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0. DEFINITIONS

In this document the following words shall have the following meanings:

0.1 ‘The Client’ means any individual, partnership, limited company, charity or organisation that requests services from the Artist

0.2 ‘The Artist’ means Charlie Fitzjohn

0.3 The 'Booking' means the reservation or arrangement of services for a specified date, agreed in advance between the Artist and the Client. 

0.4 ‘Brief’ means a statement of work, quotation or similar in written form describing the services to be provided by the Artist

0.5 ‘Services’ means the application of makeup by the Artist, as dictated by the services specified in the Brief.

0.6 A 'Production' is a coordinated, multi-stage process through which creative concepts are planned, developed, and executed into an asset or outcome. This may include but is not limited to photoshoots, video shoots, musical performances, theatre performances etc. When pertaining to the Artist, this means the day(s) that the Artist will be providing services as part of the the team working to deliver said asset or outcome.

0.7 ‘Fees’ shall mean all charges and expenses that will by invoiced by the Artist to the Client for the services provided

0.8 ‘Terms and Conditions’ or 'Terms of Service' means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Artist

0.9 ‘Expenses’ shall mean reasonable additional costs or expenses incurred by the Artist, including but not limited to the Artist’s costs of travel, accommodation, subsistence and any materials required for the Services

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1. SERVICES

1.1 The Artist agrees to provide professional makeup services as specified and agreed in writing prior to the booking.

1.2 The Client is responsible for providing details of the production, shoot schedule, location, working hours, number of individuals requiring services, and any specific creative requirements in a timely manner in advance of the booking.

1.3 The Artist reserves the right to refuse to carry out services where working conditions are unsafe, unsanitary, or otherwise unsuitable.

1.4 The Client must inform the Artist in advance of any known allergies, sensitivities, or skin conditions of any individual receiving services. The Artist shall not be held liable for adverse reactions where such information has not been disclosed.

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2. FEES, PAYMENT TERMS AND INVOICING

2.1 The Artist’s fee will be agreed in advance of the booking and in writing.

2.1.1 The fee may be subject to change from the fee initially discussed if usage or working terms change or were provided incorrectly (see section 5)

2.2 An invoice will be issued following completion of services (or as otherwise agreed), and the payment terms are 30 days.

2.3 If payment is not received within 30 days of the invoice being sent to The Client, interest and/or recovery costs will be incurred, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Statutory Interest is charged at 8% + Bank of England base rate and the Client will be responsible for any debt recovery costs accrued by the Artist.

2.4 Payments shall be made via bank transfer unless otherwise agreed in writing.

2.5 The Artist reserves the right to withhold future services or deliverables where outstanding invoices remain unpaid.​

2.6 If the Services cover a period of more than two weeks, the Artist may issue interim invoices to the Client every two weeks.

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3. HOURS AND OVERTIME

3.1 Hours must be established by the Client in writing when agreeing fees, otherwise an 8+1 hour day is assumed.

3.1.1 An 8+1 hour day is an 8 hour day with a 1 hour unpaid lunch break, in which the Artist is not required to work. If a lunch break is not granted, this will be considered a 9 hour day and additional time will be charged accordingly (see 3.2).

3.2 Any time worked beyond the agreed hours shall be considered overtime. Overtime will be charged at a rate of 1.5 times the hourly rate per hour (or part thereof).

3.3 The Artist reserves the right to cease work at the agreed finish time where overtime has not been authorised.

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4. CANCELLATION AND POSTPONEMENT

4.1 The following cancellation charges shall apply unless otherwise agreed in writing:
a) Cancellation within 48 hours of booking: 50% of the agreed fee
b) Cancellation within 24 hours of booking: 100% of the agreed fee

4.2 If a booking is postponed by the Client within 24 hours of the agreed booking start time, a charge of 50% of the agreed fee shall apply unless otherwise agreed in writing.

4.3 The Artists reserves the right to cancel a booking if the call sheet has not been received 9 hours before the proposed call time, where no other details (location, call time) have been provided.

4.4 The Client must provide written notice of any cancellation as soon as reasonably practicable.

4.5 In the event of cancellation by the Artist due to unforeseen circumstances, the Artist shall use reasonable endeavours to provide the client with a suitable replacement for the booking. The Artist shall not be liable for any additional costs or losses incurred by the Client.

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5. USAGE

5.1 The Client is responsible for providing clear usage information regarding the production as this information is used to decide a fair fee for the Artist, in line with industry standards.

5.2 If the scale of usage for a project changes after the services have been provided, or the Client has not clearly stated the full scale and intended usage of a production during the booking process, additional fees will be discussed to reflect the further usage.

