Plus-Size Models

Terms and Conditions - Plus-Size Models
Call Us: +61 405 751 646
Email: info(@)plus-sizemodels.com
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Terms and Conditions

Plus-SizeModels.com is not a Model Agency. Plus-SizeModels.com is a model referral website used by models, who are asked by their client if they are able to recomend other known Plus-Size Models, and to promote the plus-size models featured on the website Plus-SizeModels.com located at www.PLUS-SIZEMODELS.com.

Plus-SizeModels.com charges NO upfront fees to models in anyway whatsoever.

  • All models/associates submitting any images via any media whatsoever to Plus-SizeModels.com, give all reproduction rights to Plus-SizeModels.com and in doing so lawfully accepts and abides by all the terms and conditions set and modified at any time by Plus-SizeModels.com. The following are Plus-SizeModels.com terms and conditions and shall apply to all models and/or their associates immediately on submission. Plus-SizeModels.com will act as a referrer on the models’ behalf.

 

  • By creating a profile on Plus-SizeModels.com you have not enetered in to an exclusive model contract with any other agency or third party. If you have entered into an exclusive model contract with any other agency or third party and, you receive a referal assignment via Plus-SizeModels.com it is the model’s responsibilty to pay any commsion fees owed to the that agency or third party.

 

  • By creating a profile on Plus-SizeModels.com will have read and fully understand these terms and conditions as a contract with Plus-SizeModels.com.

 

  • The Plus-SizeModels.com Terms and Conditions to all models and/or their guardians and/or their associates.

These Terms and Conditions replace any previously issued.

  • All models/associates submitting any images via any media whatsoever to Plus-SizeModels.com, give all reproduction rights to Plus-SizeModels.com and in doing so lawfully accepts and abides by all the terms and conditions set and modified at any time by Plus-SizeModels.com. The following are Plus-SizeModels.com terms and conditions and shall apply to all models and/or their associates immediately on submission. Plus-SizeModels.com will act as bookings referrer on the models’ behalf.

 

General Conditions of Use

 

Membership

To access or use certain parts of the Plus-SizeModels.com, you must register as a member of the Plus-SizeModels.com and/or a particular website that forms part of the Plus-SizeModels.com. Generally, registration is free.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

  • You must not register as a member multiple times.
  • You must not impersonate or create a membership for any person other than yourself.
  • We may at any time request a form of identification to verify your identity.
  • You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Plus-SizeModels.com, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

 

Affirmation regarding age

By using the Plus-SizeModels.com, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

 

Your conduct

You must not:

(a) use the Plus-SizeModels.com in breach of any applicable laws or regulations;

(b) use the Plus-SizeModels.com (or Material obtained from the Plus-SizeModels.com):

  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(c) use the Plus-SizeModels.com to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • – is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • – contains, promotes, or provides information about unlawful activities or conduct;
  • – is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • – exploits another person in any manner;
  • – contains nudity, excessive violence, or sexual acts or references;
  • – includes an image or personal information of another person or persons unless you have their consent;
  • – poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • – contains large amounts of untargeted, unwanted or repetitive content;
  • – contains restricted or password only access pages, or hidden content;
  • – contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • – advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  • – contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the Plus-SizeModels.com;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Plus-SizeModels.com;

(f) use the Plus-SizeModels.com with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the Plus-SizeModels.com without our prior written authorisation;

(h) use code or other devices containing any reference to the Plus-SizeModels.com to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Plus-SizeModels.com or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Plus-SizeModels.com.

 

Your Material

By uploading, transmitting, posting or otherwise making available any Material via the Plus-SizeModels.com, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the Plus-SizeModels.com a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Plus-SizeModels.com, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Plus-SizeModels.com by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Plus-SizeModels.com simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

 

Referrals & Enquiries

 

Referrals

By creating a profile on Plus-SizeModels.com, Plus-SizeModels.com will act an affiliate marketing agent for the model, for which the model rewards Plus-SizeModels.com for each assignment or client brought by the Plus-SizeModels.com’s own marketing efforts.

 

Enquiries

All enquires sent via the Plus-SizeModels.com website are sent to a monitored @Plus-SizeModels.com email address. The Plus-SizeModels.com team then reply to this enquire on behalf of the model in order ascertain the enquiry is genuine. The Plus-SizeModels.com team will collate as much information about the potential opportunity client, during this initial research process and then pass this information on to the model.

