Clients are requested to carefully read the following terms and conditions which must be strictly adhered to at all times. We request that you read our business terms prior to calling the agency for a quotation. Please note that the following is standard practice with all our clients. We would expect standard agency rules to apply to each booking undertaken with Capture Models.
The client or any associates of the client must never make any bookings directly with Capture Models personnel during the campaign or at any time after the event.
The client or any associates of the client must never approach Capture Models’s personnel direct. The client must never request Capture Models personnel telephone numbers, address or email address during the campaign or at any time after the event. Or indeed supply the Capture Models personnel with their contact telephone number, address or email address. The client must not befriend Capture Models personnel on social networking sites.
Fees and prices are not to be discussed with Capture Models personnel.
– For model bookings
All fees are based on an 8 hour day unless otherwise stated (excluding Equity contracts) including a 1-hour lunch break.
Models may be booked for a full day, a half-day or hourly. Extra half hours or parts of hours shall be paid at half the hourly rate. Expenses will be added where appropriate.
– For promotion personnel
Each assignment will be quoted individually, depending on length of assignment and duties required. Please check with agency for rates.
All invoice amounts to be paid direct to Capture Models Agency and not Capture Models personnel. In all cases the client responsible for commissioning the work will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. Where payment for title to a models photographic image, reproduction, drawing or any adaptation thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT.
New clients to the agency will be required to pay the initial invoice prior to the commencement of the booking.
USAGE (for model bookings only)
Unless otherwise agreed, in writing, the permitted use for photographs is for editorial, or press advertising and EXCLUDES posters, packaging, display material (i.e. showcards, point of sale, swing tickets etc.), CD, video and DVD covers and stills in commercials. An additional rate is payable for each of the above categories. The client is responsible for negotiating the additional fees for each of these categories before use can commence.
(a) It is not permitted to use the photographs for any purpose until all fees have been paid.
(b) Unless otherwise agreed, in writing, the additional fees will be for a period of 1 year from the date of booking. Rates for all foreign usages must be separately negotiated.
(c) An additional rate is payable for any other use of the photographs, or reproductions or adaptations thereof, or drawings there from, either complete or in part, alone or in conjunction with any wording or drawings, other than the permitted use.
TERRITORY (for model & actor bookings only)
All fees quoted are for a 1-year period from the date of the booking unless otherwise agreed in writing.
VIDEOS (for model & actor bookings only)
For all videos a daily rate will apply with a possible buy-out fee dependent upon usage.
LOCATION BOOKINGS (for model, actor and creative bookings only)
At the time of the booking the client must provide details regarding transport available and/or overnight stays. In some cases a fee will be charged for an overnight stay if it prevents a model from working on the day he/she has to travel.
PROVISIONAL BOOKINGS (for model actor and creative bookings only)
Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed. The agency will, of course, always give the client first option to confirm the booking before taking any other booking.
WEATHER PERMITTING BOOKINGS (for model actor and creative bookings only)
At the first cancellation a half fee will be charged, unless the client fails to cancel in time to prevent the models attendance, in which case the full fee applies. Second cancellation will be charged at full fee.
If a booking is cancelled within one working day of the starting time, full fee is charged unless the same model is re-booked within 24 hours. In this case half the fee will be charged. If a booking is cancelled outside the one-day period, but within two working days of the start time then a half fee will be charged. If a trip or long booking is cancelled within a period equal to the length of the booking, then the full fee will be charged. Should a booking be cancelled due to illness or other reasons beyond the models or agents control (and providing that appropriate evidence is produced) neither the model nor the agent shall be responsible for cancellation charges.
MEALS (for model and creative bookings only)
Clients are responsible for models’ meals on all bookings outside the Barcelona area.
Payment of the agreed fee confers the right to make use of models’ 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 negotiated at the time of the booking before use can commence.
An Agency supplement is chargeable on all models and usage fees, except work which is related to commercials, for which repeat fees are payable
RESTRICTIONS ON A MODEL
A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. It is the client’s responsibility to check whether conflicting work has ever been undertaken. It must be understood that if a model advertises a product he/she is able to work for a competitor unless an exclusion fee is negotiated.
TEST AND EXPERIMENTAL WORK FOR PHOTOGRAPHY OR COMMERCIALS
Models will not sign a release form and the photographer or client must not use photographs from test or experimental shoots or test commercials, unless specific usages and fees have been agreed with the agency prior to the use commencing.
Any complaints should be reported to the Agency DURING THE COURSE OF THE BOOKINGS. Complaints will not be considered in retrospect.
CARE & SAFETY
The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client;
ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
ensuring that the services are delivered and the model is treated in accordance with The Association of Model Agents’ Code of Practice; and
providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
Capture Models does have the right to cancel a job at any point if the nature of the booking is considered not appropriate. If the booking has already commenced and we then consider the nature of the booking inappropriate, Capture Models do have the right to stop working and will be entitled to full booking payment for the model plus travel expenses.
All clients must have appropriate Health and Safety regulations in place and inform Capture Models personnel of these on arrival to your premises or location of booking.
The client is responsible for the models health and safety when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model.
