TERMS AND CONDITIONS
Storm Management LLC (“Storm”)
TERMS & CONDITIONS FOR BOOKING TALENT:
The following are general booking terms and conditions between Storm and the Client. Storm will advise and counsel Client in the selection or consideration of Talent. It is further understood and agreed that Storm is acting as an agent only and does not operate as an employment agency.
AGENCY SERVICE FEE
A 20% agency service fee is added to each booking over and above the negotiated Model or Talent rate. The total booking charges are due in full within 30 days from the invoice date. All payments are invoiced by Storm to the Client and will be paid to the Agency. Payments will not be made directly to the Talent unless specifically agreed at the time of the booking.
Standard hourly rates are charged during Monday to Friday for an eight-hour day commencing after 7am and finishing by 7pm, excluding public holidays. Any booking which is over 5 hours will be charged at the day rate. Booking fees are charged by the day or by the hour, or on an alternative basis, for example, a set fee for a catwalk show.
Hours are calculated from “call time” to “wrap time”.
A “full day” is 8 working hours; this includes hair and makeup prep time.
A “half-day” is 4 working hours; this includes hair and makeup prep time.
A minimum booking is considered 2 hours for stills.
If a booking finishes prior to the originally booked time for any reason, the Talent must be paid for the hours booked as stated on the booking sheet regardless of whether the job was completed early.
If a booking takes longer than the originally booked hours, then all session rates and/or overtime rates will apply.
All Talent rates are negotiated separately. Any usage fees are to be discussed with Storm at the time of booking and any unauthorized “re-usage” by Client shall be billed to Client automatically.
Overtime charges shall apply to Talent’s “day rate” when they are required to work in excess of eight (8) consecutive hours on any given day with a break for lunch. Any hours worked before 7am will charged at 1.5x the hourly rate. If the shoot lasts beyond the scheduled time, Client shall pay an overtime rate of 1.5 the hourly rate from 8-12 hours and 2.0 for all overtime over 12 hours, and any additional expenses required. Any waiver of overtime fees over 8 hours must be approved in writing by agency representative prior to overtime otherwise overtime fees will apply.
All images of the Talent are permitted to be used only as detailed on Storm’s booking confirmation form or other written agreement. Any further usage is NOT permitted. Any advertising or promotional usage must be approved in writing in advance with the Agency.
Please note the Talent is NOT authorized to sign release forms without the agency having first approved them. Any form signed by Talent, which was not approved by the agency, will not be valid. It is agreed between the parties that rights provided herein are not granted to the Client until payment in full has been received or until such time as all payments owed are made.
Any usage or posting intended for the Talent’s own channels must specifically negotiated as a separate item. Such fees do not form part of standard web / digital media usage terms.
EXCLUSIVITY OF GOODS OR SERVICES
A special fee will be negotiated when the work is in conjunction with a product or service that excludes work for competing products or services. It is the Client’s responsibility to check, at time of booking whether the Talent has previously performed any conflicting work. If the Talent advertises a product, it is agreed they are free to work for any competitor in the future unless an exclusivity fee is negotiated and paid to Storm.
LINGERIE & UNDERWEAR RATES
Client must specify the type of lingerie at time of booking and these sessions must be done on a closed set. Lingerie rate applies to bras, briefs, boxers, slips, pantyhose, sleepwear, transparent or translucent articles of clothing. The Agency must check with the Model(s) before confirming any lingerie booking.
Overtime charges shall apply to Talent on “day rate” in which they are required to work in excess of eight (8) consecutive hours on any given day with a break for lunch. If the shoot lasts beyond the scheduled time, Client shall pay an overtime rate of 1.5 the hourly rate from 8-12 hours and 2.0 for all overtime over 12 hours, and any additional expenses thereby required. Any waiver of overtime fees over 8 hours must be approved in writing by agency representative prior to overtime otherwise overtime fees will apply.
Travel time will be charged at half the Talent’s hourly rate. Whenever Talent are required to be at locations not easily accessible by public transport the client is responsible for traveling expenses incurred beyond public transport point such as car service and taxi etc.
Clients are responsible for Talent’s meals and refreshments on all bookings exceeding 6 hours.
TALENT CARE & SAFETY
Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the Talent’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the Talent. The image must not be altered or distorted.
The client shall be solely responsible for ensuring the Talent is treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and wellbeing of the Talent is protected at all times by the client and/or any third parties engaged by the client in relation to the delivery of the services. Such steps shall include without limitation:
- ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the Talent to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws;
- allowing the Talent to take suitable and regular rest periods, to ensure the Talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
- ensuring that all of the third parties engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional and treat the Talent in a professional and respectful manner;
- ensuring that no one imposes upon the Talent any action, activity or environment which is either dangerous, degrading, unprofessional, unsafe and/or demeaning to the Talent;
- providing the Talent with an appropriate changing and dressing area to ensure that the Talent can prepare for the provision of the services and also maintains his/her/their privacy; and
- always include a credit in the form of “Talent’s name” @ “the Agency”, wherever a credit is applied.
For all bookings, if a booking is cancelled:
Less than 24 hours prior to booking – full fee.
Less than 72 hours prior to booking – half fee.
Bookings that are reduced in time within one working day before bookings – full fee of original booked time will be charged.
WEATHER PERMIT CANCELLATION FEES
The weather permit option must be stated by the Client at the time of the booking, Cancellations or postponement requires at least 24 hours’ notice, otherwise a 50% charge will be made. First postponement: no charge if job is rescheduled within 5 days; Second postponement: half charge; Third postponement: full charge.
As Storm at no time is deemed to employ Talent, it is the responsibility of the Client to ensure adequate levels of Insurance (including public liability) exist to cover the health, safety and earnings of all Talent used at any/all locations. Travel to and from the booking locations must be included in such insurance coverage. An alternative is to include amounts paid to Talent with the Client’s annual workers’ compensation insurance calculations so that the Talent is then covered under the client’s workers’ compensation insurance policy when performing work for the Client. Storm is not required to, nor holds, any insurance for Talent (excluding public liability when Talent is physically in the Storm office).
Storm acts for and on behalf of the Talent and will make every endeavor to provide an efficient service to the client. Storm is not responsible for a model’s conduct during a booking and the Client agrees that Storm will not be made liable for any loss or damage to or claimed against the Client as a result of the Talent’s actions or omission. Talent agrees to conduct himself/herself with propriety and dignity, and to do nothing on an engagement or otherwise that may tend to injure the reputation and goodwill of Talent or Storm, nor to do any act or thing which impairs Talent’s capacity to comply fully and at all times with the terms of this agreement, or which impairs Talent’s physical or mental qualities and abilities. Talent further agrees to abide by all standard rules and policies of Storm with regard to behavior on castings and bookings. Storm may, upon five (5) days’ notice to Talent terminate their agreement for breach of this section.
Any cause for complaint should be reported back to Storm immediately. Complaints will not be considered in retrospect. Upon signing any agreements, bookings, vouchers or contracts, the Client agrees to indemnify Storm and its employees and/or agents, against any legal claims, liability and responsibility in regards to any damages arising out of, or in connection with the Talent chosen or the relationship established by the accepted agreements, bookings, vouchers or contracts, between the Client and Storm.
PAYMENT TERMS OF INVOICE
Payment of the Talent fee and any other monies payable are required to be paid in full by the Client by the due specified on the relevant booking sheet, sent to the last known address of the Client. In all cases the Client will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation in writing be given prior to the booking date. If the Client fails to pay the amounts due in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including all debt collection fees. Storm will charge a late fee of two percent (2%) per month on all accounts that remain payable after 30 days have passed from the due date.