SOMEBODY LONDON LIMITED

TERMS AND CONDITIONS FOR BOOKING MODELS / TALENT

Updated: September 2026

These Terms and Conditions apply to bookings made through Somebody London Limited (“Somebody London”, the “Agency”, “we”, “us” or “our”).

1. TERMS AND BOOKING CONFIRMATION

1.1 These Terms apply to every booking, option, hold, quotation, negotiation and supply of modelling or talent services arranged by the Agency for a client (“Client”).

1.2 The specific commercial terms of each booking, including the identity of the Model / Talent, services, date, call time, location, fee, usage, media, territory, duration, exclusivity and any special conditions, will be set out in the Agency’s booking confirmation or otherwise confirmed in writing by the Agency (“Booking Confirmation”).

1.3 Until a booking is confirmed in writing by the Agency, all negotiations are strictly subject to contract.

1.4 If the Client proceeds with a booking, permits the Model / Talent to attend or perform, or makes use of any resulting material without signing or returning the Booking Confirmation, the Client will nevertheless be deemed to have accepted these Terms and the Booking Confirmation as issued or confirmed by the Agency.

1.5 Any amendment proposed by the Client is ineffective unless expressly accepted in writing by the Agency.

1.6 Where the Booking Confirmation expressly states that a particular term is intended to vary these Terms for that specific booking, the Booking Confirmation will prevail to the extent of that expressly agreed variation. Otherwise, these Terms prevail.

1.7 Nothing in these Terms is intended to exclude or restrict any obligation imposed on the Agency or Client by applicable employment agency, employment, health and safety, data protection or other mandatory law.

2. BOOKING FEES AND PERMITTED USE

2.1 Permitted Use

2.1.1 Unless otherwise expressly agreed in the Booking Confirmation, the booking fee covers only the Model / Talent’s attendance and services and does not grant any image, likeness, recording or usage rights beyond those expressly stated in the Booking Confirmation.

2.1.2 Where usage is expressly included, the Client may use the agreed image(s), footage or other material only for the media, purpose, territory and duration specified in the Booking Confirmation (“Permitted Use”).

2.1.3 Usage rights are conditional upon full payment of all sums due to the Agency. Unless the Agency expressly agrees otherwise in writing, no image, footage, recording or other material featuring the Model / Talent may be published, distributed, exploited or otherwise used before full payment has been received.

2.1.4 No right to re-use, re-purpose, adapt, extend, renew, re-license, sub-license or otherwise exploit material beyond the Permitted Use is granted unless expressly agreed in writing by the Agency.

2.2 Daily / Hourly Rates

2.2.1 Fees may be charged by the hour, half-day, day or on another agreed basis, including a fixed fee for a fashion show, fitting, presentation or appearance. The applicable basis will be stated in the Booking Confirmation.

2.2.2 Unless otherwise agreed, a standard working day is up to 8 hours including a one-hour meal break. Any booking exceeding 5 working hours may be charged at the applicable day rate.

2.3 Overtime

2.3.1 Overtime applies to time exceeding the agreed booking period or standard working day and may also apply to work outside normal working hours.

2.3.2 Unless otherwise agreed:

(a) overtime Monday to Saturday is charged at one and a half times the applicable hourly rate;

(b) Sundays and bank/public holidays are charged at double the applicable hourly rate; and

(c) night work between midnight and 09:00 is subject to a separately agreed rate.

2.4 Travel

Unless otherwise agreed, reasonable time spent by the Model / Talent travelling to or from a booking outside the normal London working area may be charged at half the applicable hourly rate, together with travel costs where applicable.

2.5 Fittings

Fittings are chargeable unless expressly included in the agreed booking fee. Unless otherwise agreed, fitting time is charged at half the applicable hourly rate, subject to any minimum fitting fee notified by the Agency.

2.6 Additional Expenses

2.6.1 All reasonable expenses incurred by the Agency on the Client’s behalf, including approved travel, accommodation, couriers, taxis, subsistence and other production-related expenses, may be recharged to the Client.

2.6.2 Unless otherwise agreed, such expenses may include an administration uplift of 12.5%.

2.7 Location Bookings

2.7.1 The Client must provide or arrange safe and appropriate transport for the Model / Talent to and from a location booking unless otherwise agreed.

2.7.2 If the Client fails to provide agreed transport, the Agency may arrange transport and recharge the Client in accordance with section 2.6.

2.7.3 If a location booking prevents the Model / Talent from returning to their usual place of work and thereby prevents them from accepting other work, the Agency may charge up to half the applicable daily fee for each affected day.

2.7.4 The Client must undertake an appropriate health and safety assessment of any location and inform the Agency in advance of any material risks and the measures taken to mitigate them.

3. ADDITIONAL FEES AND USAGE

3.1 Additional Usage

3.1.1 Any use outside the Permitted Use requires the Agency’s prior written approval and payment of an additional fee.

3.1.2 Additional usage includes, without limitation, additional media, additional territories, extensions of duration, renewals, re-runs, reprints, adaptations, paid media, digital advertising, social advertising, point of sale, in-store, outdoor, packaging, e-commerce, websites, apps, press, catalogues, lookbooks, broadcast, streaming and any other commercial exploitation not expressly included in the Booking Confirmation.

3.1.3 Unless otherwise agreed, each additional usage right is separately chargeable and the Agency may determine the appropriate fee having regard to the Model / Talent, client, brand, media, territory, duration, exclusivity and commercial value of the use.

3.1.4 All modifications, extensions and renewals of usage are subject to the Agency’s prior written approval.

3.1.5 The Client must provide the Agency with digital copies of the final images, footage or other material featuring the Model / Talent within 48 hours of first public use, or within such longer period as the Agency agrees in writing. Where reasonably requested, the Client must also provide links, screenshots or other evidence sufficient to identify the media, territory, date and nature of the use.

3.2 Artificial Intelligence, Synthetic Media and Digital Likeness

3.2.1 Unless expressly agreed in writing in advance by Somebody London and, where applicable, the Model / Talent, no photograph, video, scan, recording, image, likeness, voice, performance or other material featuring or relating to the Model / Talent (“Talent Materials”) may be used in connection with generative artificial intelligence, machine learning, synthetic media or similar technologies.

3.2.2 Without limitation, the Client shall not, and shall ensure that any photographer, production company, advertising agency, post-production provider, media agency, ultimate client, affiliate, contractor or other third party supplied with Talent Materials does not:

(a) generate new images, video, audio or other content using the Model / Talent’s image, likeness, voice or identifiable characteristics;

(b) materially alter, replace or recreate the Model / Talent’s face, body, proportions, expression, movement, voice, performance or identity;

(c) digitally depict the Model / Talent wearing, using, promoting or endorsing clothing, products, brands or services which were not photographed, filmed or otherwise included within the agreed booking;

(d) create any digital replica, avatar, synthetic model, digital twin, face swap, body double, voice clone or other simulated representation of the Model / Talent;

(e) upload or supply Talent Materials to a generative AI platform or service for the purpose of generating new, synthetic or derivative content;

(f) use Talent Materials, biometric characteristics, likeness data, voice data or other identifiable information for the training, fine-tuning, testing, validation, development or improvement of any artificial intelligence or machine-learning system, model or dataset; or

(g) create, extract, retain, sell, license, transfer or otherwise exploit datasets, embeddings, biometric data, digital replicas or other derivative data based upon the Model / Talent’s identity or likeness.

3.2.3 Standard photographic and post-production processes, including colour correction, exposure adjustment, cropping, resizing, compositing, background clean-up and reasonable beauty or garment retouching, are permitted provided that they do not materially generate, alter or misrepresent the Model / Talent’s identity, appearance, performance or endorsement.

3.2.4 Any proposed AI-generated, AI-altered, virtual try-on, synthetic-media, digital-replica or similar use must be disclosed to the Agency before the booking or proposed use and requires separate written approval. Approval may be subject to the Model / Talent’s specific consent, additional usage fees and further conditions.

3.2.5 Any authorised AI or synthetic-media use is limited strictly to the purpose, materials, media, territory and duration expressly agreed in writing. General descriptions such as “digital”, “online”, “social”, “all media”, “worldwide”, “in perpetuity” or similar wording do not by themselves grant AI, machine-learning training, digital-replica or synthetic-content rights.

3.2.6 AI, synthetic-media, virtual try-on and digital-replica rights are separate usage rights and are not included in an ordinary booking fee or image usage fee unless expressly stated in the Booking Confirmation.

