1. business and industrial

Booking Conditions - Dutch Talent Management
Dutch Model Management based in the Netherlands, Registered in Utrecht, The Netherlands, at the Chamber
of Commerce, registration number 52236498, represented by Nidhi Chopra hereinafter called “Dutch Talent
Management”.
The following provisions are intended to govern legal relations between models, model agencies and the
respective clients in a binding manner, unless other agreements shall have been expressly made for specific
cases.
Article 1: General Conditions
1.1
These general booking conditions cover all agreements between Dutch Talent Management and third
parties (hereinafter called “The Client”) relating to models, stylists or make-up artists registered with
and supplied by Dutch Talent Management to the Client.
1.2
Deviation from these General Booking Conditions is only valid when they are made by written
agreement between the Client and Dutch Talent Management.
1.3
The General Booking Conditions of Dutch Talent Model Management take precedence over any
General Booking Conditions of the Client, unless agreed other-wise.
1.4
Dutch Talent Management has collaboration agreements with partner agencies worldwide. Whenever
a model is working international, the collaborating agency will take care of the accommodation and
the total management of the model for the period of work. The collaborating agency will inform
Dutch Talent Management, as the mother agency, frequently about the career movements of the
model.
Article 2: Bookings
2.1
A booking agreement is an agreement between the client and the model. The model undertakes to
render services on a certain date (to be referred to below as ‘the booking date’) and to relinquish
publication rights for a certain period of time to the client; the client undertakes to remit payment to
Dutch Talent Management for the services rendered by the model and by Dutch Talent Management.
The booking agreement shall be deemed to be formulated once a client enters into an agreement
with the model via Dutch Talent Management (to be referred to below as ‘booking’) to purchase
these services and publication rights for a certain sum of money (to be referred to below as ‘the
invoice amount’).
2.2
2.2.a
2.2.b
2.2.c
2.2.d
2.2.e
The invoice amount is the sum of the following:
The model fee, consisting of the standard rates, royalties, surcharges and special surcharges charged
by the model.
The travel time.
The agency fee, which is a sum equalling to 20% over 2.2a and 2.2b above.
The traveling expenses.
The VAT (Value Added Tax) over the total amount.
2.3
Models can be booked per whole day, half day or per hour.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
Article 3: Booking Fees
3.1
The services of a model or any other person supplied by Dutch Talent Management to the Client shall
be at an hourly, half daily or daily rate set in accordance with the Schedule of Rates which is available
on request via Dutch Talent Management.
3.2
In addition to the above and unless explicitly agreed otherwise, the following conditions shall apply to
the payment for the services of a model or other person supplied by Dutch Model Management or
associated agencies to the Client. The standard rates consist of a fee for services rendered and
publication rights expressed in:
Hourly Rate: Whenever a model or other person supplied by Dutch Talent Management to the Client
is hired on an hourly basis there will be an additional surcharge of € 100,00 for each booking.
Half-day Rate: The half-day rate is only applicable when a booking is for a period ending at 1.00 pm or
starting at 2.00 pm on any day. Any booking which is over 5 hours will be charged at the day rate.
Daily Rate: Unless the hourly or half-day rate is explicitly agreed, the daily rate will be charged
regardless of the time the model or other person supplied by Dutch Talent Management has been at
the disposal of the Client, provided that this time does not exceed eight hours on a working day.
3.2.a
3.2.b
3.2.c
3.3
For photography assignments, the client will, upon payment of the standard rate, be entitled to
publish in the Netherlands only the photographic material taken on the booking date in daily and
weekly publications and advertising brochures with a maximum circulation of 950,000 printed copies
and usage on internet for a period of 1 year following the booking date. Surcharges are payable for
usage as provided for under article 4. A separate agreement must be entered into for other forms of
usage, and in particular the usage provided for under article 5.
3.4.
The client shall be obliged to inform Dutch Talent Management of any change and/or adjustment
and/or conversion of the provisions of the third paragraph to the effect that the model and/or the
material and/or the publication rights are used in a manner other than what has been agreed in
writing between the client and the model.
