1 - General Information

These provisions are designed to govern the legal relationships between models, model agencies, and their respective clients in a legally binding manner, unless specific agreements have been explicitly made for individual cases. The aim is to protect members of the agency, the models they represent, and the clients of these models from unusual or unconventional expectations and demands within the industry.


2 - Booking Basis

The agency will represent the model and make declarations on behalf of the client. A client is defined as the party booking through the agency, unless otherwise specified in writing at the time of booking. The client is responsible for paying the agency a commission, typically amounting to 20% of the model's fee or the cancellation fee, plus applicable VAT.

The agency is not liable for any issues arising from this established legal relationship. Client claims against the model cannot be used to offset the agency's commission, nor does the client have the right to withhold payment.

The client also owes the agency a commission for subsequent bookings as long as the model is under the agency's representation. The client is obligated to avoid direct bookings that bypass the agency.


3 - Booking Details

Options: Options represent reservations with specific dates. An option expires if the client doesn't confirm the booking at least three workdays (by 6:00 p.m.) before the start of work or within one workday after agency request. Saturdays and Sundays are not considered workdays.

Confirmed bookings are binding for both parties, and the agency must promptly confirm them in writing upon request, including essential details.

Weather-Related Bookings: Weather-related bookings are only permitted at the model's place of residence and must be clearly labeled as such. Unless otherwise agreed, these are considered fair-weather bookings. If weather conditions are unfavorable or unforeseeable, the client may cancel up to one hour before the agreed start of work, with a cancellation fee of 50% of the agreed model's fee.


4 - Cancellation

A confirmed booking can be canceled with valid cause, including conditions that render the confirmed booking economically unfeasible. Cancellation must be communicated as many workdays before the start of work as the number of workdays and travel days booked, but at least three days in advance. If the cancellation occurs before 12:00, that day is included in the calculation. Saturdays and Sundays are not considered workdays.

Bookings by the day or hour must be canceled 24 hours before the start of work. If the model cancels, the agency will make every effort to find a suitable replacement. Late or unjustified cancellations require payment of the agreed model's fee.


5 - Working Hours

For full-day bookings, working hours are eight hours, and for half-day bookings, four hours. Unless otherwise specified, full-day working hours run from 9:00 a.m. to 6:00 p.m. with a one-hour lunch break. The clock starts when the model meets the client at the agreed location and time, including preparation time like makeup and styling.

Overtime incurs a 12,5% additional fee per hour or part thereof. If working hours exceed by 30 minutes or less, it's considered a courtesy and not billed.

Travel time spend with the client from the hotel to the work location and back is included in working hours, with a maximum of one hour per day as a courtesy.


6 - Models Fee

The model's fee includes the daily fee, usage rights (buyout), and applicable VAT.

• Fashion Rate: Covers all clothing and accessories related to fashion, excluding advertising.

• Special Fee: Separate agreements are required for underclothes, corsets, nudes, consumer goods advertising, advertising at the fashion rate, and advertising films.

• Half-Day and Hourly Bookings:
  These require separate agreements for models traveling to the work location. 

  
  

7 - Travel Expenses

Compensation for travel days applies only if they fall within regular working hours for models. Compensation rates are based on the number of workdays:

• Up to 2 workdays: 1 daily fee

• Up to 4 workdays: 1/2 daily fee

• 5 or more workdays: No compensation unless travel time consumes an entire workday.

Models not traveling to the location do not receive reimbursement for overnight stays or accommodations. Taxi transportation costs are only reimbursed from city limits, except for half-day or hourly bookings. For trips taken with the model, the client bears travel, overnight stay, and accommodation costs from the departing airport or train station, following standard fiscal rates or submission of receipts. Costs are divided for models working for several clients at one location.


8 - Payment Terms

The model's fee, including cancellation fees, travel day compensation, and travel expenses, is due upon receipt without discounts. Travel expenses must be paid in the local currency or EURO at the current exchange rate, while other payments must be made in EURO.

The date of due payment (as shown on the bill) is binding unless agreed in writing otherwise. 


9 - Complaints and Liability

In case of complaints, the client must notify the agency immediately and provide photographic evidence. The model is not responsible for hair styling, styling, and makeup. Valid client complaints release them from paying the model fee. Late or unjustified cancellations incur payment of the daily fee.

Clients must obtain appropriate insurance for hazardous shots involving models. If the agency was not informed of the hazard at booking, the model can refuse work and receive a cancellation fee of 70% of the agreed fee. Other claims are subject to statutory regulations, with liability limited to double the total fee except in cases of gross negligence or intentional wrongdoing.


10 - Rights of Use

Paying the agreed model's fee grants the client exclusive rights to use the photographs within the Federal Republic of Germany for one year, starting from the first actual use or within two months of photo capture. Any other uses, including posters, billboards, and model name use, require written agency consent. Digital storage of photographs is prohibited without explicit written consent and exact purpose specification. Rights of use are granted only after the agreed buyout is fully paid.


11 - Final Provisions

German law applies to all parties involved—agency, client, and model. The place of performance for obligations related to bookings and rights of use is the agency's place of business. The client must consult with the agency for alterations or deviations from these booking conditions during workdays.

If any provision in these conditions is ineffective, it won't affect the validity of the remaining provisions. In such cases, the provision closest to the original intent and purpose will apply. For fully qualified merchants, legal entities under public law, and clients without a general jurisdiction in Germany, the legal venue is the agency's place of business.