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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

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