Terms and Conditions
Valid as of the 09.09.2024
1. Terms and Conditions
The Agency’s booking confirmation form must be signed and returned by the client. The signed booking confirmation form, together with these terms and conditions, forms the agreement between the parties for each booking. Negotiations are subject to contract until the form is signed by the client. Proceeding with the booking without signing the form will be considered acceptance of these terms. Any amendments by the client must be agreed upon by the Agency. These terms prevail in case of any inconsistency with the booking confirmation form.
Booking principles
The agency represents the model/talent in dealings with clients. The client is the person who books with the agency unless otherwise agreed.
The agency commission; 20% plus VAT, is owed by the client.
The agency is not liable for the brokered relationship. The client cannot offset claims against the agency's commission.
Follow-up bookings must go through the agency as long as the model/talent is represented by the agency.
2. Booking Fees
2.1 Permitted Use
Booking fees grant the client the right to use one image via a single published medium in Germany for the duration and purposes specified in the booking confirmation form (“Permitted Use/Usage”). Any use beyond this scope requires prior written consent from the Agency and may incur additional fees.
Prohibited Uses without Prior Consent:
Materially changing the image.
Making changes other than minor touch-ups.
Using the image for future campaigns.
Editing the image in a way that would require a reshoot.
Creating or using an avatar of the talent.
The client must indemnify the Agency for any breach of these terms, covering all related costs and damages.
For social media influencers, booking fees include the right to use the talent’s likeness as specified in the booking confirmation form.
2.2 Working Hours and Overtime
A day is an 8-hour period between 8 am and 6 pm, including one hour for lunch and small breaks.
Overtime before 8 am and after 6 pm is charged at 1.5 times the hourly rate.
Saturdays are charged at 1.5 times the hourly rate; Sundays and Bank Holidays at double the hourly rate.
Overtime is remunerated at 50% of the agreed hourly fee per hour started. Exceeding the working time by up to 30 minutes will not be charged as a gesture of goodwill.
Bookings over 5 hours are charged at the day rate.
The fee for half-day bookings is at least 60% of the daily fee for models/talents based at the place of work.
The joint arrival and departure of the model/talent and customer between the hotel and the place of work (location) counts as working time. Arrival and departure (together) up to one hour per day will not be charged as a gesture of goodwill.
2.3 Travel
2.3.1 Travel time outside a 10-kilometer radius from the model’s address or the center of Berlin or Hamburg is charged at half the hourly rate.
2.3.2 Travel Days Replacement:
The model's/talent's travel to and from the place of work will only be remunerated if it takes place in whole or in part during the model's/talent's normal working hours. The travel day replacement amounts to:
up to 2 working days: 1 daily fee,
up to 4 working days: 1/2 daily fee,
from 5 working days: no travel days replacement, unless the arrival or departure extends over a whole working day.
2.4 Fitting Fees
Time spent on fittings is charged at half the hourly rate with a minimum charge of 80€ per hour.
2.5 Additional Expenses
All expenses incurred by the Agency on the client's behalf will be charged to the client with a 12.5% uplift.
2.6 Location Bookings
2.6.1The client must provide safe and appropriate transport for the talent to and from the booking location.
If not, the Agency can re-charge the transport cost to the client.
If the talent is unable to return to its home location, half the daily fee will be charged for each day the talent is unable to return.
The client must conduct a health and safety assessment of the location and notify the Agency of any risks.
2.6.2 Upon booking a location, the client will undertake a health and safety assessment of the location and inform the agency of any potential risks and how these have been mitigated. The client acknowledges that the health and safety of the model is paramount at all times and will ensure that the highest standards of health and safety are maintained for all location bookings.
2.6.3 it is understood that if specific moving is required, specific conditions to be discussed with the Agency must be met in order to protect the Talent against any potential injuries.
3. Invoicing
3.1 Payment Terms
Payment is due within 20 days of the invoice date. The person booking the talent is responsible for payment unless otherwise agreed in writing. The Agency may invoice the ‘ultimate client’ directly. Usage fees are payable whether or not the right is exercised. No usage is permitted until payment is received in full. The Agency may alter payment terms if deemed appropriate.
3.2 Third-Party End Users
When services are provided to a third party, the client acts as an agent of the third party, ensuring payment and compliance with usage restrictions. Fees received from the third party must be held in trust for the Agency.
3.3 Additional fees
Additional Fees are payable for the right to use the model's image or reproductions, or adaptations or drawings derived from that image, or any other representation of it, either in whole or in part, whether alone or in conjunction with any text or other images, photographs, drawings or anticipated uses, in addition to and outside the scope of the original permitted use, details of which are set out in the booking confirmation form, e.g. packs, posters, show cards, record covers, swing tickets etc. For the avoidance of doubt, additional fees are payable for the right to use the model's image or reproductions or adaptations or drawings derived from that image or any other representation of it, in whole or in part, whether alone or in conjunction with any text or other images, photographs, drawings, online or in any digital media including but not limited to X, Facebook, Tumblr, Instagram, MySpace, YouTube, Flickr, blogs or other social networking sites or media. Unless otherwise agreed, the Additional Fees cover the right to use one Image for one year from the date of booking, in Germany only, for the permitted use or uses or purposes agreed between the Agency and the Client. In no event shall any additional usage fee be less than the model's advertised day rate as determined by the Agency, unless otherwise determined by the Agency in its absolute discretion.
3.4 Territory
Additional fees are also payable, subject always to the Agency's prior consent, for the right to use the model's image or reproductions etc. as set out in clause 3.3 above for all known or anticipated territories other than Germany. Unless otherwise agreed, the Additional Fees cover the right to use one Image for one year or one season (as determined by the Agency at the time of booking and detailed on the Booking Confirmation Form) from the date of booking in the territory or territories agreed and specified on the Booking Form. In no event shall any usage fee be less than the model's advertised day rate as determined by the Agency, unless otherwise determined by the Agency in its absolute discretion.
3.5 Other services
Additional fees may be charged for other services provided by the model, such as personal appearances for PR purposes. Fees for such services will be negotiated between the client and the agency on a case-by-case basis.
3.6 The agency is solely responsible in perpetuity, for all modifications, extensions and renewal of bookings.
4. Exclusivity Fees
Talent is supplied on a non-exclusive basis unless otherwise agreed. Additional fees are required for exclusive or semi-exclusive rights. The client must ensure no conflicting work has been or will be undertaken by the talent.
5. Bookings
5.1 Provisional bookings are automatically canceled if not confirmed within 24 hours.
5.2 Options
Options are appointment-binding reservations. An option expires if a firm booking is not made at the latest three working days (by 6 p.m.) before the start of the activity or within one working day after the agency has requested it. Saturday and Sunday are not working days. German time calculation applies. Options will be noted upon receipt of booking. If the option is not a first option, the customer will be informed of the rank of the option. If an option expires, subsequent options move up in rank.
5.3 Firm Bookings
Fixed bookings are binding for both parties. At the request of the customer, they must be confirmed in writing by the agency immediately, stating the essential details.
5.4 Weather Bookings
Weather-related bookings must be expressly designated as such. If the weather conditions are not available or if the weather is unclear, the customer can cancel the booking with the agency up to one hour before the agreed start of work. In this case, the cancellation fee is 50% of the agreed fee.
5.5 Where the Client is providing the Services on behalf of or to a third party end user, in entering into these Terms the Client is acting as an agent for the third party end user and the Client shall ensure that the third party end user
5.5.1 enters into an agreement with the Client on the same terms as these Terms; and
5.5.2 acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 20 days of the date of any invoice received from the Agency; and
5.5.3 acknowledges that the Third Party End User may not use the Images until payment has been received by the Agency and that the Third Party End User shall at all times be subject to any restrictions on the use of the Images including but not limited to territorial restrictions and restrictions on the media in which the Images may be used.
5.6 Any fees received by the Client from the Third Party End User in respect of any of the rights or benefits granted to the Client under these Terms and Conditions shall be paid by the Client into a designated account of the Agency (the "Third Party End User Fees"). The Third Party End User Fees shall be held in trust for the Agency as Beneficiary until such time as all outstanding fees owed by the Client have been paid in accordance with the terms of these Terms and Conditions.
6. Cancellations and Termination
6.1 Cancellation by Client
Within 7 days: full fee unless rebooked within 14 days, then half the fee.
Outside 7 days but within 30 days: half the fee.
Bookings over three days: full fee within the booking period.
6.2 Cancellation by Agency
The Agency may cancel a booking with notice, offering a substitute where possible. The Agency can cancel at any time without liability and the client must have insurance to cover such cancellations.
6.3 Talent’s Independence
Talent is independent and self-employed.
The talent may use a substitute for bookings.
