Talent Representation Terms & Conditions Agreement between SHAMS (The Adrenaline Studio L.L.C - FZ  & the Model/Talent →

Model TERMS & CONDITIONS

SUMMARY OF THE TERMS AND CONDITIONS

  • Please read the following terms and conditions carefully. By using the Website and the Agency (and by extension working with the Agency/Agent in any way, via this website/email/over the phone/in person), you automatically agree to the terms and conditions listed below. In case you disagree with these terms and conditions, please do not use this Website/Agency in any way. This Website/Agency is only for adults; if you are underage, you are forbidden from using this website or any of our services without the consent of an adult. By using this Website/Agency, you agree that you will be automatically bound and such interactions constitute an Agreement between You and the Website/Agency.

  • 1.1: “Agency”, “Agent” & “Us” mean SHAMS (The Adrenaline Studio L.L.C-FZ) located at Business Center 1, M Floor, the Meydan Hotel, Nad Al Sheba, Dubai, U.A.E

  • 1.1.1: “Assignment” means any work of any description which the model obtains directly or indirectly through SHAMS (The Adrenaline Studio L.L.C-FZ).

  • 1.1.2: “Booking” means a client’s contract and use of the Agency to contract a Model as specified in the agreement.

  • 1.1.3: “Client” means any person or organization that contracts the Agency/Agent for the services covered under these terms.

  • 1.1.4: “Fee” means amount payable by the Client to the Agency for services covered under these terms.

  • 1.1.5: “Image” means photographs, video, film or drawings of the Model/Talent that are taken at a Booking, or any reproductions or adaptations of any of them (whether digital or analogue) either in whole or in part, alone or in combination with any words or other images.

  • 1.1.6: “Rates” means Scales, tables or agreed term of payment of fees notified by the client

  • 1.1.7: “Talent” or “Model” means any third-party persons, often models, that the Agent presents and hires out to the Client for the services covered by these terms.

  • 1.1.8: “Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions provided in writing by the Agent.

  • 1.1.9: “Website” means www.shamsagency.com 

  • 1.1.10: “Working Day” means the working day is a contracted 8 hours between 09:00 hours and 18:00 hours and includes an hour lunch break.

1. iNTERPRETATION

  • 2.1: The Model must fulfil all assignments they accept through the Agency, and shall be liable for all losses suffered by the Agency for failure to fulfil their assignments. (For example - Not turning up to a shoot)

  • 2.2: All communications between the Model and the Agency’s Clients shall be through the Agency or by the knowledge and written consent of the Agency. 

2. BOOKINGS

  •  3.1: The Agency offers verbal (over the phone) or written contractual assignments to the Model and the Model shall be bound by the contract once accepted. The Agency shall supply “best of knowledge” assignment details of this contract by email including time, date, place, wardrobe, restrictions, working hours, client fee, model fees, proposed additional fees, etc. Each contract applies to any one offer only. Each contract cannot be applied to any other offers past or present.

  • 3:2: Each contract will quote the individual Model fees and the Client fee for hiring each individual Model for completing the contract in full. The model can request a copy of the contract at any time via email.

  • 3.3: The Agency reserves the right to negotiate any post assignment disputes by any party on behalf of the Model or Client. The Agency’s decision shall be final.

  • 3.4: The Model gives the Agency permission in their absence to enter into contracts with the client on their behalf-please note that this applies to when an initial contract has been put in place between the Agency and the Model.

3. ASSIGNMENT CONTRACT

4. AVAILABILITY

  • 4.1: The Model must give 7 working days’ notice to the Agency to withdraw from an assignment, which has been booked by a Client.

  • 4.2: It is the Models’ responsibility to be available for the duration of the assignment, at the location for the assignment and at the time booked.

  • 4.3: If a model fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the model shall be liable to pay for costs or losses incurred.

  • 5.1: Agency shall invoice the Client on the Model’s behalf. The Model gives the Agency the authority to receive any money on behalf of the Model.

  • 5.2: The Agency shall make payments to the Model within 1 to 10 working days of receipt of payment from the Client (will be more in case of unforeseen or unavoidable circumstances including but not limited to payment delays by the Client and sicknesses).

  • 5.3: The Agency may in its sole discretion make an advance payment to the Model. A negotiated further 5% will be deducted from the total fees for this service. The Agency reserves the right to recover from the Model any advance payment made.

  • 5.4: Where Talent/model is booked for a fashion show, payment of the Fee entitles the Client to the Services on the catwalk/stage/entertainment area for the specified show and to use the Images of the specified show on the basis that all such Images are for reporting purposes only.

  • 5.5: The Model is self-employed and personally responsible for the payment of income tax, Insurance contributions and other statutory deductions and where appropriate value added tax. The Agency will not be reliable for any Model’s failure to complete any of the above mentioned. (All VAT registered Models are responsible for sending in VAT invoices within 30 days of all assignments.)

