Advised general conditions - AbamBvma

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Advised general conditions

These general conditions cancel and replace those prior.
1. Applicable Conditions
By the simple act of booking a model, the client accepts the Agency’s conditions and agrees that the Agency ‘s prevail over any conflicting conditions he or she might have.  

2. Mandate
The Agency acts on behalf of the model in negotiating and mediating with all clients in accordance with professional customs and customary rates in this matter. This covers both assignments and the concession of rights for use and reproduction of work featuring the model. The relative fees for model assignments are invoiced by the Agency in its capacity as an independent intermediary on behalf of the model by virtue of the agreed contractual delegation of this responsibility by the model to the Agency. All payment by the client will only be valid if done so through the Agency and thus releases the client vis-à-vis the model.

3. Independent statue and responsibilities
Models are not bound by an employee labour contract and do not pursue payment or work under the authority of the Agency or the client. Under no circumstance will the Agency be held responsible for misdeeds committed by the  model or any other beneficiary of his or her services. This is also the case if, independent of the Agency’s power or will, an assignment cannot take place in the manner desired or on the appropriate date. The Agency will not be held responsible if an assignment must be cancelled or postponed by virtue of the Child Labour Law (M.B. 28.08.92). The client and/or the parents have neither right of action against the Agency nor the right to be compensated for damages arising from judicial cases due to breach of the Child Labour Law. The client expressly acknowledges having informed himself or herself of said law and assumes full responsibility.

4. Booking
a. A booking will only be accepted by the Agency with the client’s agreement to these conditions, at least 24 hours before the beginning of the assignment. Confirmation of the booking will be sent to the client, signed off on by the latter.  
b. All options will be considered cancelled if not confirmed at least 48 hours before the assignment.
c. If the client cancels the booking more than 2 business days before the day of the assignment, a cancellation fee will not be assessed. Otherwise, the Agency will charge 50% of the sum that would have been charged for the assignment.
d. Cancellations due to bad weather cannot be accepted for models travelling from abroad, outside of a Category, or booked by an intermediary of a foreign agency.
e. Saturdays, Sundays and Belgian legal holidays are not counted in the period prior to a cancellation ; only business days are counted.

5. Claims
a. The client agrees to responsibility for performances and shoots completely and will legibly sign the model’s "voucher" at the end of each assignment. No dispute can be taken following the signing of the "voucher".  
b.  All claims concerning the model must be transmitted to the Agency by fax or by telegram (in the absence of telephoning) in within the first hour after the assignment.
c. The client who chooses a model represented by a foreign agency or a model outside of a Category assumes the risks and perils with no recourse against the Agency.
d. Invoices issued by the Agency are without exception assumed to be accepted by the recipient if the recipient fails to contest the invoice by registered mail within 10 days after the date on the invoice.  

6. Exclusivity
a. A price is suitable for the Agency when the use of the image excludes the possibility of any use by or for another business or company. This particular clause must be the object of an expressed and specific contract with the Agency.
b. It is the responsibility of the client to verify the booking if the model’s image has already been used by or for another company.

7. The non-performance exception
Non-performance by a client of obligations stemming from an order releases the model and the Agency from their contractual obligations.

8. Payment, appearances and the concession of rights
a. Rates for appearances of images/performances and rights for reproduction and use are defined by the Agency and, except in the case of expressed derogation by the Agency, cannot be dismissed in favour of the "suggested rates indicated by ABAM" (the Belgian Association of Model Agencys). These rates do not include VAT (which must be added to the total) and are charged with the client’s knowledge and are in keeping with the customs of the profession.   
b. Concessions for the rights of use of an image are always restrictive in interpretation, notably as to the existence and length of the concession, the base and the extent of the authorised use and the beneficiary of the concession. The right to an image of the model cannot purely and simply be ceded to the client.
c. The media plan must be communicated by the client to the Agency before the final booking in order to calculate the rights. The client will request authorisation from the Agency prior to any use of an image on a specified base.
d.  Concessions of rights that are the object of an invoice can only be used by the client indicated on the invoice.
e. If there are several clients for on shooting session, the rate will be charged to each client starting at the first hour.
f.  As a rule, the length of a concession of rights to an image for a determined base shall not exceed a year. On expiration of that year, all concession of rights of reproduction authorised by the Agency to the client will be calculated at a 10% increase over  the initial invoice(s). For following years, an annual increase of 10% of the preceding year’s total will be charged.
g. All use and reproduction of images by unauthorised third parties, notably image banks or unauthorised internet servers, is strictly forbidden.
h. Invoice fees go up t
Belgium: €2.50
Foreign:  €7.50
i.   Pricelists, order forms and invoicing are all in euros.

9. Unauthorised use
Indemnisation is fixed at 200% of the rights that should have been paid and will be charged at a minimum of €125 per image.

10. Payment outside of the Agency headquarters’ zone
a. In Belgium, the model will be paid a minimum base of 2 hours pay for any work outside the Agency headquarters’ zone.
b. Outside of Belgium, the model will be paid a minimum base of 4 hours’ pay (1/2 day).
c. In addition, the client will be responsible for fees incurred for the model’s travel to and from the assignment and accommodation (the former at a minimum of €.30 per km from Agency headquarters to the location of the shoot). Meals for the model will also be the financial responsibility of the client.
d. Days travelling to the shoot’s location will be charged at 50% of the model’s day rate.
e. The Agency will charge an additional 5O% of the hourly rate for the following: fittings, rehearsals, hairdressing sessions.  
f. The Agency will charge an additional 100% of the minimum half-day rate for nude and semi-nude work.

11. Payment
All invoices are to be paid in full to the agency’s headquarters with no discount. Payment by bill of exchange is unacceptable unless otherwise agreed to beforehand. Acceptance of bills of exchange carry neither derogation nor novation.

12. Payment default
All overdue, unpaid invoices will incur conventional interest at 1% per month from the date of the invoice to the eventual payment. Formal notice will not be required. In addition, damages will be assessed without the requirement of formal notice and without prejudice at 15% of the sum with a minimum of €90.

13. Belgian law will be solely applicable, irrespective of the model’s nationality. Legal disputes will be handled only in Belgian courts. If the litigation must be deferred to cantonal jurisdiction, only the Justice of the Peace of Brussels’ 5th Canton will be called on to preside.
In keeping with the Hague Convention regarding applicable law of intermediary contracts, even in cases involving foreign work and/or payment, both parties have agreed that Belgian law will be applied exclusive of all others.  

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