Terms of Services

All clients should read these Terms of Booking very carefully before booking the Artist through AllTalent as Bookings through AllTalent are subject to these terms of Booking. Through this website we intend to provide services including but not limiting to talents, artists, hosting organized events, shows, studio location bookings etc. Note that our terms and conditions is subject to change without notice.

If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our website, please mail us your query at Info@alltalent.com


Acceptance of Terms and Conditions:

As required by the Regulations, AllTalent Booking Form must be signed and returned by the Client. For the avoidance of doubt, the Client’s continuing instructions in relation to any Booking will amount to the Client’s acceptance of these Terms of Booking.

Any amendment and/or variations made to the Booking Form shall not be valid and binding unless an authorised representative of AllTalent has agreed to such amendment and/or variation in advance and confirmed such agreement in writing on the Booking Form with the amended Booking Form then being signed by AllTalent and the Client.

The user must ensure that the details provided by him at the time of registration or at any time is correct and complete. And must inform AllTalent immediately in case of changes to the information already provided in order to communicate effectively.

AllTalent may suspend or cancel the registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.


Definations:

The following definitions and rules of interpretation in this clause apply in this agreement:

  • ‘Additional Usage’ means any further usage (in addition to the Permitted Use) granted (in consideration of extra payment to be negotiated between the Client and AllTalent to the Client, to use the Artist’s image or reproductions, or adaptations thereof for a purpose, territory and/or time limit to be negotiated and agreed between AllTalent and the Client.
  • ‘Booking’ means any services requested of the Artist by a Client in connection with any form of advertising, entertainment, leisure, marketing, public relations activities, acting, television or indeed any other medium of work that it is proposed that the Artist undertakes for any Client through AllTalent in consideration the Booking Fee.
  • ‘Booking Fee’ means the amount quoted or charged inclusive of the Commission (but exclusive of the Client Supplement) to the Client for any Booking undertaken or to be undertaken by the Artist through AllTalent. NOT REGISTRATION/LICENCE FEE.
  • ‘Booking Form’ means the form forwarded to the Client by AllTalent in relation to any Booking which contains the specific terms of each Booking.
  • ‘Event’ means any casting, recall, fitting or rehearsal which may from time to time take place.
  • ‘Client’means any third party individual, partnership, company or other organisation or entity which contracts with AllTalent in accordance with these Terms of Booking with a view to procuring the services of the Artist in respect of an Booking.
  • ‘Commission’means the percentage of the Booking Fee retained by AllTalent.
  • ‘Fees’means the sums charged to the Client in respect of any Booking undertaken by the Artist through AllTalent.
  • ‘Normal Rates’means the normal hourly, half day and full day rates (exclusive of any additional monies charged by AllTalent in consideration of the Permitted Use or Additional Use) charged by AllTalent for each Booking. These rates are available on request.
  • ‘Permitted Use’means the agreed right granted to the Client to use the Artist’s image or reproductions, or adaptations thereof for the purpose, territory and time limit agreed and confirmed by AllTalent on the Booking Form.
  • ‘Regulations’means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended.
  • ‘User’is any person using the website. Only upon successful User registration, user will be termed as a ‘Talent / Client.’
  • ‘The Artist’means any individual who is from time to time contracted to perform Bookings for Clients through ALLTALENT, to include, without limitation models, actors, promotional staff and presenters.
  • ‘The Artist Fee’means the Booking Fee less the Commission.
  • ‘AllTalent’means the model/ Artist agency trading as AllTalent.

Prevailing Terms f Bookings:

The Client acknowledges, accepts and agrees that AllTalent is the supplier of services which shall be strictly and exclusively governed by these Terms of Booking and that these Terms of Booking supersede and prevail over any other terms of the Client or their associates and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the Client whether in the Booking Form or in any negotiations and any course of dealing established between the AllTalent and the Client.

