General conditions
Diversity Model Agency V.O.F, registered as Diversity Model agency, is based in Amsterdam and is registered with the Chamber of Commerce in the Trade Register under number 71992200 . Unless expressly stated in writing agreement is deviated from these General Terms and Conditions, these terms and conditions apply in full in all cases when making use of the services of Diversity Model Agency.
Article 1. Definitions
1.1
The website: www.diversitymodelagency-dma.nl;
1.2
Participant (model): the person who registers on the website as a model, actor/actress or (noble) extra;
1.3
Client (customer): any natural or legal person with whom Diversity Model Agency enters into an Agreement
occurs in response to an assignment in which there is a need for participant(s);
1.4
Agreement: one between Diversity Model Agency and the client and/or one between Diversity Model Agency and participant
agreed (booking or assignment) agreement;
1.5
Booking: written and/or verbal assignment, order, or booking agreement. Conducted by phone, email, post or in person;
1.6
Assignment: an assignment granted by the client to Diversity Model Agency in the broadest sense of the word;
1.7
Registration: recording photos and data, including private details, measurements and resume of the participant in
the file of Diversity Model Agency;
1.8
Parties: Diversity Model Agency, participant and client jointly;
1.9
Diversity Model Agency: the administrator of the website, trade name of Diversity Model Agency V.O.F, located in
Akerwateringstraat 243,1069GD Amsterdam;
1.10
Visual material: photos, film and/or video material.
Article 2. Applicability
2.1
These general terms and conditions apply to the use of the website and to all
registrations, appointments, offers (quotations), mediations, work by Diversity Model Agency and to all agreements between Diversity Model Agency and clients and/or participants.
2.2
If an agreement is concluded between the client and participant(s), in all cases:
these general terms and conditions and they will prevail if the client uses general terms and conditions,
unless otherwise agreed in writing. Insofar as the participant and/or client have their own conditions
uses, they are expressly disclaimed and shall not apply unless these expressly
be accepted in writing by Diversity Model Agency. Deviations from these general terms and conditions are only
binding if and insofar as Diversity Model Agency has expressly agreed to this in writing.
2.3
If a registered participant
objects in writing to the terms and conditions, the participant is deemed to be complete with the contents to have agreed to it.
Diversity Model Agency must be informed within 5 working days after registration.
Article 3. Website
3.1
By using the website, clients can select and book participants (models) for a
assignment. By registering via the website, the participant has authorized Diversity Model Agency to be proposed to clients for participation in the assignments. Diversity Model Agency reserves the right to refuse persons at any time who have registered without giving any reason.
3.2
The website makes it possible for participants to come into contact with clients and vice versa. Diversity Model Agency checks the reliability of participants and clients as good as possible, but can not guarantee the reliability of participants and clients. Diversity Model Agency can't therefore be held liable by the client and/or participant for any resulting injury.
Article 4. Booking agreements
4.1
A booking agreement is an agreement between the client and the participant that is concluded via Diversity Model Agency. The booking agreement is only binding when written permission has been given for the assignment by the participant and/or client, by e-mail. The participant undertakes to provide the agreed services on the agreed dates and to provide publication rights to the client as stipulated in Article 5 of these General Terms and Conditions, or the publication rights laid down in a booking agreement. The client undertakes to
agreed dates to accept the booking agreement. The client also undertakes to pay Diversity Model Agency for the services rendered by the participant and to Diversity Model Agency. Diversity Model Agency can
propose the participant for, but in no way commit to an assignment without the consent of the participant.
4.2
The participant declares that Diversity Model Agency is entitled, for both the client and the participant to conclude booking agreements, after notifying the participant about this.
Article 5. Intellectual rights
5.1
All intellectual rights with regard to goods manufactured and/or delivered by Diversity Model Agency
and/or information rest with Diversity Model Agency. Participants and clients may use the given information for their own purposes without permission from Diversity Model Agency and
acquire only the rights of use and powers provided by these Terms or the agreements are expressly granted and/or arise from the agreement between the parties.
5.2
The participant grants Diversity Model Agency the exclusive right to use the image material and other personal data supplied by the participant, including
by placing this visual material visibly on the website and making it available to third parties, including possible clients, and by making this visual material available via other possible media channels. Diversity Model Agency reserves this right during the time that the participant is registered with Diversity Model Agency on the website.
5.3
The participants and clients guarantee that, if and insofar as the
(image) materials or data are made available to Diversity Model Agency, and that these materials and data do not infringe any rights of third parties. The participants and clients indemnify Diversity Model Agency against all claims from third parties arising from the use by participants or clients of the website, including claims by third parties for infringement of (intellectual) property rights.
5.4
The property right of the visual material made in the context of an assignment remains with the client and Diversity Model Agency, on the understanding that this property right of the client is limited to small-scale publications and the time frames specified in the following paragraph, unless otherwise agreed in the booking and assignment agreement. The participant declares fully and
definitively waive any claim to any right, title or interest in that imagery. The participant and client grant Diversity Model Agency the irrevocable right can be transferred to other parties if the client so wishes without limitation
use, publish, reproduce and distribute images.
