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- Terms and conditions
As required by Department of Employment regulations, the Agency's booking confirmation
form, containing the specific terms of the booking, must be signed and returned
by the client. The failure to sign and/or return the booking confirmation form whilst
proceeding with the booking will be deemed to be an acceptance by the client of
these terms and conditions and they shall apply to and govern the booking between
the Agency and the client.
Any amendment and/or variations made to the booking confirmation form by the client
shall not be valid and binding unless the Agency has agreed to such amendment and/or
variation in advance and confirmed such agreement by signing the booking confirmation
form after the amendment and/or variation has been included on the booking confirmation
form.
Booking fees
- Permitted use
Unless agreed otherwise and included on the booking confirmation form, booking fees
provide an entitlement and right for the client to use one image via a single published
medium for one year from the date of the booking, in the United Kingdom only, for
the initial permitted use. Please note that such permitted use and entitlement is
strictly subject to payment in full of all fees owed to the Agency.
- Daily/hourly rate
Standard hourly rates are charged during Monday to Friday between 09:00 and 17:00
or 10:00 and 18:00 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.
Details will be set out in the booking confirmation form.
- Overtime
Overtime rates apply at any time in excess of any 8 hour period including any time
outside 09:00 and 17:00 or 10:00 and 18:00. Monday to Friday and on all bookings
lasting longer than 8 hours. Overtime rates will be charged as follows:
- Work on Saturdays between 09:00 and 24:00 and between 18:00 hours and 24:00 hours
on Mondays to Fridays (excluding bank and public holidays) is charged to the client
at one and a half times the standard hourly rate.
- A special rate is negotiated for night work between 2400 hours and 0900 hours.
- Work on Sundays and bank and public holidays is charged to the client at double
the standard hourly rate.
- Travel
Any time spent by the model travelling to or from a client's venue will be charged
at half the hourly rate: this applies to any travel outside a five mile radius of
Hyde Park Corner (i.e. Chiswick in the west, Golders Green and Highgate Village
in the north, Mile End in the east, Streatham Hill and Tooting Bec in the south).
- Fitting fees
Any time spent by the model for fittings is charged at half the appropriate hourly
rate with a minimum charge to the client of ?50 per hour.
- Additional expenses
All expenses incurred by the Agency on the clients' behalf will be charged to the
client and will include an uplift of 12.5% of the total amount of the expenses.
- Location bookings
When a location booking is made, a client must provide transport for the model both
to the booking location and back again unless agreed otherwise. If the client fails
to provide such transport then the Agency shall be entitled to re-charge the cost
of the transport procured for the model in accordance with section 2f). If a model
on location is prevented from returning to London to work, half the daily fee will
be charged to and payable by the client.
- Additional fees
To
be agreed at the time of the booking or before any additional usage
- Usage
Additional fees are payable for the right to use the model's image or reproductions,
or adaptations of, or drawings derived from that image, or any other representation
of it, either complete or in part whether alone or in conjunction with any wording
or other images, photographs, drawings or anticipated purposes other than the initial
permitted use, details of which will be set out in the booking confirmation form,
e.g. packs, posters, showcards, record 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 permitted use or uses or purposes
agreed between the Agency and the client. Under no circumstances will each additional
usage fee be less than the model's advertising day rate as determined by the Agency
unless determined otherwise by the Agency in its absolute discretion.
- Territory
Additional fees are also payable for the right to use the model's image or reproductions
etc, as set out in section 3a) above for all known or anticipated territories other
than the United Kingdom. Unless otherwise agreed the additional fees cover the right
to use one image for one year or one season (as determined by the Agency at the
date of booking) from the date of booking, in the territory or territories agreed
and stipulated on the booking form. Under no circumstances will each usage fee be
less than the model's advertising day rate as determined by the Agency unless determined
otherwise by the Agency in its absolute discretion.
- Other services
Additional fees are also payable for other services to be supplied by the model,
for example, personal appearances for PR purposes. Fees for such services will be
negotiated on a case by case basis.
Agency Fees
- All bookings apart from equity contract TV commercials
The agency charges a supplement of 20% on all fees including without limitation
hourly, daily and overtime fees and all fees for the right to use and all fees negotiated
for any other service to be supplied by the model. Both agency fees and model fees
will be invoiced by the Agency. Unless otherwise agreed at the time of booking the
model disbursement is included at 66.7% and the agent's fee at 33.3% of the invoice
total.
- Equity contract TV commercials in the United Kingdom
The fee negotiated by the Agency is the model's fee from which an agency commission
will be deducted at 20% of the invoice total.
