Mother Agency Modeling Contract

advertisement
AFFINITY MODEL & TALENT AGENCY, INC
Mother Agency Modeling Contract (Domestic)
_____________________________ (hereinafter referred to as Agency”),_______________________
(hereinafter referred to as “Mother Agency”) and ___________________________________________
(hereinafter referred to as “Model”) voluntarily enter into this agreement.
“Contract Period’ will begin on day of arrival in ___________ (no later than _________) and end
___ days later.
General Understanding:
The Model, the Agency, and the Market will determine the success of any Model in ________. Although the
Market and Agency are not within our control. The Model and the Mother Agency are. We must work together.
The Agency and Mother Agency will promote the Model while the Model must diligently follow directions. This
spirit of partnership is essential for success.
By offering the Model a guaranteed income, the Agency, has taken on financial risk. The Agency takes on full
risk for the guarantee that the Model will have this minimum income even if the market goes sour. The Mother
Agency is in no way liable for these funds, although it will do it’s best to make every effort to retrieve them. The
Model must bear any legal costs in pursuit of funds from the Agency, should the agency default on it’s agreement
with said Model, and Mother Agency. In return the Mother Agency asks that the Model fully cooperates with the
Agency and its clients.
1.
Exclusive Representation
Agency will exclusively represent Model in ___________for the entire Contract Period. Agency will book
Modeling Jobs on behalf of Model. “Modeling Jobs” include fashion catalogs, advertisements. TV commercials,
promotional events, _______________ etc.
Agency will not commit Model to any jobs which:
1.1. Model has previously states as “off-limits” (as follows)
1.1.1._____________________________________________________
1.1.2._____________________________________________________
1.1.3._____________________________________________________
1.2. Poses any danger to the well-being and safety of the Model
Workload may vary drastically from week to week. Model understands that some weeks Model may only
work a couple days, while other weeks Model may work many days. If however, work-load exceeds 60
hrs week, Agency must first receive Model’s approval before booking any additional jobs during that
same week.
2.
Full Cooperation
Model will cooperate fully with the Agent and Mother Agent for the duration of the Contract Period. Cooperation
includes but is not limited to the following:
2.1. Working Exclusively with Agency: Model is prohibited from accepting Modeling jobs directly from
clients, talking with other agents, interacting directly with Media. etc.
2.2. Accepting all jobs and castings booked by Agency (Agency is restricted to
what jobs it can accept on behalf of Model. See “Exclusive Representation” above.)
2.2-1. Model must be available and reachable from _____AM to ____PM Monday through______day for
castings, unless, of course, Model is working.
2.2.2. Jobs, depending on client, may be booked outside normal working hours.
2.2.3. Sickness or negative appearance changes are the only acceptable excuses for not fulfilling a
booked job or requested casting. Model must notify Agency and Mother Agency ASAP. If sick,
Agency may take Model to visit a doctor. Appearance changes must be visually verified by Agency.
2.2.4. Fine for not fulfilling confirmed job without acceptable reason. as defined above, is 50% of
quoted Fee.
2.2.5. Fine for missing a casting, without acceptable reason as defined above is:_________________
2.3. Being on time for all commitments (Never to be absent without notice)
Fine: Direct financial losses incurred by client. (e.g. additional studio rental time)
2.4. Never engaging in any activity that would hinder the fulfillment of Model’s
work obligations (e.g., Party till dawn, take drugs, etc)
Following all reasonable Agency and Mother Agency Instructions, especially regarding job requirements.
2.6. Following all reasonable client instructions. Fine: Direct financial losses incurred by client. (e.g. cost of
clothing articles that Model agreed to bring but didn’t)
2.7. Maintaining appearance and health per specifications outlined in “Accurate Representation” below:
Eating and sleeping right.
2.8.
Abiding by the laws of __________
2.9.
Following Agency imposed curfews (for Models under 21 years old)
2.9.1. Reason for curfew: Safety of Model.
2.9.2.
Enforcement: Agency will call Model after curfew. If Model does not answer
2.9.3.
within 5 rings, Model will be considered in violation of curfew. Multiple calls may be made
within same day. Each non-answered call will be a violation.
2.9.3. Fine: $__________ per violation.
2.10.
