The following terms of booking (the “Booking Terms”) represent the agreement between you(the “Client”)and CS SPORTS PROMOTIONS(“CS PROMOTIONS”) in respect of the engagement of specified models, actors or performers (the “Artist”) offered by CS PROMOTIONS. It is important that the Client reads and fully understands this document as it establishes the working relationship between the parties. The Client is encouraged at any time to seek clarification on any matter contained in this document by contacting CS PROMOTIONS. The Booking Terms must be signed and returned to CS PROMOTIONS prior to confirmation of a booking. Until such time as CS PROMOTIONS receives a signed copy of the Booking Terms your booking will be deemed a provisional booking. Provisional bookings shall be cancelled if they are not confirmed within 72 hours of the proposed booking. Until such time as the Booking Terms are signed and received by CS PROMOTIONS any proposed Artist shall be free to accept any other confirmed bookings.
1. BOOKINGS AND FEES
1.1 If applicable, work will be conducted and paid in accordance with the relevant union agreement, namely:
BBC/Equity
ITV/Equity
PACT/Equity or
FAA/PACT agreement.
1.2 Save with prior written agreement of CS PROMOTIONS, booking fees will be charged on either a day rate or by the hour. Extra half-hours or parts of half-hours shall be paid at the hourly rate. The minimum booking is for 2 hours. On all bookings exceeding the agreed period of booking overtime rates will apply. Overtime is calculated at one fifth of the daily rate unless agreed upon otherwise. A special rate must be negotiated for night work between 12am – 9am.
1.4 All invoices must be paid within 30 days of the date of invoice. Unless otherwise agreed in writing at the time of booking, the person responsible for booking the Artist remains solely liable for payment. However, CS PROMOTIONS reserves the right to invoice a principal Client (the “Principal”) for work whereby the Client is booking on behalf of a specified third party. In such circumstances the Client and the Principal remain jointly and severally liable to pay the invoice.
1.5 All fees for usage are for the right to use the Artist’s image or likeness and, once agreed, are payable whether or not the right is exercised. Unless specifically agreed in writing with CS PROMOTIONS, usage is not permitted until payment has been received in full.
CS PROMOTIONS reserves the right to alter payment terms until such times as a booking has been confirmed. All payments must be made to CS PROMOTIONS Payments made direct to the Artist will not discharge liability for invoices raised in respect of a confirmed booking. The Client accepts that it shall remain liable for any such outstanding invoices.
2. USAGE
The nature of a booking shall be agreed before the booking proceeds. If this nature of the booking or requested usage is found to be different after completion the Client undertakes not to use the Artist’s image or likeness without the prior written consent of CS PROMOTIONS and the negotiation of a revised fee.
3. PHOTOGRAPHIC BOOKINGS
3.1 All photographic bookings will be paid at an agreed rate, plus appropriate buyout (when required): hourly (min 2 hours), half day (4 hours) or day (8 hours). Over-time is charged at one fifth of the daily rate per hour, unless otherwise agreed.
3.2 The permitted use for photographs is for Editorial, Brochure, Direct Mail and Press advertising only. Fees apply to U.K. only for a period of 12 months from the date of booking. Further usage and/or foreign usage fees are subject to separate negotiation. Neither the Client nor the photographer shall be entitled to use test and experimental photographs for commercial purposes or as part of a portfolio of their work unless specific arrangements have been made before the photographic session. Fees for fittings are charged at half the hourly rate with a minimum of £50 per hour.
4. TV COMMERCIALS
All commercials will be for a 10-hour day and overtime will be paid at a fifth of the daily rate per hour, unless otherwise agreed. A special rate will be negotiated for night work. All featured Artists will be entitled to repeat fees or an equivalent buyout dependant on the number of TVRs.
