TERMS & CONDITIONS

CLIENT BOOKING CONDITIONS

All contact, initial and future booking requests for the model must go through and be pre-approved by the Agency, not the model.

AGENCY SERVICE FEE: An agency service fee is added to each booking over and above the negotiated model or talent rate. The total booking charges are due in full within 30 days from the invoice date. All payments are invoiced by Scout Services (Scout Models KL) to the Client and will be paid to the Agency. Payments are NOT to be made directly to the Model.

HOURLY BOOKINGS: Three hours minimum at model’s hourly rate. Length of job must be specified at time of booking. Model must be paid for length of time booked.

DAY BOOKINGS: All day bookings are computed on an 8 consecutive hour basis, and on a 10 hour basis for video shoots. Day rate must be specified at time of booking and cannot be changed after the model has arrived at the job. The full day must be paid even if the entire time is not used. Half-day rates will be based on models being booked at 5 hours.

ON HOLD: Right of first refusal on model’s time. On hold must be released or confirmed 48 hours (2 working day) prior to booking, otherwise definite secondaries or definite bookings could take precedence. In some cases, clients might be required by the agency to release or confirm tentatives with more than 24 hours anticipation. In such cases of confirmation, those bookings will be made firm and the rules of cancellation will not apply.

CANCELLATIONS: On day of job to 24 hours prior to booking – Full fee. 48 hours prior to booking – Half fee. Bookings that are reduced in time within one working day before bookings – full fee of original booked time will be charged. If travel expenses have already been incurred by model, compensation is required upon cancellation regardless of time-frame. If booking is postponed, negotiations may be arranged.

CANCELLATIONS BY THE AGENCY : Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and / or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.

WEATHER PERMIT CANCELLATION FEES: The weather permit option must be stated by the Client at the time of the booking, Cancellations or postponement requires at least 24 hours notice, otherwise a 50% charge will be made. First postponement: no charge if job is rescheduled within 7 days. Second postponement: half charge. Third postponement: full charge.

PRODUCT BOOKINGS: Please check with the agency for conflicts and rates on Billboards, National Ads, Packaging, Point of Purchase displays or use of model’s name. All products are subject to negotiation, especially with sensitive issues such as virility and female hygiene, which must be discussed with the agency in advance.

COMPLAINTS & DISCLAIMER: Any cause for complaint must be reported to the Agency within the first 2 Hours by the Client as soon as it arises. Complaints cannot be considered and / or dealt with effectively after the services have been delivered. Whilst the Agency will use reasonable endeavours to ensure that the models provide a satisfactory and efficient services to Clients, as the Agent, the Agency cannot be held responsible for a Model’s conduct or behaviour whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any Model.

USAGE RIGHTS: All content of the Model are permitted to be used only for what is negotiated in the original discussions and agreements. Any further usage is not permitted, including farming out or trading to other companies or people, or posting on personal websites, blogs etc., unless previously agreed to and put in writing. Please note the Model is not authorized to sign release forms without the agency having first approved them. Any form signed by Model, which was not approved by the agency, will not be valid.

PERMITTED USE: Unless agreed otherwise and included on the booking confirmation form, regular booking fees provide an entitlement and right for the client to use content for one year.

OVERTIME: Overtime charges shall apply to Model on “day rate” in which they are required to work in excess of 8 (for photo) or 10 (for video) consecutive hours on any given day with a break for lunch. If the shoot lasts beyond the scheduled time, Client shall pay an overtime rate of 1.5 the hourly rate.

TEST & EXPERIMENTAL PHOTOGRAPHY: When the Agency agrees to allow a Photographer to take test or experimental photography the Photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.All final imagery/edits captured at a test shoot must be sent to the Agency for approval before publishing and release. At no time should imagery be sent to the model directly. 

