The firmFame & Fortune. (referred to in these Terms & Conditions as “Fame & Fortune” or “agency”). And Celebrity, model, artist, talent ( referred to in these Terms & Conditions as " Artist").
Once a booking has been confirmed with the ‘client’ and ‘artist’ VERBALLY, ELECTRONICALLY or in WRITING, both parties will be subject to a legally binding contract and the following non-negotiable ‘Terms and Conditions’ apply.
'Fame & Fortune' is the ‘agent’, and acts as negotiator between the ‘client’ and ‘artist’. Therefore, the ‘agent’ does not accept responsibility for non-fulfilment or breach of any such contract.
All details of the brand campaign/ brand engagements/ brand promotion activity/ event/ endorsement/ product placements/ etc.and deliverables of the artist must be specified at time of booking.
All artist booking rates are negotiated separately. Any usage fees are to be discussed with the agency at the time of booking and any unauthorised “re-usage” by you for a period exceeding the duration mentioned at the time of booking will attract penalty.
Weather Interruption- First cancellation due to weather will be at half the rate with the understanding that the model will be booked within 10 days of the weather cancellation. If the client fails to notify the agency of cancellation, and celebrity/ model arrives at a booking, the client will be billed for the full rate unless a weather date is agreed upon at time of booking.
Re-shoot- Any “re-shoot” is payable to us at 100% of the booking fee.
Usage -Photographs/ video can only be used in the manner agreed upon, which was laid forth on the confirmation of booking. Additional usage fees can be negotiated with the agency.
Insurance- The client is responsible for the artist’s safety while he/ she is at work. Clients are strongly advised to provide our artist with insurance coverage when working on local and international locations. It is the client’s responsibility to carry out a risk assessment of the location, the equipment used and the work conditions. At the time of the booking any known risks to health and safety involving the project must be discussed with Fame & Fortune.
Permits - The client is responsible for obtaining all permits associated with the project. If the client’s project does not abide by the laws of the country, state or province the artist and Fame & Fortune are not held responsible.
Travel - Travel and Preparation time, i.e.: makeup, hair and styling, will need to be paid by the client. Fittings will be at full rate. (unless separately negotiated)
Complaint -If there is a complaint that arises, the complaint must be reported to the agency during the course of the booking, so the situation can be resolved immediately. Complaints will not be dealt with after the fact, and will in no way absolve a client’s responsibility to pay full negotiated rate.
Once the booking has been confirmed with the ‘client’ and ‘artist’, ‘ Fame & Fortune' issues the ‘client’ a ‘Booking Contract’ for signature. This should be checked, signed and returned to Fame & Fortune’ within 48 hours. Upon receipt, the copy shall be filed by Fame & Fortune’.
Where necessary the ‘Booking Contract’ may be issued/reissued/ modified, in case of any back dated business deal issues/case/concern.(Only for filing/ reference purpose.)
All payments are invoiced by the agency to the client and all payments are to be made to the agency. Payments are forbidden to be made directly to the artist’s name. All bookings must be done and confirmed through email. The client is responsible for paying a commission fee for each booking and will be invoiced accordingly. The client is entirely obliged and liable to pay Fame & Fortune in advance the full amount including the service tax before the artist has fulfilled the duties as per contract. Payment is due by the client to the agency regardless of any adverse situation that the client might encounter themselves to be in with such as but not limited to bankruptcy or any inability to pay. Lastly, the use of the photographs/ content / video is prohibited by the client until payment of all fees has been made to Fame & Fortune.
If the client fails to pay the amount due, in accordance with these terms and conditions, the clients shall not be permitted to use the photographs of the end product of the services rendered by the artist. Furthermore, the client shall be responsible to pay all expenses and costs incurred in recovering any outstanding monies, including debt collection fees or Solicitor’ costs, that may arise. .
The Agency fees that is 20% + Artist fees, plus 15% service tax on the total amount are payable 100% in advance and an invoice will be sent to the client by Fame & Fortune. If a part payment is due to Fame & Fortune’ and has not been received in the specified time, Fame & Fortune reserves the right to terminate the deal without having to pay any penalty to the client. Additionally, the ‘client’ remains liable for cancellation fees as outlined in ‘Clause 6: Cancellations’.
If the complete amount is not received before the allotted time (at least 12 hours) this may be perceived as a breach of contract and free the ‘celebrity/ model/ artist’ from contractual ties. However, the ‘client’ will still be accountable to ‘Clause 6: Cancellations’ and also remain liable for paying agency fees and the cancellation fees. Failure to pay the part payment if any, the deal will automatically result in a payment of cancellation being charged to the ‘client’ by 'Fame & Fortune’.
The ‘client’ must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance/ appearance of the ‘artist’ by possessing appropriate licenses. If non-performance or a below par performance results due to venue restrictions, the ‘client’ will still be liable for the total fees
The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to 'Fame & Fortune’.
Furthermore, it is also the responsibility of the ‘client’ to ensure that the ‘artist ’ is provided with free parking facilities at the performance/ appearance venue for all vehicles associated with their act. Should no free parking be available the ‘client’ is liable for any parking charges incurred
It is also the ‘clients’ duty to ensure that the ‘artist’ is provided with adequate refreshments throughout their stay at the performance/ appearance venue. The minimum that must be made available is a free unlimited supply of mineral water and soft drinks and a hot meal or buffet for all members of the act and their party. Whilst the hot meal or buffet is negotiable for events of 3 hours duration or less, mineral water and soft drinks should always be provided.
