Standard contract conditions
This is a translated version of the German AGB (Terms & Conditions). Please note, that only the German version is legally binding according to BGB.
A. GENERAL TERMS
Contractor – person, who has registered on the platform and request or book models for photo and video productions, fashion shows, showroom orders and the like
Provider – the provider of the platform (MMOODDEELL GmbH)
Models – persons, who have registered on the platform as model and have created a model profile on the platform
Model Pool – total of all registered models
Buy-Outs – granting of image rights for a specified time, territory and purpose
MMOODDEELL Fee: fee for the usage of the platform imposed on the contractor; the fee is calculated as % of the model salary
Model Salary – net salary for the model´s performance
MMOODDEELL Commission – commission that will charged by the platform and deducted from the model salary for the platform’s arrangement services, calculated in% of the model salary.
These standard contract conditions govern the contractual relations for the use of the services of MMOODDEELL. They apply to the relations between the platform´s provider (“provider”) and participating models (“model, photo model”) and the contractor of a photo and video production, fashion show, showroom orders and the like (“customer, contractor”).
§2 Subject of the Contract
(1) The provider makes a service available by which photo models may be contacted for the purpose a photo and video production, fashion shows, showroom orders and the like. Participating models may create a profile to present themselves with the opportunity to upload photos and videos of themselves.
(2) The customer may browse the model pool for a suitable models and contact them through the website.
(1) Registrations are made on the website or application of MMOODDEELL.
(2) In general every person (male/female) can register as a model. If the model is underage, the consent of a parent in written form must be submitted. Within the registration process all information marked as required (among others domicile, height, physique, Taxation status, Tax Number and VAT-ID) must be given accurately. Activation of the model´s account is subject to examination by the provider.
(3) Customers/contractors are required to register with their company details and website URL, alternatively with their Instagram account. Activation is subject to examination by the provider.
(4) By registering and completing a profile, the model consents that the indicated information and uploaded pictures are visible to other users and, if not declared otherwise in the privacy settings of the account, to the public.
(5) Every model may register only one account. The login may not be passed on nor may the account be transferred.
(6) Neither of the participating groups shall be entitled to have their accounts activated and to participate. In general the provider does not examine registration information. However he reserves the right to do so in particular cases.
(1) Bookings are made on the provider´s website or application. The booking request is forwarded through the website or application to the model. However, the contract is being concluded by the provider on behalf of the model and the customer.
(2) The contractual relation with regards to the contract concerns the model and the customer/contractor only.
(3) The provider is not liable, if the model does not fulfill the contract or does not do so as agreed.
(4) Cancellations may be made on the basis of exceptional reasons until three days before the agreed date of performance free of charge. In case of illness a doctor´s certificate may be requested. Reception of the cancellation on the third day 12:00 a.m. CET before the agreed date of performance shall be deemed timely. The model may claim compensation for non-refundable travel expenses.
(5) Travel expenses are as follows, if not agreed upon differently:
– Train journey 2. class from the model’s home town to the job location.
– Use of public transportation at the job location.
– Plane ticket for distances that exceed 400km linear distance from the model’s home town to the job location until a price of max. 300 € return.
– Hotel stay until a price of max. 80 € per night (excl. breakfast).
(1) During the booking process the customer chooses among different packages of usage rights regarding image copyrights.
(2) Additional usage require the provider’s consent.
(3) A subsequent renewal of Buy-Out package must be ordered via the provider’s website or application.
§6 Contractor Feedback
(1) After the execution of an order the contractor may leave a feedback on the model´s performance, which can be viewed by all users.
(2) Feedback must be truthful and objective and adhere the law and the model´s individual rights. Any feedback in conflict with this requirement may be deleted by the provider.
§7 Termination of Contract
The user relationship between provider and model or customer may be ended by both parties at any given time with two weeks’ notice. The right to extraordinary termination shall remain unaffected.
(1) The provider is liable according to the statutory provisions, if the model or customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the provider´s representatives or agents. In case of a non-intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage.
(2) The provider is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage. An essential contractual obligation exists when the breach of obligation is related to an obligation in whose fulfillment the customer has trusted and could be expected to trust.
(3) The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(4) Unless stipulated otherwise above, liability is excluded.
§9 Amendments to the standard contract conditions
(1) The provider preserves the right to make amendments to the standard contract conditions.
