Framework Contract for Presenters
in the version of 16.10.2019
§ 1 Scope
(1) This framework contract is valid for every contract between the-models GmbH, Kreuzstr. 34, 33602 Bielefeld, hereafter referred to as “agency” and the person, that is registered as presenter or who makes a booking confirmation within a registration that has been made (hereafter referred to as “presenter”). The contract is considered as framework contract for every order made by the agency and accepted by the presenter and regulates the duties of every order towards the customer.
(2) Changes of this framework contract are only valid by the matching declaration of both parties in written form, whereby only the agency’s management can make changes. The agency reserves itself the right to change the conditions regularly, which the presenter accepts with the accepting of a booking with reference to the new conditions.
§ 2 Contractual object
(1) The agency takes care of the mediation of the presenter during the duration of the contract. The agency tries hard to mediate the presenter to its customers for
live-, radio- and TV presentations. Success is not guaranteed.
(2) The agency is therefore the agent of the presenter. The agency receives a commission for the mediation of presenter contracts (orders) between the presenter and the customer, which is billed to the customer.
(3) The frequency of orders depends on the demand of the respective presenter type, so that no concrete information can be given. If the presenter should not be mediated by the agency due to a lack of demand by the agency's customers, it is not part of the sphere of the-models and the agency is not liable for any service or replacement.
§ 3 Registration
(1) To be accepted in the database of the agency and to be considered for possible orders, the presenter has to register on the website “the-models.de” once.
(2) The information provided during the registration have to be true and correct. All mandatory details have to be filled in; the framework and the declaration of consent have to be accepted.
(3) Only legal entities, who are legally competent and legal or corporate entities, are allowed to register. A registration can only take place in the relation of the exercise of a commercial activity or as an independent contractor; therefore the presenter has to be an entrepreneur. The agency has the right to demand a trading license from the presenter at any time and to exclude the presenter from his platform if the entrepreneurial status is not, or no longer, given at one’s own discretion.
(4) The registration first takes effect when it is confirmed by the agency. The agency has the right to decline or revoke the registration without giving reasons.
(5) The revoke of the registration by the presenter is possible at any time but does not affect current employment relationships.
§ 4 Occupation of the Presenter
(1) Based upon this contract the presenter receives single orders in the areas of live-, radio- and TV presentation or similar areas.
(2) The concrete task, success instructions or specific requirements are given to the presenter within the booking confirmation, which is also the binding basis of the respective order. Apart from that, the presenter is free from instructions in the performance of his occupation in his entrepreneurial independence, on the agreed appointments.
(3) The presenter obligates himself to fulfill the entrusted tasks diligently and with the care that is needed in business transactions.
(4) The basic tasks of the presenter are, besides the presentation, the needed preparations of the activities, the responsibly and carefully custody of the things entrusted to him, as well as the permanent coordination of the operational planning with the agency and customer. Within the proper performance of the contract, the presenter has to maintain a groomed appearance and a courteous contact with the customer and the audience. Further stipulations, e.g. dress codes, are to be found in the booking confirmation and are also to be observed for the proper performance of the contract.
§ 5 Process of Bookings
(1) Depending on requirements, the agency shall issue the presenter with the orders described in § 4 by sending a message to the e-mail address provided by the presenter during registration.
(2) The presenter is entitled to reject orders from the agency at any time. A reason for the rejection is not required.
(3) If the presenter accepts an order, he is obliged to carry it out in accordance with the agency's specifications in terms of content and time and in accordance with the contents of the job offer and the booking confirmation.
(4) If the presenter is prevented from completing the order within the framework of the agency's specifications regarding content and time, the agency is entitled to assign the order to someone else at any time.
§ 6 Remuneration
(1) The presenter receives the remuneration stated in the booking confirmation if the order is completed properly, plus all additional costs to be paid in accordance with the agreement, with consideration of the following points.
(2) The agency receives a commission for the orders successfully mediated by the agency to the presenter. The commission usually is 20% of the remuneration. In addition to the agency commission, another 5 % of the remuneration is charged as pre-financing commission. The pre-financing commission is charged in order to compensate the risk of non-payment of the customer's fee with regard to the pre-financing service provided to the presenter. The commissions are charged to the customer and are not to be deducted from the remuneration stated in the booking confirmation to the presenter.
