These Terms and Conditions for booking Models throughTravo Management LLC (“TRAVO”) shall form the agreement between the parties relating to each instance of service of a Model or Talent (“Model”) and by a Client(“Client”). These booking conditions cover all agreements between TRAVO and third parties (“Client”). Travo Management take precedence over any booking conditions of the client, unless agreed otherwise.
The information contained and recorded on any combination of voucher (“Voucher”), booking confirmation form (“Booking Confirmation”) and release (“Release”) shall form the agreement between the parties relating to each instance of procurement of service of a Model or Talent (“Model”) by a Client (“Client”).The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between TRAVO and Client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless TRAVO has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
In the event of any inconsistency or contradiction between these terms and conditions and the booking confirmation form, the terms set out in the booking confirmation form shall prevail.
Booking fees are charged by the day or by the hour, or on an alternative basis as notified to the client by TRAVO (for example, a set fee for a catwalk show) and details are set out in the booking confirmation form.
A ‘day’ is an 8-hour period between 9am and 6pm (9am – 5pm or 10am – 6pm). An extra hour between 9am and 6pm is charged at the normal rate – the appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one-and-a-half times the hourly rate. Saturdays are charged at one-an-a-half times the hourly rate and Sundays or Bank holidays are charged at double the hourly rate.
Any booking which is over 5 hours will be charged at the day rate as set out in the booking confirmation form.
Overtime rates apply at any time in excess of any 8 hour period including any time outside 09:00 and 18:00 Monday to Friday and on all bookings lasting longer than 8 hours (excluding one hour’s break). Overtime rates will be charged as follows:
Any time spent by the model for fittings is charged at half the applicable hourly rate with a minimum charge to the client of $50USD per hour.
Additional fees are payable for the right to use the model’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation form, e.g. packs, posters, comp cards, record covers, swing tickets etc. For the avoidance of doubt, additional fees are payable for the right to use the model’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings online or in any digital media including but not limited to Twitter, Facebook, YouTube, Flickr, Blogs or other social networking websites or media. Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in the United States only, for the permitted use or uses or purposes agreed between TRAVO and the client. Under no circumstances will each additional usage fee be less than the model’s advertised day rate as determined by TRAVO unless determined otherwise by TRAVO in its absolute discretion.
The Client grants the Agent sole authority on behalf of the Model to collect and receive all gross income arising out of any Assignment undertaken by the Model 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.
Clients are responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) whilst the models are providing services to the client on all bookings.
MODEL CARE AND SAFETY
Unless otherwise appointed prior the booking in writing, the person or entity who has requested the Model, signed the Voucher and/or signed the Booking Confirmation or acknowledged receipt of the Booking Confirmation or a Hold that has turned into a booking accepts responsibility for payment for services rendered.
LIABILITY AND INSURANCE
CONTRACT AND AUTHORITY
All matters relating to the use of the model’s image, any other services supplied by the model and all fees must be negotiated and agreed only with TRAVO. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or TRAVO unless and until it is agreed in writing by TRAVO.
TRAVO charges a Client Service Fee (“Service fee”) on all booking fees including, without limitation, hourly, daily and overtime fees and all fees for the right to use and all fees negotiated for any other service to be supplied by the Model. Both Service Fee and Model Fees will be invoiced by TRAVO. Client also shall owe TRAVO a fee for any subsequent bookings as long as Model was originally introduced to client.
These terms and conditions, booking form and voucher (when applicable) constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions. This Agreement, its validity, the construction of its terms and effect, shall be interpreted and governed by the laws of the State of New York without reference to its choice of law. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, it will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York and Client and TRAVO hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.In any action or proceeding at law or in equity to enforce any of the provisions or rights under this Agreement, the prevailing party shall be entitled to recover from the other party all fees, costs, expenses and reasonable damages including without limitation, costs, expenses, and fees on any appeals.