(2) Amendments enter into effect for the model/contractor, as soon as he/she consents.
Consent is deemed to be given, unless the model/contractor has expressed his/her objection within a month after the he/she has been notified about the amendment. In the notification regarding the amendment the provider informs the model/contractor about the effect of a non-expressed objection.
(3) In case of an amendment the model/contractor may terminate the user relationship with immediate effect.
(4) In case of an objection declared by the model/contractor the provider may terminate the user relationship with immediate effect.
§10 Admissible Orders
Via the provider´s platform only such bookings may be made that adhere the the provider´s guidelines.
The place of fulfilment of all contractual obligations shall be the provider´s registered seat. If the customer is a merchant, a body corporate organised under public law, or a special fund under public law, the courts at the provider´s registered seat shall have jurisdiction.
§12 Applicable Law
German law shall apply to this contract. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
B. SPECIAL PROVISIONS MODELS
§13 Image Copyright
(1) Rights to the images uploaded by the model upon registration and to the images of the model’s Instagram account
(2) The model assures that it has the necessary rights to the images in accordance with § 12 (1).
(3) The model transfers the rights of use of the images in the sense of § 12 (1) to the provider for the following purposes: self-promotion of the provider; advertising of the model by the provider
(4) The transfer of the rights of use to the images shall be unlimited in terms of time and territory, single and non-transferable.
(5) The rights of use include in particular the right to reproduce, distribute and store in part or in part, to make available to the public, including interactive products or services, and to reproduce in printed and electronic form.
(6) The provider is allowed to edit the images in compliance with the model’s personal rights.
§14 Model Obligations
(1) The model guarantees, that the information in his/her profile is correct and up to date. The model alone can be held responsible for the information in his/her profile.
(2) The model alone is responsible for the accurate taxation of his/her revenue.
(3) The model is obliged, not to make to license agreements, particularly renewals of buy outs, by circumventing the platform.
In case of claims brought against the provider for violations of the law or third party rights, the model will indemnify the provider if the violation is based in the model´s conduct or responsibility. Indemnification entails any financial damage, such as compensation, fines, fees and costs for legal proceedings.
§16 Authorisation for Bookings
The conclusion of contracts (booking) is performed by the provider on behalf of and with effect for the model. The model grants the provider the required authority to do so.
§17 Payment, Commissions
(1) The fee includes any travel expenses incurred.
(2) The provider receives a MMOODDEELL commission of 10% of the model fee for the booking via the platform.
(3) The provider collects the fee from the client for the model and pays the model fee minus the MMOODDEELL commission and the commission for the buy-out to the model’s bank account.
(4) By registering on the platform of the provider, the model agrees that the provider withholds the MMOODDEELL commission upon payment of the fee.
C. SPECIAL PROVISIONS CUSTOMER
1) Payment of the fee plus the MMOODDEELL fee in full and, if applicable, the buy-out license fees shall be made on account and shall become due for payment 4 weeks after the order. The MMOODDEELL fee is 10% of the net order value.
(2) By registering on the platform, the client expressly agrees that the provider withholds the MMODDEELL commission of 10% of the model’s liabilities when paying the fee to the model.
(3) The client may not object to objections and defences arising from the legal relationship between the model and the client in the amount of the MMODDEELL commission.
(1) The customer is obliged to reimburse the model for any additional work of the model if the extra work is more than 30 minutes.
(2) The overtime shall be remunerated on a pro-rata basis at 30-minute intervals. A started half hour or part thereof shall be reimbursed as a full half hour.
(3) The calculation of overtime shall be based on a working time of 8 hours for a daily booking and 4 hours for a half-day booking, excluding the necessary breaks in each case.
(4) The overtime will be invoiced with the agreed model salary and will be collected by the provider for the model at the client’s premises and paid to the bank account of the model.
§20 Customer Obligations
(1) The customer/contractor is obliged, not to book models found on the provider´s website or application only through the website or application. He has to refrain from contacting the model in any other way.
(2) Subsequent bookings have to be made through the provider´s website.
§21 Use of customer references
From the time of successful registration, the customer grants the provider the unlimited right to display the customer, including the company logo on the provider’s website, the mobile app, on marketing and advertising materials such as flyers, brochures, exposés, other presentations and within the scope of trade fair appearances as a reference customer.