Standard Booking Terms and Conditions
Glanz und Gloria Models, part of JD Management GmbH, Klosterstraße 20, 40211 Düsseldorf, Germany. Commercial register no. HRB 66987. VAT no. DE280965942.
1. Parties, Definitions and Scope
These terms govern every booking of a Model made through Glanz und Gloria Models and apply to the exclusion of any conflicting terms of the Client, unless the Agency agrees otherwise in writing.
1.1 Agency means Glanz und Gloria Models, part of JD Management GmbH, Klosterstraße 20, 40211 Düsseldorf, Germany, commercial register no. HRB 66987, VAT no. DE280965942.
1.2 Client means the person or company booking the Model, including any agent, production company or advertising agency acting on its behalf. The Client is jointly liable with any such intermediary.
1.3 Model means the talent represented by the Agency and supplied under a booking.
1.4 Booking means a confirmed engagement of the Model for a Job, as set out in the Booking Confirmation.
1.5 Job means the services, date, call time, location and scope of work described in the Booking Confirmation.
1.6 Usage means the media, territory, duration and exclusivity in which the Client may use the Model's image, as stated in the Booking Confirmation.
1.7 The Agency acts as agent of the Model. The Model is an independent contractor and not an employee of the Client or the Agency, unless mandatory law provides otherwise.
1.8 The Booking Confirmation, these terms and any written variation signed by the Agency form the entire agreement. In a conflict, the Booking Confirmation prevails over these terms.
2. Booking Process, Options and Cancellation
A booking is binding only once the Client has booked the Model and the Agency has issued a written Booking Confirmation via the website or by email.
2.1 Options. An option is a non-binding hold on the Model's availability. Options are ranked in the order received. The Agency may ask the Client to confirm or release an option no later than 24 hours before the Job; if a second Client requests a confirmed booking, the first Client must confirm within 2 hours or the option lapses.
2.2 Booking Confirmation. The Client must state the date, call and wrap times, location, usage, fee and any special requirements (wardrobe, hair, make-up, nudity, travel) in the request. Terms not stated in the booking request are subject to agreement.
2.3 Cancellation by the Client. A confirmed booking may be cancelled only in writing. The following cancellation fees apply to the agreed fee:
| Notice before call time | Cancellation fee |
|---|---|
| More than 48 hours | 50% |
| Less than 48 hours, or no-show | 100% |
| Multi-day jobs: cancellation after the first day | Full fee for all booked days |
The cancellation fees are lump-sum compensation. The Client may prove that the Agency and the Model suffered no loss, or a considerably lower loss.
2.4 Postponement. A postponement of a confirmed booking counts as a cancellation unless the Agency agrees in writing to move it. The Model's availability for the new date is not guaranteed.
2.5 Weather and Client-side cancellation. If the Job is cancelled or shortened due to weather, a delay or a Client-side issue on the day, the full fee for the booked period remains payable.
2.6 Cancellation by the Agency or Model. The Agency may withdraw the Model without liability in cases of illness, accident, bereavement or other serious circumstances beyond the Model's control, and will propose a suitable replacement where possible.
2.7 Late arrival. The Agency is not liable for delays caused by travel disruption or other events beyond its control. Delays by the Client do not shorten the booked period.
3. Fees, Commission, Expenses and Overtime
The Client pays the Model's fee as stated in the Booking Confirmation, plus the Agency's commission and any expenses, taxes and overtime set out below.
3.1 Model fee. The fee covers the booked hours for the Job only. Usage fees and buyouts are charged separately under clause 6 unless the Booking Confirmation states a combined fee.
3.2 Agency commission. The Client pays the Agency a booking fee of 20% of the Model's fee, in addition to that fee. The Agency also deducts its commission of 20% from the Model's fee, as agreed with the Model.
3.3 Booked hours. A standard booking day is 8 hours including a 1 hour unpaid meal break, counted from the call time to wrap. Half-day bookings are up to 4 hours.
3.4 Overtime. Time beyond the booked hours is charged at 1.5 times the hourly rate. Time after 10 p.m. or on Sundays and public holidays is charged at 2 times the hourly rate.