- Non equity contract TV commercials worldwide
The model disbursement and agency fees will be charged in accordance with 4a) and
applies to all commercials shot for use outside the UK irrespective of where the
fee is paid.
- Value added tax
All sums payable under these terms and conditions are exclusive of VAT and any other
similar or equivalent taxes or duties which shall be payable in full without set
off by the client.
- Invoicing
On all invoices payment is required to be made by the client within 30 days of the
date of the invoice. In all cases, the person booking the model is the client, who
will be invoiced and solely responsible for payment, unless otherwise agreed in
writing at the time of booking. the Agency reserves the right in its discretion
to invoice the 'ultimate client', (eg. designer/ manufacturer/owner of the product
in question). For example, this may be done if the client is booking on behalf of
the ultimate client, in which case the client and the ultimate client are jointly
and severally liable to pay all of the fees and settle the invoice accordingly.
All fees for usage are for the right to use the model's image and, once agreed,
are payable whether or not the right is exercised. Unless the Agency specifically
agrees otherwise, in writing, no usage for the model's image is permitted until
payment is made in full. The agency reserves the right to alter payment terms if
it deems appropriate, prior to booking.
If the client fails to pay in full on the due date any amount which is payable to
the Agency, without prejudice to any other right or remedy of the Agency, the amount
outstanding shall bear interest both before and after any judgment at five per cent
per annum over Barclays Bank plc base rate from time to time from the due date until
up to and including the date that payment is made in full and such interest shall
be compounded and accrued on a daily basis.
- Exclusivity fees
Unless agreed otherwise the model is supplied to the client by the Agency on a non-exclusive
basis and the model shall be free to provide similar and/or competing services to
any third party and/or competing product or brand of the client. An additional fee
will need to be agreed when the use of the model's image or the service to be supplied
by a model in relation to a product is required on an exclusive or semi-exclusive
(for example sector specific exclusivity) basis which precludes supplying services
or allowing the use of the model's image for competing and/or particular sector
of products or within a particular territory. A model can supply services to and
allow use of the model's image by any competitor unless such an exclusivity fee
is negotiated and paid by the client. It is the client's responsibility
to carry out any research and check whether the model supplied has undertaken or
is booked to undertake any conflicting work.
- Provisional bookings
Provisional bookings will be automatically cancelled if they are not confirmed by
the client (by signing the booking confirmation form) within 24 hours of the proposed
booking.
- Cancellations
Cancellation of booking by the Client
Within 24 hours of the booking call time the full booking fee will be charged and
payable by the client unless the same model is booked within 24 hours of the cancellation
in which case half the booking fee will be charged and payable by the client.
Outside 24 hours of the booking call time but within 48 hours of the booking call
time of the booking date then half the booking fee will be charged and payable by
the client.
The full booking fee will be charged and payable by the client for bookings of more
than three days duration: within a period equal to or less than the length of the
booking, then Saturdays, Sundays and bank and public holidays are excluded for the
purpose of determining the cancellation notice period.
Cancellation of booking by the Agency
Should the Agency want to cancel a booking then it shall use reasonable endeavours
to provide the client with reasonable notice, take steps to offer to the client
a suitable replacement and/or substitute and take such other reasonable steps as
are reasonably practicable to mitigate against such cancellation.
In any event the Agency shall be entitled to cancel a booking at any time and for
any reason prior to the booking date without liability to the client and the client
will procure the necessary insurance cover to protect against such cancellation
and any associated liability.
- Weather related cancellations
On the first occasion of cancellation half the booking fee is charged and payable
by the client unless the client fails to cancel in time to prevent the model's attendance
in which case the full booking fee is charged and payable by the client. On the
occasion of the second cancellation and any subsequent cancellations the full booking
fee is charged and payable by the client.
- Meals
Clients are responsible for the provision of all meals and beverage requirements
of the models (taking into account dietary requirements) whilst the models are providing
services to the client on all bookings (see section 2d)).
