1. General Conditions
1.1 These terms and conditions apply to any agreement between A&P Model Management (Hereinafter A&P Model Management and a client ( “the Client”) which utilizes one or more models / persons for which A&P Model Management mediates (Hereinafter “Model”).
2.1 of the Model services for the Client shall be determined by A&P Model Management
2.2 All fees and charges include agency commission and excluding VAT.
2.3 Unless otherwise agreed with the Client, the following provisions shall apply.
a. Hourly rate for one-hour bookings, a fee of € 30, – excluding VAT charged.
b. Daily rate Half a day consists of 4 hours with a rate of € 100, -excluding VAT and is to end at 13:00 or to commence from 14:00 on any day.
c. Daily rate Unless the hour or half-day rate has been expressly agreed, the Client will be charged the daily rate of € 200, – excluding VAT regardless of the time the model has been made available to the Client. Under a working day means 8 hours (excl. commercials). d. Overtime Diary brackets for photography exceed 8 hours. Ingen diary for commercials exceed 10 hours. Overtime be calculated based on the then applicable standard hourly rate of € 30, – excluding VAT. e. Fitting rehearsals and the allowance for preparatory work for the recordings, such as rehearsals, by adapting the like, is calculated the first two hours at 50% of the agreed hourly rate. will be charged the full agreed hourly rate for all hours coming on top of it. If no hourly rate has been agreed, but a (half) Daily rate applies to this calculation, the prevailing standard of the Model hourly rate. f. Travel and subsistence The travel and subsistence expenses models residing or staying in The Netherlands for bookings which take place within The Netherlands but outside of Lisse, should be fully reimbursed by the Client against second class rate of the Dutch Railways. Travel and subsistence models who live abroad or stay should be fully reimbursed by the Client. This also applies to the travel and accommodation of models living in the Netherlands or stay and for bookings abroad. The cost of foreign travel must be pre-paid by the Client.
3.1 In the following cases are charged rates apply. These rates are by A&P Model Management communicated on first request to the Principal:
a. Activities that occur are passed between 00.00 and 08.00 at twice the prevailing standard of the relevant Model hourly rate.
b. If the model in commercials, shown, film, television or video recordings appear or appears to include posters, displays (whether or not in stores), bus shelters, billboards, internet, posters, stickers, postcards, boomerang cards, show cards , calendars, labels, packaging, window posters, pictures on trams and buses and, in general, any use of the material is different in size or shape of between A&P Model Management and Client agreed use.
c. If the material is used in more than one country;
d. Where the material is used for more than one medium;
e. Where the material is used for more than one topic;
f. For work and / or recordings in swimwear, lingerie or underwear, a surcharge of 50% on the agreed rate charged, calculated by model.
g. Making nude photos, partially or completely prohibited, unless the client and A&P Model Management before this have reached a written agreement. For nude photography is additionally a minimum charge of one hour of the then applicable standard hourly rate of the corresponding model calculated a surcharge of 100% is calculated on the agreed rate.
h. When a model is requested for a casting, no additional charges are calculated.
I. By diary creations no travel time will be charged unless the day bookings are abroad. 3.2 If a fee is payable for a certain period, the client must pay the entire fee, even if it is not used during the entire term of the facility or the material made. 3.3 The charge and related period starts from the use or publication date, unless otherwise agreed in writing by A&P Model Management.
4. Unauthorized use of material.
4.1 The Client is not entitled to any other use of the material than has been agreed in advance. That prohibition also covers any use in size, shape, length, medium, geographic scope or otherwise deviates from the no agreed between A&P Model Management and Client.
4.2 If the client wants to use the material in any way other than with A&P Model Management has been agreed, the Client shall submit by email a request to A&P Model Management, in which A&P Model Management decided by return. A&P Model Management is authorized to connect to permission for such a derogation additional terms and rates and / or fees.
4.3 If the Client acts in breach of Article
4.4 the Client is obliged to pay a fine of A&P Model Management of three times the rate that would be charged if A&P Model Management had been informed in good time of the planned use. This leaves the responsibility of the Client against potentially affected third parties.
