All Models must read the below Terms and Conditions and sign to confirm their understanding and agreement. These Terms and Conditions must be returned to us together with acceptance of your Offer of Representation (which forms part of these Terms and Conditions). Make a photocopy for your records.

The below Terms and Conditions are to be interpreted in accordance with the provisions set out in The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

1. Definitions
“Assignment” means any services requested by a Client in connection with any form of advertising, entertainment, leisure, marketing or public relations activities that it is proposed that the Model undertakes
“Client” means any third party individual, partnership, company or other organisation or entity which contracts with the Company with a view to procuring the services of the Model in respect of an Assignment
“Company” means Models Direct (UK) Limited, registered number 2971147
“Fees” means the sums due to you from a Client in respect of an Assignment pursuant to clause 6.1
“Model” means yourself should you accept the Company’s Offer of Representation
“Models” means any Model who has accepted an Offer of Representation from the Company
“Offer of Representation” means an offer made to a Model by the Company to represent the Model for the Term subject at all times to the Terms and Conditions below with a view to securing Assignments with Clients
“Online Publication” means the system whereby images of the Models and relevant information is placed on a secure website operated by the Company for the benefit of Clients whereby Clients have access to such Models’ images and relevant information with a view to procuring Assignments for Models
“Regulations” means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended
“Representation” means the representation provided by the Company to the Model upon acceptance of the Offer of Representation and these Terms and Conditions
“Term” means the duration of Representation as accepted by the Model (which may be for one year, two years or three years or such other period as agreed between the Model and the Company)

2. Appointment
2.1 The Company shall operate at all times as an employment agency in accordance with the Employment Agencies Act 1973 as amended
2.2 The Company will, subject to the Model’s acceptance of its Offer of Representation and these Terms and Conditions, act as the Model’s agent and provide Representation to negotiate and conclude agreements with Clients in respect of Assignments
2.3 The Model does not appoint the Company as his/her sole and exclusive agent and is free to contract, negotiate or register with any other agents
2.4 The Model does grant the Company sole authority on behalf of the Model to collect and receive all gross income arising out of any Assignment (including Fees) undertaken by the Model during the Term and also after the expiry of the Term to the extent that such gross income arises out of any Assignments negotiated by the Company during the Term

3. The Model’s Obligations
3.1 The Model shall not without the consent in writing of a duly authorised representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all of which information is to be regarded by the Model as of a strictly confidential nature
3.2 The Model warrants to the Company that he/she is entitled to accept the Company’s Offer of Representation and that there is no existing written or oral agreement with any third party which conflicts with or is contrary to or in some way inhibits the rights granted to the Company
3.3 The Model shall whenever carrying out an Assignment do so to the best of his/her skill and ability and shall act at all times in a professional and courteous manner and in the best interests of the Company (which includes attending Assignments punctually)
3.4 The Model shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Assignment is being performed
3.5 The Model shall keep the Company informed of any significant changes in his/her appearance to include (but not limited to) notification of any change of hair style/colour, weight loss/gain or addition of tattoo or any other visible feature (such as a piercing) and agrees to regularly update their pictures accordingly.
3.6 The Model undertakes to indemnify and keep fully indemnified the Company at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Company), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Model of any of the Model’s obligations, undertakings or warranties as set out within these Terms and Conditions

4. The Company’s Obligation
4.1 Subject always to the performance and strict observance by the Model of all of the Model’s obligations hereunder the Company shall use all of its reasonable endeavours to secure Assignments suitable for the Model. For the avoidance of doubt, the primary and often sole method by which the Company shall seek to secure Assignments for its Models is by use of the Online Publication
4.2 Prior to the Model’s acceptance of the Offer of Representation made to him/her, and prior to payment of the administration fee more particularly described in 7.2 below, the Model is invited and encouraged to inspect the Online Publication to ensure that he/she is fully aware of its features and attributes. The Online Publication can be accessed in limited form (for security reasons) at www.modelsdirect.com or any Model can access the full Online Publication by attending the Company’s premises (on a date and at a time agreed with an authorised representative of the Company)
4.3 The Company shall provide the Representation to the Model throughout the Term in such manner as it in its sole discretion believes is necessary in order to comply with its obligation as set out in 4.1 above

5. Notifications to the Model
5.1 The Company hereby confirms that the Company is permitted to charge the Model for the work-finding services it provides pursuant to and subject to section 26 of the Regulations, but that the only circumstances in which the Company shall do this are set out in 7.2 below. For the avoidance of doubt, the Company is not and will not charge the Model for the Representation
5.2 The Company confirms that the only type of work it will find or seek to find the Model will be an Assignment
5.3 The Company confirms, further to 4.1, that the work-finding services it shall provide will primarily consist of the use of the Online Publication but may also from time to time include other associated services (such as direct marketing to Clients or former Clients)
5.4 The Company’s authority to act on the Model’s behalf extends only to the Company’s attempts to procure Assignments for the Model and to represent the Model in order to achieve the same, but the Company has no authority to enter into Assignments with Clients on the Model’s behalf without the Model first having confirmed to the Company his/her agreement to so enter (in which case the Model has granted the Company authority to enter into a contract with the Client on his/her behalf), and the Company has no authority to enter into any other contracts with Clients or third parties on your behalf
5.5 Further to 7.2 and 8.1 below, in the event that the Model decides to terminate the Representation at any point during the Term, the Model may be entitled to a refund of such proportion of the administration fee paid by the Model to the Company in accordance with the Company’s refund policy in force from time to time (which may be changed by the Company at its sole discretion in line with fluctuations to its overheads incurred in respect of the administration fee). Copies of the current refund policy are available upon written request from the Company.