Article 4: Surcharges
4.1
4.1.a
4.1.b
4.1.c
4.1.d
4.1.e
For the following services and/or publication rights Dutch Talent Management will charge the
following surcharges in addition to the standard rates, whether or not expressed in percentages of
the standard rate:
Travel time: Any time spent by the model travelling to or from a client’s venue will be charged at 50%
of the hourly rate.
Overtime: Overtime rates apply at any time in excess of any 8 hour period including any time outside
8am and 8pm, Monday to Friday and on all bookings lasting longer than 8 hours (excluding one hour’s
break). Overtime on Saturdays are charged at one-an-a-half times the hourly rate. Sundays or Bank
holidays are charged at double the hourly rate.
Fitting and Tailoring: Any time spent by the model for rehearsals, fittings, tailoring and so on, is
charged at half the applicable hourly rate with a minimum charge to the client of €50 per hour. If the
fitting and tailoring takes longer than two hours, the standard hourly rate applies.
Lingerie and foundation garments: For the modelling of lingerie and/or foundation garments an extra
surcharge of 50% of the hourly/daily rate will be charged.
Nude: The taking of nude photos of models is forbidden unless the Client and Dutch Talent
Management have a prior written agreement. For nude photography a minimum surcharge of 100%
of the agreed fee will be charged.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
4.1.e
Casting: Whenever models are required for casting, no extra charges will apply unless two or more
models are required. For just one model a surcharge of € 75,00 and the travel expense of the model
will be charged.
4.2
Unless agreed upon otherwise Dutch Talent Management and the Client will agree on a surcharge for
any materials used outside The Netherlands.
4.3
If a model appears in commercials, shows, film, television or video recordings or appears on posters,
advertisement on trams or busses, billboards on shelters for public transport in deviation from the
terms mentioned above, the fees and other charges due in respect of the services of the model shall
be agreed in consultation between the Client and Dutch Talent Management.
4.4.
For commercials on the Dutch broadcasting stations RTL 4, RTL 5, RTL 7, RTL 8, SBS 6, Veronica, Net 5,
regional and foreign broadcasting stations: rates available on request.
4.5
In the event of any surcharge per calendar year and/or other period and/or number of broadcasts
being payable, the client shall be required to remit the applicable surcharge in full, even if no use is
made of the facility or the material during the entire period.
4.6
The client shall be obliged to inform Dutch Talent Management of any change and/or adjustment
and/or conversion of the provisions of the first paragraph to the effect that the model and/or
materials and/or the publication rights are used in a manner other than what has been agreed in
writing between the client and the model.
4.7
All amounts mentioned during booking negotiations are exclusive of the applicable Value Added Tax.
Article 5: Additional Fees
5.1
5.1a
5.1b
5.1c
5.1d
5.1e
5.1f
5.1g
5.1h
5.1i
5.1j
Additional fees are payable for the right to use the model’s image or reproductions, or adaptations of,
or drawings derived from that image, or any other representation of it, either complete or in
part whether alone or in conjunction with any wording or other images, photographs, drawings or
anticipated purposes which are in addition to and outside the scope of the initial permitted use in the
form of:
CD cases, book jackets, calendars, stickers, etc.
Internet applications or in any digital media including but not limited to Twitter, Facebook, MySpace,
YouTube, Flickr, Blogs or other social networking websites or media
Packaging
Cinema commercials or similar communications
Video/DVD/TV/film/CD-ROM recordings, or other (new) recording media; a separate surcharge will be
payable for recordings designated for use in TV commercials, Live shows, presentations in any form
whatsoever, whether or not designated for video/TV.
Campaigns exceeding the duration of 1 year
Media not specified above/media not known at present.
Use for more than one medium, for example the use of existing materials, such as on a packaging
material and in a Video commercial.
