§ 1 SCOPE
These terms and conditions will be included in contracts with companies in accordance with § 14 of the Civil Code. For contracts with consumers, only the general legal provisions. The following booking conditions apply, unless otherwise agreed. Deviating agreements require written form.
§ 2 BOOK
The reservation request (request) binding after confirmation by SATORY in the name of the model for the customer and the model.
The Agency will send notices to the client in the name and on behalf of the model. A client shall be the one who booked with the agency, unless specifically when booking otherwise agreed in writing.
(1) The hiring of young people guarantees SATORY the consent of the legal representative of the extent of reserved operations. The rules of the Jungendarbeitsschutzgesetzes are required in every case (see § § 11,12).
(2) The customer shall owe the agency fee (§ 9) for subsequent bookings, as long as the model can be represented by the agency. I undertake to refrain from direct bookings, bypassing the agency.
§ 3 CANCELLATION
SATORY is entitled, as a condition to require a confirmed booking a deposit equal to the anticipated expenses or a portion of the fee. A confirmed booking can be canceled by either side for good reason. All contractual obligations set forth in effective cancellation. An important reason for customers with a proven order cancellation by a customer of the customer regarding the planned event or condition of the photographer. The posting of another model is not an important reason for the cancellation of the booking. The cancellation by the customer is SATORY soon as possible after the relevant event to indicate the reason and evidence. The cancellation for cause may be another week before each operating day. If the cancellation in time or without cause, the model agreed fee in full pay if no other SATORY possible mediation of the booked model. When used for other agency is to be replaced if a fee difference.
§ 4 OPTION
Options are time-and place-binding reservations. An option shall, if not later than the third day, 18 Clock (German era) before start of work or within one working day (Mon-Fri) if requested by SATORY is a confirmed booking. Options are listed after booking. If it is not a first option, the customer is notified to the rank of the option. Forfeit an option to move the following options in order of preference.
§ 5 PREVENTION OF MODELS
SATORY guarantee the booking and contractual obligation of the model, but not the actual operations or operational capability of the model. Upon failure of the model SATORY will use its best efforts, where appropriate, other agencies, for the customer to find an adequate replacement. Indemnity by SATORY for financial losses or damages due to failure of the model is not justified (see § 15). Any failure, free to customers of its agreed payment obligations to the model and SATORY.
§ 6 ADVERSE WEATHER CONDITIONS
Weather conditions can be agreed with SATORY only for short-term bookings at the residence of the model and must be explicitly mentioned in the booking request. Lie agreed upon weather conditions, or if the weather clear, the customer may cancel the booking with SATORY up to one hour before the scheduled start of work. In this case, the cancellation fee is 50% of the model's fee.
§ 7 RATES
The model fee includes the daily fee and the fee for use rights which separately, arising possibly including sales tax. are reported. The basic rates are as follows:
(1) RATE MODE
include all photographs of clothing and fashion related accessories (night clothes, jewelry, socks, shoes, hairstyles, glasses, etc.) that are designed in connection with fashion, where it is not advertising.
(2) SPECIAL RATES
Foundation garments, underwear, nude, consumer advertising, advertising photographs at the fashion collective and commercials always require a separate agreement.
(3) HALF DAY BOOKINGS
The model fee for half day bookings is residing at models at least 60% of the otherwise occurring daily fee, unless otherwise agreed. Half-day bookings from non-resident models are in an exceptional case with possible travel day replacement.
§ 8 TRAVEL COMPENSATION / TRAVEL EXPENSES
The travel allowance of the model to and from work is only for operations of less than 5 working days abroad paid for by the customer and if the trip must be made in whole or in part during the normal working of models.
booked up to 2 business days: 100% of the daily fee as a travel allowance
Booked up to 4 working days: 50% of the daily fee as a travel allowance
Residing at, or not traveling models of accommodation and meal expenses are not reimbursed. Taxi costs, excluding part-time and hourly bookings ¬ reimbursed only outside of the city's transport networks. If the customer will be organized trips from the model's departure (airport / train station) the actual travel, subsistence and accommodation costs are paid by customers. The reimbursement of additional expenses lump sum to the fiscal rate.
Is the model for several clients at one location, the cost to the respective working days without regard to the duration of the single missions are divided proportionally.
§ 9 COMMISSION / PAYMENT
The fee for the customer to Satory is 20% of the agreed model fee or cancellation fee.
For a booking of 50,000 € each model, the commission for the customers, only 15% of the agreed model fee / cancellation fee. The data are valid in each case plus VAT. All liability of SATORY from the mediated relationship is impossible. The customer is not entitled to set off claims against the model with the commission is SATORY or to any right of retention. The customer owes the agency a commission for subsequent bookings, as long as the model is represented by SATORY. I undertake to refrain from direct bookings, bypassing SATORY. In a breach of the customer a penalty and the commission will be due immediately.
§ 10 WINDING ing payment transactions
The model has SATORY responsible for collecting its fees. The fee and the agreed commission is due within 14 days of receipt of the invoice for payment, unless otherwise agreed. After 30 days of receipt SATORY is entitled to make charges in the bill.
Fees are invoiced in euros and paid for. Fees are paid in local currency or in euros at the buying rate.
SATORY is entitled to send the bill to as an electronically signed document via email. The non-cash payment has to be made in euros to the bank account of SATORY.
