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Terms and Conditions

* These Booking Terms are a summary.

The full General Terms & Conditions (AGB) below.

1. Scope

The subject of the contract is the legal relationship between the photographic model (hereinafter also referred to as the “Model”), MNZN Models acting through La Maison MNZ UG, and the respective clients. These booking conditions apply exclusively, unless individually agreed otherwise in writing.

2. Contract Mediation and Fees

  1. MNZN Models represents the models in dealings with the client, making declarations to the client in the name and on behalf of the model. The client is deemed to be the party booking with MNZN Models, unless expressly agreed otherwise in writing at the time of booking.

  2. For arranging the model, the client shall pay MNZN Models a commission of 20% of the agreed model fee or the cancellation fee payable, plus VAT, unless otherwise agreed. Any liability of MNZN Models arising from the arranged contractual relationship is excluded. The client is not entitled to offset claims against the model with MNZN Models’ commission claims or to assert any right of retention.

  3. The client is also obliged to pay the agency commission for repeat bookings as long as the model is represented by MNZN Models. To ensure fair collaboration, any direct bookings or attempts to circumvent MNZN Models while a model is represented by us will incur an additional agency fee equal to twice the agreed commission.In case of international bookings outside of Germany, the agency commission amounts to 25% of the agreed model fee, plus VAT, unless expressly agreed otherwise in writing.

3. Bookings

(1) Firm Booking

Firm bookings are binding for both parties. MNZN Models will, upon the client’s request, promptly confirm these in writing and provide the essential booking details.

 

(2) Option

An option is a reservation for a specific date. It will expire unless a firm booking is made no later than one business day (by 6:00 p.m.) before the start of the job or within one business day after MNZN Models requests confirmation. Saturday and Sunday are not considered business days. German time applies. Options are recorded in the order they are received. If the option is not the first, the client will be informed of its rank. When an option expires, subsequent options move up in rank.

 

(3) Weather Booking

A weather booking is conditional upon a specific weather condition. Unless otherwise agreed, this refers to good-weather bookings. They are only possible at the model’s location and must be expressly designated as such. If the required weather conditions are not met or the weather situation is unclear, the client may cancel the booking with MNZN Models up to one hour before the agreed start time. In such cases, the cancellation fee is 50% of the agreed model fee.

4. Cancellation of Booking

  1. A firm booking may be cancelled at any time for good cause. Good cause includes, in particular, cases of force majeure and circumstances that make the execution of the assignment unreasonable. The cancellation must be communicated to MNZN Models without delay after becoming aware of the reasons, stating those reasons.

  2. A cancellation for other reasons must be made as many business days before the start of the job as the number of working and travel days booked, but at least 48 hours in advance.

  3. If the cancellation notice is received by MNZN Models by 12:00 noon, that day will be counted towards the cancellation period pursuant to paragraph 2. Saturday and Sunday are not considered business days. German time applies.

  4. Cancellations for daily and hourly bookings may be made up to 24 hours before the start of the job.

  5. If the model cancels a job after booking, MNZN Models will make every effort, if necessary by involving other agencies, to find an adequate replacement for the client.

  6. If a cancellation is not made in time in accordance with the above provisions or without good cause, the agreed fee pursuant to § 2 must be paid. Any travel expenses incurred must be reimbursed in full, even in the event of timely cancellation under the above provisions.

  7. For cancellations made less than 24 hours before the agreed start time, or in case of a no-show by the client, 100% of the agreed model fee shall be payable.

5. Working Hours of the Model

  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 model’s work will be performed between 9:00 a.m. and 6:00 p.m., with a one-hour lunch break for full-day bookings.

  2. Working time begins when the model arrives at the agreed workplace at the client’s premises at the agreed time. Preparations such as make-up and hairstyling are included in the working time.

  3. Overtime is compensated at 15% of the agreed daily fee per commenced hour. An extension of up to 30 minutes is generally not charged as a gesture of goodwill.

  4. Joint travel by model and client between hotel/airport and workplace counts as working time. Combined travel time of up to one hour per day (to and from) is generally not charged as a gesture of goodwill.

6. Model Fees

  1. The model’s fee consists of their remuneration, payment for usage rights, and any applicable VAT.

  2. In the absence of other information from the client, MNZN Models assumes when determining the booking and the price that the work involves photographing or presenting clothing and/or fashion-related accessories such as lingerie, jewelry, stockings, shoes, hairstyles, glasses, etc., designed in connection with fashion (fashion rate). The offered or agreed fee refers to this category.

  3. If, instead, the assignment concerns lingerie, daywear, nude work, consumer goods advertising, advertising using images at the fashion rate, or commercials, then—unless expressly agreed otherwise and without prejudice to further rights—a surcharge will be applied to the agreed fee: 100% for nude work and 50% for lingerie or daywear. In all other cases, the remuneration payable is determined by the scope of usage.

