Terms and Conditions

1. Definitions

1. ‘Agent’ means Arwen and Co Limited.
2. ‘Agreement’ means the contract between Arwen and Co Limited and the Talent.
3. ‘Client’ means any third part organising with the Agent an Assignment with the view to

procuring the services of the Talent.
4. ‘Offer of Representation’ This is the offer made to the Talent subject to the below Agreement. 5. ‘Talent’ means the person who is seeking an Assignment (or parental guardian if the Talent is

under 18 years old) and accepts the Agent’s Offer of Representation. 6. ‘Term’ means the length of time the agreement remains valid.

2. Engagement

The company engages the model child with their parent/guardians consent from the period START DATE. This agreement may be terminated with either party giving 14 days notice.
The Agreement shall continue until the agency services have been provided in terms of offered category representation as mutually agreed in wright but both parties or until terminated by either part in accordance with these Terms and Conditions.

3. General Terms

This Agreement is for Representation and shall supersede any other documentation or communication between parties.
Nothing in this agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent or Talent may be entitled, by virtue of any statue, law or regulation.
The Agent is acting in the capacity of an employment agency.
The Talent herby acknowledges that nothing in the Terms and Conditions (found on the

website), nor any conduct of the parties, shall create or de deemed to create or imply the

relationship of employee and employee between the Agent and the Talent.
Nothing in this agreement in intended to confer any rights on a third party.

4. Appointment as Agent

The Agent shall operate at all times as an employment agency in accordance with the Employment Agencies Act 1973.
The Agent will act as the Talent’s agent and provide Representation to negotiate and conclude agreements with Clients in respect of Assignments.
The Talent does appoint the Agent as a sole and exclusive agent and is not permitted to contract, negotiate or register with any other agents.
The Talent grants the Agent sole authority on behalf of the Talent to collect and receive all gross income arising out of any Assignment undertaken by the Talent during the Term and also after the expiry of the Term to the extent that such gross income arises out of any Assignments negotiated by the Agent during the Term.

5. Talent Obligations

The Talent shall, at all times, act in a professional and courteous manner and shall attend all Assignments on time. Talents are expected to attend all Castings/Shoots secured for them unless exceptional circumstances or prior notice to the Agent.
The Talent shall carry out every Assignment to the best standard of ability and skill.
The Talent shall comply with all rules and regulations relating to health and safety, fire

prevention or general administration which may be in place at the premises of a Client or at a

location where an Assignment is being conducted and follow the provided risk assessment.
The Talent shall keep the Agent informed of any significant changes in appearance to include,

but not limited to, any change in hair style or colour, weight loss or gain, or height. The Agency reserves the right to review the Agreement Terms when significant change is reported or unreported.
The Talent shall not without the consent in writing of a duly authorised representative of the Agent expose, reveal or make public any information in connection with the business of the Agent and Client. The Agreement is strictly confidential.
The Talent shall take all reasonable steps to be available to work regularly on Assignments but acknowledges that the Agent cannot guarantee that such Assignments can be secured.
The Talent consents for the Agent to use any relevant photographs, images or other information relating to the Talent to secure Assignments and promote the Talent in line with the Data Protection Policy.

6. Booking Fees

1. Rates are charged by the day or by the hour at the rate agreed at the time of the booking.
2. Overtime rates apply on all bookings over eight hours unless agreed otherwise at the time of

booking.
3. Travel will be charged at 0.40p per mile or the total value of train tickets. This apples to travel to

a shoot location outside of M25 only.
4. Fittings are charged at half the hourly rate with a minimum two hour booking, unless agreed

otherwise at the time of booking.
5. Location bookings: If a model is working on a location outside of the M25, all travel and

accommodation is to be organised and paid for by the client, unless agreed otherwise.

7. Additional Fees

All additional fees are to be agreed at the time of booking. It is the clients responsibility to notify the agent of any further usages requires or anticipated subsequent to the time of booking.
Usage: Additional fee’s are paid to use the image for all known or anticipated purposes other than the initial medical permitted use. Photographs may not be used until all fees are paid in full.

