General Terms and Conditions (GTC)
1 General Information
The following General Terms and Conditions (GTC) should regulate the legal relations between model, hostess, makeup-artist, promoter, photographer, artist, in the following called as a contractor, and the respective principal, photographer, advertising agencies called principal as well as Get-Agency obligingly, as far as in particular cases expressly divergent arrangements are not met. These GTC shall protect the expectations and demands of the contractors and principals represented by Get-Agency against specific customary behavior occurring in the operating branch.
2 Terms of Utilisation
(1) By registering, you agree to these GTC and warrant that you are at least 18 years old. Persons under the age of 18 who are at least 16 years old, need a permission signed by their legal guardian. Get-Agency is entitled to demand a proof about the age of the user any time.
(2) All members on the platform “Get-Agency” have registered themselves. They are responsible for all the content and data published and displayed on the platform and their sedcard including a for representation purposes assigned picture. This also includes violation of third-party rights. All members confirm that they are entitled to publish and transfer the works published on the platform of Get-Agency. The respective members stick for possible copyright infringements in right of third by the picture admissions submitted by the members completely themselves. The members are liable themselves for any violation of third-party rights. Claims for damages against Get-Agency resulting from the violation of third-party rights are excluded.
(3) The members agree that their uploaded end entered data will be published on the platform. The user is responsible for the uploaded information. The copyrights and rights of use remain, on this occasion, to the full extent with the members. Deleting the submitted data and the submitted pictures is possible any time.
(4) The members assure the truthfulness of the details given during the registration and of any given personal information, as well as they have to provide a current picture of themselves. By an offence and thereby associated deception of the customer or principal, the fee can be stroked and the order can be cancelled free of charge.
3 Booking Principles
(1) The contractors grant Get-Agency to make and receive all declarations towards the principal in their names. Any person making a reservation for themselves or for a third person and thereby uses the services provided by Get-Agency is considered to be the contracting party/principal as far as in particular cases expressly divergent arrangements are not met.
(2) Get-Agency receives a handling charge for providing its platform. The handling charge is, as far as in particular cases expressly divergent arrangements are not met, 10% of the agreed fee or the failure fee to be paid plus VAT. Any liability of Get-Agency for damages connected to the legal relationship is excluded. The principal is not entitled to add up claims against the contractor with the handling charge of Get-Agency and is further not entitled to assert rights of retention.
(3) The principal owes the handling charge for subsequent reservations, as long as the contractor can be represented from Get-Agency. Direct reservations in avoidance of Get-Agency are inadmissible.
4 Booking Modalities
(1) Firm Bookings
Firm bookings are obliging for both sides. At the principal's request, the agency must confirm them in writing without delay, indicating essential details.
(2) (2) Weather-related Bookings
Weather-related bookings are only permissible at the contractor´s place of residence and must be expressly denoted as such. Unless otherwise agreed these comprise “good-weather reservations”. If the weather conditions are not given or the weather condition is unclear, the customer can cancel the booking 48 hours in advance free of charge, afterwards the failure fee is 50% of the agreed fee.
(1) A firm booking may be cancelled for an important reason. Cause for cancellation shall also be conditions which make the confirmed booking economically unacceptable. Get-Agency has to be informed of the annulment immediately.
(2) Annulment fees
Annulment to 30 days before the appointment: 0% of the fee
Annulment to 24 days before the appointment: 20% of the fee
Annulment to 14 days before the appointment: 50% of the fee
Annulment to 2 days before the appointment: 100% of the fee
(3) Annulment of announced weather booking to 48 hours before the appointment: 0% of the fee, afterwards 50% of the fee.
(4) In case of annulment by the contractor, Get-Agency will try to find an adequate substitute with all their effort.
(5) (5) In case of annulment by the principal, the agreed fee is to be paid in total if there is not an important reason or the annulment is not in time.
6 Working Time
(1) In case of day booking the working time amounts 8-10 hours, in case of half day booking 4 hours. Unless otherwise agreed, the working hours of a day booking last from 9.00 o'clock to 18.00 o'clock including one hour of lunchbreak (Breaks are arranged due to specific agreements).
(2) The working time when the contractor meets the principal at the agreed place of work at the agreed time. Preparations such as make-up and hairdresser shall count as working time if there is any specific makeup or hairstyle to be done at the location of work.
(3) Overtime shall be compensated with 20% of the agreed day fee per started hour. An excess of the working hours up to 30 minutes will not be accounted.
The fee encloses the agreed salary, social security contributions, taxes, assurances, the remuneration for rights of use and the specific vat. The fee including failure fee, substitution for days of travel and travel expenses is to be paid net upon receipt of the invoice. Travel expenses have to be paid in national currency or in Euro (buying rate), the remaining payments have to be paid in Euro.