Conversion of one medium into another medium
The client requiring exclusive rights to the model
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
5.2
Unless otherwise agreed, the additional fees cover the right to use one image for one year from the
date of booking, in The Netherlands only, for the permitted use or uses or purposes agreed between
Dutch Talent Management and the client. Under no circumstances will each additional usage fee be
less than the model’s advertised day rate as determined by Dutch Talent Management
unless determined otherwise by Dutch Talent Management in its absolute discretion.
5.3
Territory: Additional fees are also payable, for the right to use the model’s image or
reproductions etc, as set out in section 5.1 above for all known or anticipated territories other than
The Netherlands. Unless otherwise agreed the additional fees cover the right to use one image for
one year or one season (as determined by Dutch Talent Management at the date of booking) from the
date of booking, in the territory or territories agreed and stipulated on the booking form. Under no
circumstances will each usage fee be less than the model’s advertised day rate as determined by
Dutch Talent Management unless determined otherwise by the Agency in its absolute discretion.
5.4
The client shall be obliged to inform Dutch Talent Management of any change and/or adjustment
and/or conversion of the provisions of the Paragraph 1 of this Article 5 to the effect that the model
and/or materials and/or the publication rights are used in a manner other than what has been agreed
in writing between the client and Dutch Talent Management.
5.5
Other services: Additional fees are also payable for other services to be supplied by the model, for
example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by
case basis between Dutch Talent Management and the client.
Article 6: Location Booking
6.1
When a location booking is made, a client must provide transport for the model both to the booking
location and back again unless agreed otherwise. If the client fails to provide such transport then
Dutch Talent Management shall be entitled to charge the cost of the travel procured by the model
from the client. The cost of travel is charged as mentioned in the two points below.
6.2
Travel time: For each hour or part of an hour spent traveling 50% of the hourly rate will be charged.
The travel time will be calculated from the moment the model or other person leaves her/his place of
residence, until the time the location will be reached.
For national assignments, Travel time will not be charged if the booking has been quoted at the daily
rate.
For international assignment, Travel time will not be charged provided booking consists of minimum 5
day period.
6.2.a
6.2.b
6.3
Travel expenses: For work done by a model or other person the total travel expenses will be charged.
These expenses will include all expenses incurred from the place of residence of the model or other
person to reach the location. First Class rate of the Netherlands Railway Company (NS) will apply for
train fare and Tourist Class will apply for airfare. The expenses will also include any travel by taxi if
necessary. All international traveling and accommodation must be paid in advance, or by booking via
company credit card.
6.4
All the travel related fees referred to in this article are exclusive of VAT.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
Article 7: Use of exposures and takes
7.1
The Client is only allowed to use exposures and other recordings in the manner agreed between
Dutch Talent Management and the Client. Any other use of exposures and other recordings is not
allowed. In particular, the Client is not allowed to use photos and film images or parts thereof for
window posters, stickers, calendars, packing and labels etc.
Article 8: Payment
8.1
The person booking the model is the client, who will be invoiced and solely responsible for payment,
unless otherwise agreed in writing at the time of booking. Dutch Talent Management reserves the
right in its discretion to invoice the ‘ultimate client’, (eg. designer/ manufacturer/owner of the
product in question). For example, this may be done if the client is booking on behalf of the ultimate
client, in which case the client and the ultimate client are jointly and severally liable to pay all of the
fees and settle the invoice accordingly.
8.2
Dutch Talent Management shall send invoices to the client on behalf of the model. The client shall be
required to transfer the invoice amount to the bank account of Dutch Talent Management, stating the
invoice number, within 14 days from the date of the invoice.
8.3
All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or
not the right is exercised. Unless specifically agreed otherwise, in writing, no usage for the model’s
image is permitted until Dutch Talent Management has received payment in full. Dutch Talent
Management reserves the right to alter payment terms if it deems appropriate, prior to booking.
8.4
In the event of the payable invoice amount and/or other payable amounts not being remitted by the
due date - notwithstanding and in addition to the client’s obligation to pay the fine(s) as provided for
in Article 8.5 & 8.6 below – the extrajudicial costs between the parties, in anticipation of the
establishment of the actual costs, shall be provisionally set at an amount equal to 10% of the invoice
amount.
