BMA is a BERR regulated Employment Agency and is restricted by the 1973 Employment Agency Act including amendments
These Terms and Conditions are for Clients (Hirers) and replace any previously issued
BMA charges NO fees to artists in anyway whatsoever
The client undertakes not at any time in the future to employ any of the artists introduced to them through BMA in any capacity whatsoever without the written consent of BMA
1.1 The Working Day. A 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). For Photographic Assignments the minimum booking is 2 hours. For Press Days, Fashion Shows and Promotional Assignments the minimum booking is half a day (4 hours). Clients are responsible for all artists’ meals on all bookings outside London area (see 1.3.)
1.2 Overtime Rates. This will apply as follows: (a) the overtime rate is 150% of the normal hourly rate between 18.00 and 24.00, 1.00 and 9.00. (b) Work on Saturdays 150%, Sundays and Bank Holidays 200% of the normal hourly rate. (c) A special rate to be negotiated for night work between 24.00 and 09.00 hours.
1.3 Travelling Time /Expenses are fully inclusive and are usually charged from BMA to the location and return: this applies to travel outside a five-mile radius of Hyde Park Corner (i.e. Chiswick in the west, Golders Green and Highgate Village in the north, Mile End in the east, Streatham Hill and Tooting Bec in the south.)
1.4 Fittings. Fees to be 50% of the hourly rate, with a minimum booking of 2 hours @ £45 per hour.
1.5 Location Bookings. When a location booking is made, a client must provide transport there and back unless agreed otherwise. If an artist on location is prevented from returning to London to work, half the daily fee is to be paid.
1.6 Weather Permitting Bookings. At the first cancellation half fee is charged unless an artist arrives at the location in which case the full fee will be charged. At the second cancellation, the full fee is charged.
1.7 Poster and Show card Fees/Pack and Media Covers. These are subject to special negotiations.
1.8 Restrictions. The restricted use of the photographs will be negotiated by BMA at the time of the booking. The license to use the photograph is one year in the United Kingdom only for the initial permitted use. Any further usage including picture syndication to be negotiated and agreed in advance with BMA. The Usage (4.0) the Invoicing (5.2) and the Copyright (5.4) regulates this restriction.
1.9 Fashion shows. All photographs and videos of the artist, all such material (or reproductions etc. As set out in 4.1 above) of the show are for reporting purposes only. The client is responsible for ensuring that all present are aware of this condition. If any other usage is required it must be negotiated at the time of the booking.
2.0 PROVISIONAL BOOKINGS Provisional Bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed
3.0 CANCELLATIONS Artists bookings cancelled within 24 hours of the commencement of the booking will be charged at full fee, bookings cancelled within 48 hours of the commencement of the booking will be charged at half-fee. In the case of weekend and full fee will be charged. For bookings of three days or more a cancellation period equal to the length of the booking must be given otherwise full fee will be charged.
4.0 ADDITIONAL FEES
4.1 Usage. Additional fees are payable for the right to use the artist’s image (or reproductions and adaptations of part or complete derived from that image, or any other representation of it, either part or complete whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) from all known or anticipated purposes other than the initial permitted use (i.e. packs, posters, show cards, media covers, swing tickets, etc.) Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. The client is wholly responsible for notifying BMA of any changes to this commission.
4.2 Territory. Additional fees are payable for the right to use the artist’s image (or reproductions etc. As set out in 4.1 above) for all known or anticipated territories other than the United Kingdom. Unless agreed the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed. This use must be included at the time of the booking or use is excluded from all rights
4.3 Exclusion Fees. A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. The client is responsible for interpreting whether competing work has been done. When a artist endorses a product they are unable to complete assignments for any other competitor unless an exclusion fee has been agreed.
5.0 TEST & EXPERIMENTAL PHOTOGRAPHY
A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
6.1 It is the client’s responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to Health & Safety known to the client must be discussed with the artist agent at the time or before the time of the booking. The client is responsible for the artists safety when the artist is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the artists’ health and safety as if the artist were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the artist.
6.2 The agent is not responsible if the artist fails to attend a booking. The client is advised to insure against any losses, which might be suffered if the artist does not keep a booking because of ill health, or some other reason.
