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CLIENT TERMS & CONDITIONS
Talent Media Matrix
TMM (Trading under Talent Media Matrix Limited) is an employment agency regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Business Regulations 2003.
These Terms and Conditions set out the agreement between TMM and clients of TMM (each a Client) for the supply of talent to the Client.
These Terms and Conditions supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between TMM and the Client, whether written or oral, relating to their subject matter.
The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the Client of these terms and conditions, and they shall apply to and govern the booking between the Agency and the Client.
TMM requires all negotiations and contracts regarding talent represented by TMM to be conducted exclusively through TMM, and the Client will not enter into any arrangement with talent represented by TMM or previously booked by the Client through TMM, which does not acknowledge or otherwise seeks to circumvent or avoid TMM’s role as an employment agency without the prior written consent of TMM.
1. BOOKINGS
1.1 The Working Day: A working day is 8 hours between 09.00 hours and 18.00 hours, and includes a lunch break of one hour. For Photographic Assignments, the minimum booking is 4 hours. For Press Days, Fashion Shows, and Promotional Assignments, the minimum booking is half a day (4 hours). Clients are responsible for all talents' meals on all bookings outside the London area (see 1.3).
1.2 Overtime Rates: This will apply as follows:
(a) The overtime rate is 150% of the normal hourly rate between 18.00 and 24.00, and 200% between 1.00 and 9.00.
(b) Work on Saturdays is 150%, and Sundays and Bank Holidays are 200% of the normal hourly rate.
(c) A special rate is to be negotiated for night work at weekends between 24.00 and 09.00 hours.
1.3 Travelling Time / Expenses: These are fully inclusive and are usually charged from the talent's place of residence to the location and return.
1.4 Fittings: Fees are to be negotiated at an hourly rate, with a minimum booking of 4 hours.
1.5 Location Bookings: When a location booking is made, the Client must provide transport there and back unless agreed otherwise. If a talent on location is prevented from returning to London to work, the daily fee is to be paid.
1.6 Weather Permitting Bookings: At the first cancellation, a half fee is charged unless a talent arrives at the location, in which case the full fee will be charged. At the second cancellation, the full fee is charged.
1.7 Poster and Showcard Fees / Pack and Media Covers: These are subject to special negotiations.
1.8 Restrictions: The restricted use of the photographs will be negotiated by TMM at the time of the booking. Unless otherwise agreed and included on the booking form, the booking fees provide an entitlement and right for the Client to use one image via a single published medium for one year or for a single season from the date of booking in the United Kingdom. Such permitted use and entitlement is strictly subject to payment in full of all fees owed to TMM prior to the image’s first use. Any further usage, including picture syndication, must be negotiated and agreed in advance with TMM. Usage (4.0), Invoicing (5.2), and Copyright (5.4) regulate this restriction.
1.9 Photographs: All photographs and videos of the talent must be provided to TMM within 15 days of the booking. The copyright in all photographs and videos of the talent taken at the booking is owned by the photographer and licensed to TMM for use on its website. Any photograph or image of the talent taken at the booking and used on social media must credit TMM (@talentmediamatrix or link back to TMM’s website at talentmediamatrix.com), otherwise TMM shall be entitled to charge the Client additional usage fees for such social media use.
1.10 Fashion Shows: All photographs and videos of the talent, and all such material (or reproductions, etc., as set out in 4.1 above) of the show, are for reporting purposes only. The Client is responsible for ensuring that all persons present at a fashion show are aware of this condition. If any other usage is required, it must be negotiated at the time of the booking.
2. PROVISIONAL BOOKINGS
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 booking cannot be confirmed.
3. CANCELLATIONS
3.1 By the Client: Bookings cancelled within 48 hours of the commencement of the booking will be charged at full fee. Bookings cancelled within 72 hours of the commencement of the booking will be charged at half-fee. In the case of a weekend, a full fee will be charged. For bookings of three days or more, a cancellation period equal to the length of the booking must be given; otherwise, the full fee will be charged.
3.2 By the Agency: Should the Agency wish to cancel a booking, it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer the Client a suitable replacement and/or substitute, and take such other reasonable steps as are practically possible 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. The Client will procure necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability, and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.
4. ADDITIONAL FEES
4.1 Usage: Additional fees are payable for the right to use the talent’s image (or reproductions and adaptations of part or complete works derived from that image, or any other representation of it, whether alone or in conjunction with any wording, images, photographs, drawings, or material of any other nature, including electronic imaging) for all known or anticipated purposes other than the initial permitted use (i.e., packs, posters, showcards, media covers, swing tickets, etc.). Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. The Client is wholly responsible for notifying TMM of any changes to this commission.
4.2 Territory: Additional fees are payable for the right to use the talent’s image (or reproductions, etc., as set out in 4.1 above) for all known or anticipated territories other than the United Kingdom. Unless agreed, the additional fees cover the right to use one image for one year from the date of booking in the territory or territories agreed. This use must be included at the time of the booking, or use is excluded from all rights.
