Applicable to agreements with Clients regarding the mediation and booking of independent Models

These general terms and conditions apply to every agreement between 2R Model Management and a client, whereby a model is booked through 2R Model Management for an assignment for the client.

A model is understood to mean a (m/f) fashion model, actor, extra, artist, entertainer, stylist, makeup artist and any person who is mediated through 2R Model Management on a client booking.

If and as soon as a booking agreement is made between the client and the model, these general terms and conditions apply. Any general terms and conditions of the client do not apply, unless otherwise agreed in writing. In case of deviation or contradiction with these general terms and conditions, the agreements in the booking agreement take precedence.

A booking is an agreement for services between the client and the model, whereby the model agrees to perform certain activities, as specified in the written confirmation. These specifications may include:

§ The assignment to be performed;

§ The date, time, and location;

§ The use of the material (purpose, format, medium, duration, number, purpose); 

§ Applicable rates and surcharges;

§ Publication rights and royalties;

§ Payment to 2R Model Management.

2R Model Management connects clients with models, establishing service contract. 2R Model Management handles the bookings, contracts, invoicing and payments.

2R Model Management is authorized by the model to represent his/her interests and to make bookings on behalf of Model. 

Booking agreements with a model represented by 2R Model Management are made by written confirmation of the booking by the model or by 2R Model Management on behalf of the model. Client agrees that bookings with a model also arise through acceptance of a booking by 2R Model Management on behalf of a model.

2R Model Management takes care of the invoicing of the model to the client on behalf of the model, in the name of and for the account of the model. After payment by the client to 2R Model Management, 2R Model Management takes care of payment to the model.

The services of 2R Model Management are in no way intended to establish an employment contract between the client and the model. In its relationship with the model, the client will behave in such a way that there is no relationship of authority.

Instructions regarding the achievement of the desired end product are permitted. This includes direction and pose instructions to the model and instructions from a creative, artistic or fashionable point of view regarding, for example, clothing, styling and make-up.

The total fee owed by the client to the model (including surcharges, buy-out, etc. and excluding expense allowances) will be increased by 20% agency fee/agency fee and VAT.

Buy-out is understood to mean the compensation for the surrender of the portrait right for a certain agreed upon period and for certain agreed upon media and purposes (such as print, film, internet, TV, commercials, artistic use, training purposes, etc.).

No agency fee (but VAT) will be charged on travel and accommodation costs. Travel time, insofar as applicable, is subject to both an agency surcharge and VAT.

Models can be booked on a full day, half day or hourly basis. 

§ Hourly rate: An hourly rate set by 2R Model Management (excluding agency surcharge and VAT) applies to each model, which serves as the basis for the fee to be charged.

§ Daily rate: A day is understood to mean a period of eight working hours between 09:00 and 18:00.

§ Day bookings for commercials or film concern a period of ten hours, further overruns are charged at the hourly rate.

§ Half-day rate: A half-day consists of four working hours, on the understanding that a booking can only take place until 13:00 or from 13:30 on any day.

§ Hourly rate: For bookings of one hour, a surcharge of € 25.00 will be charged on the hourly rate.

§ Overtime/irregular hours: Insofar as bookings are made before 08:00 or after 24:00, twice the applicable hourly rate will be charged per hour.

§ Fitting/fitting/rehearsals: 50% of the hourly rate will be charged for this.

If the working time is longer than two hours, then the agreed hourly rate applies.

§ Inland

For assignments within the Dutch place of residence of the model, the taxi costs to and from the location of the assignment will be charged. Within the Netherlands, outside the Model's place of residence, travel costs based on public transport (first class by train from Model's place of residence to the nearest station) will be passed on to the client. The subsequent taxi costs, from station to location of assignment and back, are also charged.

In the case of own transport, the travel costs will be reimbursed at € 0.19 per kilometer (provided this is allowed tax-free). Any parking costs will also be charged.

If the assignment is multi-day or if an overnight stay is necessary in view of the end time, the hotel costs of the model will be passed on to the client.

