Standard Talent Booking Terms & Conditions
The following confirms the standard booking terms and conditions covering a buying entity’s (“Client’s”) engagement of model(s)/talent/artist(s) (“Talent”) represented by SLU to provide their talent services (“Talent Services”) to Client. “SLU” refers to each of Sports Unlimited Management and Promotions Inc, Sports Unlimited Talent Agency Inc and Sports & Lifestyle Unlimited Miami LLC, as applicable, each of which is a separate legal entity.
- Talent Releases/Service Agreements: Any talent releases/service agreements or related documents proposed by Client should be provided to SLU for review on Talent’s behalf prior to any Talent Services being performed. Any terms and conditions contained herein that are not expressly replaced or superseded by other agreement(s) will remain in full force and effect and will be considered incorporated into such other agreement(s) or will otherwise remain separately in effect between the parties as applicable.
- Initial Permitted Use: Unless otherwise agreed, payment of all agreed upon Talent fees and expenses provides the limited right to use materials bearing the Talent’s likeness or other agreed property: (a) in the United States only; (b) for one (1) year from the sooner of either the date of first use or three (3) months after date of production, and (c) for only the specific initial permitted usage/purpose(s) defined and agreed at the time of booking. Any subsequent and/or additional use of the Talent’s likeness or other property will be subject to Talent approval following good faith negotiation regarding additional compensation. Client is responsible for securing the agreement and acknowledgment of any photographer or third-party assignee as to the applicable restrictions. All rights not expressly granted by the Talent are reserved by the Talent. SLU and the Talent may identify, use, hyperlink or otherwise refer to any images, video or other Client materials featuring the Talent that have been published or released to the public by Client, its representatives or assigns, in connection with SLU’s and Talent’s respective self-promotion only.
- Use of Talent’s Name, Biography, Social Media of Other Talent Services: Generally, unless otherwise agreed in advance, additional fees must be negotiated on a case-by-case basis for the right to use Talent’s name, biographical references, social media handle/or content, or for any other services to be provided by the Talent. Such other services may include, but are not limited to, technical advice/consultation, personal appearances for public relations purposes, or providing technical consultation during production.
- Talent Session Fees & Overtime: Talent session fees are quoted based on a standard day of up to eight (8) hours that includes hair/make-up preparation, meal breaks and two rest periods, as applicable. Fees may be separately negotiated in other increments on a case-by-case basis. Any time worked by Talent exceeding eight (8) hours in a day is billed at 150% (i.e., 1.5 times) the booked rate on an hourly pro rata basis unless otherwise negotiated or prorated, or as otherwise required by applicable state law. Any time worked by Talent exceeding twelve (12) hours in a day is billed at 200% of the booked rate on an hourly pro rata basis unless otherwise negotiated or prorated, or as otherwise required by applicable state law.
- Travel Time Fees: Travel days are quoted and billed at one half (50%) of the equivalent daily rate for Talent Services (e.g., $1,500 day fee x 50% = $750 travel day fee). This charge applies to Talent services requiring air travel or more than 100 miles travel by another mode of travel, such as car or rail, and are applicable for each day requiring such travel.
- Local Mileage/Travel Expenses: Client will reimburse Talent for public transportation or at the standard current Federal mileage rate for any bookings requiring Talent to travel over fifty (50) miles and less than 100 miles to the shoot location unless an alternative fee has been negotiated in advance. If Talent is required to travel 100 miles or more, in addition to the travel time fees, Client will either provide or reimburse expenses for air travel, ground transportation to/from airport, and hotel accommodations with each Talent to have their own room, unless other arrangements are agreed prior to production. In addition, should Talent be required to travel with gear or equipment, any airline fees for additional or oversized baggage will be pre-paid or reimbursed by the Client.
- Meals & Per Diems: Client is responsible for providing Talent with meals and non-alcoholic beverages (considering Talent’s reasonable dietary requirements). For Talent Services provided 100 or more miles from the Talent’s residence where Client does not provide Talent with 3 meals per day, per diems are charged as follows: (a) A $35 per diem is payable for any day that Client provides lunch and breakfast only (no dinner), and (b) $50 per diem if Client provides only 1 meal. If Client provides no meals, the standard per diem is $75 per Travel, Shoot or Down day (where Talent is not working but unavailable for other work while at a production location).
- Fitting Fees: Fees for fittings for the purpose of confirming wardrobe and sizing only (i.e., without any photography, filming or other services performed) are charged as an additional flat fee to be agreed prior to booking.
- Most Favored Nations: To ensure Talent are compensated fairly within the scope of each engagement, Client is responsible for ensuring that Client’s engagement of Talent represented by SLU will be on terms and conditions no less favorable than any other non-SLU-represented Talent with reasonably comparable experience and qualifications engaged by Client to provide the same or substantially similar services in connection with the same engagement.
