MARK SUMMERS LIMITED d/b/a MS REPRESENTS

Terms & Conditions

‘The Agent’ or ‘MS Represents’: Mark Summers Limited, 150 Goldhawk Road, London, W128HH, d/b/a as MS Represents (hereinafter referred to as ‘MS Represents’)

The Client: Those requiring Services (as defined below) from The Agent.

The Artist: Any artist under contract with MS Represents.

ENGAGEMENT

MS Represents will send The Client a confirmation booking form (‘Booking Form’) upon verbal confirmation of or upon request for services (‘Services’). Services are only confirmed once the Booking Form has been signed by The Client and return to and received by MS Represents. The signed Booking Form and these terms and conditions (‘T&Cs’) form the entire agreement (‘Agreement’) between The Client and MS Represents relating to Services.

FEE AND REMUNERATION

MS Represents and The Client (collectively the ‘Parties’) agree on a fee (‘Fee’) and remuneration in writing on the Booking Form.

An agency fee of 20% (‘Agency Fee’) calculated based on the Fee will be added by MS Represents to all invoices as standard. The Agency Fee does not apply to expenses

Unless otherwise agreed the working hours and rates are calculated as follows:

Any booking of more than six hours but no more than eight hours, will be charged at a Full Day unless otherwise agreed.

TRAVEL TIME AND DOWN DAYS: Unless agreed otherwise, travel time does not count towards booking time. Travel time & down days will be charged at 50% of the agreed Basic Studio Fee (‘BSF’).

OVERTIME: Overtime will be charged from 15 minutes over the contracted hours, 1 hour is minimum charge.

EXPENSES/OTHER COST/OTHER FEES

Unless agreed, all expenses incurred and presented to The Client by The Artist, are to be settled directly by The Client to The Artist. If The Client requests MS Represents to reimburse The Artist on behalf of The Client, MS Represents will add a 15% charge to the invoiced expenses payable by The Client. Reimbursements of The Artist by MS Represents must be paid upfront by The Client by means of deposit of funds with MS Represents which will be used to settle The Artists expenses. Any excess after deduction of the 15% charge will be returned to The Client by MS Represents at the conclusion of the Services, no later than 10 working days after receipt of the Protocol (as defined below) by The Client.

The Client pays for car for The Artist to travel to & from set.

If The Artist uses their own car, The Client agrees to reimburse The Artist at 45p per mile as the standard driving cost, plus cost of parking, if any.

Where The Artist is required to stay overnight, The Client will provide The Artist with a minimum 3* hotel with single occupancy and breakfast.

The Client is responsible for all meals and beverages, taking in account dietary requirements, for the time The Artist is providing services to The Client under the Agreement between The Client and MS Represents. This includes specifically evening meals, and meals for travel days & overnight stays prior to or after the booking. Standard per diem rate is £45 per day unless previously agreed.

CANCELLATION POLICY

If Services are cancelled by The Client 48hrs (2 working days) or less prior to the start of the Services, The Client is required to pay 100% of the Fee incl. the Agency Fee. If The Client cancels Services with a notice period of more than 48 hrs (2 working days), The Client is required to pay 50% of the Fee incl. Agency Fee, It is The Clients obligation to ensure that any cancellation is made in a form that it can be actively received and acknowledged by MS Represents.

If The Artist - due to medical or generally acceptable personal reasons (such as death of a close person) - is unable to perform as agreed, MS Represents will inform The Client without delay and will endeavour to work with The Client to find an acceptable replacement artist or another solution. Unless MS Represents has acted grossly negligent, neither MS Represents nor any of its employees can be held liable for any costs resulting from such cancellation.

USAGE/ BUYOUTS

The Client understands, accepts and agrees that any use of image rights of The Artist in recorded media or image results in additional fees to be paid by The Client to MS Represents in the form of either a usage fee, or a buyout fee as determined in the Booking Form. In the event, The Client or any client of The Client are making use of the image rights of The Artist, beyond the usage agreed in the Booking Form, The Client is liable to pay any additional usage or buyout fee to MS Represents.

MS Represents is not obligated to grant The Client any usage beyond the usage agreed in the Booking Form and may do so at its own discretion.

The Client shall negotiate any further usage of image rights of The Artist with MS Represents exclusively.

Generally, all usage fees and/ or buyout fees will be negotiated in good faith prior to the confirmed booking and will be defined and agreed upon in the Booking Form.

In the event The Client does intend or has unintentionally used the image rights beyond the usage agreed between The Client and MS Represent, it is The Clients’ obligation to notify MS Represents in writing without delay of such additional occurred or intended usage of image rights prior to release.

