Model Terms

TERMS AND CONDITIONS FOR FRESH AGENTS TALENT

All talent should read and understand the following when joining Fresh Agents. It is also advisable to review our Client Terms, which are agreed with our clients and are in place to protect both the Talent and the Agency.

INTERPRETATION

For the purpose of this agreement, the following definitions apply:

These terms constitute an agreement between Fresh Agents Limited (the “Agency”) and you (the “Talent”) and govern all bookings undertaken by you through the Agency.

These terms shall be deemed accepted by you each time you accept a booking with Fresh Agents Limited.

For the avoidance of doubt, nothing in these terms shall render you an employee of either the Agency or the Client.

You are engaged on a self-employed basis and are solely responsible for your own tax and National Insurance contributions.

No variation or alteration of these terms shall be valid unless agreed in writing by both parties.

The Agency reserves the right to vary the terms of any booking by prior written notice.

BOOKINGS

Any booking accepted by the Talent through Fresh Agents must be fulfilled through the Agency. Any subsequent, repeat or related bookings arising from an introduction made by the Agency must also be conducted through the Agency.

The Talent agrees not to contact, accept work from, or enter into any arrangement with any Client introduced by the Agency without the Agency’s prior written consent. Any breach of this clause may result in the Talent being liable for all resulting losses, including unpaid commission. This restriction applies during the period of representation and for a reasonable period following termination where the introduction originated from the Agency.

Once a booking has been accepted, the Talent is contractually obliged to fulfil it.

The Agency will provide booking details to the best of its knowledge and will supply full job details as soon as they become available. Each booking constitutes a separate agreement.

All job details will clearly state the Talent’s fee payable (net amount to the Talent).

Provisional bookings: Where the Talent has agreed to hold/pencil a date, they must inform the Agency immediately of any change in availability.

AVAILABILITY & CANCELLATION BY TALENT

Where possible the Talent must provide a minimum of 7 working days’ notice to the Agency to withdraw from a confirmed booking.

Failure to provide sufficient notice may result in removal from the Agency’s books.

Fresh Agents reserves the right to recover any reasonable costs or losses incurred as a result of late cancellation, where appropriate.

The Talent must remain available for the full duration of the booking.

Overtime may be requested by the client at the time of the booking; however, any extension beyond the agreed booking hours is subject to the Talent’s availability and agreement. Any overtime worked must be reported to the Agency within 24 hours of the booking.

PAYMENT AND INVOICING

Fresh Agents will invoice the Client and manage all aspects of payment on behalf of the Talent.

The Talent authorises Fresh Agents to receive all payments relating to bookings on their behalf.

Payment to the Talent will only be made once:

Fresh Agents is not obliged to pay the Talent prior to receiving payment from the Client. While the Agency requests that Clients adhere to a 30 day payment term, payment timelines are dependent on the Client and may vary. The Agency will take reasonable steps to follow up on outstanding payments.

Once cleared funds have been received, payment to the Talent will be made within a reasonable period, typically within 7 working days, to allow for processing.

The Agency does not guarantee payment by the Client and shall not be liable for any unpaid fees or expenses. The Talent acknowledges that payment is contingent upon receipt of funds from the Client and accepts the associated commercial risk.

The Talent is engaged on a self-employed basis and is solely responsible for the payment of all applicable taxes and National Insurance contributions. The Agency accepts no liability for any failure by the Talent to meet these obligations.

All VAT-registered Talent must submit valid VAT invoices, including their VAT number, for compliance and payment processing.

The Agency will charge a one-off profile and onboarding fee of £49 to Talent selected to be featured on the Agency’s main model board on its website.

This fee will only apply where the Talent has been notified of the fee at the time of joining. The fee is only payable where the Talent secures a booking through the Agency and will be deducted from the Talent’s first payment.

This fee relates solely to the creation, administration and promotion of the Talent’s profile and does not guarantee work.

The Talent confirms that they are legally entitled to work in the United Kingdom on a self-employed basis and, where applicable, hold a valid visa permitting such work.

The Talent is solely responsible for maintaining the appropriate right to work and any required permissions or documentation. Fresh Agents accepts no liability for any failure by the Talent to comply with these requirements.

RATES

Fresh Agents will use reasonable efforts to secure rates that are appropriate to the booking, including any agreed usage. All rates and usage terms will be clearly outlined in correspondence prior to the Talent accepting the booking and confirmed in the job details.

