Terms & conditions / General conditions

MM Models booking conditions.

Chamber of Commerce: 84972084

1. Terms and Conditions

1.1 These general terms and conditions apply to every agreement between MM Models (hereinafter: “MM Models”) and a client (hereinafter: “the client”) in which use is made of one or more models/persons for whom MM Models mediates (hereinafter: “the model or a model”);

2. Booking Agreement

2.1 A booking agreement is an agreement between the client and the model. The model undertakes to provide a number of services on a specific date (hereinafter referred to as “booking date”) and to transfer publication rights to the client for a specific period of time; the client undertakes to pay MM Models for services rendered by model and MM Models.

The booking agreement is concluded when a client connects with the model via MM Models (hereinafter 'books') to purchase these services and publication rights for a specific amount (hereinafter 'invoice amount').

3. Rates

3.1 MM Models uses established standard rates which are available on request. In the absence of written agreements to the contrary with the model or written and oral communications from MM Models, the standard rates are binding.

3.2 All rates and surcharges to be specified are exclusive of agency commission (20%) and exclusive of VAT.

3.3 The services of the model for the client are determined by

MM Models and charged on a full day, half day and hourly basis.

3.4 Unless otherwise agreed in writing with the client, the following provisions of

application;

a. Hourly rate

For bookings of one hour, a surcharge of € 25 excluding VAT will be charged extra on the agreed hourly rate.

b. Half Day Rate

A half day consists of 4 hours and must end at 1 pm, or start from 2 pm on any day.

c. daily rate

Unless the hourly or half-day rate has been expressly agreed, the daily rate will be charged to the client, regardless of the time that the model was available to the client. A working day is understood to mean 8 hours (with the exception of commercials).

d. Overtime

Diaries for photography amount to a maximum of 8 working hours.

Diaries for commercials are a maximum of 10 working hours.

Overtime is charged on the basis of the model's standard overtime rate at that time.

Hours and overtime for work that takes place between 00.00 and 08.00 will be charged at twice the then applicable standard hourly rate of the relevant Model.

e. Fitting and rehearsals

The fee for work in preparation for recordings, such as fitting through, rehearsals, etc., is calculated for the first two hours at 50% of the agreed hourly rate, unless otherwise agreed in writing with MM Models.

The full agreed hourly rate will be charged for all hours in addition to that. If no hourly rate has been agreed, but a (Half) Day rate, the standard hourly rate of the model then applies for this calculation.

f. Cost of travel and lodging

The travel and accommodation costs of Models who live or stay in the Netherlands, for bookings that take place within the Netherlands, but outside Amsterdam, must be fully reimbursed by the Client at the second-class rate of the Dutch Railways or at a kilometer allowance if the Model with the car travels.

Travel and accommodation costs for Models who live or stay abroad must be fully reimbursed by the Client. This also applies to the travel and accommodation costs of Models who live or stay in the Netherlands and for bookings abroad.

The costs for foreign travel must be paid in advance by the Client.

3.4 The invoice amount is the sum of: the model fee, the travel time, the agency fee of 20% on the model fee and travel time, the travel costs, and the VAT on the total.

4.Surcharges

4.1 Surcharge rates apply in the following cases. These rates will be made known to the client by MM Models on first request:

a. Work that takes place between 24.00 and 08.00 will be charged at twice the then applicable standard hourly rate of the relevant model.

b. If the Model appears in shows, films, commercials, television or video recordings or is depicted on, among other things, posters, displays (whether in shops or not), bus shelters, billboards, the Internet, posters, posters, stickers, postcards, boomerang cards, show cards calendars, labels, packaging, window posters, images on trams and buses and in general any use of the material that differs in format or design from the use agreed between MM Models and the client.

c. If the material is used in more than one country.

d. If the material is used for more than one subject.

e. If the material is used for more than one medium.

f. A surcharge of 50% of the standard rate will be charged for work and/or recordings in swimwear, lingerie or underwear.

g. Taking nude photos, partially or completely, is prohibited at all times, unless the client and MM Models have reached agreement in writing in advance.

Different rates and surcharges apply for this.

h. When a Model is requested for a casting, no additional costs will be charged, unless it concerns 10 or more models at once. In that case, a surcharge will apply.

i. For the travel time, to be calculated from Amsterdam to the shooting location and back, 50% of the standard rate will be charged to the client, rounded off to whole hours.

No travel time is charged for an entire diary, nor for bookings in Amsterdam.

4.2 If a surcharge is due for a certain period, the Client must pay the entire surcharge, even if the facility or material is not used during the entire period.

4.3 The surcharge and associated period start with effect from the use or the publication date, unless otherwise agreed in writing with MM Models;

4.4 The client has a duty to report to MM Models with regard to any change and/or adaptation and/or conversion whereby the model and/or material and/or the publication rights are used differently than agreed in writing between the client and the model.

5. Special allowances

For deviations from the use as referred to in Article 4, a separate written agreement must be concluded between the client and the model (via MM Models) with regard to the deviating use and the pricing thereof.