The ‘client’ must also ensure that there is an adequate area for the ‘artist’ to change in and store equipment and / or instrument cases. The area should preferably be lockable and include chairs for the entire party and a safe source of power.
Unless given express permission, ‘artist’ equipment and instruments are not available for use by any other person.
If Fame & Fortuneor artist’ is subjected to aggressive or abusive behaviour by the ‘client’, the ‘artist’ shall be allowed to terminate the deal without notice. The ‘client’ will still be liable for the total fees.
The required elements within ‘Clause 4: Client Responsibilities’ must be provided by the ‘client’ at their own expense and if not supplied may be considered a breach of contract. Provisions outlined in ‘Clause 4: Client Responsibilities’ are negotiable between the ‘client’ and ‘artist’ via ‘Fame & Fortune’, but any modifications should be written to Fame & Fortune specifically.
The ‘artist’ will perform/ appear for the ‘client’ to their highest standard.
The fee outlined in the ‘Booking Contract’ and provided to Fame & Fortune’ by the ‘artist’ is fully inclusive and not subject to change. In addition, the ‘artist’ is not employed by Fame & Fortune’ and is therefore responsible for their own accounting and legal contributions.
The ‘artist’ shall not drink alcohol excessively before, during or after their performance. In addition, they will not use illegal drugs on the day of the event or at the venue itself in any capacity. They should be aptly attired for their performance/ appearance/ task in line with agreements made with the ‘client’ prior to the event, and they should remain courteous with the ‘client’, guests and employees of the venue. They will not act in any manner that is deemed damaging to the reputation of themselves, Fame & Fortune’, or the ‘client’.
It is the responsibility of the ‘artist’ to ensure that upon signing the ‘Booking Contract’ they are under no obligation to another party in a manner that may interfere with this booking.
Cancellations made with less than 24 hours notice will be charged to you at a full rate. If you cancel within a window between 24 to 48 hours notice a half rate will be charged to you. A Quarter Fees if cancelled earlier than that, towards the intended assignment. Saturdays, Sundays and Statutory Holidays are excluded from these calculations. The agency reserves the right to cancel confirmed bookings with any reason and at anytime, with no liabilities. And cannot be held responsible for any loss incurred by the client.
Cancellation by either party is not allowed except where ‘Clause 8: Force Majeure’ applies or where the ‘client’ and ‘artist’ mutually agree to cancel the booking (evidence must be provided in writing by both parties to Fame & Fortune’). In either event payment of the agency fees will result.
Both parties agree that in the event of a cancellation Fame & Fortune’ must be informed immediately.
Where time does not allow (that is, on the day of the event/ appearance / photo shoot/ video shoot /social media posts/ assignment) and the ‘client’ cancels the deal for what so ever reason or denies the ‘artist’, he/ she will not perform/ appear/ shoot/ post on social media/ perform the assignment or task; the full agreed fee is payable by the client to Fame & Fortune. All cancellations need to sent on email to firstname.lastname@example.org and email@example.com, immediately after a verbal communication for the same.
If the ‘artist’ has cancelled for reasons not covered in ‘Clause 8: Force Majeure’, the ‘client’ may pursue legal action. In this instance, the ‘artist’ must also pay Fame &Fortune’ the equivalent of the ‘clients’ booking deposit within 7 days as an administrative fee. Additionally, the ‘he/ she’ must also reimburse the ‘client’ for cost differences between the fee for their performance.
All ‘client’ cancellation fees must be paid to Fame & Fortune within 30 days. However, all payments made to Fame & Fortune’ are subject to service tax being added at the current standard rate.
Where cancellation fees are not paid within 30days from the date of cancellation/ or event/ appearance/ shoot date which ever is earlier, Fame & Fortune’ may take legal action. These charges together with all other charges and legal fees will be the responsibility of the defaulting party and will be legally enforceable.
Law and Jurisdiction - Any disputes relating to cancellationsshall be subject to the exclusive jurisdiction of the courts of Jamshedpur, Jharkhand.
Where it is not possible to amend the contract prior to the event (E.g. on the day itself), changes should be agreed between Fame & Fortune’ and the ‘client’.
If the ‘artist’ is requested by the client and he/she agrees to perform later than the agreed finish time specified at the time of booking , an additional surcharge will apply . The extra payment agreed should be paid to the ‘Agency’ on the day of the event.
If the timings of the event are overrunning due to no fault of the ‘artist', he/she is under no obligation to finish later than the time specified in the ‘Booking Contract’ and is still due full payment.
If an ‘artist’ has been asked and agrees to perform for longer than the time outlined in the ‘Booking Contract’ (i.e. extend a 45 minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to Fame & Fortune’ on the day of the event. However, the ‘artist’ is under no obligation to extend their performance should they not wish to.
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law.
Any party asserting Force Majeure so as to negate liability shall have the burden of proving it and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in ‘Clause 6: Cancellations’ shall be unenforceable.
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