5.5
The visual material made by the client of the participant in the context of an assignment should only be used for small-scale publications in the Netherlands. Under small-scale
publications only the following media with a maximum of the following publication and broadcast periods:
– Visual material used for flyers, posters or brochures, which are not longer than one year be used, or;
– Visual material that is used in editorial pieces that are placed once, or;
– Visuals used in indoor spaces for posters, banners and displays, which are no longer be used for more than one year, or;
– Shop posters and material that has not been displayed or placed in one or more branches for more than one year, or;
– Advertisements that are not placed in daily, weekly, monthly or quarterly newspapers for more than one year, or;
– One-time use of film and/or video material for promotional material;
– Image material used for online newsletters, no longer than one year, or;
– Internet use through photography, such as on websites and social media, for no longer than one year,
or;
– Internet use through video/film, such as on websites and social media media, no longer than one year.
The fee for these publications is deemed to be included in the agreement between, on the one hand, the
client and Diversity Model Agency, and on the other hand the participant and Diversity Model Agency agreed fee.
5.6
Publications other than those listed above are prohibited unless otherwise agreed in the Agreement. Long-term or reuse of image material by the client is not permitted,unless Diversity Model Agency has given clear prior written consent. The participant declares that he/she indemnifies the client and Diversity Model Agency (or its legal successor) from any form of claim to the portrait right of or by the person shown or his legal representative.
5.7
The client is only entitled to use the visual material after payment of the amounts owed in full to Diversity Model Agency has been made, unless otherwise agreed between parties have clearly agreed in writing. In the event of a violation of this provision, the client will owe Diversity Model Agency an immediately due and payable amount of €200.00 per day or per recording at the sole discretion of Diversity Model Agency, calculated from the day of first publication.
Article 6. Surcharges
6.1
For deviations from the use of the image material as referred to in Article 5.5, a written agreement must be concluded between the client and the participant regarding the deviating use and the pricing. The participant is entitled to a surcharge to be agreed upon participation. For television, radio, Cinema and outdoor advertising such as bus stops, A0 signs, billboards, car, tram, bus, taxi and truck advertising uses Diversity Model Agency buyout rates. For lingerie and/or underwear recordings, the surcharge is 50% of the
standard charge. For use in other countries, the rates are available on request.
Article 7. Cancellations
7.1
If the client wishes to cancel an option on or a booking of a participant, this must be done more than 48 hours before the start of the assignment. In that case there are no costs associated with the cancellation. For cancellation between 48 and 24 hours before the start of the assignment, the client is charged 50% of the agreed fee, the agency commission and administration costs with a minimum of €70 is payable per participant. For cancellation by the client within 24 hours, the client owes the entire agreed fee and all additional costs.
7.2
If the work assignment cannot continue or expire at the agreed time and Diversity Model Agency and the client therefore do not make use of the performance of the participant, Diversity Model Agency does not owe any compensation. The work that has already been performed in that case will be reimbursed.
7.3
The participant is not allowed to cancel an agreement within 48 hours before the start of the work. If the participant is prevented from cooperating for any reason, the participant must
Diversity Model Agency without delay. In the event of non-appearance or late appearance of the
Participant in the work Diversity Model Agency has the right to dissolve this agreement, without Diversity Model Agency being obliged to pay any compensation. In such case, the participant forfeits
furthermore, a fine to Diversity Model Agency of 100% of the agreed fee, unless there is absolute force majeure.
Article 8. Taxes
8.1
The participant is responsible for payment(s) in the context of withholding tax and/or social contributions, national insurance, tax authorities and/or business association and indemnifies Diversity Model Agency against all
claims of third parties, including yourself, of any kind in that context.
Article 9. Rates
9.1
All rates are bindingly determined by Diversity Model Agency in in the booking agreement. The fee agreed between the client and Diversity Model Agency is recorded in a quotation and/or contract agreement. The fee (compensation) is determined by Diversity Model agency and may depend on the nature and scope of the work; as well as the experience of the participant.
9.2
The daily rate is payable from bookings up to a maximum of 8 working hours between 8.00 and 24.00. An overtime rate is payable for work after 24.00 and/or before 08.00, which is at least 200% of the agreed hourly rate. A half-day is understood to mean 4 consecutive hours that fall in any case between 8 a.m. and midnight. Parts of an hour are always rounded to a whole hour, starting from 20 minutes. The hours are calculated from the moment the participant had to be present until the participant is ready.
9.3
The client owes the travel costs, calculated on the basis of a kilometer allowance for the use of a private car based on the applicable ANWB rate, from place of residence to work place. The travel expenses will be passed on to the client by Diversity Model Agency. If work has to be performed abroad, the client must pay the full travel and accommodation costs in advance. For travel times longer than one hour, half of the agreed hourly rate will be charged proportionally, provided this has been expressly agreed with the participant and client by means of a
agreement. For participants up to the age of 16, the client also owes travel costs for a supervisor. Unless otherwise agreed, all rates charged by Diversity Model Agency are exclusive of agency commissions, VAT, travel costs and any other additional costs.
