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 are only considered "confirmed" upon the Agency receiving a completed electronic T&C's Booking Form. This agreement constitutes a confirmation of booking.
2.1 Fees are charged as follows:
2.1.1 by a standard day, where a ‘day’ is a 11-hour period (including one hour for lunch) with a call time no earlier than 7am and no later than 11am;
2.1.2 early calls between 5am and 7am; a basic work day starts at the call time and you will pay an overtime rate for hours worked between 5 a.m. and 7 a.m. The rest of the day will be charged as basic working day (calculated from a call time). Early call rule applies on all days throughout a week, Monday to Sunday. Overtime will start 11 hours after a call time.
2.1.3 late calls; call times between 11 a.m. and 5 p.m. No matter when the call time is being given, the basic working day starts at 11 a.m. and includes 11 hours in total - 10 working hours and one hour for lunch. Over time will be charged as per APA grade rates. Hours after worked after midnight will be charged at triple time .
2.1.4 night shoots; call times between 5pm and 5am will be charged double time;
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 will be included into the 11 hour working day, after which time, an hourly over time rate (according to crew grade) will be incurred.
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 the Cleint must provide transport for the artist both to the booking location and back again if outside the M25, 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 6-4 days prior to commencement of shoot, will be charged at 50% of agreed fee.
4.2 Cancellation of confirmed bookings 3-2 daysprior to shoot charged at 75% of agreed fee.
4.3 Cancellation of confirmed bookings 1 day prior to the shoot will incur 100% charge.
5. Copyright and Ownership of Materials
5.1 The Agency has no claim to copyright or ownership of the materials.
6. Intellectual Copyrights
6.1 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.
7. PR, Online and Social Media Usage
7.1 Wherever and whenever images are used or shared, copyright must always be credited to the owner, 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”, unless agreed otherwise.
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 15 days after invoice.