|
Agency/Model Agreement
Pillars&Pride of Africa Nig. Co
operating as Pillars&Pride of Afrika modelling agency
and having an office at
7th floor Baico building, 12 abibu oki street off
Marina
in the city of Lagos Island
in the province of Lagos state
(hereinafter referred to as "Agency")
AND
...............................................................................................
(hereinafter referred to as "Model")
For and in consideration of the mutual promises herein contained,
the parties hereby agree as follows.
1.
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").
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Model shall pay to Agency a sum equal to forty per cent (40%) of all
monies, fees or other contributions received by Model, directly or
indirectly,
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. 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.
8.
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.
9.
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.
10.
It is further understood and agreed that Agency is acting as a
personal manager only, and does not operate as an employment agency.
11.
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.
12.
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.
13.
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.
14.
It is understood that
When through the effort of Pillars & Pride of Afrika Nig
Co., Model is placed with another agency; Pillars & Pride of Afrika
modelling
agency will become the Mother Agency entitled to 15% of talents
earnings for three years.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
Model warrants that no other binding agreement is in force with any
other party which would supercede this agreement.
22.
This agreement shall be binding upon both parties hereto, their
heirs, successors, assigns, etc.
BY
SIGNING BELOW, BOTH PARTIES AGREE TO THE TERMS CONTAINED WITHIN THIS
AGREEMENT, AND ACKNOWLEDGE UNDERSTANDING OF THE TERMS CONTAINED
HEREIN.
.............................................................
.....................................................................
Model's Name
Agency Name
.................................................
........................................................
Model's Signature
Agent's Signature
.................................................
........................................................
Street Address
Street Address
.................................................
.........................................................
City, Province, Code
City, Province, Code
I/We, the parents of ................................, who is a
minor under the age of eighteen (18) years, have read the above
agreement
and acknowledge that both we and our son/daughter
........................, have entered into this agreement with an
understanding
of its terms and conditions.
..............................................................................................................
Parent/Guardian Signature
..............................................................................................................
Street Address
..............................................................................................................
City, Province, Code |
