TWENTY8 MODEL MANAGEMENT
TERMS & CONDITIONS
Terms & Conditions
Effective Date: 30th July 2023
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TWENTY8 MODEL MANAGEMENT LIMITED
STANDARD BOOKING TERMS AND CONDITIONS
Company No. 15011837
(“the Agency”)
These Terms and Conditions govern all bookings made through the Agency. By proceeding with a booking, the Client accepts these Terms in full. No variation shall apply unless expressly agreed in writing by the Agency. References to “Model” include any model, creative, talent or individual supplied by the Agency. References to “Client” include any photographer, brand, production company, stylist, HMUA, videographer or individual engaging the Model’s services or producing imagery on which the Model appears.
1. Formation of Agreement
1.1. The Agreement comprises these Terms together with any Booking Confirmation or contract issued by the Agency. Any instruction to proceed, attendance at a shoot, email confirmation, written acceptance or engagement of a Model constitutes acceptance of these Terms.
1.2. No terms purported to be introduced by the Client shall apply unless expressly accepted in writing by the Agency. In the event of any conflict between these Terms and a Booking Confirmation, these Terms take precedence unless the Agency agrees otherwise.
1.3. All negotiations concerning the Model, including but not limited to fees, usage, timings, contractual rights, refunds, reshoots and deliverables, must be conducted exclusively through the Agency. Any direct negotiation with the Model is invalid and unenforceable.
2. Agency Authority and Non-Circumvention
2.1. The Agency acts as the sole representative of the Model. The Client must not book, engage, contact, or attempt to contract the Model directly during or after the booking without written permission from the Agency.
2.2. Personal contact details, direct payment offers, or attempts to negotiate or alter terms with the Model are strictly prohibited. Any breach entitles the Agency to pursue damages and terminate the relationship.
2.3. The Agency may act under Power of Attorney or written authorisation on behalf of the Model, including contractual enforcement, collection of fees and the pursuit of legal remedies.
3. Confidentiality
3.1. The Client must not disclose rates, contract terms or internal Agency communications to the Model or any third party.
3.2. The Client must not circumvent the Agency by engaging the Model, or any other Agency talent, without Agency involvement.
3.3. Any breach of confidentiality is a material breach entitling the Agency to damages and contractual termination.
4. Communication Standards and Deadlines
4.1. The Client must communicate clearly, promptly and professionally at all stages of the booking.
4.2. Where the Agency sets a deadline for information such as call times, styling, location, shoot confirmation or reshoot arrangements, the Client must meet that deadline. These deadlines are necessary to accommodate the Model’s welfare, disability access needs, travel planning and other professional obligations.
4.3. Failure to confirm essential arrangements by the deadline may be treated as a failure to provide the contracted service and may entitle the Agency to cancel the booking, demand a refund or seek compensation.
4.4. If the Agency is required to repeatedly chase information that is reasonably necessary for the Model’s participation, and such chasing creates a material administrative burden or impacts the Model, the Client may be deemed to have breached the Agreement.
5. Fees, Invoicing and Payment
5.1. New Clients may be required to pay a deposit prior to the booking. Remaining fees will be invoiced after the assignment.
5.2. Payment is due within fourteen days of the invoice date unless stated otherwise. Interest of three per cent per calendar month applies to overdue sums.
5.3. Unpaid invoices may be referred to debt recovery services. All collection costs, including a surcharge of fifteen per cent plus VAT, and legal fees, are payable by the Client.
5.4. All invoices are issued in GBP. The Client is responsible for ensuring that transfers arrive net of any bank charges.
5.5. Invoice queries must be raised within five working days without delaying the due date.
6. Working Hours, Breaks and Overtime
6.1. Bookings exceeding contracted hours incur overtime at £100 per hour unless otherwise agreed.
6.2. For bookings of eight hours or more, the Model is entitled to a lunch break of at least sixty minutes, separate from rest and water breaks.
7. Cancellations by the Client
7.1. A cancellation within forty-eight hours of the call time incurs the full booking fee.
7.2. A cancellation within seven days but more than forty-eight hours before the call time incurs fifty per cent of the booking fee.
8. Cancellations by the Agency or Model
8.1. If the Model cannot attend due to severe illness, injury, bereavement, disability-related needs, travel disruption or other circumstances reasonably beyond their control, neither the Agency nor the Model is liable for consequential loss.