3.2.7 Any unauthorised use under this section is outside the rights granted under the Agreement. Upon notice, the Client must immediately cease the unauthorised use and use all reasonable endeavours to procure removal and deletion of unauthorised material and derivative material supplied to third parties, without prejudice to additional fees, damages or other remedies available to the Agency and/or Model / Talent.

3.2.8 This section survives completion, expiry or termination of the booking and expiry of the original Permitted Use.

3.3 Territory

Use in any territory outside those expressly stated in the Booking Confirmation requires prior written approval and an additional fee unless otherwise expressly agreed.

3.4 Other Services

3.4.1 Additional fees are payable for services beyond the agreed modelling performance, including personal appearances, interviews, social-media posts, creator content, personal account usage, live appearances and other promotional services.

3.4.2 Behind-the-scenes photography or filming is permitted only where expressly agreed in advance by the Agency and may be subject to an additional fee and usage restrictions.

4. AGENCY FEES

4.1 Unless otherwise expressly agreed, the Agency charges a 20% agency supplement to the Client on Model / Talent fees, usage, overtime and other chargeable services.

4.2 Where a fee is quoted as inclusive of agency fees, unless otherwise agreed the Model / Talent disbursement is 66.67% and the Agency fee is 33.33% of the invoice total, before VAT.

4.3 Both Model / Talent disbursements and Agency fees will be invoiced by the Agency.

4.4 All sums are exclusive of VAT and any other applicable taxes, duties or similar charges, which are payable by the Client in addition where required by law.

5. INVOICING AND PAYMENT

5.1 Payment is due within 14 days of the invoice date unless the Agency agrees different terms in writing.

5.2 The person or entity making the booking is the Client and is responsible for payment unless the Agency expressly agrees otherwise.

5.3 Where a Client books on behalf of an ultimate brand, advertiser, producer, manufacturer or other end user, the Agency may invoice either or both parties and, to the extent permitted by law and the agreed booking arrangements, the Client and ultimate client shall be jointly and severally liable for sums properly due.

5.4 Usage fees are payable once agreed whether or not the Client ultimately exercises the agreed usage rights.

5.5 No usage rights take effect until the Agency has received all sums due, unless the Agency expressly agrees otherwise in writing.

5.6 If any sum is overdue, the Agency may charge interest and recover debt-recovery costs to the extent permitted by applicable law. Unless a higher statutory entitlement applies, contractual interest may be charged at 5% per annum above the Bank of England base rate from the due date until payment.

5.7 Where the Client acts for a third-party end user, the Client must ensure that the end user is informed of and complies with all restrictions relating to usage, media, territory, duration, exclusivity, AI and payment.

5.8 Receipt by the Client of funds from an ultimate client does not relieve the Client of its own payment obligations to the Agency.

6. EXCLUSIVITY

6.1 Unless expressly agreed otherwise in writing, the Model / Talent is supplied on a non-exclusive basis.

6.2 Any product, brand, category, sector or territorial exclusivity must be expressly agreed in advance and is subject to an additional fee.

6.3 The scope and duration of exclusivity must be clearly stated in the Booking Confirmation.

6.4 Unless exclusivity has been agreed and paid for, the Model / Talent remains free to work for competitors and other clients.

7. OPTIONS, HOLDS AND PROVISIONAL BOOKINGS

7.1 Options and holds are subject to availability and are not confirmed bookings.

7.2 Unless the Agency agrees otherwise, a provisional booking may be released or cancelled if the Client does not confirm within the deadline notified by the Agency.

7.3 The Agency may require a Client holding a second option to challenge a first option in accordance with normal industry practice.

8. CANCELLATIONS

8.1 Cancellation by the Client

8.1.1 If cancelled within 24 hours of the agreed call time, the full booking fee is payable.

8.1.2 If cancelled more than 24 hours but within 48 hours of the agreed call time, 50% of the booking fee is payable.

8.1.3 For bookings lasting more than three days, the Agency may charge the full booking fee where cancellation occurs within a period equal to or shorter than the length of the booking.

8.1.4 Saturdays, Sundays and bank/public holidays may be excluded when calculating cancellation notice where appropriate.