- Model care and safety
The clients shall ensure that the model is treated with respect and professionalism
and that the client takes all steps necessary to ensure that the safety, health
and well being of the model is protected and maintained at all times whilst providing
services to the client. Such steps shall include without limitation:
-
ensuring that the venue for the provision of the services and the working conditions
are safe and secure and allow the model to provide the services in compliance with
all health and safety standards, regulations, codes and laws;
-
allowing the model to take suitable and regular rest periods, to ensure the model
is able to maintain suitable amounts of rest and refreshment whilst delivering the
services;
-
providing adequate levels of insurance cover to safeguard the health and safety
and future earnings of the model whilst the model is delivering the services and
travelling to and from the client's venue as if he/she were an employee of the client;
-
ensuring that all of the people and organisations which are engaged by the client
in relation to the delivery of the services are suitably qualified, experienced
and professional;
-
ensuring that no one imposes upon the model any action or activity which is either
dangerous, degrading, unprofessional or demeaning to the model;
-
ensuring that the services are delivered and the model is treated in accordance
with The Association of Model Agents' Code of Practice;
-
providing the model with an appropriate changing and dressing area to ensure that
the model can prepare for the provision of the services and also maintains his/her
privacy.
Always include a credit as "model's name" @ "the Agency", wherever a credit is applied.
Warranties
- Fashion shows
Catwalk bookings provide the client with the right to make use of a model's services
on the catwalk for the specified show and the right to allow photographers to be
present to take photographs and videos of the show on the basis that all such material
(or reproductions etc. as set out in section 3b above) is exploited for reporting
purposes only. The client is responsible for ensuring that all photographers
present are aware of this condition and the client will procure that they abide
by these conditions. If any other usage is required it must be negotiated and agreed
with the Agency at the time of the booking.
- Music videos, Promotional films
All fees will be negotiated, structured and paid by the client for on a case by
case basis. In normal circumstances there will be a fee for the shoot plus an additional
buyout fee payable by the client. If not booking direct, the client (usually the
music company) will be invoiced by the Agency as the ultimate client (see section
5).
- Test and experimental photography
When the Agency agrees to allow a photographer to take test or experimental photography
the photographer is not entitled to use, or allow others to use, test and/or experimental
photographs or test commercials for commercial purposes unless specific arrangements
have been made before the photographic session.
- Intellectual property rights
The photographer and/or the client and anyone obtaining rights from or through the
photographer/client is not entitled to use any images for any usage beyond that
agreed or permitted under sections 2a), 3, 12, 13 and 14 above. The client will
procure that the photographer/client agrees to restrict the use and exploitation
of the copyright content of the photograph or any other intellectual property rights.
If the client is not the photographer, the client is to draw all these terms and
conditions (1-22) to the attention of the photographer and procure his agreement
to them before the shoot commences.
All rights not expressly granted to the client under these terms and conditions
are hereby reserved to the Agency and/or the model as appropriate. In particular,
the client acknowledges and agrees that the Agency is the owner or licence holder
of all commercial rights and intellectual property rights relating to the model
and the Agency and the client shall not be entitled to exploit or enter into any
commercial or other agreement to exploit any rights relating to the model or the
Agency other than the rights specifically granted to the client under these terms
and conditions.
Liability and insurance
No party excludes or limits its liability under these terms and conditions for:
- death or personal injury caused by its negligence;
- fraudulent misrepresentation;
- any other type of liability which cannot by law be excluded or limited.
-
Subject to section 17a, the Agency limits its liability under these terms and conditions,
whether such liability arises in contract, tort (including without limitation negligence)
or otherwise, so that the maximum liability of the Agency for all claims under these
terms and conditions shall be limited to and shall not in aggregate exceed the total
amount of the fees paid or payable to the Agency;
The Agency shall not be liable for:
- loss of business, use, profit, anticipated profit, contracts, revenues, goodwill
or anticipated savings;
- product recall costs;
- failure by the model to attend a booking for whatever reason;
- damage to the client's reputation;
- consequential, special or indirect loss or damage;
even if the Agency has been advised of the possibility of such loss or damage. The client shall effect and maintain (and shall require its ultimate client, if
any, to maintain) throughout the continuance of this terms and condition insurance
policies which provide appropriate coverage adequate enough to cover all liabilities
and risks of the client that may arise under these terms and conditions. Such insurance
policies shall include without limitation:
- cancellation insurance to protect against the potential liabilities which the Agency
and the client may incur as a consequence of the provisions of sections 8 and 9;
- insurance to protect the model and the Agency should any damage, injury or loss
be caused whilst the model is providing services to the client;
- travel insurance to cover the activities of the models whilst travelling to and
from the location of the services.
- Contract and authority
All matters relating to the use of the model's image, any other services supplied
by the model and all fees must be negotiated and agreed only with the Agency. The
client shall not attempt to negotiate, nor allow others to negotiate, with the models
directly. If the client or the photographer or any other person on their behalf
or connected with them obtains the model's signature on any document or the model's
purported verbal agreement to anything, that is not binding on the model or the
Agency unless and until it is agreed in writing by the Agency (such agreement to
be determined in the Agency's absolute discretion).
