GENERAL TERMS & CONDITIONS
Direct Vision Fashion & Models provides contractual relationships between the clients and models for photo, film, video and modeling. The following provisions include industry-standard, binding rules on such rules and contractual relationships – without opposite and written arrangements – the obligations and rights of direct vision Fashion & Models (agency), the models and the contractor client.
Fashion Model File
Direct Vision Fashion & Models introduces a model file. Any person may register for a fee of Fr. 50. The Registration includes a data sheet and about 10 – 15 photos. Minors need parent’s signature. The model agrees with the publication of the information on data sheet “Model File” on the Internet. We can provide our commissioner for the purpose of model selection with a CD-ROM that contains photos and information of the individual model. The CD-ROM may not be copied, used or disclosed for other purposes and must be returned. The entry in the file contains no guarantee of jobs. The model is committed not to register to any other agency and not to accept bookings or assignment directly. In case of violation of rules of ,,Exclusivity’’ listed in provision of General Terms & Conditions should apply. The model is required to keep the information of their Data sheet up to date and any changes (e.g. address, appearance, weight, hair color, etc.) must be reported immediately. Direct Vision Fashion & Models decide whether a new Photo Shooting (chargeable) must be done or not. Should any booking contract or assignment between the clients ( photographer ) and model be canceled due to the not up to date data and photos, the rules for non-appearance of the model listed under the ‘’Complaints’’ provision of General Terms and Conditions should apply.
By booking – contract the client or photographer announces the required or the desired assignment . The agreement comes into effect upon confirmation by DirectVision & Fashion Models. For the details of the booking or assignment the provision listed in Booking -contract will prevail.
Models: The client should pay the model fee directly in cash to the model after completion of its assignment or contract. The tariffs information, taxes and fees listed below will apply. Commenced hours are charged at the full hourly rate. Agency: DirectVision Fashion & Models billed to the clients only the placement fee or the referral fee. Terms of payment: 10 days after admission date. We will charge by late payments an administrative fee of Fr. 20.
The client can perform a casting. A casting should not take more then 20 minutes and will be charged inclusive at a price of each Fr.50 by Model and Commissioner. Casting – Photography is not allowed to be published in any case and at any time. In case of abuse, the provision listed in General Terms and Conditions under ‚’’Product – or changing customer’’ will apply. Further claims remain reserved.
The model travel expenses for a train ticket first class round trip or for car / motorcycle at CHF 0.80 per km will be compensate. Further, the Model will be refund an amount of Fr. 50 per travelling hour for the fastest route from their home to work. Longer travel dues to traffic jams etc. will not be compensate. Other expenses are charged only by prior arrangement. Even in a Casting expenses will compensate.
Product – or Changing customer
The fees for Model and DirectVision Fashion & Model are only for the agreed purpose and customer. A change of the customer or the product is only permitted with the written consent of Direct Vision Fashion & Models. The fee for such a change is a per diem and the agency fee to the current approaches. The Model has the rights to reject a product – or customer changing without giving any reason. Charges, Fees and expenses are in this case still payable. The Model and DirecetVision Fashion & Model have the rights to take legal action in failure to comply with this provision. In compensation of damages, in any case an amount of at least Fr. 800 will be charge.
Models can be booked on hourly or daily basis. The total hour of a photografic working day is 8 hours and includes an adequate meals and break times.
Each Model will be charged a cancellation fee ( 1 hour ) and an appropriate agency fee if a model booking fixed appointments did not take place and if the a model booking were not cancelled in written form on the previous business day not later than 12:00 pm. A full fee will be charge if a booking during the photo shooting in any reason, that neither the model nor the agency are to blame for, did not take place or was cancelled.
Options are a booking privilege for the customer. Optional data expires automatically if they were not converted into firm bookings at least 2 working days in advance not later than 17:00 o’clock by the contracting authority in written form. If in the meantime a confirmed booking with the optional model is done, the optional model on the request has to decide on within 2 hours for a confirmed booking to avoid loss of his privilege.
Weather bookings are bookings that are made dependent on the weather situation. They are only possible for the location of the model and in any case should be declaring before as such. The commissioner or the client authority can cancel a weather – related booking in written form or via E-Mail until 3 hours before the shooting start by DirectVision Fashion & Models. Travel expenses and travel time will still be charged if the model due to a long travel time and is already on the way during the adequate preparation time. By Weather bookings, 3 dates are set in advance. At the first cancellation a 20% , by the second cancellation a 50% and by the third cancellation a 100% from the agreed fees will be charged.
Validity / Scope
The publication right is valid for one year from the first appearance on and for one country. For further use (time / geografically) the same provision of ‘’Product – changing customer’’ listed under the General Terms and Conditions apply. Copyrights for more years and countries must be always consulted before use with Directvision & Fashion Models.
The model is entitled to request for a number of accompanying persons to bring, at least 2 persons during the shooting. By minor or underage model, at least one adult should always be be there to attend. The client authority or commissioner will be only provide with the necessary personal information about the Models (Address, Telephone etc.). Direct Vision Fashion & Models receives from the client of each assignment or contract an Archive photos, movies or videos as working voucher.
During the contract time under the DirectVision Fashion & Models the models are required to not to accept any direct orders or contract from the DirectVision Fashion & Model clients, customers or third parties. DirectVision Fashion & Models reserves the right to, clients or contractor, to undertake a direct booking to DirectVision Fashion & Models, to claim a fee for the damages. The models owe DirectVision Fashion & Models a compensation fee of Fr. 600 if they accept any orders or contract directly without any knowledge of DirectVision Fashion & Models.
The client is entitled to resigns from a model without any compensation if a model unsustainable due to the external appearance or the presence of the intended use or shooting. In this case the DirectVision Fashion & Models should be notify right away otherwise a fee will still be charged. No pictures from the model might be take with the exception of the documentation of the complaints. DirectVision Fashion & Models should promptly seek for a replacement, the procedure will be discussed between the clients and DirectVision Fashion & Models In case of cancellation or non-appearance of the model, the model is liable for the damage caused to the client and owes DirectVision Fashion & Models a contractual penalty fees of Fr. 300..-, except in case of major violence. For being late the model reproduce the agreed time. The client has the right, others, e.g. on behalf of the models due to the lateness to charge the models all the compensation and discussed it with the model directly. The DirectVision Fashion & Models is not responsible for any costs incurred due to the lateness or not appearance of a model on any assignment or if the shooting for any other reason should be cancelled, postponed or moved.
The insurance of risks of all kinds is up to the client or of the models.
Jurisdiction and Applicable Law
All legal relations between the client ,Direct Vision Fashion & Models as well as the Model Swiss law is applied. Place of Jurisdiction is in Uster.