These terms and conditions regulate the business relationship between you and us.
By using our website in any way you agree to be bound by them.
We are: Sports Glamour Model Agency, a company operating under English Company Laws.
You are: a visitor to our website / a Model / our Client.
1. Definitions in these Terms and Conditions
"Our Website" means www.sportsglamour.co.uk and includes the entire computing hardware and software installation that is or supports our website.
"Content" means information in any form published on our website by us or any third party with our consent.
"Model" refers to .............usually but not always enrolled with Sports Glamour..........
"Actor" refers to .............usually but not always enrolled with Sports Glamour..........
"Client" refers to .......................
"Assignment" refers to .......................
"Agency Services" refers to .......................
2. Relationship between the Parties
These terms and conditions apply so far as the context allows, to you as a visitor to our website; and in any event to you as a user or prospective user of our services provided you are a person residing within the jurisdiction of English Law. Services advertised may not be available. We shall accept your requests and instructions by e-mail confirmation. We may change these terms (including prices) from time to time. The terms that apply to you are those posted here on our website at the time you make your request.
4. Price and Payment
All Prices quoted are in GBP and include VAT where applicable. You must pay us the full price of your order before we send you the ordered Product or Products. You will pay all sums due to us on line by the Payment Method without any set-off, deduction or counterclaim. Payment is via PayPal - you do not need to be a member - and you may use a PayPal approved Credit or Debit Card or your PayPal Account.
We only keep information related directly to our business, and this is only used to:
- provide our Models and Clients with Agency Services;
- maintain our accounts and associated records;
- help us to answer any queries;
- verify your identity for security purposes.
- DISPLAY OF MODELS' DETAILS for promotional purposes.
- All information relating to our Clients and Models is held in the strictest of confidence bar the information that is required and relevant for each Model for the public to view on our website. Addresses, dates of birth, mobile and landline numbers are saved separately from our website information in confidential files.
- Your Credit Card or Debit Card details are never received by us but controlled by our Contract Merchant Service Provider. Such information will be automatically encrypted and later decrypted for use. This encrypted information is retained for reference and security purposes only.
We or our content suppliers may make improvements or changes to our website, its content, or to any of the products, goods or services, at any time and without advance notice.
You are advised that content may include technical inaccuracies or typographical errors.
We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of the product for your purpose;
the truth of any information given on our website;
any implied warranty or condition as to merchantability or fitness of the products and / or goods and / or services for a particular purpose;
compatibility of Our Website with your equipment software or telecommunications connection;
compliance with any law;
non-infringement of any right.
Our website may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of any product, good or service from us.
In any claim against us our liability is limited to the value of the product, good or service you have purchased subject to the Terms and Conditions.
7. Intellectual Property Rights
Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or any other content provider. We will strongly protect its rights in all countries.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, in whole or in part, except as is expressly permitted in these Terms and Conditions.
You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any Content.
8. System Security
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation;
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on Our Website, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions.
Examples of violations are:
accessing data unlawfully or without consent;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
taking any action in order to obtain products, goods or services to which you are not entitled.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
any violation of system security as set out above;
your use of our website;
any other breach or violation of these Terms and Conditions by you;
the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
10. Contractual Limitation
Where we provide product(s), good(s) or service(s) without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such product, good or service.
11. Rights of third parties
Nothing in these Terms and Conditions or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15. Force Majeure
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement in such circumstances.
Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by forseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
Assignment Fees and Travel Expenses
Sports Glamour does NOT pay a Model or Models' travel expenses for an assignment in advance for his/her assignment(s); this is the Client's responsibility. However, there is an exception to this, Sports Glamour will pay for a Model or Models' travel expenses if the Client wishing to book the Model or Models' for an assignment pays Sports Glamour a deposit prior to said assignment thus Sports Glamour can then pay the travel expenses into the Model or Models' account from the deposit made by said Client. However, the deposit made by the said Client must be of sufficient amount to cover the Model or Models' return travel expenses. Normal practice is for the Client to pay the Model or Models' travel expenses (includes return travel) prior to the Model or Models' assignment.
In order to enrol with Sports Glamour and have your details displayed on the website you must pay an enrolment fee of £40 which goes towards administration costs. If you use Electronic Funds Transfer (from a branch of your Bank or with your on-line banking, the payment usually transfers immediately).
Please telephone us when you have transferred your £40 enrolment fee and, during the call, we will check to see if the payment has been received; you will also receive payment confirmation via email.
Enrolment fees are non-refundable.
Shortly afterwards - please allow a while longer if we advise you that detailed work is needed on your 4-image photoset - we will email you again informing you that your details have been included on our website; please review and give feedback.
Sports Glamour will obtain commission in two ways depending on the Client and assignment: our commission is paid either separately to the Models fee or if we do charge a Model commission it is between 10% and 20% depending on the assignment but this will be discussed/negotiated with the applicable Model first and prior to the assignment.
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.
Each assignment will be quoted for individually depending on length of assignment and duties required please check with agency for rates.
Sports Glamour will endeavour to find Model(s) assignments with current and new Clients.
If a Model is late for and assignment without good reason they will be fined.
If a Model does not arrive for an assignment they will be taken off Sports Glamour's books.
Model(s) must confirm by 12noon the day prior to their assignment via text that they are available for their scheduled assignment, they must also confirm via text on arrival at their assignment and text when they have finished their assignment, failure to do any of these will result in a fine.
Models must also give feedback to us regarding the assignment.
All invoice amounts are to be paid direct to Sports Glamour.
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 arranging the Assignment.
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 payments.
New Clients to the agency will be required to pay the initial invoice prior to the commencement of the Assignment.
Usage (for Model Assignments 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.
(a) It is not permitted to use the photographs for any purpose until all fees have been paid.
(b) Unless otherwise agreed, in writing, the additional fees will be for the UK only for a period of 1 year from the date of the Assignment.
Rates for all foreign usages must be separately negotiated.
(c) 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.
TV Assignments (for Model & Actor Assignments only)
As per British Actors Equity Association agreements.
Videos (for Model & Actor Assignments only)
For all videos a daily rate will apply with a possible buy-out fee dependent upon usage.
Location Assignments (for Model, Actor and creative Assignments only)
At the time of the Assignment 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.
Provisional Assignments (for Model, Actor and creative Assignments only)
Provisional Assignments will be automatically cancelled if they are not confirmed within 24 hours of the proposed Assignment, or if a definite Assignment is offered and the provisional cannot be confirmed. The agency will, of course, always give the Client first option to confirm the Assignment before taking any other Assignment.
Weather Permitting Assignments (for Model, Actor and creative Assignments 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 an Assignment 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 an Assignment 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 Assignment is cancelled within a period equal to the length of the Assignment, then the full fee will be charged. Should an Assignment 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.
Fittings (for Model Assignments 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.
Travel (for Model Assignments only)
Travel time will be charged at 50% of the hourly travel rate plus travel expenses, please check with the Agency for rates.
Expenses will be charged at standard return rail fare.
Meals (for Model and creative Assignments only)
Clients are responsible for Models' meals on all Assignments outside the Liverpool & Cheshire area.
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 arranging the Assignment before use can commence.
An Agency supplement is chargeable on all Models and usage fees, except work which is related to commercials to be shown within the UK, for which repeat fees are payable.
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 arranging the Assignment. 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 fees to be paid within 30 days of invoice.
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.
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.
Public Relations / 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.
Sports Glamour does have the right to cancel a job at any point if the nature of the Assignment is considered not appropriate. If the Assignment has already commenced and we then consider the nature of the Assignment inappropriate Sports Glamour do have the right to stop working and will be entitled to full Assignment payment for the Model plus travel expenses.
All Clients must have appropriate Health and Safety regulations in place and inform Sports Glamour personnel of these on arrival to your premises or the location of theAssignment.
The Client is responsible for the Models health and safety when the Model is travelling, or providing services in connection with the Assignment 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 Assignment. The Client is advised to insure against any loss, which might result if the Model does not carry out an Assignment because of ill health, or some other reason.
If any of the above terms and conditions is not adhered to Sports Glamour 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.