BFMA Code of Conduct

COMMITMENTS

BFMA members are committed to the well-being and welfare of all the models we collectively represent and are committed to providing correct, professional advice in all aspects of the profession.  We assure our models of the following;

• Accountability in all respects to models and the provision of remedies to any complaints
• Professional financial transparency
• Explanation and guidance in financial protocol within the industry

Advice on registration with HMRC as a self-employed person

Recommendation to a personal chartered accountant if/when required

• Help, advice and access to qualified guidance in nutrition and wellbeingincluding mental health
• Promoting a safe working environment free fromharassment, bullying, discrimination and racism through Terms & Conditions issued to clients, and in contracts with models.
• Promoting a ‘Respect to All’ policy whilst working amongst peers and clients
• Providing models with the resources to make a direct complaint in the case of a dispute with a modeling agency, a casting director, photographer or a brand employee. (or anyone connected with their job as a model)
• Training all agency staff on the BFMA Best Practice Guide and who will be required to sign their understanding and agreement.

Nutrition, wellbeing and maintaining a healthy lifestyle

Advice in these areas should always be sought from a professional.  Our preferred route is via the
Be Well Collective, a not-for-profit organisation which is financially supported by and affiliated to the BFMA.  https://www.bewellcollective.co.uk/.  The organisation is run by a qualified nutritionist and all their advisors are qualified in their respective fields.  See below

Members must promote healthy eating and are encouraged to attend Be Well Collective workshops particularly those related to wellbeing, eating disorders and mental health.

Members understand that models are uniquely individual and will not ask their contracted models to reach or maintain measurements that are not realistic or achievable for their shape or frame 

Measurements 

If members need physically to measure a model, boy or girl, they agree to do so with privacy, discretion and respect. 

We believe it is inappropriate to measure any young person under the age 18 except for their height. 

It is unacceptable to take, send or receive body, bikini or lingerie digitals of any young person under the age of 18.    Members will actively discourage third parties from submitting similar imagery.

Foreign agencies should consult with models’ UK mother agents before any measurements are taken.

https://www.bewellcollective.co.uk/lwbw-series/category/Eating%20Disorders

https://www.bewellcollective.co.uk/helplines

Model agreements 

Members commit to provide their models with an updated Model Agreement and provide clear guidance on all terms, specifically anything restrictive such as the Term and Termination.

All agreements for any model who is under 18 must be signed by the parent/s or guardian.

On attaining the age of 18, all models should re-sign their model agreements on their own behalf.

Finance

Members commit to provide;

• Clear guidance on their commission structure and breakdown, model statements, recharges (if any) job rates and expenses.
• Complete information for each job confirmed, including full usage, rates and how to reclaim expenses if relevant.
• Copies of contracts, statements, job confirmation forms or invoices if these are requested.
• Clear guidance on how their accounts department will handle and process model payments.
• Guidance on VAT thresholds and registration.
• Clear guidance on how to apply for a certificate of residence to claim tax relief abroad so models do not get taxed twice on foreign income.
• A completely transparent process which is accessible for each model account.
• An understanding of the payment requirements under the Conduct of Employment Agency Regulations i.e. an agency client account from which all model payments are made, and then, within 10 working days of receipt of payment from the client.
• Models should not be required to sign unnecessary non-disclosure agreements with their agent.
• Evidence of a correctly operated client account.
• Take all reasonable steps to collect client’ debts in a timely manner.
• A Financial Conduct Authority (FCA) Consumer Credit Licence, where models are advanced money for any reason and where interest is charged.Any level of APR must be advised, transparently, in advance.

Harassment, Bullying, Discrimination and Racism 

Members understand and discourage micro-aggressions, whether intentional or unintentional, from clients or within the agency.

