TERMS & CONDITIONS
1 General Remarks
The following provisions are intended to govern legal relations between talents, Absolutely Fabulous ( here called agency ) and the respective clients in a binding manner, unless other agreements shall have been expressly made for specific cases. The inclusion of conflicting terms and conditions by the contracting party is hereby already contradicted, unless in individual cases expressly deviating written agreements are made. The talent we represent and the clients of these talents shall be protected from expectations and demands which are not common practice in the trade.
2 Basis for booking
(1) The agency shall make declarations to the client in the name and on behalf of the talent. A client shall be defined as one who books with the agency, unless otherwise agreed in writing at the time of booking.
(2) The client shall owe the agency a commission. Unless agreed otherwise, this commission shall amount to 20 % of the talent’s fees, or of the cancellation fee, buyout fees, overtime fees ( meaning all fees of the talent ) but minimum Euro 100.- plus VAT .
The agency shall not bear any liability arising from this arranged legal relationship. Any claims of the client against the talent may not be offset against the agency’s claim to a commission, nor shall the client be entitled to exercise a right of retention.
(3) The client also shall owe the agency a commission for subsequent bookings, follow-up fees ( extension or extension of existing rights of use and the transfer of rights of use to third parties ), even if the talent is no longer represented by the agency at the time. The client shall undertake to refrain from direct bookings with the talent which circumvent the agency. Invoicing takes place in the name and on behalf of the actor by the agency. The fee is due upon delivery of the invoice. A payment with debt-discharging effect can only be made to the agency.
3 Details of Bookings
Options are reservations subject to a binding date. An option shall terminate if the client shall not make a confirmed booking no later than three workdays (by 6:00 p.m.) before the start of work or within one workday after being requested to do so by the agency. Saturdays and Sundays shall not be considered workdays. German calendar time shall apply.
Options shall be noted down in the order in which they are received. If a client’s option is not the first option for a specific talent, the client shall be informed of his option’s priority. If an option should lapse, subsequent options shall move up in priority.
(2) Confirmed bookings
Confirmed bookings shall be considered binding for both parties. At the client’s request, the agency must confirm them in writing without delay, indicating essential details.
(3) Weather-related bookings
Weather-related bookings are only permissible at the talents place of residence and must be ex- pressly denoted as such. Unless agreed otherwise, these shall be considered as referring to fair- weather bookings. If weather conditions are not as desired or if they are unforeseeable, the booking can be canceled against the agency up to two working days before the agreed production day free of charge. One business day before the start of production a cancellation fee of 50% of the agreed fee will be charged and if the shoot is canceled less than 24 hours before the start of work, the cancellation fee is 100% of the agreed performance fee.
(1) A confirmed booking can be canceled for cause. Cause for cancellation shall also be conditions which make the confirmed booking economically unacceptable. The agency must be informed of the cancellation without delay.
(2) If the client cancels a fixed booking one working day before the agreed production day or on the day of production itself, the full fee is payable. If the client cancels less than full three, but more than one working day before the agreed production day, 50% of the agreed fee must be paid. If the client cancels a fixed booking because he or his customer (photographers, directors, production etc.) can not attend the booked date due to force majeure, but the talent is ready or could be prepared, the above-mentioned regulations for fee payment also apply. Per diem etc. of the talent are only calculated after actual accrual.
(3) Saturday and Sunday shall not be considered workdays. German calendar time shall apply.
(4) Bookings by the day or hour must be canceled 24 hours before the start of work.
(5) If the talent should make the cancellation, the agency shall make the effort, to find an substitute for the client. Any further liability of the agency does not exist.
(6) If the cancellation should be late or without cause, the agreed talent’s fee must be paid.
5 Working Hours
(1) The working hours for a booking by the day shall amount to 8 hours, for a half-day booking, four hours. Unless agreed otherwise, the working hours for a booking by the day shall begin at 9:00 a.m. and end at 6:00 p.m. with a one-hour break for lunch.
(2) The working hours shall begin when the talent meets the client at the agreed location at the agreed time. Preparations such as makeup and hair styling shall count as working hours.
(3) Overtime shall be remunerated at 15 % of the agreed daily fee for each hour, or part of an hour, but minimum Euro 150.- per started hour.
(4) Travel together with the client from the hotel to the place of work (location) and back again shall be included in the working hours.
