TERMS AND CONDITIONS
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.
The client or any associates of the client must never make any bookings directly, or request phone numbers, address, email address of the Mumbai Dreams Personel during the campaign or at any time after the event.
For model bookings
All fee are based on an 8 to 10 hour day unless otherwise stated (excluding Equity contracts) including a 1-hour lunch break.
On the day/evening of an assignment, if you require Mumbai Dreams personnel to work out of the designated hours, you must verbally speak to Management for clarification of our overtime rates, if not already quoted.
All invoice amounts to be paid direct to Mumbai Dreams and not any other employee. 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 the 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.
All invoices to be settled within 45 days from the date of the invoice. Interest will be added at a rate of 5% per calendar month or part thereof on all overdue invoices.
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, the 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 India only 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 therefrom, either complete or in part, alone or in conjunction with any wording or drawings, other than the permitted use.
Usage (For Actors Models Post Signing Up)
(a) Profile or photos shared by the artist with Mumbai Dreams, can be used for promotional purposes.
(b) Behind the scene shot during the shoot that artist gets through Mumbai Dreams will be used for promotional purposes.
Territory (for model & actor bookings only)
All fees quoted are for India only for a 1-year period from the date of the booking unless otherwise agreed in writing.
We will be posting job requirements on a daily basis in the audition section of www.MumbaiDreams.co.in.
Tv Bookings (for model & actor bookings only)
As per Indian law.
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 a 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 a model, actor and creative bookings only)
Provisional bookings will be automatically canceled 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 a 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. The second cancellation will be charged full fee.
If a booking is canceled within one working day of the starting time, the full fee is charged unless the same model is re-booked within 24 hours In which case half the fee will be charged. If a booking is canceled outside the one-day period, but within two working days of the start time then a half fee will be charged. If a booking is canceled 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.
Fittings (for model bookings only)
The first hour of fittings will be charged at the full hourly rate, every hour thereafter will be invoiced at half the hourly rate.Or unless agreed otherwise on mutual understanding.
Travel (for model bookings only)
Travel time will be charged at 50% of the hourly travel rate plus travel expenses. Expenses will be charged at standard return rail fare.Or unless agreed otherwise on mutual understanding.
Meals (for a model and creative bookings only)
Clients are responsible for models’ meals.
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 to be shown within India, for which repeat fees are payable.
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 the 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. All fees to be paid within 30 days of invoice.
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 experiential work of Commercials
Models will not sign a release form and the photographer or client must not use photographs from a 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.
Logo of Brand for which the casting has been done successfully can be used for the promotional purpose, weather it comes directly from the brand, production house or any other brand coordinator.
Logo of brand will not be used in any ways that will hamper or cause any kind of demining to the brand.
PR / Press Call Photoshoots
All photographs taken on PR shoots can only be used for press use by way of PR. They cannot be used in any commercial advertisement on behalf of the client concerned. Usage rates and endorsement fees will be charged should this occur. A query on this should be confirmed before the photo takes place. Rates on these jobs are for PR use only.
Mumbai Dreams 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. We 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 Mumbai Dreams 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 ensure against any loss which might result if the model does not keep a booking because of ill health or some other reason.
1. If models agree to the work attained from Mumbai Dreams, for the term of the agreement, Model hereby appoints and engages Agency to act as Model’s exclusive personal manager in the fields of modeling, advertising, and entertainment (hereinafter referred to as the “Fields”).
During the term hereof, Agency shall advise and counsel Model in the selection or consideration of career opportunities, photographers, advertisers, and the selection or creation of vehicles for Model’s talents. Agency shall further advise and counsel the Model in any and all matters pertaining to publicity, public relations, advertising, talents of Model, and shall advise and counsel the Model to the Fields, and will advise Model on composites (comp cards), and the formation of the portfolio.
2. Model agrees to seek Agency’s counsel in regard to all matters concerning Model’s endeavors in the Fields. The model shall advise Agency of all offers of employment submitted to Model and will refer all inquiries concerning Model’s services to Agency.
3. Agency is hereby granted the exclusive right to use, edit, and distribute and allow or license others to make use of and distribute Model’s name, portrait and pictures uploaded to www.MumbaiDreams.co.in in connection with the advertising and/or publicity of the Model in the Fields and in connection with the matters covered by this agreement. All pictures uploaded to www.MumbaiDreams.co.in will become the property of our company.
4. Model agrees to provide Agency with current photographs, comp cards, and tear sheets/advertising, written or other related material for promotional use of Agency and Model.
5. It is understood and agreed that Model is in business for himself/herself and is solely responsible for payment of any and all taxes, whether income or otherwise.