8.5
In the event the client is in default of its payment obligations, as and when due, the model and/or
Dutch Talent Management, notwithstanding and in addition to any other rights arising in this regard,
shall be entitled, without further notice of default, to payment of interests at a rate of 2% over the
payable amount per calendar month or per part of a calendar month with effect from 14 days
following the date of the invoice, with a minimum extra amount of € 25,00 for administration costs.
Notwithstanding anything to the contrary, the client shall not be entitled to make any use of the work
provided by the model until all payments have been made in full by the client.
8.6
All costs incurred by Dutch Talent Management to effect the rights of the model and/or Dutch Talent
Management, and all (extra)judicial (collection) costs shall be payable by the client without further
demand or notice of default being required. The (extra) judicial (collection) costs shall total at least
10% of the payable amount with a minimum amount of € 150,00 plus postage costs for each
individually claimed invoice amount.
8.7
All costs, (extra) judicial or other relevant costs, incurred by Dutch Talent Management following
failure by the client to comply with the booking conditions, and in connection of such failure, shall be
paid by the client.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
8.8
In the event of the client failing to lodge complaints, in writing and giving details of such complaints,
within 8 days from the date of the invoice, the client shall be deemed to have fully approved the
content and the amount of the invoice he has received. In such event the client shall not be entitled
to suspend its obligations to pay the invoice amount.
8.9
The Client is not authorized to deduct from the amount due any claims the Client may have against
Dutch Talent Management.
8.10
The client shall at all times remain liable for payment of the invoice.
Article 9: Exclusivity fee
9.1
Unless otherwise agreed in the booking confirmation form the model is supplied by Dutch Talent
Management to the client on a non-exclusive basis and the model shall be free to provide similar
and/or competing services to any third party and/or competing product or brand of the client. An
additional fee will need to be agreed when the use of the model’s image or the service to be supplied
by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector
specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the
model’s image for competing and/or particular sector of products or within a particular territory. A
model can supply services to and allow use of the model’s image by any competitor unless such an
exclusivity fee is negotiated and paid by the client. It is the client’s responsibility to carry out any
research and check whether the model supplied has undertaken or is booked to undertake any
conflicting work.
Article 10: Provisional bookings
10.1
Dutch Talent Management, grants the client a priority right (to be referred to below as ‘Provisional
booking’) to book the model for a certain date. Provisional booking must be confirmed into a booking
at least 48 hours (two days) prior to the booking date, and for models staying or residing abroad, at
least 72 hours (three days) of proposed booking. Provisional bookings will be automatically cancelled
if they are not confirmed by the client (by signing and returning the booking confirmation form)
within 48 hours of the proposed booking.
Article 11: Cancellations
11.1
In the event of the client cancelling the booking more than 72 hours (three days) prior to the booking
date, and for models staying or residing abroad more than 120 hours (five days) prior to the booking
date, no charges will be made. Irrespective of whether the cancellation is the fault of or can be
attributed to the client, if the booking is cancelled within 72 hours (three days) or 120 hours (five
days) respectively, 50% of the full, agreed invoice amount shall be payable and 100% shall be payable
if the cancellation is made within 24 hours before the booking date or on the booking date itself.
Article 12: Cancellation of booking by Dutch Talent Management
12.1
Should Dutch Talent Management want to cancel a booking then it shall use reasonable endeavors to
provide the client with reasonable notice, take steps to offer to the client a suitable replacement
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate
against such cancellation.
12.2
In any event, Dutch Talent Management shall be entitled to cancel a booking at any time and for any
reason prior to the booking date without liability to the client and the client will procure the
necessary insurance cover with a reputable insurance provider to protect against such cancellation
and any associated liability. Dutch Talent Management shall not be liable to the client for any costs
incurred as a result of such cancellation.
