Model Terms & Conditions
Terms of Engagement for Models & Promotions Workers
Between RMG Model Agency (the Models/Promotions Business)
(Hereinafter called RMG),an employment business acting as an agent for the Client and:
(Hereinafter called the “ Model/Promotions Worker”)
1. DEFINITIONS
In this agreement the following definitions apply:-
‘The Client’ means the person, firm or corporate body engaging the services of the Model/Promotions Worker.
‘The Assignment’ means the period during which the Model/Promotions Worker is engaged to render the services to the Client.
a)
References to the singular include the plural and references to the masculine include the feminine and vice versa.
b)
The headings contained in these Terms are for convenience only and do not affect their interpretation
2. THE TERMS OF THE CONTRACT FOR SERVICES
The Model/Promotions Worker hereby appoints RMG to act on his/her behalf in arranging assignments with Clients. The Model/Promotions Worker will be liable from time to time for the cost of promotional material/facilities that are provided or utilised by RMG for and on behalf of the Model/Promotions Worker, which RMG will endeavour to bring to the Model/Promotions Worker before the commencement of an assignment, where possible. . The Model/Promotions Worker will also be liable for the cost of their own wardrobe, photographs and travelling expenses for an assignment, unless informed otherwise.
a)
The Terms herein constitute a contract for services between RMG, acting as agent for the Client and the Model/Promotions Worker and they govern each and every assignment undertaken by the Model/Promotions Worker. However no contract shall exist between the RMG and the Model/Promotions Worker between assignments.
b)
For avoidance of doubt, these Terms shall not give rise to a contract of employment between the Client or RMG and the Model/Promotions Worker. The Model/Promotions Worker is engaged as a self-employed worker, and is responsible for the provision of such documents, which authenticate proven self-employed status. The Model/Promotions Worker is also responsible for all statutory deductions (Income Tax and National Insurance contributions). If the model is an employee of a Limited Company, the Limited Company is engaged as a supplier of the Client and the Limited Company shall be liable for all statutory deductions and taxation.
c)
No variation or alteration of these Terms shall be valid unless approved by the Managing Director of RMG in writing.
3. ASSIGNMENTS
RMG will endeavour to obtain suitable assignments for the Model/Promotions Worker where there is a suitable assignment with a Client requiring such a worker.
RMG is under no obligation to offer the Model/Promotions Worker any assignment and reserves the right to offer any assignment to such Model/Promotions Worker as it may elect, equally the Model/Promotions Worker is not obliged to accept any assignment offered. Suitability shall be determined by RMG in its absolute discretion.
a)
The Model/Promotions Worker acknowledges that it is the nature of temporary work that there may be periods between assignments when no suitable work is available. RMG shall incur no liability towards the Model/Promotions Worker should it fail to offer opportunities to work in the category (3) that is specified above or in any other category.
4. PAYMENTS FOR SERVICES RENDERED BY THE MODEL/PROMOTIONS WORKER
a)
Payments shall be made by RMG to the Model/Promotions Worker for services rendered by the Model/Promotions Worker which will be agreed between both parties prior to assignments, insofar as possible. The amount of these payments will vary from time to time depending on the nature of the assignment.
The payment will be paid weekly in arrears on submission of an invoice* from the Model/Promotions Worker.
A SEPARATE INVOICE MUST BE SUBMITTED FOR EACH AND EVERY ASSIGNMENT.
b)
The Model/Promotions Worker is not entitled to receive payment from RMG or Clients for the time not spent on assignment whether in respect of holidays, illness or absence for any other reason unless agreed.
*The Model/Promotions Worker will be provided with an invoice sheet by RMG prior to assignment.
5. TERMINATION
a)
RMG may instruct the Model/Promotions Worker to end an assignment at any time.
b)
The Model/Promotions Worker may terminate an assignment at any time by giving 7 days’ notice to RMG.
c)
The Model/Promotions Worker must inform RMG as soon as reasonably practical if they are unable to fulfil/undertake any assignment. Notwithstanding the foregoing, the Model/Promotions Worker must allow seven working days’ notice to RMG if they are unable to fulfil/undertake any assignment.
d)
RMG shall not under any circumstances be liable for any loss whatsoever incurred or suffered by the Model/Promotions Worker in the event of an assignment being terminated or cancelled for whatever reason. Should RMG obtain a cancellation fee from the Client then this fee will be passed on to the Model/Promotions Worker either in part or full as calculable by RMG.
e)
RMG shall not under any circumstances be liable for any personal injury whatsoever incurred or suffered by the Model/Promotions Worker whilst on assignment.
