GTC General Terms and Conditions of the modelagency the-models GmbH
In the version of 28.09.2017
the-models GmbH, owner Melke Cetin, Kreuzstr. 34, 33602 Bielefeld (hereinafter “agency” or “the models”) mediates contractors to customers for events and other projects requested by the customer.
The contracts concluded between the agency the models and the customer, are liable to these general terms and conditions. This includes future business connections between the customer and the models, even when there will not be an explicit mention of it by the contract parties. Though the agency is authorized to change the general terms and conditions at any time and conclude new contracts under the application of the new terms.
§2 Contract closing
An order confirmation is concluded between the agency and the customer, which includes the concrete assignment details. Only performance figures and prices that are given in textual form (E-Mail, Fax or Letter) from the models do apply. The costumer can accept the order confirmation by signature and submission of the signed documents in written form (E-Mail, Fax or Letter).
The customer is not allowed to mediate direct orders to contractors that were booked before via the models or to send the contractor's contact data to third parties. Those contractors can only be booked via the agency the models. The customer is obliged to pay a contractual penalty three times the usual fee to the models in case of contravention.
The potential customer is also not allowed to mediate direct orders with contractors selected by the models or pass on their contact details to third parties, even if no order is placed. Provided that the potential customer has signed the "Confidentiality and Data Protection Agreement for the Mediation of Influencers" prior to receiving the influencer suggestions, the potential customer is obliged to pay a contractual penalty of 5,000.00 € (Euro) to the models for any violation thereof.
§3 Duties and obligations
The agency mediates contractors for the performance of personal services on behalf of the client. In particular, the contractors can be, depending on the customers wish, models, promoters, fair hostesses, grid girls, moderators, influencers or similar. The billing and hiring of the constructors is made via the agency. The exact content of the contractual performance owed by the agency the models or the contractor arises from the offer letter or the order confirmation.
The customer is in charge of giving the constructors concrete information about the activity field; this takes place, in case of promotional activities, by regular trainings, which the customer has to organize and remunerate. Furthermore, the customer is in charge of giving the constructors work equipment or special clothing, if this is of importance to the customer for the job execution.
Apart from the trainings, the concrete project order as well as the appointments, the mediated constructors are free in the creation of their activity.
the models does not safeguard appreciation and reception of the constructors by the customer and audience.
The constructors are only bound to perform the evident work of the booking request, usually in combination with the presentation of goods and services. The constructors do not need to render proceeding and / or not contractually purpose fitting works. Especially no work is owed that affects the privacy or personal sphere. Furthermore, the constructors are not obliged to render the work on another operation site as the agreed one. The constructors can refuse these activities and in doubt the further execution of the contract as well, when the customer demands on these activities. Nevertheless, the customer remains obliged to pay the complete fee for the services.
The agency commission arises from the letter of offer or the order confirmation. The agency the models is authorized to demand prepayment in the amount of 50% to 100% of the invoiced amount, which is stated in the order confirmation or the offer. This prepayment has to be paid 10 days after billing. The remaining amount becomes due by the time of service provision and is payable 10 days after billing.
In the event a requested down payment / prepayment is not paid in time, the models is entitled to terminate the contract immediately. In this case, the customer has no claims for damages. the models remains entitled for the advance payment for the occurred expenses and the booking of the model, unless the customer proves the models had no occurred damages / expenses.
§5 Offset, Right of Retention
The customer has offset rights only if his/her counterclaims have been recognized by declaratory judgment or if they are undoubted by the agency or if they are doubted but ripe of adjudication in a court proceeding. The right of retention can only be alleged because of counterclaims from the respective legal relationship. In the absence of a down payment, the right of retention entitles to the models, regardless of the right of termination (§4).
The customer is obliged to provide free food and beverages in sufficient measures, for the staff, that is in performance of the contract, provided by the models.
the models has the right to charge daily costs of 40€ as well as the legal sales tax for each person, if these steps are not taken.
§7 Project failure/ cancellation of employment
The customer is obliged to pay the contractually agreed remuneration in case of project failure for which the customer is accountable. The same applies for the loss of a project without the models or the contractor being at fault (for example cancellation or shortening of the event), unless the loss due to force majeure.
