BOOKING AGREEMENT AND
TERMS & CONDITIONS:
Agreement for Hair & Makeup Services
This is an agreement between Khandiz Joni Towill t/a Vuja De Creative of 14c St Mary’s Road, London (“the Artist”) and “the Client” as set out in the booking form below.
1. The Artist has certain skills and abilities in the field of Hair and Makeup that the Client wishes to use. The Client engages the Artist to provide Hair & Makeup Services described in Schedule 1 of this Agreement (“the Photographs”) of the subjects set out in Schedule 1 (“the Subjects”) on the basis of the terms set out in this Agreement.
2. The Photographs or Event shall be taken or take place on the date(s) set out in Schedule 1 of the Agreement and referred to as“the Shoot Date(s)”.
3. In return for the provision of the Artists’s services, the Client agrees to pay to the Artist the non-returnable amount set out in Schedule 1 within 30 (thirty) days of invoice. Cancellation may be made without further liability by written notice to the Artist via email not less than 20 (twenty) days before the first Shoot Date, provided no paid work was turned away based on the confirmation on the Shoot Dates. If any cancellation takes place less than 20 (twenty) days but more than 48 (forty-eight) hours before the first Shoot Date then 50% of the agreed fee shall be paid to the Artist by the Client. Cancellations made less than 48 (forty-eight) hours before the first Shoot date, the full Payment will be paid to the Artist. In the event that the Shoot dates have to be rescheduled due to circumstances outside of the Clients control, the Artist agrees to accommodate the Client's new Shoot dates if; the Artist is available on the new proposed dates and provided the Artist has not turned away paid work on the original Shoot Dates. In such instances, the Artist reserves the right to charge the Client a flat fee of £150 per agreed Shoot Dates. The Artist is required to provide proof of any lost bookings in order to claim the above.
4. This Agreement will start on the date of signature and will continue until the Artist has complied with the obligations set out in Schedule 1 to this Agreement.
5. The Artist will deliver the services set out in this Agreement with the care, skill and diligence required in accordance with best practice in the Artist’s industry.
6. Fees are charged as follows:
6.1. by day, where a ‘day’ is a 9-hour period (including one hour for lunch) between 7am - 4pm, 8am - 5pm or 9am and 6pm, unless agreed prior to the shoot;
6.2 an extra hour between 9am and 6pm is charged at the normal hourly rate.
6.3 the appropriate overtime rate is charged before and after the allocated call and wrap time, being one-and-a half times the hourly rate;
6.4 Sundays or Bank Holidays are charged at double the hourly rate;
6.5 Half day bookings are charged at 70% of full day rates. Any booking which is over 4.5 hours will be charged at the day rate as set out in the booking confirmation form;
6.6 Travel times exceeding one hour, that the artist incurs to or from a client’s venue, will be charged at half the hourly rate.
6.7 Any reasonable expenses incurred by the Artist in performance with this shoot will be charged to the client and will include an uplift of 10%of the total amount of the expenses. The Client will be notified in writing ahead of time should there be any additional expenses, for approval.
7. In relation to location bookings: the Client must provide transport for the Artist both to the booking location and back again unless agreed otherwise. If you fail to provide such transport then the Artist shall be entitled to re-charge the cost of the transport procured for the artist. If an artist on location is prevented from returning to London to work, half the daily fee will be charged to and payable by the Client for each day that the artist is unable to return to London to work.
8. The Artist undertakes to notify the Client as soon as is reasonably practicable if the Artist is unable to provide the services due to illness or injury. The Artist will endeavor to find a suitable replacement.
9. The Artist agrees to comply with the Client’s health and safety procedures from time to time in force if the location for the Photographs is at the Client’s premises and provided that the Client has notified the Artist of such health and safety procedures in writing prior to the date(s) when the Photographs are taken.
10. The Artist confirms that the Artist has suitable public liability insurance covering the Artist against the reasonable risks of public liability arising from the provision of the Artist’s services.
11. The Artist grants to the Client a non-exclusive, free license to utilise the Looks and/or any images taken as part of the job solely for the purposes set out in Schedule 1. All other rights in and too in all images taken as part of the job (whether or not they are part of the final Photographs) that are not defined in Schedule 1 may incur additional fees should the Client exploit the usage terms of the Photographs. The Clients acknowledges and agrees that the Artist may use the images resulting from any booking in any form whatsoever, solely in order for the Artist to promote herself in line with the service provided and in the search of future job opportunities. The Artist acknowledges and agree not to exploit the images for commercial purposes, other than as set out in the Form and this Agreement. The Client will provide the Artist with good quality digital files of the finished Photographs with any branding if it exists.
12. The Client agrees to acknowledge the Artist as author of the Hair & Makeup looks whenever the Photographs are published by the Client in any medium (unless stated in writing and agreed in advance), and shall use best efforts to acknowledge the Artist as author of the Hair & Makeup looks in the Photographs whenever the Photographs are published by any third party, in any medium.
13. Neither party to this Agreement is authorised or empowered to act as agent for the other for any purpose and will not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither will be bound by the acts or conduct of the other.
14. The relationship of the Artist to the Client will be that of an independent contractor and nothing in this Agreement will make the Artist an employee, worker, agent or partner of the Client and the Artist will not hold themselves out as such.
15. This Agreement is a contract for the provision of hair and makeup services and is not a contract of employment and accordingly, the Artist is fully responsible for any income tax national insurance or social security contributions arising from the Payment(s) made to the Artist under this Agreement.
16. The Artist will use best commercial efforts to comply with the description of the Looks set out in Schedule 1, but no particular look is guaranteed. In no event shall the Artist be liable to the Client for any amount which exceeds the Payment (whether arising in tort, including for negligence or breach of statutory duty), contract, misrepresentation, or for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses arising from the provision of the Artist’s services under this Agreement.
17. However, nothing in these terms and conditions excludes the Artist’s liability for death or personal injury arising out of the negligent provision of the Artist’s services; or for fraud or fraudulent misrepresentation.
18. Both parties agree to keep confidential all matters relating to this Agreement unless this Agreement permits otherwise.
19. Either party may assign this Agreement and/or any of its rights and obligations to any holding company, and/or subsidiary and/or associated companies, or to any successor in title, or to any entity acquiring all or substantially all of its assets
20. This Agreement is governed by the laws of England and Wales and the parties to this Agreement submit to the exclusive jurisdiction of the courts of England and Wales.