- Complaints and disclaimer
Any cause for complaint must be reported to the Agency by the client as soon as
it arises. Complaints cannot be considered and/or dealt with effectively after the
services have been delivered. Whilst the Agency will use reasonable endeavours to
ensure that the models provide a satisfactory and efficient service to clients,
as the agent, the Agency cannot be held responsible for a model's conduct or behaviour
whilst delivering the services and in this regard the Agency shall not be held liable
for any costs, expenses or losses suffered as a consequence of the behaviour or
conduct of any model.
- Force Majeure
The Agency's shall not be liable to the client for any delay in performing or failure
to perform any of its obligations under these terms and conditions which is due
to any cause beyond its control and which is unknown to, and cannot reasonably be
anticipated by the Agency including without limitation fire, floor or catastrophe,
acts of God, insurrection, workforce action, war or riots, (an "Event of Force Majeure")
and the Agency's obligations under these terms and conditions shall be suspended
for so long as the Event of Force Majeure continues and to the extent that it is
so delayed.
Interpretation of terms and conditions
For the purpose of the relationship between the client and the Agency the client
acknowledges, accepts and agrees that the Agency is the supplier of services which
shall be strictly and exclusively governed by these terms and conditions. These
terms and conditions apply to every offer, quotation, acceptance, purchase order,
confirmation order, specification and/or contract for the sale and supply of services
or goods (including services ancillary thereto) by the Agency and supersede any
other terms of the client and take precedence over and override and exclude any
other terms stipulated or incorporated or referred to by the client whether in the
booking confirmation form or in any negotiations and any course of dealing established
between the Agency and the client. The client acknowledges that there are no representations,
statements or promises made or given by or on behalf of the Agency outside these
terms and conditions which have induced the client to enter into these terms and
conditions (which expression shall include any contract of which these terms and
conditions form part). If there is any conflict between any of these terms and conditions and the booking
confirmation form then the terms of these terms and conditions shall prevail without
detriment to the remaining unaffected terms of booking confirmation form. The booking confirmation forms part of these terms and conditions and shall have
effect as if set out in full in the body of these terms and conditions. Any reference
to these terms and conditions includes the booking confirmation form. For the purpose of these terms and conditions the words "agreed", subject to section
1, means agreed in writing in the booking confirmation form and signed by duly authorised
representatives of both the Agency and the client.
General
If any of the terms, conditions or provisions of these terms and conditions or the
booking confirmation are determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term, condition or provision will to that extent,
be severed from the remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law. Any termination of all or part of these terms and conditions shall not affect the
coming into force or the continuance in force of any provision of these terms and
conditions which is expressly or by implication intended to come into force or continue
in force on or after such termination. Except as otherwise expressly provided in these terms and conditions, all representations,
warranties, undertakings, agreements, covenants, indemnities and obligations made
or given or entered into by the client and the ultimate client under these terms
and conditions are assumed by them jointly and severally. Nothing in these terms and conditions shall render any party a partner or agent
of the other. Except as expressly permitted by these terms and conditions, nothing
shall allow a party to purport to undertake any obligation on behalf of the other
nor expose the other party to any liability nor pledge or purport to pledge the
other's credit. No failure to exercise and no delay in exercising on the part of either party of
any right, power or privileged under these terms and conditions shall operate as
a waiver of it. Nor shall any single or partial exercise of any right, power or
privilege preclude the enforcement of any other right, power or privilege. Nor shall
the waiver of any breach of a provision be taken or held to be a waiver of the provision
itself. For a waiver to be effective it must be made in writing. Except as and to the extent expressly otherwise specified in these terms and conditions,
the rights and remedies contained in these terms and conditions are cumulative and
are not exclusive of any rights or remedies provided by law or elsewhere in these
terms and conditions. The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors
with knowledge hereof to keep these terms and conditions strictly private and confidential
and not to disclose any details relating to the same, subject to disclosure in the
following circumstances;
- to enable enforcement of the party's rights under these terms and conditions;
- with the prior written consent of the other party;
- as required by any applicable law.
