§ 1 General
The following provisions shall govern the legal relations between the models, model agencies and respective
customers, unless expressly agreed otherwise in individual cases.
The members of VELMA, the photographic models represented by them and their customers shall be protected from expectations not customary in the industry.
and claims are protected.
§ 2 Booking principles
(1) The Agency shall make statements to the Client in the name and on behalf of the Model.
The customer shall be deemed to be the person who books with the Agency, unless expressly stated otherwise at the time of booking.
is agreed in writing.
(2) The client owes the agency the commission. Unless otherwise agreed, the commission shall be as follows,
20% 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 set off claims against the model against the agency’s commission claim.
or to assert a right of retention.
§ 3 Booking modalities
Options are reservations with binding dates. An option expires, if not at the latest
three working days (until 18.00) before the start of the activity or within one working day after the Agency’s request
a firm booking is made. Saturday and Sunday are not working days. German time calculation applies.
(2) Firm bookings
Firm bookings are binding for both parties. At the customer’s request, they are to be immediately confirmed by the agency.
in writing, stating the essential details.
(3) Weather bookings
Weather-related bookings are only possible at the location of the model and must be expressly confirmed as such.
can be designated. Unless otherwise agreed, these are fair weather bookings.
If the weather conditions are not present or if the weather situation is unclear, the customer can make the reservation opposite
the agency at the latest one hour before the agreed start of work. In this case the fee is
Failure fee 50 % of the agreed model fee.
§ 4 Cancellations
(1) A firm booking may be cancelled for an important reason. An important reason for cancellation also includes
circumstances which make the execution of the firm booking economically unreasonable.
The Agency must be notified of the cancellation without delay.
(2) The cancellation must be made as many working days before the start of work as the number of working days and travel days booked,
but at least 3 working days.
(3) If the cancellation is made before 12 noon, this day shall be included 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 will make its best efforts,
to find an adequate replacement for the customer, if necessary with the involvement of other agencies.
(6) If a cancellation does not take place on time or without good cause, the agreed model fee shall be paid.
§ 5 Working time
(1) In the case of a daily booking the working time shall be 8 hours, in the case of a half-day booking 4 hours.
Unless otherwise agreed, the working time of a daily booking shall be from 9.00 a.m. to 6.00 p.m. with a lunch break of one hour.
(2) The working time begins with the arrival of the model at the agreed place of work at the customer at the agreed time.
Preparations such as make-up and hairstyle are part of the working time.
(3) Overtime shall be remunerated at 15% of the agreed daily fee per hour or part thereof.
Exceeding the working time by up to 30 minutes will not be charged as a gesture of goodwill.
(4) The joint arrival and departure of the model and the customer between the hotel and the place of work (location) is part of the working time.
Arrival and departure (together) up to one hour per day will not be charged as a gesture of goodwill.
§ 6 Model fee
The model fee includes the daily fee and the fee for rights of use plus VAT.
(1) Fashion rate
This includes all shots of clothing and fashion accessories (nightwear, jewellery, stockings),
shoes, hairstyles, glasses etc.), which are designed in connection with fashion, as far as it does not concern advertisement.
(2) Special fee
corsetry, daywear, nudes, consumer goods advertising, advertising with fashion rate footage and commercials require
a separate agreement.
(3) Half-day and hourly bookings
The model fee for half-day bookings is as follows for models resident at the place of work
at least 60 % of the daily fee. Half-day bookings of arriving models and hourly bookings
always require a separate agreement.
§ 7 Travel expenses
(1) Compensation for travel days
The arrival and departure of the model to and from the place of work shall be remunerated if she or he
during the usual time of models. The travel day compensation amounts to:
Up to 2 working days: 1 daily fee,
Up to 4 working days: ½ Daily fee,
from 5 working days: no travel day compensation, unless the arrival or departure extends
about a working day
(2) Travel expenses
In the case of models residing at the place of work or not arriving at the place of work, overnight and catering costs will be charged.
I’m not refunding you. Taxi costs will only be refunded from the city limits, except for half-day and hourly bookings.
In the case of joint journeys, the costs incurred will be refunded from the airport/railway station of the departing model.
Travel, board and lodging costs borne by the customer. The reimbursement is either flat-rate
in accordance with the standard tax rates per working day or on presentation of supporting documents.
If the model works for several clients at the place of work, the costs incurred shall be borne by the client.
the respective working days.
§ 8 Terms of payment
The model’s fee including cancellation fee, travel day reimbursement and travel expenses shall be
to be paid net upon receipt of the invoice. Travel expenses are paid in local currency or in EURO at the buying rate,
all other payments shall be made in EURO.
§ 9 Complaints, Liability
(1) In the event of complaints, the customer must immediately inform the agency and explain the reasons for the complaint.
Polaroid photos are to be taken to prove the complaint. Then the model is expressly
to release him from his duties at work. The model is not responsible for hairstyling, styling and make-up.
In the case of complaints which are proven by the customer, any obligation to pay for this model is waived.
including travel expenses. If photographs are nevertheless taken with the model, this shall be deemed as
Waiver by the customer of any claim.
(2) In the event of culpable delay of the model (overslept, missed plane, etc.) the model must
to work correspondingly longer. If this is not possible or only partially possible due to special circumstances,
the model loses her pro rata daily fee based on the overtime fee.
(3) In the case of particularly risky photographs, the customer shall take out appropriate insurance for the model.
to be concluded accordingly. If the agency has not been expressly informed of the risk to be taken at the time of booking,
the model is entitled to refuse performance and receives a cancellation fee in the amount of
70% of the agreed total fee.
(4) Further claims shall be governed by the general statutory provisions.
The liability of the Model and its agency for any legal reason whatsoever shall be limited to twice the total fee,
except in cases of intent and gross negligence.
§ 10 Rights of use
(1) Unless expressly agreed otherwise, the rights of use shall be deemed to have been agreed with the agreed model fee.
in the recordings exclusively to the named customer one year within the FRG 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 recordings.
(2) Any further use, in particular for posters, packing, displays, videos, as well as any use of
of the model’s name requires the express written consent of the agency.
A digital storage of the photographs is not permitted in principle and only with express written consent of the agency.
Consent with concrete indication of the intended use possible.
(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.
§ 11 Final provisions
(1) German law shall apply between the parties to these booking conditions, agency, customer and model.
Place of performance for all obligations arising from the booking in connection with rights of use is the registered office of the agency.
(2) The customer undertakes to make changes or additions to the bookings and deviations from these booking conditions.
only after prior consultation with the agency and to refrain from making models during the working days
to stop posting changes or additions.
(3) The validity of the booking conditions shall not be affected by any invalidity of individual provisions.
In place of an invalid provision, that provision shall be deemed to have been agreed which comes as close as possible to the intended purpose.
The same applies to the filling of gaps in the contract.
(4) Place of jurisdiction for fully qualified merchants, legal entities under public law and customers without general place of jurisdiction
in Germany shall be the seat of the Agency.