Article 13: Weather related cancellations
13.1
In the event of the client clearly indicating in his booking that the booking shall only be required
subject to the condition that the weather is fair (also called ‘Good Weather Booking’, hereunder to be
referred to as a ‘fair weather booking’), that booking can be cancelled on one occasion only free of
charge. In the event of the fair weather booking being repeated and cancelled for a second time, half
of the invoice amount shall be payable. In the event of a third cancellation, the entire invoice amount
shall be payable, irrespective of the time that has elapsed since the previous cancellation for the same
booking.
Article 14: Meals
14.1
Clients are responsible for the provision of all meals and beverage requirements of the models (taking
into account dietary requirements) whilst the models are providing services to the client on all
bookings.
Article 15: Fashion shows
15.1
Catwalk bookings provide the client with the right to make use of a model’s services on the catwalk
for the specified show and the right to allow photographers to be present to take photographs and
videos of the show on the basis that all such material (or reproductions etc. as set out in section 5
above) is exploited for reporting purposes only. The client is responsible for ensuring that all
photographers present are aware of this condition and the client will procure that they abide by these
conditions. If any other usage is required it must be negotiated and agreed with Dutch Talent
Management at the time of the booking.
Article 16: Test and experimental photography
16.1
When Dutch Talent Management agrees to allow a photographer to take test or experimental
photography, the photographer is not entitled to use, or allow others to use, test and/or
experimental photographs or test commercials for commercial purposes unless specific arrangements
have been made before the photographic session.
Article 17: Model care and safety
17.1
The clients shall ensure that the model is treated with respect and professionalism and that the client
takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and
maintained at all times whilst providing services to the client. Such steps shall include without
limitation:
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
17.1a
ensuring that the venue for the provision of the services and the working conditions are safe and
secure and allow the model to provide the services in compliance with all health and safety standards,
regulations, codes and laws;
17.1b
allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain
suitable amounts of rest and refreshment whilst delivering the services;
17.1c
providing adequate levels of insurance cover to safeguard the health and safety and future earnings
of the model whilst the model is delivering the services and travelling to and from the client’s venue
as if he/she were an employee of the client;
17.1d
ensuring that all of the people and organizations which are engaged by the client in relation to the
delivery of the services are suitably qualified, experienced and professional;
17.1e
ensuring that no one imposes upon the model any action or activity which is either dangerous,
degrading, unprofessional or demeaning to the model;
17.1f
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.
Article 18: Responsibility
18.1
18.1a
18.1b
18.1c
18.1d
18.1e
Client is responsible for/to (but not limited to):
Notify if double, triple or group bookings.
Disclosure of extraordinary conditions or requirements.
While booking weather permit, specify weather requirements.
Provide adequate dressing facilities on all bookings.
Provide optimal and safe working conditions mentioned in article 17.
18.2
Client is responsible for always including a credit in the form of “model’s name” @ “the Agency”,
wherever a credit is applied.
18.3
Mention exclusivity if required by the client.
Article 19: Penalty clause
19.1
In the event of the client failing to comply with his duty of notification and/or payment obligation as
provided for in articles 3, 4, 5, 6, 7 and 8, the client shall forfeit to the model and Dutch Talent
Management an immediately payable fine of five times the invoice amount for each act of noncompliance on the part of the client, without notice of default being required.
Article 20: Complains & Disclaimer
20.1
Any cause for complaint must be reported to Dutch Talent Management by the client as soon as it
arises. Polaroid photographs must be taken to provide evidence for the complaint. The model must
then be expressly released from the obligation to work. Complaints cannot be considered and/or
dealt with effectively after the services have been delivered. Proven client complaints shall revoke any
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
obligation to pay for this model, including travel expenses. If photographs are nevertheless taken
using the model, the client shall be considered as having waived all rights to complaint.
20.2
If the model should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the model
shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to
be partially or entirely impossible, then the model shall lose the proportionate claim to a daily fee on
the basis of the overtime rate.
