Conditions

Terms and conditions for booking models through VDM Model Management B.V. registered in Amsterdam, The Netherlands, Chamber of Commerce registration number 343 71 423, hereinafter called “VDM Model Management” (VDM Model Management is the registered trade name of VDM Model Management B.V.).

1. Terms and Conditions

1. These booking conditions cover all agreements between VDM Model Management and third parties (the Client).
2. Deviations from these booking conditions are only valid when they agreed upon in writing between the Client and VDM Model Management.
3. The booking conditions of VDM Model Management take precedence over any booking conditions of the Client, unless agreed otherwise.

2. Fees

a) Permitted use

Unless agreed otherwise and laid down in the booking confirmation form, booking fees provide an entitlement and right for the Client to use one image via a single published medium for one year from the date of the booking for the initially permitted use in the Netherlands only. Please note that such permitted use and entitlement is subject to payment in full of all fees owed to the Agency.

b) Daily/ half-day rate/ hourly rate

Standard hourly rates are charged from Monday to Friday between 09:00 and 17:00 hours or between 10:00 and 18:00 hours. Any booking for more than 5 hours will be charged as a day. Booking fees are charged by the day, half-day or by the hour, or on an alternative basis, for example, a set fee for a catwalk show. The half-day rate is only applicable when a booking is for a period ending at 13:00 or starting at 14:00 on any day. Details will be set out in the booking confirmation form.

c) Overtime

Overtime rates apply to bookings that start before 8:00 am or continue after 12.00 midnight or for bookings that last longer than a normal eight-hour working day. A special rate is negotiated for night work between 24:00 hours and 09:00 hours.

d) Travel

For each hour or part of an hour spent travelling, 50% of the hourly rate will be charged. The travel time will be calculated from the moment the model or other person leaves her/his place of residence until he/she reaches the client’s venue. Travel time will not be charged if a daily rate has been agreed upon.

Full travel expenses will be charged for models or others. These expenses will include all expenses incurred between the place of residence of the model or other person and the venue. First Class train fares apply and Tourist Class plane fares. The expenses will include taxi fees if necessary.

e) Fitting fees

Any time spent by the model for fittings is charged at half the appropriate hourly rate with a minimum charge of € 50,- per hour. If the fitting and tailoring take longer than two hours, the hourly rate applies.

f) Lingerie, underwear and foundation garments

A surcharge of 50% applies to modeling the articles mentioned above.

g) Nude

It is prohibited to take nude photos of the models, unless the Client and VDM Model Management have a prior written agreement. For nude photography a minimum surcharge to the hourly rate applies.

h) Additional expenses

All expenses incurred by the Agency on the Client’s behalf will be charged to the Client.

i) Location bookings

When a location booking is made, the Client shall provide transport for the model to the booking location and back again unless agreed otherwise. If the Client fails to provide such transport then the Agency shall be entitled to re-charge the cost of the transport procured for the model. If a model on location is prevented from returning, half the daily fee will be charged to and payable by the Client.

3. Additional fees

To be agreed at the time of the booking or before any additional usage.

a) Usage

Additional fees are payable for the right to use the model’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes other than the initially permitted use, details of which will be set out in the booking confirmation form, e.g. packs, posters, showcards, record covers, swing tickets etc. Unless agreed otherwise, the additional fees cover the right to use one image for one year from the date of booking, in the Netherlands only, for the permitted use or uses or purposes agreed between the Agency and the Client. Under no circumstances will any additional usage fee be less than the model’s advertising day rate as determined by the Agency unless determined otherwise by the Agency and at its sole discretion.

b) Territory

Additional fees are also payable for the right to use the model’s image or reproductions etc, as set out in section 3a) above for all known or anticipated territories other than the Netherlands. Unless otherwise agreed the additional fees cover the right to use one image for one year or one season (as determined by the Agency at the date of the booking) from the date of booking, in the territory or territories agreed and stipulated on the booking form. Under no circumstances will any usage fee be less than the model’s advertising day rate as determined by the Agency unless determined otherwise by the Agency and at its sole discretion.

c) Other services

Additional fees are payable for other services to be supplied by the model, such as personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis.