The Client acknowledges that there are no representations, statements or promises made or given by or on behalf of AllTalent outside these Terms of Booking which have induced the Client to agree to these Terms of Booking (which expression shall include any contract of which these terms and conditions form part).

Note:If there is any conflict between the Terms of Booking and the Booking Form then the terms of the Terms of Booking shall prevail without detriment to the remaining unaffected terms of the Booking Form.


Booking fees:

Booking Fees are agreed on the information provided by the Client regarding Permitted Use and duration of Booking. Booking Fees are the Permitted Use only. Any Additional Usage must be negotiated with AllTalent.

Booking Fees will be calculated by AllTalent and agreed with the Client in advance of any Booking. Booking Fees are calculated based on the Normal Rates plus (if applicable) any payment required, negotiated and agreed in consideration of the extent of the Permitted Use. Details of how the Booking Fee is to be calculated will be agreed between AllTalent and the Client prior to a Booking and set out in the Booking Form.

Overtime rates apply on all Bookings in excess of any 8 hour period. Overtime/special rates also apply to Bookings outside of the hours of 09:00 and 18:00. Overtime/special rates will be charged to the Client as follows:

1.One and a half times the Normal Rates;
2.Double the Normal Rates on Sundays and bank and public holidays;
3. One and a half times the Normal Rates on Saturdays between 09:00 and 24:00;
4. A special rate will be negotiated between AllTalent and the Client for night work between 2400 hours and 0900 hours.

Note:The overtime rates are subjected to modification.


Additional Usage fees:

Additional Usage fees must be negotiated and agreed with AllTalent prior to the Client using the images or footage of the Artist for anything other than the Permitted Use.

The Client shall pay Additional Usage fees for any Additional Usage. Such fees are to be negotiated and agreed with AllTalent in relation to any Booking that the Client has booked through AllTalent.

It is the Client’s responsibility to notify AllTalent of any proposed Additional Usage and negotiate and agree Additional Usage fees (including extensions of existing agreements) for any usage (outside of the Permitted Use) which may be required or anticipated subsequent to the time of agreeing the Booking. In the event that AllTalent is not notified of the Additional Usage by the Client and AllTalent subsequently becomes aware of the Additional Usage, AllTalent reserves the right to invoice the Client, the amount that AllTalent, at AllTalent’s sole discretion, deems reasonable and appropriate for the Additional Usage.


AllTalent fees:

For the avoidance of doubt, all Booking Fees charged for the right to use images, once agreed, are payable by the Client irrespective of whether such images are subsequently used.

All Booking Fees relating to music videos will be negotiated between AllTalent and the Client on a Booking by Booking basis. AllTalent expressly reserves the right to invoice the record company in accordance with clause 10.3. For all music videos the Normal Rates will apply plus any buy-out which may be negotiated and agreed.

All Booking Fees relating to fashion shows will confer the right to make use of an Artist’s services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be disclosed and an Additional Usage fee negotiated and agreed with AllTalent.

Any agreed expenses, VAT and any other similar or equivalent taxes or duties shall be added where appropriate to any sums payable under these Terms of Booking and shall be payable in full without set off by the Client.


Provisional bookings:

Provisional bookings are permitted by AllTalent to permit the Client to reserve the Artist. Such provisional bookings are permitted on the terms agreed with AllTalent at the time of placing the reserve on the Artist. Provisional bookings will be automatically cancelled if they are not confirmed by the Client within 24 hours of the proposed booking.


Cancellations:

Where a Booking is cancelled by the Client within a 24 hour period of the start time for the Booking, the full Booking Fee will be charged and payable to AllTalent by the Client unless the same Artist is rebooked within 24 hours of cancellation (in which case only half the booking fee will be charged and payable by the Client).

Where a Booking is cancelled by the Client outside of the 24 hour limit detailed in clause 7.1 above but within 48 hours of the start time of the Booking, then half the Booking Fee will be charged and payable by the Client.