FASHION SHOW/RUNWAY SHOWCASES: Runway bookings provide the Client with the right to make use of the Model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc) is exploited for reporting/editorial purposes only. Images may not be used for any other purpose, including but not limited to, advertising and promotion of any sponsor or third-party participant in the event. The Client is responsible for ensuring that all photographers present are aware of this condition and the Client will procure that they abide by these conditions. If any other usage is required it must be negotiated and agreed with the Agency at the time of the booking. The full conditions under “copyright” section of these T&C’s apply to any images taken during runway bookings.

E-COMMERCE SHOOTING: E-Comm shoots are deemed product shots only and does NOT include Social Media, Landing Pages, Banner Shots or EDMs [Each to be negotiated separately prior to shoot as this usage is deemed Digital Campaign]. E Comm rates are either recognisable or un-recognisable [below nose] and must be advised by the Client prior to shoot.

USAGE/ADDITIONAL FEES FOR MODELS: Additional fees are payable for the right to use the Model’s image, content or reproductions / adaptations of, or drawings derived from that image/content, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation form, e.g. advertising, packs, posters, showcards, billboards, record covers, swing tickets etc. For the avoidance of doubt, additional fees are payable for the right to use the Model’s image online or in any digital media including but not limited to Twitter, Facebook, Tumblr, Snapchat, Pinterest, Instagram, TikTok, MySpace, YouTube, Flickr, Blogs or other social networking websites or media.

Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in Malaysia only, for the permitted use or uses or purposes agreed between the Agency and the Client. Under no circumstances will each additional usage fee be less than the Model’s advertised day rate as determined by the Agency unless determined otherwise by the Agency in its absolute discretion.

Additional fees are also payable, and subject always to the Agency’s prior consent, for the right to use the Model’s image, content or reproductions etc, as set out above for all known or anticipated territories other than Malaysia.

It is the Client’s responsibility to outline full usage requirements at the time of booking. It is also the Client's responsibility to ensure any creatives and brands associated with the booking are aware of these terms & conditions. Any and all additional usage must be negotiated with the Agency. The Agency reserves the right to refuse the release of images for any use for any reason including rollovers of existing print and television campaigns. Any image used without written authorisation or prior approval from the Agency will be deemed unauthorised usage and will be subject to penalty.

COPYRIGHTS: Ownership of all images and content of the Model remains with Model at all times and any unauthorized use or replication of their image or content will be an infringement of Malaysian Copyright Laws. At no time does ownership of any image of the Talent/Model revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Model via the Agency. The Photographer is not entitled to use any of the images he / she takes for any use beyond that agreed in the Agency Booking Confirmation accepted by the Client under section “Usage”. The Photographer to this extent agrees to restrict use of his / her copyright, and if the Client is not a photographer, the Client is to draw these terms and conditions to the attention of the Photographer and to obtain their agreement prior to the commencement of the shoot.

The Model reserves the right to post professional imagery taken on a booking (once officially released) on their various social media platforms and will also release the use of any imagery to The Models (and other affiliated agencies) for use on their personal pages on and also for promotion on the various The Models (and other affiliated agencies) social media platforms. The Models request that all imagery be sent in high resolution via email once released for these purposes.

EXCLUSIVITY: Unless otherwise agreed in the booking confirmation form the Model is supplied to the Client by the Agency on a non-exclusive basis and the Model shall be free to provide similar and / or competing services to any third party and / or competing product or brand of the Client. An additional fee will need to be agreed when the use of the Model’s image, content or the service to be supplied by the Model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the Model’s image or content for competing and / or particular sector of products or within a particular territory. The Model can supply services to and allow use of the Model’s image by any competitor unless such an exclusivity fee is negotiated and paid by the Client. It is the Client’s responsibility to carry out any research and check whether the Model supplied has undertaken or is booked to undertake any conflicting work.

THIRD PARTIES: In the event that the Client is providing the services on behalf of or to a third-party end user, in entering into these terms and conditions the Client is acting in its capacity as the agent of the third-party end user and the Client shall ensure that the third-party end user:

* enters into an agreement with the Client on the same terms as these terms and conditions;

* acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 14 days of the date of any invoice received from the Agency; and

* acknowledges that the third party end user may not use the images until payment is received by the Agency and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.

