Terms and Conditions of 'the Agency' GLOWFLARE

GLOWFLARE Agency charges NO fees to join the agency in anyway whatsoever.

GLOWFLARE Agency is representation for Models, Dancers, Singers and/or Actors.

These are the Terms and Conditions set by GLOWFLARE Agency to all Models, Dancers, Singers and/or Actors and/or their guardians and/or their associates.

GLOWFLARE Agency reserves the right to change the Terms and Conditions, these replace any previously issued, it’s the Model, Dancer, Singer and/or Actor’s and/or their guardians and/or their associates responsibility to check these regularly on the website: www.glowflare.com/agency/termsandconditions.

These Terms and Conditions must be read, understood and signed before completing the application.

NB. All Models, Dancers, Singers and/or Actors and/or their guardians and/or their associates on submitting any images via any media or papered documents whatsoever to GLOWFLARE Agency give all reproduction rights to GLOWFLARE and in doing so lawfully accepts and abides by all the terms and conditions set and modified at any time by GLOWFLARE Agency. When signing this application you (Model, Dancer, Singer and/or Actor and/or their guardian and/or their associate) you agree to have read, understood and signed before completing the application.

The Terms and Conditions that are set by GLOWFLARE Agency shall apply to all Models, Dancers, Singers and/or Actors and/or their guardians and/or their associates immediately on submission. GLOWFLARE Agency will act as an Employment Agency on the Models, Dancers, Singers and/or Actors and/or their guardians and/or their associates’ behalf.

GLOWFLARE Agency reserves the right to remove any Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates at anytime, for not complying with these Terms and Conditions. All Models, Dancers, Singers and/or Actors and/or their guardians and/or their associates MUST give 3 Months notice for terminating any agreements with GLOWFLARE Agency. I have read and fully understand these Terms and Conditions as a contract with GLOWFLARE Agency.

1. Bookings

1.1 The assignment (client) after been accepted by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates through GLOWFLARE Agency, must then be fulfilled through GLOWFLARE Agency. The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will be liable to pay losses, in respect of the assignment.

1.2 GLOWFLARE Agency does not guarantee work.

1.3 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates are responsible for getting to and from the venue, and charges will not be made to GLOWFLARE Agency.

1.4 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates must never make or undertake any bookings directly without consent from GLOWFLARE Agency.

2. Assignment Contract

2.1 GLOWFLARE Agency will offer a contractual assignment as a conditional verbal description over the telephone, or letter. On accepting the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates is liable to fulfill this contract. This will also apply to Equity Contracts.

2.2 GLOWFLARE Agency will supply the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates the “best of knowledge” contract details via email. This will also apply to Equity Contracts.

2.3 GLOWFLARE Agency will be provided with a contract that will quote the individual Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates fees and the client fee for hiring each individual Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates for completing in full. This will also apply to Equity Contracts.

2.4 The contract will give the “best of knowledge” assignment details, such as time, date, place, wardrobe, restrictions, working hours, client fees, model fees, dancer fees, singer fees, actor fees, other fees. It will list any other information possible about the assignment. This will also apply to Equity Contracts.

2.5 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates on being emailed (time and dated franked by the email) the contract by GLOWFLARE Agency must complete the contract in full for the contracted fee otherwise the model will be liable for any losses incurred.

2.6 GLOWFLARE Agency reserves the right to negotiate any post assignment disputes by any party on behalf of the individual model and client. Any post assignment resolutions negotiated by GLOWFLARE Agency will be judged by GLOWFLARE Agency as to be fair and reasonable to all interested parties. The GLOWFLARE Agency decision is final.

3. Availability

3.1 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates must give 7 working days notice to the agency to withdraw from an assignment, which has been booked by a client. They can do this by contacting the agency via agency@glowflare.com and should do this as soon as possible.

3.2 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates shall be liable for any extra costs that have been incurred by GLOWFLARE Agency, the client or other Models, Dancers, Singers and/or Actors as a result or failure to comply with condition 3.1 of these terms and conditions.

3.3 It is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s responsibility to be available for the duration of the assignment. Failure to comply with condition 3.1 of these terms and conditions is not acceptable.

3.4 If a Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s can not attend a casting, you must inform the agency within 24 hours in receipt of the casting email that will be sent out. You can do this by email: agency@glowflare.com.

3.5 If a Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s may be liable to pay for costs or losses incurred, to the client or GLOWFALRE Agency.

4. Payments and Invoicing

4.1 GLOWFLARE Agency will invoice the client on the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s behalf.

4.2 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will be notified prior to the assignment of any contractual changes.

4.3 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates gives GLOWFLARE Agency the authority to receive any money on behalf of the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates.

4.4 GLOWFLARE Agency will normally make payment to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates of any fees properly due within ten working days of receipt of payment from the client. However under abnormal circumstances i.e. sickness, holiday’s payment may take longer than 10 working days, but no longer than 30 working days.