 

 

Assignment Contract

 

Bookings

The assignment, which has been accepted by a model through Plus-SizeModels.com, must then be fulfilled through Plus-SizeModels.com. All extensions and derivations relating to the original assignment must be fulfilled through Plus-SizeModels.com. The model will be liable to pay all Plus-SizeModels.com’s losses in respect of the original assignment, extensions and deviations if not fulfilled through Plus-SizeModels.com. Plus-SizeModels.com does not guarantee any such work.

The model undertakes not at any time in the future to contact in anyway whatsoever any clients introduced to them through Plus-SizeModels.com in any capacity whatsoever without the written consent of Plus-SizeModels.com.

Plus-SizeModels.com will offer a contractual assignment as a conditional verbal description over the telephone. On accepting the model is liable to fulfil this contract. Plus-SizeModels.com will supply the “best of knowledge” assignment details of this contract by email. Each contract applies to any one offer only. Each contract cannot be applied to any other offers past or present.

The contract will quote the individual model fees and the client fee for hiring each individual model for completing the contract in full. The contract will give the “best of knowledge” assignment details of this contract e.g. time, date, place, wardrobe, restrictions, working hours, client fee, model fees, proposed additional fees, etc. The model on being emailed (time and dated franked by the email) the contract by Plus-SizeModels.com must complete the contract in full for the contracted fee otherwise the model will be liable for any losses incurred. The model can view the contract at any time via web pin login, and password.

Plus-SizeModels.com reserves the right to negotiate any post assignment disputes by any party on behalf of the individual model and client. Any post assignment resolutions negotiated by Plus-SizeModels.com will be judged by Plus-SizeModels.com as to be fair and reasonable to all interested parties. The Plus-SizeModels.com decision is final

Availability

The model must give 7 working days’ notice to the agency to withdraw from an assignment, which has been booked by a client.

The model shall be liable for any extra costs that have been incurred by Plus-SizeModels.com, the client or other models as a result or failure to comply with condition these terms and conditions.

It is the models’ responsibility to be available for the duration of the assignment.

If a model fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the model may be liable to pay for costs or losses incurred.

 

Payment and Invoicing

The Model will invoice the client directly.

The model will be notified prior to the assignment of any contractual changes.

The model gives Plus-SizeModels.com the authority to invoice the reward fee as stated in the booking form for the assignment.

The Model will make payment to Plus-SizeModels.com of any fees properly due within ten days of receipt of payment from the client.

The Model is not obligated to pay Plus-SizeModels.com any fees prior to payment by the client. The client may take an indefinite period to pay but is requested to make payment normally within 1 month of the Assignment.

Plus-SizeModels.com will not be liable for any outstanding fees to the model in the event of indefinite delayed payment by the client for whatever reason

Likewise the model will not be liable for any outstanding fees toPlus-SizeModels.com in the event of indefinite delayed payment by the client for whatever reason.

The model is self-employed and personally responsible for the payment of income tax, National Insurance contributions and other statutory deductions and where appropriate value added tax. Plus-SizeModels.com will not be reliable for any model’s failure to complete any of the above mentioned. All VAT registered models are responsible for sending in VAT invoices within 30 days of all assignments.

Plus-SizeModels.com will invoice the model with any necessary VAT amount on completing the contract in order to receive payment.

Rates

The model will be notified and contracted over the telephone by Plus-SizeModels.com of the rate of payment for a particular assignment in advance of the models’ acceptance of that assignment. If prior notification is not possible the model will be so informed.

Plus-SizeModels.com will not be liable if the client does not maintain the rates of a contract / payment.

The model gives Plus-SizeModels.com the right to re-negotiate with the client any necessary variations in the rate of payment without any liability to the model whatsoever.

Assignments undertaken for overseas clients may carry variations in rate due. For example, currency fluctuations and bank charges and such variations will be carried forward to the payment made to the model.

The model gives Plus-SizeModels.com permission in their absence to enter into contracts with the client on their behalf.

The model gives Plus-SizeModels.com permission in their absence to enter into contracts with the client on their behalf.

Liability

Plus-SizeModels.com will not accept responsibility or accept liability for any loss costs claims or proceedings incurred by a model to either persons or property at any time while working, travelling to or from or in connection with any assignment whatsoever.

 

Cancellations

Plus-SizeModels.com is not liable for any costs claims proceedings or losses due to the cancellation of an assignment.

 

Performance

It is the model’s responsibility:

(a) To ensure that the assignment is fulfilled to the client’s order and satisfaction.

(b) To be punctual for an assignment.

(c) To ensure that the model possesses the specified wardrobe and accessories.