4.3 Exclusion Fees: A special fee will be negotiated when the work is in connection with a product that precludes work for competing products. The Client is responsible for interpreting whether competing work has been done. When a talent endorses a product, they are unable to complete assignments for any other competitor unless an exclusion fee has been agreed.
4.4 Additional Expenses: All expenses incurred by the Agency on the Client’s behalf will be charged to the Client and will include an uplift of 20% of the total amount of the expenses.
4.5 The Agency is solely responsible, in perpetuity, for all modifications, extensions, and renewals of any booking.
5. INVOICING
5.1 If the Client fails to pay in full on the due date any amount payable to the Agency, without prejudice to any other right or remedy of the Agency, the amount outstanding shall bear interest (both before and after any judgment) at 20% per annum from the due date up to and including the date that payment is made in full. Such interest shall be compounded and accrue on a daily basis.
5.2 In the event that the Client is providing services on behalf of or to a third-party end user, the Client enters into these terms and conditions acting in its capacity as the agent of the third-party end user, and the Client shall ensure that the third-party end user:
(a) Enters into an agreement with the Client on the same terms as these Terms and Conditions;
(b) Acknowledges its obligations to the Agency, including but not limited to the obligation to pay the Agency within 30 days of the date of any invoice received from the Agency; and
(c) Acknowledges that the third-party end user may not use the images until payment is received by the Agency, and that at all times the third-party end user is subject to restrictions regarding the use of images, including territorial and media limitations.
5.3 Any fees received by the Client from the third-party end user relating to rights or benefits conferred by these terms shall be deposited in a designated Agency account by the Client (Third Party End User Fees). These fees shall be held on trust for the Agency as beneficiary until all outstanding fees owed by the Client are paid in accordance with these terms.
6. TEST & EXPERIMENTAL PHOTOGRAPHY
6.1 The Client or 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.
6.2 Images taken for test purposes may only be used to promote TMM’s website and in the photographer’s and creative’s (stylist’s and make-up artist’s) own portfolios. The photographer or creative may not assign copyright in the images, exploit the copyright, or grant a license to exploit the copyright. For the avoidance of doubt, there will be no usage of any imagery from the test shoot (including commercial or editorial use) unless negotiated and agreed in advance in writing with TMM.
7. TALENT CARE & SAFETY AND INSURANCE
7.1 The Client shall ensure that the talent is treated with respect and professionalism, and that the Client takes all necessary steps to protect and maintain the safety, health, and wellbeing of the talent at all times whilst providing services.
7.2 The talent will not be photographed or depicted nude or partially nude (lingerie/underwear), with fur, or with tobacco without prior written approval from TMM. See-through, bathing suit, or lingerie photography requires the express prior written approval of the Agency. The use of the talent’s image must not be pornographic, derogatory, or cause ridicule or embarrassment to the talent. The image must not be altered or distorted.
7.3 Subject to the above restrictions, behind-the-scenes filming is permitted on condition that the talent is hair-and-make-up ready.
7.4 The Client must provide the talent with an appropriate changing and dressing area to ensure preparation for services while maintaining privacy.
7.5 It is the Client’s responsibility to carry out a proper risk assessment of the location, equipment, and working conditions. Any health and safety risks known to the Client must be discussed with the talent agent at or before the booking. The talent may decline to proceed if, in their opinion, there is any risk to their health and safety. The Client is responsible for the talent’s safety during the booking and associated travel, must ensure all persons engaged are properly qualified and insured, and must maintain adequate insurance cover as if the talent were an employee.
7.6 Always include a credit in the form of "[Talent's Name] @ TMM" wherever a credit is applied.
7.7 Force Majeure: The Agency shall not be liable for any delay or failure in performing obligations due to any cause beyond its control (including fire, flood, catastrophe, acts of God, insurrection, workforce action, war, or riots). Obligations will be suspended for the duration of the Force Majeure event.
7.8 TMM is not responsible if the talent fails to attend a booking. The Client is advised to insure against any losses suffered if the talent does not keep a booking due to ill health or other reasons.
8. TMM PRACTICES
8.1 Dissatisfaction: Any cause for dissatisfaction must be reported to TMM during the course of the assignment. Otherwise, TMM disclaims all responsibility for any financial or other loss caused.
8.2 Invoicing:
(a) TMM charges a fee to the Client for the services supplied by the talent (worker). The Agency will invoice both agency and talent fees. Unless otherwise agreed, the talent disbursement is included in the invoice total. For Equity contracts, the negotiated fee is the talent's fee, from which agency commission will be deducted at 38% of the invoice total. VAT and agreed expenses will be added where appropriate.
(b) TMM’s standard practice is to accept bookings via telephone, email, and/or online chat, confirmed by email. The Client commissioning the booking is invoiced and solely responsible for payment.