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6. TRAVEL AND LOCATION BOOKINGS

6.1 Travel time
6.1.1The Client is to pay a fee if travel to or from a booking is both outside of a 5 mile radius from Hackney Central and takes over 2 hours, to cover the time spent by the Artist travelling. Travel time fees shall be charged at 0.5 times hourly rate per hour of travel (or part thereof).

6.2 Travel Days

6.2.1 In the event that the Artist is required to travel outside of Greater London, either nationally or internationally, for a booking and the travel time would prevent the Artist from reasonably booking another job on the day that travelling is required, the Client is to pay the Artist for a Travel Day, unless otherwise agreed in writing. Travel days are charged at 50% of the agreed daily fee.

6.3 Location Bookings

6.3.1 When a location booking is made, the Client must provide transport for the Artist both to and from the booking location and between booking locations if multiple locations are used, unless agreed otherwise. If the client fails to provide such transport then the Artist shall be entitled to re-charge the cost of the transport procured. This includes both national and international travel.

6.3.2 When the Artist is required to have an overnight stay on location, the Client is responsible for booking any accommodation required for the entirety of the Artist's stay.

6.3.3 The Client must cover breakfast, lunch and dinner expenses or a per diem during a location booking, unless otherwise agreed in writing. 

as well as any travel costs incurred by the Artist as part of the production.

6.3.4 The Client is to cover any reasonable unforeseen expenses pertaining to the accommodation or travel arrangements that are incurred during a location booking.

6.3.5 If travelling internationally, the Client is responsible for the cost of any luggage required by the Artist for their services.

6.3.6 If the Artist on location is prevented from returning to London to work, 50% of the daily fee will be charged to and payable by the client for each day that the Artist is unable to return to London to work.

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7. GENERAL

7.1These Terms and Conditions shall apply to all bookings for the supply of Services by the Artist to the Client and shall prevail over any other documentation or communication by the Client unless otherwise expressed clearly in writing.

7.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Artist.

7.3 The Client shall be deemed to accept these Terms and Conditions when the Client signs and returns the Terms of Conditions provided by the Artist or from the date of any provision of the Services (whichever happens earlier).

7.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Artist may be entitled in relation to the Services, by virtue of any statute law or regulation

7.5 Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer

 

8. CONFIDENTIALITY AND DATA PROTECTION

8.1 Information which ought reasonably to be considered as confidential and which is disclosed by either party to the other party will be kept confidential by the receiving party.

8.2 All information retained by Artist will be processed strictly in accordance with the provisions of the General Data Protection Regulation and its successors. Such information shall be held solely for the purposes of fulfilling the booking and provision of services.

The Artist will not transmit any personal data held on behalf of the Client except where a) The transfer is a necessary part of the work undertaken to fulfil the obligations of the booking or b) There is a requirement to do so by operation of the law. For example, if there is a situation where concerns are raised regarding the safety and well-being of the Client or for the person for whom the service is provided.

 

9. COMPLAINTS AND DISPUTES

9.1 The Artist will always aim to deliver excellence however there may be times when the Client is not happy with the service provided by the Artist. If the Client is not fully satisfied, the Client and the Artist will discuss this and seek to find a satisfactory resolution.

9.2 If there is a dispute about the interpretation or operation of this brief then the Artist will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith.

 

10. LIMITATION OF LIABILITY

10.1 The Artist undertakes to maintain Public Liability Insurance limited to £1,000,000 for each and every occurrence

10.2 The Artist’s liability under these Terms and Conditions, and in breach of any statutory duty, and in tort or misrepresentation or otherwise shall be limited to the total amount of Fees payable by the Client

10.3 The Artist shall not be liable in connection with the services or the performance of any obligations under these Terms and Conditions for

(a) any indirect, special or consequential loss, damage, costs or expenses;

(b) any loss of profits, loss of anticipated profits, loss of business, loss of reputation or goodwill, or third party claims;

(c) any failure to perform any of Artist’s obligations if such delay or failure is due to any cause beyond the Artist’s reasonable control; or

(d) any losses caused directly or indirectly by any failure or breach in relation to Client's obligations.

10.4 The Artist indemnifies the Client against all damages, costs, claims and expenses suffered by Artist arising from any loss or damage to any equipment (including that belonging to third parties) caused by Client or its agents or employees

10.5 Nothing in these Terms and Conditions shall exclude or limit the liability of the Artist for death or personal injury caused by Artist’s negligence, or for any other matters for which it would be unlawful to exclude or limit liability

 

11. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, terrorism, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

12. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

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13. GOVERNING LAW AND JURISDICTION

Any disputes or claims arising out of or in connection with these Terms and Conditions of business or the Contract shall be governed by and construed in accordance with the law of England and Wales.