Terms & Conditions
Last updated: May 1st 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.cheekymonkeymodels.com website (the “Service”) operated by Cheeky Monkey Models/ModelMe Management LTD
(“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and via Social Media. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Childrens accounts should be updated every month to confirm the height, clothes size, shoe size etc is correct. If the sizes have not changed you should still add a note to your online profile to say checked and unchanged so we know you have updated. Child accounts not updated for 2 months will no longer besubmitted – child accounts not updated for more than 3 months constitutes a breach of the Terms, which may result in immediate termination of your account on our service
It is also your responsibility to keep these details up to date, failure of the model not fitting the description provided by Cheeky Monkey Models on your behalf may result in the cancellation of a booking without payment.
You are responsible for safeguarding the password that you use to access you or your childs profile page and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
By accepting these terms and conditions it is understood that Cheeky Monkey Models does not purchase the services of a Model or Performer. Cheeky Monkey Models act as an intermediary between Model/Performer and the end user for which Cheeky Monkey Models is entitled to receive commision.
At the bottom of each profile there is a show log link – clicking on this will show you the jobs you/your child has been submitted for. This only includes briefs that are not submitted via another medium (i.e Spotlight and Casting Networks). This information is confidential and commercially sensitive and is not to be shared – anyone who shares this information is liable to have their/their child’s account immediately terminated.
We ask that our clients have photos taken by a professional photographer – this is so the photos we put on model cards and submit to casting directors show the models and actors at their best, it creates a good image of both the agency and the client.
We don’t stipulate who takes the photos so you can use a local photographer to yourselves, we just ask that pictures taken are PORTRAIT orientated and that there is at least 1 head and shoulder and 1 full length shot.
You are responsible for letting the agency know if you/your child is unavailable for castings for ANY reason. This should be done via the notes section of your online profile. If you/your child is offered a casting and you decline the casting and have not noted the unavailability on the system this will be classed as a “Strike” if you/you child incurs 3 strikes within a 12 month period Cheeky Monkey Models reserves the right to terminate the representation with immediate effect and with no refund for any services paid. You will be notified of any “Strikes” incurred in writing (usually via email).
It is usual that you will receive payment within 90 days. This will be issued via bank transfer or cheque in the name of the person who completed the job. In the case of children payment is via cheque only and will be issued in the childs name so please ensure they have a bank account that this can be paid into. Under no circumstances will payment be made in any other name.
If you require a cheque to be reissued there will be a deduction of an administration fee of £10 to cover the “stop cheque” charge on the initial cheque and time and postage to issue the replacement.
We are a Sole agency which means you must NOT do work for any other agency. We do allow a stand alone acting agency but we MUST be informed of this is order to ensure there is no submission overlap. The talent agency must not submit your child for stills roles and in return we will not submit your child for filming role. If a stills job or casting is obtained we will claim any associated fees/commissions from that job regardless of any other agents/agencies you or your child may be represented by.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination by ourselves, your right to use the Service will immediately cease. If you wish to terminate your contract with Cheeky Monkey Models 30 days notice in writing is required, after this time your account and any associated data will be deleted and removed from our system.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By uploading pictures and data to the member model card area you are confirming that you own the rights to be able to use the photographs for modelling and or acting work. You are also granting us permission to use this information and pictures for your model card and on our website and social media pages. Should you wish to decline usage for our website and social media please revoke this usage in writing and we will remove them within 7 working days. You are also agreeing to us sharing the information and/or photos contained within your model profile area with casting directors and end users with the intent of you or your child receiving a casting/audition or shoot. We will not share your information with any other person or company unless we are legally instructed to do so.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cheeky Monkey Models.
Cheeky Monkey Models has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cheeky Monkey Models shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.