BOOKING TERMS & CONDITIONS:
following are general booking terms and conditions. These terms and conditions
are agreed between Docherty and the Client. Docherty will advise and counsel
Client in the selection or consideration of Talent. It is further understood
and agreed that Docherty is acting as an agent only, and does not operate as an
AGENCY SERVICE FEE
A 20% agency service
fee is added to each booking over and above the negotiated model or talent
rate. The total booking charges are due in full within 30 days from the invoice
payments are invoiced by Docherty to the Client and will be paid to the Agency.
Payments are not made directly to the Talent.
hourly rates are charged during Monday to Friday between 09:00am and 5:00pm or
10:00am and 6:00pm excluding bank and public holidays. Any booking which is
over 5 hours will be charged at the day rate. Booking fees are charged by the
day or by the hour, or on an alternative basis, for example, a set fee for a
day” is 8 working hours; this includes hair and makeup prep time.
“half-day” is 4 working hours; this includes hair and makeup prep time.
booking is considered 2 hours for stills.
booking finishes prior to the originally booked time for any reason, the talent
must be paid for the hours booked as stated on the booking sheet regardless of
whether the job was completed early.
booking takes longer than the originally booked hours then all session rates
and/or overtime rates will apply.
rates are negotiated separately. Any usage fees are to be discussed with
Docherty at the time of booking and any unauthorized “re-usage” by Client for a
period exceeding one year shall be billed to Client automatically.
charges shall apply to Talent on “day rate” in which they are required to work
in excess of eight (8) consecutive hours on any given day with a break for
lunch. If the shoot lasts beyond the scheduled time, Client shall pay an
overtime rate of 1.5 the hourly rate from 8-12 hours and 2.0 for all overtime
over 12 hours, and any additional expenses thereby required. A waive of
overtime fee’s over 8 hours must be approved in writing by agency
representative prior to overtime otherwise overtime fee’s will apply.
of the Talent are permitted to be used only for what is negotiated in the
original discussions and agreements. Any further usage is NOT permitted,
including farming out or trading to other companies or people, or posting on
personal websites, blogs etc., unless previously agreed to and put in writing.
Please note the Talent is NOT authorized to sign release forms without the
agency having first approved them. Any form signed by Talent, which was not
approved by the agency, will not be valid.
LINGERIE & UNDERWEAR RATES
must specify the type of lingerie at time of booking and these sessions must be
done on a closed set. Bras, panties, body stockings and sheer lingerie will be
charged at double the Talent’s hourly rate.
time will be charged at half the Talent's hourly rate. Whenever Talent are
required to be at locations not easily accessible by public transport the
client is responsible for traveling expenses incurred beyond public transport
point such as car service and taxi etc.
is a binding contract provided by Docherty that states the Talent’s rate
applicable to the particular booking that apply to the Talent and the booking
time and must be signed by the Client.
PURPOSE OF THE VOUCER: CONTENT USE
photography, filming or image captured (content) is to be used for the purpose
specified in the Docherty voucher submitted by the Client, which has been
pre-approved by Docherty. For the purpose of the voucher, content will include
any media such as, but not limited to print advertising, editorial, billboards,
websites (commercial or otherwise) and television must be negotiated and
authorized by Docherty prior to booking being confirmed and will form material
obligations within the voucher. In general, the confirmed booking and usage
fees cover the right to use the content for the purpose for one year from the
date of the booking. It is agreed between the parties that rights provided
herein are not granted to the Client until payment in full has been received
and that until such time as all payments owed are made, the Client agrees that
to the extent it can legally provide, Docherty will own all rights that exist
in the content created from the booking. Any image used without written
authorization or prior approval from Docherty will be deemed unauthorized use
and will be subject to legal proceedings.
agrees that they have the absolute rights to the content created at and in
relation to the booking.
EXCLUSIVITY OF GOODS OR SERVICES
fee will be negotiated when the work is in conjunction with a product or
service that precludes work for competing products or services. It is the
Client's responsibility to check, at time of booking
whether the Talent has previously performed any conflicting work. If the Talent
advertises a product, it is agreed they are able to work for any competitor in
the future unless an exclusivity fee is negotiated and received with Docherty.
HOLDING A TALENT
Talent will be automatically cancelled unless confirmation is received within
24 hours from the time the hold is requested.
are responsible for Talent’s meals on all bookings exceeding 6 hours.
bookings, if a booking is cancelled:
Less than 24 hours
prior to booking – full fee.
Less than 48 hours
prior to booking – half fee.
Bookings that are
reduced in time within one working day before bookings – full fee of original
booked time will be charged.
WEATHER PERMIT CANCELLATION FEES
weather permit option must be stated by the Client at the time of the booking,
Cancellations or postponement requires at least 24 hours notice, otherwise a
50% charge will be made. First postponement: no charge if job is rescheduled
within 7 days. Second postponement: half charge
postponement: full charge.
Docherty at no time is deemed to employ Talent, it is the responsibility of the
Client to ensure adequate levels of Insurance (including public liability)
exist to cover all Talent used at any/all locations.
Travel to and from the booking locations must be included in such insurance
coverage. An alternative is to include amounts paid to Talent with the Client's
annual workers' compensation insurance calculations so that the Talent is then
covered under the client's workers' compensation insurance policy when
performing work for the Client. Docherty is not required to, nor holds, any
insurance for Talent (excluding public liability when Talent are physically in
the Docherty office).
acts solely for and on behalf of the Talent and will make every endeavor to
provide an above satisfactory and efficient service to the client. Docherty is
not responsible for a models conduct during a booking in any way and the Client
agrees that Docherty will not be made liable for any loss or damage to or
claimed against the Client as a result of the Talent’s actions or omission.
Talent agrees to conduct himself/herself with propriety and dignity, and to do
nothing on an engagement or otherwise that may tend to injure the reputation
and goodwill of Talent or Docherty, nor to do any act or thing which impairs
Talent's capacity to at all times fully comply with the terms of this
agreement, or which impairs Talent's physical or mental qualities and
abilities. Talent further agrees to abide by all standard rules and policies of
Docherty with regard to behavior on castings and bookings. Docherty may, upon
five (5) days notice to Talent terminate their agreement for breach of this
for complaint should be reported back to Docherty immediately. Complaints will
not be considered in retrospect. Upon signing any agreements, bookings,
vouchers or contracts, the Client agrees to indemnify Docherty and its
employees and/or agents, against any legal claims, liability and responsibility
in regards to any damages arising out of, or in connection with the Talent
chosen or the relationship established by the accepted agreements, bookings,
vouchers or contracts, between the Client and Docherty.
NOT TO SOLICIT
policy is for the Client not to solicit Talent, refer Talent to a third party
or future employ Talent directly that Client was introduced to, associated with
or booked through by Docherty, whatsoever.
PAYMENT TERMS OF INVOICE
the Talent fee and any other monies payable are required to be paid in full by
the Client by the due specified on the relevant booking sheet, sent to the last
known address of the Client. In all cases the Client will be invoiced and
solely responsible for payment unless otherwise agreed to and confirmation in
writing be given prior to the booking date. If the Client fails to pay the
amounts due in accordance with these terms and conditions, they will be
responsible to pay for all expenses and costs incurred in recovering any
outstanding monies, including all debt collection fees. Docherty will charge a
late fee of two percent (2%) per month on all accounts that remain payable
after 30 days have passed from the due date.