Standard Booking Conditions of MEGA TOP-MODEL-IMAGINARY-AGENCY Agency
The following provisions are intended to govern legal relations between the models, the model agency and the respective clients in a binding manner, unless other agreements shall have been expressly made for specific cases. This conditions are set up to protect models, agencies and clients from expectations and demands which are not common practice in the trade.
Basis for booking
(1) The agency shall make declarations to the client in the name and on behalf of the model. A client shall be defined as one who books with the agency, unless otherwise agreed in writing at the time of booking.
(2) The client shall owe the agency a commission. Unless agreed otherwise, this commission shall amount to 20 % of the model's fee, or of the cancellation fee, plus VAT or a agreed fixed amount. The agency shall not bear any liability arising from this arranged legal relationship. Any claims of the client against the model may not be offset against the agency's claim to a commission, nor shall the client be entitled to exercise a right of retention.
Details of Bookings
(1) Options Options are reservations subject to a binding date. An option shall terminate if the client does not make a confirmed booking no later than three workdays (by 6:00 p.m.) before the start of work or within one workday after being requested to do so by the agency. Saturdays and Sundays shall not be considered workdays. German calendar time shall apply. Options shall be noted down in the order in which they are received. If a client's option is not the first option for a specific model, the client shall be informed of his option's priority. If an option should lapse, subsequent options shall move up in priority.
(2) Confirmed bookings
Confirmed bookings shall be considered binding for both parties. At the client's request, the agency must confirm them in writing without delay, indicating essential details.
(3) Weather-related bookings
Weather-related bookings are only permissible at the model's place of residence and must be expressly denoted as such. Unless agreed otherwise, these shall be considered as referring to “fair-weather” bookings. If weather conditions are not as desired or if they are unforeseeable, the client may cancel the booking with the agency up to one hour before the agreed start of work. In this case, the cancellation fee shall amount to 50 % of the agreed model's fee.
(1) A confirmed booking can be cancelled for important reasons. Cause for cancellation shall also be conditions which make the confirmed booking economically unacceptable. The agency must be informed of the cancellation without delay.
(2) The cancellation must be made as many workdays before the start of work as the number of workdays and travel days that have been booked, however a minimum of three days beforehand.
(3) Should the cancellation be made before 12 noon, this day shall count in making the calculation. Saturday and Sunday shall not be considered workdays. Swiss calendar time shall apply.
(4) Bookings by the day or hour must be cancelled 24 hours prior to the start of work.
(5) If the model should make the cancellation, the agency shall make every effort, even calling in another agency if necessary, to find an adequate substitute for the client. The agency cannot be held responsible for not being able to find such a replacement model.
(6) If the cancellation should be late or without cause, the agreed model's fee must be paid to the model and the agency fee to the agency.
(1) The working hours for a booking by the day shall amount to eight hours, for a half-day booking, four hours. Unless agreed otherwise, the working hours for a booking by the day shall begin at 9:00 a.m. and end at 6:00 p.m. with a one-hour break for lunch.
(2) The working hours shall begin when the model meets the client at the agreed location at the agreed time. Preparations such as makeup and hair styling shall count as working hours.
(3) Overtime shall be remunerated at 15 % of the agreed daily fee for each hour or part of an hour. If the working hours are exceeded by 30 minutes or less, this will be considered a favour and not put to account.
(4) Travel together with the client from the hotel to the place of work (location) and back again shall be included in the working hours. Travel time amounting to a maximum of one hour per day shall be considered a favour and not put to account.
The model's fee shall be paid directly by the client to the model after finishing the job by cash or by check. If the model is not paid directly, an additional fee of 30% of the negotiated fees will be added for administrative costs, social welfare benefits, insurance, etc. and has to be paid additionally. Foreign models have to be paid to the agency because of Swiss tax regulations. In this case, the additional fees of 30% do not have to be paid. The fees include the daily fee and the buyout for rights of use regarding the prior made agreement plus any VAT which may apply.
(1) Fashion rate
This shall include all photographs of clothing and accessories appurtenant to fashion (night-clothes, jewelry, stockings, shoes, hairdos, eyeglasses, etc.), which are designed in connection with fashion, as far as this does not involve advertising.
(2) Special fee
Underclothes, corsets, nudes, consumer goods advertising, advertising with photographs at the fashion rate and advertising films shall require a separate agreement.
(3) Half-day bookings and bookings by the hour
The model's fee for half-day bookings shall amount to at least 60 % of the daily fee for models residing at the location. Half-day bookings and bookings by the hour shall always require a separate agreement for models who must travel to the place of work.
(1) Compensation for days of travel The model's travel expenses to and from the location shall only be compensated if they fall, in whole or in part, within the usual working hours for models. The compensation for days of travel shall amount to:
up to 2 workdays: 1 daily fee
up to 4 workdays: 1/2 daily fee
5 or more workdays: no recompense for days of travel, unless the travelling time takes up an entire workday.