6. Payment in respect of Assignments
6.1 Further to 2.4 above, the Company will collect from the Client all gross income in respect of an Assignment. The Company will retain one third of the gross income received and the Model will receive two thirds, with the Model's proportion hereinafter being referred to as the Fees. The Company will then, pursuant to section 25 of the Regulations, send to the Model payment of the Fees by no later than the end of the second business day following the day on which the gross income was received by the Company (or if received by way of cheque made payable to the Company the day on which such cheque clears) or, if not, it shall place such sums in a designated client account and will send the Model payment of the Fees within ten days beginning with the day the gross income was received by the Company (or if received by way of cheque made payable to the Company the day on which such cheque clears).
6.2 Any Fees held by the Company are held as trustee for the Model and the Company shall honour all of the Model’s rights in respect of those Fees as set out in the Regulations.
6.3 Where an Assignment is cancelled by the Client prior to its commencement the Model will be entitled to receive the full Fees if cancelled within one working day of the intended start time (unless the Model is rebooked for an Assignment of reasonable equivalence within 24 hours in which case you will receive half the Fees), half of the Fees if cancelled within two working days of the intended start time but no Fees if cancelled earlier than that. In the event that an Assignment was due to last for more than three days you will receive the full Fees if this Assignment is cancelled within a period equal in length (including working days only) to that of the intended Assignment

7. Model’s Acknowledgment
7.1 The Model hereby acknowledges that he/she understands that he/she is not making (or being asked for) any payment to the Company in respect of the work-finding services it may provide (subject to 7.2) or in respect of the Representation given to the Model by the Company throughout the Term as set out in its Offer of Representation or at all
7.2 Further, the Model hereby acknowledges that the only payment he/she is required to make to the Company throughout the Term is an administration fee which is payable before the commencement of the Term (such payment which will not be banked by the Company until 7 days after the date these Terms and Conditions become binding). The Model acknowledges that the administration fee is a payment which is equivalent to a reasonable estimate of the cost to the Company of establishing, maintaining and operating the Online Publication (and for arranging inclusion of the Model’s profile thereon) and that such fee is charged pursuant to section 26 of the Regulations. The Model also acknowledges that the significant proportion of the costs to the Company in administering the Online Publication are incurred during year one of the Term, but that ongoing costs are incurred in subsequent years
7.3 The Model hereby acknowledges that nothing in these Terms and Conditions, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Company and the Model
7.4 The Model hereby acknowledges that, subject to 4.1 above, it is not in a position to guarantee that any Assignments will be secured, nor does the Model expect the Company to so guarantee and the Model hereby confirms that no representations have been made to him/her by the Company which have given such a guarantee
7.5 The Model confirms that he/she consents for his/her photograph(s) and/or image(s) and any relevant information submitted by the Model to the Company to be posted on the Online Publication or on any other web-site operated by the Company from time to time, and that such postings shall be made without reference to the Model

8. Termination
8.1 Without prejudice to any other remedy or right available to it the Company shall be entitled to terminate its Representation of the Model at any point during the Term with immediate effect, and to remove the Model from the Online Publication, in the event that the Model is in breach of any of his/her obligations within these Terms and Conditions
8.2 The Model shall be entitled to terminate the Representation of him/her at any point during the Term by giving one months’ notice in writing save for the condition that the Model shall be required to complete any Assignment agreed with him/her prior to notification of termination

9. General
9.1 No variation to these Terms and Conditions shall be binding unless agreed in writing between an authorised representative of the Company and the Model
9.2 Any representations made by the Company or any of its employees, sub-contractors or agents (or Models) concerning the business of the Company, its Clients or any Assignment shall not be incorporated into these Terms and Conditions unless evidenced by the Company in writing
9.3 Further to 7.4, and in addition thereto, the Model hereby confirms that he/she is not relying upon any representation and even if so hereby waives any claim for breach of such representation unless evidenced in writing as referred to in 8.2 above
9.4 If any clause or provision of these Terms and Conditions shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms and Conditions will not be affected and shall remain in force
9.5 Any notice or other communication made by the Model to the Company shall be in writing and delivered by hand, post or facsimile to the Company’s registered office.
9.6 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties
9.7 No waiver by either party of any breach of these Terms and Conditions shall be considered as a waiver of any other breach of the same or any other provision
9.8 These Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts

These Model Terms and Conditions are the intellectual copyright of Models Direct and must not be copied or reproduced other than making a single copy for your own records. © 2008

I have read and understood the Terms and Conditions set out above and agree to be bound by them.


Signed by: …………………………………………….. Date:……………………………..
(Model / parent or guardian for models under 18)


Print Name: ………………………………………….. Model name: ………………………………………
(parent or guardian for models under 18)