Terms & Conditions
By sending your application to SModels, you agree to the following terms and conditions (hereinafter the “Agreement” or the “Terms”).
Agreement between the Model's and SModel's.org
The SModels.org website (the “Site”) is comprised of various web pages operated by SModels.org. Smodels.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.allmyfriendsaremodels.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting SModels.org or sending emails to SModels.org constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
SModels.org does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SModels.org only with permission of a parent or guardian.
Links to third party sites -Third party services
SModels.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SModels and SModels is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SModels is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SModels of the site or any association with its operators.
Certain services made available via SModels.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the SModels.org domain, you hereby acknowledge and consent that SModels may share such information and data with any third party with whom SModels has a contractual relationship to provide the requested product, service or functionality on behalf of SModels.org clients. We will in good faith try to contact you before submitting personal information.
No Unlawful or Prohibited Use - Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SModels.org or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The content, in all forms including audio and video, on the Site that has been sourced from various online sources such as Instagram, Facebook and other webpages will acknowledge and credit the rightful owner of this content. If SModels fails to correctly credit such content, it will be removed/ credited immediately upon request.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SModels content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SModels and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SModels or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by SModels from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SModels Content accessed through SModels.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SModels, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SModels reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SModels in asserting any available defenses.
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR CONCERNING THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATORS AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND ACTUAL ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARDS TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination - Access Restriction
SModels reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oklahoma and you hereby consent to the exclusive jurisdiction and venue of courts in Oklahoma in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SModels.org as a result of this agreement or use of the Site. SModels’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SModel’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SModels with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SModels with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SModels with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The client or any associates of the client must never make any bookings directly with SModels personnel during the campaign or at any time after the event.
The client or any associates of the client must never approach SModels’s personnel direct. The client must never request SModels personnel telephone numbers, address or email address during the campaign or at any time after the event. Or indeed supply the SModels personnel with their contact telephone number, address or email address. The client must not befriend SModels personnel on social networking sites.
Fees and prices are not to be discussed with SModels personnel.
For model bookings
All fee are based on an 8 hour day unless otherwise stated (excluding Equity contracts) including a 1-hour lunch break (Shops Act 1950)
Models may be booked for a full day, a half-day or hourly. Extra half hours or parts of hours shall be paid at half the hourly rate. Expenses will be added where appropriate.
On the day/evening of an assignment if you require SModels personnel to work out of the designated hours you must verbally speak to Julie for clarification of our overtime rates, if not already quoted.
3. For Promotion Personnel
Each assignment will be quoted for individually depending on length of assignment and duties required please check with agency for rates.
All invoice amounts to be paid direct to SModels Agency and not SModels personnel. In all cases the client responsible for commissioning the work will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. Where payment for title to a models photographic image, reproduction, drawing or any adaptation thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT.
All invoices to be settled with 30 days from the date of the invoice. Interest will be added at a rate of 5% per calendar month or part thereof on all overdue invoices.
New clients to the agency will be required to pay the initial invoice prior to the commencement of the booking
5. USAGE (For Model Bookings Only)
Unless otherwise agreed, in writing, the permitted use for photographs is for editorial, or press advertising and EXCLUDES posters, packaging, display material (i.e. showcards, point of sale, swing tickets etc.), CD, video and DVD covers and stills in commercials. An additional rate is payable for each of the above categories. The client is responsible for negotiating the additional fees for each of these categories before use can commence.
It is not permitted to use the photographs for any purpose until all fees have been paid.
Unless otherwise agreed, in writing, the additional fees will be for the USA only for a period of three months from the date of booking. Rates for all foreign usages must be separately negotiated.
An additional rate is payable for any other use of the photographs, or reproductions or adaptations thereof, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings, other than the permitted use.
6. TERRITORY (For Model Bookings Only)
All fees quoted are for the USA only for a 3 months period from the date of the booking unless otherwise agreed in writing.
7. VIDEOS (For Model & Bookings Only)
For all videos a daily rate will apply with a possible buy-out fee dependent upon usage.
