booking conditions

§ 1 General provisions

The following provisions shall govern the legal relationship between the models/talents (hereinafter referred to as "model"), the agency WIMA Models GmbH (hereinafter referred to as "agency") and the respective customer, unless otherwise expressly agreed in individual cases. In the event of agreed special provisions, these agreements shall apply in part and all other matters shall be governed by the following booking conditions.

§ 2 Basis of booking

(1) The Agency shall make declarations to the Client on behalf of and on the instructions of the Model. The Client is the person who books with the Agency, unless expressly agreed otherwise in writing at the time of booking.
(2) The client owes the agency the agency commission. Unless otherwise agreed, this amounts to 25% of the agreed model fee or the cancellation fee to be paid, plus VAT.
Any liability of the agency arising from the legal relationship brokered is excluded. The customer is not entitled to offset claims against the model against the agency's commission claim or to assert a right of retention.
(3) The customer shall also owe the agency commission for follow-up bookings. The customer undertakes to refrain from making direct bookings bypassing the agency or through another agency.

§ 3 Booking terms

(1) Options: Options are reservations with a binding date. An option expires if a firm booking is not made at least three working days (by 6 p.m.) before the start of the activity or within one working day of being requested by the agency. Saturdays and Sundays are not working days. German time applies. Options are noted after receipt of booking. If this is not a first option, the customer will be informed of the option's ranking. If an option expires, subsequent options move up in the ranking.
(2) Firm bookings: Firm bookings are binding for both parties. At the customer's request, they must be confirmed in writing by the agency without delay, stating the essential details.
(3) Weather bookings: Weather-dependent bookings are only possible at the model's location and must be expressly designated as such. Unless otherwise agreed, these are fair weather bookings. If the weather conditions are not favourable or the weather situation is unclear, the customer may cancel the booking with the agency no later than one hour before the agreed start of work. In this case, the cancellation fee shall be 50% of the agreed model fee.

§ 4 Cancellation

(1) A firm booking may be cancelled for good cause. Circumstances that make it economically unreasonable to carry out the firm booking also constitute good cause for cancellation. The agency must be notified of the cancellation immediately.
(2) Cancellation must be made as many working days before the start of work as working and travel days have been booked, but at least 3 working days.
(3) If cancellation is made before 12 noon, this day shall be included in the calculation. Saturdays and Sundays are not working days. German time shall apply.
(4) Daily and hourly bookings must be cancelled 24 hours before the start of work.
(5) If the cancellation is made by the model, the agency shall endeavour to find a suitable replacement for the customer, if necessary by involving other agencies.
(6) If a cancellation is not made in good time or without good reason, the agreed model fee shall be paid by the customer.

§ 5 Working hours

(1) For a full-day booking, the working time is 8 hours; for a half-day booking, it is 4 hours. Unless otherwise agreed, the working time for a full-day booking is from 9 a.m. to 6 p.m. with a one-hour lunch break.
(2) Working hours begin when the model arrives at the agreed place of work at the agreed time. Preparations such as fittings, meetings, make-up and hairstyling are included in the working hours.
(3) Overtime shall be remunerated at 15% of the agreed daily fee per hour or part thereof. Working time exceeding 30 minutes will not be charged as a gesture of goodwill.
(4) The joint arrival and departure of the model and customer between the hotel and the place of work (location) counts as working time. Arrival and departure (together) of up to one hour per day will not be charged as a gesture of goodwill.

§ 6 Model fee

The model fee includes the daily fee and the remuneration for usage rights plus any applicable VAT.
Half-day and hourly bookings For half-day bookings, the model fee for models based at the place of work is at least 60% of the daily fee. Half-day bookings for models travelling to the location and hourly bookings always require a separate agreement.

§ 7 Travel expenses

(1) Travel allowance: The model's travel to and from the place of work shall only be reimbursed if it takes place wholly or partly during the model's normal working hours. The travel allowance is:

• up to 2 working days: 1 day's fee,
• up to 4 working days: 1/2 daily fee,
• from 5 working days: no travel allowance, unless the journey to or from the place of work extends over an entire working day.

(2) Travel expenses For models who are based at the place of work or who do not travel, accommodation and meal costs will not be reimbursed. Taxi costs will only be reimbursed from the city limits, except for half-day and hourly bookings.
In the case of joint travel, the travel, meal and accommodation costs incurred from the airport/train station of the departing model shall be borne by the customer. Reimbursement shall be made either as a lump sum according to the tax guidelines per working day or upon presentation of receipts.
If the model works for several customers at the place of work, the costs incurred shall be divided according to the respective working days.

§ 8 Terms of payment

The model's fee, including cancellation fee, travel allowance and travel expenses, is payable net upon receipt of the invoice. Travel expenses shall be paid in the local currency or in EURO at the purchase rate; all other payments shall be made in EURO.

§ 9 Complaints, liability

(1) In the event of complaints, the customer must inform the agency immediately and state the reasons for the complaint. Polaroid photos must be taken as evidence of the complaint. The model shall then be expressly released from their work obligations. The model is not responsible for hairstyling, styling and make-up. In the event of complaints that are proven by the customer, any payment obligation for this model, including travel expenses, shall be waived. If photographs are nevertheless taken with the model, this shall be deemed a waiver of any claims by the customer.
(2) In the event of culpable delay on the part of the model (oversleeping, missed flight, etc.), the model shall work longer accordingly. If this is not possible or only partially possible due to special circumstances, the model shall lose his/her proportionate daily fee entitlement on the basis of the overtime fee.
(3) In the case of particularly risky shoots, the client must take out appropriate insurance for the model. If the agency has not been expressly informed of the risk involved at the time of booking, the model is entitled to refuse to perform and shall receive a cancellation fee of 70% of the agreed total fee from the client.
(4) Further claims shall be governed by the general statutory provisions. The liability of the model and his/her agency for any legal reason whatsoever is excluded.

§ 10 Rights of use

(1) Unless expressly agreed otherwise, the agreed model fee grants the named customer exclusive rights of use to the recordings for one year within the Federal Republic of Germany for the agreed purpose, the agreed product and the agreed form of use. The one-year period begins with the actual use, at the latest two months after the recordings are made.
(2) Any further use, in particular for posters, billboards, packaging, displays, videos, as well as any use of the model's name, requires the express written consent of the agency.
Digital storage of the recordings is generally not permitted and is only possible with the express written consent of the agency, specifying the intended use.
(3) Rights of use shall only be granted upon payment of the agreed remuneration. Any use prior to full payment of the agreed remuneration is prohibited.

§ 11 Final provisions

(1) German law shall apply between the parties to these booking conditions, the agency, the customer and the model. The place of performance for all obligations arising from the booking in connection with rights of use is the registered office of the agency.
(2) The client undertakes to make changes or additions to the bookings and deviations from these booking conditions only after prior consultation with the agency and to refrain from asking models to make changes or additions to bookings during working days.
(3) The validity of the booking conditions shall not be affected by the invalidity of individual provisions. In place of an invalid provision, the parties shall agree on a provision that comes as close as possible to the intended purpose. The same applies to the filling of contractual gaps.
(4) The place of jurisdiction for registered traders, legal entities under public law and customers without a general place of jurisdiction in Germany is the registered office of the agency.