§ 1 General
The following provisions are intended to govern legal relations between models, Instyle Models GmbH and the respective clients in a binding manner, unless other agreements have been made for a specific case.
§ 2 Booking Conditions
1. Instyle Models GmbH shall make declarations to the client in the name and on behalf of the model. A client shall be defined as one who books with the agency, unless otherwise agreed in writing at the time of booking.
2. The client shall owe a commission to Instyle Models GmbH. This commission shall amount to 20 % of the model's fee, or of the cancellation fee, plus VAT unless otherwise agreed in writing. Instyle Models GmbH shall not bear any liability arising from this arranged legal relationship. Any claims from the client against the model may not be offset against the agency’s claim to a commission, nor shall the client be entitled to exercise a right of retention.
3. The client shall also owe Instyle Models GmbH a commission for subsequent bookings as long as the model is still represented by Instyle Models GmbH. The client agrees to refrain from direct booking, which circumvent the agency. Any violation if this, INSTYLE MODELS GmbH will demand cancellation compensation the total fee plus 20% commission.
4. When booking underage models it is always necessary to have the agreement and presence of a parent or guardian and any additional overnight costs or any other expenses are to be agreed with the booking client.
5. Any payments incurred for production or fashion shows are irrespective of further costs of pre-booked flights/hotels etc. and will not be refunded. Hotels, flights and other possible costs required for the booking are refunded to the agency.
§ 3 Working Hours
1. The working hours for a booking shall amount to 8 hours for the day, and 4 hours if for a half day booking. Unless agreed otherwise, the working hours for a booking by the day shall begin at 9:00 a.m. and end at 6:00 p.m. with a one-hour break for lunch.
2. The working hours shall begin when the model meets the client at the agreed location, at the agreed time. Preparations such as makeup and hair styling shall count as working hours.
3. Overtime shall be remunerated at 15 % of the agreed daily fee for each hour or part of an hour.
4. Travel together with the client from the hotel to the workplace (location) and back again shall be included in the working hours. All travel time lasting a maximum of one hour per day will not be charged as a gesture of goodwill.
§ 4 Model’s Fee
The model's fee shall include the daily fee and the buyout for rights of usufruct plus any VAT which may apply.
1. Fashion rate: This shall include all photographs of clothing and accessories appurtenant to fashion (nightclothes, jewellery, stockings, shoes, hairpieces, glasses, etc.), which are featured in relation with fashion, insofar as it does not involve advertising.
2. Special fee: Underclothes, corsets, nudes, consumer goods advertising, publicity shots at the fashion rate and promotional films shall require a separate agreement.
3. Half-day bookings and bookings by the hour: The model's fee for half-day bookings shall amount to at least 60 % of the daily fee for models residing at the location. Half-day bookings and bookings by the hour shall always require a separate agreement for models who must travel to the place of work
§ 5 Travel Expenses
1. Travelling time compensation : The model's traveling to and from the location shall only be compensated if it falls in the usual working hours for the model, either in whole or in part within the usual working hours for models. The recompensation for days of travel shall amount to: up to 2 workdays: 1 daily fee up to 4 workdays: 1/2 daily fee 5 or more workdays: no recompensation for days of travel, unless the traveling time takes up an entire workday.
2. Travel expenses : Models residing at, or not traveling to the accommodation will not be charged for overnight stays or meal expenses. Except for half-day bookings or bookings by the hour, costs of transportation by taxi will only be reimbursed from the city area. For all trips taken together with the model, the client shall bear the costs of travel, overnight stays and accommodations from the airport or train station from which the model departs. The remuneration shall be made in a lump sum conforming to the standard fiscal rate per workday or upon submission of the receipts. If the model should work for several clients at one location, the costs for each workday must be divided up accordingly
§ 6 Terms and Conditions of Payment
The model's fee (including cancellation fee), the recompensation for days of travel and travel expenses, shall be due upon receipt with no discounts and paid in German currency to the agency INSTYLE MODELS. Only after the receipt of payment, will INSTYLE MODELS confirm the acknowledgement of the booking to the production of the customer.
§ 7 Details of Booking
1. Options : Options are reservations subject to a binding date. An option shall terminate if the client shall not make a confirmed booking no later than three workdays (by 6:00 p.m.) before the start of work or within one workday after being requested to do so by the agency. Saturdays and Sundays shall not be considered workdays. German calendar time shall apply. Options shall be noted down in the order in which they are received. If a client's option is not the first option for a specific model, the client shall be informed of his option's priority. If an option should lapse, subsequent options shall move up in priority and the client shall be informed about this.