(3) The payment to the presenter takes place within 14 days after the presenter has issued a correct invoice to the agency, viz. if necessary with VAT number and consecutive invoice number.
(4) If accommodation is necessary within the scope of the order, the costs for accommodation and breakfast are not generally covered by the agency. In this case, the stipulations of the booking confirmation are applicable..
(5) The presenter can only claim the actual performed hours. If the presenter leaves the work place, regardless of the reasons, the claim of the further agreed working time lapses. If the presenter does not show up the following days at the work place, he cannot claim remuneration for these days neither. It does not matter why the presenter does not complete the order.
(6) The agency informs the presenter that he himself is reliable for the proper taxation of his revenue from the orders given by the agency..
(7) Furthermore the agency informs the presenter that the, in the invoices reported VAT, has to be payed to the tax office by himself in general and that he has to check if he is freed from the elevation of VAT because of the small business regulation of § 19 UstG. The agency informs the presenter that he is or will be, regardless of his self-employment, subject of compulsory insurance in the statutory pension, due to § 2 paragraph 1 number 9 SGB VI. The presenter is in charge of delivering the contributions to the statutory pension himself. The same applies for insurances for possible occupational risks (accident, liability or similar).
§ 7 Cancellation of an Order
Originally planned operating days cannot be guaranteed by the agency. In the event that the contract between the agency and the customer is cancelled by the customer - even short-term - the contract between the agency and the presenter is automatically cancelled, too, without replacement. The agency will inform the presenter immediately after learning about the cancellation. In the event of cancellations or the exchange or change of days of service, the presenter is not entitled to compensation for the dates cancelled in this way.
§ 8 Legal Position of the Presenter
(1) The presenter is not obliged to accept job offers.
(2) The decision of the performance of orders is up to the presenter alone and the presenter underlies no instruction right, is completely free concerning the time, kind and place of the order fulfillment and not bound to the organization of work from the agency.
(3) Furthermore, the presenter is free in the work structure towards the customer but has to make effort to fulfill the order as good as possible within the respective order.
(4) The presenter shall work with his own equipment unless he exceptionally requires access to the agency's or its clients' equipment in order to complete his tasks.t.
(5) The presenter is allowed to have one or more purchasers and customers. He is only obliged to comply with the agency in terms of time in accordance to accepted orders.
(6) The presenter is self-employed and is obliged to provide the agency with a corresponding proof at any time when requested, in particular by providing a tax number or similar. If the presenter is not able to provide this proof, the agency will remove the presenter's sedcard until further notice.
(7) If there are changes in the presenter's status at any time, be it with regard to self-employment or with regard to other issues that are important for the duly performance of the job commissioned by the client or for the agency (e.g. longer periods of absence), the presenter will inform the agency immediately.
(8) The presenter is has no claim to the mediation of regular or concrete orders. The order situation is solely determined by the market situation and the request of customers for certain moderators. In this respect, the agency does not guarantee that the presenter will receive orders regularly or at all.
§ 9 Use of Social Media and Web Content
(1) To promote the marketability of the presenter, the agency reserves the right to use pictures and/or videos of the presenter’s social media and/ or web content (e.g. personal website, blog) for the sedcard or other advertising of the presenter. The presenter agrees to this and declares by concluding the contract that she/he is legally authorized to transfer the corresponding usage rights to the agency.
(2) The agency will promptly inform the presenter about the use of social media and/or web content, according § 9 (1).
(3) If the rights of third parties conflict with the use of content from social media and/or the web, the presenter shall first attempt to obtain such rights. If this is not possible, the presenter shall inform the agency as soon as possible after the conclusion of the contract, but at the latest when receiving the usage hint by the agency, according § 9 (2), which pictures and/or videos are excluded from use by the agency. The presenter is responsible for delayed or missing references to the rights of third parties to pictures and videos in social media and/or the web.
§ 10 Duration of the Contract
(1) This contract is for an indefinite period.
(2) Both the agency and the presenter can end the contract at any time. In this case, all personal data of the presenter collected and saved by the agency will be deleted completely and permanently.
(3) The ordinary termination does not affect current or accepted orders. Already booked or not finished orders have to be completed by the presenter until the end. If this does not happen, the agency maintains indemnity claims.
(4) The right of each of the parties to terminate the agreement for serious non-compliance shall remain.