Non-Disclosure Clause: Never divulging the content of this contract to any
non-Agency individual, while in ___________________, especially other Models and Agencies.
2.11
Image: Not participating in any activity that would damage the Model’s or
Company’s reputation.
3.
Uncooperative Behavior
Uncooperative behavior refers to any infraction to the rules listed in the “Full Cooperation” Section.
Uncooperative behavior from the Model will limit our ability to promote the Model and fulfill the “Guarantee”
(for definition of “Guarantee” see the section on Compensation below).
Fines will be imposed as explicitly outlined above. Model will be notified within 2 days of infraction. Mother
Agency will also be notified immediately. Fines will be deducted from Model’s Net Income at end of Contract
period.
If Model is consistently uncooperative (depends on severity, but generally meaning 3 or more instances), the
Agency and Mother Agency reserve the right to terminate the Contract and cancel the guarantee. If Guarantee is
already met, money owed to Model will be calculated as outlined below.
If Model is unable to work due to sickness or negative appearance (e.g. figure, skin, etc) for over 5 days a month,
Agency will have the right to terminate the Contract and cancel the guarantee. Model will owe Agency and Mother
Agency for unpaid expenses. Since these factors are, to some extent, beyond the Models control, no fines will be
imposed.
4.
Prepaid Expenses
Agency, is willing to pre-pay the following expenses on behalf of the Model, if Model so desires:
a.
b.
International Travel, as incurred.
Local Transportation, as incurred (Transportation costs to castings will be shared by Model and Agency.
Transport costs to jobs will be shared only if Agency chaperones.)
c. Housing (Agency’s apartment Only)
d. Composite Cards, as incurred.
e. Phone calls to Home (Maximum one per week)
Agency, through its suppliers, can offer Model favorable rates for some of the aforementioned expenses
(see “Expense Estimates Form”’). Model, however, is not obligated to purchase through Agency’s
suppliers. Model can purchase through the supplier of her own choice but Agency is only willing to
prepay these expenses if costs are equal to or lower than those offered by Agency’s own suppliers.
Absolute limit on prepaid expenses is Model’s Net cut of Guarantee.
At end of Contract Period all Agency prepaid expenses will be deducted from Models Net pay.
5.
Cash Advances
Agency will provide Cash Advances (maximum $_______ per week). This is only meant to supplement Model’s
living expenses. Model should bring own spending money (approx. US $100 week) & a credit card.
6.
Compensation
6.1. Model’s Percentage of Gross Billings______ %
6.2. Model’s Guarantee: $_____________per month (Exchange Rate is approx:
$_________=US:$_______)
6.3. Mother Agency’s Commission: 10% of Actual Gross Billings
6.4.
Agency’s Commission:____% of Actual Gross Billings
6.6.
Example:
Gross Billing
Model’s Percentage:
Model’s Net:
LESS: Prepaid Expenses:
LESS: Cash Advances:
LESS: Fines:
($_____)
Model’s Take Home:
$________
$_______
x _____%
$_______
($______)
($______)
6.6. Definitions:
6.6.1. “Gross Billings”: Total amount invoiced to client for jobs completed by Model (less any VAT
tax)
6.6.2. Models Net Income”: Model’s share of Gross Billings.
6.6.3.
“Model’s Take Home”: Models Net Income less her Expenses, Cash
Advances, and Fines.
6.6.5.
6.6.6.
6.6.4. “Expenses”: All of Model’s Travel, Housing, Comp Card, etc, prepaid by Agency on behalf of
Model.
“Guarantee”: Minimum Gross Billings that will be guaranteed by Agency
This is a safety net” only. If Model doesn’t get enough work, the Agency will make up
the difference. At minimum Models Expenses will be paid and she’ll have a little money
to take home. The Guarantee should not be considered a source of income, rather it is
insurance.
7.
Accounting
To ensure Model of Agency’s ethical accounting, Model will have the right to keep a copy of the Job Voucher
for each assignment. The Job Voucher is signed by the client and shows the Billable Total. At end of Contract
Period, after Model’s Take Home is verified Model must return a copy of these vouchers to Agency.
For money that Model owes to Agency (e.g. Model’s prepaid expenses, cash advances, fines, etc) the
company Accountant will keep a running tab. Model will have the right to initial each line item as they occur.