8.LOCATION BOOKINGS (for model, and creative bookings only)
At the time of the booking the client must provide details regarding transport available and/or overnight stays. In some cases a fee will be charged for an overnight stay if it prevents a model from working on the day he/she has to travel.
9.PROVISIONAL BOOKINGS (for model and creative bookings only)
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. The agency will, of course, always give the client first option to confirm the booking before taking any other booking.
10.WEATHER PERMITTING BOOKINGS (for model and creative bookings only)
At the first cancellation a half fee will be charged, unless the client fails to cancel in time to prevent the models attendance, in which case the full fee applies. Second cancellation will be charged at full fee.
If a booking is cancelled within one working day of the starting time, full fee is 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 start time then a half fee will be charged. If a trip or long booking is cancelled within a period equal to the length of the booking, then the full fee will be charged. Should a booking be cancelled due to illness or other reasons beyond the models or agents control (and providing that appropriate evidence is produced) neither the model nor the agent shall be responsible for cancellation charges.
12.FITTINGS (for model bookings only)
The first hour of fittings will be charged at the full hourly rate, every hour thereafter will be invoiced at half the hourly rate.
13.TRAVEL (for model bookings only)
Travel time will be charged at 50% of the hourly travel rate, please check with the Agency for rates.
Expenses will be charged at standard return rail fare.
14.MEALS (for model and creative bookings only)
Clients are responsible for models’ meals on all bookings.
Payment of the agreed fee confers the right to make use of models’ services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be negotiated at the time of the booking before use can commence.
An Agency supplement is chargeable on all models and usage fees, for which repeat fees are payable
18.RESTRICTIONS ON A MODEL
A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. It is the client’s responsibility to check whether conflicting work has ever been undertaken. It must be understood that if a model advertises a product he/she is able to work for a competitor unless an exclusion fee is negotiated.
19.TEST AND EXPERIMENTAL WORK FOR PHOTOGRAPHY OR COMMERCIALS
Models will not sign a release form and the photographer or client must not use photographs from test or experimental shoots or test commercials, unless specific usages and fees have been agreed with the agency prior to the use commencing.
Any complaints should be reported to the Agency DURING THE COURSE OF THE BOOKINGS. Complaints will not be considered in retrospect.
21 CARE & SAFETY
22.1 The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and well being of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
22.1.1 ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
22.1.2 allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
22.1.3 providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client;
22.1.4 ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
22.1.5 ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
22.1.6 ensuring that the services are delivered and the model is treated in accordance with The Association of Model Agents’ Code of Practice; and
22.1.7 providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
PR / PRESS CALL PHOTOSHOOTS
All photographs taken on PR shoots can only be used for press use by way of PR.
They cannot be used in any commercial advertisement on behalf of the client concerned. Usage rates and endorsement fees will be charged should this occur. A query on this should be confirmed before the photo takes place. Rates on these jobs are for PR use only.
SModels does have the right to cancel a job at any point if the nature of the booking is considered not appropriate. If the booking has already commenced and we then consider the nature of the booking in appropriate Impact Models do have the right to stop working and will be entitled to full booking payment for the model plus travel expenses.
All clients must have appropriate Health and Safety regulations in place and inform SModels personnel of these on arrival to your premises or location of booking. Our Health and Safety questionnaire must be completed and returned with the terms and conditions before booking any of our personnel.
The client is responsible for the models health and safety when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model.
The agent is not responsible if the model fails to attend the booking. The client is advised to insure against any loss which might result if the model does not keep a booking because of ill health or some other reason
If any of the above terms and conditions is not adhered to SModels do have the right in this instance to take legal action, to recover the applicable loss. We reserve the right to Negotiate within the structure of these terms and conditions.
The Terms and Conditions are without prejudice to any claim against the client.
Changes to Terms
SModels reserves the right, in its sole discretion, to change the Terms under which SModels.org is offered. The most current version of the Terms will supersede all previous versions. SModels encourages you to periodically review the Terms to stay informed of our updates.
Clients are requested to carefully read the following terms and conditions which must be strictly adhered to at all times. We request that you read our business terms prior to calling the agency for a quotation. Please note that the following is standard practice with all our clients. We would expect standard agency rules to apply to each booking undertaken with SModels Models & Casting agency Limited.