client agreement | terms and conditions
DTLA Talent (“Agency”) will provide for you (“Client”) personnel (“Talent”) for your booking in accordance with these terms and conditions unless such be varied in writing by agreement between the parties. DTLA Talent will advise and counsel Client in the selection or consideration of Talent. It is further understood and agreed that DTLA Talent is acting as an agent only, and does not operate as an employment agency.
No job shall commence until Agency receives confirmation of Client’s agreement to the booking details and the terms and conditions stated herein.
A 50% booking deposit is required. Payment may be requested in advance for travel/accommodation expenses. Final payment is required within 30 days of invoice. In all cases the Client will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation in writing be given prior to the booking date. If the Client fails to pay the amounts due in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including all debt collection fees. A finance credit charge of 18% APR will be added to all invoices not settled within the payment terms. All payments are invoiced by DTLA Talent to the Client and will be paid to the Agency. Payments are not made nor discussed directly with the Talent.
If a booking is cancelled within three working days of the starting time the full fee will be charged. If a booking is cancelled outside of the three-day period but within five working days of the starting time, 50% of the fee will be charged. With cancellations or alterations relating to events, Clients will be required to cover all costs incurred by DTLA Talent up to the cancellation date and a Management Fee.
full and half day rates
Our half day rate covers 0-4hrs; our full day rate covers up to 8hrs. Overtime is charged after 8hrs and is agreed between the agency and client. If a booking finishes prior to the originally booked time for any reason, the talent must be paid for the hours booked as stated on the booking sheet regardless of whether the job was completed early. Overtime charges shall apply to Talent on “day rate” in which they are required to work in excess of eight (8) consecutive hours on any given day with a break for lunch. If the shoot lasts beyond the scheduled time, Client shall pay an overtime rate of 1.5 the hourly rate from 8-12 hours and 2.0 for all overtime over 12 hours, and any additional expenses thereby required. A waive of overtime fee’s over 8 hours must be approved in writing by agency representative prior to overtime otherwise overtime fee’s will apply.
Provisional bookings will automatically be cancelled if they are not confirmed within 48 hours of the proposed booking or if a definite booking is offered and the provisional booking cannot be confirmed.
“weather permitted” bookings
If a booking is “weather permitting” this must be made clear at the time of booking. At the first cancellation, half the fee is charged unless the client fails to cancel in time to prevent the models attendance, in this situation the full fee is payable. At the second cancellation the full fee is charged.
A voucher is a binding contract provided by DTLA Talent that states the Talent’s rate applicable to the particular booking that apply to the Talent and the booking time and must be signed by the Client.
purpose of the voucher: content use
All photography, filming or image captured (content) is to be used for the purpose specified in the DTLA Talent voucher submitted by the Client, which has been pre-approved by DTLA Talent. For the purpose of the voucher, content will include any media such as, but not limited to print advertising, editorial, billboards, websites (commercial or otherwise) and television must be negotiated and authorized by DTLA Talent prior to booking being confirmed and will form material obligations within the voucher. In general, the confirmed booking and usage fees cover the right to use the content for the purpose for one year from the date of the booking. It is agreed between the parties that rights provided herein are not granted to the Client until payment in full has been received and that until such time as all payments owed are made, the Client agrees that to the extent it can legally provide, DTLA Talent will own all rights that exist in the content created from the booking. Any image used without written authorization or prior approval from DTLA Talent will be deemed unauthorized use and will be subject to legal proceedings. The Client agrees that they have the absolute rights to the content created at and in relation to the booking.
To be agreed at the time of booking: Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings including electronic imaging) for all known or anticipated purposes other than the initial permitted use (e.g. for packs, swing tickets, record covers, show-cards, posters etc.) unless otherwise agreed in writing, the ‘permitted use’ cover editorial, experimental or press advertising.
exclusivity of goods or services
A special fee will be negotiated when the work is in conjunction with a product or service that precludes work for competing products or services. It is the Client's responsibility to check, at time of booking whether the Talent has previously performed any conflicting work. If the Talent advertises a product, it is agreed they are able to work for any competitor in the future unless an exclusivity fee is negotiated and received with DTLA Talent.
A photographer is not entitled to use test/experimental photographs for commercial purposes unless specific arrangements have been made in writing with the agency prior to the photographic session.
As DTLA Talent at no time is deemed to employ Talent, it is the responsibility of the Client to ensure adequate levels of Insurance (including public liability) exist to cover all Talent used at any/all locations. Travel to and from the booking locations must be included in such insurance coverage. An alternative is to include amounts paid to Talent with the Client's annual workers' compensation insurance calculations so that the Talent is then covered under the client's workers' compensation insurance policy when performing work for the Client. DTLA Talent is not required to, nor holds, any insurance for Talent (excluding public liability when Talent are physically in the DTLA Talent office).
DTLA Talent acts solely for and on behalf of the Talent and will make every endeavor to provide an above satisfactory and efficient service to the client. DTLA Talent is not responsible for a models conduct during a booking in any way and the Client agrees that DTLA Talent will not be made liable for any loss or damage to or claimed against the Client as a result of the Talent’s actions or omission. Talent agrees to conduct himself/herself with propriety and dignity, and to do nothing on an engagement or otherwise that may tend to injure the reputation and goodwill of Talent or DTLA Talent, nor to do any act or thing which impairs Talent's capacity to at all times fully comply with the terms of this agreement, or which impairs Talent's physical or mental qualities and abilities. Talent further agrees to abide by all standard rules and policies of DTLA Talent with regard to behavior on castings and bookings. DTLA Talent may, upon five (5) days notice to Talent terminate their agreement for breach of this section.
In the event that Client is not satisfied with Personnel provided by Agency, Client must notify Agency within the first 90 minutes of the event starting. If Client does not so notify Agency, Client shall be deemed to have accepted the Personnel and Agency will accept no liability in respect thereof and Client shall not be entitled to reject the Personnel or claim a discount.
Any cause for complaint should be reported back to DTLA Talent immediately. Complaints will not be considered in retrospect. Upon signing any agreements, bookings, vouchers or contracts, the Client agrees to indemnify DTLA Talent and its employees and/or agents, against any legal claims, liability and responsibility in regards to any damages arising out of, or in connection with the Talent chosen or the relationship established by the accepted agreements, bookings, vouchers or contracts, between the Client and DTLA Talent.
Agency shall not be liable for any loss suffered by Client.
restrictions on direct engagement of agency staff or subcontractors
DTLA Talent’s policy is for the Client not to solicit Talent, refer Talent to a third party or future employ Talent directly that Client was introduced to, associated with or booked through by DTLA Talent, whatsoever. If the Client does re-employ or engage Agency Personnel, Client will be liable to pay Agency a commission at its then current rates.
mixed agency bookings
In the event that models from other agencies are working on the same assignment providing the same service as models from DTLA Talent, DTLA Talent reserves the right to charge at the same rate as the other agency.
The agent is not responsible if the model fails to attend the booking. While a replacement or refund will be offered, the client is advised to insure against any loss which might result if the model does not keep a booking because of ill health or some other reason.
These terms and conditions and the contract between Agency and Client governed by these terms and conditions shall be governed by State of California and the parties agree to submit to the exclusive jurisdiction of the California Courts.
Client agrees to keep all financial issues strictly confidential and agrees to only discuss rates with the Agency.
The client is responsible for providing a meal for models on all full day bookings.