Where a Booking of more than three day’s duration is cancelled by the Client within a period equal to the length of the Booking, then the full Booking Fee will be charged by AllTalent and payable by the Client.

Where a Booking is cancelled by AllTalent. AllTalent shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer a suitable Artist replacement and take any other steps which can reasonably be taken by AllTalent to assist the Client. Notwithstanding this, AllTalent shall be entitled to cancel a booking at any time and for any reason prior to the date of the Booking without liability to the Client.


Meals:

Clients are responsible for the provision of all meals and beverage requirements of the Artist (taking into account dietary requirements) whilst the Artist is providing services to the Client.


Invoices:

Both the Booking Fee and (where applicable) the Client Supplement will be invoiced by AllTalent.

Payment of invoices is required to be made by the Client to AllTalent within 30 days of the date of the invoice. In all cases, the person booking the Artist is the Client (who will be invoiced and is solely responsible for payment) unless otherwise agreed in writing at the time of agreeing the booking with AllTalent.

AllTalent reserves the right, at AllTalent’s discretion, to invoice the Ultimate Client. The Client and the Ultimate Client are jointly and severally liable to pay all of the Booking Fee and (where applicable) Client Supplement and settle the invoice accordingly.

All fees for the Permitted Use are for the right to use the Artist’s image and, once agreed, are payable whether or not such right is exercised.

Unless AllTalent specifically agrees otherwise, in writing (such writing not to include e-mail), no Permitted Use of the Artist's image is permitted until payment of the Booking Fee and (where applicable) Client Supplement is made in full.

AllTalent reserves the right to alter payment terms if, at AllTalents discretion, it is deemed appropriate.

If the Client fails to pay the Booking Fee and (where applicable) Client Supplement and any other amount which is payable to AllTalent in full on the due date, without prejudice to any other right or remedy of AllTalent, the amount outstanding shall bear interest both before and after any judgment at a rate (decided by AllTalent) from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued on a daily basis.


Exclusivity:

The Artist is supplied to the Client by AllTalent on a non-exclusive basis and the Artist shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the Client.

An additional fee will be negotiated and charged when the use of the Artist’s image or the service to be supplied by an Artist in relation to a product is required on an exclusive or semi-exclusive basis and precludes supplying services or allowing the use of the Artist's image for competing or a particular sector of products or within a particular territory. It is the Client's responsibility to carry out any research and check whether the Artist supplied has undertaken or is booked to undertake any conflicting work.

AllTalent, as a non-exclusive agent, is unable to warrant that the Artist has not undertaken (nor is booked to undertake) any conflicting work.


Test and experimental photography:

A photographer is not entitled to use test and experimental photographs for commercial purposes unless specific arrangements have been made before the photographic session.

A photographer who shoots Artist booked through AllTalent for test and/or experimental photography must not request that such Artist sign any release documentation or form.

All usage of any test or experimental photography must be fully disclosed to AllTalent prior to such photography taking place. The photographer/Client is not entitled to use any of the images he/she takes for purposes other than the Permitted Use. The photographer/Client agrees to restrict use of his copyright and, if the Client is not a photographer, the Client warrants that the Client will draw these Terms and Conditions to the attention of any photographer and procure his agreement to the Terms of Booking before the shoot commences.


Complaints:

Any cause for complaint should be reported to AllTalent as and when it arises. Complaints cannot be considered, or indeed remedied, in retrospect.


Artist care and safety:

The Client shall ensure that the Artist is treated with respect and professionalism. The Client warrants that it will ensure that the safety, health and well-being of the Artist is protected and maintained at any Booking:

Ensuring that the location or venue for the Booking is safe and secure and that all applicable health and safety standards, regulations, codes and laws are observed and adhered to;

Ensuring the Artist takes regular rest periods on the Booking;

Providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the Artist both oat the Booking and travelling to and from the venue or location of the Booking;

Ensuring that all of the people and organisations which are engaged by the Client in relation to the Booking are suitably qualified, experienced and professional;

Ensuring that no one imposes upon the Artist any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Artist;

Providing the Artist with an appropriate changing and dressing area to ensure that the Artist can prepare for the Booking.


