TERMS AND CONDITIONS
Ot’Chik Modelling Agency operating as Ot’Chik Models and having an office at 10, Grandmates Street, Jakande Estate, in the city of Isolo in the province of Lagos state (hereinafter referred to as “Agency”)
You (hereinafter referred to as “Model”)
For and in consideration of the mutual promises herein contained, the parties hereby agree as follows:
For the term of this agreement, Model hereby appoints and engages Agency to act as Model’s exclusive personal manager in the fields of modelling, 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 portfolio.
Model agrees to seek Agency’s counsel in regard to all matters concerning Model’s endeavors in the Fields. Model shall advise Agency of all offers of employment submitted to Model and will refer all inquiries concerning Model’s services to Agency.
Agency is hereby granted the exclusive right to use and distribute and allow or license others to make use of and distribute Model’s name, portrait and pictures in connection with the advertising and/or publicity of the Model in the Fields and in connection with the matters covered by this agreement.
Agency may publicize that it is the exclusive personal manager for Model, and Agency may render similar services for others, and engage in other related business or ventures.
There is no refund of registration fee once paid.
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.
Model shall pay to Agency a sum equal to forty per cent (40%) of all monies, fees or other contributions received by Model, directly, under all contracts of employment entered into during the term specified in paragraph ten (10) and subsequently, paragraph eleven (11), including reuse and residuals, whether originated by Agency or not. Whereas, the agency shall be entitled to 20% of contract fees entered indirectly from the agency so long as the model is still signed under the agency. Model hereby grants to Agency a limited Power of Attorney to collect all fees and monies earned or accruing to Model from all sources governed by this agreement and to remit to Model the net fee after deducting the aforesaid forty per cent (40%) commission. This limited Power of Attorney includes the right of the Agency to deposit the proceeds in a general account prior to remitting the balance to Model. Model agrees to instruct clients, producers, advertising agencies and/or union office in writing on the face of all job contracts or on the release model signs at the time of production to send all fees and monies due to Model directly to Agency. This limited Power of Attorney also authorizes Agency to sign Model releases on behalf of Model, and authorize reuse and residuals, whether originated by the agency or not.
It is understood that Model indebted to Agency would have the ascertained amount of money owed deducted from Model’s reimbursement. Model’s delay in payment may attract interest.
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.
It is further understood and agreed that Agency is acting as a personal manager only, and does not operate as an employment agency.
The term of this agreement shall be made for a period of two years, commencing this date. Model may terminate this agreement with ninety (90) days written notice, delivered by registered mail to the address listed on the face of this document. If termination notice is received after a booking or placement has been arranged, Model agrees to honor that booking/placement or else reimburse Agency for any and all costs incurred or revenue forfeited (including such revenue which may be owing to a client due to incurred expenses as a result of Model’s cancellation) .Within one year from the cancellation date of this agreement, Model agrees to pay the AGENCY 30% of all fees that received from any additional employment with any employer(s) with whom Model first received work through the AGENCY or as the result of information obtained from the AGENCY. One year after the written cancellation of this contract, the model may obtain modelling assignments from all and any sources.
In the absence of termination notice, this agreement shall continue to be renewed automatically from year-to-year on the anniversary date. Renewal is solely reposed on agency’s discretion.
Model is aware that Agency is entitled to receive a service charge from some or all of the clients who utilize Model’s services. Model and Agency agree that this service charge may be deducted from the net fee before reimbursing Model.
It is understood that When through the effort of Ot’Chik Models, Model is placed with another agency; Ot’Chik modelling agency will become the Mother Agency entitled to 15% of talents earnings for three years.
When on an assignment, which was obtained as a result of the effort of the AGENCY, Model will not accept additional assignments directly from the Agency’s clients. If Model is offered additional work from an Agency’s client, Model will advise that client that they must contact the Agency to obtain Model’s services. As the result of information obtained from the AGENCY, Model will not directly contact a potential Agency client to obtain modelling assignments.
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 Model or Agency, nor to do any act or thing which impairs Model’s capacity to at all times fully comply with the terms of this agreement, or which impairs Model’s physical or mental qualities and abilities. Model further agrees to abide by all standard rules and policies of Agency with regard to behavior on castings and engagements. Agency may, upon five (5) days notice to Model terminate this agreement for breach of this paragraph.
Model understands and agrees that Model shall not, while this agreement is in force, enter any modelling and/or acting contest or competition organized or sponsored by any company other than Agency, or sign and contest agreements unless Model has the written permission of Agency. Model further agrees that in the event any company other than Agency offers free training or free out-of-town excursions in connection with the modelling or acting business, Model will, before accepting any such prize, consult with, and obtain the written permission of Agency.
A waiver by either of the parties hereto of a breach of any of the provisions herein shall not be deemed a waiver of any subsequent breach nor a modification of such provision.
It is understood and agreed that Model’s services are extraordinary and
unique and there is no adequate remedy at law of a breach of this agreement by Model, and that in the event of such a breach or threatened breach, Agency shall be entitled to equitable relief by way of injunction or otherwise, provided however that nothing herein shall be construed as a waiver of any or all rights which Agency may have for damages in an action at law or in equity or otherwise.
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. No modification, alteration or amendment of any provisions contained herein shall be valid or binding unless in writing executed by both parties hereto. Both parties warrant that in entering into this agreement they have not been induced by, and are not relying on, any promises, representations or warranties not set forth in writing.
Model warrants that no other binding agreement is in force with any other party which would supercede this agreement.
This agreement shall be binding upon both parties hereto, their heirs, successors, assigns, etc.
BY SUBMITTING THE REGISTRATION FORM, BOTH PARTIES AGREE TO THE TERMS CONTAINED WITHIN THIS AGREEMENT, AND ACKNOWLEDGE UNDERSTANDING OF THE TERMS CONTAINED HEREIN.
Models Are Advised To Read Download The Form.