BMA is a BERR regulated Employment Agency and is restricted by the 1973 Employment Agency Act including amendments.
BMA charges NO fees to artists in anyway whatsoever
The BMA Terms and Conditions to all artists and/or their guardians and/or their associates
These Terms and Conditions replace any previously issued.
NB. All artists/associates on submitting any images via any media whatsoever to BMA, give all reproduction rights to BMA and in doing so lawfully accepts and abides by all the terms and conditions set and modified at any time by BMA. The following are BMA’s terms and conditions and shall apply to all artists and/or their associates immediately on submission. BMA will act as an Employment Agency on the artists’ behalf. I have read and fully understand these terms and conditions as a contract with BMA ARTISTS (parent company BMA Models Ltd.)
1.1 The assignment, which has been accepted by a artist through BMA, must then be fulfilled through BMA. All extensions and derivations relating to the original assignment must be fulfilled through BMA. The artist will be liable to pay all BMA’s losses in respect of the original assignment, extensions and deviations if not fulfilled through BMA. BMA does not guarantee any such work.
1.2 The Artist undertakes not at any time in the future to contact in anyway whatsoever any clients introduced to them through BMA in any capacity whatsoever without the written consent of BMA.
2. Assignment Contract
2.1 BMA will offer a contractual assignment as a conditional verbal description over the telephone. On accepting the artist is liable to fulfil this contract. BMA will supply the “best of knowledge” assignment details of this contract by email. Each contract applies to any one offer only. Each contract cannot be applied to any other offers past or present.
2.2 The contract will quote the individual artist fees and the client fee for hiring each individual artist for completing the contract in full. The contract will give the “best of knowledge” assignment details of this contract e.g. time, date, place, wardrobe, restrictions, working hours, client fee, artist fees, proposed additional fees, etc. The artist on being emailed (time and dated franked by the email) the contract by BMA must complete the contract in full for the contracted fee otherwise the artist will be liable for any losses incurred. The artist can view the contract at any time via web pin login, and password.
2.3 On Equity related assignments, section 2.2 applies.
2.4 BMA reserves the right to negotiate any post assignment disputes by any party on behalf of the individual artist and client. Any post assignment resolutions negotiated by BMA will be judged by BMA as to be fair and reasonable to all interested parties. The BMA decision is final.
3.1 The artist must give 7 working days’ notice to the agency to withdraw from an assignment, which has been booked by a client.
3.2 The artist shall be liable for any extra costs that have been incurred by BMA, the client or other artists as a result or failure to comply with condition 3.1 of these terms and conditions.
3.3 It is the artists’ responsibility to be available for the duration of the assignment.
3.4 If an artist fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the artist may be liable to pay for costs or losses incurred.
4. Payment and Invoicing
4.1 (a) BMA will invoice the client on the artists’ behalf.
(b) The artist will be notified prior to the assignment of any contractual changes.
(c) The artist gives BMA the authority to receive any money on behalf of the artist.
4.2 (a) BMA will normally make payment to the artist of any fees properly due within ten days of receipt of payment from the client. However under abnormal circumstances i.e. sickness, holiday’s payment may take longer than 10 days, but no longer than 35 days.
(b) BMA is not obligated to pay artist fees prior to payment by the client. The client may take an indefinite period to pay but is requested to make payment normally within 1 month of invoice.
4.3 BMA will not be liable for any outstanding fees to the artist in the event of indefinite delayed payment by the client for whatever reason.
4.4 BMA may in its sole discretion make an advance payment to the artist. A negotiated further 5% will be deducted from the total fees for this service. BMA reserves the right to recover from the artist any advance payment made.
4.5 The artist is self-employed and personally responsible for the payment of income tax, National Insurance contributions and other statutory deductions and where appropriate value added tax. The agency will not be reliable for any artist’s failure to complete any of the above mentioned. All VAT registered artists are responsible for sending in VAT invoices within 30 days of all assignments.
4.6 The artist will invoice BMA with any necessary VAT amount on completing the contract in order to receive payment.
4.7 If the artist wishes BMA to hold onto any monies due for whatever reasons the artist must confirm this undertaking in writing whether by email, text or letter to BMA. If this causes the payment to be held in excess of 30 days BMA will issue a written statement to the worker setting out the amounts held on the workers behalf.
5.1 The artist will be notified and contracted over the telephone by BMA of the rate of payment for a particular assignment in advance of the artists’ acceptance of that assignment. If prior notification is not possible the artist will be so informed.
5.2 BMA will not be liable if the client does not maintain the rates of a contract / payment.
5.3 The artist gives BMA the right to re-negotiate with the client any necessary variations in the rate of payment without any liability to the artist whatsoever.
5.4 Assignments undertaken for overseas clients may carry variations in rate due. For example, currency fluctuations and bank charges and such variations will be carried forward to the payment made to the artist.
