Terms and Conditions
MODELS / PROMOTIONS WORKERS
1. These Terms and Conditions of Business shall govern all assignments relating to temporary workers entered into by RMG Associates (a models/promotions business) hereinafter called "RMG" and a Client (hereinafter called the "Hirer") who hires a member of the RMG’s workforce (hereinafter called "the Model/Promotions Worker") who shall be any person introduced by RMG to the Hirer for the purpose of carrying out any work.
2. The hire or use of a Model/Promotions Worker shall be deemed to constitute acceptance of these Terms and Conditions of Business.
3. The Hirer agrees to pay the charges of RMG as notified at the time of booking of the Model/Promotions Worker for all hours or parts of any hour actually worked by the Model/Promotions Worker.The hirer understands that all fees are subject to VAT. An overtime charge will be charged at 1.1/2 times the hourly charge for any hours or parts of any hour between 6pm and midnight from Monday to Friday inclusive. An alternative rate will be negotiated between midnight and 9.00am. Any hours worked on a Saturday shall be chargeable at the overtime charge rate of 1.1/2 times the hourly charge rate and any hours worked on any Sunday or Statutory and/or Bank Holidays shall be chargeable at double the hourly rate.
4. RMG’s charges invoiced to the Hirer are payable to RMG not later than 28 days maximum from the date of the RMG invoice. RMG reserves the right to charge interest on any invoices unpaid after such date at a rate equal to 4% above the HSBC Bank base lending rate from time to time.
5. RMG will be responsible for all gross payments to the Model/Promotions Worker. Payment of all statutory contributions and Income Tax is the responsibility of the Model/Promotions Worker who is of self-employed status.
6. Whilst every effort is made by RMG to give satisfaction to the Hirer by ensuring reasonable standards of skill, integrity and reliability from Models/Promotions Workers and further provide them in accordance with booking details, no liability shall be attached to RMG for:-
a) any loss, expense or damage caused directly or indirectly by any failure to provide any particular Model/Promotions Worker for all or part of the period of the booking; or
b) any loss, expense or damage caused directly or indirectly by any act or omission whether willful or otherwise, or for negligence of any Model/Promotions Worker during the period of the assignment; or
c) any loss, expense or damage caused directly or indirectly by any negligence or dishonesty or misconduct or lack of skill or any act of omission whether willful or otherwise of a Model/Promotions Worker.
7. The Hirer undertakes to supervise Model/Promotions Workers assigned to him sufficiently to ensure the Hirers satisfaction with reasonable standards of workmanship.
a) Model/Promotions Workers are engaged by RMG under contracts for service and are of self employed status. They are under the direction, supervision and control of the Hirer from the time the Model/Promotions Workers first reports at the premises of the Hirer to take up duties and for the duration of the assignment. The Hirer undertakes liability for any loss, expense or damage caused directly or indirectly by any act or omission or error of a Model/Promotions Worker whether willful or negligent or otherwise, as if the Model/Promotions Worker was an employee of the Hirer. The Hirer will also comply in all respects with all the statutes, by-laws, codes of practice and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff. The Hirer further undertakes to comply with all statues, statutory regulations, by laws, legal requirements or legal duties to which the Hirer is or would be subject to in respect of his employees, including in particular the provision of adequate Employer’s and Public Liability insurance cover for the Model/Promotions Worker during all assignments but excluding the matters referred to under Clause 5 hereof. The Hirer shall also advise RMG of any special health and safety matters about which RMG is required to inform the Model/Promotions Worker.
b) The Hirer is liable for any injury, loss or damage cause to a Model/Promotions Worker, howsoever caused, while under the direction and control of then Hirer, as aforesaid, as if the Hirer was the employer of the Model/Promotions Worker.
c) The Hirer shall indemnify and keep indemnified RMG against any costs, claims or liabilities incurred by RMG arising out of any assignment and/or as a result of any breach of these Terms by the Hirer.
9. Unless otherwise agreed, all Model/Promotions Workers are assigned for experimental, press advertising and editorial projects only. Express permission must be given by RMG for the assignments Model/Promotions Workers for display material (i.e. swing tickets, showcards, etc.) posters, packaging and record covers. Additional rates and charges are payable for these disciplines, or any other use in photographs. Photographs may not be used for any purpose until the relevant pre negotiated fees have been paid.
10. There may be certain circumstances where Model/Promotions Workers assignments are dependant on weather permitting. In the event of cancellation due to the inclemency of the weather the first cancellation will be charged at half fee (unless the model arrives at the booking) the second cancellation and thereafter will be charged at full fee. In normal circumstances (bookings non dependant upon weather) RMG implement a fee to the full value of the original booking fee if the booking is cancelled within 24 hours of the date that the assignment is due to go ahead.
11. Should the Hirer be unable to confirm provisional booking, RMG reserves the right to cancel the provisional booking and re assign the Model/Promotions Worker to an alternative assignment.
12. The assignments of Model/Promotions Workers for TV bookings are as per the British Actors Equity Association regulation.
13. The normal day rates and charged to the Hirer for the assignment of Model/Promotions Workers for video work - plus a negotiated buy out.
14. In the event of the hirer booking the Model/Promotions Worker directly, instead of through RMG (during or within a period of twelve months after the termination of the Model/Promotions Worker’s representation) then the appropriate fee will be payable to RMG.
15. Any variation of these Terms and Conditions of Business is respect of fees and refunds must be previously agreed in writing by the Managing Director of RMG to be effective.
16. The Terms and Conditions of Business are effective from the 1st day of January 2001 and shall supersede all previous Terms and Conditions of Business, and in the case of conflict these Terms and Conditions of Business shall prevail.
17. In the event of the Hirer committing any breach of the agreement giving rise to a cause of action against it then that cause of action shall be deemed to have arisen wholly within the district of Birmingham County Court and/or the Birmingham District Registry of the High Court of Justice whichever should be the appropriate court. Accordingly those courts shall have jurisdiction to deal with and determine any action commenced against the Hirer and the Hirer shall be deemed to have submitted itself to the jurisdiction of those courts.