§ 11 Rights of Use / Image Rights
(1) The agency and the respective customer for whom an order is performed have the right to use photo, audio and video material of the respective activity and the performance of the presenter, especially to reproduce, spread and exhibit as well as render it and give public access to it. n.
(2) For clarification: Both parties adhere that with the remuneration of the presenter all right of usage on the within the order created photographs, audio- and/or video recordings of the presenter as well as all personal rights and the copyrights for works of art are compensated, as long as the presenter had them at its disposal. Because of that the customer may be allowed to use the created photographs without limitation of time and content. For further clarification: Usually only the simple user right of regularly one year for the common advertisement purposes, as they are to expect as a result of the booked order are given. Further rights (so called “Buy Out”) will be coordinated by the agency in case of inquiry by the customer and shall be taken in account in the remuneration communicated with the presenter. If the presenter sees a mismatch between the order and the remuneration concerning the rights of usage, it has to inform the agency immediately. If the presenter accepts the order nevertheless, it agrees to the remuneration and the compensation of the rights of usage.
(3) By sending images, audio- and video recordings to the agency, the presenter ensures that he has the unlimited rights of use and is allowed to let them be published on the agency’s website. The presenter also ensures that his appearance still matches the impression given by the submitted files. Furthermore, the presenter ensures that the records may be edited or converted and that the photographer/videographer renounce the mentioning of copyright. The presenter cannot claim remuneration for this.
(4) In case the agency is held liable for copyright violations, violations of property, rights or violations of general personal rights or other legal violations in respect of images, video and audio recordings provided by the presenter, the presenter shall indemnify the agency for any damages caused by this, including the necessary costs of prosecution or defence, unless the presenter is not at fault for the violation.
§ 12 Duty of Confidentiality
The presenter is sworn to secrecy about all internal processes in the agency as well as about remuneration agreements. The direct contacting of customers of the agency is forbidden, unless otherwise agreed. The secrecy conditions set up by the agency’s customer concerning the respective order will be communicated to the presenter and have to be fully met..
§ 13 Liability
(1) The agency is not liable for an eventual misuse of data or images, neither for registrations, changes or deletion, that take place because of third persons who gain unauthorized access to the (email or online) account of the presenter, except it is the agency's fault based upon criminal negligence or on purpose.
(2) The presenter is obliged to store the access data to the website carefully and to prevent the access of unauthorized third parties.
(3) If the presenter accepts an order and afterwards changes its appearance compared to its sedcard, without consulting or informing the agency, in such a way that the customers is no longer interested in the presenter, the agency claims the right to claim indemnity as well as 100 % of the work and mediation costs incurred by the presenter. Claims from third parties will be forwarded to the presenter to 100 %.
(4) Orders and bookings accepted by the presenter are unlimited binding. If the presenter does not fulfill the order or not fulfill it completely or in time, he will free the agency from all claims of indemnity of third parties. If the presenter is to blame for not completing the order, the presenter will pay indemnity to the agency in the height of the mediation commission.
(5) Furthermore, the presenter is liable for all damages, happened by or because of contract violation by the presenter, towards the agency. This applies in particular for the violation of the assumed care and storage obligations from this contract as well as for violations of obligations from respective orders. The liability exists also towards the agency’s customer, for who the presenter worked.
§ 14 Data Protection
(1) The presenter agrees that the agency saves his data by accepting this framework contract. The agency is allowed to use the data to communicate with the presenter and bill him and if necessary to give the data to his customer for the aforementioned purposes. When the framework contract ends, the data will be deleted completely and permanently after the legal retention period ends.
(2) The presenter agrees that his mobile phone number is given to the other participants of the respective campaign. This serves the purpose of giving the participants the opportunity to communicate with each other.
§ 15 Severability Clause
If one or more of the terms of this contract are invalid or void, the effectiveness of the other terms is not affected. The parties oblige to replace invalid or void terms by legal ones, which are closest to the economic intent. Same applies, if the contract needs to be extended is needful of supplementation.lte.
§ 16 Place of Performance, Place of Jurisdiction and Changes of Framework Contract
(1) Place of performance is the work place and place of jurisdiction is Bielefeld.
(2) Changes and additions of this contract require written form and must be expressly identified as such and have to be accepted by both parties. The agency reserves itself the right to change the conditions regularly, which the presenter accepts with the accepting of a booking with reference to the new conditions.