GTC / Disclaimer
GTC
General terms and conditions of Fashion Model Management
1. General
1.1. The present conditions are the legal relationships between the photo models, the Fashion Model Management agency (hereinafter: the "Agency") govern and for each client binding if not expressly agreements deviating in individual cases, for example as part of a booking confirmation. With acceptance of the booking confirmation by the customer, he agrees with the provisions of these conditions. These conditions are valid for all parties regarding the future cooperation.
1.2. The Agency shall be deemed to be as a mediator under the Swiss employment law.
2. Basics
2.1. The Agency communicates explanations to the customer in the name and on behalf of the model. A customer is the one who books with the agency, unless on the reservation confirmation expressly agreed otherwise in writing.
2.2. The customer is responsible for compliance with the legal regulations regarding labor-, insurance- and social security legislation. The agency itself acts only as an intermediary between the customer and the model and assumes no liability.
2.3. The customer owes the agency the commission. These amounts are the table fares - refer "conditions". Agency commission is charged plus VAT to the customer.
2.4. Any liability of the agency from the mediated relationship is excluded.
2.5. The customer is not entitled to offset claims against the model with the right to commission the Agency or to assert a lien.
2.6. The customer owes the agency a commission for subsequent bookings as long as the model can be represented by the agency.
2.7. Direct bookings which circumvent the agency are not permitted. In case of infringement, the five-time agency-commission is due.
3. Reservations
Details of a reservation resulting from the booking confirmation. Deviating agreements are only valid, if listed on the booking confirmation. In the event of any inconsistency between the booking confirmation and these terms and conditions go specific regulations prior to booking confirmation.
3.1. Options
3.1.1. Options are binding date reservations.
3.1.2. One option expires, unless a confirmed booking made not later than 24 hours before the start of work.
3.1.3. Options are listed after booking. If it is not a first option, the customer is informed of the rank of the option.
3.1.4. If the option expires, subsequent options move forward on the ranking.
3.2. Confirmed bookings
Confirmed bookings are binding for both parties. On customer's request the bookings will be confirmed in writing by the Agency stating the essential details.
3.3. Weather bookings
3.3.1. Weather-related bookings must be expressly designated as such. Unless otherwise agreed these have to be fair-weather bookings.
3.3.2. If the weather conditions do not exist, or if the weather-situation is vague, the customer has the possibility to postpone the booking to the Agency for free at least 24h before the agreed start of work.
3.3.3. From the second shift on the customer will be charged per model CHF 30.00 by the Agency for the administrative effort. If the model is prevented from the second shift the agency looks for a replacement model.
3.4. Casting
3.4.1. A job interview with a client for a potential job should not take longer than 30 minutes. Within the city of Zurich the fee CHF 100.00 (CHF 50.00 / Model - CHF 50.00 / Agency). Outside of Zurich the fees will be agreed by e-mail.
3.4.2. The cancellation of a casting must be done at least 24 hours before the start of casting. Any delay in the cancellation of a casting the customer will be billed per CHF 100.00 (CHF 50.00 / Model - CHF 50.00 / Agency) per model. If the casting is canceled by the customer within the specified time limit the Agency calculates CHF 30.00 per model for its administrative expenses .
3.4.3. The casting images must not be published in any case.
4. Cancellation
4.1. Daily and hourly bookings can be canceled free of charge 48 hours before the start of work.
4.2. If the cancellation occurs up to 24 hours before starting work, 70% of the agreed fee will be charged. Subsequently the agreed fee of 100% will be charged.
4.3. Weather bookings are subject to special conditions which are set out in paragraph 3.3.
4.4. If the cancellation is made by the model, the agency will make their best efforts, if necessary, to find an adequate substitute in our or another agency for the customer.
5. Working
5.1. In one day booking the working time is 8 hours, at a half-day booking
4 hours. Unless otherwise agreed, the working hours of a day booking 9:00 a.m. to 18:00 p.m. with one hour for lunch.
5.2. The work begins with the arrival of the model at the agreed time at the agreed place of work including preparation such as makeup and hair.
5.3. The joint arrival and departure of model and customer to the place of work counts as working hours.
5.4. If the day booked / booked hours are under-utilized by the customer only the booked time will be charged.
5.5. More time than the allotted time period will be rounded up to the next half hour, and charged as normal. There is no guarantee that the model is available over the allotted time period.
6. Fees
6.1. Model
The customer is required to remunerate the booked model with the agreed duty incl. fees (for example, travel expenses) directly by cash after completion of the job.
6.2. Agency
The agency carries back their owing duty plus VAT.
6.3. Special fees
Orders, such as e.g. TV spots, film, lingerie, nude, POS, flyers, carrying bags, posters, road and cinema posters require a separate agreement.
6.4. Travel expense
The arrival and departure time of a model (distance: Location of the model to place of work with public transport) up to 1 hour no travel fees will be charged. Unless agreed otherwise with the agency, a travel fee of CHF 50.00 per hour will be charged. All public transport tickets and possible Taxi fees are paid to the model after completion of the order directly in cash.
7. Payment terms
7.1. The agency charge has to be payed after receipt of the invoice within 10 days due net.
7.2. In case of default a charge of CHF 30.00 per reminder plus 1% interest on arrears will be demanded monthly.
8. Complaints, Liability
8.1. In case of complaints the client must inform the agency and explain the reasons for the complaint. The customer has to create Polaroid photos to prove the complaint. The model has to be expressly released of the obligation to work. The model is not responsible for Hair, styling and make-up. In case of justified complaints, which are detected by the customer, any obligation to pay for this model including travel expenses will not be charged. If admissions of and with the model are still used, this is valid as a renunciation of the customer of any complaint.
8.2. In case of culpable delay of the models (oversleeping, failure), the model has to work longer. If this is not possible to special circumstances or only partially possible, the model loses the proportionate daily fee claim on the basis of the overtime rate.
8.3. For particularly hazardous shots the client must take out an insurance policy for the model. All insurances are the customer's responsibility. The agency itself acts only as an intermediary between the customer and the model and assumes no liability. If the agency was to be entered into risk has not been expressly stated when booking, the model has the right to refuse performance and shall receive a cancellation fee amounting to 70% of the total fee.
8.4. Further claims are governed by the general regulations. The liability of the models and his agency from any legal reason, except in cases of intent or gross negligence, is expressly excluded and in any case limited to twice the total fee.
9. Rights / Copyrights
9.1. Unless otherwise agreed, the rights to use the recordings are only granted to the customer called for a year within Switzerland for the agreed purpose, the agreed product and the agreed form of use with the agreed model's fee. The annual period begins with the actual use but at least 2 months after the photographs.
9.2. Any further use, particularly for posters, billboards, packaging, displays, videos, and any use of the model name requires the express written consent of the agency.
9.3. Licenses are granted until payment of the agreed fee. Any use before full payment of the agreed fee is inadmissible.
10. Final Provisions
10.1. The customer agrees to make changes or additions to the bookings and deviations only by prior arrangement with the agency. Direct agreements with the model are not permitted.
10.2. The validity of these terms and conditions are not affected by the possible invalidity of individual provisions. At place of an ineffective provision the factor counts as agreed which comes closest to the intended purpose. The same applies to the filling of gaps in the contract.
10.3. Parties to these terms and conditions, agency, client and model have to apply to the Swiss law.
10.4. Responsible for any disputes arising from these terms and conditions are the courts at the place of business of the agency.
Disclaimer
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The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
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