6 Talent’s fee
The talent’s fee shall include the daily fee and the buyout for rights of usufruct plus any VAT which may apply.
(1) Fashion rate
This shall include all photographs of clothing and accessories appurtenant to fashion (night- clothes, jewelry, stockings, shoes, hairdos, eyeglasses, etc.), which are designed in connection with fashion, insofar as this does not involve advertising.
(2) Special fee
Underclothes, corsets, nudes, consumer goods advertising, advertising with photographs at the fashion rate and advertising films shall require a separate agreement.
(3) Half-day bookings and bookings by the hour
The talent’s fee for half-day bookings shall amount to at least 60 % of the daily fee for talents residing at the location. Half-day bookings and bookings by the hour shall always require a separate agreement for talents who must travel to the place of work.
7 Travel Expenses
Recompense for days of travel
The talent’s traveling to and from the location shall only be recompensed if it falls, in whole or in part, within the usual working hours for talents. The recompense for days of travel shall amount to:
up to 2 workdays: 1 daily fee
up to 4 workdays: 1/2 daily fee
5 or more workdays: no recompense for days of travel, unless the traveling time takes up an entire workday.
Talents residing at, or not traveling to, the location shall not receive a refund for costs of over- night stays or accommodations. Except for half-day bookings or bookings by the hour, costs of transportation by taxi will only be reimbursed from the city limits.
For all trips taken together with the talent, the client shall bear the costs of travel, overnight stays and accommodations from the airport or train station from which the talent departs. The remuneration shall be made in a lump sum conforming to the standard fiscal rate per workday or upon submission of the receipts.
If the talent should work for several clients at one location, the costs for each workday must be divided up accordingly.
8 Terms and Conditions of Payment
The talent’s fee, including cancellation fee, recompense for days of travel and travel expenses, shall be due upon receipt with no discounts. Travel expenses must be paid in the local currency or in EURO at the buying rate; other payments must be made in EURO.
9 Complaints, Liability
(1) In the event of complaints, the client must inform the agency immediately and state the grounds for the complaint. Polaroid photographs must be taken to provide evidence for the complaint. The talent must then be expressly released from the obligation to work. The talent shall not be considered responsible for hair styling, styling and makeup. Proven client complaints shall revoke any obligation to pay for this talent, including travel expenses. If photographs and/or film are nevertheless taken using the talent, the client shall be considered as having waived all rights to complaint.
(2) If the talent should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the talent shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to be partially or entirely impossible, then the talent shall lose the proportionate claim to a daily fee on the basis of the overtime rate.
(3) The client must take out an appropriate insurance policy for talents involved in particularly hazardous shots. If the agency was not expressly informed of the hazard at the time of booking, the talent shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 100 % of the entire fee which was agreed.
10 Rights of Use
(1) Unless otherwise agreed, paying the agreed talent’s fee shall give the client the rights of use the photographs for one year within the territory of Germany for the agreed use, the agreed product and the agreed form of use. The limit of one year shall begin at the time of first actual use, but no later than two months after the photographs were taken.
(2) Any utilizations going beyond those listed above, in particular for posters, billboards, packaging, displays, videos, moving images as well as any use of the talent’s name, shall require the express written consent of the agency.
Digital storage of the photographs and/or moving images shall be prohibited as a matter of principal and may only be undertaken with express written consent stating the exact purpose.
(3) Rights of use shall not be granted until the agreed buyout has been paid. Any utilization before the agreed amount has been fully paid shall be prohibited.
11 Final Provisions
(1) German law shall apply to all parties to these booking conditions, agency, client and talent. Place of performance for all obligations arising from the bookings in connection with rights of use shall be the place of business of the agency.
(2) The client shall undertake to make alterations or supplements to the bookings and deviations from these booking conditions only after previous consultation with the agency and shall refrain from enjoining the talent to alter or make additions to the bookings during the days of work.
(3) Should any individual provisions of these booking conditions be ineffective, this shall not affect the validity of the remaining provisions. In the place of the ineffective provision, that provision shall be considered agreed which best approximates the original intent and purpose. The same applies to filling loopholes in the contract.
(4) Legal venue for fully qualified merchants (under the German Commercial Code), legal entities under public law and clients without a place of general jurisdiction in Germany shall be the place of business of the agency.
Absolutely Fabulous Managament & Service Agency
Am Kiekeberg 16, 22587 Hamburg,