General conditions Sable Model Management
1.1. Sable Model Management: Sable Model Management, established in Venlo, registered with the Chamber of Commerce under number 80481108
1.2. Assignment: the activities as described in the Agreement, also known as a booking or booking agreement. The assignment is between the client and the model, whereby the model commits to providing some services at an agreed date and time, and to give the client limited-time publication rights;
1.3. Client: the (legal) person who instructs Sable Model Management and / or the model to perform work for the client by Sable Model Management and / or the model;
1.4. Model work: all activities in which the appearance of the model is important, including (but not limited to) walking fashion shows, posing, acting in advertisements;
1.5. Model: a person who performs modeling work as described in Article 1.1, and has concluded a contract with Sable Model Management whereby Sable Model Management can establish agreements between the model and the client for doing modeling work. Sable Model Management is neither a client nor an employer of the models with which Sable Model Management has concluded a contract;
1.6. Agreement: the agreement concluded between Sable Model Management and the Client in connection with the services to be performed by Sable Model Management for the Client, such as the supply of models;
1.7. Option: An option on a model must be confirmed as an order twenty-four (24) hours before the start of any booking. Assignments go for options, but in consultation with the person who placed the first option;
1.8. Parties: the Client and Sable Model Management;
1.9. Daily rate: a day is understood to mean a maximum of eight working hours between the hours of 09:00 and 18:00. Daily bookings for film are a maximum of 10 hours between the hours of 08:00 and 19:00;
1.10. Half Day rate: a half day means a maximum of four working hours between the hours of 09:00 and 13:00 or 13:30 and 18:00;
1.11. Hourly rate: hourly rate refers to a period of 60 minutes.
1.12. Fee: the fee must be determined by the client in advance with Sable Model Management. Fees do not include agency commission and VAT;
1.13. Agreed price: this is understood to be the rate agreed between the client and Sable Model Management that deviates from the applicable rate. Agency fees and VAT will be charged on this;
1.14. Overtime: For bookings between 08:00 and 09:00 and between 18:00 and 24:00, the applicable hourly rate and VAT will be charged per hour and a half. For bookings before 08:00 and after 24:00, the applicable hourly rate and VAT will be charged per hour;
1.15. Mooi Weer Booking: If the Client has explicitly agreed with Sable Model Management that the booking is only valid for a certain weather type, the Client is entitled to cancel such a booking once, without owing a fee or costs. In the event of a second cancellation, the Client owes half the rate. The Client will then owe the entire rate in the event of cancellation, regardless of the time that has elapsed since the previous cancellation;
Where these terms and conditions refer to ‘in writing’, this also includes e-mail.
2.1. These general terms and conditions apply to all offers, other offers and Agreements of Sable Model Management and other legal relationships in which Sable Model Management provides services to the Client and are therefore part of it. Parties can (partially) deviate from these general terms and conditions by agreement.
2.2. The applicability of general (purchasing) conditions used by the Client, by whatever name, is hereby expressly rejected and declared inapplicable.
2.3. Deviations from and additions to these general terms and conditions are only binding after they have been agreed in writing between the Parties and only relate to the Agreement in which they have been made.
2.4. If any provision in these general terms and conditions conflicts with any provision in the Agreement, offer or other offers, the provision included in the Agreement, offer or other offer will apply as regards the contradiction.
2.5. If a provision of the Agreement and / or these general terms and conditions is voided or otherwise not applicable, the other provisions of the Agreement and / or these general terms and conditions will continue to apply.
3.1. Sable Model Management works from an impartial and independent position and based on the expertise of Sable Model Management, its advisers.
3.2. Sable Model Management mediates between client and model, and is neither client nor employer of the models with which it has concluded a contract. Models who perform work for the Client themselves bear liability for their actions with regard to the assignment.
3.3. Sable Model Management has expertise in modeling, including the recruitment, training, supervision and management of models, trends and developments in the fashion world, and maintains a network that is important for the execution of its activities.
3.4. Sable Model Management and its employees vouch for the integrity of its actions, and will act in a professional or relational manner with regard to the Assignment and the Client, guarantee its professional and relational independence, and avoid interests other than those of the Assignment in the Assignment. The Client itself plays a role and undertakes to hold the Client accountable for its actions if it does not behave as the Client is good.
3.5. Client will treat employees and models of Sable Model Management professionally and with care, by complying with the legal regulations, including, but not limited to, 7: 611, 7: 646 and 7: 658 BW, the Working Conditions Act, AWGB and WGB, and refrain from any form of (sexual) intimidation, discrimination, aggression and violence.
