Terms & Conditions

1. Acceptance of Terms and Conditions

As required by the Regulations, the Vantree Management Booking Form must be signed and returned by the Client. For the avoidance of doubt, the Client's continuing instructions in relation to any Booking will amount to the Client's acceptance of these Terms of Booking.

Any amendment and/or variations made to the Booking Form shall not be valid and binding unless an authorised representative of Vantree Management has agreed to such amendment and/or variation in advance and confirmed such agreement in writing on the Booking Form, with the amended Booking Form then being signed by Vantree Management and the Client.

2. Definitions

The following definitions and rules of interpretation in this clause apply in this agreement:

'Additional Usage' means any further usage (in addition to the Permitted Use) granted to the Client to use the Artist's image or reproductions, or adaptations thereof for a purpose, territory and/or time limit to be negotiated and agreed between Vantree Management and the Client.

'Booking' means any services requested of the Artist by a Client in connection with any form of advertising, entertainment, leisure, marketing, public relations activities, acting, television or any other medium of work undertaken through Vantree Management in consideration of the Booking Fee.

'Booking Fee' means the amount quoted or charged inclusive of the Commission (but exclusive of the Client Supplement) to the Client for any Booking. Not registration/licence fee.

'Booking Form' means the form forwarded to the Client by Vantree Management in relation to any Booking which contains the specific terms of each Booking.

'Client' means any third party individual, partnership, company or other organisation which contracts with Vantree Management with a view to procuring the services of the Artist.

'Client Supplement' means a supplement of 20% which will be added to the Booking Fee and invoiced to the Client.

'Commission' means the percentage of the Booking Fee retained by Vantree Management.

'Normal Rates' means the normal hourly, half day and full day rates charged by Vantree Management for each Booking. These rates are available on request.

'Permitted Use' means the agreed right granted to the Client to use the Artist's image or reproductions for the purpose, territory and time limit agreed and confirmed by Vantree Management on the Booking Form.

'Regulations' means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended.

'the Artist' means any individual contracted to perform Bookings for Clients through Vantree Management, including without limitation models, actors, promotional staff and presenters.

'Vantree Management' means the model/Artist agency trading as Vantree Management.

'Ultimate Client' means the designer, manufacturer or owner of any product where the Client is, for example, an advertising or public relations agency who books the Artist through Vantree Management on behalf of the Ultimate Client.

3. Prevailing Terms of Booking

3.1 The Client acknowledges, accepts and agrees that Vantree Management is the supplier of services which shall be strictly and exclusively governed by these Terms of Booking and that these Terms of Booking supersede and prevail over any other terms of the Client or their associates.

3.2 The Client acknowledges that there are no representations, statements or promises made or given by or on behalf of Vantree Management outside these Terms of Booking which have induced the Client to agree to these Terms of Booking.

3.3 If there is any conflict between the Terms of Booking and the Booking Form then the terms of the Terms of Booking shall prevail.

4. Booking Fees

4.1 Booking Fees are agreed on the information provided by the Client regarding Permitted Use and duration of Booking. Any Additional Usage must be negotiated with Vantree Management.

4.2 Booking Fees will be calculated by Vantree Management and agreed with the Client in advance of any Booking.

4.3 Overtime rates apply on all Bookings in excess of any 8 hour period. Overtime/special rates also apply to Bookings outside of the hours of 09:00 and 18:00:

• One and a half times the Normal Rates between 18:00 and 24:00
• Double the Normal Rates on Sundays and bank and public holidays
• One and a half times the Normal Rates on Saturdays between 09:00 and 24:00
• A special rate will be negotiated for night work between 24:00 and 09:00

Any time spent by the Artist travelling to or from a Client's venue will be charged at half the Normal Rate for Bookings outside the M25 region in London.

All expenses incurred by Vantree Management on the Client's behalf will be charged to the Client and will include an uplift of 12.5% of the total amount of the expenses.

5. Additional Usage Fees

5.1 Additional Usage fees must be negotiated and agreed with Vantree Management prior to the Client using the images or footage of the Artist for anything other than the Permitted Use.

5.2 The Client shall pay Additional Usage fees for any Additional Usage, to be negotiated and agreed with Vantree Management.

5.3 It is the Client's responsibility to notify Vantree Management of any proposed Additional Usage. In the event that Vantree Management is not notified and subsequently becomes aware of the Additional Usage, Vantree Management reserves the right to invoice the Client the amount deemed reasonable and appropriate.

6. Vantree Management Fee

6.1 All Booking Fees charged for the right to use images, once agreed, are payable by the Client irrespective of whether such images are subsequently used.

6.2 Vantree Management charges a Client Supplement on all Bookings (excluding equity contracts and equity contract TV commercials).

6.3 The Client Supplement will not apply in relation to BBC and Equity contracts and Equity Contract TV Commercials.

6.4 All Booking Fees relating to music videos will be negotiated between Vantree Management and the Client on a Booking by Booking basis.

6.5 All Booking Fees relating to fashion shows will confer the right to use photographs and video of the show for reporting purposes only. Any other usage must be disclosed and an Additional Usage fee negotiated and agreed with Vantree Management.