While Fresh Agents will use reasonable efforts to ensure that agreed rates are honoured, it shall not be held liable for any failure by the Client to do so. Any changes to agreed rates will be communicated to the Talent as soon as reasonably practicable.

The Talent authorises Fresh Agents to negotiate rates with the Client on their behalf where necessary. The Talent will be notified of any agreed changes to the rate.

Bookings from Clients based overseas may be subject to variations due to currency fluctuations. Any such variations will be reflected in the payment received by the Talent. The Talent will be notified in advance where payment is expected to be made in a currency other than GBP, and any currency conversion will be based on the rate received by the Agency at the time of payment.

USAGE

The Talent acknowledges that the use of images and footage will be agreed between the Agency and the Client and outlined in the booking details.

Fresh Agents will use reasonable efforts to ensure that appropriate protections are agreed with Clients in relation to the use of the Talent’s image, including restrictions on the use of artificial intelligence, machine learning and synthetic or derivative content.

COMISSIONS

For all bookings (excluding Equity Contract TV commercials):

The total fee charged to the Client includes both the Talent’s fee and the Agency’s commission. Unless otherwise agreed in writing at the time of booking, the Talent will receive 66.7% and the Agency will retain 33.3% of the total fee.

VAT and any agreed expenses will be added where applicable.

For Equity Contract TV commercials, commission will be charged in accordance with Equity guidelines, currently set at 20% of the Talent’s fee.

The Talent acknowledges that where a booking results in any repeat bookings, renewals, extensions, or additional usage arising from the original introduction made by the Agency, the Agency shall remain entitled to commission on such work.

This entitlement shall continue for the duration of the commercial relationship between the Client and the Talent where it arises from the Agency’s original introduction.

The Talent shall not, without the Agency’s prior written consent, accept work directly from or enter into any arrangement with any Client introduced by the Agency for a period of 24 months following the last booking.

In the event of any such engagement, the Agency shall be entitled to recover a fee equivalent to the commission it would have received had the booking been arranged through the Agency.

LIABILITY

Fresh Agents shall not be liable for any loss, damage, costs, claims or proceedings incurred by the Talent in connection with any booking, including while travelling to or from, or during the course of, any assignment.

The Talent shall be responsible for any loss or liability arising from their breach of these terms.

CLIENT CANCELLATIONS

Fresh Agents shall not be liable for any costs, claims, proceedings or losses arising from the cancellation of a booking by a Client.

The Agency operates a cancellation policy with its Clients. Where a cancellation fee is successfully recovered from the Client, this will be paid to the Talent in accordance with the agreed terms.

PERFORMANCE

The Talent agrees:

CONFIDENTIALITY

The Talent acknowledges that, in the course of bookings, they may have access to confidential information relating to Clients or assignments.

The Talent agrees not to disclose any such information to any third party or publish any content relating to a booking, including on social media, without prior consent from the Agency or the Client.

NON-EXCLUSIVITY

The Talent is not exclusively represented by the Agency.

However, any Client introduced to the Talent by Fresh Agents shall remain a Client of the Agency. The Talent must not accept work directly from, or enter into any arrangement with, such Client without the Agency’s prior written consent and must refer all such enquiries to the Agency.

In the event of any breach of this clause, the Agency shall be entitled to recover a fee equivalent to the commission it would have received had the booking been arranged through the Agency.

REPRODUCTION RIGHTS

All images and materials supplied by the Talent to the Agency are provided with the Talent’s full permission and consent.

The Talent confirms that they hold all necessary rights, permissions and consents for the use, reproduction and distribution of such materials and that their use by the Agency will not infringe the rights of any third party.

The Talent shall be solely responsible for obtaining any required permissions or licences in respect of such materials, and Fresh Agents shall not be liable for any claims arising from their use.

The Agency shall be entitled to use such materials for the purposes of promoting the Talent and the Agency’s services across its website, and social media.

TERMINATION OF REPRESENTATION

The Talent may terminate their representation with the Agency at any time by providing written notice. The Agency will remove the Talent from its books following receipt of such notice.

The Talent must fulfil all confirmed bookings and any outstanding obligations prior to termination.

ACCEPTANCE OF TERMS

By registering with Fresh Agents and/or accepting any booking, the Talent confirms that they have read, understood, and agreed to these Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the English courts.