TERMS & CONDITIONS
AND BUYOUT

§ 1  GENERAL

The following provisions are intended to regulate the legal relationships between the models/talents, agencies and respective customers in a binding manner, unless expressly agreed otherwise in individual cases. The members of VELMA, the models/talents they represent and their customers should be protected from expectations and demands that are unusual in the industry.

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§ 2  BOOKING PRINCIPLES

1. The agency makes declarations to the client in the name and on behalf of the model/talent. The customer is the person who books with the agency, unless otherwise expressly agreed in writing at the time of booking.

2. The customer owes the agency the agency commission. Unless otherwise agreed, this amounts to 20% of the agreed fee plus VAT.

3. Any liability of the agency from the brokered legal relationship is excluded. The customer is not entitled to offset claims against the model/talent against the commission claim of the agency or to assert a right of retention.

4. The customer also owes the placement commission for follow-up bookings as long as the model/talent is represented by the agency. He undertakes to refrain from direct bookings bypassing the agency.

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§ 3  BOOKING CONDITIONS

1. options
   Options are appointment-binding reservations. An option expires if a firm booking is not made at the latest three working days (by 6 p.m.) before the start of the activity or within one working day after the agency has requested it. Saturday and Sunday are not working days. German time calculation applies.
   Options will be noted upon receipt of booking. If the option is not a first option, the customer will be informed of the rank of the option. If an option expires, subsequent options move up in rank.

2. firm bookings
   Fixed bookings are binding for both parties. At the request of the customer, they must be confirmed in writing by the agency immediately, stating the essential details.

3. weather bookings
   Weather-related bookings must be expressly designated as such. If the weather conditions are not available or if the weather is unclear, the customer can cancel the booking with the agency up to one hour before the agreed start of work. In this case, the cancellation fee is 50% of the agreed fee.

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§ 4  CANCELLATION

1. A firm booking can be canceled for important reasons. Circumstances that make it economically unreasonable to carry out the fixed booking also represent an important reason for cancellation. The agency must be informed immediately of the cancellation.

2. The cancellation must be made as many working days before the start of work as working and travel days have been booked, but at least 3 working days.

3. If the cancellation is made before 12 noon, this day must be included in the calculation. Saturday and Sunday are not working days. German time calculation applies.

4. Daily and hourly bookings must be canceled 24 hours before the start of work.

5. If the cancellation is made by the model/talent, the agency will do its best to find an adequate replacement for the customer, possibly involving other agencies.

6. If cancellation is not made in time or without good reason, the agreed fee must be paid.

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§ 5 WORKING HOURS

1. With a day booking, the working time is 8 hours, with a half-day booking 4 hours.

2. The working time begins with the arrival of the model/talent at the agreed place of work with the customer at the agreed time. Preparations such as make-up and hairstyle count as working time.

3. Overtime is remunerated at 15% of the agreed daily fee per hour started. Exceeding the working time by up to 30 minutes will not be charged as a gesture of goodwill.

4. The joint arrival and departure of the model/talent and customer between the hotel and the place of work (location) counts as working time. Arrival and departure (together) up to one hour per day will not be charged as a gesture of goodwill.

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§ 6 FEE

The fee includes the daily fee and the fee for rights of use, buyout, plus VAT, if applicable.

The fee for half-day bookings is at least 60% of the daily fee for models/talents based at the place of work. Half-day bookings of arriving models/talents and hourly bookings always require a separate agreement.

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§ 7  TRAVELING EXPENSES

1. Travel days replacement
   The model's/talent's travel to and from the place of work will only be remunerated if it takes place in whole or in part during the model's/talent's normal working hours. The travel day replacement amounts to:
   up to 2 working days: 1 daily fee,
   up to 4 working days: 1/2 daily fee,
   from 5 working days: no travel days replacement, unless the arrival or departure extends over a whole working day.

2. travel expenses
   In the case of models/talents resident at the place of work or who have not traveled there, accommodation and meal costs will not be reimbursed.
   When traveling together from the airport/train station of the departing model/talent, the travel, meal and accommodation costs incurred are borne by the customer. Reimbursement is made either as a lump sum according to the tax standard rates per working day or on presentation of the receipts.

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§ 8  PAYMENT TERMS

The fee, including cancellation fees, travel days and travel expenses, as well as the agency commission are to be paid without deduction upon receipt of the invoice, with the exception of applicable tax laws.

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§ 9 COMPLAINTS, LIABILITY

1. In the event of complaints, the customer must inform the agency immediately and explain the reasons for the complaint. Photos must be taken immediately to prove the complaint and sent to the agency by email. The model/talent must then be expressly released from their work obligations. The model/talent is not responsible for hairstyling, styling and make-up. If recordings are nevertheless made with the model/talent, this shall be deemed to be a waiver by the customer of any complaint.

2. If the model/talent is culpably late (overslept, missed a plane, etc.), the model/talent has to work longer accordingly. If this is not possible or only partially possible due to special circumstances, the model/talent loses their pro rata daily fee entitlement based on the overtime fee.

3. In the case of particularly risky recordings, the customer must take out appropriate insurance for the model/talent. If the agency was not expressly informed of the risk to be taken at the time of booking, the model/talent is entitled to refuse its service and will receive a cancellation fee of 70% of the agreed total fee.

4. Further claims are based on the general statutory provisions. The liability of the model/talent and his agency for any legal reason is limited to twice the total fee, except in the case of intent and gross negligence.

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§ 10 RIGHTS OF USE

1. Unless expressly agreed otherwise, the rights of use to the recordings are granted exclusively to the named customer for one year within Germany for the agreed purpose, the agreed product and the agreed form of use with the agreed fee. The one-year period begins with actual use, no later than 6 months after the recordings were made.

2. Any further use, in particular for posters, billboards, packaging, displays, videos, as well as any use of the name of a model/talent requires the express written consent of the agency.

3. Rights of use are only granted upon payment of the agreed fee. Any use before the agreed fee has been paid in full is not permitted.

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ARTICLE 11 FINAL PROVISIONS

1. German law applies between the parties to these booking conditions, agency, customer and model/talent. The place of performance for all obligations arising from the booking in connection with rights of use is the agency's registered office.

2. The customer 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 asking models/talents to make changes or additions to the booking during the working days.

3. The validity of the booking conditions is not affected by the possible invalidity of individual provisions. In place of an ineffective provision, that which comes as close as possible to the intended purpose shall be deemed to have been agreed. The same applies to the filling of gaps in the contract.

4. The place of jurisdiction for registered traders, legal entities under public law and customers without a general place of jurisdiction in Germany is the registered office of the agency.