20.3
Whilst Dutch Talent Management will use reasonable endeavours to ensure that the models provide a
satisfactory and efficient services to clients, as the agent, the Agency cannot be held responsible for a
model’s conduct or behaviour whilst delivering the services and in this regard Dutch Talent
Management shall not be held liable for any costs, expenses or losses suffered as a consequence of
the behaviour or conduct of any model.
20.4
20.4a
20.4b
20.4c
Complaints against Dutch Talent Management are only recognized on the following conditions:
The complaint must show a just cause.
The complaint must be made to Dutch Talent Management immediately in writing.
The model or other person supplied by Dutch Talent Management must be refused by the Client
before any services are rendered by the model or other person supplied by Dutch Talent
Management.
Article 21: Insurance and Liability
21.1
The client is responsible for the model’s health and safety when the model is providing services, in
connection with the booking to the same extent as if the model were an employee of the client. The
client will maintain adequate insurance cover to underwrite its obligations to the model.
21.2
The client must take out an appropriate insurance policy for models involved in particularly hazardous
shots. If the agency was not expressly informed of the hazard at the time of booking, the model shall
be entitled to refuse performance and shall receive a cancellation fee in the amount of 70 % of the
entire fee which was agreed.
21.3
Dutch Talent Management is not responsible if the model fails to attend the booking. The client is
advised to insure against any losses which might result if the model does not keep a booking because
of ill health or some other valid reason.
21.4
Dutch Model Management shall have no liability to the Client in respect of any actions, proceedings,
accounts, claims or demands of any kind which may from time to time be brought or made by the
Client in connection with any loss or damage caused to the Client by Dutch Talent Management or
any of the models or other persons supplied by Dutch Talent Management to the Client unless the
same were caused by malice or gross negligence.
21.5
The Client releases Dutch Talent Management from all liability in respect of any actions, proceedings,
accounts, claims or demands which may from time to time be brought or made in connection with
any loss or damage caused to any third party by Dutch Talent Management to the Client during the
completion of work done for the Client by such model or other person, unless the same were caused
by malice or gross negligence.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
21.6
Further claims shall be subject to general statutory regulations. The model's liability as well as that of
the agency, on any legal grounds whatever, shall be restricted to the total of the invoice amount less
the agency fee, and Dutch Talent Management for the total amount of the agency fee.
21.7
The client accepts liability for all damages suffered by the model and Dutch Talent Management
arising from a (booking) agreement.
21.8
Neither the model nor Dutch Talent Management can be held liable for any damages arising from the
booking agreement.
Article 22: Contract and authority
22.1
All matters relating to the use of the model’s image, any other services supplied by the model and all
fees must be negotiated and agreed only with Dutch Talent Management. The client shall not
attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the
photographer or any other person on their behalf or connected with them obtains the model’s
signature on any document or the model’s purported verbal agreement to anything outside of the
scope of this agreement, such signature or verbal agreement shall not constitute a variation of this
agreement and is not binding on the model or Dutch Talent Management unless and until it is agreed
in writing by Dutch Talent Management (such agreement to be determined in the Agency’s absolute
discretion).
Article 23: Force Majeure
23.1
The Agency shall not be liable to the client for any delay in performing or failure to perform any of its
obligations under these terms and conditions which is due to any cause beyond its control and which
is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire,
floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an “Event of Force
Majeure”) and the Agency’s obligations under these terms and conditions shall be suspended for so
long as the Event of Force Majeure continues and to the extent that it is so delayed.
Article 24: Booking Termination
24.1
24.1a
24.1b
24.1c
Dutch Talent Management maintains a strict policy concerning respect to, and security of our models.
Dutch Talent Management shall have the right to terminate the booking contract with immediate
effect in the following events. Under absolute no condition the following is tolerated:
Any kind of sexual or violence or psychological intimidation or abuse or operations by client or their
employees, relatives or associates to model.
Any kind of observations or operations which can bring harm to the integrity or personal life
environment of model.
Any kind of activities which endangers the security, hazardous situations, health, integrity or personal
life environment of model.
