The following provisions are intended to regulate the legal relationships between the models, model agencies and respective clients in a binding manner, unless expressivly agreed upon differently in individual cases.
(1) The agency makes declarations to the client in the name and on behalf of the model. The client shall be deemed to be the person booking with the agency, unless expressly agreed otherwise in written form at the time of booking.
(2) The client owes the agency the agency commission. Unless otherwise agreed, this shall amount to 20% of the agreed model fee or the cancellation fee payable plus VAT. Any liability of the agency arising from the mediated legal relationship shall be excluded. The client shall not be entitled to offset claims against the model with the agency's commission or to assert a right of retention.
(3) The client shall also owe the agency commission for subsequent bookings as long as the model is represented by the agency. The client agrees to refrain from direct bookings bypassing the agency.
(1) Options - Options are binding reservations. An option expires if a firm booking is not made at the latest three working days (by 6 p.m.) before the start of the activity or within one working day of a request by the Agency. Saturday and Sunday are not working days. German time calculation is valid. Options will be noted after the booking request has been received. If it is not a first option, the client will be informed of the rank of the option. If an option expires, subsequent options move up in the ranking order.
(2) Confirmed bookings - Confirmed bookings are mandatory for both parties. On demand of the client, they shall be confirmed by the agency in written form without delay, stating the essential details.
(3) Weather bookings - Weather-related bookings shall only be possible at the location of the model and must be explicitly declared as such. If the weather conditions are not available or if the weather situation is unclear, the client may cancel the booking with the agency no later than one hour before the agreed start of work. In this case, the cancellation fee shall be 50% of the agreed model fee.
(1) A confirmed booking may only be cancelled for valid reasons. Circumstances which make the execution of the fixed booking economically unreasonable shall also constitute an important reason for cancellation. The agency must be informed of the cancellation without delay.
(2) Cancellation has to be made as many working days prior to the start of work as there were working and travel days booked, but at least 3 working days.
(3) If the cancellation is made before 12 noon, this day shall be counted in the calculation. Saturday and Sunday are not working days. German time calculation applies.
(4) Daily and hourly bookings must be cancelled 24 hours before the start of work.
(5) If the cancellation is made by the model, the agency shall make every effort to find an adequate replacement for the client.
(6) If a cancellation is not made in time or without a valid reason, the agreed model's fee is to be paid.
(1) In the case of a day booking, the working time is 8 hours, in the case of a half-day booking it is 4 hours. Unless otherwise agreed, the working hours of a day booking shall be from 9.00 a.m. to 6.00 p.m. with a one-hour lunch break.
(2) The working time begins when the model arrives at the client's location at the agreed time. Preparations such as hair and make-up count as working time.
(3) Overtime shall be compensated at 15% of the agreed daily fee for each started hour. Exceeding the working time by up to 30 minutes for a daily booking will not be charged as a gesture of goodwill.
(4) The joint arrival and departure of the model and the client between the hotel and the place of work (location) shall count as working time. As a gesture of goodwill, arrival and departure (together) of up to one hour per day shall not be charged.
The model fee comprises the daily fee and the fee for rights of usage plus applicable VAT.
(1) Fashion rate - This includes all shoots of clothing and accessories belonging to fashion (nightwear, jewellery, stockings, shoes, hairstyles, glasses, etc.), which are designed in connection with fashion, as long as it is not advertising.
(2) Special fees - corsetry, lingerie, nude, consumer goods advertising, advertising with shootings at fashion rate and commercials require a separate agreement.
(3) Half-day and hourly bookings - The model fee for half-day bookings is at least 60% of the daily fee for models based at the place of work. Half-day bookings of models traveling to the place of work and hourly bookings always require a separate agreement.
(1) Travel fee - The model's travel to and from the place of work shall be reimbursed only if it takes place in whole or in part during the model's normal working hours. The travel reimbursement is as follows: up to 2 working days: 1 day's fee, up to 4 working days: 1/2 day's fee, from 5 working days: no travel reimbursement, unless the journey to and from the place of work extends over an entire working day.
(2) Travel Expenses - For models who reside at the place of work or who have not traveled to the place of work, lodging and meal expenses will not be reimbursed. Taxi expenses will be reimbursed, except for half-day and hourly bookings, only when departing from the city border. In case of joint travel, the client shall bear the travel, board and lodging costs incurred from the airport/railway station of the departing model. Reimbursement shall be made either as a lump sum according to the standard tax rates per working day or upon presentation of receipts. If the model works for several clients at the same place of work, the costs incurred shall be divided according to the respective working days.
(3) Travel expenses - Travel expenses of non-resident models shall be covered by the client upon agreement.
The model's fee including cancellation fee, compensation for travel days and travel expenses shall be paid net upon receipt of the invoice. Travel expenses shall be paid in local currency or in Euro at the buying rate, all other payments shall be made in Euro.
(1) In the event of complaints, the client shall immediately inform the agency and state the reasons for the complaint. Photos are to be taken as proof of the complaint. The model must then be expressly released from her/his work obligation. The model shall not be responsible for hair styling, styling and make-up. In the event of complaints proven by the client, any obligation to pay for this model, including travel expenses, shall be waived. If photographs are nevertheless taken with the model, this shall be deemed to be a waiver by the client of any complaint.
(2) If the model is delayed through her / his own fault (oversleeping, missed plane, etc.), the model shall work correspondingly longer. If this is not possible or only partially possible due to special circumstances, the model shall lose her/his pro rata daily fee claim based on the overtime fee.
(3) In the case of particularly high-risk shoots, the client shall provide appropriate insurance for the model. If the agency has not been expressly informed of the risk to be assumed at the time of booking, the model shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 70% of the agreed total fee.
(4) Further claims shall be governed by the general legal provisions. The liability of the model and her/his agency on any legal grounds whatsoever shall be limited to twice the total fee, except in cases of intent and gross negligence.
(1) Unless expressly agreed otherwise, the agreed model fee grants the rights of use to the photographs exclusively to the named client for one year within the Federal Republic of Germany for the agreed purpose, the agreed product and the agreed form of use. The one-year period begins with the actual use, at the latest 2 months after the creation of the images.
(2) Any further use, in particular for posters, billboards, packaging, displays, videos, as well as any use of the model's name shall require the explicit written consent of the Agency. Digital storage of the photographs is generally not permitted and is only possible with specific written consent stating the purpose of use.
(3) Rights of use shall only be granted upon payment of the agreed fee. Any use prior to full payment of the agreed fee shall be inadmissible.
(1) German law applies between the parties to these booking conditions, agency, client and model. The place of performance for all obligations arising from the booking in connection with rights of use shall be the registered office of the agency.
(2) The client undertakes to make changes or additions to bookings and deviations from these booking conditions only after prior consultation with the agency and to refrain from urging models to make booking changes or additions during working days.
(3) The validity of the booking conditions shall not be affected by the possible invalidity of individual provisions. In place of an invalid provision, that provision shall be deemed agreed which comes as close as possible to the intended purpose. The same applies to the filling of contractual gaps.
(4) The place of jurisdiction for fully qualified merchants, legal entities under public law and customers without a general place of jurisdiction in Germany is the registered office of the Agency.
