IN MODELS® is a registered EU trademark of Inscript GmbH. IN MODELS® is named as agent in the interests of simplicity.
1. Scope of application
1.1 The following terms and conditions apply to the brokerage of modelling services and the brokered modelling services themselves. These terms and conditions will also apply to future transactions.
1.2 Any conflicting terms and conditions, including without limitation the Customer's terms and conditions of purchase, do not apply. IN MODELS® is not required to specifically object to any such conflicting conditions.
1.3 The Customer’s order or use of modelling services will in any case be deemed to be an acceptance of these terms and conditions.
2. Offers, conclusion of contract, contracting party
2.1 Offers by IN MODELS® are non-binding. A contract is only concluded when IN MODELS® confirms the booking.
2.2 With the exception of its brokerage commission, IN MODELS® is not acting in its own name, but in the name of the Model whose services are obtained and booked by the Customer. IN MODELS® is authorised to conclude a contract for the agreed modelling services in the name of the Model. The agreed modelling services will be specified in the booking confirmation. The booked Model is the Customer's contractual partner for the order.
2.3 IN MODELS® agrees its brokerage commission in its own name.
2.4 The Customer is the person who books the modelling services with IN MODELS®, unless the booking confirmation expressly states otherwise.
3. Fee, brokerage commission and due date
3.1 The fee for the modelling services (the "Fee"), any additional remuneration agreed for usage rights (the "Remuneration"), and the brokerage commission will be specified in the booking confirmation. Unless a fee has been expressly agreed for usage rights, these will be covered by the Fee.
3.2 The Fee, the brokerage commission and any additional Remuneration agreed for usage rights must be paid solely to IN MODELS®. This also applies to any subsequent bookings of the same Model, for as long as IN MODELS® represents the Model. IN MODELS® is entitled to collect the Fee and the Remuneration in the Model’s name.
3.3 The Customer undertakes not to book the Model directly, by circumventing IN MODELS®,
for as long as IN MODELS® represents the Model. For each individual breach of this obligation, the Customer will immediately pay
IN MODELS® a contractual penalty equal to the aggregate of the Fee paid to the Model, the commission attributable to such fee, and the Remuneration, subject to a minimum of EUR 1,000.
3.4 The Customer will provide any items required for the modelling services, including without limitation clothing, shoes, make-up and equipment, and any other necessary services, including without limitation the photographer, make-up artist and stylist. They will not be covered by the contract unless this is expressly agreed separately.
3.5 Unless the booking confirmation or these General Terms and Conditions state otherwise, the Customer will pay any sums which are due within three weeks of the invoice date. If the Customer defaults in payment, it will owe business interest.
3.6 The Customer may not offset any claims against the Model against any rights which IN MODELS® may have.
4. Bookings, working time and cancellations
4.1 The contract for the modelling services will be directly between the Customer and the Model. IN MODELS® only acts as agent.
4.2 The booking confirmation will state the content of the contract.
4.3 Unless expressly agreed otherwise, bookings are always daily bookings. In the case of daily bookings, the Model’s daily working time will be eight hours and will last, unless expressly agreed otherwise, from 9 am to 6 pm with a one-hour lunch break to be taken between 12 noon and 2 pm.
4.4 In the case of half-daily bookings, the Model’s working time will be four hours between 9 am and 6 pm. The booking confirmation will specify the exact working time, as for hourly bookings.
4.5 The working time will begin when the Model arrives at the place (the "Location") and time agreed with the Customer. If the Model travels to the Location together with the Customer, the travel time will be treated as working time. Preparations such as make-up, styling or dressing always count towards the working time.
4.6 The Customer must ensure that the Model is adequately and appropriately fed during the working time.
4.7 If the booked working time is exceeded, a fee equal to the hourly rate plus a 15% surcharge will be payable for each additional started hour. In the case of hourly bookings, the hourly rate will be specified in the booking confirmation. In the case of daily or half-daily bookings, it will be one eighth (for daily bookings) or one quarter (for half-daily bookings) of the agreed fee.
4.8 Travel expenses (costs for travelling to and from the Location, accommodation and meals outside the working time) will be charged in addition to the Fee if the Model has to travel because he or she does not live near the Location or is coming from another booking.
4.9 If no separate travel costs are stated in the relevant booking confirmation, the travel costs will be charged as a lump sum according to daily rates:
For orders of up to two consecutive daily bookings: one daily fee
For orders of up to four consecutive daily bookings: half the daily fee
For bookings with five or more consecutive daily bookings, no travel expenses will be charged, unless the total time required for travel to and from the Location is more than eight hours. In that case, half of the daily fee will be charged.
4.10 Costs for overnight accommodation and meals outside working time will be reimbursed by the Customer against receipt.