5. PAYMENT AND INVOICING

  • 6.1: The Agency will communicate with the Model on the rates of each assignment. However, the Agency shall not be liable for change of rates by the Client. Any changes shall be communicated. The Model gives the Agency the right to re-negotiate with the Client any necessary variations in the rate of payment without any liability to the Model whatsoever.

6. RATES

  • 7.1: The Agency shall not be liable or responsible for any loss costs claims or proceedings incurred by a Model to either persons or property at any time while working, travelling to or from or in connection with any assignment whatsoever.

  • 7.2: The Agency is not liable for any costs claims proceedings or losses due to the cancellation of an assignment.

7. LIABILITY

8. PERFORMANCE

  • 8.1: It is the model’s responsibility:

  • a: To ensure that the assignment is fulfilled to the client’s order and satisfaction.

  • b: To be punctual for an assignment.

  • c: To ensure that the model possesses the specified wardrobe and accessories.

  • d: To ensure that the model fulfils the assignment as specified in the contract and accept any costs resulting from any deviation of the contract.

  • 8.2: The model will not bring the Agency into disrepute and will be a professional representative of the Agency at all times.

  • 8.3: Featured model. Defined by (a) be required to act individually in a medium shot, or more closely, or (b) possible individual direction, or (c) a direct relationship to perform with a visual featured model, or (d) possible visibility and recognizable in a crowd or individual scenes, or (e) appear in a vignette either individually or with others.

  • 9.1: The Model understands and acknowledges that they shall not communicate with the clients, arrange any private Bookings with the client or offer any services covered by these terms with the clients without the Agency’s knowledge or written consent, arrange any private. The Agency may, upon learning of any breach of this Clause, terminate or cancel the Model’s contract without notice. 

  • 9.2: Any model who accepts an assignment from a Client introduced to the model by the Agency shall be liable to pay the Agency 50% of the fee, which the Model receives.

9. exclusivity

  • 10.1: The Agency shall at its discretion invite models to participate in promotional activities for the Agency. The Agency will at their discretion produce/reproduce model prints, website, social media/model’s webpages, and advertising purposes for the Agency from any content created by Shams (TheAgency). The model will bear no costs for this service. The model/talent agrees that any promotional material content created by Shams (The Agency) shall not be used to promote any other Modelling Agency or any other kind of Talent Agency.  

10. promotional material

  • 11.1: All images and details reproduced in association with the Agency are supplied by the individual Model and/or their associates and with the full permission and consent of the individual model/associates. The Agency cannot be held responsible for any loss howsoever caused by the model misrepresenting themselves in any way.

  • 11.2: The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with the Agency. The Agency cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the model/associates by the Agency.

11. reproduction rights

12. details of contract

  • 12.1: The Agency will hold the details of each contract on computer hard disc. At any time the Model can request a print, or see these details. These details will be available for 1 year after the initial date of the contract. The model is liable to collect and sign for a print of these details from the premises of the Agency before the model can dispute in any way these details. Failure to collect and sign will mean no dispute can be entered into.

13. termination of representation

  • 13.1: The Model’s representation by the Agency may be terminated by the Agency without notice but without unfair reason. The models/associates must resign in a written form to the Agency although a Model must fulfil all obligations in respect of an assignment accepted by the Agency or the Model is liable for costs incurred by the Agency.

  • 13.2: The Model shall issue the Agency ONE months written notice of intention to terminate/cancel their contract. 

  • 14.1: Once a Model is provisionally booked it is the models’ responsibility to contact the Agency if any circumstances change in respect of fulfilling the assignment otherwise the model will be liable for the Agency’s losses.

14. provisional bookings

  • 15.1: Upon accepting a casting through the Agency, the model agrees to fulfill the assigned task exclusively through the Agency. Any deviation from this agreement will render the model liable for any losses incurred by the Agency.

15. castings

  • 16.1: Neither party will be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party will be entitled to a reasonable extension of its obligations.

16. force majeure

  • 17.1: If any part of these Terms and Conditions or an Agreement is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision will be severed and the remainder of the provisions will continue in full force and effect as if these Terms and Conditions of that Agreement had been agreed with the invalid, illegal or unenforceable part eliminated.

17. severability

  • 18.1: We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website and the contract between the Model and the Agency updated as needed from the date of the publication of the revised terms and conditions on this Website.

18. variations

  • 20.1: These Terms and Conditions, together with other legal documents by the Company constitute the entire agreement between you (Client) and the Agency and www.shamsagency.com in relation with your use of this website.

19. ENTIRE AGREEMENT

20. GOVERNING LAW AND JURISDICTION 

  • 21.1: These Terms and Conditions and any disputes that arise out of these Terms and Conditions will be governed by the laws in force in the Emirate of Dubai. The Parties submit to the non-exclusive jurisdiction of the courts of the Emirate of Dubai.

21. CONTACT DETAILS: