Terms and Conditions SUPER Model Management Based in Am- sterdam, registered at the Chamber of Commerce
under number 73880922.
1. Terms and conditions
1.1 These general terms and conditions apply to every agreement between SUPER Model Management (hereinafter: “SUPER Model Management”) and a client (hereinafter: “the Client”) whereby use is made of one or more models / persons for which SUPER Model Management mediates (hereinafter: “the Model”);
2. Options & Bookings
A booking agreement (hereinafter “booking”) is an agreement be- tween the Client and the Model. The model commits itself to pro- viding a number of services on a specific date (hereinafter referred to as the “booking date”) and giving up the publication rights for a fixed period to the client; the client commits to payment to SUPER Model Management for services provided by model and SUPER Model Management. The booking agreement is concluded when a client commits SUPER Model Management with the Model (further “booking”) to purchase these services and publication rights for a certain amount (further
‘invoice amount’). The model agrees at all times with the rates ap- plied by SUPER Model Management for both the booking itself and the surcharges.
2.1 For all bookings, the Client must return the booking form pro- vided by SUPER Model Management with all agreements regarding
the booking signed by e-mail to the e-mail address of the relevant SUPER \ Model Management agent. If the booking form is not signed and returned by the client before the booking date, it will be considered as accepted.
2.2 Via SUPER Model Management the model can grant the client / optant the priority right (hereinafter: “option”) to book the model for a specific date.
2.3 An option on a Model must be confirmed as a booking no later than 24 hours before the start of any booking, unless it is an option after the weekend or possibly. public holidays, the booking must be confirmed before 10.00 am on the last working day prior to the “free period” (weekend or possibly public holidays). If this period is not adhered to, the option expires automatically without further notifi- cation by SUPER Model Management being required; Bookings go for options but only after consultation with the person who placed the first option. The first opter decides whether he still wants to convert his option into a booking or not;
2.4 For Options / bookings for nude shoots we use a minimum age of 18 years. By nude shoots is meant both nude / topless on image and nude / topless on the set. If an option for a nude shoot is re- quested, a reporting obligation applies. It is never permitted to do a nude shoot without prior written permission from SUPER Model Management.
2.5 For Options / bookings for recordings in swimwear, lingerie or underwear we use a minimum age of 18 years unless otherwise agreed in writing between SUPER Model Management and the Cli- ent in advance. If an option for admissions to swimwear, lingerie or underwear is requested, the Client is obliged to report this. Without written permission from SUPER Model Management in advance, it is never permitted to make recordings in swimwear, lingerie or underwear.
3.1 The services of the Model for the benefit of the Client are deter- mined by SUPER Model Management and charged on the basis of an hourly rate (exceptionally) an overtime rate, half a day rate or a day rate;
3.2 All rates and surcharges to be specified are exclusive of agency commission (20%) and exclusive of VAT (21%);
3.3 Unless otherwise agreed in writing with the Client, the following provisions apply;
a. Hourly rate
For bookings of one hour a surcharge of € 25 will be charged extra at the agreed hourly rate;
b. Half Day Rate
Half a day consists of 4 hours and must end at 1 p.m. or start at 2 p.m. on any day;
c. Daily rate
Unless the hourly or half-daily rate has been expressly agreed, the daily rate will be charged to the Client, regardless of the time that the Model was available to the Client. A working day means 8 hours (including at least a half-hour break). Otherwise applies to film shoots, here a working day of 10 hours applies.
Overtime is always rounded up to full hours. With a full day book- ing, overtime is calculated based on, for example. 1/8 of the daily rate with a maximum of 2 overtime. Otherwise, overtime will be charged on the basis of the then applicable standard (over) hourly rate of the Model. Hours and overtime for work that takes place between midnight and 8 am are charged at twice the rate
then applicable standard hourly rate of the Model in question; e. Fitting and rehearsals
The compensation for work in preparation for the recordings, such as rehearsals, passing through and the like, is calculated for the first two hours at 50% of the hourly rate of the model in question. For all hours in addition to this, the full standard hourly rate of the rele- vant model will be charged. If no hourly rate has been agreed, but a (Half) Day rate, the standard hourly rate of the Model applicable for this calculation applies;
f. Cost of travel and lodging
The travel and subsistence costs of Models living or staying in the Netherlands, for bookings that take place within the Netherlands, but outside of Amsterdam, must be fully reimbursed by the Client at the 1st class rate of the Dutch Railways. Travel and accommoda- tion for Models living or staying abroad must be fully reimbursed by the Client. This also applies to the travel and subsistence costs of Models living or staying in the Netherlands and for bookings abroad. The costs for travel abroad must be paid by the Client prior to booking;
g. Travel time allowance
For work outside of Amsterdam or Rotterdam, the travel time al- lowance is calculated on the basis of 50% of the (agreed) hourly rate of the Model in question per hour in writing prior to the booking and agreed otherwise in writing between SUPER Model Manage- ment and the Client.
h. Travel documents / vaccinations
The costs that are specifically made for the model for any travel doc- uments and vaccinations for the purpose of booking by the Client must be fully reimbursed by the Client.
Surcharge rates apply in the following cases. These rates are com- municated by SUPER Model Management to the Client upon first request:
a. Work that takes place between midnight and 8 a.m. will be charged a surcharge of 100% of the daily rate of the model in ques- tion. If the image of the Model appears in, including but not limited to, commercials, shows, lm, television or video recordings, or is dis- played on, among other things, posters, displays (whether or not in stores), shelters, billboards, internet, billboards, stickers, stickers, postcards, boomerang cards, showcards, calendars, labels, packag- ing, window posters, trams on trams and
buses and in general any use of the material / image of the model that deviates in terms of format or design from the use agreed be- tween SUPER Model Management and the Client;
b. If the material is used differently than the standard use: Brochures with a maximum circulation of 850,000 items, advertisements (print only) and use on your own social media and website. Can be used within the Netherlands for 6 months. Consider, for example, use in several and or other countries, use by third parties, use for POS material, exhibition material, billboards, advertising advertise- ments, TV / cinema commercials, video clips, book covers, packag- ing, online bannering, shows, presentations etc. c. For work and / or admissions in swimwear, lingerie or underwear, a surcharge of 50% on the agreed rate will be charged, calculated per model; d. Taking nude photos, in part or in full, is prohibited (see Article 2.3), unless the Client and SUPER Model Management have reached written agreement in advance. For nude photography a surcharge of 100% applies to the total agreed rate (so both for working hours and for any surcharges). Immediately a minimum surcharge of half a daily rate of the model in question.
4.2 If a surcharge is due for a specific period, the Client must pay the entire surcharge, even if the facility or material is not used during the entire period.
4.3 The surcharge and associated period start with the use or the publication date, provided that this is notified in writing when booking. If no start date has been reported in advance, the invoice date will be used as the start of the period
5. Unauthorized use of material
5.1 The Client is not entitled to any other use of the material than agreed in advance. That prohibition also applies to any use that de- viates in terms of format, design, duration, medium, geographical scope or otherwise from what has been agreed between SUPER Model Management and the Client;
5.2 If the Client wishes to use the material in a manner other than agreed with SUPER Model Management, the Client must submit a request to that effect by email to SUPER Model Management, on which SUPER Model Management decides immediately. SUPER Model Management is entitled to attach additional conditions and rates and / or surcharges to permission for such a deviation;
5.3 If the Client acts contrary to Article 5.1, then the Client is obliged to pay a fine to SUPER Model Management of 2 times the rate that would have been charged if SUPER Model Management would have been informed in good time of the intended use. This is without prejudice to the Client’s liability to potentially disadvantaged third parties;
6.1 If the Client proceeds to dismiss the assignment prior to the agreed booking time, the costs below will be charged on, eg. business days. The moment of receipt by e-mail at the e-mail address of the relevant SUPER Model Management agent is assumed. The cancella- tion costs also apply if the cancellation cannot be blamed or charged in any way for the Client;
- No costs with the exception of travel and accommodation costs: Cancellation no later than 48 hours before the start of the booking time of models living or staying in the Netherlands. 72 hours before the start of the booking time of models living or staying abroad.
- 50% of the full rate plus travel and / or accommodation costs al- ready incurred and any surcharges: Cancellation between 48 and 24 hours before the start of the booking time of models living in the Netherlands. And between 48-24 hours before the start of the booking time for models living abroad. - 100% of the full rate, plus travel and accommodation costs and any surcharges: Cancellation less than 24 hours before the start of the booking time for models living in the Netherlands. Cancellation less than 24 hours before train / flight departure time, etc. for models living abroad, the same applies if models living in the Netherlands have to travel abroad for the relevant shoot. SUPER Model Management reserves the right to withdraw a booking or option at any time up to 12 hours before the start of the booking without giving a reason.
7. “Nice weather” Booking
7.1 If the Client has explicitly agreed with SUPER Model Manage- ment that the booking is only valid for a specific weather type, then the Client is once entitled to cancel such a booking without having to pay any fees or costs. Unless the following booking concerns a different model for whatever reason, in that case the first booked model applies
entitled to 50% of the previously agreed rate. The Client owes half the rate for a second cancellation. After that, the Client owes the entire rate in the event of cancellation, regardless of the time that has elapsed after the prior cancellation;
8.1 SUPER Model Management invoices the Client on behalf of the Model. The client must, within 30 days after the date stated on the invoice, have transferred the invoice amount to the account of SU- PER Model Management, account number NL14 ASNB 0781 2618 99, stating the invoice number.
8.2 If the Client does not complain in writing and with reasons within 8 days of the invoice date, the Client is deemed to have fully
agreed with the content of the invoice received. The Client is then no longer entitled to suspend its obligations based on any complaints;
8.3 If payment of the invoice does not take place within the period of 30 days, the Client will owe a default interest of 1.5% per month on the principal sum due without further notice of default, whereby parts of a month will be counted as a full month;
8.4 The Client will only be entitled to use the recordings made as agreed after payment of the amounts owed has been made;
8.5 If costs, (extra) judicial or other relevant costs, must be incurred by the model and / or SUPER Model Management to make it de- monstrable that the client does not adhere to the ‘General Condi- tions SUPER Model Management’, only if the latter also appears, then these costs will be borne by the client.
9.1 The Client remains liable at all times for the payment of the invoice.
9.2 SUPER Model Management is not liable for damage, regardless of the cause, except to the extent that the law or these terms and conditions stipulate otherwise legally and except to the extent that intent or gross negligence is involved. This concerns direct and in- direct damage, consequential damage, loss of profit, other business damage of the Client and damage as a result of
Client’s liability towards third parties. With regard to intent or gross negligence, the burden of proof lies with the Client;
9.3 The liability of SUPER Model Management is in all cases limited to the amount that is paid out under the insurance policy of SUPER Model Management;
9.4 SUPER Model Management stipulates all legal and contractual means of defense that it can invoke to defend its own liability vis-à- vis the Client, also for the benefit of its subordinates and non-sub- ordinates for whose conduct they might be liable by law;
9.5 The Client is liable vis-à-vis the model and / or SUPER Model Management for all direct or indirect damage that arises from an as- signment or arises on the basis of a non-compliance with a provision from the agreement and / or these general terms and conditions;
10. Complaints about the model / refusal
10.1 In the event of a complaint from a Client about a Model, the parties will agree and about the claim of SUPER Model Manage- ment. The Client must submit the complaint to SUPER Model Management without delay, stating reasons and substantiated as well as possible with proof. The Model must be immediately refused by the Client or sent to us;
10.2 SUPER Model Management must receive the complaint in writing (by e-mail) at the following e-mail address: hello@super- modelmgmt.com
11. Dispute settlement
11.1 The legal relationship between SUPER Model Management and the Client is governed by Dutch law. All disputes between parties will be settled by the competent court in Amsterdam;