These terms and conditions and the booking form constitute the entire agreement
between the parties and supersede any previous agreement or arrangement between
the parties relating to the subject matter of these terms and conditions. No variation or amendment to the terms of these terms and conditions shall be valid
and binding unless in writing and signed by an authorised representative of each
party. Except where these terms and conditions expressly provides otherwise, a person who
is not a party to these terms and conditions has no right under the Contracts (Rights
of Third Parties) Act 1999 to enforce any term of these terms and conditions but
this does not affect any right or remedy of a third party which exists or is available
apart from under that Act. The client acknowledges, accepts and agrees that the
Agency has entered into these terms and conditions for the benefit of itself and
the model and accordingly the model shall be entitled to enforce these terms and
conditions as if he/she were a party to these terms and conditions. The parties agree that these terms and conditions and its provisions will be governed
by and construed in accordance with English law and the parties hereby submit to
the exclusive jurisdiction of the English Courts.
WEBSITE TERMS AND CONDITIONS OF USE
Welcome to www.premiermodelmanagement.com
(the "Website"). Using the Website confirms that you accept these terms (the "Terms")
regardless of whether or not you choose to register with the Website. If you do
not accept these Terms, do not use the Website. Please note that the Terms are updated
from time to time and it is your responsibility to review these Terms regularly.
Introduction
- 1.1 The Website is owned by Premier Model Management Limited (the
"Company"). The Company is registered in England and Wales (company number:2619150)
(VAT number: GB523 4125 82) and its registered office is at 40-42 Parker Street,
London WC2B 5PQ (telephone number: +44 20 7333 0888. email:
info@premiermodelmanagement.com
- 1.2 You may access most areas of the Website without registering
your details. Certain areas of the Website are only open to you if you register
as a registered user and use the Website in accordance with these Terms.
- 1.3 By accessing any part of the Website you shall be deemed to
have accepted these Terms in full. If you do not accept these Terms in full, you
must leave the Website immediately.
- Variation
The Company shall have the right, at its sole discretion to modify, add or remove
any terms or conditions of these Terms without notice or liability to you. You should
regularly check the Website to review the current Terms since they are binding on
you. Any changes to these Terms shall be effective immediately following the posting
of any such changes on the Website. Please review these Terms regularly to ensure
that you are aware of any changes made by the Company. Your continued use of the
Website after changes have been posted means you agree to be legally bound by the
Terms as updated and amended.
Ownership and Restrictions
- 3.1 Apart from images licensed for use by the Company, including
photographic images and content which is licensed by the Company from photographers,
fashion houses and other third parties, the Website, its design and content including
all text, information, still and motion video, audio and audio visual material,
code and/or software and all intellectual property rights relating to the same (the
"Material") are owned by the Company.
- 3.2 The Website may be used by you strictly for your own personal
use as provided in these Terms. No element of the Website or the Material may be
taken out of context or presented in a misleading or discriminatory manner.
- 3.3 You are strictly prohibited from accessing and using any of
the images found on the Website in any manner unless you are an authorised licensed
user and adhere strictly to the terms of the separate licence terms governing the
valid and lawful use of such images.
- 3.4 You agree not to modify, copy, reproduce, broadcast, modify,
adapt, transmit, republish, sell, resell, exploit, create derivative works or distribute
in any way any portion of the Website or the Material.
- 3.5 You are granted a personal, limited, non-transferable, non-exclusive
licence to access the Website and print and download extracts from the Website (which
are clearly made available by the Company for you to print and/or download and which
excludes any other images) for your own private personal use on the following basis:
- 3.5.1 no documents, images or related graphics on the Website are
modified in any way;
- 3.5.2 no graphics or images found on the Website are used separately
from the accompanying text;
- 3.5.3 no Material or any portion of the Website is used and/or
exploited to create an association or similar connection with a business, person
or corporate entity;
- 3.5.4 the Company's copyright and trade mark notices and this permission
notice appear in all copies of any material from the Website;
- 3.5.5 you do not, and you do not allow any third party, to modify
or create a derivative work, reverse engineer or otherwise attempt to discover any
source code or software available on the Website.
The grant of this limited licence is conditional upon your agreement to and compliance
with all these Terms. The Company may revoke this licence at any time in its absolute
discretion.
- 3.6 Any use of extracts or images from the Website, including without
limitation the Material, other than in accordance with paragraph 3.5 above for any
purpose is prohibited. If you breach any of the Terms, your permission to use the
Website automatically terminates and you must immediately destroy or permanently
erase from any computer memory or storage device any downloaded or printed extracts
or images or documents from the Website including without limitation the Material.
- 3.7 All copyrights, trade marks, intellectual property rights and
proprietary rights on the Website are the property of or licensed to the Company
unless otherwise stated. Nothing shall be construed as conferring upon you by implication,
estoppel or otherwise any licence or right to use any trade mark, patent, registered
design, design right, copyright or other intellectual property right of the Website.