The obligation to provide the contractually agreed performance by the models is reserved, if the mediated contractor becomes unavailable due to illness or force majeure as long as it is impossible for the models, in spite of reasonable effort, to acquire an equal replacement in the short term. the models will inform the customer thereof at once.
In case of a cancellation of the order by the customer, cancellation fees of 80 % of the previously arranged total hours arise, if the cancellation was made at least two weeks prior to the start of the project. In case of a cancellation of the order by the customer, cancellation fees of 100 % of the previously arranged total hours arise, if the cancellation was made less than two weeks prior to the start of the project. The assertion of a higher actually incurred damage remains reserved explicitly.
§8 Rejection of a contractor
In case of rejection of a contractor, the customer is obliged to inform the models in writing (E-Mail) about their motives. If this case deals with reasons that would justify a termination without notice of an employee, (e.g. rejection to work, insult of the customer, statements that are bad for the customer’s business, fraud, larceny or embezzlement at the expense of the customer, suspicion of a crime, unauthorized leave taking, threatened absenteeism, sexual harassment of colleagues, failure to work contractually specified hours), the customer has the option to withdraw from the contract immediately. In this case, only the accomplished working hours by then have to be paid.
If the customer refrains from this justification or if the motives are not sufficient for a termination without notice, the rejection of a temporary employee is – irrespective of its reasons – considered as a cancellation of the service pursuant to “§7 cancellation of employment” and can be charged with 80 % of the total order amount.
After rejection, the customer has the opportunity (but not the obligation) to hire alternatively another contractor at the models. The agency the models is solely obliged to the provision of an equivalent model if the hired contractor has not been selected properly.
If the customer refrains from the rejection, later claims for compensation are excluded.
§9 Rights of use of photos and videos
The parties will reach a separate agreement for the agreement on the rights of the so called “Buy-Outs” and their extend. Rights of use will first be granted after the payment of the particular fee. The time of usage starts with the actual use of the shots, at least 2 month after the shots were made. The customer provides a selection of recordings/images in digital form free of charge for the agency the models which can be used by the models extensively at no cost for their own promotional purposes in each media and which can be used at no costs by models for their modelbook. The usage through the models will not be implemented until the beginning of utilization of the recordings through the customer himself.
Is the contractor booked as a promotional model, fair hostess or similar, only a photographic documentation of the work for internal purposes is allowed. Further rights of use have to be settled with the agency first.
The grant of the abovementioned rights the model only takes places upon full payment of the agreed remuneration. Otherwise, the customer shall not be allowed to use the recordings. If the customer nevertheless makes use of the recordings without total payment to the models, he shall be required to pay a contract penalty of 100 % of the agreed model fee to the agency.
It should be noted that the customer himself is responsible for obtaining the rights of photographical copyright from the photographer.
Should the customer himself be the mediator between the agency and a third party, the rights of use stipulated in the order confirmation will be granted exclusively to the third party in accordance with the conditions of §9. In this case, the customer is not granted any rights of use. If the customer uses the recordings nonetheless, the customer is obliged to pay a contract penalty of 100% of the agreed fee to the models.
§10 Liability and other duties of the customer
The customer is obliged to deliver all documents and information, needed to provide the contractually agreed performances, punctual, complete and accurate to the models. Apart from that, do, concerning the liability of the customer as well as the contractor, apply the legal regulations.
the models excludes the liability due to slight negligence as far as these do not arise from injury to life, body or health or concern the guarantees or claims are touched according to the product liability law. The liability for the breaching of duties, the fulfilment of which makes the proper performance of the contract possible at all and which the purchaser may as a rule trust, will be complied with, shall also remain unaffected. The same applies to breach of duty on the part of the models.
§12 Obligation of notification of defects
The customer is obliged to register a complaint in written form immediately, but at least during the next 4 workdays after service provision, to the models. Otherwise, the service is deemed as approved.
§13 Final provisions
This agreement is subject to the German law. If specific points of these conditions are ineffective, the effectiveness of the rest of the regulations remains unaffected. Instead of the invalid provision, the provision provided by law shall apply. Modifications of this agreement must be made in writing in order to be effective, this also applies to any waiver of the necessity of the written form.
The place of jurisdiction for all claims arising from the contract is Bielefeld.