5.Options and Bookings.
5.1 An option on a model needs to be confirmed before the start of any booking later than 24 hours when booking. Bookings go for options but only after consultation with the person who posted the first option. The first client decides whether he still wishes option to convert to a booking or not.
5.2 Options must be confirmed in writing to A&P Model Management by the client no later than two full business days before the start of the booking on time. If this deadline is not adhered to then the option expires automatically without any further notification by A&P Model Management is required.
6.1 If the Client is agreed prior to the booking date for cancellation of the contract, are below cost charged with reservation days. The starting time of receipt by e-mail at the address of the relevant booker A&P Model Management. The cancellation also apply if the cancellation Principal accused in any way or charges may apply.
a. No charge except for travel and subsistence expenses: Cancellation at least 48 hours prior to the time of booking in the Netherlands models staying or residing. 72 hours before the start of the booking date of foreign models staying or residing.
b. 50% of the full fare plus travel costs and any fees: Cancellation at least 24 hours before the start of the booking time in The Netherlands and abroad residing models.
c.100% of the full fare, plus travel and accommodation expenses and any fees: Cancellation less than 24 hours before the booking date.
6.2 For bookings of several days notice period as long as the duration of the booking with a minimum of two full days. The notice is fully covered prior to the commencement of the booking. In the short term cancellation, the Client owes the full rate and any fees and expenses.
7.” Nice weather ” Booking
7.1 If the Client explicitly with A&P Model Management has been agreed that the reservation is valid only for a certain type of weather, then the client once the right to cancel such reservation to owe no fees or costs. In a second cancellation, the Client owes half fare. Then the client has to pay the entire fee if canceled, regardless of the time elapsed since the previous cancellation.
8.1 A&P Model Management sends an invoice to the Client for its amount.
8.2 If the Client in writing and motivated within 8 days after the invoice date a complaint, he is considered the content of the invoice completely agree. The client shall no longer be entitled to suspend obligations arising from any advertising.
8.3 The amount due must be paid by the Client within 30 days after date of invoice to the bank account of A&P Model Management.
8.4 If payment of the invoice is not paid within the period of 30 days takes place the Client without further notice a default interest of 1.5% per month on the principal sum, with portions of a month counts as a full month.
8.5 The Client will get first right of use of the recordings as agreed, after payment of the amounts owed occurred.
9.1 A&P Model Management is not liable for damages arising from any cause, unless the law or these conditions stipulate mandatory law otherwise and except where there is not excludable intent or gross negligence. These are direct and indirect damages, consequential damages, lost profits and other consequential loss of the Customer damages resulting from liability of the Client to third parties. Regarding the intent or gross negligence the burden of proof to the Client.
9.2 Liability of A&P Model Management is in all cases limited to the amount paid out under the insurance policy of A&P Model Management.
9.3 A&P Model Management stipulates all legal and contractual defenses it to ward off its own liability may invoke to the Client, also on behalf of its employees and non-employees may be liable for whose conduct under the law.
9.4 The Client shall be liable to the model and / or A&P Model Management for all direct or indirect damages resulting from a contract or arises on the basis of a breach of any provision of this Agreement and / or these terms and conditions.
10. Complaints about the model / refusal.
10.1 In the event of a complaint by a client on a model will consult the parties on the progress of A&P Model Management . The Client must the complaint immediately, stating the reasons and substantiated as possible evidence to be submitted to A&P Model Management. The model should be rejected immediately by the Customer or be sent away.
10.2 The complaint must be in writing (E-mail or by registered mail) to A&P Model Management to be received at the following address.
A&P Model Management. Zuiderkruis 77. 2163HC. Lisse . The Netherlands. Email: Patricia@aenpmodels.com
11.1 The relationship between A&P Model Management and the Client is governed by Dutch law. All disputes between parties will be settled by the competent court in The Hague.(The Netherlands)