Framework contract for hostesses, promotional and hostesses

In the version of 22.12.2018

§ 1       Scope

(1) This framework contract is valid for every contract between the-models GmbH, Kreuzstr. 34, 33602 Bielefeld, hereafter referred to as “purchaser” and the person, that is registered as hostess, promotional hostess, moderator or similar (except models) or who makes a booking confirmation within a registration that has been made. The contract is considered as framework contract for every order made by the purchaser and accepted by the contractor.

§ 2       Registration

(1) To be accepted in the database of the purchaser and to be considered for possible orders, the contractor 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.

(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 contractor is possible at any time but does not affect current employment relationships.

§ 3       Occupation of the contractors

(1) Based upon this contracts the contractor gets single orders in the areas of „fairs“, “sales promotion“, „events“, „road shows“ and „market research“ or similar areas.

(2) The concrete task or success instructions are given to the constructor within the order and the involved instruction. The orders basis is the information guideline given within the instruction.

(3)  The constructor obligates himself to fulfill the entrusted tasks diligently and with the care that is needed in business transactions.

(4) The basic tasks of the constructor are, besides consultation and product presentation, the needed preparations of the activities, the responsibly and carefully custody of the things entrusted to him, the wearing of proper clothing for the activity, an appropriate conversation tone towards the customer, active customer approach, as well as the permanent coordination of the operational planning with the purchaser and customer. Within the proper performance of the contract, the contractor has to maintain a groomed appearance, an obliging contact with the customer and the addressees.

(5) If the contractor has the right within this framework contract to employ a substitute person (e. g. a vicarious agent) to fulfill the contractually agreed obligations the following conditions shall be met: The constructor needs to make sure that the substitute person knows and understands the training measures, that the person receives all promotional materials and clothing needed for the proper performance of the action in time as well as that the substitute person knows the present conditions and accepts them before the beginning of the action. Such a substitute person can only be employed, if the constructor is self-employed; the substitute person needs to fulfill the conditions of a self-employed professional activity, too.

§ 4       Placing of order

(1) The purchaser gives the contractor the orders describe in section 3. via message to the email address given by the constructor within the registration, if needed.

(2) The constructor has the right to decline orders offered by the purchaser at any time without giving reasons.

(3) When the contractor accepts an order, he has to perform it in terms of time and content given by the purchaser and by the content of the order.

(4) If the constructor wants make use of a third person, this person has to fulfill the personal requirements within the order, which is why the involvement of a third person needs to be approved by the purchaser.

(5) Is the constructor unable to perform the order, in terms of time and content given by the purchaser, himself or by involving a third person, the purchaser has the right to give away the order at any time. The mentioned condition in section 3 paragraph (5) concerning the substitute persons is valid.

§ 5       Appointments

(1) The appointments for the measurements and the operating days will be given to the constructor within the placing of order. These are to be verified by the constructor after receiving them by email, if necessary. The appointments including the agreed times have to be complied by the contractor strictly.

(2) The punctual start of the activity and the punctual deployment of the constructor as well as the agreed end of the activity are essential to the purchaser towards the contract partner (customer at the venue). If the, from the contractor agreed appointments mentioned on the handed over plan, be neglected by the contractor – regardless of the reasons – the purchaser has the right to cancel the order without notice.

(3) The contractor is obliged to inform the purchaser immediately, if something, e. g. illness, prevents the employment. This notification has to be telephonic – not as a message on the answering machine or a text message – additionally the purchaser has to be informed via fax or email.

(4) The contractor is liable for the loss of personnel on the agreed appointments, with the exception of higher force. Therefore, the contractors’ duty is – even in case of illness – to arrange a suitable alternative. Therefore, the contractor will inform the purchaser as early as possible about a possible work loss. The purchaser will help the contractor to find a suitable alternative, if requested. If contractor and / or if necessary purchaser are not able to find a substitute person in time or if it results in higher costs for the purchaser, the contractor is liable for the loss occurred. The contractor can only claim remuneration, if he or a substitute person arranged by himself, who he remunerates properly, keeps the appointment.