(c) The Client is liable to pay TMM for the agreed contract irrespective of any post-assignment contentions.
(d) TMM reserves the right to invoice the primary client (the owner of the product/designer/manufacturer). Usage fees are payable whether or not the right is exercised. No image usage is permitted until payment is made in full, unless agreed otherwise in writing.
(e) Use of photographs/material is prohibited until all fees are paid in full.
(f) All fees will be invoiced by TMM unless otherwise negotiated at booking and verified in writing by the Client.
(g) VAT will be added where appropriate as lawfully required by HM Revenue & Customs.
8.3 Payment for assignments must be made within 7 days from the completion of the assignment.
8.4 Copyright: The photographer and/or Client are not entitled to use images beyond the agreed scope. Copyright remains the property of TMM until all images, reproductions, and adaptations are paid for in full.
(a) ARTIFICIAL INTELLIGENCE (AI) AUTHORISATIONS AND RULES: Artificial intelligence (AI) refers to computer systems capable of performing tasks requiring human intelligence (visual perception, human sensing, speech recognition, decision-making, and translation). TMM prohibits the unauthorised use, replication, or exploitation of model images in AI applications without explicit written consent. This intellectual property restriction includes lookalikes, voiceovers, and hands pertinent to the models. Any AI projects involving talent images must obtain prior written consent specifying purpose, duration, and usage type.
8.5 Assignment Contract Details:
(a) TMM will invoice the Client on the talent’s behalf.
(b) TMM offers conditional contracts sent via email. Acceptance binds the Client to fulfil the contract.
(c) Contracts outline individual talent fees, Client fees, and assignment details. The Client must complete the contract or be liable for resulting losses.
(d) Equity-related assignments apply accordingly.
(e) TMM reserves the right to negotiate post-assignment disputes fairly; TMM’s decision is final.
8.6 Featured Talent: Defined by (a) acting individually in a medium shot or closer, (b) individual direction, (c) direct relationship to perform with a visual featured talent, (d) visibility/recognition in a crowd or individual scene, or (e) appearing in a vignette.
8.7 Talent Upgrade: If a talent is upgraded to a featured talent, full fees and usage fees will apply.
9. REPRODUCTION RIGHTS
9.1 Images: All images supplied via TMM are provided with the talent's full permission. TMM is not responsible for losses caused by talent misrepresentation.
9.2 Permission: The talent is solely responsible for obtaining copyright permits. TMM takes images in good faith and accepts no liability for copyright infringements.
9.3 Media Reproductions: TMM reserves all rights to reproduce any supplied images across any media (electronic, print, etc.).
10. CONTRACT
10.1 All matters relating to image use, services, and fees must be negotiated exclusively through TMM. Obtaining a talent's signature or verbal agreement outside of TMM is invalid and non-binding. Communication must go through TMM; Clients must not store or use talent contact details directly.
10.2 Unauthorised signatures or verbal agreements obtained directly from the talent do not vary this agreement unless confirmed in writing by the Agency in its absolute discretion.
10.3 If TMM pursues legal advice or debt collection, TMM reserves the right to charge for all costs incurred, including third-party costs.
10.4 TMM acts solely for and on behalf of our talents, who are self-employed persons.
10.5 To the fullest extent permitted by law, TMM’s maximum aggregate liability for all claims under these Terms and Conditions shall not exceed the total amount of fees paid or payable to TMM.
10.6 TMM shall not be liable for loss of business, profits, contracts, revenues, goodwill, product recall costs, talent non-attendance, reputational damage, or indirect/consequential losses.
10.7 The Client’s sole remedy against the talent is limited to direct, actual damages incurred, not exceeding the compensation actually received by the talent.
11. WARRANTIES
11.1 The Client warrants that: (a) it has full capacity to enter these terms; (b) the booking form is executed by an authorised representative; (c) it holds all necessary permits and complies with applicable laws; and (d) it will promptly disclose information needed to prepare the talent.
11.2 The Client shall indemnify TMM against all costs, expenses, damages, and losses arising from: (a) third-party claims due to the Client breaching image distribution territorial limits; and (b) any breach by the Client of applicable laws, regulations, or health and safety standards.
12. MISCELLANEOUS
12.1 Neither party shall disclose agreement details without consent (except to professional advisors or by law). The Client agrees not to make negative public comments about TMM.
12.2 Parties agree to keep these terms strictly private and confidential.
12.3 These terms do not confer third-party benefits under The Contracts (Rights of Third Parties) Act 1999.
12.4 Changes to this agreement will be notified in writing/email and require written or electronic acceptance by the Client to be binding.
12.5 If any provision is found invalid, the remaining provisions shall remain in full force and effect.
12.6 These Terms and Conditions shall be governed by the laws of England and Wales, and parties submit to the exclusive jurisdiction of the English Courts.
TEL:+44 (0)7908 629 942
EMAIL: INFO@TALENTMEDIAMATRIX.COM
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