Model Measures
07832 257773 | 07515 821584
info@modelmeasures.co.uk

Terms and Conditions

1. As required by Department of Employment regulations, Model Measures booking form contains the terms of the booking. When making a booking through model measures ltd you are abiding by all of the terms & conditions stated below. Model Measures Ltd will be referred to as Model Measures, “the Agency” or “it” throughout. The “client” refers to the person making a booking for a model through Model Measures Ltd.

2. CASTINGS Models will attend castings free of any charges, provided they last no more then 20 minutes, duration. No more than three photos to be taken of the model in which the model is to be clothed. Measurements of the model may be taken in the casting. If the casting is for underwear this must be specified in advance of confirmation of the casting appointments, and specifications of this agreed between you and Model Measures in advance. Any breach of this will result in payment being charged at the models usual hourly rate for a minimum of two hours or the amount of time spent (whichever is longer), and in any event at a rate no less than £35.00 per hour.

3. BOOKING FEES a) Permitted use: In general, booking fees cover the right to use the model for fittings and clothing presentation and showroom work. b) Daily/hourly rate: Standard hourly rates are charged Monday to Friday between the hours of 9am and 6pm. Full day rate refers to an eight hour booking, half day rates refer to four hours. Overtime rates will apply before 09:00 and after 18:00hrs, or any time over a full day/eight hour booking, whichever occurs first. Bookings are charged by the full or half day, or by the hour, to be agreed at booking confirmation stage. c) Overtime: Overtimes rates are charged as outlined above in 3b. Overtime will also be charged for bookings on a Saturday. Special rates can be negotiated for bookings between the hours of 24:00 and 09:00. Bookings on Sundays or Bank Holidays are charged at double the models’ standard hourly rate. d) Travel: Any time spent travelling by the model outside of the London tube travel zones will be charged at 50% of the models hourly rate.

4. ADDITIONAL EXPENSES Any expenses incurred by the agency on the clients behalf (e.g. such as travel or accommodation bookings for models), will be charged to the client in full plus an additional 12.5% uplift.

5. AGENCY FEES a) Both Agency and model Booking fees will be invoiced by the agency. Unless agreed at the time of booking the model’s disbursement and the agency’s fee are included in the total invoice amount. b) VAT: All sums payable are exclusive of Value Added Tax and any other similar or equivalent taxations or duties, which shall be payable in full without set off by the client.

6. INVOICING All fees and other sums due are invoiced by Model Measures to the person making the booking, unless agreed otherwise at the time of booking. The person taking the booking can be acting on the behalf of another person who is the client (such as the designer, owner of product or manufacturer). It may therefore be specified at time of booking which person shall be invoiced by Model Measures, and that persons name will be included on the invoice. In this event the person making the booking and the client will each individually and together jointly be responsible for payment. The amount invoiced will be the fees due inclusive of all charges due without exception plus VAT as applicable.

7. PAYMENT & INTEREST Payments are to be made direct to Model Measures within 30 days of invoice. Interest will be charged at the rate of 15% per year on sums not paid by the due date calculated on a daily basis from the date of invoice until payment is received in cleared funds whether that is before or after judgment.

8. PROVISIONAL BOOKINGS Provisional bookings, or “options” will be automatically cancelled without notification if the client does not confirm them within 24 hours of the commencement of the proposed booking.

9. CANCELLATIONS Cancellation of the booking by the client within 24 hours of the booking start time requires full booking fee to be paid by the client. This will apply unless the same model is booked within 24hours of the cancellation, in which case 50% of the booking fee will be charged and payable by the client. Bookings taking place on a Monday that are being cancelled by the client must be cancelled 72 hours before the start time of the booking.

10. CANCELLATIONS OF BOOKING BY AGENCY Should the Agency need to cancel a booking, then it shall use reasonable endeavors to provide the client with reasonable notice of cancelation and to offer the client a suitable replacement where possible. The agency agrees to take any other such reasonable steps that are practicable to mitigate against any such cancellation. In any event however the Agency is entitled to cancel a 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.

