TERMS AND CONDITIONS | IMAGE PACKAGES:
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”).
Only “Qualifying” brands are entitled to the terms and conditions stipulated in this Agreement.
A “Qualifying Brand” will be notified in writing by the Agency, and will be provided with a dedicated code to access the “Image Package” in which they qualify for.
1.1 Confirmation of booking is required within five working days prior to the shoot dates, unless otherwise agreed.
Fees are agreed for the usage stated in the qualifying form. Should you require further usage of images, an additional fee will be negotiated for all relevant third parties.
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 Sundays or Bank Holidays are charged at standard day rates;
2.2 In relation to location bookings:
2.2.1 Artists endeavor to take public transport wherever possible between London zones 1 -3. If your location is outside of zone 3, you must provide fare or 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.
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
3.1A 5% booking fee is added to each package.
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. Conduct of the Shoot
5.1 The shoot will be arranged on date(s) mutually agreed between the parties.
5.2 If Client is not present during the shoot then Photographer’s or the appointed Novel Beings Art Director’s interpretation of the brief shall be deemed acceptable to Client.
6. Add on’s
6.1 In order to purchase an “Add on,” you will first need to purchase an existing package.
6.2 Add-on’s are subject to additional handling fee of £10 per “Add on” plus VAT.
7. Copyright and Ownership of Materials
7.1 The entire copyright belongs to the Photographer and the Photographer retains ownership of all physical material at all times throughout the world. Unless agreed otherwise with the Photographer.
8. Intellectual Copyrights
8.1 You acknowledge and agree 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.
9. PR, Print, Online and Social Media Usage
9.1 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”.
10. Contract and authority
10.1 Only the Agency shall have the right to negotiate the rates 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.
11. Complaints and disclaimer
11.1 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.
12. Agency Liability
12.1 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.
13.1 The client is responsible for shoot insurance.
14. Third Party Rights
14.1 Engagements of third party suppliers, including models, are subject to such terms and conditions as those parties may require which shall be available on request.
14.2 Model fees cover modelling time and stipulated usage only. The Client shall be responsible for clearing model usage for any additional requirements.
14.3 Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise.
14.4 The Agency or the Photographer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property used in relation to the Assignment or any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.
15. Payment Terms:
15.1 For the Essential and Curated packages, 50% upfront fee is payable on acceptance of order.
15.2 For the Complete packages, a 25% upfront fee is payable on acceptance of order.
15.3 This constitutes a booking confirmation. No work will commence until this fee is received. The money will be used for any upfront costs with third party suppliers and the remainder will held in a dedicated account until completion of the shoot in its entirety, at which time all suppliers will be paid immediately.
15.4 The remaining fee is to be paid within 30 days of invoice.