8.2. In the event of cancellation made by the Agency or Model, unless actioned due to Client behaviour, the Agency will return any booking deposits made by the Client to the Agency for the specific cancellation only.
9. Model Safety and Welfare
9.1. The Client must provide a safe, lawful, respectful working environment at all times.
9.2. The Client must comply fully with all safeguarding, welfare and health and safety standards. The Model must never be placed in degrading, discriminatory or unsafe circumstances.
9.3. Private changing facilities must always be provided.
9.4. If any welfare concern is raised, the Client must cooperate fully with investigations and rectify issues immediately.
9.5. Where harm arises due to the Client’s conduct or negligence, the Client is liable for all resulting loss, compensation and legal fees.
10. Artificial Intelligence and Likeness Rights
10.1. The Model retains all rights in and to their likeness, including facial and bodily characteristics, voice, gestures and identifiable attributes.
10.2. The Client must not use, analyse, replicate, manipulate or generate the Model’s likeness using artificial intelligence, machine learning, deepfake or derivative technologies without written Agency consent.
10.3. Any unauthorised use constitutes a material breach entitling the Agency to immediate legal action, compensation and injunctive relief.
11. Purpose of Test Shoots
11.1. A Test Shoot exists to produce portfolio-ready images suitable for agency submission and casting.
11.2. Images must show the Model’s face, body, proportions, expression and movement clearly and must align with the brief. The Model must remain the focal point.
11.3. Test Shoots are not fashion editorials unless expressly agreed. Images that obscure or distort the Model or prioritise concept over usability are non-compliant.
12. Deliverables and Non-Delivery
12.1. The Client must deliver the agreed number of edited images within the agreed timeframe, or if none is stated, within 3 weeks of the shoot date.
12.2. If selections are required, previews must be supplied promptly (within 1 week of the shoot unless expressly agreed otherwise) and the selected images edited accordingly.
12.3. Failure to provide edited images constitutes failure to deliver the contracted service.
13. Styling Requirements
13.1. Where styling is included, the Client must provide clothing that fits the Model appropriately and is suitable for portfolio use.
13.2. The Model is not required to supply their own wardrobe unless expressly agreed in advance.
13.3. Poorly fitted, unsuitable or unusable wardrobe constitutes non-performance of the service.
14. Reshoots and Acknowledgement of Quality Issues
14.1. If images do not meet the required standard, the Agency may request a reshoot, partial refund or full refund depending on the severity of non-compliance.
14.2. If the Client agrees to a reshoot, such agreement constitutes acknowledgement that the original shoot failed to meet the standard.
14.3. If the Client fails to organise, confirm or carry out the reshoot within the timeframe required by the Agency, the Client remains fully responsible for non-delivery of the service.
14.4. The Client waives any argument that images were not delivered because the Agency or Model did not select images. Selection does not relieve the Client of the obligation to deliver edited images or complete an agreed reshoot.
15. Refunds and Remedies for Test Shoots
15.1. A full refund is due where no edited images are delivered, where images are wholly unusable, where essential styling or service components were not provided, or where an agreed reshoot does not occur.
15.2. A partial refund may be granted where some usable imagery exists but the majority does not meet the contracted standard.
15.3. The Agency shall determine the appropriate remedy based on the extent of non-compliance.
​15.4. The burden of proof of delivery rests entirely with the Client. Delivery requires provision of the final edited images in the agreed format. Sending unedited files, previews or contact sheets does not constitute delivery.
16. Confirmation Requirements
16.1. All commercial bookings must be confirmed in writing, specifying date, call time, duration, fees, usage, styling arrangements and all relevant terms.
16.1.1 For commercial bookings, these must be received by the Agency from the Client, at least twenty-four hours before the shoot. If the shoot date is on a weekend, this must be received by the Agency by the Friday before the shoot date by 4:00PM.
16.1.2 For test shoot bookings, these must be received by the Agency from the Client, immediately upon receipt of payment. In the event of a reshoot, these must be received by the Agency from the Client, at least five days before the shoot date.
16.2. Usage rights do not commence until all fees have been paid in full.
17. Usage Restrictions
17.1. The Client may only use images within the scope of usage expressly agreed in writing.
17.2. Any extension of usage, including additional media, duration, territory or AI-related use, requires prior written approval and additional fees.
