Terms & conditions

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.

 

DAILY/HOURLY RATE

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

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:

  1. Work on Saturdays between 09:00 and 24:00 and between 18:00 hours and 24:00 hours on Mondays to Fridays (excluding bank and public holidays) is charged to the client at one and a half times the standard hourly rate as set out in the booking confirmation form.
  2. A special rate is negotiated for night work between 2400 hours and 0900 hours.
  3. Work on Sundays and bank and public holidays is charged to the client at double the standard hourly rate as set out in the booking confirmation form.

 

FITTING FEES

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.

USAGE

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.

  1. INVOICING
    1. On all invoices payment is required to be made by the client within 30 days of the date of the invoice. In all cases, the person booking the model is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. TRAVO reserves the right in its discretion to invoice the ‘ultimate client’, (eg. designer/ manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless TRAVO specifically agrees otherwise, in writing, no usage for the model’s image is permitted until TRAVO has received payment in full. TRAVO reserves the right to alter payment terms if it deems appropriate, prior to booking.
    2. If the client fails to pay in full on the due date any amount which is payable to TRAVO, without prejudice to any other right or remedy of TRAVO, the amount outstanding shall bear interest both before and after any judgment at five per cent per annum over Barclays Bank plc base rate from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.
    3. In the event that the client is providing the services on behalf of or to a third party end user, in entering into these terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:
      1. enters into an agreement with the client on the same terms as these terms and conditions;
      2. acknowledges its obligations to TRAVO including but not limited to the obligation to pay TRAVO within 30 days of the date of any invoice received from TRAVO; and
      3. acknowledges that the third party end user may not use the images until payment is received by TRAVO and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.
    4. Any fees received by the client from the third party end user relating to any of the rights or benefits conferred on the client by these terms and conditions shall be deposited in a designated Agency account by the client (the Third Party End User Fees). The Third Party End User Fees shall be held on trust for TRAVO as beneficiary until such time as all outstanding fees owed by the client are paid in accordance with the terms of these terms and conditions.

 

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.

 

 

MEALS

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

  1. The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
    1. ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
    2. allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
    3. providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client;
    4. ensuring that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
    5. ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
    6. ensuring that the services are delivered and the model is treated in accordance with The Association of Model Agents’ Code of Practice; and
    7. providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.

 

Responsible Party

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.

 

WARRANTIES

  1. The client warrants and represents to TRAVO that:
    1. it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
    2. the booking form is executed by a duly authorized representative of the client;
    3. it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws, good industry practice and section 11 above;
    4. it has all necessary permits, licenses and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and
    5. it will promptly disclose to TRAVO in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable TRAVO to ensure that the model is suitably prepared and able to perform the services.

 

 

LIABILITY AND INSURANCE

  1. No party excludes or limits its liability under these terms and conditions for:
    1. death or personal injury caused by its negligence;
    2. fraudulent misrepresentation; or
    3. any other type of liability which cannot by law be excluded or limited.
  2. Subject to section 18.1, TRAVO limits its liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, so that the maximum liability of TRAVO for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to TRAVO;
  3. TRAVO shall not be liable for:
    1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
    2. product recall costs;
    3. failure by the model to attend a booking for whatever reason;
    4. damage to the client’s reputation; or
    5. consequential, special or indirect loss or damage;
      even if TRAVO has been advised of the possibility of such loss or damage

 

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 FEES

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.

 

Legal

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.