3.5 Travel and accommodation. The Client pays all travel, accommodation, ground transport and per diems for the Model. Travel costs, unless separately defined, are advised in the Booking Confirmation.
3.6 Fittings, tests and rehearsals. Fittings, castings with work content, test shoots and rehearsals are paid at the agreed rate unless the Booking Confirmation says otherwise.
3.7 Expenses. Wardrobe cleaning, make-up, hair, special equipment and similar costs are paid by the Client. The Agency may pass on disbursements at cost.
3.8 Taxes. All fees are stated net. German VAT at the statutory rate is added where due. If the Client must withhold tax, it must tell the Agency before the Job and provide the withholding certificate.
4. Invoicing and Payment
The Client must pay each invoice in full within 30 days of the invoice date, without set-off or deduction.
4.1 Invoicing. The Agency invoices the Client after the Job, or in advance for new clients, long-haul travel or jobs over EUR 10,000. The Agency may require a deposit of up to 50% before the Job.
4.2 Payment to the Agency. The Client pays only to the Agency's bank account stated on the invoice. Payment to the Model directly does not discharge the Client's obligation.
4.3 Late payment. Overdue amounts bear interest at the statutory default rate under § 288 BGB (9 percentage points above the base rate for commercial transactions) from the due date. The Client also pays the reasonable costs of recovery, including the flat fee of EUR 40 under § 288 (5) BGB.
4.4 Suspension of rights. Until all fees are paid in full, the Client may not publish or distribute the Model's images. The Agency may also decline further bookings for the Client.
4.5 Disputes. The Client must raise any invoice query in writing within 14 days of receipt, and must pay the undisputed part on time.
4.6 Currency. Invoices are issued in EUR. The Client bears bank charges and exchange-rate costs.
5. Model Welfare and Working Conditions
The Client must provide a safe, respectful and professional working environment, and the Model may leave any set that is unsafe or abusive without penalty.
5.1 Safety. The Client is responsible for the safety of the set, location, equipment, stunts, animals and transport. The Client must carry adequate public liability insurance and, on request, show proof of cover.
5.2 Breaks and rest. The Model must receive a meal break after no more than 5 hours of work, regular rest breaks, and at least 11 hours of rest between working days. Food, drinking water and a private changing area must be provided.
5.3 Nudity and sensitive content. Nudity, partial nudity, lingerie, swimwear, intimate or sexualised content, and any contact beyond normal posing, require the Model's prior written consent and an express description in the Booking Confirmation. Consent may be withdrawn on the day. Only essential personnel may be present on a closed set.
5.4 Conduct. Harassment, discrimination, unwanted touching, alcohol or drugs pressure and unauthorised photography or filming of the Model are not tolerated. The Client must report and address any complaint immediately.
5.5 Minors. A Model under 18 may be booked only with written consent of a parent or guardian, within the limits of the German Youth Employment Protection Act (JArbSchG) on working hours, night work and school attendance.
5.6 Changes to the Job. The Client may not alter the scope, wardrobe, concept or usage on the day without the Agency's written approval. The Model may decline such changes.
5.7 Hair, body and appearance. The Client may not cut, colour, pierce, tan, tattoo or otherwise permanently alter the Model's appearance without the Model's and the Agency's prior written approval.
5.8 Travel. The Client arranges safe accommodation and transport for the Model, including secure transfers after late wraps. Travel documents and visas required for the Job are arranged and paid for by the Client in coordination with the Agency.
6. Usage Rights, Image Rights and Credits
The Client may use the Model's image only within the media, territory and period stated in the Booking Confirmation, and all other rights remain with the Model.
6.1 Scope of usage. Usage is defined by medium (print, digital, social, broadcast, out-of-home, packaging, in-store), territory, duration and product or campaign. Any use beyond the agreed usage requires approval under clause 6.11.
6.2 Extension. To extend usage in time, territory or media, the Client must obtain the Agency's written consent and pay the additional fee, which will be at least 100% of the original usage fee for each doubling of scope, or as agreed.
6.3 Unauthorised use. Use beyond the agreed scope entitles the Agency to invoice 200% of the usual fee for that use, without prejudice to other remedies.