(1) Intermediary on jobs
The Get-Agency pays for every successfully concluded order a commission of 1% of the order volume to the intermediary who has provided the order.
(2) Intermediary on model / hostess / makeup artist/ photographer / artist
The Get agency pays for every successfully concluded order a commission of 1% of the order volume to the Intermediary who provided the model / hostess / photographer / artist / makeup Artist.
9 Complaints, Liability
(1) In the event of complaints, the client must inform the agency immediately and state the grounds for the complaint. The model must then be expressly released from the obligation to work. The contractor shall not be responsible for hairstyling, styling and make-up. Proven client complaints shall revoke any obligation to pay for this model, including travel expenses. If the cooperation is continued, the principal shall be considered as having waived all rights to complaint.
(2) If the model should be to blame for arriving late (due to oversleeping, missing a flight, etc.), the model shall accordingly be obliged to work longer. If, owing to specific circumstances, this should prove to be partially or entirely impossible, then the model shall lose the proportionate claim to a daily fee.
(3) For particularly hazardous works the principal has to take out an appropriate insurance policy for the contractor. If the agency was not expressly informed of the hazard at the time of booking, the model shall be entitled to refuse performance and shall receive a cancellation fee in the amount of 80 % of the entire fee which was agreed.
(4) Further claims shall be subject to general statutory regulations. The model's liability as well as that of the agency, on any legal grounds whatever, shall be restricted to the amount of the total fee, except in cases of gross negligence and wrongful intent.
10 Rights of Use
(1) Unless otherwise agreed, paying the agreed fee shall give the principal exclusively all rights of use to the photographs. The rights of use are not limited in temporary or local aspects or connected to a specific type of media.
(2) At the request of the contractor, the principal shall provide the gathered media/footage for the contractor. The contractor is allowed to use the provided media/footage for self-advertisement in all media free of charge. The principal may contradict without any reason if the usage violates his own interests.
(3) Rights of use shall not be granted until the agreed buyout has been paid. Any utilization before the agreed amount has been fully paid shall be prohibited.
(1) Rights of Use Get-Agency
Get-Agency may use material provided by the contractor as well as the admissions resulted within the scope of mediation free of charge for the purpose of the self-advertising of the contractor and Get-Agency (usage in particular for sedcard and homepage).
(2) Assurances and taxes
The contractor commits himself to be responsible for all necessary assurances concerning his activity and to conclude the assurances independently as well as to take over the specific costs. Unless otherwise agreed, the contractor works as a self-employed person (freelancer) and is responsible himself to pay taxes. Get-Agency is not responsible for tax matters of the contractor.
(3) Partner agencies
Get-Agency may provide the contractor to partner agencies at home and abroad. Get-Agency operates therefore as mother agency of the contractor.
The contractual parties are mutually obliged to poach directly or indirectly in booking involved people neither for themselves nor for third. In particular the employment or the claim of services of people provided by get agency may only occur in mutual, written consent. This is valid as long as the contractors are represented by Get-Agency plus an additional term of 12 months. In case of violation of the preceding regulation the defaulting party commits itself to pay immediate compensation of double the amount of the commission, but at least 5.000 Euros.
Get-Agency does not guarantee a certain result of her achievements and the achievements of the provided people. We do not verify the accuracy or truth of any information published by members. In particular Get-Agency is not liable for losses, loss of profit, loss of savings, economic loss due to third party claims or other consequential damages. Furthermore, Get-Agency is not liable for damages resulting from being hindered in the contemporary and proper fulfillment of the contract due to reasons for which Get-Agency is not responsible. Get-Agency is liable for intent and gross negligence concerning the services provided by Get-Agency. Liability is excluded in case of slight negligence. Get-Agency does not assume any compensation for injuries or accidents of the contractor, principal or third parties, as well as for damage or loss of the property of these people.
Get-Agency negotiates with the principal via fee, Buyout and expenditure of time. The contractor is liable for costs of the principal and Get-Agency which are caused by not handing in valid employment papers or being responsible for reasons preventing the contractor from starting or fulfilling the employment. Get-Agency has to be informed of the annulment immediately if a job cannot be accepted for important reason. Last-minute cancellations due to illness have to be proven by a medical certificate. The agreed periods and deadline must be strictly met. In case of delay of the contractor, the principal is allowed to shorten the fee and reserves himself the right to charge the contractor any costs which have originated from the fault of the contractor. This is also valid for the missed commission of Get-Agency. The contractor has to appear recovered and maintained. The appointment is finished in consultation with the principal. Accepted orders are to fulfil as long as this is reasonable for the contractor. The contractor may not talk about or negotiate financial or other details concerning the employment and the contractor´s behavior always has to be suitable to the job. It is not allowed to sign waivers at the place of performance. Get-Agency must be informed immediately if any questions or problems occur during the period of employment. Get-Agency has to be informed about duration and course of the employment and in case of fashion productions about the amount of settings at least 24 hours after the event.