4. Agency Fees

a) All bookings apart from equity contract TV commercials

The Agency charges a supplement of 20% on all fees including hourly, daily and overtime fees, all fees for the right to use and all fees negotiated for any other service to be supplied by the model. Both Agency fees and model fees will be invoiced by the Agency.

b) Value added tax

All sums payable under these terms and conditions are exclusive of VAT and any other similar or equivalent taxes or duties which shall be payable in full without set off by the Client.

c) Payment

1. VDM Model Management will send an invoice to the Client for the amount due.
2. If the Client does not object in writing to VDM Model Management within eight days from the invoice date clearly stating his reasons for objecting, the Client is considered to agree with the contents of the invoice. Payment of the total amount shown in the invoice shall be due from the invoice date.
3. If the invoice is not paid within 30 days from the invoice date, the Client shall be in default and VDM Model Management shall be entitled to charge interest at the valid statutory rate over the total amount due from the invoice date until payment is received by VDM Model Management.
4. The Client is not authorised to deduct from the amount due any claims the Client may have against VDM Model Management.
5. VDM Model Management shall be entitled to charge the Client with all legal and other costs incurred by VDM Model Management.

5. Exclusivity fees

Unless agreed otherwise, the model is supplied to the Client by the Agency on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the Client. An additional fee is to be agreed upon if the use of the model’s image or the service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific exclusivity) basis which rules out supplying services or allowing the use of the model’s image for competing and/or particular sectors of products or within a particular territory. A model can supply services to and allow use of the model’s image by any competitor unless such an exclusivity fee is negotiated and paid by the Client. It is the Client’s responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.

6. Cancellations

If the booking is confirmed in written and the booking will be cancelled the full booking fee will be charged to and payable by the Client unless the same model is booked within 24 hours of the cancellation in which case half the booking fee will be charged to and payable by the Client. If the booking is confirmed in written and the booking will be cancelled between 5 and 7 days before the booking, half the booking fee will be charged to and payable by the Client. The full booking fee will be charged to and payable by the Client for cancellations of bookings of more than three days duration within a period equal to or less than the length of the booking.

7. Meals

Clients are responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) while the models are providing services to the Client.

8. Model care and safety

The Clients shall ensure that the model is treated with respect and professionalism and the Client shall take all steps necessary to ensure that the safety, health and well-being of the model are protected and maintained at all times while he/she is providing services to the Client. Such steps shall include without limitation:

1. ensuring that the venue for the provision of the services and the working conditions are safe and secure and allowing the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
2. allowing the model regular breaks for rest and refreshment while providing the services;
3. providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model while the model is delivering the services and travelling to and from the Client’s venue as if he/she were an employee of the Client;
4. ensuring that all people and organisations engaged by the Client in connection with the delivery of the services are suitably qualified, experienced and professional;
5. ensuring that no one imposes upon the model any action or activity that is either dangerous, degrading, unprofessional or demeaning to the model;
6. providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services in privacy.

9. Liability

VDM Model Management shall not be liable to the Client in respect of any actions, proceedings, accounts, claims or demands of any kind which may from time to time be brought or made by the Client in connection with any loss or damage caused to the Client by VDM Model Management or any of the models or other persons supplied by VDM Model Management to the Client unless the same were caused by malice or gross negligence. The Client releases VDM Model Management from all liability in respect of any actions, proceedings, accounts, claims or demands which may from time to time be brought or made in connection with any loss or damage caused to any third party by VDM Model Management to the Client during the completion of work done for the Client by such model or other person, unless the same were caused by malice or gross negligence.

10. Complaints

11. Notices

Any notice required to be given hereunder to VDM Model Management shall be given in the form of a telefax or a registered letter and shall only be effective when actually received by VDM Model Management. For this purpose the telefax or registered letter should be addressed as follows:

Always include a credit as “model’s name” @ “the Agency”, wherever a credit is applied.

All agreements with VDM Model Management B.V. are governed by the law of The Netherlands. Regarding all disputes with respect to these Terms & Conditions, parties hereto submit to the exclusive jurisdiction of the Courts of The Netherlands.