The model is entitled to a surcharge to be agreed upon, in particular for use for:

a. Exclusivity of the model desired by the client.

b. Video/DVD/TV/film/CD-ROM recordings, or other (new) recording media; a separate surcharge applies for the recordings to be used for TV commercials.

c. Live shows, presentations of any kind, whether or not intended for video/TV.

d. More than one medium, for example the use of existing material, such as packaging, in a TV commercial.

e. Cinema commercials or similar messages.

f. CD covers, book covers, calendars, stickers etc.

g. Conversion of one medium into another medium.

h. Packaging.

i. Media not named above/as yet unknown media.

6. Unauthorized Use of Material

6.1 The client is not entitled to any other use of the material than agreed in advance. This prohibition also applies to any use that differs in format, design, duration, medium, geographical scope or otherwise from what has been agreed between MM Models and the client.

6.2 If the client wishes to use the material in a different way than has been agreed with MM Models, the client will submit a request to this effect to MM Models by email, after which MM Models will decide immediately. MM Models is entitled to attach additional conditions and rates and/or surcharges to permission for such a deviation.

6.3 If the client acts contrary to article 6.1, the client is obliged to pay a fine to MM Models of 3 times the rate that would have been charged if MM Models had been informed in time of the intended use. This does not affect the client's liability towards potentially injured third parties.

7. Options and Bookings

7.1 An option on a model must be confirmed as a booking no later than 24 hours before the start of any booking and 48 hours before the start for a model residing or living abroad.

Bookings go for options but only after consultation with the person who placed the first option. The first optant decides whether he still wishes to convert his option into a booking or not.

7.2 Options must be confirmed to MM Models in writing by the optant no later than two full working days before the start of the relevant booking time. If this term is not adhered to, the option will automatically expire without further notice from MM Models being required.

8. Cancellation Fees

8.1 If the client cancels the assignment prior to the agreed booking time, the costs below will be charged on the basis of: business days. The moment of receipt by e-mail to the e-mail address of the relevant booker from MM Models is assumed.

The cancellation costs also apply if the cancellation cannot be blamed on or charged to the Client in any way;

a. No costs with the exception of travel and accommodation costs: Cancellation no later than 48 hours before the start of the booking time of models living or staying in the Netherlands. 72 hours before the start of the booking time of models living or staying abroad.

b. 50% of the full rate plus travel costs and any surcharges: Cancellation no later than 24 hours before the start of the booking time for models living in the Netherlands and abroad.

c. 100% of the full rate, plus travel and accommodation costs and any surcharges: Cancellation less than 24 hours before the start of the booking time.

6.2 For multi-day bookings, the notice period is the same as the duration of the booking, with a minimum of two full working days. The notice period must be fully prior to the start of the booking. In the event of cancellation within a shorter term, the Client owes the full rate and any surcharges and travel costs.

9. „Good weather“ Booking

9.1 If the client has explicitly agreed with MM Models that the booking is only effective in a certain weather type, then the client is entitled once to cancel such a booking without being charged a fee or costs. In the event of a second cancellation, the client owes half the rate. Thereafter, the client owes the full rate in the event of cancellation, regardless of the time that has elapsed since the prior cancellation.

10.Payment

10.1 MM Models sends an invoice to the client for the amount owed by it.

10.2 If the client does not complain in writing and with reasons within 8 days of the invoice date, he is deemed to fully agree with the contents of the invoice received. The client is then no longer entitled to suspend its obligations on the basis of any complaint.

10.3 The amount owed must be credited by the client to the bank account of MM Models within 30 days of the invoice date.

10.4 If payment of the invoice is not made within the period of 30 days, the client owes default interest of 1.5% per month on the principal amount owed without further notice of default, whereby parts of a month are counted as a full month.

10.5 The client only acquires the right to use the recordings as agreed upon after payment of the amounts owed has taken place.

11.Liability

11.1 MM Models is not liable for damage, regardless of the cause, except insofar as the law or these terms and conditions stipulate otherwise and except insofar as there is non-excludable intent or gross negligence. This concerns direct and indirect damage, consequential damage, loss of profit, other business damage of the client and damage as a result of liability of the client towards third parties. With regard to intent or gross negligence, the burden of proof rests on the client.

11.2 The liability of MM Models is in all cases limited to the amount paid out under the insurance policy of MM Models.

11.3 MM Models stipulates all legal and contractual defenses, which it can invoke to fend off its own liability towards the client, also on behalf of its subordinates and non-subordinates for whose conduct it could be liable according to the law.

11.4 The client is liable towards the model and/or MM Models for all direct or indirect damage arising from an assignment or arising from non-compliance with a provision of the agreement and/or these general terms and conditions.

12.Complaints about the model / refusal

12.1 In the event of a complaint from a client about a model, the parties will consult about the claim of MM Models. The client must submit the complaint to MM Models without delay, stating reasons and if possible substantiated with evidence. The model must be immediately refused by the Client or sent away.

12.2 The complaint must be received in writing (by e-mail or by registered post) by MM Models at one of the following addresses: MM Models, Hogebiezendijk 66B, 3401RT te IJsselstein or info@mm-models.com

13. Dispute Resolution

13.1 The legal relationship between MM Models and the client is governed by Dutch law. All disputes arising from a (booking) agreement concluded with the model and/or MM Models are assessed under Dutch law and must be brought before the competent court in Amsterdam.