Agent Obligations:

The Agent will supply the Agent’s Services. In addition, the Agent will ensure that the Talent supplies the Services as specified in the Booking Form.

The Agent will ensure that the Talent supplies the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.

The Agent will take all reasonable steps to ensure that the Talent behaves in an acceptable manner but the Client agrees that the Agent will not be held responsible for the conduct of the Talent in respect of either a Booking or any other matter that is the subject of this Agreement.


Client Warrants:

The Client warrants and represents to AllTalent that:

1. Booking Form is executed by an authorized representative of the Client;
2. Client will take all steps necessary to ensure that the Artist is protected and treated in a professional manner and in accordance with all applicable laws, good industry practice and clause 14 above;
3. Client is able to and has all necessary permits, licences and consents to enter into and to perform its obligations under these Terms of Booking and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments;
4. Client will promptly disclose to AllTalent in writing all necessary information (including without limitation the location of the Booking and length of the Booking and requirements for any foreign travel) and details relating to the provision of the services to enable AllTalent to ensure that the Artist is suitably prepared and able to perform the Booking.
5. Client agrees to co-operate with the Agent as may be required.


Intellectual property rights:

The photographer/ Client (and anyone obtaining rights from or through the photographer/Client) is not entitled to use any images for any usage beyond the Permitted Use (unless Additional Usage is agreed with AllTalent . The Client will procure that the photographer/Client agrees to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If the Client is not the photographer, the Client is to draw the Terms of Booking to the attention of the photographer and procure that such photographer agrees to be bound by the Terms of Booking.

All rights not expressly granted to the Client under these Terms of Booking are hereby reserved to AllTalent and/or the Artist as appropriate. In particular, the Client acknowledges and agrees that AllTalent is the owner or licence holder of all commercial rights, image rights and intellectual property rights relating to the Artist and AllTalent and the Client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Artist or AllTalent, other than the rights specifically granted to the Client under these terms and conditions.

The Client / Talent acknowledges that they are responsible for any Content they may submit via the website, including the legality, reliability, appropriateness, originality and copyright of any such Content. They may not upload to, distribute or otherwise publish through the Website any Content that

  • is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on Intellectual property rights, abusive, illegal or otherwise objectionable
  • may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
  • may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” They shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. They shall not upload commercial content onto the website.

Contract:

All negotiations relating to the Permitted Use, Additional Usage, Booking Fees and any other services supplied by the Artist, must be negotiated and agreed with the AllTalent.

Any agreement made directly with the Artist relating to the use of the Artist’s image, or any other services supplied by the Artist, including all fees between the photographer/Client will be invalid. If the Client/photographer or any other person on their behalf or connected with them obtains the Artist’s signature on any document or the Artist’s supported verbal agreement to anything, that is not binding on the Artist nor AllTalent unless and until it is agreed in writing (such writing not to include email) by AllTalent


Liability and insurance:

It is the Client's responsibility to arrange insurance if indemnity is required against the Artist’s inability to attend through sickness or unforeseen circumstances. The Client warrants that it will procure the necessary insurance cover to protect against any cancellation by AllTalent and/or the Artist AllTalent represents. Such cover is also to insure against and any associated liability.

It is the Client's responsibility to ensure the mode's safety when the Artist is providing services in connection with the booking

The Client is obliged to make sure that all other people engaged in connection with the booking and associated travelling are professional, properly qualified and insured. The client is responsible for the safety of the Artist. . The Client will maintain adequate insurance to underwrite its obligation to the Artist.

AllTalent shall not be liable for

  • loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
  • product recall costs
  • failure by the Artist to attend a booking for whatever reason;
  • and damage whatsoever to the Client's reputation
  • consequential, special or indirect loss or damage;even where AllTalent has been advised or forewarned of the possibility of such loss or damage
  • for any content supplied by the Client/ Talent.

