Terms & Conditions
Model booking policy
PAYMENT:
A 50% deposit is required within 30 days prior of booking date to ensure availability. Balance must be completed and cleared 72 hours before event.A service charge of twenty percent (20%) will be added to all model and talent fees, use fees and renegotiated fees.All payments are invoiced by Model Mafia to the Client . Payments are not made directly to the Talent.
Rapid bookings
Bookings request for 3 or more models made in less than 30 days of event date is considered a “rapid booking” in the event models are selected at random based on the details given and the availability of our talent. Payment is to be made in full within 24 hours of booking request. If you would like to select your talent we advise you book 30 days in advanced
full and half day rates
Minimum of 2 hours
Our half day rate covers 0-4hrs; our full day rate covers up to 8hrs. Overtime is charged after 8hrs and is agreed between the agency and client.
Booking lengths must be specified at the time of the booking and shall constitute the minimum billing time. All model and Talent Rates shall be established at the time of booking. All usage negotiated separately. These rates will be based on standard business operating hours 9am – 6pm weekdays. Overtime is charged at time and one half before 9:00am and after 6:00pm
USAGE:
All rights granted are contingent upon receipt of all fees including agency service charges.
Rights released are those specifically enumerated and marked on the release/contract billing authorization provided by MODEL MAFIA, All other rights reserved. Usage fees must be negotiated for billboards, posters, packaging, POP’s, national retail/magazine advertisements, websites, international usages, FSI’s stills for television/film, web usage, exclusivity, and use of actual names and or other specialized uses
CONFLICT/EXCLUSIVITY:
All rights not expressly granted to the client under the Agreement are hereby fully “ fair use” reserved to the Agency and/or the talent as appropriate. In particular, the client acknowledges and agrees that the Agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the talent and the Agency and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the talent or the Agency other than the rights specifically granted to the client under the Agreement.
For the avoidance of doubt, notwithstanding anything in the Agreement, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that the Agency and the talent may use the images (or reproductions ) resulting from any booking in any form whatsoever for the following purposes:
in order for the talent and the Agency to promote the talent and in the search of future booking opportunities for the talent; and for internal and portfolio promotional purposes.
Intellectual Property Rights
The photographer and/or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any images for any usage beyond that agreed or permitted under section image usage. The client will procure that the photographer/client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the client is not the photographer, the client shall draw all these booking conditions to the attention of the photographer and procure his agreement to them before the shoot commences.
All rights not expressly granted to the client under these booking conditions are hereby reserved to MODEL MAFIA and/or the model/talent as appropriate. In particular, the client acknowledges and agrees that MODEL MAFIA is the owner or license holder of all commercial rights and intellectual property rights relating to the model/talent and MODEL MAFIA and the client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model/talent or MODEL MAFIA other than the rights specifically granted to the client under these booking conditions.
For the avoidance of doubt, notwithstanding anything in the booking confirmation form or these booking conditions, including but not limited to any grant of exclusivity over the use of the images, the client acknowledges and agrees that MODEL MAFIA and the model/talent may use the images resulting from any booking in any form whatsoever, solely in order for the model/talent and MODEL MAFIA to promote the model/talent and in the search of future job opportunities for the model. The model/talent and MODEL MAFIA acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the booking confirmation form and these booking conditions.
CLIENT RESPONSIBILTY:
Provide agency with complete information prior to the booking, including usage. Provide agency with exact wardrobe model requirements, shoot location, time and date and furnish safe and secure dressing/holding facilities for talent. Provide any specific weather permits regarding booking.Client or model/talent should report any complaints promptly during the course of the booking. Complaints will not be considered in retrospect.
cancellation
If a booking is cancelled within three working days of the starting time the full fee will be charged.
If a booking is cancelled outside of the three day period but within five working days of the starting time, 50% of the fee will be charged.