6.4 Buyouts. A buyout grants usage for the stated media and territory for the stated period. Even a perpetual buyout does not allow use that is defamatory, political, adult, tobacco, alcohol, pharmaceutical or otherwise sensitive unless agreed in advance.
6.5 Editorial and portfolio use. Unless the Booking Confirmation says otherwise, the Model and the Agency may use the final images for the Model's portfolio, website and social media after first publication by the Client, with credit to the Client where known.
6.6 Retouching and manipulation. The Client may retouch images only to a normal professional standard. It may not alter the Model's face or body shape, skin colour or identity in a misleading way, or combine the Model's image with other content that distorts its meaning, without prior written approval.
6.7 Synthetic media and AI. The Client may not use the Model's image, voice or likeness to train, create or generate any AI model, digital double or synthetic content, and may not clone or digitally recreate the Model, without separate written consent and fee.
6.8 Approval. The Model and the Agency have the right to see selects and retouched images before publication where agreed in the Booking Confirmation.
6.9 Credits. The Client will credit the Agency and the Model where customary, in the form agreed.
6.10 Withdrawal. If the Client breaches clause 4 or 6, the Agency may require the Client to cease use of the images and remove them from circulation.
6.11 Buyouts and Usage Rights. Any use of the Model's images, videos or other content beyond the originally agreed purpose, media, territory or usage period requires the prior written approval of Glanz und Gloria Models and may incur additional buyout fees. Unless specifically agreed otherwise, usage is limited to 2 years, in all media, worldwide. Additional buyout fees and usage rights must be agreed in writing before any extended or additional use.
7. Exclusivity, Liability, Data Protection and General Terms
The Agency's liability is limited as set out below, and these terms are governed by German law, with disputes heard in Düsseldorf.
7.1 Exclusivity and conflicts. Exclusivity or category conflicts apply only if stated in the Booking Confirmation and paid for separately. The Agency may place the Model with competing brands where no exclusivity was agreed.
7.2 Direct bookings. The Client may not book or negotiate directly with the Model for 24 months after a booking through the Agency, or for a Job introduced by the Agency, without the Agency. A breach entitles the Agency to its full commission on that work.
7.3 Client's responsibility. The Client is liable for loss, damage or injury to the Model, and for loss of or damage to the Model's property, caused by the Client, its staff, subcontractors or the Job. The Client indemnifies the Agency and the Model against third-party claims arising from the Client's use of the images.
7.4 Agency's limited liability. The Agency is not liable for the Model's acts or omissions, nor for indirect or consequential loss. Its total liability for any Job is limited to the fee it received for that Job, except for intent, gross negligence, injury to life, body or health, breach of essential contractual obligations (limited to foreseeable, typical damage), claims under the Product Liability Act, and any other liability that cannot be excluded by law.
7.5 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including illness, accident, strike, severe weather, travel disruption, epidemic, war or government action. Fees for work already done and expenses already incurred remain payable.
7.6 Confidentiality. Each party must keep confidential the other's commercial terms and non-public information, except as required by law.
7.7 Data protection. The parties will process personal data of the Model and the Client in line with applicable data protection law, including the GDPR and the German Federal Data Protection Act (BDSG). The Client may use the Model's personal data only for the Job, and must not share it with third parties without legal basis. Details are in the Agency's privacy notice.
7.8 Anti-bribery and sanctions. The Client confirms it complies with applicable anti-bribery, anti-corruption and sanctions law, and that the Job is not for any sanctioned party or purpose.
7.9 Assignment. The Client may not assign its rights or obligations under a booking without the Agency's written consent. The Agency may assign its payment claims.
7.10 Changes and notices. Changes must be in writing and signed or confirmed by email by the Agency. Notices are valid by email to the addresses in the Booking Confirmation.
7.11 Severability. If any provision is invalid or unenforceable, the rest remains in force and the parties will replace it with a valid provision closest to its purpose.
7.12 Governing law and jurisdiction. These terms and every booking are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Client is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the courts of Düsseldorf have exclusive jurisdiction; the Agency may also sue at the Client's seat. If these terms are translated, the German version prevails.
7.13 Acceptance. The Client accepts these terms by confirming a booking, or by taking up the Model's services, whichever comes first.