Booking conditions
1. General information
1.1 The following booking conditions apply to regulate the legal relationship between the models, the modelling agency Glanz & Gloria Model Management and third party contractual partners, unless otherwise agreed in writing in individual cases. Contractual partner refers to the person who utilises a service from Glanz & Gloria Model Management (booking).
1.2 Glanz & Gloria Model Management is authorised by the respective model to make statements to the contractual partner in their name and on their behalf. Anything else shall only apply if a deviating agreement has been made in individual cases.
1.3 At the request of the contractual partner, Glanz & Gloria Model Management shall confirm the booking of a model with the corresponding details (e.g. start and end of activity, journey, etc.) in writing.
2. Liability
2.1 Glanz und Gloria Model Management assumes no liability arising from the legal relationship between the model and the contractual partner.
2.2 The liability for any legal reason towards Glanz & Gloria Model Management as well as towards the model is limited to twice the agreed total fee. Excluded from this is liability for intent and gross negligence.
2.3 The contractual partner may not offset any claims to which the contractual partner is entitled against the model against the agency commission owed to Glanz & Gloria Model Management. The contractual partner can also not assert a right of retention against Glanz & Gloria Model Management due to the legal relationship between him and the model.
2.4 The contractual partner is obliged to take out separate insurance for the model in the case of high-risk shoots. The contractual partner must inform Glanz & Gloria Model Management at the latest at the time of booking about facts that mean or could mean a risk for the model during the shoot. If the contractual partner fails to expressly communicate this information, the model may refuse to co-operate. In this case, the contractual partner shall be liable for a cancellation fee to be paid by him, which corresponds to 75% of the agreed fee.
3. Brokerage commission
3.1 If a contract is concluded between the contractual partner and the model as a result of the placement by Glanz & Gloria Model Management, a commission of 20% of the agreed fee or the cancellation fee plus VAT shall be charged. Payment must be made in euros.
3.2 The agency commission is due within 20 days. The agency commission must be credited to the account of Glanz & Gloria Model Management by the due date. If this is not the case, the contractual partner is in default of payment.
3.3 If there are subsequent bookings of the Model under contract with Glanz & Gloria Model Management, the contractual partner shall also incur a corresponding agency commission in this case in accordance with § 2 paragraph 2.
3.4 Direct bookings of models under contract with Glanz & Gloria Model Management by the contractual partner are prohibited if they are aimed at circumventing the agency commission.
3.5 Publication of the photos is generally only permitted after receipt of the agency commission. Other arrangements may be made in individual cases.
4. Options and weather bookings
4.1 At the request of the contractual partner, Glanz & Gloria Model Management may book an option (binding reservation). The priority principle applies to options. The option is aimed at a firm booking (binding booking). The option expires at the latest on the second working day at 12.00 noon before the start of the model's activity. If Glanz & Gloria Model Management requests the contractual partner to make a firm booking before the expiry of this period, the option expires on the following working day at 12.00 noon.
4.2 If the contractual partner links a booking to a specific, precisely specified weather situation at the model's location, the contractual partner may cancel the booking up to 1.5 hours before the agreed start of work if the weather does not correspond to the weather specified in the contract or if it is unclear whether it will correspond to the weather. In this case, a cancellation fee of 50% of the agreed fee shall be due.
5. Working hours and overtime pay
5.1 A working day for a model consists of 8 hours, a half working day of 4 hours. Unless otherwise agreed in individual cases, the working day begins at 9.00 a.m. and ends at 6.00 p.m., including a one-hour lunch break.
5.2 Preparation (make-up and styling) counts as regular working time. The joint arrival and departure of the model and contractual partner from the hotel to the place of work also counts as working time.
5.3 If the arrival and departure of the model takes more than one hour, it counts as working time.
5.4 A fee of 12.5 % of the agreed fee shall be payable for each hour of overtime commenced. As a gesture of goodwill, an overtime of 15 minutes will not be charged.