(5) The purchaser does not guarantee originally planned working days. In the event that, resulting from – even short-term – cancellation of the order by the customer towards the purchaser, the planned appointments are lapsed, the order issued lapses towards the contractor without replacement. The purchaser will inform the contractor immediately after receiving knowledge. In case of cancellation or the exchange or modification of the working days, the contractor has no claim of remuneration for the canceled appointments.

§ 6       Remuneration

(1) The salary shall be paid and settled monthly on the 15th of the following month to the bank account specified by the contractor. This shall take place after completion of the assignment, on the basis of the agreed remuneration and the work performed.

(2) The contractor receives all necessary documents for the settlement together with the booking confirmation. The documents must be completed in full and signed and sent to the-models by the 25th of a month. All documents received after the 25th of a month automatically fall into the next billing period.

§ 7       Use of social media content

(1) To promote the marketability of the host, the agency reserves the right to use pictures and / or videos of the host’s social media content for the sedcard or other advertising of the host. The host 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 host about the use of social media content, according paragraph (1).

(3) If the rights of third parties’ conflict with the use of content from social media, the host shall first attempt to obtain such rights. If this is not possible, the host 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 paragraph (2), which pictures and / or videos are excluded from use by the agency. The host is responsible for delayed or missing references to the rights of third parties to pictures and videos in social media.

§ 8       Termination

This framework contract can be canceled anytime regardless of a deadline. If the contractor is still actively working within an order for the purchaser at the time of termination, the terms of this framework contract continue to apply. The extraordinary right of termination because of serious reasons shall remain unaffected.

§ 9     Exploitation rights/ image rights

(1) The purchaser and the respective customer for whom an order is performed have the right to use photo and video material of the respective activity and the performance of the contractor on-site, especially to reproduce, spread and exhibit as well as render it and give public access to it. The agreed remuneration for the performance of the order or a respective campaign day already includes the remuneration for the assignments of rights on the own image and sound for this purpose.

(2) By sending images to the purchaser, the contractor ensures that he has the unlimited rights of use and is allowed to let them be published on the purchasers’ website. Additionally, the purchaser ensures that the appearance still matches the impression he got from the submitted files. Furthermore, the purchaser ensures that the records may be edited or converted and that the photographer renounce the mentioning of copyright. There is no fee claim generated by it.

(3) In case that the purchaser is occupied, in connection with the from the purchaser provided image because of copyright violation, protective rights violation or violation of general rights of privacy or other rights violations, the contractor frees the purchaser from occurred damages, including the needed costs of prosecution or legal defense, except the purchaser is not to blame for the violation.

§ 10     Duty of confidentiality

The contractor is sworn to secrecy about all internal processes in the agency as well as about remuneration agreements. The direct contacting of customers of the purchaser is forbidden, unless otherwise agreed. The secrecy conditions set up by the purchasers’ customer concerning the respective order will be communicated to the contractor and have to be fully met.

§ 11     Liability

The contractor is liable for all damages, happened by or because of contract violation by the contractor, towards the purchaser. 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 purchasers’ customer, for who the contractor worked.

§ 12     Contractual penalty

If the contractor does not perform the order culpable, he has to pay the purchaser a contractual penalty, in the amount of twice the daily rate. Besides the purchasers has the right to claim a higher damage, in the amount of the actual occurred damage. The contractor has the right to demand for a decrease of the claim, if he can prove that the damage was lower.

§ 13     Data protection

(1) The contractor agrees that the purchaser saves his data by enter this framework contract. The purchaser is allowed to use the data to communicate with the contractor 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 after the legal retention period ends.

(2) The contractor (campaign participant) agrees that his mobile phone number is given to the other participants of the respective campaign. This serves as a possibility to communicate with other participants and to possibly create carpools to the measurements.

§ 14     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 goes, if the contract needs to be extended is needful of supplementation.

§ 15     Place of performance, place of jurisdiction and changes of GTC

(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 purchaser reserves himself the right to change the conditions regularly, which the contractor accepts with the accepting of a booking with reference to the new conditions.