5. POP PROMOS / CORPORATE VIDEO
Unless otherwise agreed in advance with CS PROMOTIONS, all such engagements will be for a 10-hour day with overtime paid at a fifth of the daily rate per hour. As set out above, a special rate will be applicable for night work. All featured artists will be entitled to repeat fees or an equivalent buyout.
6. VOICEOVER
All Voiceover work will be paid at an agreed rate prior to booking. All featured artists will be entitled to repeat fees or an equivalent buyout.
7. NON COMPETE REQUIREMENTS
If an Artist advertises a product, they shall not be subject to any competitor restrictions unless an exclusion fee is negotiated with CS PROMOTIONS. A special fee will be negotiated when the use of an Artist's image or the service to be supplied by an artist in relation to a product is required on a basis which precludes supplying services or allowing the use of the artist's image for competing products. An artist can supply services to and allow use of the artist's image by any competitor unless an exclusion fee is negotiated. It is the Client's responsibility to check whether conflicting work has been done.
8. OTHER SERVICES
Additional or separate fees will be payable for other services to be supplied by the Artist, including but not limited to personal appearances such as PR purposes, trade show presentations, live events and rehearsals. Fees for such services will be negotiated on a case by case basis.
9. TRAVEL AND SUBSISTANCE
All Travel expenses, per diems and accommodation (where applicable) will be paid by the Client and any travel days will need to be negotiated in advance with CS PROMOTIONS. The Client is responsible for the Artist's subsistence on full day bookings.
10. CANCELLATIONS
Bookings cancelled within 48 hours of the start of the booking will be charged at full fee; if the same artist is re-booked within 48 hours half the fee will be charged. If a booking is cancelled within 72 hours of the start time half fee will be charged.
11. HEALTH, SAFETY AND INSURANCE
Neither the Artist nor CS PROMOTIONS hold Insurance cover for Artists at a booking. Health and Safety is of paramount importance and the Client should make adequate and appropriate arrangements with their Insurers. It is the Client's responsibility to carry out a proper risk assessment of the location, equipment and work conditions. Any potential risk to the health and safety of an Artist known to the Client must be brought to the attention of CS PROMOTIONS prior to booking. The Client is obliged to make sure that all other people engaged in connection with the booking and any associated travel are properly qualified and insured.
12. ARTIST ATTENDANCE
Whilst every endeavour is made to provide satisfactory and efficient service to our Clients, as the agent we cannot be held responsible for a model's conduct on any assignment. CS PROMOTIONS 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 is not keep a booking because of ill health or some other reason. CS PROMOTIONS shall not be liable in respect of any loss or liability arising directly or indirectly through any cause or act as a result of negligence or late arrival by any of the artists. CS PROMOTIONS acts for and on behalf of its Artists and whilst making every endeavor to provide a professional and efficient service we cannot ultimately be held responsible for an artist’s conduct on an assignment.
13. NEGOTIATIONS
All matters relating to the use of the Artist’s image, likeness or any other services supplied by the Artist and all associated fees must be negotiated and agreed only with CS PROMOTIONS. If the Client or any other person on their behalf or connected with them obtains the Artist's signature on any document or the Artist's purported verbal agreement to anything, the Client acknowledges and undertakes that is not binding on the Artist or CS PROMOTIONS unless and until it is agreed in writing by CS PROMOTIONS. The Client undertakes at any time not to employ Artists introduced by CS PROMOTIONS without first seeking and obtaining CS PROMOTIONS prior written consent.
14. EMPLOYMENT
The employment status of an Artist will be dependent upon the contract agreed with the Client. However for the avoidance of doubt nothing in these terms shall render an Artist to be an employee of CS PROMOTIONS in any way. It is the Client’s responsibility to ensure that the Artist is eligible and legally entitled to work in the United Kingdom and it acknowledged and agreed that CS PROMOTIONS shall have no responsibility or liability in respect of the work status of an Artist.
15. MISCELLANEOUS
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. CS PROMOTIONS reserves the right to negotiate within the structure of these terms and conditions.
