Ownership of This Website: This website is owned and operated by Bird Model Management. All of the content featured or displayed on this website, including, but not limited to, text, graphics, general design, copyright trademark, patent secrets, artwork applications informational data, logos, photographs likenesses, bibliographical information, images, moving images sound illustrations, (otherwise known in its entirety as content) is owned by BMM, its licensors and its content providers. This content is protected by trade dress, copyright, trademark and other laws relating to intellectual property rights (proprietary information) unfair competition and other laws nationally and worldwide. Except as explicitly permitted under this or another agreement with BMM, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of BMM, its licensors and content providers. Unauthorized use such as reproduction or modification of this site will be in violation of such laws.You shall indemnify BMM, its affiliates and licensors and content providers against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Exclusive use:
The Bird Model Management website is for the exclusive use by BMM Models and clients who are issued a confidential password. You may not assign, delegate or transfer your rights or password to any other individual. You agree to comply with all federal, state and local rules regarding such export of data and usage. Such usage and export of data is for client use only. It is strictly prohibited to export any data from this website for any kind of commercial or advertising gain and individuals using content of this website for this purpose will be prosecuted to the full extent of the law. Use of this website by any other persons than BMM Models and clients is strictly prohibited and unauthorized use is a violation of the terms of use of this website. Persons who are not authorized to enter this website will be liable for any and all damages resulting from such unauthorized website usage. In addition, by entering this website without permission from BMM, you shall immediately lose all rights and privileges that may arise between yourself and BMM.

Applicable Law:
By visiting the Bird Model Management website, you agree that the laws of the state of New York, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bird Model Management. Any dispute relating in any way to your visit or access of the BMM website shall be submitted to binding arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate BMM’s intellectual property rights, BMM may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue of such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. Indemnification:You agree to indemnify, defend and hold harmless BMM, its officers, directors, owners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the BMM website.

Fittings & Wardrobe Calls
Fittings are charged at half the Models normal hourly rate to a maximum of two fittings.

The third fitting will be charged at the full Models normal hourly rate.

Sleepwear, Underwear, Swimwear & Nude.
Swimwear is charged at time and half of the Models hourly rate. Sleepwear is charged at time and half or double the Models hourly rate depending on the garment.

Underwear is charged at two to three times the Models normal hourly rate depending on the garment. Bird Models reserves the right to review the images and request alteration to the image on behalf of the model if necessary.

Nude rates are to be negotiated and cleared by the Model before Bird Models can accept a booking.

Grooming Requests
Additional (but not restricted to) hair, nails, tanning, etc. requested by the client outside of the shoot time will be charged at half of the Models normal hourly rate. All additional costs pertaining to such request(s) will be reimbursed to the Model by the Client.

Public Liability
It is the Clients responsibility to ensure adequate levels of Public Liability Insurance exist to cover the Model at any location including travel to and from location.

Bird Models is at no time deemed to be the Models employer and therefore hold’s no Public Liability Insurance covering the Model except at Bird Models’s offices.

Exclusivity and or Restrictions
All fees quoted are done so without any exclusivity or restriction unless otherwise negotiated. It is the client’s responsibility to check with Bird Models regarding product conflicts prior to booking a Model.

Provisional or Holds vs Confirmed bookings
Bird Models reserves the right to cancel a provisional booking in precedence to a definite booking for the same Model.

All television commercials and stills to be used on air are negotiated at the time of booking are quoted for 12 months on air in the USA. The on air date must be included in the contract. If the on air date is not in the contract then it will be deemed 30 days from the date of the shoot. Any extension to the term will be negotiated separately.

Any complaint regarding the Model should be reported during a shoot. No complaint will be entered into once the invoice is issued.

Interviews, Castings, & Recalls
More than 2 Interviews, Castings, or Recalls a fee will be negotiated

Hair and Make Up
Hair and Make Up time will be charged at the Models hourly rate.

Agency Service Fee
An Agency Service Fee will be charged in addition to the total fee on all bookings.

Payment is required on receipt of the invoice.

A client has up to 48 business hours to cancel a booking prior to the time of engagement of a model. Full cancelation fees will be charged otherwise.

Bird Models acts on behalf of the Model(s) and endeavors to provide a high level of service. Bird Models cannot be held ultimately responsible for the conduct of the model on an assignment. The Models are independent contractors and are not employees of Bird Model Management.

