A Legal Disclaimer
The subject of this contract is the legal relationship between the model (hereinafter also referred to as "model"), MNZN Models acting through La Maison MNZ UG, and the respective customer. Our booking conditions apply exclusively unless otherwise agreed upon individually.
2. Contract brokerage and fees
(1) MNZN Models represents the models vis-à-vis the client. It makes statements to the client in the name and on behalf of the model. The client is defined as the person who books with MNZN Models, unless otherwise expressly agreed in writing at the time of booking.
(2) For the placement of the model, the customer shall pay MNZN Models a commission of 20% of the agreed model fee or the cancellation fee to be paid plus VAT, unless otherwise agreed. Any liability of MNZN Models arising from the brokered legal relationship is excluded. The customer is not entitled to offset claims against the model against MNZN Models' commission claim or to assert a right of retention.
(3) The client is obligated to pay the agency commission for subsequent bookings as long as the model is represented by MNZN Models. The client agrees to refrain from making direct bookings bypassing MNZN Models.
3. Bookings
(1) Firm booking
Confirmed bookings are binding for both parties. MNZN Models will promptly confirm them in writing upon the client's request, providing the essential booking details.
(2) Option
These are reservations for a binding date. They expire if a firm booking is not made at least one business day (by 6:00 p.m.) before the start of the activity or within one business day of a request from MNZN Models. Saturdays and Sundays are not business days. German time applies. Options are noted after the booking is received. If this is not the first option, the client will be informed of the option's priority. If an option expires, subsequent options move up in the ranking.
(3) Weather booking
These are bookings that are subject to specific weather conditions. Unless otherwise agreed, these are considered fair-weather bookings. They are only possible at the model's location and must be explicitly designated as such. If the weather conditions specified in the booking do not exist or the weather situation is unclear, the client can cancel the booking with MNZN Models up to one hour before the agreed start of work. In this case, the cancellation fee is 50% of the agreed model fee.
4. Cancellation of the booking
(1) A confirmed booking may be canceled at any time for good cause. Good cause includes, in particular, cases of force majeure and circumstances that make the execution of the order unreasonable. The cancellation must be declared to MNZN Models immediately upon becoming aware of the reasons, including an explanation of the reasons.
(2) Cancellation for other reasons must be made as many working days before the start of work as the number of working and travel days booked, but at least 48 hours.
(3) If the notice of withdrawal is received by MNZN Models by 12 noon, this day shall be counted in the calculation of the withdrawal period as defined in paragraph 2. Saturdays and Sundays are not working days. German time applies.
(4) Cancellation of daily and hourly bookings may be made up to 24 hours before the start of work.
(5) If the model cancels an order after booking, MNZN Models will endeavour to find an adequate replacement for the customer, if necessary by involving other agencies.
(6) If cancellation is not made in a timely manner within the meaning of the above provisions or without good cause, the agreed fee shall be paid in accordance with Section 2. Any travel expenses incurred shall be reimbursed in full even if cancellation is made in a timely manner within the meaning of the above provisions.
5. Model's working hours
(1) For a full-day booking, the working hours are 8 hours, for a half-day booking, 4 hours. Unless otherwise agreed, the model's services will be provided between 9:00 a.m. and 6:00 p.m., with a one-hour lunch break for a full-day booking.
(2) Working time begins with the model's arrival at the agreed work location at the agreed time. Preparations such as makeup and hairstyling are included in working time.
(3) Overtime will be compensated at 15% of the agreed daily rate per hour or part thereof. Overtime of up to 30 minutes will generally not be charged as a gesture of goodwill.
(4) The joint travel of the model and client between the hotel/airport and the work location is considered working time. Travel to and from the hotel/airport (together) up to one hour per day is generally not charged as a courtesy.
6. Model's fee
(1) The model’s fee consists of his remuneration, the fee for usage rights and applicable VAT.
(2) In the absence of any other information from the client, MNZN Models assumes that a booking and the pricing process involve the shooting or presentation of clothing and/or fashion accessories such as nightwear, jewelry, stockings, shoes, hairstyles, eyewear, etc., which are designed in connection with fashion (fashion rate). The offered or agreed fee refers to this.