3.6. If the client acts contrary to the provisions of Article 3.5, or if the client proceeds to nude photography without explicit and written permission from the director of Sable Model Management, the model reserves the right to immediately terminate the activities of the Assignment and leave the location. Sable Model Management reserves the right to immediately dissolve the Agreement in this case in accordance with article 12 of these general terms and conditions and to take appropriate measures.
3.7. Sable Model Management undertakes to use its knowledge and experience to the best of its knowledge and ability for the execution of the Assignment.
3.8. Third parties will only be involved in the execution of the Assignment in consultation and in agreement with the Client.
3.9. In the event that the execution of a possible Assignment may conflict with the interests of an existing Client, Sable Model Management will report this to the parties involved.
3.10. If there is a conflict of interest, Sable Model Management will only respond to the request to execute an Assignment if acceptable agreements have been made in this regard for all Parties involved.
3.11. The Client is sincere and careful in departing from information that is required, both solicited and unsolicited, in order to carry out the Assignment properly and efficiently.
3.12. The Client acts as a reliable partner by fulfilling agreements on time and in completeness, including paying invoices.
4. Offers & other offers
4.1. An offer and / or any other offer from Sable Model Management is without obligation, unless explicitly stated otherwise.
4.2. Obvious mistakes, mistakes or obvious errors in an offer and / or any other offer are not binding on Sable Model Management.
4.3. An offer and / or any other offer does not automatically apply to future assignments.
5. Timely notification of imminent breach of contract
5.1. If exceeding the agreed fee becomes plausible before the start of the assignment, the client will notify Sable Model Management in good time so that an additional offer can be made.
5.2. The standard hourly rate (see article 1.11) will be charged for any exceeding of the number of agreed hours, unless these hours fall under the definition of article 1.12, overtime. In that case, different rates apply.
6.1. Sable Model Management will observe due care and confidentiality towards third parties not involved in the execution of the Assignment of all confidential data or competition-sensitive information of the Client that it has come to know within the context of the Assignment, unless Sable Model Management there is a legal or professional obligation to disclose, Sable Model Management must defend itself in a disciplinary court, the Client has released Sable Model Management from the obligation of confidentiality, or the information has been obtained from public sources. Sable Model Management must take all necessary precautions within the framework of the Assignment to protect the interests of the Client.
6.2. Without the permission of Sable Model Management, the Client may not disclose to third parties the approach, working method, content of advice or opinions of Sable Model Management and its employees, nor make its reports or other written or non-written material available. or otherwise make it public, unless the Client has a legal or professional obligation to make it public.
7. Intellectual property
7.1. Sable Model Management retains all intellectual property rights, including, but not limited to, copyrights, trademark rights and industrial rights, on its offers, designs, images, visual material, advice, production and delivery methods, sample material, calculations, etc., unless expressly stated otherwise in writing. made an agreement. Insofar as not expressly and unambiguously permitted by Sable Model Management or by law, no data or data arising from the aforementioned rights may be used, disclosed, reproduced / copied or otherwise made available to third parties in any way.
7.2. The Client is not permitted to remove or change any indication regarding copyrights, brands, trade name or other intellectual or industrial property rights of Sable Model Management or its suppliers of goods and / or material of the goods.
7.3. If the Client acts in contravention of the provisions of the first and second paragraphs of this article, the Client will owe Sable Model Management a fine of EUR 25,000 (twenty-five thousand euros) per violation, without prejudice to Sable Model Management’s right to compensation on under the law.
7.4. Without prejudice to liability towards Sable Model Management for damage caused by any acts or omissions contrary to the provisions of the first and second paragraphs of this article, the Client is obliged of those, whether or not temporarily and in any way whatsoever, use is made in the performance of the obligations imposed on [him / her] under the Agreement, with regard to the rights and obligations as stipulated in article 1 and 2 of this article to stipulate that the person referred to in this article accepts obligations such as his and will impose (each time) on third parties by way of a chain clause.
8. Execution of the Assignment
8.1. By accepting the Assignment, Sable Model Management has a best effort obligation with regard to making agreements between the model and the client. The execution of the assignment is done to the best insight and ability of the model and it will execute the assignment in accordance with the requirements of good workmanship.
8.2. The applicability of Articles 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
8.3. Sable Model Management performs the work under the Agreement at its own discretion and is also entitled to have certain work performed by a third party to be designated by it.
8.4. If, after acceptance of the original Assignment, changes take place in the approach, working method or scope of the Assignment, this may lead to an extension and / or change of the agreed budgeted costs, deployment of employees and the schedule. All this only if agreement has been reached with Sable Model Management. See also article 5.1. concerning exceeding contract.