CONTRACT & AUTHORITY: All matters relating to the use of the Model’s image, content or any other services supplied by the Model and all fees must be negotiated and agreed only with the Agency. The Client shall not attempt to negotiate, nor allow others to negotiate, with the Model directly. If the Client or the Photographer or any other person on their behalf or connected with them obtains the Model’s signature on any document or the Model’s purported verbal agreement to anything outside of the scope of this agreement or the booking confirmation, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the Model or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).

CLIENT RESPONSIBILITY:

1. Notify if double, triple or group bookings.

2. Disclosure of extraordinary conditions or requirements

3. When booking weather permit, specify weather requirements. 

4. Provide adequate dressing facilities on all bookings.

MEALS: Clients are responsible for the provision of all meals and beverage requirements of the Model (taking into account dietary requirements) whilst the Model are providing services to the Client on all bookings that are more than 5 hours in duration.

PAYMENT TERMS OF INVOICE: Payment of the Model fee and any other monies payable are required to be paid in full by the Client by the due date specified on the invoice, sent to the last known address of the Client. In all cases the Client will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation in writing be given prior to the booking date. If the Client fails to pay the amounts due in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including all debt collection fees.

INVOICING: On all invoices payment is required to be made by the client within 14 days of the date of the invoice. A finance charge of 3% will be charged on all invoices that fall overdue of 14 days from the date of invoice and will accrue for each fortnight an invoice remains overdue. Should any invoices remain outstanding, The Agency reserves the right to turn over the Client’s account to a third party for collection. It is agreed that if the Client’s account is forwarded to a third-party client will pay a finance charge for late payment of 20% of all outstanding amounts.

In all cases, the person booking the Model is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Agency reserves the right in its discretion to invoice the ‘Ultimate Client’, (e.g. designer / manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the Ultimate Client, in which case the Client and the Ultimate Client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the Model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Agency specifically agrees otherwise, in writing, no usage for the Model’s image is permitted until the Agency has received payment in full. The Agency reserves the right to alter payment terms if it deems appropriate, prior to booking.

If the Client fails to pay in full, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and Solicitor’s costs.

MODEL CARE & SAFETY: Scout Models KL only accept bookings ensuring that models are treated with respect and professionalism, and that all necessary steps are taken to ensure their safety, health and wellbeing. The Client shall ensure that the Model is protected and maintained at all time whilst providing services to the Client and the Client will take all reasonable steps necessary to ensure that the Model is protected and treated in accordance with all applicable laws and good industry practices.

Nude, semi-nude, see-through, bathing suit or lingerie photography requires the express prior written approval of the Agency. The use of the Talent/Model’s image or content must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the Model. The image must not be altered or distorted.

FORCE MAJEURE: The Agency shall not be liable to the Client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, pandemic, world health crisis (an “Event of Force Majeure”) and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

COVID PRECAUTIONS: Scout Models KL has put in place preventative measures to reduce the spread of COVID-19; including but not limited to- reminding models not to accept jobs if they have felt sick, or been around others who are sick, within the previous 14 days of receiving a booking request. When arriving to any booking we encourage the wearing of masks and only removing the mask when shooting, if and when the client approves. We encourage social distancing at all times when on set. If the job involves activities that do not allow for social distancing- the client must let us know so that we can notify the talent before they confirm their availability for the booking. Lastly, we do also recommend that client perform temperature checks when talent arrives on set. Even with these precautions in place, Scout Models KL cannot prevent clients or others on the job from becoming exposed to, contracting, or spreading COVID-19 while utilising Scout Models KL services & hiring models. When choosing to utilise Scout Models KL services, you hereby release, covenant not to sue, discharge, and hold harmless SKL models, its employees, agents, representatives, talent, or other representatives of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of SKL, its employees, agents, representatives, talent, or other representatives, whether a COVID-19 infection occurs before, during, or after participation in any booking/job.