17.3. Unauthorised use entitles the Agency to recover retrospective fees, administration charges and legal remedies.
18. Termination
18.1. The Agency may terminate the Agreement where the Client breaches these Terms, fails to maintain a safe environment, or engages in conduct harmful to the Model or the Agency.
19. Liability
19.1. Nothing limits liability for fraud, negligence causing death or personal injury, or other matters that cannot be legally excluded.
19.2. The Agency’s liability is limited to the Agency fee paid for the booking.
20. Governing Law
20.1. These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the English courts.
ANNEX 1 — DEFINITIONS AND INTERPRETATION
A1.1. “Agency” means Twenty8 Model Management Limited, company number 15011837, including its directors, officers, employees and authorised representatives.
A1.2. “Client” means any individual, business, photographer, brand, production company, creative, stylist, HMUA, videographer, agency, publication or entity that books, engages, contracts or otherwise makes use of a Model’s services, imagery or likeness, regardless of whether the Client is paying or non-paying. For the avoidance of doubt, a Client includes any party providing services that result in the creation of images or content involving the Model.
A1.3. “Model” refers to any model, talent, creative or individual represented by the Agency and engaged under these Terms.
A1.4. “Booking Confirmation” refers to any written confirmation issued by the Agency, including email exchanges, written agreements, instructions to proceed or other communications that specify the nature of the booking and form part of the Agreement.
A1.5. “Agreement” means the legally binding contract comprising these Terms and any Booking Confirmation or written variation issued by the Agency.
A1.6. “Usage” refers to any use of the Model’s image, likeness, voice, footage or performance in any media, platform or format, including all AI or digital regeneration uses, and is strictly limited to what is expressly agreed in writing by the Agency.
A1.7. “Deliverables” means the images, edits, files, content or other outputs that the Client is required to supply under the terms of the booking, including previews for selection where applicable.
A1.8. “Test Shoot” means a booking primarily undertaken for the purpose of producing portfolio-standard images for the Model for agency or casting submissions. A Test Shoot is distinct from commercial or editorial bookings. The Model must remain the central focus of the imagery.
A1.9. “Commercial Booking” means any assignment for which Usage rights are purchased or commercial value is derived from the Model’s image or performance.
A1.10. “Reasonable Timeframe” means a period that would be considered reasonable in the modelling and photography industries for delivery of the agreed services, taking into account professional standards, the nature of the shoot and the Agency’s operational requirements.
A1.11. “Styling” includes all clothing, accessories, footwear, props and aesthetic direction provided for the Model for the purposes of a shoot.
A1.12. “AI Technologies” means artificial intelligence systems, machine learning, data training, deepfake, regeneration, likeness extraction or any technology capable of analysing, replicating, reproducing or generating the Model’s likeness in any form, whether real or synthetic.
A1.13. “Likeness” means the Model’s face, body, voice, mannerisms, gestures, expressions, identifiable attributes or any data representing or derived from the Model.
A1.14. “Non-Delivery” means the failure of the Client to provide edited images, required previews, usable portfolio imagery or the agreed deliverables within the timeframe required by the Agency or as required under these Terms.
A1.15. “Reshoot” refers to any additional photography day or session offered or agreed due to quality concerns, usability issues or non-compliance with the original brief.
A1.16. “Material Breach” means any breach of these Terms that significantly impacts the Model, the deliverables, the booking, or the Agency’s ability to perform its duties, including but not limited to failure to deliver images, refusal to communicate, unsafe working conditions, confidentiality breaches, unauthorised usage or misuse of likeness.
A1.17. “Good Industry Practice” means the degree of professionalism, communication, skill and care ordinarily expected from established photographers, creatives, stylists and production teams working within the modelling and fashion industries in the United Kingdom.
A1.18. “Applicable Law” means all statutes, regulations, legal obligations and industry codes relevant to modelling, photography, contract performance, data protection, usage rights, safeguarding and consumer rights in England and Wales.
A1.19. “Working Day” means any day other than a Saturday, Sunday or public holiday in England and Wales.
A1.20. “Power of Attorney” means any written, signed authorisation by which the Model grants the Agency the legal right to act on their behalf in booking, contractual, payment or dispute-related matters.
A1.21. Headings are for reference only and do not affect interpretation. Words in the singular include the plural and vice versa. References to a person include individuals, companies, partnerships and any other legal entity.