Agency terms and conditions of K-Z Entertainment Ltd (KZE)
KZE is a regulated Employment Agency and is restricted by the 1973 Employment Agency Act including amendments. These Terms and Conditions for Clients (Hirers) replace any previously issued.
The client undertakes not at any time in the future to employ any of the models introduced to them through KZE in any capacity whatsoever without the written consent of KZE.
1.0. Bookings
- 1.1 The Working Day. A working day is 8 hours between 09.00 hours and 18.00 hours. and includes a lunch break of half an hour (Shops Act 1950). For Photographic Assignments the minimum booking is 2 hours. For Press Days, Fashion Shows and Promotional Assignments the minimum booking is half a day (4 hours). Clients are responsible for all models meals on all bookings outside London area (see 1.3.)
- 1.2 Overtime Rates. This will apply as follows: a) The overtime rate is 150% of the normal hourly rate between 18.00 and 24.00, 1.00 and 9.00. b) Work on Saturdays 150%, Sundays and Bank Holidays 200% of the normal hourly rate. c) A special rate to be negotiated for night work between 24.00 and 09.00 hours.
- 1.3 Travelling Time /Expenses are fully inclusive and are usually charged from KZE to the location and return.
- 1.4 Fittings. Fees to be 50% of the hourly rate, with a minimum booking of 2 hours @ £45 per hour.
- 1.5 Location Bookings. When a location booking is made, a client must provide transport there and back unless agreed otherwise. If a model on location is prevented from returning to London to work, half the daily fee is to be paid.
- 1.6 Weather Permitting Bookings. At the first cancellation half fee is charged unless a model arrives at the location in which case the full fee will be charged. At the second cancellation, the full fee is charged.
- 1.7 Poster and Show card Fees/Pack and Media Covers. These are subject to special negotiations.
- 1.8 Restrictions. The restricted use of the photographs will be negotiated by KZE at the time of the booking. The license to use the photograph is one year in the United Kingdom only for the initial permitted use. Any further usage including picture syndication to be negotiated and agreed in advance with KZE. The Usage (4.0) the Invoicing (5.2) and the Copyright (5.4) regulates this restriction.
- 1.9 Fashion shows. All photographs and videos of the model, all such material (or reproductions etc. As set out in 4.1 above) of the show are for reporting purposes only. The client is responsible for ensuring that all photographers present are aware of this condition and abide by it. If any other usage is required it must be negotiated at the time of the booking.
2.0. Provisional bookings
Provisional Bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if a definite booking is offered and the provisional cannot be confirmed.
3.0. Cancellations
Model bookings cancelled within 24 hours of the commencement of the booking will be charged at full fee, bookings cancelled within 48 hours of the commencement of the booking will be charged at half-fee. In the case of weekend and full fee will be charged. For bookings of three days or more a cancellation period equal to the length of the booking must be given otherwise full fee will be charged.
4.0. Additional Fees
- 4.1 Usage. Additional fees are payable for the right to use the model's image (or reproductions and adaptations of part or complete derived from that image, or any other representation of it, either part or complete whether alone or in conjunction with any wording or other images, photographs, drawings or material of any other nature including electronic imaging) from all known or anticipated purposes other than the initial permitted use (i.e. packs, posters, show cards, media covers, swing tickets, etc.) Unless otherwise agreed the additional fees cover the right to use one image for one year from the date of booking, in the United Kingdom only, for the purpose or purposes agreed. The client is wholly responsible for notifying KZE of any changes to this commission.
- 4.2 Territory. Additional fees are payable for the right to use the model's image (or reproductions etc as set out in 4.1 above) for all known or anticipated territories other than the United Kingdom. Unless agreed the additional fees cover the right to use one image for one year from the date of booking, in the territory or territories agreed. This use must be included at the time of the booking or use is excluded from all rights
- 4.3 Exclusion Fees. A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. The client is responsible for interpreting whether competing work has been done. When a model endorses a product they are unable to complete assignments for any other competitor unless an exclusion fee has been agreed.
5.0. Test AND Experimental Photography
A photographer is not entitled to use test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
6.0. Insurance
- 6.1 It is the client's responsibility to carry out a proper risk assessment of the location, equipment and work conditions; any risk to Health & Safety known to the client must be discussed with the model agent at the time of the booking. The client is responsible for the models safety when the model is providing services in connection with the booking. The client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are properly qualified and insured. The client is responsible for the models health and safety as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligation to the model.
- 6.2 The agent is not responsible if the model fails to attend a booking. The client is advised to insure against any losses, which might be suffered if the model does not keep a booking because of ill health, or some other reason.
7.0. KZE Practices
- 7.1 Dissatisfaction. Any cause for dissatisfaction must be reported to KZE during the course of the assignment. Otherwise KZE disclaims all responsibility for any loss financial or howsoever caused.
- 7.2 Invoicing.
- a) KZE charges a fee to the hirer for the services to be supplied by the model (worker.) The agent will invoice both agency and model fees. Unless otherwise agreed at the time of the booking the model disbursement is included in the invoice total. Equity contracts, the fee negotiated is the artist's fee from which agency commission will be deducted at 33% of the invoice total. VAT and any agreed expenses will be added where appropriate.
- b) KZE's standard practice is to accept bookings as a contract over the telephone and/or by e-mail. KZE will confirm this contract by email. The client responsible for commissioning the booking will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking.