2. Confirmed bookings : Confirmed bookings shall be considered binding for both parties. At the client's request, the agency must confirm them in writing without delay, stating the essential details.
3. Weather-related bookings : Weather-related bookings are only permissible at the model's place of residence and must be denoted as such. Unless agreed otherwise, these shall be considered as referring to fair-weather bookings. If weather conditions are not as desired or if they are unforeseeable, the client may cancel the booking with the agency up to one hour before the agreed start of work. In this case, the cancellation fee shall amount to 50 % of the agreed model's fee.
4. Actual payments for photo productions / fashion shows are not subject to a cancellation deadline and will not be refunded.
§ 8 Cancellation
1. A confirmed booking can only be cancelled with a valid reason. The reason for the cancellation shall also be the conditions which make the confirmed booking economically unacceptable. The cancellation must be notified to the Agency immediately.
2. The cancellation must be made as many workdays before the start of work as the number of workdays and travel days that have been booked, however a minimum of three days beforehand.
3. Should the cancellation be made before 12 noon, this day shall count in making the calculation. Saturday and Sunday shall not be considered workdays. German calendar time shall apply.
4. Bookings by the day or hour must be cancelled 24 hours before the start of work.
5. If the model should make the cancellation, the agency shall make every effort, even calling another agency if necessary, to find an adequate substitute for the client.
6. If the cancellation should be late or without cause, the agreed model's fee must be paid as well as a 20% agency commission
7. For dirtying or damage of any kind that may arise during a fashion show/photo shoot – as long as it is not in any way deliberate or due to negligence, neither the model nor Instyle Models GmbH is liable.
§ 9 Complaints, Liability
1. In the event of a complaint, the client must inform the agency immediately and state the grounds for the complaint. Polaroid photographs must be taken to provide evidence for the complaint. The model must then be formally released from the obligation to work. The model shall not be considered responsible for hair styling, styling and makeup. Proven client complaints shall revoke any obligation to pay for this model, including travel expenses. If photographs are nevertheless taken using the model, the client shall be considered as having waived all rights to complaint.
2. If the model should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the model shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to be partially or entirely impossible, then the model shall lose the proportionate claim to a daily fee on the basis of the overtime rate.
3. The client must take out an appropriate insurance policy for models involved in particularly hazardous shots. If the agency was not formally informed of the hazard at the time of booking, the model shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 70 % of the entire fee which was agreed.
4. Further claims shall be subject to general statutory regulations. The model's liability as well as that of the agency, on any legal grounds whatever, shall be restricted to double the amount of the total fee, except in cases of gross negligence and wrongful intent.
§ 10 Rights of Use
1. Unless agreed otherwise, paying the agreed model's fee shall give the client exclusively all rights of use to the photographs for one year within the territory of the Federal Republic of Germany for the agreed use, the agreed product and the agreed form of use. The limit of one year shall begin at the time of first actual use, but no later than two months after the photographs were taken.
2. Any utilizations going beyond those listed above, in particular for posters, billboards, packaging, displays, videos, as well as any use of the model's name, shall require a formal written consent from the agency. Digital storage of the photographs shall be prohibited as a matter of principal and may only be done with formal written consent stating the exact purpose.
3. Rights of use shall not be granted until the agreed buyout has been paid. Any utilization before the agreed amount has been fully paid shall be prohibited.
§ 11 Final Provisions 1. German law shall apply to all parties for these booking conditions, agency, client and model. Place of performance for all obligations arising from the bookings in connection with rights of use shall be the place of business of the agency.
2. The client shall commit to make alterations or additions to the bookings only after a consultation with the agency. The client shall also refrain from enjoining the models to alter or make additions to the bookings during the days of work.
3. Should any individual provisions of these booking conditions be ineffective, this shall not affect the validity of the remaining provisions. In the place of the ineffective provision, it shall be agreed upon which provision best approximated the original intent and purpose. The same applies to filling loopholes in the contract.
4. Legal venue for fully qualified merchants (under the German Commercial Code), legal entities under public law and clients without a place of general jurisdiction in Germany shall be the place of business of the agency.