Website Access
- 4.1 While the Company endeavours to ensure that the Website is
normally available 24 hours a day, the Company shall not be liable if for any reason
the Website is unavailable at any time or for any period.
- 4.2 Access to the Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons beyond
the Company's control.
Visitor Material and Conduct
- 5.1 Other than personally identifiable information, which is covered
under our Privacy Policy, any material you transmit or post to the Website shall
be considered non-confidential and non-proprietary. The Company shall have no obligation
with respect to such material. The Company and its designers shall be free to copy,
disclose, distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all commercial
or non-commercial purposes.
- 5.2 You are prohibited from uploading, posting or transmitting
to or from the Website any material:
- 5.2.1 that is threatening, defamatory, obscene, indecent, unlawful,
seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach
of privacy or which may cause annoyance or inconvenience;
- 5.2.2 for which you have not obtained all necessary licences, consents
and/or approvals;
- 5.2.3 which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in any country in the world;
- 5.2.4 which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
- 5.3 You may not misuse the Website (including, without limitation,
by hacking) in a way which is contrary to the Terms. In the event that you do misuse
the Website or breach any of the Terms, the Company reserves the right to ask you
to leave the Website immediately, and to prohibit you from using the Website in
the future.
- 5.4 The Company shall fully co-operate with any law enforcement
authorities or court order requesting or directing the Company to disclose the identity
or locate anyone posting any material in breach of this paragraph 5.
Links To and From Other Websites
- 6.1 Links to third party websites on the Website are provided solely
for your convenience. If you use these links, you leave the Website. The Company
has not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. As a result, the
Company does not endorse or make any representations about them, or any material
found there, or any results that may be obtained from using them. If you decide
to access any of the third party websites linked to the Website, you do so entirely
at your own risk.
- 6.2 Please note that we are not responsible for the terms of use
or data collection practices of any other websites and we encourage you to read
the privacy statements and terms of use of those linked websites.
- 6.3 The Company does not permit the linking of the Website from
any third party websites unless it has provided its express written consent to do
so.
Registration
- 7.1 When you submit your details to us via the Website, you warrant
that all the details you supply, including without limitation, your name and e-mail
address are accurate, that you are authorised to use the e-mail address that you
provide and that you are at least sixteen (16) years old. If you are below the age
of sixteen (16), please obtain the permission of your parent or guardian before
using the Website. The Company has no intention of collecting any personal information
from children below the age of 16 without informed parental consent. Parents are
encouraged to review their children's e-mail and Internet activities to ensure that
the Website is being used in accordance with these Terms.
- 7.2 The Company takes your privacy seriously. Please read the Company's
Privacy Policy for details about what information the Company collects and how the
Company will use and protect it.
Terms and Conditions of Business
- 8.1 Details of the terms and conditions of business are available
at www.premiermodelmanagement.com/terms.
Please review such terms and conditions carefully and thoroughly as they will govern
and apply to any supply of the services by the Company and take precedence over
and supersede any other terms.
- 8.2 Any amendment or variation made to the terms and conditions
of business as supplied by the Company shall not be valid or binding unless agreed
to in advance by the Company and confirmed by the Company by counter-signing such
amendment or variation on this booking confirmation form.
- Disclaimer
INFORMATION ON THIS WEBSITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO
CONDUCT MODELLING BUSINESS IN ANY JURISDICTION. IT IS YOUR RESPONSIBILITY TO INFORM
YOURSELF ABOUT AND OBSERVE ANY APPLICABLE LAWS RELATING TO MODELLING. INFORMATION
ON THE WEBSITE HAS BEEN OBTAINED FROM SOURCES WHICH WE BELIEVE TO BE RELIABLE AND
ACCURATE. THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION CONTAINED
WITHIN THE WEBSITE PROVIDED BY THIRD PARTIES.
Accuracy
- 10.1 WHILE THE COMPANY ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THE
WEBSITE IS CORRECT, THE COMPANY DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF
THE MATERIAL ON THE WEBSITE. THE COMPANY MAY MAKE CHANGES TO THE MATERIAL ON THE
WEBSITE, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE,
AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
- 10.2 THE MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS,
WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE COMPANY PROVIDES YOU WITH THE WEBSITE ON THE BASIS THAT THE COMPANY
EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING,
WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS
FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL WHICH, BUT FOR THESE TERMS,
MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.
Liability
- 11.1 THE COMPANY, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING,
PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF THE COMPANY'S GROUP
COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY
OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR ANY KIND OF
LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE
IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE
OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE
OR ANY WEBSITES LINKED TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, ANY DIRECT
LOSS OR DAMAGES OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR
LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND
WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE
AND ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES).
