Welcome to www.auditiongaurantee.com (the "Website"). Using the Website confirms that you accept these terms (the "Terms") regardless of whether or not you choose to register with the Website. If you do not accept these Terms, do not use the Website. Please note that the Terms are updated from time to time and it is your responsibility to review these Terms regularly.
GENERAL
These Terms and Conditions apply to and are incorporated into the Contract and prevail over any inconsistent terms or conditions contained or referred to in the Client’s purchase order, confirmation of order, acceptance of a quotation, or specification or other documentation supplied by the Client, or implied by law, trade custom, practice or course of dealing.
All matters relating to the use of the model’s image, any other services supplied by the model and all fees must be negotiated and agreed with the Agent. If the Client or photographer or any other person connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything, that is not binding on the model or Agent unless and until it is agreed by the Agent in writing.
No variation of this agreement shall be effective unless it is in writing and signed by the Agent
AGENCY FEES
All bookings : Both the Agency fees and model fees will be invoiced by the Agency. Unless otherwise agreed at the time of booking the model disbursement is included at 20.00% total.
Equity contract TV commercials in the India
The fee negotiated by the Agency is the model’s fee from which an agency commission will be deducted at 25% of the invoice total.
Non Equity Contract TV Commercials: Model disbursement and agency fee will be charged as and applies to all commercials shot for use outside the India irrespective of where the fee is paid.
Exclusion fees : A special fee will be negotiated in circumstances where, as a result of the Client’s booking, the model is precluded from working on competing products. It is the Client’s responsibility to check whether conflicting work has been done. If a model advertises a product, he/she is able to work for any competitor unless an exclusion fee is negotiated.
PAYMENT
Payment is required 100% advance with 50% Advance & 50% Before work term. The Client is solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the event that the Client is making the booking on behalf of a third party, the Agent may agree, at its discretion, to invoice the third party. In this event, the Agent in no way releases the Client from its liability to make payment to the Agent in accordance with these Terms and Conditions and the Client at all times remains primarily liable to pay the invoice should it remain due.
If the Agent does not receive payment in full from the Client in accordance with paragraph Above, without prejudice to any other right or remedy that the Agent may have, the Agent may charge interest on such sum outstanding at the rate of 8% above the Bank of England base in force at the date of the invoice from the due date until payment is made.
No usage of the model’s image is allowed until payment is received in full, unless otherwise agreed in writing by the Agent. All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.
PROVISIONAL BOOKINGS
Provisional bookings will automatically be 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.
CANCELLATIONS
If a booking is cancelled within one working day of the starting time the full fee will be charged unless the same model is re-booked within 24 hours, in which case half the fee will be charged. If a booking is cancelled outside the one-day period, but within two working days of the starting time than half the fee will be charged. The Agent shall not be liable for any cancellation charges.
Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations.
TEST & EXPERIMENTAL PHOTOGRAPHY & TV COMMERCIALS
A photographer or Client is not entitled to use test and / or experimental photography or test commercials for commercial purposes unless specific arrangements have been made with the Agent prior to the test.
INTELLECTUAL PROPERTY RIGHTS
The photographer and/or the Client and anyone obtaining rights from or through the photographer or Client is not entitled to use any images for any usage beyond that agreed or permitted. 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
COMPLAINTS
cause for complaint must be reported to the Agent, accompanied by supporting photographic evidence, no more than 24 hours after the cause for complaint arises. The Agent will not consider any complaints in retrospect.
LIMITATIONS OF LIABILITY
The Agent’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, of the Agent under these Terms and Conditions shall be limited to the price paid under the agreement between the Client and the Agent.
The Agent is not responsible if the model fails to attend the booking.
The Agent cannot be held responsible for a model’s conduct on any assignment or booking.
FORCE MAJEURE
The Agent is not liable to the Client if it is prevented from, or delayed in performing its obligations under these Terms and Conditions or from carrying on its business by acts, event, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Client or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
JURISDICTION
The terms and conditions of business and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of Mumbai Court.
The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.
DATA PROTECTION
The Client acknowledges and agrees that details of the Client’s name, address and payment record may be submitted to a credit reference agency and personal data will be processed by and on behalf of the Agent for this and related purposes.
ENTIRE AGREEMENT
These Terms and Conditions together with the competed booking form constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
RIGHTS AND THIRD PARTIES
A person who is not a party to the Contract shall not have any rights under or in connection with it.
The Client is not permitted to assign, transfer, charge or make over any of its rights or obligations under these Terms and Conditions without the prior written consent of the Agent.
All fees are to be negotiated only with the Agent. For the avoidance of doubt, the Client nor anyone on their behalf, must not under any circumstances seek or attempt to enter into direct negotiations or contractual terms with the model and any such attempt so to do will have no effect in law or otherwise. All such agreements involving the models services and image use etc must at all times be entered into, in writing, with the Agency.
Photographs may not be used until all fees are paid in full.
Whilst every endeavor is made to provide satisfactory and efficient service to our Clients cannot be held responsible for a model’s conduct on an assignment.