8.2 Cancellation by the Agency or Model / Talent

8.2.1 The Agency will use reasonable endeavours to give reasonable notice and, where practicable, offer a suitable replacement.

8.2.2 The Agency may cancel a booking where reasonably necessary, including because of illness, emergency, safety, welfare, travel disruption, force majeure, legal restriction, non-payment or material concerns regarding the booking.

8.2.3 Subject to any liability which cannot lawfully be excluded, the Agency is not liable for consequential costs or losses arising from cancellation or non-attendance by the Model / Talent. Clients should maintain appropriate cancellation insurance.

9. WEATHER-RELATED CANCELLATIONS

9.1 On the first weather-related cancellation, 50% of the booking fee is payable unless the Client fails to cancel in sufficient time to prevent attendance, in which case the full fee is payable.

9.2 A second or subsequent weather-related cancellation of the same booking is chargeable at the full booking fee unless otherwise agreed.

10. MEALS AND REFRESHMENTS

The Client is responsible for providing appropriate meals, drinking water and refreshments for the Model / Talent during bookings, taking reasonable account of notified dietary requirements and the length and nature of the working day.

11. MODEL / TALENT CARE, SAFETY AND WELFARE

11.1 The Client must treat the Model / Talent with respect and professionalism and take all reasonable and necessary steps to protect their health, safety, dignity, privacy and wellbeing.

11.2 Nude, semi-nude, implied-nude, see-through, lingerie, underwear or swimwear work, and any materially intimate or sensitive content, requires the Agency’s express prior written approval and must be disclosed before the booking is confirmed.

11.3 The Model / Talent’s image must not be used in any pornographic, degrading, defamatory, scandalous, humiliating, discriminatory or materially misleading context.

11.4 The Client must ensure that:

(a) the venue and working environment are safe, secure and appropriately heated, ventilated and maintained;

(b) suitable rest and meal breaks are provided;

(c) all persons engaged in connection with the booking are suitably competent and act professionally;

(d) no person requires the Model / Talent to undertake dangerous, degrading, unsafe, unlawful or demeaning activity;

(e) an appropriate private changing and dressing area is provided;

(f) the Model / Talent is not pressured to undertake any service, styling, level of undress, physical contact or activity which was not properly disclosed and agreed in advance; and

(g) applicable health and safety law, good industry practice and relevant fashion-industry codes and guidance are observed.

11.5 Behind-the-scenes filming remains subject to section 3.4 and may not be used to circumvent any agreed usage limitation.

11.6 Where a credit is given, the Client should use the Model / Talent’s name together with “@ Somebody London” or such other Agency credit as notified.

11.7 These welfare obligations apply equally to photographers, producers, stylists, hair and make-up teams, casting personnel, production companies, locations, contractors and other third parties engaged by or for the Client.

12. UNDER-18 MODELS / TALENT

12.1 Any booking involving a person under 18 must comply with all applicable child performance, employment, education, safeguarding, working-time, licensing and chaperone requirements.

12.2 Somebody London does not permit a Client to bypass any legal or Agency requirement relating to parental consent, chaperones, working hours, travel, accommodation or permitted content.

12.3 No nude, semi-nude, see-through or sexually suggestive content involving a person under 18 will be permitted.

12.4 Where a chaperone or parent/guardian is required or agreed, reasonable associated travel, accommodation and attendance costs may be chargeable to the Client.

13. MORALITY AND NON-DEGRADATION

13.1 The Client must not use the Model / Talent or resulting materials in connection with conduct, messaging or a context which is unlawful, discriminatory, degrading or reasonably likely to cause serious reputational harm to the Model / Talent or Agency.

13.2 The Agency may refuse or terminate a booking where the Client, ultimate client or relevant brand becomes associated with circumstances which would make continued participation materially damaging, unsafe or inappropriate.

14. WARRANTIES AND CLIENT RESPONSIBILITY

14.1 The Client warrants that:

(a) it has authority to enter into the booking;

(b) any person confirming the booking on its behalf is authorised to do so;

(c) it has obtained all licences, permissions, permits and consents required for the production and intended use;

(d) all information supplied to the Agency concerning the booking, including location, services, usage, products, travel, working hours and content, is accurate and complete in all material respects; and

(e) it will comply with applicable law and these Terms.

