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| Terms and conditions |
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Following you will find general terms and conditions of Models Organisation Service GmbH, President Ingrid Martin, Fichtenstraße 13, 88097 Eriskirch, Amtsgericht - Registergericht Ulm - HRB 723169
§1 General
The following conditions are binding and meant to regulate business relations between models/performers (in the following models), agency MOS (in the following MOS) and the respective customer. Except predefinitions on an individual basis were made.
§2 Basic Booking Conditions
| (1) | |
MOS negotiates for and in the name of the model. The ones who place their bookings with MOS are considered customers. Except predefinitions on an individual basis were made. | |
| (2) | |
Customer is liable to pay commission. Unless otherwise noted the commission amounts to 15% of the agreed upon model fee or the fee due in case of cancellation, plus VAT. Liabilities of any kind are excluded. Customer is not entitled to balance claims against the model with due commission to MOS. Neither can the customer claim the right of retention. | |
| (3) | |
For additional and/or further bookings customer has to pay commission to MOS as long as model is being represented by MOS. Direct booking with the model is unacceptable. . | |
§3 Booking Modality
| (1) | |
Options are bookings with deadlines. If no binding booking is made three days prior to deadline (6 p.m. by the latest) or within one working day upon the final call by MOS the option expires. German calculation of time is effective. Options are noted according receipt of bookings. In case of more than one interested party, customer will be informed accordingly. If an option expires move up will be in chronological order. | |
| (2) | |
Bookings are binding for all parties. MOS has to immediately confirm booking (incl. all relevant information) in writing upon customer demand. | |
| (3) | |
Weather dependant bookings can only take place at the model?s domicile/residence. They have to explicitly be identified as such. These bookings are known to be fair weather bookings. Cancellation of contract possible till 1 hour prior to agreed upon start of work if weather conditions are not as desired. Commission in this case will be 50% of the agreed upon model fee. | |
§4 Cancellation
| (1) | |
Binding booking can be cancelled with good cause. Also a good cause are circumstances in which case the execution of the contract would lead to economic disaster. MOS has to be notified immediately in case of cancellation. | |
| (2) | |
Cancellation time equals booking time. (number of booked working and travel days for the model are the time granted to cancel contract in time ? but no less than three working days prior to the date when business should have taken place) | |
| (3) | |
Calculation of commission will include the day of cancellation if made by 12 noon. Saturdays and Sundays are not considered working days. German calculation of time is effective | |
| (4) | |
Day- and hour-bookings have to be cancelled within 24 hours. | |
| (5) | |
In case of cancellation by the model, MOS will do its utmost (in cooperation with other agencies if necessary) to provide an adequate substitute. | |
§5 Working Schedule
| (1) | |
Day bookings consist of eight working hours. Half day bookings consist four working hours. . | |
| (2) | |
Work will be timed upon arrival of model at the designated location and time. Time for preparation such as make-up and styling are part of the calculated working hours. | |
| (3) | |
Overtime will be charged additionally ? hourly rates will be calculated (agreed upon daily fee converted into hourly price plus 15%). Overtime of up to 30 minutes will not be charged (goodwill) | |
§6 Model Fee
Model fee includes daily rate and usage rights plus VAT
| (1) | |
Fashion rates: these include all shootings of fashion and fashionable accessories, (night-/sleepwear, jewellery, shoes, glasses, stockings and so on) which are fashion connected as long as they are not used commercially. | |
| (2) | |
Special rates are due for shootings of corsetry, underwear, nudes and consumer goods. Fashion shootings used commercially need a special agreement. | |
| (3) | |
Day and half a day bookings: Model fee for half day bookings (at the model´s domicile/residence) amount to 60% of the daily rate. Half a day booking where models have to drive or fly to shootings always need a special agreement. | |
§7 Travel and Accommodation Expenses
| (1) | |
Reimbursement of travel cost: reimbursement of travel cost only if model. For reimbursement for up to two working days 60% auf the daily rate will be charged. For up to four working days 50% of the daily rate will be charged. No reimbursement for more than five working days | |
| (2) | |
Daily allowance: for residing and non travelling models no daily allowances or accommodation due. Taxi fees will be paid outside city limits (exception: half a day and hourly bookings). Daily allowance according to fiscal guidelines per work day. Reimbursement only upon presentation of receipts. In case model works for more than one customer in the same place of work cost will be divided accordingly. | |
§8 Terms of Payment
Charges plus allowances of booking have to be paid immediately and in full after production. MOS sends detailed invoice (model fee, commission etc.).
Model will get paid as soon as MOS received payment of customer in full. MOS can not guarantee model fees in case customer fails payment. Negotiation of fee will take place prior to booking and will be put down in writing. Negotiations at a later time are unacceptable. Financial affairs are made by MOS as agency only. Sub agreements are not substantial and are unacceptable.
§9 Objections/complaints and Liability
| (1) | |
In case of complaints customer has to inform the agency immediately and accordingly. Pictures (polaroids or digital prints) as proof have to be provided. Model has to be stopped working right away and to be released from her/his working obligation. If complaint is accepted by the agency no payment has to be made and all already paid fees, travel expenses, allowances etc., will be paid back. | |
Should however a shooting take place despite the complaints these are considered to be unfounded.
| (2) | |
Is the model late due to personal negligence (oversleeping, missed airplane etc.) model has to make up the time. If this is no option due to certain circumstances or just partially possible the model will loose part of her/his daily fee according the overtime regulation. | |
| (3) | |
Higher risk shootings have to be covered accordingly. In case higher risk wasn´t mentioned prior to conclusion of contract then the model has the right to refuse and is entitled to a deficiency payment of 70% of the whole fee. | |
| (4) | |
Further demands are based upon general terms and conditions of the law. Liability of model and or MOS is limited to max. two times the fee except wilful intent or gross negligence are proven facts. | |
§10 Right of Usage
| (1) | |
Right of use to the known customer is being granted for one year only after payment of model fee except other agreements were made. This granted right of use is valid for Germany only as well as the agreed upon intended use, product and way of utilization. One-year-period will start with the first time of usage or after two months after the shooting by the latest. | |
| (2) | |
Further usage such as poster, packaging, displays, videos or usage of model name has to be agreed upon in writing by MOS. Pictures of shooting may not be digitally safed except good cause is proven and agreed upon. | |
| (3) | |
Right of use will only be granted if payment was made in full. Usage prior to full payment is unlawful and unacceptable. | |
§11 Final Clause
| (1) | |
German law is applicable in case of bookings between the parties (MOS, model and customer). Place of fulfilment of all obligations (due to the booking and the right of usage) is the domicile of MOS. | |
| (2) | |
It is mandatory that the customer will adhere to the contract and that no alterations or additions to the booking contract are being made without prior agreement of MOS. It is also not allowed to ask the model to alter or ad to the contract during his/her working day. | |
| (3) | |
Moreover, an invalid provision or contractual omission does not invalidate the whole contract. Instead of the ineffective clause the one that comes closest to the intended purpose has validity. Contractual gaps will be handled accordingly. | |
| (4) | |
Court of jurisdiction is Germany, domicile of MOS (goes for registered merchants, incorporations, public corporations and customers with no general court of jurisdiction. | |
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