Framework contract for models
in the version of 31.03.2020
§ 1 Scope
(1) This framework contract is valid for every contract between the-models GmbH, Kreuzstr. 34, 33602 Bielefeld, hereafter referred to as “agency” and the person, that is registered as model or the who makes a booking confirmation within a registration that has been made (hereafter referred to as “model”). The contract is considered as framework contract for every order made by the agency and accepted by the model and regulates the duties of every order towards the customer.
(2) Changes of this framework contract are only valid by the matching declaration of both parties in written form, whereby only the agency’s management can make changes. The agency reserves itself the right to change the conditions regularly, which the model accepts with the accepting of a booking with reference to the new conditions.
§ 2 Contractual object
(1) The agency takes care of the mediation of the model during the duration of the contract. The agency tries hard to mediate the model to its customers for brochure and catalog advertisement, movie and TV productions as well as product advertisements and fashion shows. Success is not guaranteed.
(2) The agency is therefore the agent of the model. The agency receives a commission for the mediation of model and or performer contracts (orders) between the model and the customer, which is billed to the customer.
(3) The frequency of orders depends on the demand of the respective model type, so that no concrete information can be given. If the model should not be mediated by the agency due to a lack of demand by the agency's customers, it is not part of the sphere of the-models and the agency is not liable for any service or replacement.
§ 3 Registration
(1) To be accepted in the database of the agency and to be considered for possible orders, the model has to register on the website “the-models.de” once.
(2) The information provided during the registration have to be true and correct. All mandatory details have to be filled in; the framework and the declaration of consent have to be accepted.
(3) Only legal entities, who are legally competent and legal or corporate entities, are allowed to register. A registration can only take place in the relation of the exercise of a commercial activity or as an independent contractor; therefore, the model has to be an entrepreneur.
(4) The registration first takes effect when it is confirmed by the agency, especially by uploading the data or images of the model. The agency has the right to decline or revoke the registration without giving reasons, especially if the models is from the agency's point of view not profitable for the agency and the model.
(5) The revoke of the registration by the model is possible at any time but does not affect current employment relationships.
§ 4 Services of the agency
(1) The agency provides the models on the publicly accessible website „www.the-models.de“ a log in area free of charge, where a personal sedcard with personal data and images can be set and in which, from every user via a search function, models can be searched and in which the agency can book and contact the models.
(2) The model receives an online sedcard that present the one's own person. The agency is in charge of the internet publication and advertises it towards potential purchasers (photographs, agencies, producers etc.) whereby the model regional to worldwide (depending on the models wishes) is present and bookable for different purchasers of the advertisement, movie and photographic business via the database.
(3) Services of the agency in particular:
- Creation, revision and care of the public presentation and the professional sedcard of the model on the website www.the-models.de;
- Image gallery of the own web presence;
- 24 h web presence of the models profile:
- Inquiries and booking via the agency (personal contact data stay anonymous)
- Mediation service between model and purchaser;
- Invitations to castings and events;
- Advising, promotion and support of the model in business everyday life;
§ 5 Process of bookings
(1) In case of a customer inquiry the agency will send the model an email with the concrete booking conformation. The booking confirmation includes all details of the order, like the remuneration of the model, the concrete job, the appointment etc. If the model needs further information, it will contact the agency.
(2) The model has the right to decline orders offered by the purchaser at any time without giving reasons. When the model accepts an order, it has to perform it in person considering the terms of time and content given by the agency and by the orders content.
(3) By accepting the booking request, a contract between model and agency results, whereby the model is bound to the conditions, especially the ones from this contract. The model obliges itself to perform the described job properly and according to the agreement.
(4) The contact between the model and the customer is made by the agency. The contract modalities are negotiated by the agency in advance and are only valid and binding after the agreement of the three contract parties (purchaser, contractor, customer). This affects especially the negotiated flat fees, which are negotiated according to the capacity of the model.
(5) After the acceptance of the order, the model is provided with the contact data, the concrete working times and places by the customer or the agency.
(6) For the operation after the booking § 10 (remuneration) is pointed out.
§ 6 Duties and obligations of the agency and the model
(1) With the agreement to the present terms, within the online registration, the model agrees explicitly with the publication of its data and images provided in the internet.
(2) The agency has the right to negotiate the contract content, especially the remuneration and the further usage of the records, on behalf of the model as well as enter such contracts as agent of the model.
(3) For clarification: Only regular services of models are offered to customers. If the model has the feeling that the requested activity dos not match the agreed activity or the working time and place differ from the agreement, the model will inform the agency immediately, so that the agency can act in clarification.
(4) The agency coordinates the details (place, time, object of booking, remuneration) with the model before the order takes place. Later additions and changes of the contract (especially concerning the granting of rights) have to be coordinated by the model with the agency.