- 11.2 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE COMPANY'S LIABILITY
FOR:
- A. DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE
(AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977);
- B. FRAUD;
- C. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- 11.3 YOU ASSUME ALL COSTS IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA.
- 11.4 THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE WEBSITE
CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT
THE WEBSITE'S SERVER IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR BUGS.
- Severance
If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable
by reason of the laws of any state or country in which these Terms are intended
to be effective, then to the extent and within the jurisdiction in which that term
is illegal, invalid or unenforceable, it shall be severed and deleted from these
Terms and the remaining Terms shall survive, remain in full force and effect and
continue to be binding and enforceable.
- No Waiver
No delay or failure by the Company to exercise any powers, rights or remedies under
these Terms will operate as a waiver of them nor will any single or partial exercise
of any such powers, rights or remedies preclude any other or further exercise of
them. Any waiver to be effective must be in writing and signed by an authorised
representative of the Company.
- Entire Agreement
These Terms including the documents or other sources referred to in these Terms
supersede all prior representations understandings and agreements between you and
the Company relating to the use of this Website and sets forth the entire agreement
and understanding between you and the Company for your use of this Website.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law. Disputes
arising in connection with these Terms shall be subject to the exclusive jurisdiction
of the courts of England.
Issue Date: 17th March 2009
PRIVACY POLICY
Premier Model Management Limited ("we" or "us") place great importance on visitor
privacy and the security of all guests visiting
www.premiermodelmanagement.com (the "Website"). We are dedicated to protecting
your personal information and have notified the Information Commissioner of our
role as data processor under the Data Protection Act 1998 (Registration Number:
Z5949214). This privacy policy (the "Policy") describes how we work to maintain
your trust.
- Use of the Website
By accessing or using the Website, you agree to the terms of this Policy. If you
do not agree with any of these terms, please do not use the Website. This Policy
only applies to data collected on the Website, and does not apply to websites of
affiliated companies. We reserve the right to modify the Policy at any time without
notice. Any changes to our Policy in the future will be posted on the Website and,
where appropriate, notified to you by e-mail. You are responsible for regularly
reviewing the Policy for any updates and/or changes to the Policy.
- Information We Collect
We collect information about you in two ways. First, we collect personal information
provided to us directly by you, such as when you apply to become a model; place
a booking; e-mail us; authenticate an order; or request information from us. Second,
we automatically receive information from your browser, including but not limited
to your internet protocol (IP) address, information about your browser, "cookie"
and "web beacon" or "web bug" information.
Cookies and Web Beacons/Web Bugs
- 3.1 A cookie is a very small file sent to your web browser by a
website's server to process information more efficiently. A cookie file can contain
information such as a user ID that the Website uses to track the pages you have
visited, however the only personal information a cookie can contain is information
you supply yourself. Cookies cannot read data off your hard drive, destroy files,
or send viruses. Cookies basically avoid duplication of information. For instance,
by setting a cookie on the Website, you would not have to log in a password more
than once and save time while visiting the Website. Cookies can also enable us to
track and target the interests of our users to enhance their experience on our Website.
You can set your browser to reject a cookie. If you do so, you will still be able
to use the Website, but you may be limited in some areas of the Website. Unless
you have adjusted your browser setting so that it will refuse cookies, our system
will issue cookies when you log on to our Website. For more information about cookies
and how to turn them off, please visit the Interactive Advertising Bureau's website
at http://www.allaboutcookies.org.
- 3.2 A web beacon or web bug is a file used to monitor your journey
around a single website or collection of websites. They may be used in association
with cookies to understand how visitors interact with the pages and content on the
pages of a website. Being able to recognize you enables us to make the Website more
user friendly.
Use of the Collected Information
- 4.1 We generally use information provided by you to enhance your
experience of the Website, to customize the advertising and content you see, to
fulfill your requests for products or services, to improve our products and services,
to contact you, and to gather and review statistical information.
- 4.2 By providing us with your details, you agree that we may send
you marketing and promotional material or other information about our products and
services. We may also send you surveys or market research questionnaires which you
may or may not choose to participate in.
- 4.3 We may use tracking information that is automatically sent
to us to determine which areas of our Website are most (and least) popular based
on traffic to those areas. We do not track what individual users read, but rather
how well each page of the Website performs overall. This helps us continue to build
a better service for our users.