24.2
Violation of one or more of the above mentioned policy rules (specially a violation of paragraph
24.1a) regarding the model, under any possible conditions, shall be brought to justice.
24.3
In any of these cases:
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
24.3a
24.3b
24.3c
Model has the right to immediately refuse all services as mentioned in the booking and leave the
location.
Dutch Talent Management has the right to immediately pull back the model and cancel all activities as
mentioned in the booking.
Dutch Talent Management does not accept any loss liability or responsibility for actions that violate
the above company rules.
24.4
Neither the model nor Dutch Talent Management can be held liable for any loss or damage caused by
actions of unprofessional behaviour towards a model wherefore Dutch Talent Management need to
take responsibility to pull back the model from the booking. In this case neither the model nor Dutch
Talent Management can be held liable for any loss or damage caused by unfinished work.
24.5
The client shall not be entitled to suspend its obligations to pay the full amount as wherefore the
model is booked.
24.6
For each and every act of violation the company rules in this article, the client shall forfeit to the
model and Dutch Talent Management an immediately payable fine of € 15.000 (fifteen thousand).
24.7
All costs incurred by Dutch Talent Management to effect the rights of the model and/or Dutch Talent
Management, and all (extra)judicial (collection) costs shall be payable by the client without further
demand or notice of default being required.
Article 25: Third parties
25.1
25.1a
25.1b
25.1c
25.1d
25.2
25.3
In the event that the client is providing the services on behalf of or to a third party end user, in
entering into these terms and conditions the client is acting in its capacity as the agent of the third
party end user and the client shall ensure that the third party end user:
enters into an agreement with the client on the same terms as these terms and conditions;
acknowledges its obligations to the Agency including but not limited to the obligation to pay the
Agency within 14 days of the date of any invoice received from the Agency;
Acknowledges that the third party end user may not use the images until payment is received by the
Agency and that at all times the third party end user is subject to any restrictions as to use of the
images including but not limited to territorial restrictions and restrictions as to media in which the
images may be used.
Any fees received by the client from the third party end user relating to any of the rights or benefits
conferred on the client by these terms and conditions shall be deposited in a designated Agency
account by the client (the Third Party End User Fees). The Third Party End User Fees shall be held on
trust for the Agency as beneficiary until such time as all outstanding fees owed by the client are paid
in accordance with the terms of these terms and conditions.
In the event of the provisions of the first paragraph being violated, the client shall forfeit to the model
an immediately payable fine of five times the invoice amount without notice of default being
required.
The client undertakes to the model, on penalty of a fine of five times the invoice amount, to
incorporate in any agreement to be entered into with a third party as provided for in paragraph 1, a
penalty clause in the event of that third party or those third parties making use of the materials
without the permission of the client following termination of the agreement entered into with the
client. This fine shall total five times the invoice amount for each violation and shall be directly
payable by that third party to the model.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
25.4
All fines shall be paid to Dutch Talent Management, which shall be responsible to make any relevant
payment to the model in question.
Article 26: Disputes
26.1
All agreements with Dutch Talent Management are governed by the law of The Netherlands and
European International Law. Regarding all disputed with respect to these General Booking Conditions
parties hereto submit to the exclusive jurisdiction of the Courts of The Netherlands.
Article 27: Notices
27.1
Any notice required to be given hereunder to Dutch Talent Management shall be given in the form of
a registered letter and shall only be effective when actually received by Dutch Talent Management.
For this purpose the registered letter should be addressed as follows:
Dutch Talent Management
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands
Phone: + 31(0) 62 690 47 57
www.dutchtalentmanagement.com
[email protected]
©Dutch Talent Management 2014
All agreements with Dutch Talent Management are governed by the law of The Netherlands. Regarding all
disputed with respect to these General Booking Conditions parties hereto submit to the exclusive jurisdiction of
the Courts of The Netherlands.
[email protected]
www.dutchtalentmanagement.com
+31626904757
Parkzichtlaan 324
3544 MN Utrecht
The Netherlands