Terms and ConditionsDOCHERTY AGENCY
BOOKING TERMS & CONDITIONS:
The 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 employment agency.
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 date. All payments are invoiced by Docherty to the Client and will be paid to the Agency. Payments are not made directly to the Talent.
Standard 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 catwalk show.
A “full day” is 8 working hours; this includes hair and makeup prep time.
A “half-day” is 4 working hours; this includes hair and makeup prep time.
A minimum booking is considered 2 hours for stills.
If a 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.
If a booking takes longer than the originally booked hours then all session rates and/or overtime rates will apply.
All Talent 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.
Overtime 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.
All images 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
Client 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.
Travel 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.
A voucher 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
All 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.
The Client agrees that they have the absolute rights to the content created at and in relation to the booking.
EXCLUSIVITY OF GOODS OR SERVICES
A special 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
Holding a Talent will be automatically cancelled unless confirmation is received within 24 hours from the time the hold is requested.
Clients are responsible for Talent’s meals on all bookings exceeding 6 hours.
For all 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
The 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
Third postponement: full charge.
As 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).
Docherty 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 section.
Any cause 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
Docherty’s 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
Payment of 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.