Direct payments to the model does not exempt from payment of the customer. If the model makes statements that deviate from this rule, they are in relation to a posting on SATORY was ineffective.
§ 11 working hours TEN
In a day booking is working 8 hours, with a half-day booking 4 hours. Unless otherwise agreed, take the regular working hours of a booking by the day 9.00 bis 18.00 clock clock with a continuous half-hour lunch break and another break of 30 minutes, depending on the customer's instructions. For a half-day booking, the rest is generally spent, except for overtime.
When you hire young people (age 15-17 years) guarantees the customer SATORY compliance with youth employment law. The status of the young models, free as an independent non-observance of this law. In particular, limiting the operating times to periods from Monday to Saturday between 6 und 20 clock is observed. After each use, a free time is at least 12 hours in the period 6 - 20 ensure clock. The inserts shall be limited per week to 5 days.
Overtime is only payable, if the customer takes more than a half hour of the agreed working hours. Each with a bonus of 15% of the agreed daily rate per hour or part thereof.
Breaks are not counted as working hours, but waiting times that were not initiated by the model itself.
A requirement to pay overtime is not redeemable for the model does not, except to late arrival of the model.
The work begins in doubt with the arrival of the model on the agreed work with the customer at the agreed time. Preparatory actions such as makeup, hair, etc. are counted as working.
Organised by the customer call outs, including those from the overnight to the site include the working hours.
At fault caused delay of the model, the model has to work longer. If warranted by circumstances, or only partially possible, so the absence of the agreed fee model based on the overtime rate will be deducted.
§ 12 ARBEITSBED PRECAUTIONS
For the customer, compliance with all safety regulations of the Federal Republic of Germany, in operations abroad is compulsory.
Accident and health risks, the customer must insure their own costs and any risks notified no later than at time of booking and proof.
This includes assignments at specific heights, at sea or under abnormal climatic conditions in inadequate clothing.
A customer has to be organized accommodation in hotels with at least three-star standard according to the official hotel classification.
A violation of these provisions entitles the model for the immediate cessation of work and SATORY to terminate the contract.
The customer's obligation to pay the full fee for the intended total bet would be unaffected by such termination.
The provisions of the Youth Employment Protection Act are followed during the hiring of young people.
§ 13 BEANSTANDU NGEN / TERMINATION
Immediate termination on the assignment, shall be allowed if warranted characteristics of the model are not given and it therefore can not be used for the agreed purpose. It eliminates the fee requirement of the customer to the model, including travel costs.
The customer must notify the SATORY of Default immediately by telephone and explain the content.
There are photographs to create the documentation to prove the grounds for termination.
For the kind of hair styling's,'s styling and make-up, the model is generally not responsible. If, while the details of, the customer has to ask before booking contemporary photographs of the model. If he fails, he is not free, despite cancellation of the payment of the agreed fee and commission.
Where such models still being used, so images were acquired for use, shall be considered as a complete confirmation of the customer.
A reduction of the proposed fees are generally not eligible, even if the use was limited.
§ 14 Liability
Further claims are governed by the general law.
The liability of the model and the agency, on any legal grounds whatever is limited to twice the total fees. Excluded are intent and gross negligence, and breach of the life or health.
§ 15 IMAGE RIGHTS - USE RIGHTS
The copyright to the sculptures created by the statutory provisions is to the photographer and the model.
The model with grants from the reservation expressly agreed use (product, customer, use the form) of its shots within Germany for 1 year using a date. The possible use begin no later than 1 year after the photographs were taken in, thus avoiding after 2 years. For Internet presentations is on the side of an operator headquartered in Germany and only a purely German-presentation from a nationally restricted use assumed.
This usage is paid off with the agreed fee. An extension can only occur via SATORY and charges apply.
Any other use, and the use of the model name require express written permission of SATORY.
Digital storage of the images is allowed under the use granted. After the end of its useful life, the data must be deleted.
Use rights are granted until payment of the agreed fee or a supplementary fee. Any use before full payment is not allowed. For any unauthorized use charge a flat rate penalty of at least 500% of the agreed daily fee. With continuous use, the penalty falls on for each year of use. Other damages are reserved.
§ 16 USE OF SELF-EXPRESSION AND SELF-PROMOTION
It is understood that SATORY that may be used in the context of bookings resulting products (such as photographs, videos, catalogs, flyers, brochures, banners, etc.) the booked model, free of charge for advertising purposes on behalf of the model (in particular for model comp cards and Internet presence). The customer is asked at least one unsolicited copy as soon as possible after publication of the advertising agency to be sent. SATORY brings to request a copyright of the photographer.
§ 17 ENTICEMENT
Any form of solicitation by a customer is prohibited. The customer acknowledges that any attempt to poaching for themselves or others or incitement to infringement of the model results. Direct agreements between the model and the customer will not affect the obligations of this contract. Changes to bookings must be made only after prior consultation with SATORY and it is to be omitted, Models to stop during the working days of booking changes or make additions.
Changes or additions to the bookings and deviations from these booking can be made by SATORY.
§ 18 FINAL PROVISIONS
It is only the law of the Federal Republic of Germany. Performance for all obligations under the reservation in connection with use rights, Berlin. The validity of the contracts is not affected by the possible invalidity of individual provisions. The invalid provision shall be considered agreed, which best approximates the intent and purpose. The same applies to contractual loopholes.
Jurisdiction for all disputes arising under this contract is Berlin.