Information Sharing and Disclosure
- 5.1 We may disclose your personal information to any member of
our group of companies, which means our subsidiaries, our ultimate holding company
and its subsidiaries, (as defined in section 736 of the UK Companies Act 1985).
- 5.2 We may disclose your information to third parties under the
following circumstances:
- 5.2.1 where, in order for us to provide our products and services
to you, we may need to appoint other organizations to carry out some of the processing
activities on our behalf. These will include, for example, delivery organizations
and mailing houses. In these circumstances, we will take all steps reasonably necessary
to endeavour that your information will be used in a manner consistent with the
Policy;
- 5.2.2 in response to subpoenas, court orders, or legal proceedings,
or to establish or exercise our legal rights or defend against legal claims;
- 5.2.3 where it is necessary to share information in order to investigate,
prevent or take action regarding illegal activities, suspected fraud, potential
threats, violations of our terms and conditions, or as otherwise required by law;
- 5.2.4 in connection with the sale, merger, joint venture, acquisition,
or reorganization of us or any of our subsidiaries or parent companies and their
respective assets, where we may have to disclose your information to our new business
partners or owners.
- 5.3 Where you have consented by "opting in" when providing us with
details, we may also allow carefully selected third parties, including in particular,
our commercial sponsors, to contact you occasionally about products and services
which may be of interest to you. They may contact you by post, telephone or fax,
as well as by e-mail. If you change your mind about being contacted by these companies
in the future, please contact the Privacy Policy manager to update your preferences
at info@premiermodelmanagement.com.
- 5.4 We may also pass aggregate information on the usage of the
Website to third parties but this will not include information that can be used
to identify you.
- 5.5 Unless required to do so by law, we will not otherwise share,
sell or distribute any of the information you provide to us without your consent.
Use of Your Information Outside the European Economic Area ("EEA")
- 6.1 The information you provide to us will be held on our computers
and may be accessed by or given to our staff, companies within our group or other
third parties who may be located outside the EEA. These parties act for us for the
purposes set out in the Policy or for other purposes approved by you. Please note
that if you submit your data to us, you will be giving your consent to the data
being transferred outside the EEA.
- 6.2 Countries outside the EEA and the USA do not always have strong
data protection laws. However, we will always take reasonable steps to ensure that
your information is used by third parties in accordance with this Policy.
Security and Data Retention
- 7.1 We endeavour to protect personal information under our control
in order to prevent the loss, misuse, unauthorized access, disclosure or alteration
of your information.
- 7.2 Unfortunately, the transmission of information via the internet
is not completely secure. Although we will take reasonable steps to protect your
personal data, we cannot guarantee the security of your data transmitted to our
Website; any transmission is at your own risk. Once we have received your information,
we will use strict procedures and security features to try to prevent unauthorised
access.
- 7.3 We will retain your information for a reasonable period as
long as the law requires.
- Links to Other Websites
The Website may contain links to other websites that are owned and operated by third
parties. Even if the third party is affiliated with us, we have no control over
these linked websites, all of which have separate privacy and data collection practices.
Please be aware that we cannot guarantee or be responsible for the data collection
practices of such other websites. We encourage you to read the privacy statements
for those linked websites.
- Privacy of Children
The Website is not designed for, or directed to children. As such, we do not intend
to collect and will not knowingly collect any personal information from children
below the age of 16 without parental consent. If you are under 16, you must ask
your parent or guardian before you send any information to us or ask us to e-mail
anything to you. By sending us any information or asking us to send you information
you are confirming that you have received the informed consent of your parent or
guardian. Parents are encouraged to review their children's e-mail and internet
activities to ensure that the Website is being used by their child in accordance
with parental consent and this Policy. Should parents wish to access their children's
personal information held by us, they should contact the Privacy Policy Manager
at info@premiermodelmanagement.com.
- Accessing and Updating
You are entitled to see the information that we hold about you or your child and
you may ask us for a copy of such information. We may charge you a small administration
fee of ?10 for providing you with these details. If you believe that any of the
data we hold about you or your child has changed or is incorrect, please ask us
to change or update such data by contacting, the Privacy Policy Manager at info@premiermodelmanagement.com.
- Your Choice
You may choose to stop receiving communications from us at any time. To request
removal from our mailing list, to access your personal information or to ask us
to remove your personal information from our database, please send a message with
your request to the Privacy Policy Manager at
info@premiermodelmanagement.com.
- Questions and Contacting Us
If you have any comments, questions or suggestions relating to our use of your information,
the information collected or your use of the Website please contact the Privacy
Policy Manager at info@premiermodelmanagement.com.
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