11. MODEL CARE & SAFETY The client shall ensure that the model is treated with respect and professionalism and must take all steps necessary to ensure that the safety, health and general well-being of the model is protected and maintained at all times whilst the model is providing services to the client. Such steps shall include without limitation: a) Ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health & safety standards, compliances, regulations and laws. b) Allowing the model to take suitable and regular rest periods to ensure the model receives suitable rest and refreshment whilst delivering the services. c) Providing adequate levels of insurance cover to safeguard the health and safety and any future earnings of the model whilst the model is delivering the services of the booking and travelling to and from the client’s venue as if he/she were an employee of the client. d) Ensuring that all of the people and organisations that are engaged by the client in relation to delivery of the services are suitably qualified, experienced and professional. e) Ensuring that no one imposes upon the model any action or activity which is dangerous, illegal, degrading, unprofessional or demeaning to the model. f) Providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintain his/her privacy.

12. WARRANTIES The client warrants and represents to the Agency the following: a) The Agency has full capacity to enter and to perform its obligations under these terms and conditions. b) The booking correspondence is executed by a duly authorized representative of the client. c) The client will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice and all points in section 11 above. d) It has all necessary permits, licenses and consents to enter into and perform its obligations under these terms and conditions. Such obligations will be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments. e) It will promptly disclose to the Agency in writing all necessary information (including without limitation the location and length of the booking and requirements for any travel both in the United Kingdom and abroad) and details relating to provision of the services to enable the Agency to ensure that the model is suitably prepared and able to perform the services.

13. 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.) 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 Model Measures at the time of booking.

14. NON-SOLICITATION While a model is represented by Model Measures (and for a period of 12 months after the end date of the model ceasing to work for the Agency) the client will not, either personally or by any other route, make an agreement with the model for any work as a model or any other work of a similar nature such as is booked by Model Measures, or for any work other than through Model Measures. Further if a model attended a casting or booking for the client in the 12 months before the end of the model’s representation by Model Measures, the client will not without the written agreement of Model Measures (which may be declined) within 12 months after the end of the representation either personally or by any other route book the model for any work as a model or any other work of a similar nature such as is booked by Model Measures.

15. LIABILITIES AND INSURANCE a) No party excludes or limits its liability under these terms and conditions for the following: i) Death or personal injury caused by negligence. ii) Fraudulent misrepresentation. iii) Any other type of liability, which cannot by law be excluded or limited. b) The Agency limits its liability under these terms and conditions whether such liability arises in contract, in 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 all and shall not in aggregate exceed the total amount of the fees paid or payable to Model Measures, by the particular client bringing any such claim. The Agency shall not be liable for: i) Loss of business, use, profit, anticipated profit, contracts, revenues, good-will or anticipated savings, product fault or recall costs. iii) Failure by the model to attend a booking for whatever reason. iii) Damage to the clients’ reputation. iv) Consequential, special or indirect loss or damage, even if the Agency has been advised of the possibility of such loss or damage. c) The client shall effect and maintain (and shall its require its ultimate client, if any, to maintain) throughout the continuance of these terms and conditions 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: i) Cancellation insurance to protect against the potential liabilities, which the Agency and the Client may incur as a consequence of the provisions of sections 9 and 10. ii) 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. iii) Travel insurance to cover the activity of the model whilst travelling to and from the location of the services.

16. COMPLAINTS & 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 endeavors to ensure that the models provide a satisfactory and efficient service to clients, as the agent, the Agency cannot be held responsible for a models’ conduct or behavior whilst delivering the services. In this regard the Agency cannot be held liable for any costs, expenses, or losses suffered as a consequence of the behavior or conduct of any model.

17. FORCE MAJEURE The Agency shall not be liable 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 an which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation: fire, flood or catastrophe, acts of God, insurrection, workforce action, war or riots, (an event of “Force Majeure”). The Agencies obligations under these terms and conditions shall be suspended for so long as the event of Force Majeure continues, and to the extent that is so delayed.

18. INTERPRETATION OF TERMS & CONDITIONS a) 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 correspondence 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). b) 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. c) The booking confirmation correspondence 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 correspondence. d) 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. 19. GENERAL a) 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. b)
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. c) 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. d) 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. e)
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. f) 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. g) 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; i)
to enable enforcement of the party's rights under these terms and conditions; ii) with the prior written consent of the other party; iii) as required by any applicable law. h)
These terms and conditions and the correspondence 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. i) 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. j) 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. k) 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.

N.B. By making a booking through Model Measure Ltd, i.e. booking a model for use in fittings, showroom, review or any work of a similar nature, you are entering into agreement to the terms & conditions stated above.