8. Agent Fees

All bookings, except equity contract TV commercials: The agency charges a supplement of 25% on all hourly, daily and overtime fees for the right to use and all fees negotiated for any other service supplied by the model. Both agency fees and model fees will be invoiced by the agent. Unless otherwise agreed at the time of booking, the model disbursement is included at 62.5% and the agent’s fee at 37.5% of the invoice total. VAT and any agreed expenses will be added where appropriate.
Equity contract TV commercials: The fee negotiated by the agent is the artist’s fee from which agency commission will be deducted at 20% of the invoice total, VAT and agreed expenses will be added where appropriate.
Invoicing: On all invoices, payment is requested within 30 days of date of invoice however clients take between 30-90 days to pay. In all cases the person booking the model is the client who will be invoiced and solely responsible for payment, unless agreed otherwise in writing at the time of booking. The agency reserves the right to invoice the ‘ultimate client’ (ie the design, manufacturer, owner of the product in question), for example this may be done if the client is booking on behalf of the ultimate client who are jointly severally liable to pay the invoice. The agency reserves the right to alter payment terms if deems appropriate prior to booking.
Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.

9. Cancellations

If a booking is cancelled within 48 hours of the starting time, a half booking fee will be charged. If a booking is cancelled within 24 hours of the starting time, a full booking fee will be charged. Saturdays, Sundays and Bank Holidays are excluded from these calculations. This is a reciprocal arrangement between model and client.
Weather permitting bookings: At the first cancellation fee, a half cancellation fee is charged unless the client fails to cancel in time to prevent the model’s attendance, in which case the full fee is payable.
Should the model be rebooked for a later date in connection to the original booking, then no cancellation fee will be charged.

10. Meals

1. Clients are responsible for models meals on all bookings requiring accommodation.

11. Test Photography

1. A photographer is not permitted to use test and/or test commercials for commercial purposes unless agreed otherwise, prior to the photographic session taking place.

12. Insurance

The client is responsible for the models safety when the model is providing services in connection with the booking. The client is obligated to make sure that all other people engaged in connection with the booking and associated travel are properly qualified and insured. The client is responsible for the models health and safety as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the model.
The agent is not responsible if the model fails to attend a booking. The client is advised to insure against any losses which might be suffered if the model does not keep a booking because of ill health or some other reason.
It is the clients responsibility to ensure they are abiding at all times to the Child Performance Regulations and have the appropriate risk assessments, child protection policy, insurance and Child Performance Licence in place.

13. Clients Privacy

1. Arwen and Co does not collect any personal or private information about you with the following exceptions which apply to registered users only:

2. Personal details - when registering with Arwen and Co you may chose to supply use with your name, company and email address. The only personal details you are obliged to supply is a valid email address. Details are stored in our database and are only accessibly by Arwen and Co and our developers. These details will not be sold, traded or otherwise supplied to any person/s outside of Arwen and Co.

14. Copyright

1. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the sections above. The photographer to this extent agrees to restrict use of his copyright and if the client is not a photographer, the client is required to draw these terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences.

15. Complaints

1. Any case for complaint should be reports when it arises. Complaints cannot be considered in retrospect.

16. Please Note

1. The agency will accept no responsibility for any other expenditure unless authorised in writing. 2. All fees are to be negotiated only with Arwen and Co.
2. Whilst every endeavour is made to provide satisfactory and efficient service to our clients, we

cannot be held responsible for a models; conduct on an assignment. It is the clients responsibility to arrange insurance if indemnity is required against a models inability to attend through sickness or unforeseen circumstances. At not time is the agency liable to provide a refund of any fees.

3. We reserve the right to negotiate within the structure of these terms and conditions.

Data Protection and GDPR

We are a GDPR compliant company and therefore set out to comply with the Date Protection Act 1998. Arwen & Co are the data controller and hold all personal details of the chaperone and models (in relation to the licence applications) as well as personal and contact details of the parent/guardian for under 16s (again in relation to the licence applications). We will share these details where appropriate with our clients, where deemed applicable for the assignment. All model/artiste’s/chaperones personal and sometimes sensitive information such as dietary requirements, will be shared with clients making bookings/licence applications in order to ensure bookings/licence applications are made properly and correctly. Our clients include production companies, freelance production workers, photographers, film/TV/ theatre companies and advertising agencies. We must hold all personal data on file for 6 years from time of removal, after which time it is deleted permanently. By using Arwen & Co’s services, you are also signing up to our mailing list, which we use to send relevant information to you. We do not share your information with third parties. If you do NOT wish to be registered to this mailing list, please email info@arwenandco.com to OPT OUT.