The following performances are intended to regulate the legal relationships between the models, agency and respective customers in a binding manner, unless expressly agreed otherwise in individual cases. A cancellation of a booking must inany case be made in writing (e-mail, fax, letter), stating date and time.
§2 ACCOUNTING PRINCIPLES
(1)The agency makes declarations to the client in the name and on behalf of the models. The client is deemed to be the person who books with the agency, unless expressly agreed otherwise in writing at the time of booking. (2) The client owes the agency the agency commission. Unless otherwise agreed, this commission amounts to 25% of the agreed model fee or the cancellation fee to be paid plus VAT. Any liability of the agency from the mediated legal relationship is excluded. The client is not entitled to offset claims against the model with the agency’s commission claim 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 bythe agency. Direct bookings bypassing the agency are not permitted.
§3 BOOKING MODALITIES
(1) Options are binding reservations. An option expires if a booking is not made at the latest three days (by 7 p.m.) before the start of the activity or within one working day after request by the agency. Saturdays as well as Sundays are not working days as mentioned above. The German time calculation is valid. Options are noted after receipt of booking. If it is not a first option, the customer will be informed about the rank of the option. If an option expires, subsequent options move up in order. (2) Firm bookings are binding for both the customer and the agency. At the request of the customer, they are to be confirmed by the agency immediately in writing, stating essential details. Weather-related bookings are onlypossible at the location of the model and must be expressly designated as such. Unless otherwise agreed, these are fair-weather bookings. If the weather conditionsare not available or if the weather situation is unclear, the client may cancel the booking vis-à-vis the agency up to one hour before the agreed start of work at the latest. In this case the cancellation fee amounts to 50% of the agreed fee and is to be set off against the agency or a right of retention is to be asserted. (3) TheThe client owes the agency commission also for subsequent bookings as long as the model is represented by the agency. Direct bookings and thus the circumvention of the agency are inadmissible.
(1) A firm booking may be cancelled for good cause. An important reason for cancellation are circumstances that make the execution of the booking economically unreasonable. The Agency shall be notified of the cancellation without delay. (2) The cancellation must be made as many working days before thestart of work as the number of working and travel days booked, but at least three 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) Day and hour bookings must be cancelled 24 hours before the start of work. (5) If the cancellation is made by the model, the agency will make every effort to find an adequate replacement.
§5 WORKING TIME
(1) For a day booking the working time is 8 hours, for a half-day booking 4 hours. Unless otherwise agreed, the working time of a day booking lasts from 9.00 a.m. to6.00 p.m. plus one hour break. (2) The working time begins with the arrival of the model at the agreed location at the agreed time. Preparation times such as hair/make-up count as working time. (3) Overtime shall be remunerated at 15% of the agreed daily fee per hour. Exceeding the working time by up to 30 minutes willnot be charged as a gesture of goodwill. (4) The joint arrival and departure of model and client between hotel and place of work counts as working time. Arrivalsand departures of up to one hour per day will not be charged as a gesture of goodwill.
The fee includes the daily fee and the fee for rights of use plus VAT. (1) Fashion rate This includes all shots of clothing and accessories belonging to fashion (nightwear, jewellery, stockings, shoes, hairstyles, glasses, etc.), which are designed in connection with fashion, insofar as it is not advertising. (2) Special fee corsetry, daywear, nude, consumer goods advertising, advertising with shots at the fashion rate and advertising films require a separate agreement. (3) Half-day and hourly bookings The fee for half-day bookings shall be 60% of the daily fee for models resident at the place of work. Half-day bookings of models travelling to theplace of work and hourly bookings always require a separate agreement. If the cancellation of a bookingshorter than 24 hours before the actual start of work of the model, the negotiated fee of the model is to be paid by the client in full.
§7 TRAVEL COSTS
(1) Reimbursement for travel days A model’s journey to and from the place of work shall only be reimbursed if it takes place in whole or in part during the model’s normal working hours. The daily travel allowance is up to 2 working days:daily fee, up to 4 working days: ½ daily fee, from 5 working days: no daily travel allowance, unless the arrival or departure extends over more than 1 working day. (2) Travel expenses In the case of models who are resident at the place of work or who have not travelled to the place of work, accommodation and meal costs will not be reimbursed. With the exception of half-day and hourly bookings, taxi costs will only be reimbursed from the city limits. In the case of joint travel, the client shall bear the travel, board and lodging costs incurred from the airport or railway station of the departing model. The lump sum for meals shall be based on the standard tax rates per working day; reimbursement shall only be made upon presentation of receipts. If the model works for several clients at the place of work,the costs incurred shall be divided according to the respective working days.
§8 COMPLAINTS, LIABILITY
(1) In the event of complaints, the customer shall inform the agency immediately and state the reasons for the complaint. Polaroids are to be made as proof of the complaint. Thereafter, the model is to be expressly released from his or her duty to work. In the case of justified complaints proven by the client, any obligation to payfor this model, including travel expenses, shall be waived. If, however, photographs are taken with the model, this shall be deemed to be a waiver by the client of any justified complaint. (2) In case of culpable delay of the model (oversleeping, missed plane etc.) the model has to work correspondingly longer. If this is not possible or only partially possible due to special circumstances, the model shall lose his/her pro rata daily fee claim based on the overtime fee. (3) In the case of particularly high-risk shoots, the client shall take out appropriate insurance for the model. If the Agency has not been expressly informed of the risk to be assumed when the booking was made, the model shall be entitled to refuse performance and shall receive a cancellation fee of 70% of the agreed total fee. (4) Further claims shall be governed by the general statutory provisions. The liability of the model and his agency for any legal reason shall be limited to twice the total fee, except in cases of intent and gross negligence.negligence. (5) The model is not responsible for hairstyling and make-up.
The fee of the models including cancellation fee, travel allowance and travel expenses will be paid in local currency or in Euro at the buying rate, the other payments will be made in Euro.
§10 RIGHTS OF USE
(1) Unless expressly agreed otherwise in writing, the rights of use to the recordingsare granted exclusively to the named customer for one year within the Federal Republic of Germany for the agreed purpose, the agreed product and the agreed form of use with the agreed fee. The one-year period begins with the actual use, at the latest 2 months after the creation of the recordings. (2) Any further use (such asposters, billboards, packaging, displays, videos as well as any use of the model’s name) requires the express written consent of the Agency. Digital storage of the photographs is generally NOT permitted and is only possible with express written consent stating the specific purpose of use. (3) Rights of use shall only be granted upon payment of the agreed fee. Any use before full payment of the agreed fee is not permitted.
§11 FINAL PROVISION