Terms & Conditions
Dynamic Talent Management – TERMS AND CONDITIONS
All clients & talent should read this carefully before booking or applying!
1.1. These Conditions shall apply to all quotations given or contracts made by DTM MANAGEMENT GROUP LIMITED, a multi industry company registered in England and Wales under number 10755294 whose registered office is at 234 -236 Whitechapel Road, London, E1 1BJ for the supply of representative, development and promotional services.
1.1 Confirmation of Booking
DTM's Booking Confirmation, containing the terms of the booking, must be signed and returned by the client prior to the booking.
1.2 Booking Fees
Fees are based on the following:
Full day = 8 hours
Half day = 4 hours
Excluding equity contracts, talent's time will be charged at the hourly rate unless a half day or full day booking has been confirmed.
Overtime is charged at the agreed hourly rate and taken to the next hour up. Overtime rates apply outside 0900-1800 hours & on all bookings longer than 8 hours.
The rate between 1800hrs & midnight is 200% of the normal daily rate. Overtime between midnight & 0900hrs is to be negotiated.
Work on Sundays & Bank Holidays is 300% of the daily rate
1.4 Invoicing & Payment
On all invoices, payment is required within 30 days of the date of invoice. In all cases the person booking the talent will be invoiced and solely responsible for payment unless otherwise agreed at the time of booking. DTM reserves the right to invoice the 'ultimate client'.
Travel can be charged in full and is payable to the talent on the day of the booking.
Clients are responsible for talents' meals on bookings.
1.7 Mixed Agency Bookings
In the event that talents from another agency are working on the same assignment and providing the same services as talents from Dynamic Talent Management (but at a higher rate) then DTM reserves the right to charge at the same rate.
1.8 Use of images
The proposed initial media, territory and period of usage of the images must be negotiated prior to the booking and will be shown on the Booking Confirmation sent by DTM to the Client at the time of booking.
It is the client's responsibility to notify DTM and negotiate additional fees (including extensions of existing agreements) for any usage, which may be required or anticipated subsequent to the time of booking.
It is not permitted to use the photographs for any purpose whatsoever until all fees have been paid in full.
1.9 Exclusion Fees
A special fee will be negotiated when the work is for a company/product which precludes work for competing products. It is the client's responsibility to check whether conflicting work has been done. If a talent advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
2.0 Talent Release Form
The Talent Release form must be signed by the Talent and client at the end of every booking.
2.1 Test and Experimental Photography
A photographer is not permitted to use test and experimental photographs for commercial purposes or resale unless an agreement has been made in writing with DTM prior to the photographic session.
2.2 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.
2.3 Cancellation Fees
If a booking is cancelled within three working days of the starting time the full fee will be charged, unless the same talent is rebooked by the same client within 24 hours, in which case 50% of the fee is charged.
If a booking is cancelled outside the three-day period but within five working days of the starting time, 50% of the fee will be charged.
If a booking is cancelled outside the five-day period, 25% of the fee will be charged.
For trips and long bookings; if the booking is cancelled within a period equal to the length of the booking then the full fee is charged.
If a booking is cancelled because of illness or some other reason beyond the talent's or agent's control, neither DTM nor the talent shall be liable for cancellation charges.
2.4 Weather Permitting Bookings
This must be made clear at the time of booking. At the first cancellation, 50% of the fee is charged unless the client fails to cancel in time to prevent the talent's attendance, when the full fee is payable. At the second cancellation the full fee is charged.
The client is responsible for the talents health and safety when the talent is travelling, or providing services in connection with the booking to the same extent as if the talent were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the talent.
The agent is not responsible if the talent fails to attend the booking. The client is advised to insure against any loss that might result if the talent does not keep a booking because of ill health or some other reason.
The photographer is not entitled to use any of the images he/she takes for any usage (apart from his/her personal portfolio) beyond that agreed. The photographer to this extent agrees to restrict use of his/her copyright and, if the DTM client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and obtain his/her agreement to them before the shoot commences.
Any cause for complaint should be reported to DTM when it arises. Complaints cannot be considered in retrospect.
Whilst every endeavour is made to provide a satisfactory and efficient service to clients DTM cannot be held responsible for a talent's conduct nor for any costs incurred by a talent's lateness or non-appearance at an assignment. Because our fees are charged at the end of every assignment there are not normally any circumstances where refunds apply, however, DTM will consider any reasonable request.
All fees are to be negotiated only with Dynamic Talent Management
DTM reserves the right to negotiate within the structure of these terms and conditions.
These terms and conditions are without prejudice to any claim against the client.
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.
These terms and conditions for booking and all other matters connected with the bookings are governed by English Law and any dispute will be settled in accordance with that law by a court in England.