THANS MODEL MANAGEMENT B.V. / BOOKING TERMS AND CONDITIONS
Our client is the party that makes use of the services of Thans Model Management (hereinafter referred to as: “TMM”) and/or the party that wishes to receive the invoice for these services. If the party that makes use of the services of TMM and the party that wishes to receive the invoice are different natural or legal persons then TMM can assume that they can all be qualified as the client: all shall in that case jointly and severally be liable for the obligations vis-à-vis TMM and its models.
TMM looks after all interests and business matters of its models. The client is not allowed to contact models directly about financial or legal matters and/or business interests. The client is not allowed to conclude agreements directly with the models, in particular with regard to the portrait right.
The model is not allowed to contact clients directly about legal and/or financial matters. Nor is the model allowed to conclude agreements directly with clients without express prior written consent of TMM.
A booking agreement is an agreement by and between the client or its representative and the model concluded through the agency of TMM. The client or its representative books models with TMM. Bookings are confirmed by means of a booking confirmation by TMM to the client. The booking confirmation drawn up by TMM sent to the client stating the specifications and provisions concerning exclusivity shall be binding on the parties. With regard to all models applies that they reserve the right to reject a booking assignment.
The model hereby grants TMM permission to use his / her data and any and all footage (which are free of rights) in the broadest sense of the word in order to obtain assignments for the model via clients of TMM, including but not limited to the publication thereof on the website of TMM and the presentation thereof to potential clients. The model is personally responsible for his / her current resemblance to the footage on the website of TMM and must therefore forthwith communicate changes in his / her appearance in order that TMM can replace the footage. If a model is booked for a product that competes with a product for which the model has already performed assignments and booking of the same model would be detrimental to the marketing of the relevant product then the model shall be held to report this to the agency before he / she accepts this new assignment.
Establishment of the fees is stipulated with TMM in advance per individual model and per assignment. These amounts are excluding 20% agency commission and VAT.
A day is understood as a maximum of eight working hours between 09:00 o’clock and 18:00 o’clock. Day bookings for film amount to a maximum of 10 hours, additional hours are charged against the normal fee.
Half a day is understood as four working hours with the understanding that a booking can only take place up to 13:00 o’clock or as from 13:30 o’clock of any day.
A surcharge of € 25.00 is charged for bookings of one hour.
This is understood as a fee that is stipulated between the client and the agency that deviates from the then applicable fee; an agency commission of 20% shall be charged over the same.
To the extent that bookings fall before 08:00 o’clock or after 24:00 o’clock double the applicable fee shall be charged per hour.
Fitting / rehearsals
50% of the hourly fee is charged for this. If the working time takes more than two hours then the normal hourly fee shall be applicable after that.
The complete travel expenses by second class train for bookings outside of Amsterdam are charged to the client from Amsterdam Central Station. The travel expenses incurred by a companion of a child up to and including the age of 16 and of the relevant child are charged to the client. If a model travels by motorised vehicle the statutory kilometre allowance shall apply.
In case of bookings outside of Amsterdam 50% of the hourly fee is charged for travel time, calculated from Amsterdam Central Station or from Amsterdam Schiphol to the place of destination. In case of full-day bookings travel time shall not be charged for assignments in the Netherlands. In case of assignments abroad this shall be established in consultation with the client and the model.
The model must personally have travel insurance.
The model must be in possession of a valid identity document.
In addition to the applicable fees the following surcharges shall be charged for:
The use of photographs, film or video footage for placards, posters, show cards, displays, billboards, commercials and in general any use that differs in terms of format or design from the use stipulated with the client;
Lingerie and/or underwear footage;
Use of footage in more than one country;
Use of footage for more than one subject matter;
Use of footage for more than one medium;
Use of the internet.
If any surcharge is payable per calendar month or other period then the client must pay the applicable surcharge in full, even if the facility or the material is not used for the full period of the facility or the material. The client is also held to report any and all changes and adjustments in terms of the use of the material that has been stipulated between the client and the model to TMM. The client shall be liable for any and all damages incurred by the model or TMM resulting from a (booking) agreement.
Cancellation 48 hours prior to the booking of models residing in the Netherlands;
Cancellation 24 hours prior to the booking of models residing in the Netherlands;
Cancellation on the booking date: the stipulated fee shall be payable in full. In case of a multi-day booking the notice period shall equal the booking. If the notice period is not observed than the stipulated fee shall be payable in full.
Good weather booking:
In case of a good weather booking the client must expressly indicate that it regards a good weather booking.
First cancellation: No costs;
Second cancellation:50% of the stipulated fee;
Third cancellation: 100% of the stipulated fee.
Options on models must be confirmed as a booking 24 hours before the start of the possible booking. Bookings prevail over options however in consultation with the party who first placed the option. The party with the first option shall need to decide.
If the client wishes to have an exclusivity right with regard to a model then binding arrangements must be agreed on with TMM for this in advance. Special fees shall in that case apply.
The client shall receive an invoice for the payable amount from TMM on behalf of the model. If the client does not submit a written complaint to TMM within 8 days after the date of the invoice then the client is deemed to fully agree with the content of the received invoice. The payable amount must be credited to the bank account of TMM within 15 days after the date of the invoice.
As from the date that the payment term has expired the client shall be liable to pay 1.5% interest per month where parts of a month are calculated as a full month.
All costs that need to be incurred by TMM on behalf of the model for enforcement of the rights of the model and/or TMM as well as all judicial and extrajudicial costs shall be at the expense of the client.
Extrajudicial costs shall be payable by the client, without any demand or notice of default being required, in all instances where the model and/or TMM need to rely on legal assistance for the collection of the claim or the enforcement of their rights.
The client shall only be entitled to use the created footage after payment of the payable amounts has taken place.
Upon payment of the fees stipulated with TMM the client obtains the right to use the photographic material for the stipulated use in the Netherlands during a period of one year after the date of the footage.
TMM sends an invoice to its client on behalf of the model for the supplied services.
The model sends an invoice to TMM for the supplied services.
After payment of the invoice of the client to TMM, TMM shall pay the model.
If a model does not personally invoice then the payment shall take place through a payroll company.
The model is personally responsible for the contribution of the necessary taxes.
TMM shall not be liable for any damages that might occur if the model does not or improperly comply with any arrangements, whether or not agreed on through the agency of TMM, between the client and the model. The client shall be liable for any and all damages deriving from a (booking) agreement on the part of the model and TMM. TMM shall not be responsible for any form of damages and/or claims that could occur as a result of contractual obligations entered into by the model with third parties as the client during the booking or for conflicts that could occur as a result of the fact that the relevant model accepts assignments on his / her own initiative after the relevant booking assignment with the client concluded through the agency of TMM that are at odds with the arrangements as agreed on by and between TMM, the client and the model with regard to the specific booking. In this respect the model shall remain jointly and severally liable for the consequential damages.
Complaints about the model / rejection
In case of a justified complaint of a client any claim of TMM shall expire. Condition is, however, that the client forthwith informs TMM of the complaint stating reasons and, where necessary, evidencing the same. The model must forthwith be rejected.
TMM shall by no means be liable if a client does not, untimely or incompletely pay an invoice, for any reason whatsoever. TMM shall be authorised to outsource the collection assignment of amounts payable to the model to a third party. TMM shall be authorised to recover the collecting costs from the party that causes the dispute. TMM shall never be held to pay any compensation, payment of costs or damages, alternative assignment, allowance or any other amount to the model if an assignment of a client is, for any reason whatsoever, not continued. TMM shall, however, try to find an appropriate solution.
Dispute settlement rules
All disputes originating from the present agreement shall be assessed according to Dutch law and must be brought to the cognisance of the competent court in Amsterdam.
Thans model Management B.V. is registered with the Chamber of Commerce in Amsterdam under number 54076544