Booking Conditions - Dutch Talent Management
Transcription
Booking Conditions - Dutch Talent Management
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