(3) Should the order instead concern corsetry, daywear, nudes, consumer goods advertising, advertising with fashion-rate shots, and commercials, a flat-rate surcharge of 100% for nudes and 50% each for corsetry and daywear shall be added to the agreed fee, unless expressly agreed otherwise and without prejudice to further rights. Otherwise, the remuneration to be paid shall be based on the extent of use.
(4) Unless otherwise agreed, every booking by a client shall be considered a daily booking. If the booking is actually a half-day or hourly booking, the fee shall be at least 50% of the daily fee for models residing at the work location. For models residing away from the work location, the fee shall be 100%.
7. Travel costs and expenses
(1) The client shall reimburse the model for travel to and from the work location if it takes place entirely or partially during the models' usual working hours (see Section 5, Paragraph 1 above). The travel allowance for orders shall be
- up to 2 working days: 1/2 daily fee,
- from 2 working days: no travel allowance unless the arrival or departure extends over a whole working day.
(2) Accommodation and meal costs will not be charged for models residing at the work location or not traveling to the location. Taxi fares will be charged in full for half-day and hourly bookings; otherwise, only from the city limits. For joint trips, the client will cover the travel, meal, and accommodation costs from the airport/train station of the departing model. Reimbursement will be made either as a lump sum based on the standard tax rates per working day or upon presentation of receipts. If the model is working for multiple clients at the work location, the costs incurred must be apportioned according to the respective working days.
8. Fee payment and payment terms
The fee is based on the individual agreement between the parties. Payments are due without deductions no later than 14 days after invoicing. In the event of late payment, MNZN Models reserves the right to charge interest and reminder fees.
9. Performance disruptions
(1) The client is obligated to inform MNZN Models immediately of any service disruptions or problems, providing all information necessary for assessment and problem resolution. Photographic documentation should be provided wherever possible. The model is not responsible for hairstyling, styling, or makeup. In the event of service disruptions attributable to the model that make the execution of the order impossible, the client is not entitled to fees or reimbursement of travel expenses. If photographs are taken with the model despite this, this shall be deemed a waiver by the client of any claims and rights arising from service disruptions.
(2) In the event of a model's culpable delay (oversleeping, missing a flight, etc.), the model must work longer hours accordingly. If this is not possible or only partially possible due to special circumstances, the model will lose their pro rata daily fee based on the overtime fee.
(3) For high-risk shoots, the client must take out appropriate insurance for the model. If MNZN Models has not been explicitly informed of the risk involved at the time of booking, the model is entitled to refuse to perform and will receive a cancellation fee amounting to 70% of the agreed total fee.
(4) Further claims are governed by the general statutory provisions. The liability of the model and MNZN Models for any legal reason is limited to twice the total fee. This does not apply in cases of intent or gross negligence.
10. Grant of rights
(1) Unless otherwise agreed, the respective contractual partner/customer is granted exclusive rights to the images created within the scope of the contractual relationship for a period of one year for use within the territory of the Federal Republic of Germany and exclusively for the agreed purpose, for the agreed product, and for the agreed form of use. The one-year period begins with the actual use, but no later than two months after the images are created.
(2) Any further use, in particular for posters, billboards, the internet, packaging, displays, videos, as well as any use of the model's name, requires the express written consent of MNZN Models as the model's representative. Digital storage of the recordings is generally not permitted and is only possible with express written consent and a specific statement of the intended use.
(3) All rights to recordings, reproductions, adaptations, etc. are transferred to the client only after full payment of the fee, buyouts, agency commission, and all costs. Any use prior to full payment of the agreed fee is prohibited. The transfer of rights is only permitted to the extent necessary to fulfill the aforementioned purpose. The MNZN Models booking conditions apply as general terms and conditions.
11. Other provisions
(1) The contractual relationship between the parties (customer, MNZN Models, and model) shall be governed exclusively by German law. The place of performance for all rights and obligations arising from the contract, including rights of use, is the registered office of MNZN Models.
(2) The customer undertakes to make changes or additions to bookings and deviations from these booking conditions only after prior consultation with MNZN Models and to refrain from asking models in direct contact to make changes or additions to bookings.
(3) Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In place of an invalid provision, a provision shall be deemed agreed that most closely approximates the intended purpose. The same applies to the filling of contractual gaps.
(4) The place of jurisdiction for registered merchants, legal entities under public law and customers without a general place of jurisdiction in Germany is the registered office of the agency.