4.11 Weather-dependent bookings ("Weather Bookings") must be agreed as such. Unless otherwise agreed, Weather Bookings are always dependent on fair weather. The Customer may cancel such bookings up to 24 hours before the agreed start of work if the weather conditions are not satisfied or are uncertain.
4.12 Bookings for nude photographs, or for photographs which pose risks to the Model’s physical safety or health, must be expressly agreed in advance, failing which the Model will be entitled to refuse to perform the modelling services. In the case of high-risk photography, the Customer must take out insurance that adequately covers the risks faced by the Model.
4.13 Both the Customer and the Model are entitled to cancel bookings in accordance with these terms and conditions. If the Customer cancels a booking without good cause, this does not release it from its payment obligations.
4.14 Bookings for two or more days must be cancelled at least 72 hours before the start of work. All other bookings must be cancelled at least 24 hours before the start of work. If there is good cause (e.g. illness, death in the family, accident, etc.), these deadlines may be exceeded.
4.15 If the Model cancels a booking without good cause (e.g. illness, death in the family, accident, etc.), IN MODELS® will do its best to find an equivalent replacement for the Customer, if necessary through other agencies.
5. Warranty
5.1 The Model guarantees and is liable for the modelling services.
5.2 The Model warrants and agrees to provide the agreed modelling services in accordance with the contract and that his or her services are, to the best of his or her knowledge, free from rights of third parties that may prevent the use of those services in accordance with the contract.
5.3 Warranty claims will expire six months after the date of the relevant order. Claims for damages will expire two years after the date of the relevant order.
5.4 The Customer must complain to the Model about any defects as soon as they occur and must promptly inform IN MODELS® in writing, by sending photographic evidence, failing which any claims, including those arising from consequential damages, are excluded.
5.5 The use of modelling services does not permit complaints, except in respect of any defects in usage rights which arise after the start of use. If the Customer uses modelling services despite making a complaint, this will be deemed a waiver of the complaint and all claims relating to it.
5.6 Liability for insignificant negligence is mutually excluded. To the extent permitted by mandatory law, neither IN MODELS® nor the Model will be liable for consequential damages such as loss of profit, loss of turnover or loss of business.
5.7 The Customer must inform IN MODELS® immediately if a Model fails to appear at the agreed time for their modelling services. If it is not just a delay, IN MODELS® will use its best efforts to organise a replacement model. If, due to unforeseen circumstances which are beyond the Model's control (force majeure such as accident or illness, or delays in transport), the Model cannot appear at all or on time for the modelling services, he or she will be released from his or her obligation to perform and will not be liable for this failure.
5.8 The Customer will be liable for any damages which the Model suffers while providing the modelling services and which are culpably caused by the Customer or persons for whom it is responsible (e.g. employees, assistants or guests). The Customer warrants that any services, materials, documents, etc. which it provides will be free of any rights of third parties and will fully indemnify and hold harmless IN MODELS® and the Model against any damages and claims which they may incur in this respect.
6. Usage rights
6.1 The Customer will have exclusive usage rights with respect to the modelling services. Such usage rights will be limited in time to one year, in geographical scope to Austria, and in substance to the agreed intended use. The one-year period will begin when the Customer uses the modelling services, but no later than two months after the modelling services.
6.2 The Customer’s usage rights will be subject to its payment in full of all sums which it owes and will therefore only become effective when such payments have been received in full. The Customer is prohibited from using the modelling services before it has made payment in full.
7. Choice of law, place of jurisdiction or arbitral tribunal
7.1 These terms and conditions and the contractual relations between the Customer and the Model, and between the Customer and IN MODELS®, are subject to substantive Austrian law. The UN Convention on Contracts for the International Sale of Goods does not apply.
7.2 Dornbirn will be the place of jurisdiction for any disputes between the Model or IN MODELS® and any Customer which is domiciled within the EU and/or EFTA.
7.3 The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (Vienna Rules) will have jurisdiction over any disputes between the Model or IN MODELS® and any other Customer. The place of arbitration will be Dornbirn. The language of arbitration will be German. The provisions for an accelerated procedure will apply.
7.4 The Model and/or IN MODELS® may bring a dispute before any other court which has jurisdiction over the Customer, provided that the dispute has not yet been brought before the competent court (under Section 7.2) or arbitral tribunal (under Section 7.3).
8. Miscellaneous provisions
8.1 Any side agreements, and any changes or additions to the contract, must be expressly agreed in writing with IN MODELS® in order to be effective, and email or fax will suffice for this purpose. This also applies to a change to this formal requirement. The Customer undertakes not to agree any side agreements, or any changes or additions to the contract, directly with the Model.
8.2 If any provision of the contract is invalid or unenforceable, the validity and enforceability of the remaining provisions will remain unaffected. The parties to the contract will replace the invalid or unenforceable provision with a valid and enforceable provision which comes closest to the invalid or unenforceable provision economically and in its intention (severability clause).
