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  • § 1 GENERAL
    The following terms and conditions are intended to govern the legal relationships between the photo models, model agencies, and their respective clients, unless expressly agreed otherwise in individual cases. The agencies, photo models, and their clients should be protected from industry-unusual expectations and demands.
    The agency provides statements to the client on behalf of and at the behest of the model. The client is considered the individual who books through the agency, unless explicitly agreed otherwise at the time of booking. Any deviation in clients must be communicated to the agency at the time of booking. The client owes the agency the agency commission. Unless otherwise agreed, this commission amounts to 15% of the agreed model fee or the cancellation fee, plus the applicable statutory VAT. Any liability of the agency arising from the mediated legal relationship is excluded. The client is not entitled to offset claims against the model with the agency's commission claim or to assert a right of retention. The client is also liable for the agency commission for subsequent bookings and buyout payments. Direct bookings bypassing the agency are not permitted.
    Options are binding reservations. An option expires if a firm booking is not made at least three days (by 6:00 PM) before the start of the activity or within one working day after a request by the agency. Saturdays and Sundays are not considered working days. German time applies. Options are noted upon receipt of the booking. If it is not the first option, the customer is informed of the priority of the option. If an option expires, subsequent options move up in the queue accordingly. Bookings are binding for both parties. The agency will confirm the booking in writing, providing all necessary details. The client must review the confirmation and promptly confirm it with a signature, then fax it back to the agency Weather-related bookings are only possible at the location of the model and must be explicitly designated as such. Unless otherwise agreed, these are considered fair weather bookings. If weather conditions are not suitable or the weather situation is unclear, the client can cancel the booking with the agency until the previous evening (6:00 PM) of the agreed shooting day. In this case, the cancellation fee is 50% of the agreed model fee and agency commission.
    A fixed booking can be cancelled for a significant reason. Circumstances that make the execution of the fixed booking economically unreasonable also constitute a significant reason for cancellation. The cancellation must be promptly communicated to the agency. The cancellation must occur as many working days before the start of work as there were booked working and travel days, but at least three working days. If the cancellation occurs before 12 noon, this day must be counted in the calculation. Saturday and Sunday are not considered working days; Central European Time applies. Day and hour bookings must be cancelled 24 hours before the start of work. If the cancellation is made by the model, the agency will make every effort, if necessary by involving other agencies, to find suitable replacement for the client. If a cancellation occurs without adhering to the above-mentioned deadlines or without a significant reason, a cancellation fee amounting to 100% of the agreed fee plus agency commission is due, in addition to any cancellation costs for travel and accommodation.
    For a full-day booking, the working hours are 8 hours, and for a half-day booking, they are 4 hours. Unless otherwise agreed, the working hours for a full-day booking are from 9:00 am to 6:00 pm with a one-hour break. The working hours commence upon the model's arrival at the agreed-upon location of work with the customer at the agreed-upon time. Preparation times such as makeup/hair or fitting sessions are counted as part of the working hours. Overtime will be compensated at 15% of the agreed daily fee per hour. An exceeding of the working hours by up to 20 minutes will not be charged for as a gesture of goodwill. The joint arrival and departure of the model and the client between the hotel and the work location count as working hours. The combined arrival and departure (together) of up to one hour per day will not be charged for as a gesture of goodwill.
  • § 6 MODEL FEE
    The model fee includes the daily fee and the compensation for usage rights plus the applicable VAT as per legal regulations. Fashion rate: This includes all shots of clothing and fashion-related accessories (nightwear, jewelry, stockings, shoes, hairstyles, glasses, etc.) designed in connection with fashion, provided it is not advertising. Special fee: Lingerie, daywear, nude and semi-nude, consumer goods advertising, swimwear, advertising with shots at the fashion rate, and commercials require a separate agreement. Half-day and hourly bookings: The model fee for half-day bookings is 60% of the daily fee for locally based models. Half-day bookings for models traveling to the location and hourly bookings always require a separate agreement.
    Travel Day Compensation: The model's journey to and from the workplace will only be compensated if it occurs wholly or partly during the usual working hours for models. The travel day compensation is up to 2 working days: full-day fee, up to 4 working days: half-day fee, from 5 working days: no travel day compensation unless the journey extends over more than 1 working day. Travel Expenses: For models residing at the workplace or not traveling, accommodation and meal expenses will not be reimbursed. Taxi expenses will only be reimbursed from the city limits (except for half-day and hourly bookings). When traveling together, from the airport/train station of the departing model, the customer bears the incurred travel, meal, and accommodation expenses. The meal allowance is based on tax guidelines per working day, reimbursement is only made upon presentation of receipts. If the model works for multiple clients at the workplace, the incurred expenses are to be divided according to the respective working days.
    The model fee, including cancellation fee, travel day compensation, and travel expenses, will be paid within 14 days upon receipt of the invoice, in the local currency or in Euros at the purchasing rate; other payments are to be made in Euros.
    In case of complaints, the client must promptly inform the agency and provide reasons for the complaint. Polaroids must be taken as evidence of the complaint. Subsequently, the model is explicitly relieved of its duty to work. In the event of justified complaints proven by the client, any payment obligation for this model, including travel expenses, is waived. However, if shots are taken with the model, this will be considered as the client's waiver of any legitimate complaint. In the event of culpable delay by the model (oversleeping, missed flight, etc.), the model is required to work correspondingly longer. If this is not possible or only partially possible due to exceptional circumstances, the model forfeits its proportional daily fee entitlement based on the overtime fee. For particularly risky shots, the client must arrange appropriate insurance for the model. If the agency has not been explicitly informed of the risk involved in the booking, the model is entitled to refuse its service and will receive a cancellation fee of 70% of the agreed total fee. The liability of the model and its agency, arising from any legal basis, is limited to twice the total fee, except in cases of intent and gross negligence. Additional costs for the arrival and departure necessitated by force majeure (natural disasters, strikes by transport service providers such as airlines, railways, other public transportation) are to be borne 100% by the customer. The model is not responsible for hair styling and makeup.
    Unless expressly agreed otherwise, the agreed model fee includes the usage rights to the shots exclusively for the named client for one year within Germany for the agreed purpose, product, and usage format. The one-year period commences with the actual usage, at the latest 2 months after the creation of the shots. Any further use, particularly posters, billboards, packaging, displays, videos, TV, as well as any use of the model's name, requires explicit written consent from the agency. Digital storage of the shots is generally not permitted and only possible with explicit written consent specifying the intended use. Usage rights are granted only upon payment of the agreed fee. Any use before full payment of the agreed fee is prohibited. Subsequent additional uses are also permissible only after separate calculation and payment.
    Between the parties to these booking conditions, agency, model, and client, German law applies. The place of performance for all obligations arising from the booking concerning usage rights is the registered office of the agency, currently Nuremberg. The client 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 instructing the model to make booking changes or additions during working days. The validity of the booking conditions shall not be affected by the invalidity of individual provisions. In place of an invalid provision, that which comes closest to the intended purpose shall be deemed agreed. The same applies to the filling of contractual gaps. The place of jurisdiction for merchants, legal entities under public law, and customers without a general place of jurisdiction in Germany is the registered office of the agency, currently Berlin.
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