TERMS AND CONDITIONS:
These are the terms and conditions referred to in the Form (as defined below) and together with the Form are the entire agreement (the “Agreement”) between you, the Client, and Novel Beings Ltd incorporated and registered in England and Wales with company number 09042065 (the “Agency”).
1. Options and Confirmations
1.1 Confirmation of options required one week before shoot dates, unless otherwise agreed. Options must be confirmed by signing our quote form within 48 hours of the shoot/event. This agreement constitutes a confirmation of booking.
2.1 Fees are charged as follows:
2.1.1 by day, where a ‘day’ is a 9-hour period (including one hour for lunch) between 9am and 6pm, unless agreed prior to the shoot;
2.1.2 an extra hour between 9am and 6pm is charged at the normal hourly rate.
2.1.3 the appropriate overtime rate is charged before 9am and after 6pm, being one-and-a half times the hourly rate;
2.1.4 Sundays or Bank Holidays are charged at double the hourly rate;
2.1.5 any booking which is over 5 hours will be charged at the day rate as set out in the booking confirmation form;
2.1.6 travel times exceeding one hour, that the artist incurs to or from a client’s venue, will be charged at half the hourly rate.
2.1.7 Any expenses incurred by the Agency on the Artist’s behalf will be charged to the client and will include an uplift of 10%
of the total amount of the expenses.
2.1.8 All fees are quoted excluding VAT.
2.2 In relation to location bookings:
2.2.1 you must provide transport for the artist both to the booking location and back again unless agreed otherwise. If you fail to provide such transport then the Agency shall be entitled to re-charge the cost of the transport procured for the artist. If an artist on location is prevented from returning to London to work, half the daily fee will be charged to and payable by you for each day that the artist is unable to return to London to work.
2.2.2 You will make a health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated. You acknowledge that at all times the artist’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.
3 Agency Fees
3.1 Where bookings are negotiated by the Agency in relation to artist’s fees, a booking fee of 20% will be added to the invoice, unless you qualify for a reduced booking fee.
4.1 Confirmed bookings, which are cancelled more than 48 hours prior to commencement of shoot, will be charged at 50% of agreed fee.
4.2 Cancellation of confirmed options 48 hours or less prior to shoot charged at 100% of agreed fee.
5. Copyright and Ownership of Materials
5.1 Fees are agreed for the usage stated in the quote form.
5.2 The entire copyright belongs to the Photographer and the Photographer retains ownership of all physical material at all times throughout the world. (i.e Novel Beings has no baring on the image rights. If you, the Client, have negotiated the ownership of rights with the photographer, the rights thereby fall to you.)
6. Intellectual Copyrights
6.1 You acknowledge and agrees that the Agency and the artist may use the images resulting from any booking in any form whatsoever, solely in order for the artist and the Agency to promote the artist and in the search of future job opportunities for the artist. The artist and the Agency acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the Form and this Agreement.
7. PR, Print, Online and Social Media Usage
7.1 Wherever and whenever images are used or shared, copyright must always be credited to the Photographer, as well as the agency’s name and the name of Novel Beings artist. On Instagram images are to be tagged and credited as “@novel_beings on Twitter “@novelbeings” and on Facebook the page named “Novel Beings”.
8. Contract and authority
8.1 Only the Agency shall have the right to negotiate the Fees, matters relating to the use of the artists’ work, and/or any other services supplied by the artist. You shall not attempt to negotiate, nor allow others to negotiate, with the artist directly. Any agreement obtained from the artist by you or a photographer, either verbally or in writing, outside of the scope of this Agreement, shall not constitute a variation of this Agreement and shall not be binding on the artist or the Agency, unless and until it is agreed in writing by the Agency at its sole and absolute discretion.
9. Complaints and disclaimer
9.1 Complaints must be reported to the Agency as soon as possible, setting out the circumstances that have given rise to such complaint. Whilst the Agency will use reasonable endeavors to ensure that the artists provide a satisfactory and efficient services to clients, as the agent, the Agency cannot be held responsible for an artist's conduct or behavior whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any artist.
10. Agency Liability
10.1 The Agencies’ entire liability to the Client in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with any shoot carried out for the Client shall be limited to the Agencies’ agreed fees in relation to that shoot or event. The Agency shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Agency, the Agency’s servants or otherwise) which arise out of or in connection with the shoot or event. Notwithstanding the above, nothing in these terms and conditions excludes or limits the liability of the Agency for death or personal injury caused by the Agency’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal for the Agency to exclude or attempt to exclude his/her liability.
Payment within 30 days after invoice.