Terms
and Conditions of Business for CLIENTS AND BOOKERS
1. These
Terms and Conditions of Business shall govern all assignments
relating to temporary workers entered into by AMP Agency
(a model and promotions agency fully owned by AsiaMAX
Media Limited) hereinafter called "AMP" and
a Client (hereinafter called the "Hirer")
who hires a member of the AMP workforce (hereinafter
called "Models/Staff Members") who shall be
any person introduced by AMP to the Hirer for the purpose
of carrying out any work.
2. The
hire or use of Models/Staff Members all be deemed to
constitute acceptance of these Terms and Conditions
of Business.
3. The
Hirer agrees to keep all information in reference to
pay confidential.
4. The
Hirer agrees to pay the charges of AMP as notified at
the time of booking of the Models/Staff for all hours
or parts of any hour actually worked by Models/Staff
Members. An overtime charge will be charged at
1.5 times the hourly charge for any hours or parts of
any hour between 6pm and midnight from Monday to Friday
inclusive. An alternative rate will be negotiated
between midnight and 9.00am. Any hours worked on a Saturday
shall be chargeable at the overtime charge rate of 1.5
times the hourly charge rate and any hours worked on
any Sunday or Statutory and/or Bank Holidays shall be
chargeable at double the hourly rate.
5. AMP's
charges invoiced to the Hirer are payable to AMP no
later than 30 days maximum from the date of the invoice.
AMP reserves the right to charge interest on any invoices
unpaid after such date at a rate equal to 8% above the
Bank of England base rate plus a debt collection and
administration charge of £80+VAT. Agreed fee’s
for any Models/Staff Members confirmed must be met in
full. Payment must be made by cheque made payable
to our parent company: ‘AsiaMAX Media Limited’.
6. AMP
will be responsible for all gross payments to Models/Staff
Members. Payment of all statutory contributions and
Income Tax is the responsibility of the Models/Staff
Members who is of self-employed status.
7. A representative
of AMP may accompany any Models/Staff Members involved
in any assignment secured for reference, security or
accompany ship. AMP reserves the right to extract any
Models/Staff Members from any assignments deemed as
one of the following but not limited to, improper, unsafe
or negative management.
8. Whilst
every effort is made by AMP to give satisfaction to
the Hirer by ensuring reasonable standards of skill,
integrity and reliability from Models/Staff Members
and further provide them in accordance with booking
details, no liability shall be attached to AMP for:
-
a)
any loss, expense or damage caused directly or indirectly
by any failure to provide any particular Models/Staff
Members for all or part of the period of the booking;
or
b) any loss, expense or damage caused
directly or indirectly by any act or omission whether
willful or otherwise, or for negligence of any Models/Staff
Members during the period of the assignment; or
c) any loss, expense or damage caused directly
or indirectly by any negligence or dishonesty or
misconduct or lack of skill or any act of omission
whether willful or otherwise of Models/Staff Members.
9. The
Hirer undertakes to supervise Models/Staff Members assigned
to him sufficiently to ensure the Hirers satisfaction
with reasonable standards of workmanship.
10. a)
Models/Staff Members are engaged by AMP under contracts
for service and are of self employed status. They are
under the direction, supervision and control of the
Hirer from the time the Model/Staff Member first reports
at the premises of the Hirer to take up duties and for
the duration of the assignment. The Hirer undertakes
liability for any loss, expense or damage caused directly
or indirectly by any act or omission or error of a Model/Staff
Member whether willful or negligent or otherwise, as
if the Model/Staff Member was an employee of the Hirer.
The Hirer will also comply in all respects with all
the statutes, by-laws, codes of practice and legal requirements
to which the Hirer is ordinarily subject in respect
of the Hirer’s own staff. The Hirer further undertakes
to comply with all statues, statutory regulations, by
laws, legal requirements or legal duties to which the
Hirer is or would be subject to in respect of his employees,
including in particular the provision of adequate Employer’s
and Public Liability insurance cover for the Models/Staff
Members during all assignments but excluding the matters
referred to under Clause 6 hereof. The Hirer shall also
advise AMP of any special health and safety matters
about which AMP is required to inform the Models/Staff
Members.
b)
The Hirer is liable for any injury, loss or damage
caused to a Model/Staff Member, howsoever caused,
while under the direction and control of the Hirer,
as aforesaid, as if the Hirer was the employer of
the Model/Staff Member.
c) The Hirer shall
indemnify and keep indemnified AMP against any costs,
claims or liabilities incurred by AMP arising out
of any assignment and/or as a result of any breach
of these Terms by the Hirer.
11. Unless
otherwise agreed, all Models/Staff Members are assigned
for experimental, press advertising and editorial projects
only. Express permission must be given by AMP for the
assignments Models/Staff Members for display material
(i.e. swing tickets, show cards, etc.) posters, packaging
and record covers. Additional rates and charges are
payable for these disciplines, or any other use in photographs.
Photographs may not be used for any purpose until the
relevant pre negotiated fees have been paid.
12. There
may be certain circumstances where the assignment(s)
is/are dependant on weather permitting. In the event
of cancellation due to the inclemency of the weather
the first cancellation will be charged at half fee (unless
the model/staff member arrives at the booking) the second
cancellation and thereafter will be charged at full
fee.
13. Should
the Hirer be unable to confirm provisional booking,
AMP reserves the right to cancel the provisional booking
and re-assign the Models/Staff Members to an alternative
assignment.
14. The
assignments of Models/Staff Members for TV bookings
are as per the British Actors Equity Association regulation.
15. The
normal day rates are charged to the Hirer for the assignment
of Models/Staff Members for video work - plus a negotiated
buy out.
16. Contact
details of any Models/Staff Members shall not be released
without express consent from the individual(s) concerned.
If direct communication is required then contact details
of the Client shall be provided for the individual(s)
concerned to utilise.
17. The
hirer, company, or any agencies connected with the hirer,
cannot directly hire any Models or Staff Members that
have previously been introduced by AMP.
18. The
Hirer must provide all transport details to AMP for
the assignment of Models/Staff Members for specific
Location Bookings.
19. The
hirer must provide AMP with a copy of any materials
that any Models/Staff Members appear in (Including posters,
magazines, flyers and videos).
20. Any
variation of these Terms and Conditions of Business
is respect of fees and refunds must be previously agreed
in writing by the Director of AMP to be effective.
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