Bird Models accepts and enters into Managerial services for every Model on this website based on an understanding that no conflict exists. Bird Models is a multi-list and Freelance agency that recognizes that Models have relationships with many other clients by way of freelance engagements and by way of other managerial companies. Bird Models believes it is in the Model’s best interest to have full control over her/his own career which is intrinsic to being ‘Self Employed’. It is the Model’s responsibility to make Bird Models aware of any potential conflict that may exist between that Model and another management company (either oral or written). Once Bird Models accepts a Model for representation (by way of Model’s seeking out representation by Bird Models) Bird Models will proceed in providing services to a Model in good faith and according to the wishes of the Model. Should any conflict arise, it is the Model’s responsibility to repair such conflict, together with any and all issues that arise from such conflict. BMM shall remain harmless of any damages or issues that may arise .

All Models that are represented by Bird Models have voluntarily sought out Bird Models for representation. It is Bird Models’s policy not to ‘poach’ or otherwise seek out a Model from other managerial firms or agencies, or knowingly accept a model who has an exclusive arrangement with another managerial firm or agency.

BMM Commission(s) from Models
It is recognized that Model’s commissions earned by Bird Models are negotiable, and that all Models prior to accepting an engagement are aware of the commission percentage paid to Bird Models. (between 15-20% and in some case less) It is a practice of BMM that commissions taken by BMM are adjusted to suite a Models particular compensation need on a job to job basis. Every Model represented on this website recognizes this, together with the understanding that most bookings are 20% commission.

Fixed earnings and commissions
At no time has BMM met with or discussed/emailed rate fixing or commission fixing with any other modeling management firm. Bird Models’s rates are reflective of a client budget, together with a Model’s request of a desired earning(s) and market value.

Deductions from a Model’s earnings
Bird Models shall seek permission from a Model before any deductions are taken from a Model’s earnings from the Model’s client. Such deductions may include but shall not be limited to: Fedex/Courier charges, re-printing of cards and postage. The Model has the right to request evidence, such as invoices and receipts of such expenses and BMM shall provide such evidence in a reasonable time frame.

Test photography and printing of a Model’s comp card
BMM does NOT make money by way of referring any Model to testing photographers. It is incidental to our service to the model to help build his/her folio. Monies paid by Models to testing photographers are managed between the Model and photographer only. The Model has the right to receive an invoice from the photographer’s services, and to know in advance the fees involved. BMM will only refer a Model to a photographer and offer advice regarding whom BMM thinks is a capable, ethical and talented photographer for the Model’s benefit. BMM does not make money by way of printing Model composite cards. All monies paid to the printing company are between the Model and printing company. The Model has the right to receive an invoice for the printer’s services and to know in advance what fees are involved for such services.

Yearly web fee
All models are made aware of a yearly web fee of $150. The web fee covers one full calendar year from January 1st to December 31st.

Given the nature of a Model as self employed, the models relationship with Bird Models is that of an independent contractor. The Model is recognized as being a ‘client’ of Bird Models. Both Bird Models and Model are independent contractors. Bird Models provides services to the model in a managerial capacity only, and both Model and Bird Models are responsible independently of each other for all Social Security, City, State and Federal taxes, together with Worker’s Compensation payments and Disability payments. (or taxes)

Should a Model be injured in transit to or from or during a booking , Model shall be responsible as an independent and self employed contractor to carry his or her own personal injury or disability/unemployment/worker’s compensation insurance.

Ethics of Engagement
Bird Models is a freelance agency. Bird Models abides by the principles that guide freelance agency conduct: that of the ‘Ethics of Engagement’ from a client to client perspective. Models understand that with more than one freelance agency, the rule of client engagement is private, and belongs to the Model/Management company and the particular client that she/he is working with. Such clients may not be transferred to another agency or freelanced by the model without Bird Models’s express permission. The nature of freelancing is bound by this understanding, and would fall into chaos if not honored between the model and Bird Models: Bird Models is guided by these same ethics when it comes to other managerial firms or agencies. Models approach Bird Models for representation on a freelance basis and this definition of Freelancing is clearly given to each and every model.

In short, if a model is engaged by a client on a booking by way of Bird Models’s services, then so long as that client engages the Model, the Model shall honour his/her work via Bird Models. Bird Models would have no incentive to represent the model without such a policy of ethics. Bird Models shall honour the relationship between the Model and his/her clients and Managerial companies that are outside of Bird Models also.

This Freedom of representation for the Model is the cornerstone of more control over a Models own career, but it cannot work without the understanding of BMM’s ‘Ethics of Engagement’. All models are made aware of this understanding, and BMM will only move forward in representing the Model if both parties are in agreement of this policy.