 The Model confirms that he/she consents for his/her photograph(s) and/or image(s) and any relevant information submitted by the Model to the Company to be posted on the Online Publication or on any other website operated by the Company from time to time, and that such postings shall be made without reference to the Model.
8. Termination
8.1 Without prejudice to any other remedy or right available to it the Company shall be entitled to terminate its Representation of the Model at any point during the Term with immediate effect, and to remove the Model from the Online Publication, if the Model is in breach of any of his/her obligations within these Terms and Conditions.
8.2 The Model shall be entitled to terminate the Representation at any point during the term by giving one months’ notice.
8.3 To comply with employment legislation we provide all models with a 30-day cooling off period. After 30 days any monies paid will be deemed non-refundable.
9. General
9.1 No variation to these Terms and Conditions shall be binding unless agreed in writing between an authorized representative of the Company and the Model.
9.2 Any representations made by the Company or any of its employees, sub-contractors, or agents (or Models) concerning the business of the Company, its Clients or any Assignment shall not be incorporated into these Terms and Conditions unless evidenced by the Company in writing.
9.3 Further to 7.4, and in addition thereto, the Model hereby confirms that he/she is not relying upon any representation and even if so, hereby waives any claim for breach of such representation unless evidenced in writing as referred to in 8.2 above.
9.4 If any clause or provision of these Terms and Conditions shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms and Conditions will not be affected and shall remain in force.
9.5 Any notice or other communication made by the Model to the Company shall be in writing and posted to the Company's registered office. Alternatively, you can email us the information and request confirmation of the email.
9.6 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties.
9.7 No waiver by either party of any breach of these Terms and Conditions shall be considered as a waiver of any other breach of the same or any other provision.
10. Portfolio Shoots
10.1 Portfolio shoots are provided to each model to help increase their chances of securing professional modelling work. It is essential that the models attend a shoot once it has been arranged.
10.2 Failure to attend an arranged shoot, can seriously affect a model’s chances of gaining work from a client. If for any reason, the model cannot attend, it is vital that the agency is informed as soon as possible and no sooner than 24 hours prior to the booking. If the agency is not notified and the model fails to attend, there will be a £25 booking fee required to reschedule another shoot.
10.3 Images taken on the day of the shoot can only be used if the model chooses to purchase the images; or the copyrights to use the resulting images on their portfolio's; to represent them.
10.4 If you have any aversion to flash photography, or any history of medical problems, it is your responsibility to let us know in advance. We cannot be responsible of any health problems that may arise following a standard photo shoot practice.
10.5 We will always ensure a safe environment within the studio. However, it is the parent or guardian’s responsibility to ensure that all children are always supervised and remain safe to avoid danger caused by the misuse, handling or interference of studio equipment.
10.6 All models should be always accompanied by a parent or legal guardian.
These Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts
