Prime Talent - Client Terms and Conditions

These Terms and Conditions set out the agreement between Prime and clients of Prime (each a Client) for the supply of talent to the Client.

The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between the Agency and the client.

Prime requires all negotiations and contracts regarding talent represented by Prime to be conducted exclusively through Prime, and the Client will not enter into any arrangement with talent represented by Prime or previously booked by the Client through Prime, which does not acknowledge or otherwise seeks to circumvent or avoid Prime’s role as an employment agency without the prior written consent of Prime.

1. BOOKINGS

1.1 The Working Day. A working day is 8 hours and includes a lunch break of one hour. For Video Assignments the minimum booking is 4 hours. Clients are responsible for all talents’ meals on all bookings.

1.2 Overtime Rates. This will apply as follows: (a) the overtime rate is £50.00 per hour outside of the 8 hour working day. (b) Weekends and Bank Holiday overtime is £60.00 per hour. (c) A special rate to be negotiated for night work between 24.00 and 09.00 hours.

1.3 Travelling Time /Expenses are fully negotiated and are usually charged from the talent's place of residence to the location and return at 45p per mile.

1.4 Fittings and Recalls. Fees to be negotiated, with a minimum booking of 4 hours.

1.5 Location Bookings. When a location booking is made, the Client must provide transport and accommodation there and back unless agreed otherwise. If a talent on location is prevented from returning to their place of residence, the daily fee is to be paid.

1.6 Weather Permitting Bookings. At the first cancellation, 50% of the BSF is charged unless a talent arrives at the location in which case the full fee will be charged. At the second cancellation, the full fee is charged.

2. PROVISIONAL BOOKINGS

Provisional Bookings/Pencils will be automatically cancelled if they are not confirmed within 48 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed

3. CANCELLATIONS

3.1 By the client: Bookings cancelled within 48 hours of the commencement of the booking will be charged at full fee, bookings cancelled within 72 hours of the commencement of the booking will be charged at half-fee. 

3.2. By the Agency: Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the client for any costs incurred as a result of such cancellation.

4. ADDITIONAL FEES

4.1 Usage. Additional fees are payable for the right to use the talent’s image (or reproductions and adaptations of part or complete derived from that image, or any other representation of it, either part or complete whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) from all known or anticipated purposes other than the initial permitted use (i.e. online, TV, billboards etc.) The Client is wholly responsible for notifying Prime of any changes to the usage agreed.

4.2 Territory. Additional fees are payable for the right to use the talent’s image (or reproductions etc. As set out in 4.1 above) outside of the initial contracted agreement.

 5. INVOICING

5.1   If the client fails to pay in full on the due date (30 days from receipt of invoice), the client will receive a reminder. After 45 days, court will be involved.

5.2   In the event that the client is providing the services on behalf of or to a third party end user, in entering into these terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:

(a) Enters into an agreement with the client on the same terms as these terms and conditions;

(b) Acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 30 days of the date of any invoice received from the Agency 

6. TALENT CARE & SAFETY AND INSURANCE

6.1 The Client shall ensure that the talent is treated with respect and professionalism and that the Client takes all necessary steps to ensure the safety, health and wellbeing of the talent is protected and maintained at all times whilst providing services to the Client.

6.2 The talent will not be videoed or be depicted nude or partially nude (lingerie/underwear) without prior written approval from Prime. See-through, bathing suit or lingerie video/photographs require the express prior written approval of the agency. The use of the Talent’s image must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the talent. The image must not be altered or distorted.

6.3 Subject to the above restrictions, behind-the-scenes filming is permitted on condition that the talent is aware

6.4 The client must provide 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 privacy.

6.5 It is the Client’s responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to Health & Safety known to the Client must be discussed with the talent agent at the time or before the time of the booking. The talent may decline to proceed with the booking if, in the talent’s opinion, there is any risk to the talent’s health and safety. The Client is responsible for the talent’s safety when the talent is providing services in connection with the booking. The Client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The Client is responsible for the talents’ health and safety as if the talent were an employee of the Client. The Client will maintain adequate insurance cover to underwrite its obligation to the talent.

6.6 Always include a credit in the form of “talent’s name” @ “the Agency”, wherever a credit is applied.

6.7 Force Majeure: The Agency shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an “Event of Force Majeure”) and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

6.8 Prime is not responsible if the talent fails to attend a booking. The Client is advised to insure against any losses, which might be suffered if the talent does not keep a booking because of ill health, or some other reason.

7. PRIME PRACTICES

7.1 Dissatisfaction. Any cause for dissatisfaction must be reported to Prime during the course of the assignment. Otherwise Prime disclaims all responsibility for any loss financial or howsoever caused. Complaints cannot be considered and/or dealt with effectively after the services have been delivered.

7.2 Invoicing.

(a) Prime’s standard practice is to accept bookings as a contract over the telephone and/or by e-mail. Prime will confirm this contract by email. The Client responsible for commissioning the booking will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking.

(b) Prime reserves the right to invoice the primary client (the owner of the product i.e. designer/manufacturer/owner of product.) For example this may be undertaken if the Client is booking on behalf of the primary client in which case the primary client is liable to pay the invoice. All fees for usage are for the right to use the talent's image and once agreed are payable whether or not the right is exercised.

(c) Use of the videos/material is not permitted until payment for all fees has been made.

(d) All fees will be invoiced by Prime unless otherwise negotiated at the time of the booking and verified in writing by the Client.

8. CONTRACT DETAILS

8.1 Assignment Contract details

(a) Prime will invoice the Client on the talents’ behalf.

(b) On accepting, the Client is liable to fulfil this contract. Prime will supply the “best of knowledge” assignment details of this contract by email. Each contract applies to any one offer only. Each contract cannot be applied to any other offers past or present.

(c) The contract will quote the individual talent fees and the Client fee for hiring each individual talent for completing the contract in full. The contract will give the “best of knowledge” assignment details of this contract e.g. time, date, place, wardrobe, restrictions, working hours, talent fees, proposed additional fees, etc. The Client on being emailed (time and dated franked by the email) the contract by Prime must sign and date the contract in full for the contracted fee otherwise the Client will be liable for any losses incurred.

8.2 Featured Talent. Defined by (a) be required to act individually in a medium shot, or more closely, or (b) possible individual direction, or (c) a possible direct relationship to perform with a visual featured talent, or (d) any script lines

8.3 Talent upgrade. If the talent is upgraded to a featured talent, the full fees and usage fees will apply.

9. CONTRACT

9.1 All matters relating to the use of the talent image, any other services supplied by the talent and all fees must be negotiated and agreed only with Prime. The Client or the director/producer or any other person on their behalf or connected with them must not obtain the talent’s signature on any document or attempt to make verbal agreements to anything. Any such signing or proposed verbal agreement is not binding on the talent or Prime. Prime must have a copy of the proposed document for signature prior to the assignment. If in agreement Prime will sign this document and supply a copy of this signed document to the Client and artist. All communication relating to talent must be made through Prime and the Client must not store or use talent’s contact details in any way.

9.2 If the client or the director/producer or any other person on their behalf or connected with them obtains the talent’s signature on any document or the talent’s purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the talent or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).

9.3 In the event that Prime has to pursue legal advice or debt collection agencies, Prime reserves the right to charge for all costs incurred, including third party costs.

9.4 Prime acts solely for and on behalf of our talents who are self-employed persons. 

10. WARRANTIES

10.1 The Client warrants and represents to Prime that:

(a) it has full capacity to enter into these Terms and Conditions and perform its obligations under these Terms and Conditions;

(b) the booking form is executed by a duly authorized representative of the Client;

(c) it has all necessary permits, licenses and consents to enter into and to perform its obligations under these Terms and Conditions and such obligations shall be performed in compliance with all applicable laws, regulations, orders and other similar instruments; and

(d) it will promptly disclose to Prime all necessary information and details relating to the provision of the services by the talent to enable Prime to ensure that the talent is suitably prepared and able to perform the services. 

11. MISCELLANEOUS

11.1 Neither party shall make any statement or disclose any information regarding this Agreement without the prior written consent of the other party (save to allow for proper disclosure of information to either party’s professional advisors or as required by law). The Client agrees not to make any comment to the media or others, which shall portray Prime in a negative light.

11.2 The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential

11.3 These Terms and Conditions do not confer any benefit on a third party and a person who is not party to this Agreement has no rights under The Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.4 Any changes to this Agreement will be notified to you in writing (which for the avoidance of doubt, may include notification by email). No variation or amendment to this Agreement shall be binding unless agreed in writing or ‘accepted’ electronically by the Client.

11.5 If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

11.6 These Terms and Conditions shall be governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English Courts.

Updated: December 2022