(2) Travel expenses
Models residing at, or not travelling to the location shall not receive a refund for costs of overnight stays or accommodations. Except for half-day bookings or bookings by the hour, costs of transportation by taxi will only be reimbursed from the city limits. For all trips taken together with the model, the client shall bear the costs of travel, overnight stays and accommodations from the airport or train station from which the model departs. The remuneration shall be made in a lump sum conforming to the standard fiscal rate per workday or upon submission of the receipts. If the model should work for several clients at one location, the costs for each workday will be divided up accordingly.
Terms and Conditions of Payment
Travel expenses must be paid in the local currency in Euros at the buying rate; other payments must be made in Euros. The agency fees has to be paid 14 days after the date of invoice directly to the agency. After this, an amount of Euro 20.00 will be added and also an amount of 1% of the total amount as an interest fee. Modelling is usually not subject to VAT payment. If uncertain about such VAT payments, please contact the local government office dealing with such cases. The agency is in no case liable for accidents or mishaps. Insurance lies in the responsibility of the client. The client is responsible for any insurance. If risky work has to be done by the model then the client has to make a special additional insurance covering that specific job. The client guarantees the direct payment of the agreed model fees and agency fees. Verbal Agreements are common practise in this business. The client agrees and fully accepts these standard booking conditions even if the agreement is made verbally.
(1) In the event of complaints, the client must inform the agency immediately and state the grounds for the complaint. Polaroid photographs must be taken to provide evidence for the complaint. The model must then be expressly released from the obligation to work. The model shall not be considered responsible for hair styling, styling and makeup. Proven client complaints shall revoke any obligation to pay for this model, including travel expenses. If photographs are nevertheless taken using the model, the client shall be considered as having waived all rights to complaint.
(2) If the model should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the model shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to be partially or entirely impossible, then the model shall lose the proportionate claim to a daily fee on the basis of the overtime rate.
(3) The client must take out an appropriate insurance coverage for models involved in particularly hazardous shots. If the agency was not expressly informed of the hazard at the time of booking, the model shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 65 % of the entire fee which was agreed.
(4) The agency acts just as an agent and takes no liability in any case. For proper insurance the client is fully responsible.
(5) In case of the model being hindered due to an accident or illness, the agency has to be immediately informed, so that a replacement model can be found. A written proof of such a hindrance must be given to the client. The agency is not liable for the absence of a model.
Rights of Use
(1) Unless otherwise agreed, paying the agreed model's fee shall give the client exclusively all rights of use of the photographs for one year within the Federal Territory of Germany for the agreed use, the agreed product and the agreed form of use (Copyright for 1 Year, 1 Country, 1 Product). Buyout has to be agreed on separately with the agency). Buyout negotiations with the model are invalid and will not be accepted. The limit of one year shall begin at the time of first actual use, but no later than two months after the photographs were taken. Any further Copyrights have to be discussed with the agency and agreed to by the agency.
(2) Any utilizations going beyond those listed above, in particular for posters, billboards, packaging, displays, videos, as well as any use of the model's name, shall require the express written consent of the agency. Digital storage of the photographs shall be prohibited as a matter of principal and may only be undertaken with express written consent stating the exact purpose.
(3) Rights of use shall not be granted until the agreed buyout has been paid. Any utilization before the agreed amount has been fully paid, shall be prohibited. The same applies to Copyright.
(4) For reasons of privacy protection, photographs can only be used for those purposes agreed to with the agency. No photographs may be given to third parties or published anywhere, without the express written approval of the agency.
(5) If the negotiated use can not be done by the client, the payment can not be returned or held back.
(1) German law shall apply to all parties to these booking conditions, agency, client and model. Place of performance for all obligations arising from the bookings in connection with rights of use shall be the place of business of the agency.
(2) The client shall undertake to make alterations or supplements to the bookings and deviations from these booking conditions only after previous consultation with the agency and shall refrain from enducing the models to alter or make additions to the bookings during the days of work.
(3) The terms of the booking conditions are an integral part of the client contract and are binding for all parties , i.e. the client, the agency and the model. Alterations of these booking conditions are only possible by means of a written request to be approved by all parties involved.
(4) Should any individual provisions of these booking conditions be ineffective, this shall not affect the validity of the remaining provisions. In the place of the ineffective provision, that provision shall be considered agreed which best approximates the original intent and purpose. The same applies to filling loopholes in the contract.
(5) German law applies. Legal procedures can only be carried through by German law-courts. German law for place of jurisdiction applies.
MEGA TOP-MODEL-IMAGINARY-AGENCY Agency
EUROPE, March 2011