(5) The model is obliged only to provide true data in the application and sedcard.
(6) By sending images to the agency, the model ensures that it has the unlimited rights of use and is allowed to let them be published in the sedcard and on the agency’s website. Additionally, the model ensures that the appearance still matches the impression provided by the submitted files. Furthermore, the model ensures that the records may be edited or converted and that the photographer renounce the mentioning of copyright. There is no fee claim generated by it.
(7) In case that the agency is occupied, in connection with the, from the model provided images and information, because of copyright violation, protective rights violation or violation of general rights of privacy or other rights violations, the model frees the agency from occurred damages, including the needed costs of prosecution or legal defence, except the model is not to blame for the violation.
(8) Regarding the case that claims are made due to copyright infringements, infringement of property rights or of general personal rights or other legal violations against the agency in connection with images or information provided by the model, the model provides the agency with any resulting damage from this, including the necessary costs, legal prosecution or defense free, unless the model is not at fault for the violation.
§ 7 Model Release/ Agreement / Rights of usage
(1) The models grants the agency the irrevocably, unlimited right and the unlimited permission, to combine, revise in accordance to the models name or a fictive name, to use and re-use, publish and re-publish, photographic illustrations and images/videos (in all formats) of the model and such which show the model entirely or in parts, without restrictions in terms of time and place, concerning changes, redesign or reproduction of the material in colour or otherwise in known or later known media for illustrations, artistic purposes, advertisement campaigns, marketing and other purposes. This agreement includes the right to publish the photographs and/or videos or use them commercially, especially to transmit these rights to the agency's customers within the activities performed by the model, even for further transmission by the customer.
(2) For clarification: Both parties adhere that with the remuneration of the model all right of usage on the within the order created photographs of the model as well as all personal rights and the copyrights for works of art are compensated, as long as the model had them at its disposal. Because of that the customer may be allowed to use the created photographs without limitation of time and content. For further clarification: Usually only the simple user right of regularly one year for the common advertisement purposes, as they are to expect as a result of the booked order are given. Further rights (so called “Buy Out”) will be coordinated by the agency in case of inquiry by the customer and shall be taken in account in the remuneration communicated with the model. If the model sees a mismatch between the order and the remuneration concerning the rights of usage, it has to inform the agency immediately. If the model accepts the order nevertheless, it agrees to the remuneration and the compensation of the rights of usage.
(3) If there are shifts taking place between the assigned rights and the actual usage and should the customer exceed his rights from the models point of view, the model will inform the agency and give it the possibility to regulate the issue for the purpose of the model and the customer, before taking legal actions.
(4) Furthermore, the model authorizes the agency to act on behalf of the model regarding any violations or extensions of the usage rights for specific images vis-à-vis the respective user. If a price list of the agency is inapplicable, the conditions of the so-called VELMA-Buyoutlist apply. Concerning the remuneration or the compensation, the remuneration regulations from this framework agreement apply accordingly.
§ 8 Use of social media content
(1) To promote the marketability of the model, the agency reserves the right to use pictures and / or videos of the model’s social media content for the sedcard or other advertising of the model. The model agrees to this and declares by concluding the contract that she/he is legally authorized to transfer the corresponding usage rights to the agency.
(2) The agency will promptly inform the model about the use of social media content, according to paragraph (1).
(3) If the rights of third parties’ conflict with the use of content from social media, the model shall first attempt to obtain such rights. If this is not possible, the model shall inform the agency as soon as possible after the conclusion of the contract, but at the latest when receiving the usage hint by the agency, according paragraph (2), which pictures and / or videos are excluded from use by the agency. The model is responsible for delayed or missing references to the rights of third parties to pictures and videos in social media and/ or the web.
§ 9 Youth protection
According to the youth protection all on the website registered models oblige to a strictly compliance of the image rules of the agency. If there are no image rules given the model respects that nudity is not allowed on the images and that the images must not contain content or poses that are liable to corrupt the young. The agency has the right to delete such images at any time. The model is liable for the violation of the youth protection right in accordance with § 6 (7) concerning images.
§ 10 Remuneration
(1) The model gets the in the booking confirmation mentioned remuneration plus all additional costs that have to be paid, according to the following aspects, if the order is fulfilled properly.
(2) The agency is entitled to a commission for the orders successfully placed with the models by the agency. The agency commission is usually 20 % of the fee. In addition to the agency commission, a further 5% of the fee will be charged as a pre-financing commission. The pre-financing commission is charged in order to compensate for the default risk of the client's performance with regard to the advance payment made to the model. The commission is charged to the client and is no longer to be deducted from the remuneration offered to the model in the booking request.
(3) After the fulfillment of an order, the model informs the agency via email to confirm the properly fulfillment of the job.