8.5. If the client wishes to have an exclusive right to a model, binding agreements must be made with Sable Model Management prior to the assignment. In this case, other rates will be applied.
9. Promotional Activities
9.1. Sable Model Management has the right to use the name of the Client and a brief business description of the Assignment for promotional activities.
10. Force majeure
10.1. Force majeure in these terms and conditions means: those circumstances that Sable Model Management could not expect to occur and / or on which Sable Model Management cannot or has not had any influence. These circumstances include, but are not limited to: illness or other personal circumstances of the model, acts of war, fire, loss of materials to be processed, strikes or work stoppages, unforeseen shortages of raw materials and import or trade restrictions. This also includes stagnation at (suppliers) or other third parties on which Sable Model Management is dependent for the execution of the Agreement if and insofar as these circumstances make compliance with the Agreement impossible or unreasonably difficult.
10.2. If Sable Model Management will be unable to perform the Agreement as a result of force majeure, Sable Model Management reserves the right to extend the Delivery Time by the duration of the force majeure and the duration of the period that may be required to start up. .
10.3. If fulfillment of the Agreement by Sable Model Management is permanently impossible as a result of force majeure or lasts longer than a week, both Parties are entitled to dissolve the Agreement without there being an obligation to pay any compensation in that case.
11. Premature termination of the Agreement
11.1. Both Parties can terminate the Agreement at any time in writing and stating reasons, subject to a notice period in accordance with Article 8, unless Parties have agreed otherwise.
11.2. If the Client terminates the Agreement prematurely, Sable Model Management is entitled to compensation because of the occupancy loss that can be made plausible and which can be made plausible. , unless there are facts and circumstances underlying the cancellation that can reasonably be attributed to Sable Model Management. The provisional results of the work performed so far will be made available to the Client after compensation.
11.3. Within 2 weeks after making the written notification, both Parties will consult with each other to discuss the motives and the consequences of the termination.
11.4. In the event that one of the Parties becomes bankrupt, applies for a moratorium or ceases to operate, the other party has the right to prematurely terminate the Agreement without observing a notice period.
11.5. In the event of premature termination by Sable Model Management, an effort obligation will arise for him to cooperate in the transfer of the work still to be performed.
11.6. Sable Model Management reserves the right to payment for work performed up to that time.
12. Suspension and dissolution of the Agreement
12.1. If the Client does not, not timely or properly fulfill its obligations under the Agreement and / or these general terms and conditions, Sable Model Management has the right to suspend or dissolve the Agreement in whole or in part. Such dissolution is effected by means of a written or oral notification to that effect. Except in the event that a term for fulfillment has been agreed, the Client will first be notified in writing and with reasons, and a period for compliance will be given, before the Agreement is dissolved by Sable Model Management.
12.2. Without prejudice to the provisions of the first paragraph, as well as the other provisions of these general terms and conditions, Sable Model Management has the right to dissolve the Agreement in writing, in whole or in part, by means of a notice to that effect, without any notice of default or judicial intervention is required if the Client was requested to furnish security to guarantee the fulfillment of its obligations under the Agreement when the Agreement was concluded and / or the Client was requested to make an advance payment and the Client fails to provide security. provides whether the security provided is in the opinion of Sable Model Management insufficient and / or Sable Model Management has not received (sufficient) advance payment from the Client.
12.3. Sable Model Management is also authorized to dissolve the Agreement if circumstances arise that are such that fulfillment of the Agreement is impossible and / or if circumstances occur that are such that unaltered maintenance of the Agreement does not reasonably affect Sable Model. Management can be required.
12.4. Without prejudice to the provisions of this article, as well as the other provisions of these general terms and conditions, Sable Model Management has the right to dissolve the Agreement in writing, in whole or in part, by means of a notification to that effect, without notice of default or judicial intervention being required. is required if:
a. The Client loses or threatens to lose (free) disposal of its entire assets or a substantial part thereof;
b. a Client has been granted a moratorium;
c. bankruptcy has been granted to a Client;
d. the Natural Persons Debt Rescheduling Act has been declared applicable to the Client or the Client has been placed under guardianship;
e. a customer does not (no longer) have a legally prescribed permit or in any other way does not (no longer) meet the legal or social requirements that are imposed on it;
f. an attachment is levied at the expense of the Client and this attachment has not been lifted within 1 (one) month;
g. The Client sells, terminates or dissolves all or part of its business.