6. Model is aware that Agency is entitled to receive a service charge from all of the clients who utilize Model’s services. Model and Agency agree that this service charge will not affect Model’s reimbursement.
7. Model agrees to conduct himself/herself with propriety and dignity and to do nothing on an engagement or otherwise that may tend to injure the reputation and goodwill of Agency. The model further agrees to abide by all standard rules and policies of Agency with regard to behaviour on the day of shoot or event. Any kind of misconduct by model can lead to deduction or confiscation of models remuneration, as agency won’t bare any charge for misconduct from Casting Fee to be paid by Client.
8. Mumbai Dreams is not an employer of the model. Model is considered a consultant and works only per job basis with us and is required to provide their own safety with modeling jobs. We are not responsible for bodily harm or financial burden due to any jobs, meetings, queries etc. received by models through www.Mumbai Dreams.co.in.
9. This covenant sets forth the entire agreement between the parties. Should any provision(s) of this agreement be held to be void or not enforceable, such provisions shall be deemed omitted and this agreement with such provision omitted shall remain in full force and effect. We have the right to modify these terms and agreements as and when it feels.
10. This agreement shall be binding upon both parties hereto, their heirs, successors, assigns, etc.
Portfolio Shoot (Only Applicable to those taking Services from Mumbai Dreams)
Mumbai Dreams will arrange photo shoot for client as per clients and studio availability, any day from the invoice date.
Payment terms- CLIENT shall make 50% of total payment for the booking date of shoot and time (In case of emergency client can change the date and time 4 days prior booking date and Mumbai Dreams can change the shoot date anytime for valid reasons) and client shall pay balance 50% of total amount two days prior to shoot (In case of emergency balance should be handover it to Mumbai Dreams Talent Manager on the day of shoot before shoot begins). In the event the client fails to remit payments as specified by Mumbai Dreams have the right to terminate this agreement without further obligation, retain any monies already paid.
Co-operation and punctuality are essential to accomplish the goal. CLIENT shall arrive at location 30 min before the schedule time. In event client does not arrive at schedule time and complete the shoot at schedule end time. All additional time cost (including but not limited to Photographer fees, studio rent, costumes rent) beyond the schedule end time will be billed to CLIENT.
Mumbai Dreams team will hand over softcopies of edited pictures and all raw pictures within 2-3 weeks from the date of shoot, subject to the clearance of balance payment. Mumbai Dreams will decide about total edited pictures shall be given to client as per no of changes and total fees paid by the client. Only soft copies will be provided on mail or in DVD. Hard copies of edited pictures and extra editing will be charged separately.
The appointment of photographer and location selection is in sole discretion of Mumbai Dreams.
The amount CLIENT is paying is totally a non-refundable amount in whatsoever circumstances.
The amount being paid to Mumbai Dreams by the client is for the Portfolio shoot only and not for any other services provided or any other assignments by Mumbai Dreams.
CLIENT (guardian) hereby agrees to grant Mumbai Dreams and its affiliates all the rights (including intellectual property rights and others rights created by law) and a non-exclusive, royalty free, irrevocable license to use the portfolio photos in our company’s advertising, marketing, promotions, promotions activities, literature, websites, or any other purpose whatsoever, or in any other media.
CLIENT (guardian) agrees Mumbai Dreams shall not be liable for any loss suffered to studio on account of act of the client. CLIENT /guardian shall bear all the lost suffer or incurred by studio(s) owner on account of their act.
Any charges payable under this agreement are inclusive of any applicable taxes ,duties, tariff surcharges or other amounts assessed by state government / central government /or any other local authorized body.
If the shoot is cancelled or if there is breach of terms by the client the amount paid is non-refundable. The client shall also be liable for payment of any monetary loss incurred by Mumbai Dreams due to cancellation, rescheduled, or breach of term by the CLIENT.
Mumbai Dreams shall not be liable for insurance covers or to the harm cause to client during shoot.
Mumbai Dreams shall not be responsible for client travel expenses during shoot and for costume trial(if required).
Auditions & Registration: Mumbai Dreams posts audition update on daily basics on a website that is accessible by the client.
Mumbai Dreams provide online and offline promotion services exclusively for clients who request and shall be charged separately (excluded from portfolio fees)
Mumbai Dreams does not guarantee that the client would get an assignment after making a portfolio from Mumbai Dreams or anyone else referred by Mumbai Dreams
Mumbai Dreams is only for portfolio service, we do not charge for registration or commission from artists for providing casting, and we do not guarantee any assignment against the amount paid for the portfolio service.
If any of the above terms and conditions have not been adhered to, Mumbai Dreams does 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.