CLIENT TERMS & CONDITIONS
Issued by Arch Agency Ltd (“Arch Agency”, “we”, “us”), a company registered in England & Wales. These Terms & Conditions (“Terms”) apply to all bookings of talent represented by Arch Agency (“Talent”). By proceeding with a booking, the client (“Client”, “you”) agrees to be bound by these Terms.
1. Agreement Structure
1.1 These Terms must be read together with the Booking Confirmation, which sets out the specific details of each booking. The Booking Confirmation may be issued via email or other written communication.
1.2 Together, the Booking Confirmation and these Terms form the entire agreement between Arch Agency and the Client (“Agreement”).
1.3 Proceeding with a booking constitutes acceptance of these Terms.
1.4 Any amendments requested by the Client are not valid unless agreed in writing by Arch Agency.
1.5 If there is any conflict between these Terms and the Booking Confirmation, these Terms prevail.
2. Image Capture & Usage Rights
2.1 Image Capture
2.1.1 The Client may capture two‑dimensional (2D) still images of the Talent during the booking, strictly within the scope of the Booking Confirmation. 2.1.2 Unless expressly agreed, the Client is not permitted to capture:
-
moving images
-
video
-
3D scans
-
volumetric captures
-
motion capture
-
digital likeness extraction
2.2 Payment Condition
Usage rights are granted only after full payment of all fees. If payment is late, Arch Agency may withdraw usage permission until payment is received.
2.3 Permitted Use
The Client may use images only within the:
-
media
-
territory
-
duration
-
campaign specified in the Booking Confirmation.
Unless expressly agreed, the Client may not:
-
materially alter the image
-
superimpose outfits or digitally generate new images
-
use images for new campaigns
-
use images on packaging, POS, or OOH
-
use images in defamatory, discriminatory, or inappropriate contexts
-
create drawings, facsimiles, or AI‑generated likenesses
-
use images to train AI or machine‑learning systems
-
create avatars, digital doubles, or virtual models
2.4 Third‑Party Use
Permitted only if:
-
the third party acts under the Client’s direction
-
usage remains within the agreed scope
-
the Client remains fully liable for all third‑party use
2.5 Extending Usage
Any additional usage requires Arch Agency prior written consent and may incur additional fees.
2.6 AI, Digital Likeness & Emerging Technologies
The Client is strictly prohibited from using any Talent likeness for:
-
AI training
-
generative AI
-
deepfakes
-
virtual avatars
-
metaverse or immersive environments
-
NFTs or blockchain assets
-
machine‑learning datasets
Written consent is required for any such use.
2.7 Breach
Any breach of usage terms requires the Client to indemnify Arch Agency and the Talent for all losses, including legal costs and fees equivalent to a new booking.
3. Fees & Working Conditions
3.1 Working Hours
A standard day is 8 hours (including a 1‑hour break) between 9am–6pm. Overtime applies outside these hours.
3.2 Travel
Travel time outside central London may be charged at half the hourly rate.
3.3 Fittings
Charged at half the Talent’s hourly rate unless otherwise agreed.
3.4 Expenses
All expenses incurred on behalf of the Client will be recharged with a 12.5% handling fee.
3.5 Location Bookings
The Client must:
-
provide safe and appropriate transport
-
conduct a health & safety assessment
-
ensure safe working conditions at all times
If the Talent cannot return to London due to the Client’s arrangements, additional fees may apply.
4. Additional Fees
4.1 Additional usage fees apply for any extended or new usage. 4.2 Additional fees apply for:
-
social media posts
-
PR appearances
-
behind‑the‑scenes content (only with prior written approval) 4.3 All renewals, extensions, or modifications are at Arch Agency discretion
5. Agency Fees
5.1 Arch Agency invoices both Talent fees and agency fees. 5.2 All fees are exclusive of VAT.
6. Invoicing & Payment
6.1 Payment is due within 30 days of invoice.
6.2 Late payments incur interest at 5% above Barclays Bank base rate. 6.3 No usage is permitted until full payment is received.
7. Client Acting for Third Parties
If the Client books on behalf of an end user, the Client must:
-
identify the end user
-
ensure the end user agrees to these Terms
-
ensure payment is made within 30 days
-
ensure no usage occurs before payment
All fees received must be held on trust for Arch Agency until paid.
8. Exclusivity
Unless agreed, Talent is supplied on a non‑exclusive basis. Exclusivity fees must be negotiated separately.
9. Provisional Bookings
Provisional holds expire after 24 hours unless confirmed.
10. Cancellations & Termination
10.1 Client Cancellation
-
Within 24 hours: 100% fee
-
Within 48 hours: 50% fee
-
For bookings over 3 days: special rules apply
10.2 Arch Agency Cancellation
Arch Agency may cancel at any time without liability but will use reasonable efforts to provide notice or a replacement.
10.3 Talent Status
Talent are self‑employed and may appoint substitutes where appropriate.
10.4 Termination
Arch Agency may terminate immediately if:
-
fees remain unpaid
-
the Client breaches the Agreement
-
insolvency events occur
11. Weather‑Related Cancellations
First cancellation: 50% fee Subsequent cancellations: 100% fee
12. Meals
The Client must provide nutritious meals and beverages, considering dietary needs.
13. Talent Care, Safety & Safeguarding
The Client must ensure:
-
safe, respectful working conditions
-
compliance with health & safety law
-
appropriate breaks
-
professional conduct from all personnel
-
private changing areas
-
no dangerous, degrading, or inappropriate requests
Under‑18 Talent
For minors:
-
a parent or legal guardian must attend all bookings
-
Arch Agency does not act as a chaperone
-
no nudity, semi‑nudity, or sensitive content
-
all safeguarding rules apply
Arch Agency may withdraw Talent immediately if safety is compromised.
14. Morality & Reputation
The Client must not associate Talent or Arch Agency with:
-
illegal or immoral activity
-
discriminatory or harmful content
-
reputational damage
Arch Agency may terminate immediately if breached.
15. Warranties
The Client warrants that it:
-
has authority to enter the Agreement
-
will comply with all laws
-
will provide accurate information
-
will ensure safe working conditions
16. Indemnity
The Client indemnifies Arch Agency and the Talent against all losses arising from:
-
breach of these Terms
-
misuse of images
-
unsafe working conditions
-
reputational harm
-
legal claims from third parties
17. Fashion Shows
Catwalk usage is limited to reporting unless additional usage is agreed.
18. Music Videos & Promotional Films
Fees are negotiated case‑by‑case and typically include a shoot fee + buyout.
19. Test & Experimental Photography
Test images may not be used commercially without written consent.
20. Intellectual Property Rights
20.1 The Client must ensure photographers comply with usage restrictions. 20.2 All rights not expressly granted remain with Arch Agency and the Talent. 20.3 Arch Agency and the Talent may use images for portfolio and agency promotion unless exclusivity prevents it.
21. Insurance
The Client must maintain appropriate insurance, including:
-
public liability
-
employer’s liability
-
travel insurance (if applicable)
22. Governing Law
These Terms are governed by the laws of England & Wales. Disputes will be resolved exclusively in the courts of England & Wale