The client must have appropriate insurance.
6.4 Termination of Agreement
The agreement terminates upon completion of services unless terminated earlier by the Agency for reasons such as non-payment, material breach, insolvency, or other specified conditions.
7. Weather-Related Cancellations
Cancellations within two working days are charged the full fee.
Cancellations at least three working days prior will not be charged if rebooked within one month.
First cancellation due to weather: half fee unless talent attends, then full fee.
Subsequent cancellations: full fee.
8. Meals
Clients must provide nutritious meals and beverages for talent, considering dietary requirements.
9. Talent Care and Safety
Nude or semi-nude photography requires prior written approval.
Images must not be scandalous or derogatory.
Talent must be treated with respect and professionalism.
The client must ensure the safety, health, and well-being of the talent. Below steps must be taken by the client:
9.1.1 The talent shall take suitable and regular rest periods, to ensure the talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
9.1.2 providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the talent whilst the talent is delivering the services and travelling to and from the client’s venue as if he/she/they were an employee of the client;
9.1.3 ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
9.1.4 ensuring that no one imposes upon the talent any action or activity which is either dangerous, degrading, unprofessional or demeaning to the talent;
9.1.5 ensuring that the services are delivered and the talent is treated in accordance with The Association of Model Agents’ Code of Practice;
9.1.6 providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
9.1.7 Always include a credit in the form of “model’s name” @ “the Agency”, wherever a credit is applied.
10. Morality and Non-Degradation
The client’s brand must not bring the Agency or talent into disrepute or cause embarrassment. Negative press or immoral behavior can lead to termination of the agreement.
11. Warranties
The client warrants they have the capacity and necessary permits to enter into and perform their obligations under the agreement. They must ensure the talent’s safety and compliance with applicable laws.
12. Indemnity
The client must indemnify the Agency against all costs and damages arising from breaches of the agreement, including misuse of images and non-compliance with laws and these Terms and Conditions.
13. Fashion Shows
Clients have the right to use talent on the catwalk and for photographers to take pictures for reporting purposes only. Any other usage must be agreed upon. The client is responsible for the action of the photographers if the media(photos and /or videos) are misused.
14. Music Videos and Promotional Films
Fees for these services are negotiated on a case-by-case basis. An additional buyout fee is typically required.
15. Test and Experimental Photography
Photographers cannot use test photos for commercial purposes unless agreed upon in writing.
16. Intellectual Property Rights
The photographer or client cannot use images beyond the permitted use without the Agency’s consent. All other rights are reserved. The Agency and talent may use images for promotional purposes.
The Agency is allowed to use any and every pictures or videos made by the client to feature on their communication material, this without crediting the client or the photographer / the videographer or image right holder.
All rights not expressly granted to the Client under these Terms and Conditions are hereby reserved to the Agency and/or the Talent as the case may be. In particular, the Client acknowledges and agrees that the Agency is the owner or licensee of all commercial rights and intellectual property rights relating to the Talent and that the Agency and the Client shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or the Agency other than those rights expressly granted to the Client under these Terms and Conditions.
17. Liability and Insurance
Liability for death, personal injury, and fraud cannot be excluded by the client. The Agency’s liability is limited to the total fees paid under the agreement. The client must have insurance against potential damages, death, injuries and/or accidents during booking, including during the travel of the model while being booked. The agency is waiving all liabilities for any potential physical or mental damages or accidents caused by their talent.
17.1 the Agency shall not be liable for:
17.2 loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
17.3 product recall costs;
17.4 failure by the model to attend a booking for whatever reason;
17.5 damage to the client’s reputation; or
17.6 consequential, special or indirect loss or damage; even if the Agency has been advised of the possibility of such loss or damage
18. General
18.1 Governing Law - These terms and conditions are governed by German law.
18.2 If any term, condition or provision of these Terms and Conditions or the Booking Confirmation is held by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
18.3 Except as otherwise expressly provided in these Terms and Conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the Client and the End Client under these Terms and Conditions shall be jointly and severally binding upon them.
18.4 Nothing in these Terms and Conditions shall make either party the partner or agent of the other. Except as expressly permitted by these Terms and Conditions, nothing in these Terms and Conditions shall permit either party to purport to incur any obligation on behalf of the other, to expose the other to any liability, or to pledge or purport to pledge the credit of the other.
By booking a Model/Talent with 2A Talent, you are confirming that you have read and unconditionally accept these Terms and Conditions.