Copies will be given to Model and faxed to Mother Agency. Payment Method will be as below.
8.
Payment Method
________ Clients pay under various terms. Agency estimates that clients will pay within 1-2 months after job
completion.
In light of this, Model and Mother Agency will, for simplicity, be paid in one lump sum 30 days after end of
Contract Period. If Agency has not received payment from its clients, Agency will pay from its own “pocket.”
All funds will be wire transferred to the Mother Agency in whatever currency desired. The prevailing Exchange
Rate on day of transfer will be used. Wire Transfer fees will be deducted from Amount Due. Mother Agency will
only then be responsible for paying Model.
Agency Bank Name: _______________________________
Agency Bank Address: ________________________________
Routing Number: ________________________________
Agency Account Name: _________________________________
Agency Account Number: _________________________________
9.
Escape Clause
After Two Weeks:
After two weeks of castings, the Agency will have a good idea of how well the Model will do in
___________. If after those first two weeks, it is clear that the Model will not get many jobs, the Model will
be released from Contract and at that point must leave _______. Model can then move on to other more
profitable markets. In this case, the Guarantee will be pro-rated. If the pro-rated Guarantee is less than the
expenses, the Agency will increase the Guarantee so that the Model will not end up owing the Agency.
After 1-Month:
If. after 1 month into the Contract Period, it is obvious that the Model will have difficulty earning her
Guarantee for the second month, the Agency reserves the right to renegotiate the Guarantee for the second
month. This renegotiated Guarantee will be based on marketability of the Model, as demonstrated during the
first month.
If an agreement can’t be reached, the Agency will pay the first month’s Guarantee and the Model will be sent
home.
Model initiated:
If for reasons beyond her control (as determined by Agency), needs to be released from this Contract.
Agency will release Model under these conditions:
a.
b.
c.
d.
All confirmed jobs are completed
Model leaves _________ within 2 days of Contract termination.
Agency is reimbursed for all prepaid expenses.
All fines are paid.
The Guarantee, if any, and in this case, will not be paid.
Cancellation, by Model, Before Arrival in ________:
Model must reimburse Agency for all expenses already incurred. These may include Comp Cards, nonrefundable Airline Tickets. etc. Agency must receive cash compensation before Contract is considered
formally cancelled.
10.
Accurate Representation
Model has accurately represented her current physical appearance and modeling experience(as stated below).
Mother Agency, as primary representative for Model has confirmed the accuracy of this data.
Height:
Weight:
Natural Eye Color
Hair Color:
Bust (Cup:
Waist:
Hips:
Length of Hair:________________________________________
Skin Complexion:________________________________________
Scars: ________________________________________
Fashion Print Experience:_____________________________________
Model will be checked upon arrival in_________. If Model’s specifications are significantly different from those
stated above, Agency reserves the right to nullify this Contract. In so nullified, Guarantee will not be paid and
Model will be sent home immediately. Agency must be reimbursed by Model for all Agency prepaid expenses
already incurred (e.g. Airfare, Comp Cards),
“Significantly” different will be defined as:_________
1 1. Chaperone
Agency will/will not chaperone Model to Castings and certain Jobs. This is a privilege given to Foreign
Models. Transportation fees (mostly taxi) will be shared.
Castings:
Agency, will/will not accompany Model through the duration of the castings in order to better
promote the Model.
Jobs: For the first couple jobs, Agency will escort Model to and from job site; Agency will not remain on
location, however. (Model should contact the Agency if problems arise during the job.) After Model is
familiar with getting around _______, Model will be expected to get to and from the studios herself.
Agency will accompany Model on all jobs that may put extra demands on the Model.
12.
Living Conditions
Model understands that although _____________ can be a very exciting. bustling city, it can also be a very
undesirable place. ________ is ________in the Summer and _______ in the Winter. Also, the combination of
_________ and __________ has created ____________ air quality. Traffic is ______. The people are
______________. Model must be prepared to accept such living conditions for the duration of this Contract.
Models stay in an apartment located at___________________. There are _____bedrooms a bathroom a small
kitchen, a dining room, and a living room. 24-hour security is provided. Housing Costs are charged to the
Models account (for latest costs see the “Expense Estimates Form) and are lower than any other Housing
Options. If Model wishes to make other housing arrangements, Model may, but at Model’s own expense.