  4. Unless otherwise agreed, every booking by a client is considered a full-day booking. If it is in fact a half-day or hourly booking, the fee for models residing at the place of work is at least 50% of the daily rate. For models not residing at the place of work, the fee is 100% of the daily rate.

  5. Any buyouts must be negotiated separately and remunerated in addition to the model fee. Buyouts are determined by medium (print, online, social media, out-of-home, TV, commercials), territory (national, European, worldwide), and duration (up to one year, multi-year, unlimited). Any use beyond the agreed scope requires prior written approval from MNZN Models and is subject to additional remuneration in line with industry standards.

7. Travel Expenses and Allowances

  1. The client shall reimburse the model for travel to and from the place of work if it takes place wholly or partly during the model’s usual working hours (see § 5 para. 1 above). Travel day compensation is as follows:
    1.1  For assignments of up to 2 working days: ½ daily fee
    1.2 For assignments of more than 2 working days: no travel day compensation, unless the arrival or departure takes up an entire working day.

  2. Overnight and meal expenses are not charged for models residing at the place of work or for those who have not traveled. Taxi costs are reimbursed in full for half-day and hourly bookings, otherwise only from the city limits. For joint travel, the client covers the travel, meal, and accommodation costs from the departure airport/train station of the model. Reimbursement is made either as a flat rate according to statutory tax guidelines per working day or upon presentation of receipts. If the model works for several clients at the same location, the incurred costs are to be allocated proportionally to the respective working days.

  3. For flights exceeding four hours, the client shall provide business class tickets. Accommodation must be in hotels of at least four-star standard. Any deviations must be agreed with MNZN Models in writing prior to booking.

8. Fee Payment and Terms of Payment

  1. The entitlement to the model’s fee arises upon completion of the assignment. Payments are due upon receipt of the invoice, in euros, without any deductions, no later than 14 days after invoicing.

  2. Travel expenses are to be paid in local currency or in euros at the official exchange rate, at the discretion of MNZN Models.

  3. In case of late payment, MNZN Models reserves the right to charge default interest at 9 percentage points above the applicable base interest rate as well as a flat reminder fee of EUR 40 in accordance with § 288 BGB.

9. Service Disruptions

  1. The client is obliged to inform MNZN Models immediately in the event of service disruptions or problems, providing all information necessary for assessment and resolution. Where possible, photographic documentation should be provided. The model is not responsible for hairstyling, styling, or make-up. In the event of service disruptions attributable to the model that make execution of the assignment impossible, the entitlement to the fee and reimbursement of travel expenses lapses. If the client nevertheless proceeds to take photographs of the model, this constitutes a waiver of any claims or rights arising from the service disruption.

  2. In the event of a delay caused by the model (oversleeping, missed flight, etc.), the model must work correspondingly longer. If this is not possible or only partially possible due to special circumstances, the model loses the proportional entitlement to the daily fee based on the overtime rate.

  3. For high-risk shoots, the client must take out appropriate insurance for the model. If MNZN Models was not expressly informed of the risk at the time of booking, the model is entitled to refuse performance and will receive a cancellation fee of 70% of the agreed total fee.

  4. The client is responsible for providing a safe working environment. Unsafe locations, harassment, unreasonable conditions, or endangerment entitle the model to refuse performance without losing the entitlement to the agreed fee.

  5. Further claims are subject to the general statutory provisions. Liability of the model and MNZN Models, regardless of the legal basis, is limited to twice the total fee. This does not apply in cases of intent or gross negligence. Liability for indirect damages, consequential damages, or lost profits is excluded to the extent permitted by law.

10. Granting of Rights

  1. Unless otherwise agreed, only the respective contractual partner/client is granted 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 solely for the agreed purpose of use, the agreed product, and 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, including but not limited to posters, billboards, internet, social media, 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 images is only permitted with express written consent specifying the intended purpose of use.

  3. All rights to images, reproductions, edits, etc., are transferred to the client only after full payment of the fee, buyouts, agency commission, and all related costs. Any use prior to full payment of the agreed remuneration is prohibited. The transfer of rights is granted solely to the extent necessary for fulfilling the aforementioned purpose.

11. Miscellaneous Provisions

  1. The contractual relationship between the parties (client, MNZN Models, and model) is governed exclusively by German law. The place of performance for all rights and obligations arising from the contract, including usage rights, is the registered office of MNZN Models.

  2. The client 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 instructing models directly to agree to booking changes or additions.

  3. In the case of assignments involving models under the age of 18, the client is fully responsible for compliance with youth protection regulations and all applicable statutory requirements.

  4. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the agreement that most closely reflects the intended purpose shall apply. The same applies to the filling of contractual gaps.

  5. For merchants, legal entities under public law, and clients without a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of MNZN Models.

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