6. CONDUCT ON ASSIGNMENTS
The Model/Promotions Worker shall at all times comply with the following conditions whilst on assignment with a Client:
a)
Not to engage in any conduct detrimental to the interests of RMG or the Client;
b)
To be present during the times or for the total number of hours during each day/or weeks as may be agreed;
c)
To take all reasonable steps to safe guard his/her safety and the safety of any other person who may be affected by his/her actions at work; to make himself/herself
aware of and comply with the health and safety policy of the Client.
d)
To provide at his/her own cost adequate liability insurance if required to do so.
e)
To comply with any disciplinary rules or obligations in force at the premises where the services are performed to the extent that they are reasonable. To comply with all reasonable instructions and requests within the agreed services made either by RMG or the Client;
f)
Not at any time, during or after the assignment divulge to any person, nor use for his own or any other persons benefit any information in relation to the Client’s or RMG’s employees, business affairs, transactions or finances;
g)
If the Model/Promotions Worker is unable for any reason to work on an assignment he/she should inform RMG and the Client prior to the daily start time each and every day thereafter to enable alternative arrangements to be made.
h)
The Model/Promotions Worker must ensure that his/her personal grooming be at all times excellent and to the standard required by the Client and RMG.
i)
The Model/Promotions Worker shall maintain an extensive wardrobe at all times be responsible and ensure he/she has the correct clothing for each assignment.
j)
Should the Model/Promotions Worker fail to attend or fulfil an assignment then he/she may be liable for any cancellation charges that have been agreed between the Client and RMG together with associated costs.
k)
Should the Model/Promotions Worker fail to arrive on assignment at the agreed time then he/she may be liable for any “waiting time” that has been incurred by other models or photographers.
l)
The model shall not, for a period of 6 months from the termination of the assignment or their engagement with RMG, accept any work directly from a Client or any other Promotions Business or Agency to which he/she has been assigned to during representation by RMG. In the event of a model accepting any work directly from a Client or any other Promotions Business or Agency to which he/she has been assigned to during representation by RMG within a period of SIX months of the termination of representation, then the Client or Promotions Business or Agency will be liable to RMG for a transfer fee or damages, as appropriate.
m)
The Model/Promotions Worker agrees that all cancellation charges, associated costs and appropriate fees will be deducted where practicable from amounts payable to the model.
7. INVOICES FOR SERVICES RENDERED
a) At the end of each assignment the Model/Promotions Worker shall deliver to RMG his invoice* duly completed in order that payment to the Model/Promotions Worker can be made by RMG. RMG shall not be obliged to make any payment to the Model/Promotions Worker unless a properly authenticated invoice has been submitted.
The Model/Promotions Worker will be provided with an invoice sheet by RMG prior to assignment.
b) For the avoidance of doubt the Model/Promotions Worker working time shall only consist of those periods during which he/she is carrying out his activities or duties for the Client as part of the assignment. Time spent travelling to the Clients premises, lunch breaks and other rest breaks shall not count as part of the Model/Promotions Workers’ working time unless specifically agreed between RMG and the Model/Promotions Worker.
8. DECLARATION
I accept that should I suffer or begin to suffer from any medical condition that endangers others or myself whilst on assignment, that I may be asked to
terminate that assignment immediately without any compensatory award being made by RMG or the Client.
9. LAW
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
10. DATA PROTECTION
a) Data Protection Legislation. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in additional to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
b) Roles. The parties acknowledge that for the purposes of the Data Protection Legislation and at various times throughout the term of these Terms of Engagement RMG is a data controller.
c) Purpose of Data Processing. Personal data is shared, exchanged between and processed by RMG and the Client in connection with the supply of the Model/Promotions Worker to the Client.
d) Shared Personal Data. For the purposes detailed above, RMG and the Client may share, exchange and process the following (“the Shared Personal Data”):
e) Basic personal data: contact details, CVs, employment history, portfolio, and timesheets; and
f) Sensitive personal data: ethnicity, disability, health and medical information, and details of any criminal record.
g) Data Retention and Deletion. RMG shall not retain or process Shared Personal Data for longer than is necessary to carry out the agreed purposes detailed above, and shall procure that the Client agrees to the same restriction.
h) Notwithstanding clause 10(h), RMG and the Client shall continue to retain Shared Personal Data in accordance with any statutory, regulatory or professional retention periods applicable in their respective industry.
i) Data Processors. RMG shall not share the Shared Personal Data with a third party without the express written permission of the Model/Promotion Worker.
j) Where express written permission has been granted further to clause 10(i), RMG shall not disclose or transfer (and shall seek to procure that the Client shall not disclose or transfer) Shared Personal Data outside the EEA without ensuring that adequate and equivalent protections to those required by applicable Data Protection Legislation will be afforded to the Shared Personal Data.
k) RMG shall manage the commercial and data management activities of any sub-processor (where appropriate), providing them with such personal information as the sub-processors may reasonably require in order for the sub-processor to provide their service.
l) Data Security. RMG undertakes to implement the appropriate organisational and technological measures in such a manner that meets the requirements of applicable law, in particular the Data Protection Legislation, in order to protect the Shared Personal Data in its possession against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure, and to ensure the protection of the rights of the Model/Promotion Worker.
m) Data Breaches. RMG is under strict obligation to notify any potential or actual losses of the Shared Personal Data to the Model/Promotion Worker as soon as possible and, in any event, within 1 business day of identification of any suspected potential or actual loss.
n) Clause 10(m) also applies to any breaches of security which may compromise the security of the Shared Personal Data.
RMG Operate an Equal Opportunities Policy