(d) To ensure that the model fulfils the assignment as specified in the contract and accept any costs resulting from any deviation of the contract.

The model shall bear any extra costs, which are incurred as a result of a breach of this clause (d).

The model will not bring Plus-SizeModels.com into disrepute and will be a professional representative of Plus-SizeModels.com at all times.

Featured model. Defined by (a) be required to act individually in a medium shot, or more closely, or (b) possible individual direction, or (c) a direct relationship to perform with a visual featured model, or (d) possible visibility and recognizable in a crowd or individual scenes, or (e) appear in a vignette either individually or with others.

Model upgrade. If the model is upgraded to a featured model, the full fees and usage fees will apply

Exclusivity

An model who accepts an assignment from a client introduced to the model by Plus-SizeModels.com shall be liable to pay Plus-SizeModels.com 30% of the fee, which the model receives.

 

Promotional Material

Plus-SizeModels.com shall at its discretion invite models to participate in promotional activities for Plus-SizeModels.com. Plus-SizeModels.com will at their discretion reproduce model prints, website, CD-ROMs, model books, head sheets or electronic transmissions (fax, Internet, etc.) from any supplied photographs. The model will bear no costs for this service.

 

Reproduction Rights

All images and details reproduced in association with the Plus-SizeModels.com are supplied by the individual model and/or their associates and with the full permission and consent of the individual model/associates. Plus-SizeModels.com cannot be held responsible for any loss howsoever caused by the model misrepresenting themselves in any way.

The model/associates is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with Plus-SizeModels.com. Plus-SizeModels.com cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the model/associates by Plus-SizeModels.com.

 

Details of Contract

Plus-SizeModels.com will hold the details of each contract on computer hard disc. At any time the model can request a print, or see these details. These details will be available for 1 year after the initial date of the contract. The model is liable to collect and sign for a print of these details from the premises of Plus-SizeModels.com before the model can dispute in any way these details. Failure to collect and sign will mean no dispute can be entered into.

 

Termination of Representation

The model’s affiliation with Plus-SizeModels.com may be terminated by Plus-SizeModels.com without notice but without unfair reason. We ask that the models/associates must resign in a written form to Plus-SizeModels.com, although a model must fulfil all obligations in respect of an assignment accepted by Plus-SizeModels.com or the model is liable for costs incurred by Plus-SizeModels.com.

Plus-SizeModels.com requests two weeks’ notice of termination of contact by any models/associates.

 

Provisional Bookings

Once an model is provisionally booked it is the models’ responsibility to contact Plus-SizeModels.com if any circumstances change in respect of fulfilling the assignment otherwise the model will be liable for Plus-SizeModels.com’s losses.

 

Castings

The model undertakes on accepting a casting through Plus-SizeModels.com to fulfil the assignment through Plus-SizeModels.com any deviation from this acceptance the model will be liable for Plus-SizeModels.com’S losses.

 

Grievances

During or after the shoot the client has the right to contact Plus-SizeModels.com with details of any grievances that they feel applicable to that model(s) on that assignment.

Plus-SizeModels.com, at their discretion, can instigate legal proceedings (court summons, solicitors’ letters etc.) against a none paying Model for any assignment.

 Acceptance of terms

Any model registering with Plus-SizeModels.com is deemed to do so on the above terms and conditions.

 

 

Definitions

 

The words and phrases shall have the following meanings:

 

Assignment

Any work of any description which the model obtains directly or indirectly through Plus-SizeModels.com

Model

Any person and /or person’s guardian and/or associates who are registered with the agency and is a self-employed person. The model is the worker

Plus-SizeModels.com is operated by 3-Degrees and the publisher of Plus-SizeModels.com and any person authorised by Plus-SizeModels.com to act on their behalf.

Client

Any company, partnership, sole trader, association or organisation notified by Plus-SizeModels.com to the model. The client is the hirer.

Fees

Any sum or sums of money, which Plus-SizeModels.com shall notify at any time to the model, are due and payable by the client or its agent

Rates

Scales, tables or agreed term of payment of fees notified by the client

Overseas Client

Any client whose method of business necessities payment in any currency other than pounds sterling

Cancellation

Notification by any person other than the model (whether or not the client, agency or otherwise) that an assignment is not proceeding

The Working Day

The working day is 8 hours between 09:00 hours and 18:00 hours and includes a lunch break of half an hour (shops act 1950).

Promotional Activity

Any work (other than an assignment) so described by Plus-SizeModels.com