Members commit to a Duty of care 

Members are committed to the following:

• Prioritise the safety and wellbeing of their models at all times.
• Ensure their models have full, comprehensive information regarding any and all aspects of a booking either in the UK or if they are travelling abroad.
• This includes safe transportation to and from set, flights, accommodation, drivers, visas, work permits and appropriate insurance.
• Ensure their models are provided with food and drink on set, unless agreed otherwise, and that they have adequate provision for the length of the booking, which may include a per diem to cover the entire booking, including any travel days.(In the UK or abroad).
• Require that photographers not known to the agency sign a test release/personal statement of good conduct.
• Protect their models from being coerced or forced to shoot or do something with which they are not comfortable.
• Agree and communicate controversial or unusual styling or set ups with their models prior to arrival on set. For example: nudity/sheer/fur/lingerie/working with animals etc.
• Except where the photographer is well known, avoid sending models alone to houses for tests or go-sees. It is recommended that models attend in pairs.Under 18s must be chaperoned.
• Meet all new photographers at the agency or at their studio and conduct due diligence before introducing them to any models.
• Avoid bringing international models under 18 for bookings or on stay and not without a chaperone.
• Ensure all legal requirements for under age modelling are followed.

https://www.gov.uk/child-employment

Model Accommodation 

Members will conduct due diligence on hosts wherever practical.

Model / Agency relationships

Members will always:

• recognise that Model/Agency relationships must be based on mutual trust and we must take steps to reassure and minimise anxiety by encouragingcloser relationships,improved personal communication and regular meetings where models have the opportunity to share any concerns.  The reciprocal is expected from models.
• provide a personal induction to help new models feel secure by learning about the agency, its history and its values. If a model is under 18 parents/guardians must also be invited.
• provide regular workshops with new models in a group space so that any questions and/or concerns can be voiced in an open environment and discussed without judgement.
• provide a Model Handbook to newly signed models which gives greater depth to the welfare and care process and states how grievances can be dealt with. This explains in clear, simple language the expectations of being a model, and what the model can expect from their Agency. It also explains what the Agency expects from their models and what clients expect from them.
• models under 18 are required to share this information with parents/guardians.
• exercise care and sensitivity when managingcareer expectations and releasing models from agreements
• ensure, when booking models of colour or those with particular skin or hair types, that all those who are booked on a job (e.g. hair and make-up artists included in the call sheet) are knowledgeable, adept and skilled in working with all related hair/skin products.Make sure such models are not made to feel discriminated against nor isolated or belittled
• allow any staff and models to adopt pronouns for communications, documentation, or emails.g. she/her/their
• direct contact with any model under 18 can only be done with parental consent.Complaint management
• Members are encouraged to provide Diversity and Inclusion training for their staff.
• Members are required to ensure all relevant personnel have current DBS certification where any supervised teaching, training or instruction of under 18 models is concerned.
• Members commit to giving their Models a voice and regularly invite them to feedback anything to the Agency which may have affected them, positively or negatively, and which can be given anonymously.The Agency commits to adapting policy or behaviour if it is deemed necessary or useful.
• Agencies must have an internal policy for listening and managing model complaints about clients and any issues when raised at the agency.There is a procedure as how and when complaints are escalated to a relevant body. e.g. the Police or the British Fashion Council.
• Unacceptable behaviours and their consequences must be understood and appropriate processes put in place to manage any that are reported.
• Members will use appropriate language within the agencyrelating to models, clients and other agencies
• Make sure that models do not fear that their careers are at risk, in any way, or that there will be repercussions, should they make any kind of complaint.

MY DIGITAL HUMAN MODEL

A CODE OF CONDUCT FOR AGENCIES AND CLIENTS – A STATEMENT OF A MODEL’S RIGHTS
(‘Digital Version’ means Digital Human or Avatar and all data included).

Purpose of this document

This document can be used as a resource for Model, Agency, and Client(s)

Model Statement & Rights

As a working Fashion Model within the fashion industry, I require these 10 Model’s rights are met to help move towards a safe, secure and transparent development of digital Models. I request that my agency present these Model’s rights when a client indicates that a digital scan of the Model will be taken.

1. TRANSPARENCY

I have the right to be aware, at all stages, of the terms, creation and use of my digital version.

2. REPRESENTATION

My digital version is an extension of my identity and profession. Therefore, I wish to be digitally represented in a way with which I feel morally, ethically and artistically aligned.

3. SECURITY

I trust that all parties, including agency and client, are responsible and ensure my personal data is stored securely and in accordance with any applicable laws and regulations.