6. Remuneration / fee
6.1 The fee is made up of the model's remuneration and the usage fee plus any VAT incurred.
6.2 A separate fee agreement is always required.
7. Travel costs and expenses
7.1 The model's travel to and from the location will be reimbursed at a flat rate of 30 euro cents per kilometre from a distance of 80 km, provided that actual costs have been incurred. If the travel allowance is exceeded by the actual travelling costs, only the costs for the cheapest route will be reimbursed. In all cases, the model must provide evidence of the costs incurred in the form of receipts, tickets, etc. or provide credible evidence of these costs.
7.2 In the case of 2 working days, the daily travel allowance is 75% of the daily fee. For up to 4 working days, the daily travel allowance is 50% of the daily fee. For more than 4 working days, the daily travel allowance is cancelled.
7.3 In the case of a booking lasting at least one or more days, the model will be reimbursed the taxi costs incurred from the city limits to get to and from the place of work. If the model is resident at the place of work or did not have to travel, no reimbursement will be made.
7.4 Expenses (accommodation and meals) shall be reimbursed at a flat rate in accordance with the standard tax rates. If the model is resident at the place of work or did not have to travel, no reimbursement will be made.
7.5 If the model works for several contractual partners at one location, the costs shall be divided according to the time spent in each case.
7.6 Travelling expenses are generally reimbursed in euros. Other arrangements may be made for assignments abroad.
7.7 Glanz & Gloria Model Management shall invoice the contractual partner for travel costs and expenses in accordance with §§ 1 - 6 after completion of the Model's activity.
8 Cancellation and complaints
8.1 A fixed booking can only be cancelled for good cause. Glanz & Gloria Model Management must be informed immediately of any cancellation.
8.2 Cancellations must be made at least 36 hours before the start of work. In the case of daily and hourly bookings, cancellation must be made 24 hours before the start of work. If the cancellation deadline is not met or if there is no good cause, the agreed fee shall become due.
8.3 Glanz & Gloria Model Management shall make every effort to find a replacement if the cancellation is made by a model.
8.4 Glanz & Gloria Model Management must be informed immediately by the contractual partner if the latter makes a complaint. The contractual partner must explain and justify any complaint. If the contractual partner takes photos with the models despite a declared or undeclared complaint, this shall constitute a waiver of complaint on the part of the contractual partner.
8.5 If the model is late due to her own fault, she must make up the missed working time. If this is not possible or if the contractual partner has a justified interest in refusing to do so, the contractual partner may reduce the daily fee by 12.5 % for each hour of delay or part thereof.
8.6 In all other respects, the statutory provisions shall apply.
9. Rights of use
9.1 The rights of use and publication of the images or recordings shall be granted to the contractual partner for 1 year within the Federal Republic of Germany in accordance with the individual contractual arrangements (purpose of use, form of use, etc.). The one-year period begins with the actual utilisation of the photographs, but no later than 40 days after their creation. Any extension or modification of the use of the images and recordings in their type and manner as well as their publication outside the Federal Republic of Germany must be expressly authorised in writing by Glanz & Gloria Model Management.
9.2 The digital storage of images and recordings is only permitted with the express authorisation of Glanz & Gloria Model Management.
9.3 In all other respects, the statutory provisions shall apply.
10. Final provision and jurisdiction agreement
10.1 German law shall apply between the parties to these booking conditions. German time shall apply. The registered office of the model agency Glanz & Gloria Model Management shall be the place of fulfilment for all obligations arising from the booking conditions.
10.2 Should a provision of these booking conditions be invalid, this shall not affect the validity of the remaining provisions of these booking conditions. Any invalid provision shall be replaced in accordance with the supplementary interpretation of the contract by a provision that comes closest to the objective of the parties.
10.3 The place of jurisdiction for merchants, legal entities under public law, natural persons and legal entities without a general place of jurisdiction in Germany is the registered office of the modelling agency Glanz & Gloria Model Management (Düsseldorf).