The agent is not responsible if the model fails to attend the booking. 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
If any of the above terms and conditions is not adhered to, Capture Models do have the right in this instance to take legal action, to recover the applicable loss. We reserve the right to Negotiate within the structure of these terms and conditions.
The Terms and Conditions are without prejudice to any claim against the client.
Who is the controller for the processing of your personal data?
The personal data that you have provided us with in this and other communications maintained with you will be included in the Registries of Processing Activities of Capture Models with address in Barcelona, Spain and e-mail email@example.com.
What personal data do we collect?
The personal data that the user may provide:
- Name, address and born date.
- Telephone number and email address.
- Payments and deliveries information.
- IP address, date and time in which you access to our services, browser and data about the operating system of your device.
- Any other information or data that you decide to share with us.
Most of the personal information we process is provided to us directly by you. In some cases, it is obligatory to fill in a form to access certain services. Not providing the personal data requested or not accepting this data protection policy means the impossibility of navigating the website.
Who is responsible for the accuracy and veracity of the data provided?
Capture Models, is not liable for the accuracy of the data provided by their users. It is user’s liability to guarantee, in any case, the accuracy and authenticity of the personal data provided. The user agrees to provide complete and correct information. Capture Models is exonerated from any liability in this respect and therefore does not assume any responsibility with regard to hypothetical damages that may arise from the use of said information.
Capture Models is only responsible for the veracity of its own elaboration information. Capture Models reserves the right
to update, modify or eliminate the information contained in its web pages and may even limit or deny access to said information. Capture Models is exonerated from any responsibility for any damage or harm that the user may suffer as a result of errors, defects or omissions in the information provided by Capture Models, provided that this comes from sources outside or publics the company.
What is the lawful basis for the processing of your data?
The processing of your data can be based on the following legal bases:
- Express consent of the data subject. The user is informed of the possibility of withdrawing consent in the event that it has been granted for a specific purpose, without affecting the legality of the processing based on consent prior to withdrawal.
- Execution of a contract or application of pre-contractual measures.
- Legitimate interest for data processing.
- Compliance with legal obligations.
What rights do you have and how can you exercise them?#
Under data protection law, you have rights we need to make you aware of. You may address your communications and exercise your rights by written communication to the following email: firstname.lastname@example.org.
Under the provisions of data protection regulations you can apply:
- Right of access: You can ask for information of those personal data that we have about you. You have the right to ask us for copies of your personal information.
- Right to rectification: You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. You can communicate any change in your personal data.
- Right to erasure: You can request the deletion after blocking personal data.
- Right to restriction of processing: You have the right to ask us to restrict the processing of your information in certain circumstances.
- Right to object to processing: You can withdraw your consent to the processing of your data, opposing further processing.
- Right to portability: In some cases, you can request a copy of the personal data in a structured format, commonly used and machine-readable for transmission to another data controller.
- The right not to be the subject of individualised decisions: You may request that decisions not be taken which are based solely on automated processing, including profiling, which produces legal effects or significantly affects the data subject.
- In some cases, the request may be refused if you request that data necessary for the fulfillment of legal obligations be deleted. Also, if you have a complaint about the processing of data you can submit a complaint to the data protection authority.
Why do we process your data?
Depending on the purposes we will need to process some data or others, which in general will be, depending on the case, the following:
- Manage orders or hire any of our services, either online or in the physical stores.
- Manage the sending of the information requested.
- Develop commercial actions and carry out the maintenance and management of the relationship with the user, as well as the management of the services offered through the website and the information tasks, being able to carry out automatic evaluations, obtaining profiles and customer segmentation tasks in order to personalize the treatment according to their characteristics and needs and improve the customer’s online experience.
- Develop and manage contests, raffles or other promotional activities that may be organized.
- In some cases it will be necessary to provide information to Authorities or third companies for auditing purposes, as well as to handle personal data of invoices, contracts and documents to respond to customer or Public Administration complaints
How long do we keep your personal data for?
The processing of the data for the purposes described will be maintained for the time necessary to meet the purpose of their collection, as well as for compliance with legal obligations arising from the processing of data. Without prejudice to the fact that conservation is necessary for the formulation, exercise or defense of potential claims and/or whenever permitted by applicable legislation.
Capture Models undertakes to cease the processing of personal data at the end of the storage period and to block them in our databases.
To which recipients is your data communicated?
In general, Capture Models will not transfer personal data to third parties, except in those situations where such data may be transferred to other collaborators who provide services to Capture Models, for the purpose of managing the provision of these services. Likewise, any transfer, will be informed to the data subject through the consent clauses established by data protection regulations.
Capture Models ensures the security of personal data when it is sent outside the company, and ensures that third party service providers respect confidentiality and have appropriate measures in place to protect personal data. Such third parties have an obligation to ensure that the information is treated in accordance with data privacy regulations. In some cases, the law may require that personal data be disclosed to public bodies or other parties, only as strictly necessary for the fulfillment of such legal obligations.
Updates to this Notice Capture Models keeps its privacy notice under regular review to make sure it is up to date and accurate.