4. EXPLOITATION

I will not, under any circumstances, allow my personal data nor a representation of my physical self be exploited in a digital form, except as approved in writing by me, or my agency with my approval.

5. PERMITTED USE/USAGE

My digital version can only be used within the terms of the booking confirmation agreed by my agency. I trust that my agency is acting on my behalf to ensure these conditions are met.

6. DATA PROTECTION

Where my personal data is captured and used, all parties will comply with data protection and privacy laws and regulations in all territories, including but not limited to GDPR and other relevant data protection law.

7. MISUSE

Any digital version of me that is misused in any way by any party will be deemed a breach of contract and I can demand that the usage ceases and the content be taken down. My digital version(s) cannot exist beyond me unless stated otherwise by me or my next of kin.

8. VALUE

I understand that my digital version is an imitation of my physical self. However, as it is a product of me, the digital version has value and should be valued accordingly by all parties in order to support a fair, ethical, and sustainable industry.

9. OWNERSHIP

I appreciate the complexity of owning my digital version. However, if I cannot currently own my digital version within the contract terms, I trust all parties to respect our Agreement and to undertake to transfer copyright and ownership rights in the data to me at the end of the usage term.

10. AUTONOMY

I must always maintain the position to make informed, independent and uncoerced decisions on my own accord, or by my parental guardian in whom I trust.

The BFMA is committed to ensuring Equality of Opportunity for all its members, staff and models.

Ethical Scouting

This is a guide to BFMA agencies of an agreed set of principles and standards expected for all scouting activities.  Scouting must be done showing absolute respect for the individual and his/her particular circumstances.

Parental involvement

All scouted models, where they are minor, must have parental/guardian consent before responding to an invitation to meet with an agency.

No such scouted potential model can be seen without an attendant parent or guardian.

Taking on a new face

It must be made clear that modelling is a career and not a hobby.  It must be taken seriously.

No individual must be led to have unreasonable expectations.

BFMA members do not apply undue pressure on an individual to sign up without time to consider any Ts&Cs or other offers he or she may have.  A legal 30 day cooling off period is allowed.

Potential new faces are advised to seek independent legal advice before signing a model agreement.

Contract

Before being taken on, a new face model must be made fully aware of the agency’s model agreement, in particular, the way the agency earns its income, the precise % commission charged and absolute clarity as to any potential expenses that might be incurred.

The implications of any notice periods must be fully understood.

The individual’s tax status as a freelance and not an employee must be made clear.

Mother agents and scouts

Care needs to be exercised when appointing new MAs or scouts who may not be known to the UK agency. A BFMA agency should check as to their reputation with other agencies in the UK or global markets.

Wherever practical, any fees due to a model will only be paid directly to that model and not to their mother agent.

Any mother agency with whom a BFMA agency works must comply, in writing, with the Modern Slavery Act.

Refugee status

Potential models with refugee status, unless they are outside their home base, must not be scouted directly but only through a reputable mother agency or scout.

Respect will be given to an individual’s local culture and customs, and their personal situation will be taken into account.

Such potential models must be made aware of the potential downside as well as the upside of a modelling career.

Where English is not a model’s mother tongue, agents will offer to provide electronic or other translation services, should the model be unclear as to any of the terms.  Alternatively, where a mother agent is involved, that person will be responsible for ensuring any agreement is fully understood.

All bookings must be confirmed in writing by the client who, prior to the commencement of the job, must sign the appropriate BFMA Booking Confirmation Form which stipulates agreed fees and usage. Copies of all contracts must be made available to models.

The BFMA is committed to ensuring that models work in a healthy & safe environment under good working conditions, including hours of work, rest periods, sustenance, transport (where appropriate) and free from any harassment or discrimination.
A special ‘Models’ Welfare Document’, developed in consultation with the British Fashion Council, is enclosed with show packs that are mailed to designers and show producers. This requires their co-operation in ensuring that models’ welfare is safeguarded during London Fashion Week.
It is a requirement of BFMA agents’ Terms & Conditions that all clients provide adequate insurance to safeguard the Health & Safety of the model as if he/she were an employee of the client. Notwithstanding this, the client shall not impose upon the model any action or activity which is either dangerous or demeaning to the model.