With cancellations or alterations relating to events, Clients will be required to cover all costs incurred by Model Mafia
provisional bookings
Provisional bookings will automatically be cancelled if they are not confirmed within 72 hours of the proposed booking or if a definite booking is offered and the provisional booking cannot be confirmed.
dissatisfaction procedure
In the event that Client is not satisfied with Personnel provided by Agency, Client must notify Agency within the first 30 minutes of the event starting. If Client does not so notify Agency, Client shall be deemed to have accepted the Personnel and Agency will accept no liability in respect thereof and Client shall not be entitled to reject the Personnel or claim a discount.
Model Cancellations
In the event a model cancels, we will provide an understudy with a similar look-if we are not able to provide a replacement the client will receive a refund if the client is unhappy with replacement model,client has 30min to notify model mafia or we will assume the booing is being fulfilled (this does not apply for rapid bookings)
restrictions on direct engagement of agency staff or subcontractors
Client agrees not to directly employ Agency’s staff within 6 months of the last day of the booking. If the Client does em-ploy or engage Agency Personnel, Client will be liable to pay Agency a commission at its then current rates.
insurance
The agent is not responsible if the model fails to attend the booking. While a replacement or refund will be offered, 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.
These terms and conditions and the contract between MODEL MAFIA and Client governed by these terms and conditions shall be governed by State of California and the parties agree to submit to the exclusive jurisdiction of the California Courts.
Non-Compete. Employers
hereby covenants and agrees that Employer will not, without the prior
consent of the Model Mafia , directly or indirectly, whether individually or through any entity controlled by Employee, during the term of this Agreement and for a period of 3 years from the termination of this Agreement, for any reason, directly or indirectly, on his own behalf or in the service or on behalf of others, whether or not for compensation, engage in any business activity, or have any interest in any person, firm, corporation or business, through a subsidiary or parent entity or other entity (whether as a shareholder, agent, joint venturer, security holder, trustee, partner, consultant, creditor lending credit or money for the purpose of establishing or operating any such business, partnership or otherwise) which is competitive with the then existing business of the Company
financial
Client agrees to keep all financial issues strictly confidential and agrees to only discuss rates with the Agency.
meal allowance
The client is responsible for providing a meal for models on all full day bookings.
Cancellations:
Model Mafia believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:
Refunds:
Refunds will be made either in the same form that the payment is received within 10 working days from the date of cancellations or by direct bank deposit.
FASHION SHOWS
Customers may change their production plan’s effective dates to cover a new or rescheduled show as long as that show is scheduled to be completed within 770 days from the brands original purchase date.
production refunds due to unknown, foreseeable, or unexpected events, epidemics, government prohibitions, warnings, or travel advisories are non refundable, but equivalent credit will be offered towards services within our company, until permitted otherwise .
EXCLUSIONS
Model Mafia does not cover any loss directly or indirectly arising out of, contributed to by, or resulting from:
6.1 non-appearance of any person or group(s) of persons.
6.2 the participants and/or Member’s lack of care, diligence or prudent behaviour, the result of which would increase the risk, and/or likelihood of a loss, hereunder.
6.3 any contractual dispute or breach by any Member.
6.4 alterations or variance of Event(s) without the prior written approval of the producers.
actual or threatened war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power.
Post, e-mail, upload or transmit any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except as specifically permitted in writing by MODEL MAFIA ;
e) Impersonate any person or entity, including but not limited to, a MODEL MAFIA employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) Stalk, verbally abuse, bully, threaten or otherwise harass any other person;
g) Collect or store personal data about other users; or
h) Post, e-mail, upload or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and MODEL MAFIA reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites and Applications. In the case of inappropriate use, MODEL MAFA or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Websites or Applications or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on a Website or Application’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or Application or restrict or inhibit any other user from using and enjoying the Communication Service or the Website or Application.
4. Use any Website or Application for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites or Applications in any manner.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
By using the Site OR our services you agree to be bound by these Terms of Use. We reserve the right to amend these Terms of Use from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Site. The agreement between you and MODEL MAFIA formed on the basis of these Terms of Use (the “Agreement”) shall terminate immediately if you breach these Terms of Use. MODEL MAFIA reserves the right to terminate this. Agreement at any time. The termination of this Agreement or your right to use the Site is without prejudice to any rights which the MODEL MAFIA may have against you in respect of such breach.