14.2 The Client is responsible for ensuring that any ultimate client, photographer, production company, advertising agency, media agency, post-production provider, retoucher, publisher, platform, distributor, affiliate, contractor or other third party receiving or using Talent Materials complies with the usage restrictions and other relevant obligations in these Terms.

15. INDEMNITY

15.1 To the extent permitted by law, the Client shall indemnify the Agency and Model / Talent against reasonable losses, liabilities, damages, costs and legal expenses arising from:

(a) the Client’s material breach of these Terms;

(b) unauthorised or excessive usage, including use outside the agreed media, duration, territory or exclusivity;

(c) unauthorised AI, synthetic-media, virtual try-on, digital-replica or machine-learning use under section 3.2;

(d) acts or omissions of third parties for whom the Client is responsible under section 14.2;

(e) a breach of applicable health, safety, employment, safeguarding, privacy or data-protection law attributable to the Client; or

(f) use which causes the Agency or Model / Talent to breach an existing exclusivity known to or disclosed to the Client.

16. FASHION SHOWS

16.1 A fashion-show booking permits the Model / Talent to perform in the specified show.

16.2 Photographs and video of the show may be created for genuine editorial/reporting coverage of that show unless otherwise agreed.

16.3 Any separate commercial use, advertising, paid social, e-commerce, lookbook, campaign, broadcast, promotional edit, brand film, live-stream exploitation or other additional use must be expressly agreed with
the Agency.

17. MUSIC VIDEOS, PROMOTIONAL FILMS AND MOVING IMAGE

Fees and usage for music videos, promotional films, branded films and other moving-image work will be agreed on a case-by-case basis. Unless expressly agreed otherwise, the performance/shoot fee does not include unrestricted or perpetual commercial usage.

18. TEST AND EXPERIMENTAL PHOTOGRAPHY

18.1 Test, editorial-development and experimental photography arranged or approved as non-commercial material may not be commercially exploited without the Agency’s prior written approval.

18.2 The photographer and Client must not sell, license, syndicate, use in advertising or otherwise commercially exploit test material unless a separate commercial agreement is made with the Agency.

19. INTELLECTUAL PROPERTY, IMAGE AND LIKENESS RIGHTS

19.1 The Client, photographer and any person obtaining material through them may use Talent Materials only within the Permitted Use and any additional usage expressly agreed under these Terms.

19.2 All rights not expressly granted are reserved to the relevant rights holder, including the Model / Talent and/or Agency as applicable.

19.3 No general wording in a purchase order, production release, photographer release, call sheet, platform terms or other Client document expands the rights granted by the Agency unless expressly accepted in writing by the Agency.

19.4 The Client must draw the relevant usage restrictions in these Terms and the Booking Confirmation to the attention of photographers, production companies and other parties receiving the Talent Materials.

19.5 Unless expressly agreed otherwise, the Agency and Model / Talent may use final images or footage resulting from the booking for portfolio, showreel, website, social-media, agency roster, archive and self-promotional purposes, provided such use does not amount to a separate commercial endorsement of an unrelated third party.

19.6 Nothing in this section grants AI or synthetic-media rights, which are governed separately by section 3.2.

20. LIABILITY AND INSURANCE

20.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability which cannot lawfully be excluded.

20.2 Subject to section 20.1 and to the maximum extent permitted by law, the Agency’s aggregate liability arising out of a booking shall not exceed the Agency fees paid or payable in connection with that booking.

20.3 Subject to section 20.1, the Agency is not liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, anticipated savings, goodwill, reputation, production costs, product recall costs, or losses arising from failure of a Model / Talent to attend.

20.4 The Client must maintain appropriate insurance for the booking and its production, which may include cancellation, public liability, employer’s liability or equivalent cover where applicable, equipment, travel and other insurance reasonably appropriate to the nature and location of the work.

21. CONTRACT AND AUTHORITY

21.1 All commercial matters relating to the Model / Talent’s services, fees, image, likeness, usage, exclusivity, extensions and renewals must be negotiated through the Agency.

21.2 The Client must not seek to negotiate directly with the Model / Talent in order to vary or circumvent the booking terms.

21.3 A signature, release, waiver or purported verbal agreement obtained directly from the Model / Talent does not vary the Booking Confirmation or these Terms unless the Agency expressly agrees the variation in writing.