4.5 GLOWFLARE Agency is not obligated to pay Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s fees prior to payment by the client. The client may take an indefinite period to pay but is requested to make payment normally within 1 month of invoice.

4.6 GLOWFLARE Agency may in its sole discretion make an advance payment to the model. A negotiated further 5% will be deducted from the total Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s fees for this service. GLOWFLARE Agency reserves the right to recover from the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates any advance payment made.

4.7 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates is self employed and personally responsible for the payment of income tax, National Insurance contributions and other statutory deductions and where appropriate value added tax. GLOWFLARE Agency will not be reliable for any Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s failure to complete any of the above mentioned. All VAT registered Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates are responsible for sending in VAT invoices within 30 days of all assignments.

4.8 GLOWFLARE Agency will not be liable for any outstanding fees to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates in the event of indefinite delayed payment by the client for whatever reason.

4.9 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will invoice GLOWFLARE Agency with any necessary VAT amount on completing the contract in order to receive payment.

4.10 If the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates wishes GLOWFLARE Agency to hold onto any monies due for whatever reasons the model must confirm this undertaking in writing whether by email or letter to GLOWFLARE Agency. If the payment to be held in excess of 30 days GLOWFLARE Agency will issue a written statement to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates setting out, amounts held on the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates behalf.

4.11 Any delays in payment email should be sent to agency@glowflare.com contacting the agency on a delayed payment, and allow the agency to contact the client, to establish the correct information. The model is not to contact the client directly regarding payments or invoicing, and is to contact GLOWFLARE Agency directly.

5. Fees and Rates

5.1 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates accept the following fees that are deducted based on the contract rates.

• (A) Models 15% fees deducted to GLOWFLARE Agency.
• (B) Dancers 15% fees deducted to GLOWFLARE Agency.
• (C) Singers 15% fees deducted to GLOWFLARE Agency.
• (D) Actors 15% fees deducted to GLOWFLARE Agency.

5.2 The percentage with condition 5.1 of these terms and conditions will be deducted before payment is made to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates.

5.3 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates accept the fees with condition 5.1 are non negotiable.

5.4 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will be notified and contracted over the telephone by GLOWFLARE Agency, of the rate of payment for a particular assignment in advance of the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates acceptance of that assignment. If prior notification is not possible the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will be still informed.

5.5 GLOWFLARE Agency will not be liable if the client does not maintain the rates of a contract / payment.

5.6 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates gives GLOWFLARE Agency the right to re-negotiate with the client any necessary variations in the rate of payment without any liability to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates whatsoever.

5.7 Assignments undertaken for overseas clients may carry variations in rate due. For example, currency fluctuations and bank charges and such variations will be carried forward to the payment made to the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates.

6. Liability

GLOWFLARE Agency will not accept responsibility or accept liability for any loss costs claims or proceedings incurred by any Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates to either persons or property at any time while working, travelling to or from or in connection with any assignment whatsoever.

7. Cancellations

Glowflare Agency is not liable for any costs claims proceedings or losses due to the cancellation of an assignment.

8. Performance

8.1 It is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s responsibility to ensure that the assignment is fulfilled to the client's order and satisfaction.

8.2 It is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s responsibility to be punctual for an assignment.

8.3 It is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s responsibility to ensure the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates possess the specified wardrobe and accessories.

8.4 It is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates responsibility to ensure that the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates fulfills the assignment as specified in the contract and accept any costs resulting from any deviation of the contract.

8.5 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates shall bear any extra costs, which are incurred as a result of a breach of this clause 8.4.

8.6 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will not bring GLOWFLARE Agency into disrepute and will be a professional representative of GLOWFLARE Agency at all times, failure to comply with this clause will result in immediate dismissal.

8.7 Featured Model, Dancer, Singer and/or Actor. 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 artist, or (d) possible visibility and recognizable in a crowd or individual scenes, or (e) appear in a vignette either individually or with others.

8.8 Model upgrade. If the artist is upgraded to a featured artist, the full fees and usage fees will be negotiated.

9. Exclusivity

9.1 A Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates who accepts an assignment from a client introduced to the model by GLOWFLARE Agency shall be liable to pay GLOWFLARE Agency 15% of the fee, which the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates receives.

9.2 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates is not exclusive to this agency, but is with condition 9.1.

10. Promotional Material

10.1 GLOWFLARE Agency shall at its discretion invite Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates to participate in promotional activities for GLOWFLARE for the entire company and GLOWFLARE Agency.

10.2 GLOWFLARE Agency will at their discretion reproduce prints, website, CD-ROMs, books, head sheets or electronic transmissions (email, fax, internet, social networks, etc) from any supplied photographs or promotional material, that will be used in accordance with condition 10.1.

10.3 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates are required to sign a release form.

10.4 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates will bear no costs for this service.

11. Reproduction Rights

11.1 All images and details reproduced in association with the GLOWFLARE Agency are supplied by the individual Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates and with the full permission and consent of the individual Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates.

