Go to German Version

terms and conditions for the booking of models (SC Media UGmbH)
(Hereinafter: the Agency, as of 14.12.2009)

to our valued customers

The following conditions state the legal relations between the models / performers (in following models), the agency and the customer. These conditions are binding unless expressively stated in individual in writing.

§ 1 Booking Basics

The Agency shall give notices to the customers, on behalf and on behalf of the model. The customer is the one who booked with the agency or requesting, unless expressly agreed otherwise the booking.

The customer owes the agency a commission, this is, unless otherwise agreed in 20% (minimum of 100, - €) of the agreed model fee and / or Model-Buyout, or to the cancellation fee, plus tax. All liability of the agency from the referred legal relationship is barred.

The customer owes the agency a commission for subsequent bookings. Direct booking, bypassing the agency are prohibited.

§ 2 Booking arrangements

Options: Options are time-binding reservations. One option is forfeited if the customer does not later than three days (up to 18 O’clock) confirms the booking before the start of work or within one working day if requested by the Agency to make a confirmed booking. Saturday and Sunday are not business days. It is German era. Options are listed after booking. One option expires prematurely if the customer converts it into a firm booking.

Confirmed bookings: Confirmed bookings are binding on both sides. They must be confirmed at the request of the client by the agency, stating the essential details, in writing immediately.

Weather Bookings: weather-related bookings are only possible on the whereabouts of the model and must be explicitly described as such. If the weather conditions, or if the weather clear, the client may cancel the booking with the agency no later than one hour before the agreed target date. For this case, the cancellation fee is 50% of the model's fee.

§ 3 cancellations

A confirmed booking can be canceled in principle only for cause. The legal term for this definition is relevant. Cancels the client without good cause exists, the client is responsible for the agreed fees and charges of the model. In case of cancellation by the model, the agency shall use its best efforts to find appropriate replacement in another agency.

Exceptionally, however, a confirmed booking can be cancelled by the model and the client in case of internal reasons that need to be brought to poof immediately that would make the fulfillment of the confirmed booking economically unreasonable.

The party that cancels must pay following compensation to the party affected:

The cancellation must be involved in the event of cancellation the following payments to be made:
In case of cancellation 12 working days before starting work, 10% of the total fee
In case of cancellation 11 days before the start of work 20% of the total fee
In case of cancellation 10 days before the start of work 30% of the total fee
In case of cancellation 9 working days before starting work, 40% of the total fee
In case of cancellation 8 working days before the start of work 50% of the total fee
In case of Cancellation 7 working days before starting work, 60% of the total fee
In case of cancellation 6 working days before starting work, 70% of the total fee
In case of cancellation 5 days prior to starting work 80% of the total fee
In case of cancellation 4 working days before starting work, 90% of the total fee
In case of cancellation 3 days before starting work 100% of the total fee

thereupon a cancellation on the grounds of this paragraph is no longer allowed. The cancellation must be made no later than 12 o’clock. If the cancellation gets received after 12 o’clock, this day is one of the purposes of the provision as one (1) calendar day. The parties agree that the cancellation received by each party must be confirmed at the same time.

§ 4 hours / surcharges / overtime

Photo models can be booked by hour, by half day or full day and or optioned as such. For the full-day booking the pure working day is eight hours, for the half-day booking four hours. Each includes the time for make-up. Working on Sundays and public holidays or outside normal working hours there is no paid bonus. Overtime is paid with a grace period of 30 minutes with 15% by day booking and 25% with a half-day booking of the base fee for each hour or part thereof. Arrival and departure to a location per day is no overtime.

§ 5 buyout

Rights - unless expressly agreed otherwise are given with the agreed model's fee solely to the client for use in the republic of Germany, for the duration of one year, for the agreed use, the agreed product and the agreed form of use. One-year period begins with the actual use, not later than 2 months after the photographs were taken.

(A) A one-year period begins with the actual use, but not later than three (2) months after the establishment of the recordings.

(B) A digital storage of the photographs is not permitted and only with the express written consent and stating the exact intended use.

(C) Use rights only by paying the agreed amount to be granted. Any use prior to full payment of the agreed amount is invalid.

(D) If any pictures taken without prior notice and buyout agreement or extension be published, a penalty of 300% of the daily fee plus the usual buy-out fee is due immediately.

§ 6 Payment Terms

Payment of invoices model fee (including expenses for evidence) is made within 14 days.

§ 7 Claims / Insurance / Liability

At claim, the customer has to inform the agency immediately and explain the reasons for complaints. The client must take clean shots to prove the complaint. The model is then immediately to release from the obligation to work. In case of legitimate claims, which are detected by the client, any obligation to pay for this model, including travel cost abrogate. In case the client produces recordings with the model, the customer relinquishes to any legitimate complaint.

(Overslept, missed plane, etc.) In case of culpable delay, the model has to work longer. If warranted by circumstances, or only partially possible, the model loses its share of the daily fee claim on the basis of the overtime rate. The model is not responsible for the hair-styling and make-up. For particularly risky shots, the customer must take out an appropriate insurance policy for the model. If the agency was not informed of the hazard at the time of the booking the model is allowed to refuse performance and receive a cancellation fee of 70% of the total fee. A guarantee for a specific result of its achievements and performance of the individuals placed is not given by the agency. In particular, the Agency is not liable for losses, lost profits, lost savings, damages resulting from claims of third parties or for any other consequential damages incurred by the customer due to failure or non-appearance of the performer. Such claims are only extended to the performer to be asserted. The customer is not entitled to set off claims against the actor with the commission is the agency or to any right of retention. The liability of the model and the agency from any legal grounds whatever is the two-time overall fee, except for gross negligence. The liability for slight negligence is excluded.

Further claims are governed by the general law.

§ 8 Final Provisions

(A) For the parties to these terms (agency, model and customer) the German law applies. Place of fulfillment for all obligations resulting from a booking in respect of the copy right is the agency.

(B) The customer agrees not to make changes or additions to the bookings terms and deviations without consulting the agency. Further, not to consult the model for changes to the terms and conditions nor to make additions to the booking specifications.

(C) The validity of the terms and conditions will not be affected by any invalidity of individual provisions. In place of the ineffectiveness of one provision the next best approximate to the intent and purpose shall be considered agreed, The same applies to filling loopholes in the contract.

(D) The venue for traders, legal persons of public law and clients without legal status in Germany is the headquarters of the Agency.