5.5 The artist gives BMA permission in their absence to enter into contracts with the client on their behalf.
5.5 The artist gives BMA permission in their absence to enter into contracts with the client on their behalf.
BMA will not accept responsibility or accept liability for any loss costs claims or proceedings incurred by a artist to either persons or property at any time while working, travelling to or from or in connection with any assignment whatsoever.
BMA is not liable for any costs claims proceedings or losses due to the cancellation of an assignment.
8.1 It is the artist’s responsibility:
(a) To ensure that the assignment is fulfilled to the client’s order and satisfaction.
(b) To be punctual for an assignment.
(c) To ensure that the artist possesses the specified wardrobe and accessories.
(d) To ensure that the artist fulfils the assignment as specified in the contract and accept any costs resulting from any deviation of the contract.
8.2 The artist shall bear any extra costs, which are incurred as a result of a breach of this clause 8.1(d).
8.3 The artist will not bring BMA into disrepute and will be a professional representative of BMA at all times.
8.4 Featured Artist. Defined by (a) be required to act individually in a medium shot, or more closely, or (b) possible individual direction, or (c) a direct relationship to perform with a visual featured artist, or (d) possible visibility and recognizable in a crowd or individual scenes, or (e) appear in a vignette either individually or with others.
8.5 Artist upgrade. If the artist is upgraded to a featured artist, the full fees and usage fees will apply
An artist who accepts an assignment from a client introduced to the artist by BMA shall be liable to pay BMA 50% of the fee, which the artist receives.
10. Promotional Material
BMA shall at its discretion invite artists to participate in promotional activities for BMA. BMA will at their discretion reproduce artist prints, website, CD-ROMs, artist books, head sheets or electronic transmissions (fax, Internet, etc.) from any supplied photographs. The artist will bear no costs for this service.
11. Reproduction Rights
11.1 All images and details reproduced in association with the BMA are supplied by the individual artist and/or their associates and with the full permission and consent of the individual artist/associates. BMA cannot be held responsible for any loss howsoever caused by the artist misrepresenting themselves in any way.
11.2 The artist/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with BMA. BMA cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the artist/associates by BMA.
12. Details of Contract
BMA will hold the details of each contract on computer hard disc. At any time the artist can request a print, or see these details. These details will be available for 1 year after the initial date of the contract. The artist is liable to collect and sign for a print of these details from the premises of BMA before the artist can dispute in any way these details. Failure to collect and sign will mean no dispute can be entered into.
13. Termination of Representation
The artist’s representation by BMA may be terminated by BMA without notice but without unfair reason. The artists/associates must resign in a written form to BMA although an artist must fulfil all obligations in respect of an assignment accepted by BMA or the artist is liable for costs incurred by BMA.
BMA requests three months’ notice of termination of contact by any artists/associates.
14. Provisional Bookings
Once an artist is provisionally booked it is the artists’ responsibility to contact BMA if any circumstances change in respect of fulfilling the assignment otherwise the artist will be liable for BMA’s losses.
The artist undertakes on accepting a casting through BMA to fulfil the assignment through BMA any deviation from this acceptance the artist will be liable for BMA’S losses.
During or after the shoot the client has the right to contact BMA with details of any grievances that they feel applicable to that artist(s) on that assignment. The client in their discression may reduce the payment of the artists’ fee in respect of BMA being an Employment Agency
BMA, at their discretion, can instigate legal proceedings (court summons, solicitors’ letters etc.) against a none paying client for any assignment. The incurred legal fees will be deducted from any resulting payment on a proportional basis by both artist(s) and BMA for that assignment. The proportion liable will be calculated in respect of the relative artist fee and the BMA agency fee for that invoiced assignment. For example if the artist fee is 80% and the BMA agency is 20% of the total invoice, the proportion of the legal fees incurred is charged at 80% to the artist and 20% to BMA.
17. Acceptance of terms
Any artist registering with BMA is deemed to do so on the above terms and conditions.
Definitions The words and phrases shall have the following meanings:
Any work of any description which the artist obtains directly or indirectly through BMA
Any person and /or person’s guardian and/or associates who are registered with the agency and is a self-employed person. The artist is the worker
BMA is an abbreviation for BMA Models Ltd
BMA Models Limited of (Head Office)East Passage, Marlowe House, 346 High St, Berkhamsted, Herts, HP4 1HT and any person authorised by BMA to act on their behalf.
Any company, partnership, sole trader, association or organisation notified by the agency to the artist. The client is the hirer.
Any sum or sums of money, which the agency shall notify at any time to the artist, are due and payable by the client or its agent
Scales, tables or agreed term of payment of fees notified by the client
Any client whose method of business necessities payment in any currency other than pounds sterling
Notification by any person other than the artist (whether or not the client, agency or otherwise) that an assignment is not proceeding
The Working Day
The working day is 8 hours between 09:00 hours and 18:00 hours and includes a lunch break of half an hour (shops act 1950).
Any work (other than an assignment) so described by the agency