12.5. Without prejudice to the provisions of the first paragraph, as well as the other provisions of these general terms and conditions, the Client has the right to dissolve the Agreement in whole or in part by means of a notification to that effect, in writing, without notice of default or judicial intervention being required. required if:
a. Sable Model Management loses or threatens to lose control of all or a substantial part of its assets;
b. Sable Model Management has been granted a moratorium;
c. Sable Model Management has been declared bankrupt;
d. Sable Model Management terminates or dissolves its activities in whole or in part and as a result is no longer able to fulfill its obligations to the Client.
12.6. The Client is obliged to fully compensate Sable Model Management for the damage that Sable Model Management suffers and will suffer as a result of the dissolution. Damage in this paragraph includes both direct and indirect damage.
12.7. If Sable Model Management proceeds to suspension or dissolution, Sable Model Management is not obliged towards the Client to compensate any damage or costs that may arise in any way.
12.8. If dissolution of the Assignment by Sable Model Management takes place on the basis of this article, all such payments owed by the Client to Sable Model Management will become immediately due and payable in full as a result of this dissolution.
13.1. All fees are in euros, excluding VAT and other government levies, as well as any costs to be incurred under the Agreement, such as travel and other (on) costs, including but not limited to invoices from engaged third parties. The aforementioned costs are for the account of the Client.
13.2. If Sable Model Management agrees a fixed price with the Client, Sable Model Management is entitled to increase this price, without the Client in that case being entitled to dissolve the Agreement for that reason, if the increase in price results from a authority or obligation under the law or regulations or its cause is due to an increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when entering into the Agreement.
13.3. If the price increase, other than as a result of an amendment to the Agreement, exceeds 10%, the Client has the right to cancel the Agreement, provided that this is done in writing within 14 (fourteen) days after receipt of the adjusted price, unless Sable Model Management is still prepared to execute the Agreement on the basis of the originally agreed, the price increase resulting from a power or an obligation resting on Sable Model Management under the law or if it is stipulated that the delivery will be longer than three months after the Agreement. take place.
13.4. A cancellation as stated in the previous paragraph does not entitle the Client to compensation for any damage. In the event that the Client cancels the Agreement, Sable Model Management is entitled to charge the Client for the costs incurred as follows:
a. No costs: cancellation more than 48 hours before the booking of models living in the Netherlands, cancellation more than 72 hours before the booking of models living abroad, unless travel and accommodation costs have been incurred, these costs will be fully charged brought;
b. 50% of the fee agreed in the agreement: cancellation between 48 hours and 24 hours for the booking of models living in the Netherlands, and from 72 hours to 24 hours for the booking of models living abroad, unless travel and accommodation costs have been incurred these costs will be charged in full;
c. 100% of the costs agreed in the agreement if canceled on the date of the booking, or less than 24 hours before the booking.
d. For multi-day bookings, the notice period is as long as the booking. If the term is not adhered to, the full (100%) agreed rate is due.
13.5. 50% of the hour will be charged for fitting and rehearsals. If the fitting or rehearsal lasts longer than two hours, the normal hourly rate will be charged for each exceeding.
13.6. For assignments outside Amsterdam, 50% of the hourly rate will be charged for travel time, calculated from Utrecht Central Station to the destination, for both public transport and other means of transport.
13.7. Travel and accommodation costs of models living abroad will be fully charged to the client by Sable Model Management.
13.8. Nude shots are not permitted, unless express permission has been granted by Sable Model Management and in consultation with the model. Special rates apply in this case.
13.9. In addition to the applicable fees, surcharges are charged for:
a. The use of photos, film or video images for posters, posters, show cards, stickers, displays, billboards, commercials and generally any use that differs in format or design from the use agreed with the Client;
b. Lingerie and / or underwear recordings;
c. Use of images in more than 1 country;
d. Use of images for more than 1 subject;
e. Use of recordings for more than 1 medium;
f. Use for images on the internet in a broad sense.
14. Payment and payment terms
14.1. The Client will pay the invoices issued in euros within 30 (thirty) days after receipt, without deduction or discount.
14.2. The period of 30 (thirty) days is a strict deadline. In the event of late payment, the Client is therefore also in default without notice of default and the full claim for payment is immediately due and payable.
14.3. The claim for full payment is also immediately due and payable if:
a. bankruptcy has been granted to the Client, a petition has been filed for this, the Client has applied for a moratorium or the Client has lost its assets in any other way; or
b. if the Client’s goods or claims are or are about to be seized; or
c. if the Client is dissolved or liquidated as a legal person.
14.4. If third parties are engaged by Sable Model Management to collect debts, the costs incurred in this regard will be fully for the account of the Client.
14.5. If the invoice is not paid on time, Sable Model Management is entitled to charge the statutory interest for commercial transactions on the outstanding amount per month; the interest is calculated from the day on which the claim has become due and payable. All extrajudicial costs will be for the account of the Client and amount to at least € 150.
14.6. The client will only then acquire the right to use the recordings, images and suchlike that arise from the assignment after payment of the amounts owed in this respect has taken place.
15. Liability and Indemnity
15.1. Sable Model Management is not liable for any direct or indirect damage, including trading and consequential damage, that has arisen when the model or models have any agreement, whether or not through the intervention of Sable Model Management between the client and model, fails or fails to comply. This also applies to advice provided, designs provided and other information provided by Sable Model Management, or any damage caused by inadequacy of the services provided, unless the damage is the result of intent or gross negligence on the part of Sable Model Management.
15.2. In addition to the provisions in the first paragraph, Sable Model Management is not liable for damage to the Client or a third party caused by the use and / or processing of the services provided, through advice / designs provided, unless this damage is the result of intent or deliberate recklessness on the part of Sable Model Management.
15.3. Sable Model Management also accepts no liability for any damage to the Client and / or a third party that is the result of the use, processing, damage or loss of services provided by it or advice / designs that have been provided and for which they do not receives consideration.
15.4. Sable Model Management also accepts no liability for damage that arises because the services provided are not applied in accordance with the applicable (legal) regulations and / or European standards. Prior to the conclusion of the Agreement, the Client itself must check whether the services comply with the applicable (legal) regulations and can be applied correctly.
15.5. Only insofar as Sable Model Management has culpably failed to fulfill its obligations under the Agreement and / or these general terms and conditions, Sable Model Management can be held liable for compensation for direct and foreseeable damage caused thereby.
15.6. In all cases, the liability of Sable Model Management is expressly limited to a maximum of the total amount paid by the Client to Sable Model Management under the Agreement, at least the liability of Sable Model Management will be limited to the amount that in that case is paid out under the liability insurance taken out by Sable Model Management. Sable Model Management’s liability therefore does not extend to any further damage, including, but not limited to, loss of profits, loss of profit and damage resulting from third-party claims.
15.7. The Client indemnifies Sable Model Management against any claim by a third party for compensation for damage, which this third party suffers or claims to suffer (partly) as a result of the use or application of services provided by or on behalf of Sable Model Management.
15.8. The Client indemnifies Sable Model Management against all claims by third parties in connection with the execution of the Agreement by Sable Model Management. The indemnity also covers all damage and costs that Sable Model Management suffers or incurs in connection with such a claim.
15.9. The Client indemnifies Sable Model Management against any claim by third parties with regard to (damage as a result of) the use of drawings, calculations, materials, samples, models and other information supplied by or on behalf of the Client.
16. Processing of Personal Data
16.1. Insofar as Personal Data is processed in the context of carrying out the work, this Personal Data will be processed in a proper and careful manner and in accordance with the Personal Data Protection Act and the General Data Protection Regulation.
16.2. Technical and organizational measures will be taken to protect the Personal Data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.
17. Prescription / lapse
17.1. All legal claims against Sable Model Management, including claims for compensation, expire and / or lapse after 1 (one) year counted from the moment the relevant claim has become due and payable.
18.1. If the Client has complaints about the performance of the Assignment, or the application of these general terms and conditions, the Client can submit a complaint to the director of Sable Model Management. Parties undertake to refrain from communicating to anyone other than those directly involved in the dispute in the event of complaints.
18.2. Complaints about the execution of the assignment by the model must be made known immediately before or during the assignment to Sable Model Management and the model. Complaints about the model afterwards may be declared inadmissible.
18.3. A complaint does not suspend the Client’s payment obligations, unless and insofar as the director of Sable Model Management has informed the Client that the complaint is well-founded.
18.4. In the event of a justified complaint, Sable Model Management has the choice between adjusting the invoice amount, improving it free of charge or re-performing the relevant work, or not or no longer executing the Assignment, in whole or in part.
19. Dispute settlement
19.1. All disputes that may arise as a result of the Agreement or of further agreements that may result therefrom will be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute.
19.2. The parties undertake to refrain from communicating to parties other than those directly involved in the dispute in the event of a dispute.
20. Legal disputes
20.1. Legal disputes arising from the application of these general terms and conditions will in the first instance only be brought before the competent court in the district of Venlo.
21. Applicable law
21.1. Dutch law applies to the Agreement and these general terms and conditions.
22. Final provision
22.1. These general terms and conditions have been filed with the Chamber of Commerce under number 80481108