CITIZEN AGENCY only accepts bookings that ensure models and talents are treated with respect and professionalism, and that all necessary steps are taken to ensure their safety, health and wellbeing.
For the purpose of these booking terms and conditions, ‘Agency,’ or CITIZEN AGENCY,’ refers to CITIZEN AGENCY INC. whose registered address is 1 King Street West Suite 4800-112 Toronto, Ontario, M5H1A1, CANADA.
For the purpose of these booking terms and conditions, the ‘Client’ is the individual, company, collective, etc, booking the models and talents.
All model/talent rates and fees are charged by the day or by the hour. A ‘day’ is an 8- hour period (excluding one hour for lunch) between the hours of 9am and 6pm. The appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one and a half times the hourly rate, double time after 10 consecutive hours. Statutory holidays are charged at double the hourly rate. Any booking which is over 5 hours will be charged as a day rate as set out in the booking confirmation email/memo/confirmation agreement. A 20% Agency fee will be added to the model/talents’ rates. Payments are due within 30 days. An additional fee will be charged to reimburse the model for any production related hair styling requests or when personal product is requested to be provided specifically due to the model/talents’ skin tone or hair texture.
Anytime spent by the models/talents for fittings is charged at half the applicable talent’s hourly rate.
Usage rights are limited to the terms that are agreed to and confirmed by the Agency and may not be extended without further negotiations. No right to reprint or make any other use in any other media is granted unless approved by the Agency. Additional fees are payable for the right to use the models/talents’ image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation. When the Agency agrees to allow a photographer to take test or experimental photography the photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session. The Client agrees in including a credit in the form of “model’s name” @ “the Agency”, wherever a credit is applied. Client must send a digital copy of all the models/talents’ images to the Agency within 10 days from the first usage. Client agrees that both Agency and models/talents’ are authorized to use models/talents’ images granted to the Client for the purpose of promoting models/talents’ career and Agency reputation. Client agrees and authorizes both the Agency and models/talents to post and display the images granted on their social media and internet pages.
Health and Safety:
The Client shall be solely responsible for ensuring the models/talents are treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and well being of the models/talents is protected, at all times by the Client and/or any third parties engaged by the Client in relation to the delivery of the services. Such steps shall include without limitation:
- Nude, semi-nude, see through, bathing suit or lingerie photography require the express prior written approval of the Agency. The use of the models/talents’ image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the models/talents. The image must not be altered or distorted.
- Client to provide that the venue for the provision of the services and the working conditions that has to be safe and secure and has to allow the model/talent to provide the services in compliance with all health and safety standards, regulations, codes and laws.
- Allowing model/talent to take suitable and regular rest periods, to ensure the model/talent 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/talent whilst the model/talent is delivering the services and travelling to and from the Client’s venue as if he/she were an employee of the Client.
- providing the model/talent with an appropriate changing and dressing area to ensure that the model/talent can prepare for the provision of the services and also maintains his/her privacy.
- ensuring that all of the people and organizations 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/talent any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model/talent.
- ensuring that model/talent during each parts of the work have never to be left alone with a single person (photographer or productions staff).
- provisioning of all meals and beverage requirements of the models/talents (with consideration of dietary requirements) whilst the models/talents are providing services to the Client on all bookings; alcoholic beverage are prohibited in the workplace at all times.
- providing a comfortable temperature to safeguard the model/talent health in case of nudity or semi-nudity.
Anytime spent by the talent travelling to or from a Client’s venue will be charged at half the hourly rate outside the GTA. When a location booking is confirmed, Client must provide safe and appropriate transport for the talent both to the booking location and back again unless agreed to otherwise. If the Client fails to provide such transport, then the Agency shall be entitled to re-charge the cost of transport procured for the talent in accordance with this section. When a location booking is confirmed, the Client will undertake an appropriate and prudent health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated. The Client acknowledges and agrees that at all times, the models/talents’ health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location. Direct bookings involving a Foreign Worker require at least 10 business days notice to process a Labour Market opinion. CITIZEN AGENCY does not guarantee the successful administration of Labour Market opinions or visas nor is it liable for any charges due to the cancellation of a Foreign Worker booking. Direct booking cancellations by the Client are subject to the full rate once the job has been confirmed. Any expenses incurred by the Agency or models/talents (i.e) flight, hotel, etc.) in relation to the booking must be paid within 30 days or will be subject to an additional 20% Agency fee.
Within 24 working hours of the booking call time the full booking fee will be charged and payable by the Client. Outside 24 working hours of the booking call time but within 48 working hours of the booking call time of the booking date, then half the booking fee will be charged and payable by the Client. Direct Booking cancellations are subject to full fee once the job has been confirmed. Weather permitting must be specified at time of the booking.
Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.
The Client shall indemnify the Agency and keep the Agency indemnified against all costs, expenses, damages and losses suffered or incurred by the Client (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
- any breach by the Client of these booking terms and conditions,
- any claim brought by a third party against the Agency in circumstances where, as a result of the Client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these booking terms and conditions has caused the Agency to be in breach of the terms of an exclusive agreement with such third party; and
- any breach by the Client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time.