Model Pool Inter­na­tio­nal Model-Manage­ment GmbH

Ober­bil­ker Allee 163
40227 Düs­sel­dorf

Pho­ne: +49 (0)211 / 86 55 60
Fax: +49 (0)211 / 86 55 665

Email: info@model-pool.de

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Terms and Conditions

  /  Terms and Conditions

§ 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

(1) Opti­ons
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.

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