Terms of Use for booking outdoor locations/ studio:

Locations for use includes and is not limited to Film Studios, Flats/ Property to shoot, lands etc will be available for rent and will be rented on hourly basis, daily basis and weekly basis.

Service tax and other government taxes inviable on film-shooting and allied activities shall be charged separately, the details of which can be asked for at the time of booking. On failure to deposit the said rentals etc., AllTalent would be with in its liberty to take such action against the hirer as it may deem fit including stoppage of shooting forcible eviction and recovery of amounts through auction of goods stored inside the studio and also induct third Hirer inside the studio and give the existing film-set on hire in which event to claim by the defaulter shall be deemed as invalid.

In the event shooting is cancelled by the producers,

  • Giving 10 days advance notice in writing, 10% charges of total reservation period,
  • Giving 5 to 10 days advance notice in writing 25% charges of total reservation period,
  • failure by the Artist to attend a booking for whatever reason;
  • Giving 5 days advance notice in writing 50% charges of total reservation period will be charged as cancellation charges.

After booking of the studios and or Out-door locations the hirer may obtain requisition slips for submission to respective departments/centres for availing of other facilities viz electricity, air conditioning, water supply, make up rooms, departmental store property and private security guards etc. It is made clear that in the event of any power failure, mechanical fault and/or other unforeseen circumstances which are beyond the control of both the hirer and AllTalent, no concession or refund in the rental and other ancillary charges would be given.

Booking for the facilities / amenities prescribed in herein would be in accordance with the terms and conditions laid down. Any property damage during shooting, damage charges will be levied extra.

The hirer is required to furnish the names and other details of the persons concerned with the films shooting to AllTalent. Unregistered and or unauthorized persons are not allowed in the premises.

Use of kerosene, diesel, petrol, other chemicals, explosive blasting crackers and other inflammable materials etc. is highly objectionable and not permitted inside and/or outside the premises and/or locations.

Wearing of safety belts/helmets and other safety gear as required under relevant acts is compulsory on the film sets and studios hired by the producer. If the workers or other person are found to be without safety gears then the hirer shall be solely held responsible and dealt with in accordance with law and no claim arising out of such accidental mishap will be entertained by the Corporation.

At your shooting site, hirer shall have dustbin wherein all the trash could be collected instead people littering the surrounding. It will be necessary to keep the shooting site clean. Else it will result in penalties fixed by the AllTalent from time to time.


Force Majeure:

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.


Severance:

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.


Waiver:

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions or an Agreement will not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions or all of the Agreement.


General:

No variation to these Terms of Booking shall be binding unless agreed in writing (such writing not to include e-mail) between an authorized representative of AllTalent and the Client.

Any representations made by AllTalent or any of its employees, sub-contractors or agents concerning the business of AllTalent, its Clients or any Booking shall not be incorporated into these Terms of Booking unless confirmed by AllTalent in writing (such writing not to include e-mail).

The Client hereby confirms that he/she is not relying upon any representation and even if so, the Artist hereby waives any claim for breach of any such representation unless evidenced in writing as referred to in 20.2 above.

If any clause or provision or term of these terms of Booking shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms of Booking will not be affected and shall remain in force.

Any notice or other communication made by the Client to AllTalent shall be in writing (not to include email) and delivered by hand, post or facsimile to AllTalent’s registered office.

Nothing in this Terms of Booking shall be construed as constituting a partnership or joint venture between the parties.

No waiver by either party of any breach of these Terms of Booking shall be considered as a waiver of any other breach of the same or any other provision.

These Terms of Booking and any dispute or claim arising out of or in accordance with these Terms of Booking or the subject matter of the Terms of Booking or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Booking or its subject matter or formation (including non-contractual disputes or claims).


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