General Terms and Conditions of IKON Model Management
1. General terms and conditions
1.1
These general terms and conditions shall apply to all agreements between IKON Model Management, hereinafter referred to as "IKON Models," and a client, hereinafter referred to as "the Client," in which one or more models/persons are used by IKON Models, hereinafter referred to as "the Model," as intermediaries.
2. Rates
2.1
The services provided by IKON Models to the Client shall be charged on an hourly basis (with the exception of overtime, half-day, or full-day rates) and shall be recorded by IKON Models.
2.2
All rates and surcharges include agent commission and exclude VAT.
2.3
The following provisions shall apply unless otherwise agreed to in writing by the Client:
a. Hourly rate
A surcharge of €50 (excluding VAT) shall be added to the agreed hourly rate for bookings of one hour.
b. Half-day rate
A half-day consists of four hours and must end by 13:00 hours or start at 14:00 hours on any day.
c. Full-day rate
Unless expressly agreed upon in writing, the full-day rate shall be charged to the Client, regardless of when the Model is made available to the Client. A working day is considered to be eight hours (excluding commercials).
d. Overtime
For photography day bookings, a maximum of eight working hours shall be charged. For commercial day bookings, a maximum of ten working hours shall be charged. Extra hours will be charged at the standard overtime rate of the Model applicable at that time. Hours and extra hours worked between 00:00 and 08:00 hours shall be charged at twice the hourly rate of the applicable Model.
e. Fittings and rehearsals
For preparation work such as rehearsals and fittings, the first two hours shall be charged at 50% of the agreed hourly rate. For all hours beyond the first two hours, the full agreed hourly rate shall be charged. If no hourly rate has been agreed upon and a half-day or full-day rate has been agreed upon instead, the standard hourly rate of the applicable Model shall be charged.
f. Travel and accommodation expenses
For Models who live or stay in the Netherlands for bookings taking place outside of Amsterdam, the Client shall pay the travel and accommodation costs in full at the second-class rate of the Dutch Railways (Nederlandse Spoorwegen). For Models who live or stay abroad, the Client shall pay the full travel and accommodation costs. This also applies to the travel and accommodation expenses of Models who live or stay in the Netherlands and for bookings abroad. The costs of foreign trips must be paid by the Client in advance.
3. Surcharges
3.1
Surcharge rates are applicable under the following circumstances. IKON Model Management will provide these rates upon the Client's first request:
a. Work conducted between 00:00 hours and 08:00 hours will be charged at twice the standard hourly rate of the Model involved at that time;
b. When the Model appears or is featured in commercials, shows, films, television or video recordings, including posters, displays (whether in shops or not), bus shelters, billboards, the internet, bills, placards, stickers, postcards, boomerang cards, show cards, calendars, labels, packaging, window posters, tram and bus images, and any other use of materials that deviates from the agreed use between IKON Model Management and the client in terms of format or design;
c. When the materials are used in multiple countries;
d. When the material is used across multiple media;
e. When the material is used for more than one design;
f. A 50% surcharge will be applied to work and/or recordings involving swimwear, lingerie, or underwear, calculated for each Model;
g. Taking partially or completely unclothed naked photos of the Model is prohibited, unless the Client and IKON Model Management have reached a prior written agreement. Furthermore, a minimum surcharge of 1 hour at the standard hourly rate of the Model involved at that time will be applied for naked photography. A surcharge of 100% of the agreed rate will also be charged for this;
h. No additional expenses will be charged for casting shots unless it involves 10 or more Models simultaneously. In such cases, a surcharge of €200 will be applicable;
i. For work conducted outside of Amsterdam, travel time will be charged in full hours at 50% of the agreed hourly rate, or if not specified, the standard hourly rate of the Model involved at that time. No travel time will be charged for daily bookings, except for bookings abroad.
3.2
If a surcharge is applicable for a specific period, the Client must pay the full surcharge amount, even if the facility or materials are not used for the entire period.
3.3
The surcharge and its associated period commence with the start of use or the publication date, unless otherwise agreed in writing with IKON Model Management.
4. Unauthorized Use of Materials
4.1
The Client is strictly prohibited from using the materials in any manner other than what has been agreed upon in advance. This prohibition also extends to any use that deviates from the agreed format, design, duration, medium, geographical scope, or any other aspect agreed upon between IKON Model Management and the Client.
4.2
If the Client wishes to use the materials in a manner that differs from the agreed terms, a formal request must be submitted via email to IKON Model Management. Upon receipt of the request, IKON Model Management will promptly evaluate and make a decision. IKON Model Management reserves the right to impose additional conditions, rates, and/or surcharges for granting permission for such deviations.
4.3
In the event that the Client acts in violation of Article 4.1, the Client shall be obligated to pay IKON Model Management a financial penalty equal to three times the rate that would have been charged if IKON Model Management had been duly informed of the intended use. This penalty does not absolve the Client from any liability towards potentially affected third parties.