- c) The client is liable to pay KZE for the agreed contract irrespective of any post assignment contentions.
- d) KZE reserves the right to invoice the primary client (the owner of the product i.e. designer/manufacturer/owner of product.) For example this may be undertaken if the client is booking on behalf of the primary client in which case the primary client is liable to pay the invoice. All fees for usage are for the right to use the models image and once agreed are payable whether or not the right is exercised. Unless the agent specifically agrees otherwise, in writing, no usage for the models image is permitted until payment is made in full. The agency reserves the right to alter payment terms.
- e) Use of the photographs is not permitted until payment for all fees has been made.
- f) All fees will be invoiced by KZE unless otherwise negotiated at the time of the booking and verified in writing by the client.
- g) VAT will be added to the invoice where appropriate as lawfully required by HM Customs and Excise
- 7.3.Payment for photographic assignments must be made within 7 days from the completion of the assignment.
- 7.4 Copyright. The photographer and /or the client and anyone obtaining rights from or through the photographer/client is not entitled to use any of the images for any usage beyond that agreed or permitted under sections 1,8.1,9, and 4. The photographer/client to this extent agree to restrict use and exploitation of the copyright. If the client is not the photographer, the client is to draw all thee terms and conditions to the attention of the photographer and obtain his agreement to them before the shoot commences. The client commissioning the photographs (or reproductions and adaptations of part or complete picture) is restricted by copyright. The copyright is negotiated by KZE at the time of the booking. The Usage (4.0) and Invoicing (5.2) regulates this copyright. Copyright remains the property of KZE until all images, reproductions, and adaptations, part or complete are paid for in full.
8.0. REPRODUCTION RIGHTS
- 8.1 Images. All images and details reproduced in association with KZE are supplied by the individual model and with the full permission and consent of the individual model/associates. KZE cannot be held responsible for any loss howsoever caused through the model misrepresenting themselves in any way.
- 8.2 Permission. The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with KZE. KZE cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the models/associates by KZE.
- 8.3 Media Reproductions.KZE reserves all rights to reproduce in any media (electronic, telegraphic, print, etc) any images supplied to KZE by any individual model/associates.
9.0. Contract
- 9.1 All matters relating to the use of the models image, any other services supplied by the model and all fees must be negotiated and agreed only with the agent, K-Z ENTERTAINMENT LTD. The client or the photographer or any other person on their behalf or connected with them must not obtain the models signature on any document or attempt to make verbal agreements to anything. Any such signing or proposed verbal agreement is not binding on the model or KZE the agent. KZE must have a copy of the proposed document for signature prior to the assignment. If in agreement KZE will sign this document and supply a copy of this signed document to the client.
- 9.2 These terms and conditions for booking and all matters connected with the booking are governed by English law and any dispute will be settled in accordance with that law either by a court in England or such other method as might be agreed at the time of the dispute. Where the context requires the singular includes the plural and he includes she. KZE acts solely for and on behalf of our models who are self-employed persons. KZE is a regulated Employment Agency and whilst making every endeavor to provide a satisfactory and efficient service KZE cannot be held responsible for the models conduct neither on an assignment nor for any loss financial or otherwise whatsoever caused. KZE is not responsible for any costs incurred due to the lateness of a model on any assignment.
Box Office terms and conditions of K-Z Entertainment Ltd (KZE)
Please read these terms and conditions carefully, as it is important you understand the contractual relationship you will be entering into by ordering through www.k-zentertainment.com
Tickets
- K-Z Entertainment issues tickets on behalf of Promoters and Organisers.
- All tickets are subject to availability.
- Please check your tickets carefully as mistakes cannot always be rectified.
- Please take special care of standing tickets as duplicates cannot be issued under any circumstances.
- Tickets are sold for private use and we monitor their sale and resale. If we have reason to believe that tickets are being resold we may invalidate them.
- We may restrict the sale of tickets to a maximum number per person ("Allocation"). We reserve the right to cancel tickets purchased in excess of the Allocation.
- K-Z Entertainment has introduced Electronic Tickets (E-Tickets) as the standard ticket for all our events.
- The e-ticket will be emailed to the email address you have used to register and purchase the tickets.
Notices
The Promoter or Organiser is responsible for all aspects of the event; requests for refunds should always be referred to the Promoter or Organiser.
We suggest you check event details, timings and car park charges prior to travelling as these may be subject to change.
Liability
We attempt to ensure that the information available on the web site at any one time is accurate. However, we cannot guarantee that it will be fault free and we cannot be responsible for goods and services offered by us as agents for third parties or for any aspect of the relationship between you and that third party.
We do not accept liability for any errors and/or omissions and reserve the right to change any of the information found at this site at any time without notice.
We do not accept liability for any indirect or consequential loss arising out of the use of or the inability to use the web site or for any products or services purchased from the web site.
We will only be liable for direct loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product or service purchased. This liability section only applies to the extent permitted by law.
Jurisdiction
Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from us.
These terms contain the entire agreement between you and K-Z Entertainment relating to your purchase. The invalidity or enforceability of any term shall not affect the validity or enforceability of any of the other terms.
Where there are any inconsistencies between these terms and conditions ("Internet Terms") and those set out on the reverse of the ticket ("Ticket Terms") the Internet Terms will prevail.