Under all and any circumstances, The Client will be responsible to not only pay additional usage fee and/or buyout fee, but also any cost incurred or to be incurred by MS Represents, to remedy the situation, incl. but not limited to legal fees, time spent, and any other cost related to any effort undertaken by MS Represents to litigate and/or collect any usage and/or buyout fees or to enforce payment of any additional usage and/or buyout fees.

Additionally, in the event The Client is in breach of the Agreement over usage fees and/or buyout fees, MS Represents is entitled to charge The Client a penalty at its own discretion not to exceed the usage fee and/or buyout fee agreed or that would have to be payable.

CREDITS

The Client will provide and grant both The Artist and MS Represents credit in a format compatible with industry standards including but not limited to Social Media, PR, Interviews.

OTHER ARTISTS ON THE SAME SHOOT

In the case that The Client has booked other artists for the same or a similar assignment, providing the same or similar services, and any one of these artists were booked at a rate exceeding the rate agreed to for The Artist by and between The Client and MS Represents, MS Represents expressly retains the right to adjust the Fee to be in line with the booking fees for the other artists.

INVOICING

All invoices are required to be paid within 30 days from the date of invoice.

WARDROBE

If The Artist is required to bring wardrobe items to a booking, The Client is responsible to pay a wardrobe fee calculated per item as agreed on booking confirmation form.

If The Artist is required to bring wardrobe items to a booking, The Client is responsible to pay a wardrobe fee calculated per item as agreed on booking confirmation form.

In the event of an item being damaged on set / rehearsals, it is The Client’s responsibility to reimburse The Artist for a reasonable and adequate replacement item at current market prices.

NUDITY/USE OF IMAGES IN A DEROGATORY WAY

Any assignment involving nudity, semi-nudity, see-through, bathing suit or lingerie shoots and services (‘Special Circumstances’) require the express prior written approval of MS Represents. In the event, The Client asks The Artist to perform services under Special Circumstances, The Artist is entitled to refuse services and entitled to leave the set, unless The Artist has agreed in writing under its agreement with MS Represents to perform services and work in such settings.

If The Client intentionally or negligently did not inform MS Represent for The Artist to work under Special Circumstances in writing prior to the assignments and it is not made part of the Booking Form, The Client shall be responsible to pay the full booking fee, even if The Artist refuses Services.

The use of The Artist’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the Artist. The image must not be altered or distorted.

MINORS

MS Represents does not supply artists under the age of 16 in general and undertakes reasonable efforts to know an artist’s age. In the event, The Client requests an artist under the age of 16, The Client understands that further rules and restriction may apply.

TEST PHOTOGRAPHY

If a party requests test photos from an artist represented by MS Represents, such party shall be treated under these Terms and Conditions like The Client.

The usage of test photos is free. The free usage of test photos however is limited to the inclusion in one or several portfolios of one or all of the following parties that are involved in the photoshoot to produce the test photos: photographer taking the photos, stylists, artist, and make-up artist working the shoot, and any of the theirs respective current and future agents, plus any party to which MS Represents has agreed to in writing.

Consequently, test photos are not to be used in any other manner, incl. but not limited to any published media without prior written agreement from MS Represents. Usage of test photos must credit MS Represents and The Artist on all use, including social media.

CONTRACTS/ RELEASE FORMS

Under no circumstances will The Client ask The Artist to sign anything unless previously discussed with The Agent. Any signature provided by The Artist under such circumstances shall be deemed not to have been made and/or be considered an uninformed consent by The Artist.

PERSONAL INTEGRITY, HEALTH AND SAFETY

The Client is responsible for ensuring The Artist is treated professionally and respectfully. The Client must take all necessary steps to ensure the personal integrity, health, and safety of The Artist for the whole duration of the assignment including down time and transportation. Regarding the safekeeping of personal integrity, safety and health of The Artist, The Client ensures proper instruction of and oversight over and confirms:

FEEDBACK AND COMPLAINTS

After the conclusion of Services, MS Represents and The Client agree to a debrief of the shoot in a meeting or on a call (‘Debrief’). MS Represents will then provide The Client with a written protocol of the Debrief. Unless The Client contests the protocol within 48 hours after receipt and raises any complaint in writing, The Client waives any right to complaint.

MS Represents cannot be held liable for any wrongdoing or behaviour by The Artist nor any damage incurred or caused by acts or omissions of The Artist.

APPLICABLE LAW

These T&Cs are governed by and are to be construed in accordance with English law. The English Courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, these T&Cs.