Article 1 General Remarks

The following provisions are intended to govern legal relations between models/talents, agencies and the respective clients in a binding manner, unless other agreements shall have been expressly made for specific cases.

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Article 2 Basis for booking

1. (1)  The agency shall make declarations to the client in the name and on behalf of the model/talent. A client shall be defined as one who books with the agency, unless otherwise agreed in writing at the time of booking.

2. (2)  The client shall owe the agency a commission. Unless agreed otherwise, this commission shall amount to 20 % of the payment plus VAT. The carrying out of extensive and time-consuming flight bookings will be billed separately.

3. (3)  The agency shall not bear any liability arising from this arranged legal relationship. Any claims of the client against the model/talent may not be offset against the agency's claim to a commission, nor shall the client be entitled to exercise a right of retention.

4. (4)  The client also shall owe the agency a commission for subsequent bookings as long as the model/talent is represented by the agency. The client shall undertake to refrain from direct bookings which circumvent the agency.

 

Article 3 Details of Bookings

1. (1)  Options
   Options are reservations subject to a binding date. An option shall terminate if the client shall 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. Spanish 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/talent, the client shall be informed of his option's priority. If an option should lapse, subsequent options shall move up in priority.

2. (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. (3)  Weather-related bookings
   Weather-related bookings must be expressly denoted as such. 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 payment.

 

Article 4 Working Hours

1. (1)  The working hours for a booking by the day shall amount to eight hours, for a half-day booking, four hours.

2. (2)  The working hours shall begin when the model/talent meets the client at the agreed location at the agreed time. Preparations such as makeup and hair styling shall count as working hours.

3. (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. (4)  Travel model/talent 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 favor and not put to account.

 

Article 5 Payment

The payment shall include the daily fee and the buyout for rights of usage plus any VAT which may apply.

The payment for half-day bookings shall amount to at least 60 % of the daily fee for models/talents residing at the location. Half-day bookings and bookings by the hour shall always require a separate agreement for models/talents who must travel to the place of work.

 

Article 6 Travel Expenses

(1) Recompense for days of travel
The models/talents travelling to and from the location shall only be recompensed if it falls, in whole or in part, within the usual working hours for models/talents. The recompense 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/talents residing at, or not travelling to, the location shall not receive a refund for costs of overnight stays or accommodations.
For all trips taken together with the model/talent, 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.

 

Article 7 Terms and Conditions of Payment

The payment, including cancellation payment, recompense for days of travel, travel expenses and agency commission shall be due upon receipt with no discounts, except tax regulations.

Article 9 Complaints, Liability

1. (1)  In the event of complaints, the client must inform the agency immediately and state the grounds for the complaint. Photographs must be taken immediately and send to the agency via e-mail to provide evidence for the complaint. The model/talent must then be expressly released from the obligation to work. The model/talent shall not be considered responsible for hair styling, styling and makeup. If photographs are nevertheless taken using the model/talent, the client shall be considered as having waived all rights to complaint.

2. (2)  If the model/talent should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the model/talent shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to be partially or entirely impossible, then the model/talent shall lose the proportionate claim to a daily fee on the basis of the overtime rate.

3. (3)The client must take out an appropriate insurance policy for models/talents involved in particularly hazardous shots. If the agency was not expressly informed of the hazard at the time of booking, the model/talent shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 70 % of the entire fee which was agreed.

4. (4) Further claims shall be subject to general statutory regulations. The models/talents liability as well as that of the agency, on any legal grounds whatever, shall be restricted to double the amount of the total fee, except in cases of gross negligence and wrongful intent.

 

Article 8 Cancellations

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1 Cancellation of booking by the client within 24 hours of the booking call time the full booking fee will be charged and payable by the client unless the same talent is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable by the client.

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1.2 Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then half the booking fee will be charged and payable by the Client.

1.3 The full booking fee will be charged and payable by the Client for bookings of more than three days duration: within a period equal to or less than the length of the booking, then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.

8.2 Cancellation of booking by the Agency

8.2.1 Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.

8.2.2 In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the Client and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such cancellation.

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8.3 The Client acknowledges, accepts and agrees the Talent is independent and self-employed and is not a worker. The Talent has a right to control entirely the manner in which they perform each booking which may involve the Talent requiring a substitute who attends and/or performs the booking. The Client acknowledges the need to procure appropriate insurance.

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8.4 This Agreement shall immediately and automatically terminate on completion by the Talent of the services specified in the Booking Confirmation and the use of any ongoing rights (if any) granted strictly in accordance with the Agreement terms unless terminated earlier by the Agency in accordance with section 9.5 below.

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8.5 The Agency may terminate this Agreement immediately on written notice to the Client without liability to the Agency, and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such termination and any associated liability and the Agency shall not be liable to the Client for any costs incurred as a result of such termination, in the following circumstances:

8.5.1 there are sums owing to the Agency by the Client under this Agreement and such sums are not paid by the Client within 14 days of the due date for payment;

8.5.2 the Client commits any other material breach of any of its obligations under this Agreement

8.5.3 any meeting of creditors of the Client is held or any arrangement or composition with or for the benefit of its creditors is proposed or entered into by or in relation to the Client (other than for the purpose of a bona fide reconstruction or amalgamation);

8.5.4 a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession of or is appointed over or any distress, execution or other process is levied or enforced (and is not discharged within seven days) upon the whole or any substantial part of the assets of the Client;

8.5.5 the Client ceases or threatens to cease to carry on business or is or becomes unable to pay its debts.

8.5.6 a petition is presented, or a meeting is convened for the purpose of considering a resolution, for the making of an administrative order, the winding-up, bankruptcy or dissolution of the Client; and/or any event analogous to any of the foregoing occurs in any jurisdiction.

 

 

Article 9 Rights of Use, Buyout

1. (1)  Unless otherwise agreed, paying the agreed models/talents fee shall give the client exclusively all rights of use to the photographs for one year within the territory of the country where the client resides for the agreed use, the agreed product and the agreed form of use. Rights of use expressly exclude use in machine-readable form. The limit of one year shall begin at the time of first actual use, but no later than six months after the photographs were taken.

2. (2)  Any utilizations going beyond those listed above, in particular for posters, billboards, packaging, displays, videos, as well as any use of the models/talents name, shall require the express written consent of the agency.

3. (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.

 

Article 10 Final Provisions

1. (1)  Spanish law shall apply to all parties to these booking conditions, agency, client and model/talent. 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. (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 enjoining the models/talents to alter or make additions to the bookings during the days of work.

3. (3)  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.

4. (4)  Legal venue for fully qualified merchants, legal entities under public law and clients without a place of general jurisdiction in Spain shall be the place of business of the agency.