5. Options and Bookings
5.1
Confirmation of an option as a booking must be made no later than 24 hours before the scheduled start of the booking. Bookings take priority over options, but only after consulting with the party who placed the initial option. The first optant will determine whether they still wish to convert their option into a booking.
5.2
Optants must provide written confirmation to IKON Models no later than two full working days prior to the scheduled booking time. Failure to adhere to this timeframe will result in the automatic expiration of the option without further notice from IKON Models.
5.3
The Client must immediately notify IKON Models in writing of any cancellation of a confirmed booking. If a confirmed booking is canceled within 48 hours prior to the scheduled start of the booking, the Client will be liable to pay IKON Models a cancellation fee of 50% of the agreed rate, in addition to any additional costs incurred by IKON Models due to the cancellation.
5.4
If a confirmed booking is canceled within 24 hours prior to the scheduled start of the booking, the Client will be liable to pay IKON Models a cancellation fee of 100% of the agreed rate, in addition to any additional costs incurred by IKON Models due to the cancellation.
5.5
In the event that the Client fails to show up for a confirmed booking, the Client will be liable to pay IKON Models a cancellation fee of 100% of the agreed rate, in addition to any additional costs incurred by IKON Models due to the no-show.
5.6
If a booking is extended or canceled at the Client's request after the Model has reported for work, the Client will be liable to pay IKON Models the full rate for the hours that the Model was booked, in addition to any additional costs incurred by IKON Models due to the extension or cancellation.
6. Cancellation Charges
6.1
In the event of a Client canceling the assignment prior to the agreed booking time, the following charges based on working days will apply from the moment IKON Model Management receives the cancellation request via email from the email address of the person who made the booking:
a. No charges, except for travel and accommodation expenses, if canceled at least 48 hours before the start of the booking time for Models residing or staying in the Netherlands, or 72 hours before the start of the booking time for Models residing or staying abroad.
b. 50% of the full rate, along with travel expenses and any applicable surcharges, if canceled at least 24 hours before the start of the booking time for Models residing in both the Netherlands and abroad.
c. 100% of the full rate, including travel and accommodation costs and any applicable surcharges, if canceled less than 24 hours before the start of the booking time.
6.2
For bookings spanning multiple days, the cancellation notice period must be equal to or greater than the duration of the booking, with a minimum of two full working days. The cancellation notice period must be entirely completed before the start of the booking. In the event of short-notice cancellations, the Client will be responsible for the full rate, any surcharges, and travel expenses.
7. "Fair Weather" Booking
7.1
If the Client and IKON Model Management have mutually agreed that the booking will be contingent on specific weather conditions, the Client is permitted to cancel such a booking once without incurring any fees or costs. For a second cancellation, the Client will be responsible for half of the rate, and for any subsequent cancellations, regardless of the time elapsed since the previous cancellation, the Client will be responsible for the full rate.
8. Payment
8.1
The Client will receive an invoice from IKON Model for the outstanding amount.
8.2
If the Client fails to provide a complaint with reasons within 8 days of the invoice date, it will be considered that the Client fully agrees with the invoice's contents. In such cases, the Client will no longer have the right to suspend their obligations based on any complaint.
8.3
The Client must transfer the amount owed to IKON Model's bank account no later than 30 days after the invoice date.
8.4
Failure to make payment within the 30-day period will result in the Client owing default interest of 1.5% per month on the principal amount owed, with any partial month calculated as a full month, without the need for further notice of default.
8.5
The Client will only gain the right to use the agreed-upon recordings after payment of the outstanding amounts has been made.
9. Liability
9.1
Except where a mandatory statutory provision or these terms and conditions determine otherwise, IKON Model will not be liable for damages resulting from any cause, unless there is intent or gross negligence that cannot be excluded. This includes direct and indirect damages, consequential loss, lost profits, and other trading losses incurred by the Client, as well as damages arising from the Client's liability towards third parties. The Client bears the burden of proof concerning intent or gross negligence.
9.2
In all cases, IKON Model's liability is limited to the amount covered by its insurance policy.
9.3
IKON Model asserts the right to utilize all legal and contractual defenses available to shield itself from liability towards the Client, including for the benefit of its employees and non-employees for whom IKON Model could be held liable under the law.
9.4
The Client will be held liable towards the Model and/or IKON Model for all direct or indirect damages resulting from an assignment or arising from the non-fulfillment of a provision under the agreement and/or these general terms and conditions.
10. Complaints about the Model / Refusal
10.1
If a Client has a complaint about a Model, IKON Model Management and the Client will engage in consultations regarding the claim. The Client must promptly submit the complaint, providing reasons and supporting evidence whenever possible. Additionally, the Client must promptly refuse the Model or, if applicable, send the Model away.
10.2
The complaint must be submitted in writing (via email or registered mail) to one of the following addresses:
IKON Model Management
Goudsbloemstraat 130-3
JL Amsterdam
The Netherlands
Email: info@ikonmodelmgmt.com
11. Dispute Settlement Rules
11.1
The legal relationship between the Client and IKON Model Management is governed by Dutch law. Any disputes between the parties will be resolved by the competent court in Amsterdam.