1. Permitted use

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In general, booking fees cover the right to use the produced content for one year from the date of the booking, in India only, for the initial permitted use.

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2. Daily/ hourly rate

 

Booking fees are charged by the shift or by the hour or a set fee for a catwalk show.

3. Overtime

 

Overtime rates apply before 9 am, after 6 pm, and on all bookings over 8 hours. A special rate is negotiated for night work between 2400 hours and 0900 hours.

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4. Fitting fees

 

Fitting days are charged at a minimum of INR 10000.

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5. Additional Expenses

 

All expenses incurred by AGmodel Management Private Limited on the client’s behalf shall be reimbursed by the client.

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6. Outstation bookings

 

When an outstation booking is made, a client must provide transport there and back unless agreed otherwise. If a model on location is prevented from returning to Mumbai to work, half the daily fee is to be paid.

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7. Additional feesa

 

To be agreed at the time of the booking or before any additional usage. The agency reserves the right not to negotiate in relation to any additional usage other than that agreed at the time of the booking.

Usage: Additional fees are payable for the right to use the produced material [or reproductions, or adaptations of, or any other representation of it, either complete or in part whether alone or in conjunction with any wording, photographs, drawings or material of any other nature including electronic imaging] for all known or anticipated purposes other than the initial permitted use. Unless otherwise agreed the additional fees cover the right to use the produced material for one year from the date of booking, in India only, for the purpose or purposes agreed. Under no circumstances will each usage fee be less than the model's advertising day rate. Additional fees are also payable for the right to use the produced material [or reproductions etc. As set out in 8b above] for all known or anticipated territories other than India. Other services: Additional fees are also payable for other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on an individual basis. Credits: ”’ Name of Model’ represented by AGmodel Management”, wherever a credit may be applied.

 

8. Invoicing

 

On all invoices, payment is required within 7 days of the date of invoice. In all cases, the person booking the model is the client who will be invoiced and solely responsible for payment unless otherwise agreed in writing at the time of booking. The agent reserves the right to invoice the 'ultimate client' [i.e. designer/manufacturer/owner of the product in question], for example, this may be done if the client is booking on behalf of the ultimate client in which case the client and the ultimate client are jointly and severally liable to pay the invoice. 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 agent specifically agrees otherwise, in writing, no usage of 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.

 

9. Exclusion fees

 

A special fee will be negotiated when the use of the produced material or the service to be supplied by a model in relation to a product is required on a basis, which precludes supplying services or allowing the use of the model's image for competing products. A model can supply services to and allow use of the model's image by any competitor unless an exclusion fee is negotiated, in writing. It is the client's responsibility to check whether conflicting work has been done, in writing.

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10. Provisional bookings

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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.

 

11. Cancellations

 

If a booking is cancelled within one working day of the starting time the full booking 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 booking fee will be charged. Bookings of more than three days duration: if the booking is canceled within a period equal to the length of the booking, then the full fee is charged.

 

12. Weather permitting bookings

 

At the first cancellation, half the booking fee is charged unless the client fails to cancel in time to prevent the model's attendance when the full booking fee is payable. At the second cancellation, the full fee is charged.

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13. Meals

 

Clients are responsible for models' meals on all bookings, as per the model's preference.

 

14. Fashion shows

 

Catwalk bookings give 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 is for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required that must be negotiated at the time of the booking.

 

15. 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 session, in writing.

 

16. Copyright

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The photographer and/ or the client and anyone obtaining rights from or through the photographer/ client is not entitled to use any images for any usage beyond that agreed or permitted under sections hereinabove. The photographer/ client to this extent agrees to restrict the use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.

 

17. Insurance

 

The client is responsible for the model's safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated traveling are properly qualified and insured. The client is responsible for the model's health and safety as if the model were an employee of the client. The client will maintain adequate insurance coverage to underwrite its obligation to the model. The agency is not responsible if the model fails to attend a booking. The client is advised to insure against any losses that might be suffered if the model does not keep a booking because of ill health or some other reason.

 

18. Contract

 

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 upon only with the agency, AGmodel Management. 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. These terms and conditions for booking and all matters connected with the booking are governed by Indian law and any dispute will be settled in accordance with that law either by a court in Mumbai or such other method as might be agreed at the time of the dispute. Where the context requires the singular to include the plural and he includes her.

 

19. Complaints

 

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect. Please note as the supplier of services these terms and conditions take precedence over any terms and conditions that may be received from the client even if those terms and conditions have a clause similar to this. The produced material may not be used until all fees are paid in full. Whilst every endeavor is made to provide satisfactory and efficient service to our clients, as the agent we cannot be held responsible for a model's conduct on any assignment. The agent reserves the right to negotiate within the structure of these terms and conditions.