7.0 BMA PRACTICES
7.1 Dissatisfaction. Any cause for dissatisfaction must be reported to BMA during the course of the assignment. Otherwise BMA disclaims all responsibility for any loss financial or howsoever caused.
(a) BMA charges a fee to the hirer for the services to be supplied by the artist (worker.) The agent will invoice both agency and artist fees. Unless otherwise agreed at the time of the booking the artist disbursement is included in the invoice total. Equity contracts, the fee negotiated is the artist’s fee from which agency commission will be deducted at 33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
(b) BMA’s standard practice is to accept bookings as a contract over the telephone and/or by e-mail. BMA will confirm this contract by email. The client responsible for commissioning the booking will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking.
(c) The client is liable to pay BMA for the agreed contract irrespective of any post assignment contentions.
(d) BMA reserves the right to invoice the primary client (the owner of the product i.e. designer/manufacturer/owner of product.) For example this may be undertaken if the client is booking on behalf of the primary client in which case the primary client is liable to pay the invoice. All fees for usage are for the right to use the artists image and once agreed are payable whether or not the right is exercised. Unless the agent specifically agrees otherwise, in writing, no usage for the artists’ image is permitted until payment is made in full. The agency reserves the right to alter payment terms.
(e) Use of the photographs is not permitted until payment for all fees has been made.
(f) All fees will be invoiced by BMA unless otherwise negotiated at the time of the booking and verified in writing by the client.
(g) VAT will be added to the invoice where appropriate as lawfully required by HM Customs and Excise
7.3. Payment for assignments must be made within 7 days from the completion of the assignment.
7.4 Copyright. The photographer and /or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any of the images for any usage beyond that agreed or permitted under sections 1,8.1,9, and 4. The photographer/client to this extent agrees to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all these terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences. The client commissioning the photographs (or reproductions and adaptations of part or complete picture) is restricted by copyright. The copyright is negotiated by BMA at the time of the booking. The Usage (4.0) and Invoicing (5.2) regulates this copyright. Copyright remains the property of BMA until all images, reproductions, and adaptations, part or complete are paid for in full.
7.5 Assignment Contract details
(a) BMA will invoice the client on the artists’ behalf.
(b) BMA will offer a conditional contract. On accepting, the client (Hirer) 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.
(c) 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 client 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 client will be liable for any losses incurred. The client can view the contract at any time via web pin login, and password.
(d) On Equity related assignments, section (c) applies.
(e) 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
7.6 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 possible 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.
7.7 Artist upgrade.
If the artist is upgraded to a featured artist, the full fees and usage fees will apply
8.0 Reproduction rights.
8.1 Images. All images and details reproduced in association with BMA are supplied by the individual artist and with the full permission and consent of the individual artist/associates. BMA cannot be held responsible for any loss howsoever caused through the artist misrepresenting themselves in any way.
8.2 Permission. The artist/associate 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 artists/associates by BMA.
8.3 Media Reproductions. BMA reserves all rights to reproduce in any media (electronic, telegraphic, print, etc) any images supplied to BMA by any individual artist/associates.
9.1 All matters relating to the use of the artists image, any other services supplied by the artist and all fees must be negotiated and agreed only with the agent, BMA ARTISTS parent company BMA MODELS LTD. The client or the photographer or any other person on their behalf or connected with them must not obtain the artists signature on any document or attempt to make verbal agreements to anything. Any such signing or proposed verbal agreement is not binding on the artist or BMA the agent. BMA must have a copy of the proposed document for signature prior to the assignment. If in agreement BMA will sign this document and supply a copy of this signed document to the client.
9.2 These terms and conditions for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute. Where the context requires the singular includes the plural and he includes she.
9.3 In the event that the BMA has to pursue legal advice or debt collection agencies, BMA reserves the right to charge for all costs incurred, including third party cost.
BMA acts solely for and on behalf of our artists who are self-employed persons. BMA is a BERR regulated Employment Agency and whilst making every endeavour to provide a satisfactory and efficient service BMA cannot be held responsible for the artists conduct neither on an assignment nor for any loss financial or otherwise whatsoever caused. BMA is not responsible for any costs incurred due to the lateness of an artist on any assignment.