13.
Off-Work Time
Model will be responsible for planning own activities during time off. The Agency, however, realizing that
Model is in an unfamiliar city, will gladly give suggestions on things-to-do.
When Agency accompanies Model during leisure activities, each pays their own expenses.
14.
Safety
Models must still act prudently in a new cit
Models should stay out of high risk areas and return to their apartment early in the evening.
Attractive models, as anywhere, can be targets for unscrupulous men.
When Model arrives in _________ Agency will give safety guidelines. It will then be Model’s responsibility
to play smart and watch out for her own safety. Model will be responsible for purchasing own insurance
before coming to _________.
In case of an Emergency, Model will be able to reach the Agency’s Manager 24 hrs a day at office, home, or
via beeper at__________
15.
Calling Home
Model will be permitted to use Agency’s phone to call Home. Agency will prepay a maximum of one phone
call per week. Additional phone calls must be paid for immediately. Standard IDD rates will be used.
16.
Portfolio
If Model wants tear sheets, Model must give a Self-Addressed, Stamped Envelope to the clients at the
completion of the job .
If Model wants Agency to remind the client by phone, Model must write “Tear Sheet” at top of Job Voucher.
Agency, however cannot guarantee, that all clients will follow through.
17.
Severability
If any segment of this Contract is deemed invalid by any law or governing authority, the other segments will
remain in effect.
18.
Changes
Any portion of this Contract can be modified after signing if Model, Agency & Mother Agency agree.
19.
Confidentiality
Model and Mother Agency agree to keep all copies of this Contract confidential. In particular, this Contract
can not be (1) shown to any other Agencies or their representatives or (2) duplicated without the written
consent of Agency.
The Undersigned voluntarily agree to the conditions set forth above. Mother Agency has explained the contents
of this Contract to the Model. Model has had all questions answered to Model’s satisfaction and fully
understands these conditions.
X_______________________________ Date:__________________
Model
X_______________________________ Date:__________________
Mother Agency
Address:
_________________________________
_________________________________
_________________________________
Phone Number: ________________________________
X_______________________________ Date:__________________
Ross Kenneth Grossman
AFFINITY Model & Talent Agency International, Inc.
100 First St. #100-362
San Francisco, CA 94105
Post-Signing Follow Up
(To be completed within one week after Contract is signed)
1.
Airline Ticket Two Options:
A.
Our Travel Agent (American and Canadian Models Only)
First we’ll tell you how much our Travel Agent charges. If it is cheaper than our own Travel
Agent, the ticket will be purchased through our Travel Agent. If you can get a lower price.
then purchase ticket through your own Travel Agent (proceed with Option B. below)
We’ll have the Agent fax you the itinerary, which you may need for your Visa application. Then, after your
Visa has been approved, we’ll have our Agent send the ticket directly to you.
B.
Your own Travel Agent:
Reserve your seats immediately, but only purchase the ticket after your Visa has been approved.
Contact a Travel Agent in your area and make reservations for your flight to _________. Reserve both your
outgoing and return flights as seats to/from ________ fill up early. Make sure your departure date puts you in
__________ on the date stipulated on the Contract. Your return flight should be exactly 60 days after your
arrival in _____________.
After you successfully make your reservations, fax the itinerary to us immediately. You may also need the
itinerary for your Visa Application.
There are a lot of Travel Agents that offer discount tickets. Go for the cheapest that will allow you to travel
on the dates that you require and that will allow you to change your return date, if necessary.
If you need us to pre-pay your airline ticket, fax us your Travel Agent’s Contact Information and cost of
ticket. We will then contact them directly to arrange for payment. You can then pick up the ticket from them.
Note: If we prepay your ticket we will keep the return ticket in our possession until end of the Contract
Period.
2.
Visa
This is a simple process. It should only take 1-3 days. Application fees may be gratis (free), at most
US$36. Usually. no interview is required. Apply at the ____Representative Office in your Area. (In the
U.S., they’re called_________________). Be sure to bring everything you need (e.g. passport photos,
flight itinerary, etc). Please call the __________ Rep Office for the most updated application
4.
Arriving in ____________
________ the Agency’s Manager. will meet you at the airport. When you exit Customs. Walk
toward……__________ . The Manager will meet you at__________
Download
Study collections