22. COMPLAINTS

22.1 Any issue concerning the Model / Talent’s performance or the booking should be raised with the Agency as soon as reasonably practicable while the Agency still has an opportunity to address it.

22.2 The Model / Talent is an individual professional and, subject to liability which cannot lawfully be excluded, the Agency is not responsible for every act or omission of a Model / Talent outside the Agency’s reasonable control.

23. FORCE MAJEURE

23.1 Neither the Agency nor Model / Talent is liable for delay or failure caused by an event beyond reasonable control, including severe weather, fire, flood, natural disaster, epidemic or pandemic, war, terrorism, civil disorder, industrial action, transport failure, governmental restriction, border closure, illness, accident or other comparable event which could not reasonably have been prevented.

23.2 Obligations affected by such an event are suspended for the period and to the extent reasonably necessary.

24. DATA PROTECTION AND PRIVACY

24.1 Each party must comply with applicable data-protection and privacy law, including where applicable the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, the Data (Use and Access) Act 2025 and any legislation amending, replacing or supplementing them (“Data Protection Legislation”).

24.2 Each party’s status as controller, joint controller or processor will be determined by the circumstances and applicable Data Protection Legislation rather than by
label alone.

24.3 Where the Agency provides the Client with personal data relating to a Model / Talent, the Client may use that data only for legitimate purposes connected with the booking or as otherwise lawfully authorised.

24.4 The Client must:

(a) implement appropriate technical and organisational security measures;

(b) restrict access to persons who reasonably require it for the booking;

(c) not retain personal data for longer than reasonably necessary or legally required;

(d) notify the Agency without undue delay of any material personal-data breach affecting information supplied by the Agency;

(e) reasonably assist the Agency with valid data-subject rights requests where relevant; and

(f) ensure any third party receiving the personal data is subject to appropriate confidentiality and data-protection obligations.

24.5 International transfers of personal data must comply with the transfer requirements of applicable Data Protection Legislation.

24.6 The Agency’s Privacy Policy, as updated from time to time, provides further information about its processing of personal data.

24.7 Nothing in this section authorises the creation or processing of biometric templates, digital replicas, AI training datasets, embeddings or other AI-related likeness data contrary to section 3.2.

25. INTERPRETATION, GENERAL TERMS AND PRIORITY

25.1 These Terms and the Booking Confirmation constitute the agreement between the Client and Agency for the relevant booking and supersede earlier discussions concerning that booking.

25.2 Client purchase-order terms, supplier terms, platform terms or other standard conditions do not apply unless expressly accepted in writing by the Agency.

25.3 If a Booking Confirmation expressly varies a provision of these Terms for that particular booking and the variation is accepted by the Agency in writing, that express variation prevails. Otherwise these Terms prevail.

25.4 If any provision is invalid or unenforceable, it will be severed or limited to the minimum extent necessary without affecting the remaining provisions.

25.5 Failure or delay in exercising a right is not a waiver of that right.

25.6 Rights and remedies under these Terms are cumulative.

25.7 The Client may not assign, transfer or sublicense the booking or any usage right without the Agency’s prior written consent.

25.8 The Client and any ultimate client for whom it acts shall, where applicable, be jointly and severally responsible for obligations expressly stated to apply to both.

25.9 The Model / Talent may enforce provisions expressly intended for their benefit, including provisions concerning payment, usage, welfare, AI, indemnity, image rights and safety, to the extent permitted by the Contracts (Rights of Third Parties) Act 1999.

25.10 The provisions concerning payment, usage, AI, confidentiality, indemnity, intellectual property, liability, data protection and any other provision intended by its nature to continue shall survive completion, termination or expiry of the booking.

25.11 No variation is binding unless agreed in writing by an authorised representative of the Agency.

26. GOVERNING LAW AND JURISDICTION

26.1 These Terms and each booking are governed by the law of England and Wales.

26.2 Subject to any mandatory jurisdiction which cannot lawfully be excluded, the courts of England and Wales have exclusive jurisdiction over disputes arising out of or in connection with these Terms or a booking.

26.3 Nothing in this section prevents the Agency, where legally permitted and reasonably necessary to protect or enforce its rights, from seeking urgent or protective relief in another court of competent jurisdiction.