11.2 GLOWFLARE Agency cannot be held responsible for any loss whatsoever, caused by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates misrepresenting themselves in any way.

11.3 The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with GLOWFLARE Agency. Written documentation giving the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates permission to use photos or details need to be made in writing to GLOWFLARE Agency before acceptance.

11.4 GLOWFLARE 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, Dancer, Singer and/or Actor and/or their guardians and/or their associates by GLOWFLARE Agency.

12. Details of Contract

12.1 GLOWFLARE Agency will hold the details of each contract on a hard drive. This information is to be backed up using the Son/Father/Grandfather backup system.

12.2 At any time the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates can request a print, or see these details.

12.3 The contracts or details will be available for 1 year after the initial date of the contract.

12.4 The model is liable to collect and sign for a print of these details from the premises of GLOWFLARE Agency before the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates can dispute in any way these details. Failure to collect and sign will mean no dispute can be entered into.

12.5 These Terms and Conditions will remain a terms contract, until written termination.

13. Termination of Representation

The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s representation by GLOWFLARE Agency may be terminated by GLOWFLARE Agency without notice but without unfair reason. The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates must resign in a written form to GLOWFLARE Agency although a Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates must fulfill all obligations in respect of an assignment accepted by GLOWFLARE Agency or the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associates is liable for costs incurred by GLOWFLARE Agency. You must give, 3 months notice.

14. Provisional Bookings

Once a Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate is provisionally booked it is the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s responsibility to contact GLOWFLARE Agency if any circumstances change in respect of fulfilling the clients assignment otherwise the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s will be liable for GLOWFLARE Agency’s losses.

15. Castings

The Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s undertakes on accepting a casting through GLOWFLARE Agency to fulfill the assignment through GLOWFLARE Agency any deviation from this acceptance the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s will be liable for losses.

16. Grievances

During or after the shoot the client has the right to contact GLOWFLARE Agency with details of any grievances that they feel applicable to that Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s on that assignment. The client in their discretion may reduce the payment of fee in respect of GLOWFLARE Agency being an Employment Agency. GLOWFLARE Agency, at their discretion, can instigate legal proceedings against a non-paying client for any assignment. Both performers and GLOWFLARE Agency will deduct the incurred legal fees from any resulting payment on a proportional basis for that assignment. The proportion liable will be calculated in respect of the relative Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s fee and the GLOWFLARE Agency fee for that invoiced assignment, which is based on the percentages in clause 5.1.

17. Data Protection

17.1 Any information and data provided by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s to GLOWFLARE Agency and used by GLOWFLARE Agency directly or indirectly in the performance of this Agreement shall remain at all times the property of the GLOWFLARE Agency It shall be identified, clearly marked and recorded as such by the logo on all media and in all documentation.

17.2 In the event of termination of this Agreement GLOWFLARE Agency shall when directed to do so by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s, and instruct all its agents and sub contractors to, erase all information and data provided by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s and all copies of any part of the information and data provided by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s from the systems and magnetic data.

17.3 GLOWFLARE agency shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s data and information.

17.4 GLOWFLARE Agency agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time) - The Data Protection Act 1998.

17.5 Personal data acquired by GLOWFLARE Agency from the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s shall only be used for this Agreement with GLOWFLARE Agency. It shall NOT be disclosed without the consent of the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s.

17.6 Nothing in this Agreement shall oblige the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s to disclose any information to the Company if it is of the view that to do so would be a breach of the Data Protection Act 1998.

17.7 GLOWFLARE Agency shall indemnify the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s for any breach of the legislation in clause 17.4 above which renders the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s liable for any costs, fines, claims or expenses however arising.

17.8 In fulfilment of its obligations under Clause 17.4 GLOWFLARE Agency will have in place and will maintain at all times the Information Standards which will deal comprehensively with:

• (A) The protection of the confidentiality, integrity and security of all and any information supplied to the Company by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s.
• (B) The audit and accounting procedures in place, with the requirements of this clause.
• (C) The reliability and training of staff to ensure awareness of (and compliance with) their obligations under clause 17.4.
• (D) Any other measures and procedures to ensure that GLOWFLARE Agency obligations under the clause 4 are met.

17.9 GLOWFLARE Agency agrees to provide the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s with such information and access to its premises (upon giving reasonable notice) as the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s may reasonably require to satisfy itself that GLOWFLARE Agency is complying with the obligations referred to in this clause.

17.10 GLOWFLARE Agency agrees to make such application for a change in its notification and take such other steps as may be reasonably practicable to afford the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s access to information which is reasonably required by the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s in connection with or for any purpose connected with its rights and obligations under this Agreement.

17.11 GLOWFLARE Agency shall take all reasonable steps to ensure that all its agents, partners and sub contractors comply with the all the provisions set out above whenever they are procession the Model, Dancer, Singer and/or Actor and/or their guardians and/or their associate’s information or data as part of this Agreement.