(7) Services provided by Get-Agency
Get-Agency offers a platform for booking and accounting for contractors and principals. The services of Get-Agency include the supply of the platform as well as the booking and accounting system.
Should no objection occur within 3 working days after the successful fulfillment of the order of the principal, the fee is transferred to the contractor. The contractor is valued by the principal. Should the contractor receive several times a negative assessment, or injure one or several regulations of the general terms of business referred to the contract, Get-Agency is entitled to extinguish the profile of the contractor.
In case of any personal changes, Get-Agency has to be informed immediately. This is valid in particular for changes of residence, changes of personal contact information as well as optical changes. Contractors changing their appearance radically, for example due to a new haircut, cannot be arranged any more with the outdated photo material. In case of a planned radical change, it is necessary to consult the Get-Agency.
(10) Exclusion, notice
The cooperation will be terminated if our terms of business are not met. After the cooperation between Get-Agency and the contractor has ended, a cooperation between the former principal and the contractor is allowed if the commission scheme is observed. This regulation is valid for a period of one year, beginning with the last day of the cooperation. The cooperation may be terminated any time with observing a period of 4 weeks. The personal data of the contractor are extinguished after the cooperation has ended. A termination without notice can be announced by both sides in case of violation of one or several points of this GTC.
12 Final Regulations
(1) Austrian law shall apply to all parties to these booking conditions, agency, client and model. Place of performance for all obligations arising from the bookings in connection with rights of use shall be the place of business of the agency.
(2) The client shall undertake to make alterations or supplements to the bookings and deviations from these booking conditions only after previous consultation with the agency and shall refrain from enjoining the models to alter or make additions to the bookings during the days of work.
(3) Should individual provisions of these GTC’s or the contract become void or incomplete, the validity of the remaining provisions of the GTC’s or contract shall in no way be affected. As far as provisions do not become part of the contract or are invalid, the content of the contract shall be governed by applicable legal provisions close to the aimed purpose.
(4) If the Client is a merchant who has been entered in the German commercial register, a legal entity under public law or special fund under public law, the exclusive venue is the respective court having jurisdiction over the registered seat of Get-Agency.
(5) These GTC have been translated for your convenience. If there is any discrepancy between this version and the original German version the German version shall apply.
Philosophy of Get-Agency-Promotion-GmbH
We have set ourselves the task of creating a secure billing portal for models, hostesses, promoters, photographers for both agencies and clients.
Only when all sides are satisfied a successful cooperation comes about.
Among other things, we would like to strengthen and enable long-term cooperation between the parties.
All benefits at a glance:
1. Easy booking system:
2. Manage models / hostesses / make-up artists and photographers:
3 Fair evaluation system of models, hostesses and the client:
The job as a model or Hostess can be so multifaceted that the ideas of the clients and the contractor parts are very different. For this reason, we have considered Get Agency Promotion GmbH to record the qualification of the personnel in a point system.
The customer can rate the model / the hostess / make-up artist / photographer:
Similar to Ebay, the customer can evaluate the following points:
If the information on the Sedcard does not match, the customer has to inform the agency within the first working hour and send the contractor home.
The client / client will immediately receive his / her money from the trust account and the contractor is not paid the travel expenses or the salary.
A model / hostess / contractor can evaluate the customer:
The model / hostess / contractor can evaluate the customer / client in the following points:
4. Secure and easy payment through a escrow account as well as a quick payout to the model / host (ess) within a few days:
How often has it happened to you that a model / hostess has not appeared to the job and do you know the reasons for it?
Therefore, the customer pays the fee to a escrow account of the Get-Agency.
The Get-Agency confirms to the model / hostess the payment receipt on the trust account.
If the model / hostess does not appear to the job, the customer will receive the money back.
If the details on the Sedcard are not true, the customer can send the model home within the first working hour and get his money back.
If the model / hostess does not fulfill his / her work according to the contract, the agency has to be notified immediately, the salary is settled according to the number of days / hours and the customer gets back his money pro rata!
Also the customer can rate the model positive or negative
After 5 working days after the end of the job, the model / hostess will be paid the agreed amount on his / her bank account, if there were no complaints within the business day on the part of the customer!
5. Who is satisfied with us, and can recommend us,can earn extra money with us:
Become our scout for jobs, models, hostesses, photographers and makeup artists.
Recommend us - we would like to thank you for a turnover of 1% of the turnover of your recruited business partner.
How? Very easily:
You are Model / Hostess / Modelscout / Jobscout / Photograf and do you know people from your private or business environment who can work for us? And are inspired by our system?
Especially for photographers and friendly agencies:
Generate your business card as a model scout / job scout