- Client’s Responsibility to Disclose: It is the Client's responsibility to disclose as soon as they are aware of any extraordinary conditions, requirements or supplemental use of Talent’s intellectual property or other services.
- Exclusivity: Talent are free to render services in connection with any competitor product or service unless the Client has negotiated and paid a separate fee for exclusivity. Exclusivity will be limited in duration and scope according to the terms agreed.
- Agency Service Fees: SLU charges Clients an agency service fee on all engagements, except those subject to a union agreement, in consideration of services rendered by SLU to Client related to facilitating Client’s engagement of Talent. Such agency service fee is for the direct benefit of SLU and is not part of Talent’s compensation paid to Talent by Client for their rendering of Talent Services to Client.
- Payment: The entity confirming the booking of Talent will be deemed the Client and responsible for all payments, unless otherwise established in advance. Payment is required to be made in accordance with applicable State law, whether the Client, in its discretion, determines to pay directly or utilize a third-party talent payroll service, and is payable to Talent in care of the agency. If Talent Fees are processed via a third-party payroll service, the agency service fee is to be accounted for separately and is not to be included in the compensation payable to the Talent nor is the agency service fee subject to payroll deductions. Any invoicing or collection of Talent Fees by SLU is on behalf of Talent as their representative only. Normally, payment is due upon receipt of such invoice. All past due invoices are subject to a finance charge of 1.5% per month. Payments made via debit/credit card or third-party payment processer (such as PayPal) are subject to a supplemental convenience fee. All fees agreed for the right to use any materials featuring the Talent’s likeness or other intellectual property are payable whether or not the materials are published or used, unless otherwise agreed. Any usage or licensing rights are contingent and conditional on payment of all fees in full. Talent and SLU reserve the right to modify payment terms if deemed appropriate prior to booking.
- Cancellations: To
compensate Talent for the potential loss of other opportunities due to making a
schedule commitment, booking cancellation fees will be payable by Client for
confirmed booking as follows:
- For any booking cancelled less than one (1) full business day (24 hours) before call time = Full payment (100%) of the agreed gross fees for the entire engagement.
- For any Booking cancelled more than one full business day and less than two (2) full business days (48 hours) before call time = Half (50%) payment of the agreed gross fees for the entire engagement.
- For any multi-day booking of three or more (3+) days (including travel days) in duration cancelled within three (3) business days (72 hours) before call time = Full (100%) payment of the agreed gross fees for the entire engagement.
- Any Talent travel and or other agreed expenses incurred by either Talent or SLU on the Client’s behalf are to be reimbursed in full by Client upon receipt of invoice, regardless of when a booking is cancelled.
If Talent cancels due to illness, emergency, or event beyond the control of Talent, no fees will be payable by Client, and the parties will work together to find a suitable replacement within a reasonable time. SLU accepts no liability related to any cancellation by Talent.
- Holds & Options: If Client has received a hold or option of a Talent, upon either notification by SLU of another offer or within twenty-four (24) hours of the proposed service time, Client must confirm or release the Talent without delay. Any such holds or options confirmed by the Client are considered a fully guaranteed booking and may only be subsequently cancelled by Client with payment of all fees in full.
- Weather Related Cancellations: On the first occasion of cancellation due to adverse weather conditions prohibiting the booked engagement, one half (50%) of the Talent Fees and Agency Fees, in addition to 100% of any pre-approved expenses incurred by Talent or SLU will be due payable, unless the Client has failed to cancel in time to prevent the Talent’s attendance in which case full fees are due and payable. On the occasion of the second and any subsequent weather cancellations the full booking fees will be payable by Client. Weather-related cancellation fees are additional fees and will not constitute an advance against any fees payable for any rescheduled booking.
- Relationship of Parties SLU acts as the representative of Talent as a talent agency and provides Client with separate services related to facilitating Client’s engagement of Talent. SLU is not the employer of Talent, or the provider of their services,for any purpose and does not provide Employer of Record (EOR) services. Client solely is responsible for any obligations associated with engaging Talent to perform their Talent Services, including without limitation any wage & hour requirements, the designation of Talent as independent contractors or employees, withholding, and payroll obligations. SLU does not provide any Workers’ Compensation or other insurance policies covering Talent or Talent’s Services, is not liable for the actions or negligence of the Talent it represents and does not provide any indemnification for the same. Talent are solely responsible for the manner and performance of their Talent Services, and any liability arising therefrom.
- Client’s Responsibility
for Safety: Clients are responsible for ensuring that Talent are
provided with settings and conditions that are safe, professional, secure, and
hygienic for the rehearsal and performance of any Talent Services, and Clients
are responsible for their adherence to all applicable local, State and Federal
- Sales Taxes: All amounts payable under these terms and conditions are exclusive of any applicable sales tax and/or any other similar or equivalent taxes or duties, which will be payable by Client in addition to the gross fees agreed for the booking without set-off by the Client.