§ 11 Legal position of the model
(1) The model does not have to accept order quotations.
(2) The decision of the performance of order is up to the model alone and the model underlies no instruction right, is completely free concerning the time, kind and place of the order fulfillment and not bound to the organization of work from the agency.
(3) Furthermore, the model is free in the work structure towards the customer but has to make effort to fulfill the order as good as possible within the concrete order.
(4) The model is allowed to have one or more purchaser and customers. The model has only complied with the agency in terms of time in accordance to accepted orders.
The model has to be an entrepreneur. The agency has the right to demand a confirmation of this status at any time, especially by request/ notification of a tax number or similar – if the model cannot confirm the status, the agency will remove the respective sedcard until further notice.
(6) Furthermore, the agency informs the model that the, in the invoices reported VAT, has to be payed to the tax office by itself in general and that it has to check if it is freed from the elevation of VAT because of the small business regulation of § 19 UstG. The agency informs the model that it is or will be, regardless of his self-employment, subject of compulsory insurance in the statutory pension, due to § 2 paragraph 1 number 9 SGB VI. The model is in charge of delivering the contributions to the statutory pension itself. It goes also for insurances for possible occupational risks (accident, liability or similar).
(7) If there are any changes in the status of the model at any time concerning the self-employment or other aspects, which are relevant for the proper fulfillment of the performance of customers’orders or for the agency (e.g. long-term absence), the model will inform the agency immediately.
(8) The model cannot claim regularly mediation or concrete orders. The order situation is only determined by the market situation and the requests of customers for special models. Therefore, the agency does not guarantee regularly orders or any orders at all.
§ 12 Further duties of the model
(1) The model is obliged to inform the agency about further orders by the customer immediately and only process them via the agency. This is valid for every future business/further orders/requests of the agency's partners for whom the model has already fulfilled at least one job via the agency.
(2) The model will take any acceptable measurements that are necessary for a successful mediation. It ensures the agency to fulfill mediated contracts properly and to answer the personal details and other circumstances (especially concerning past booking) truly.
(3) The model is obliged to inform the agency immediately about changes in its appearance (hairstyle, hair color, significant changes of weight etc.).
§ 13 Duration of the contract
(1) This contract is for an indefinite period.
The model can end the contract at any time; its sedcard will be set offline as a result.
(3) The agency can also end the contract at any time and set the sedcard offline.
(4) The ordinary termination does not affect current or accepted orders. Already booked or not finished orders has to be fulfilled by the model until the end. If this does not happen, the agency maintains damage claims.
(5) The right of each of the parties to terminate the agreement for serious non-compliance shall remain.
§ 14 Cancellation of an order
In the event of a project failure for which it is responsible, the agency remains obliged to pay the contractually agreed remuneration. The same applies to the failure of a project through no fault of the customer or the model himself (e.g. cancellation or shortening of an event), unless the failure occurred due to force majeure.
If the agency cancels the order, however, the model will only receive remuneration in the amount of a fixed percentage of the remuneration agreed according to § 10, depending on the time of cancellation.
Up to 2 weeks before the start of the project, cancellation fees of 80% of the previously agreed total amount are due. If the order is cancelled less than 2 weeks before the start of the project, a cancellation fee of 100% of the previously agreed total hours will be charged.
§ 15 Liability
(1) The agency does not assume responsibility for an eventual misuse of data or images, neither for registrations, changes or deletion, that take place because of third persons who gain unauthorized access to the (email or online) account of the model, except it is the agency's fault based upon criminal negligence or on purpose.
(2) The model is obliged to store the access data to the website carefully and to prevent the access of unauthorized third parties.
(3) If the model accepts an order and afterwards changes its appearance compared to its sedcard, without consulting or informing the agency, in such a way that the customers is no longer interested in the model, the agency claims the right to claim damages and 100 % of the work and mediation costs incurred by the model. Claims from third parties will be forwarded to the model to 100 %.
(4) Through the model, the accepted orders or bookings are unlimited binding. If the model does not fulfil the order or not fulfil it completely or in time, it will free the agency from all claims of damages of third parties. If the model is to blame for the non-execution of the order, the model will pay damages to the agency in the height of the mediation commission.
The model agrees that the agency saves their data by enter this framework contract. The agency is allowed to use the provided data to communicate with the model and bill them and if necessary to give the data to third parties for the aforementioned purposes. When the framework contract ends, the data will be deleted after the legal retention period ends.
§ 17 Other
This agreement underlies the German right. If one or more of the terms of this contracts are invalid or void, the effectiveness of the other terms is not affected. Instead of the invalid terms, the legal terms that come closest to the requested regulation of the parties come to force. Place of performance is the work place and place of jurisdiction is Bielefeld.