Model Agency ELLELL

PLEASE READ BELOW TERMS AND CONDITIONS CAREFULLY BEFORE USE OUR BOOKING SERVICE.

BOOKING

  • POINT OF PURCHASE / PRODUCT BOOKING:

No advertisement, poster, billboard, display/card, swing tag, package, website, point of purchase or use of the model’s name may be used unless negotiated and cleared with ELLELL prior to the commencement of the booking. It is the client’s responsibility to check product bookings with ELLELL for conflicts.

  • PROVISIONAL BOOKINGS:

If a client does not exercise their option to release or confirm a provisional booking within 48 hours of the option date, ELLELL reserves the right to cancel the booking, allowing secondary or definite bookings to take precedence.

  • WEATHER PERMITTING BOOKINGS:
  1. First cancellation – no fee.
  2. Second cancellation – half fee.
  3. Third cancellation and subsequent cancellations – full fee.
  4. The type of weather required must be specified at the time of booking.
  5. Full cancellation will be charged if the same model is not re-booked.
  • CANCELLATIONS:
  1. 24 hours (1 working day) prior to commencement: FULL FEE.
  2. On arrival at booking: FULL FEE.

RATES:

Please check model rates when booking. The rates apply to shoot time only and do not include usage.

THE WORKING DAY: (Photography)

Normal hours for a day’s booking are from 8.30am to 5.30pm, including lunch break. Penalty rates may apply outside these hours.

PENALTY/OVERTIME RATE: (Photography)

Overtime & Finish Time: 20 minutes or more into the hour will be billed as a full hour.

a. The hourly rate is one and a half times the model’s normal rate before 8.30am and after 5.30pm.

b. Working on weekends can incur a higher rate which will be negotiated at time of booking

c. A special rate is negotiated for work after 11.00pm and before 7.00am.

TRAVEL RATE: (Photography)

Please check travel rates when booking talent. This rate applies to travel outside a 10km radius of the C.B.D. (ie Brighton in the South, Reservoir in the North, Brooklyn in the West, and Nth Balwyn in the East)

Travel time is calculated from departure time in the city to arrival back in the city. Travel days are charged at half the model’s daily rate.

NUDE AND SEMI-NUDE:

The Agency must clear with the model before accepting any nude or semi-nude booking. The client must advise the agency at the time of booking if nude or semi-nude is a requirement of the booking. Please check hourly rate.

USAGE: (Photography)

All photography is to be used only for the purpose for which it was originally shot and negotiated. Any additional usage outside the agreed time frame or for loadings used for example; Billboards, Lightboxes, Stills on TV etc. is a separate fee that needs to be negotiated and authorized by ELLELL.

TEST SHOOTS:

Photographers may not use test shoots for commercial purposes unless specific arrangements have been made with the Agency.

SHOWS:

Please check rates at the time of booking. Any use of photography or video footage must be advised to the Agency prior to booking.

TELEVISION:

Commercials and stills are to be negotiated at the time of casting/ booking, and are quoted for 12 months on air for release within China only. Any lesser or greater extensions or territories must be negotiated at the time of casting/booking. No model may commence a television booking until the applicable equity contract has been completed and signed by both the client and the Agency. If first on-air date cannot be supplied at the time the contract is signed it will be deemed to be within 30 days of signing of the contract.

VIDEO:

Please check rates at the time of booking.

MEALS:

Clients are responsible for all meals on all bookings outside the metropolitan area. Client must check with the agency prior to the job with any dietary requirements.

COMPLAINTS:

Any cause for complaint should be reported to the Agency during the course of the booking.

Intellectual property rights

  • All rights not expressly granted to the client under these terms and conditions are hereby reserved to the Agency and/or the model as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the model and the Agency and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or the Agency other than the rights specifically granted to the client under these terms and conditions.
  • For the avoidance of doubt, notwithstanding anything in the booking confirmation form or these terms and conditions, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that the Agency and the model may use the images resulting from any booking in any form whatsoever, solely in order for the model and the Agency to promote the model and in the search of future job opportunities for the model. The model and the Agency acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these terms and conditions.

Liability and insurance

  •  No party excludes or limits its liability under these terms and conditions for:
  1.  death or personal injury caused by its negligence;
  2.  fraudulent misrepresentation; or
  3.  any other type of liability which cannot by law be excluded or limited.
  •  the Agency shall not be liable for:
  1. Customer expected profit, revenue decline;
  2. Product self problem causes the cost of recall;
  3. consequential, special or indirect loss or damage;
    even if the Agency has been advised of the possibility of such loss or damage
  •  the Agency shall be liable for:
  1. Model fails to attend the completion of the appointment contract deadline date, can negotiate compensation for the loss;
  2. Models in the work period without permission to cancel the booking caused the loss of client, can be negotiated compensation;
  3. Model personal reasons lead to delays the completion date, the compensation can be negotiated
  • the Client shall be liable for:
  1. Outside the work area of the contract, the model was injured or killed;
  2. Client direct work with the model without permission from the Agency, causing all the consequences need to compensate;
  3. The Client fails to finish payment in time according to the contract, causing the loss of the Agency

AGENCY SERVICE FEE:
Agency Service Fee is a mandatory fee on all bookings made with ELLELL Management, and is not a negotiable fee for the purposes of making a booking.   The Agency Service Fee is calculated at 10% on the total of the job and loading for all jobs booked.

PAYMENT: ON ALL INVOICES PAYMENT IS REQUIRED WITHIN 14 DAYS OF THE DATE OF INVOICE. IN ALL CASES THE CLIENT BOOKING THE MODEL WILL BE INVOICED AND SOLELY RESPONSIBLE FOR PAYMENT UNLESS OTHERWISE AGREED, AND CONFIRMATION GIVEN, PRIOR TO THE COMMENCEMENT OF THE BOOKING.

PLEASE NOTE: We, the Agency, act solely for and on behalf of our models and whilst making every endeavour to provide a satisfactory and efficient service we cannot be held ultimately responsible for a model’s conduct on an assignment.

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