Article 10. Payments
10.1
Payments must be made within 30 days of the invoice date unless otherwise agreed.
10.2
The Client has the obligation to immediately report inaccuracies in payment details provided or stated to Diversity Model Agency. Objections to the amount of an invoice do not suspend the payment obligation. The client is never entitled to set off the amount owed by him to Diversity Model Agency.
10.3
If payments are not made, or are not made in full and/or not on time, the client will be in default by operation of law. In the event of default, the client owes an interest of 1% per month on the outstanding amount from the due date of the invoice(s) until the moment of full payment. The client owes extrajudicial collection costs at the moment that he is in default. The extrajudicial collection costs for the client amount to at least 15% of the amount to be collected with a minimum of € 500. The client who is a consumer only owes extrajudicial collection costs after he has been unsuccessfully demanded to pay within a period of 14 days. The extrajudicial collection costs amount to the amount in accordance with the most recent decision for compensation of extrajudicial collection costs.
10.4
Diversity Model Agency is exclusively and only then if a client has paid to Diversity Model Agency to proceed with payment to the participant. Diversity Model Agency can never be addressed by the participant for whatever reason if the client has not paid or has not paid in full to Diversity Model Agency. Payment of the agreed price takes place within 2 weeks after the client has paid Diversity Model Agency and Diversity Model Agency has received the relevant amount on its account.
Article 14. Approach to participants outside the website and/or Diversity model agency
11.1
The client or participant is not allowed to approach or contract each other directly or indirectly for any new assignments and/or for the financial settlement without approval or without the knowledge of Diversity Model Agency, after having been brought into contact with each other by Diversity Model Agency once. of an assignment. If this does happen, the client will owe the amount to Diversity Model Agency twice
that would have had to be paid if the contracts had been concluded through Diversity Model Agency. The above also applies to assignments 'resulting' from an assignment.
Article 12. Liability
12.1
Except in the case of gross negligence or intent on the part of Diversity Model Agency, Diversity Model Agency is not liable for any damage suffered by participants or clients through or as a result of using the website. This also includes damage resulting from incorrect information provided by participants on the website, if this information has been made available by the participants and has been taken over.
12.2
Diversity Model Agency is neither liable towards the client nor towards the participant for any damage and/or costs of whatever nature, except as a result of intent and gross negligence by Diversity Model Agency, to be demonstrated by the participant or client, who during working hours or arising in connection with work. Client and participant expressly indemnify Diversity Model Agency against any claim also by or on behalf of third parties.
12.3
Diversity Model Agency is not liable for any damage suffered by the client or third parties that the participant
during the assignment. Diversity Model Agency is also not liable for any damage suffered by the client for failure by a participant to fulfill one or more of his/her obligations. For example failure or poor performance by the participant, misconduct by the participant, or when the participant looks different from how the client had expected. The participant is liable for all damage resulting from any form of default of or by the participant. Diversity Model Agency is at all times entitled to refuse a performance offered after the default has occurred.
12.4
Diversity Model Agency is neither liable towards participants, nor towards client and third parties for accidents, (permanent) disability and death of the participant on the way to and/or from the assignment location
and during assignments.
12.5
Diversity Model Agency will not be liable in any way for the loss of or damage to the personal participant's property. The participant is liable for all damages of Diversity Model Agency if as a result of loss, theft and/or damage to goods of Diversity Model Agency and/or goods of the employees of Diversity Model Agency and/or goods of other counterparties such as clients of Diversity Model Agency and/or their employees, insofar as this damage is resulting from any act or omission of the participant.
Article 13. Participant confidentiality and publicity
13.1
The participant will keep the existence, nature and content of the agreement or assignment confidential and will not disclose anything about it without the written permission of Diversity Model Agency. The participant undertakes to treat all data and information concerning or related to the customers, products, services, business operations and organization of Diversity Model Agency, which come to the attention of the participant in the context of the execution of the agreement or assignment, confidentially, secretly. to keep and for
not to use them for any purpose other than for which they were provided. In the event of violation of any obligation of the participant under the provisions of these articles, the participant is, without any notice of default
required, an amount of €5,000 is owed to Diversity Model Agency for each violation, without prejudice to any other right accruing to Diversity Model Agency, such as the right to compensation.
13.2
The participant is not allowed in any way without written permission from Diversity Model Agency to publicize the assignment.
Article 14. Amendment of these terms and conditions
14.1
Diversity Model Agency has the right to change the content of the general terms and conditions at any time. All known recipients of Diversity Model Agency services will be notified by means of sending the conditions or handing over unless this cannot reasonably be expected of Diversity Model Agency.
Article 15. Applicable law in dispute settlement
15.1
The agreements with participants and/or clients, including the registration on the website of Diversity Model Agency is understood, Dutch law applies. The court in the statutory place of business of Diversity Model Agency is exclusively authorized to hear disputes between Diversity Model Agency and the participants and/or clients, as well as disputes arising from the use of the website by participants and/or clients.