7. Provisional Bookings

Provisional bookings are permitted by Vantree Management to permit the Client to reserve the Artist. Provisional bookings will be automatically cancelled if they are not confirmed by the Client within 24 hours of the proposed booking.

8. Cancellations

8.1 Where a Booking is cancelled by the Client within a 24 hour period of the start time, the full Booking Fee will be charged unless the same Artist is rebooked within 24 hours of cancellation (in which case only half the booking fee will be charged).

8.2 Where a Booking is cancelled outside of the 24 hour limit but within 48 hours of the start time, then half the Booking Fee will be charged.

8.3 Where a Booking of more than three days' duration is cancelled within a period equal to the length of the Booking, the full Booking Fee will be charged.

8.4 Vantree Management shall use reasonable endeavours to provide the Client with reasonable notice of any cancellation by Vantree Management and shall offer a suitable Artist replacement.

8.5 Weather related cancellations: on the first occasion half the Booking Fee will be charged; on the second occasion (and thereafter) the full Booking Fee is charged.

9. Meals

Clients are responsible for the provision of all meals and beverage requirements of the Artist (taking into account dietary requirements) whilst the Artist is providing services to the Client.

10. Invoices

10.1 Both the Booking Fee and (where applicable) the Client Supplement will be invoiced by Vantree Management.

10.2 Unless otherwise agreed, the invoice will include the Artist disbursement at 66.6% and Vantree Management's disbursement at 33.3% of the invoice total (except in relation to Equity contracts, where it is 80%/20%).

10.3 Payment of invoices is required within 30 days of the date of the invoice.

10.4 All fees for the Permitted Use are for the right to use the Artist's image and, once agreed, are payable whether or not such right is exercised.

10.5 If the Client fails to pay on the due date, the amount outstanding shall bear interest at five per cent per annum over Barclays Bank plc base rate from time to time from the due date until payment is made in full.

11. Exclusivity

11.1 The Artist is supplied to the Client by Vantree Management on a non-exclusive basis and the Artist shall be free to provide similar and/or competing services to any third party.

11.2 An additional fee will be negotiated when the use of the Artist's image is required on an exclusive or semi-exclusive basis. It is the Client's responsibility to check whether the Artist supplied has undertaken any conflicting work.

12. Test and Experimental Photography

12.1 A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.

12.2 A photographer who shoots Artists booked through Vantree Management for test and/or experimental photography must not request that such Artist sign any release documentation.

12.3 All usage of any test or experimental photography must be fully disclosed to Vantree Management prior to such photography taking place.

13. Complaints

Any cause for complaint should be reported to Vantree Management as and when it arises. Complaints cannot be considered, or remedied, in retrospect.

14. Artist Care and Safety

The Client shall ensure that the Artist is treated with respect and professionalism. The Client warrants that it will ensure that the safety, health and well being of the Artist is protected and maintained at any Booking, including:

• Ensuring that the location or venue for the Booking is safe and secure
• Ensuring the Artist takes regular rest periods on the Booking
• Providing adequate levels of insurance cover to safeguard the health and safety of the Artist
• Ensuring that all people engaged by the Client are suitably qualified and professional
• Ensuring that no one imposes upon the Artist any action which is dangerous, degrading or demeaning
• Providing the Artist with an appropriate changing and dressing area

15. Artist Credits

Always include a credit as "Artist's name @ Vantree Management" wherever a credit is applied.

16. Client Warranties

The Client warrants and represents to Vantree Management that the Booking Form is executed by an authorised representative of the Client and that the Client will take all steps necessary to ensure that the Artist is protected and treated in a professional manner in accordance with all applicable laws.

17. Intellectual Property Rights

17.1 The Client is not entitled to use any images for any usage beyond the Permitted Use unless Additional Usage is agreed with Vantree Management.

17.2 All rights not expressly granted to the Client are hereby reserved to Vantree Management and/or the Artist. Vantree Management is the owner or licence holder of all commercial rights, image rights and intellectual property rights relating to the Artist.

18. Contract

18.1 All negotiations relating to Permitted Use, Additional Usage, Booking Fees and any other services supplied by the Artist must be negotiated and agreed with Vantree Management.

18.2 Any agreement made directly with the Artist relating to the use of the Artist's image is invalid unless agreed in writing by Vantree Management.

19. Liability and Insurance

19.1 It is the Client's responsibility to arrange insurance against the Artist's inability to attend through sickness or unforeseen circumstances.

19.2 Vantree Management shall not be liable for: loss of business, use, profit, anticipated profit, contracts, revenues, goodwill; product recall costs; failure by the Artist to attend a booking for whatever reason; damage to the Client's reputation; or consequential, special or indirect loss or damage.

20. General

20.1 No variation to these Terms of Booking shall be binding unless agreed in writing between an authorised representative of Vantree Management and the Client.

20.2 If any clause or provision of these Terms of Booking shall be held invalid or unenforceable, the remainder will not be affected and shall remain in force.

20.3 These Terms of Booking and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.

21. Company Status

Vantree Management is a Sole Trader company and not a limited company.