§ Abroad

In the case of a foreign trip in the context of the assignment, the basic principle regarding travel and hotel costs is that these are booked and paid by the client themselves. These costs will only be advanced by 2R Model Management and passed on to the client if otherwise agreed. Travel costs are based on airline ticket (economy class) + taxi to and from airport.

The foreign scheme applies to both a model living in the Netherlands who travels abroad and for a model living abroad who travels to the Netherlands (or to a third country).

§ Inland

For bookings outside the Dutch residence of the model, shorter than a full day rate, the hourly rate times 50% will be charged for the required travel time from the station of departure to the location of the assignment (and back). In case of own transport, the required travel time according to the ANWB Route Planner applies.

No travel time is charged for entire day bookings.

§ Abroad 

For bookings made abroad, a fee of half a day rate will be charged per travel day (insofar as these are days that fall wholly or partially before and/or after the booking).

If the material is used for any purpose other than the standard use, surcharges apply. Standard use means: Brochures with a maximum circulation of 850,000 pieces and use on client’s own social media and website. Material may be used within the Netherlands for 1 year. These rates, insofar as they have not been published, will be made known to the client by 2R Model Management on first request.

In the following cases surcharge rates apply, including for the use of the material that deviates from the use agreed upon between 2R Model Management and the client in the booking.

§ For the use of material/recordings in online and offline advertisements, including on social media;

§ For appearing in commercials, shows, film, television or video recordings;

§ For image on posters, displays (in shops or not), bus shelters, billboards, internet, posters, posters, stickers, postcards, boomerang cards, show cards, calendars, labels, packaging, book covers, CD covers, window posters, images on trams and buses and any other use differing in size or design;

§ Use of material/recordings in more than one country;

§ Use of material/recordings for more than one subject;

§ Conversion of one medium into another (existing or new) medium or use of existing material in different media;

§ Swimwear, lingerie and/or underwear;

§ Nudes;

§ Exclusivity of a model, such as for a certain brand or product, for a certain period of time;

§ Use in campaigns longer than the period agreed upon when booking.

If any surcharge is due per calendar month or other term, the client must pay the entire applicable surcharge, even if the talent or material is not used during the entire term.

The client will always immediately report to 2R Model Management all use of the material obtained and produced in the context of the assignment, insofar as this use is outside what has been agreed upon in the booking. 2R Model Management will invoice the client for that use. In case of uncertainty about the nature and scope of this use, whether the client informs 2R Model Management in a timely, detailed and clear manner or not, 2R Model Management will make an estimate and invoice in all fairness and at its own discretion. Insofar as it concerns use that takes place or has taken place without the explicit permission of 2R Model Management, an additional surcharge of three times the rate according to the above estimate applies.

If the client cancels the assignment prior to the agreed booking time, the costs below will be charged on the basis of working days. The moment of receipt by e-mail to the e-mail address of the relevant booker or info@2rmodels.com is assumed. The hours mentioned below refer to hours on working days.

8.1 No costs with the exception of travel and accommodation costs: Cancellation no later than 48 hours before the start of the booking time of models living in the Netherlands; 

No later than 72 hours before the start of the booking time of models living or staying abroad;

50% of the full rate plus travel and/or accommodation costs already incurred and any surcharges: Cancellation between 48 and 24 hours before the start of the booking time for models living in the Netherlands 72-24 hours before the start of the booking time for models living abroad;

100% of the full rate plus travel and/or accommodation costs already incurred and any surcharges: Cancellation less than 24 hours before the start of the booking time of models living in the Netherlands. Cancellation less than 24 hours before departure time of train/flight etc. for models living abroad, the same applies if models living in the Netherlands have to travel abroad for the relevant shoot.

8.2 For multi-day bookings, the notice period is the same as the duration of the booking, with a minimum of two full working days. The notice period must be altogether prior to the start of the booking. In the event of cancellation within a shorter term, the client owes the full rate and any surcharges and travel costs.

8.3 Fair-Weather booking: With a fair-weather booking, the client must explicitly indicate that it concerns a fair-weather booking. The following applies:

First cancellation: no costs;

Second cancellation: 50% of the agreed fee;

Third cancellation: 100% of the agreed fee.

8.4 2R Model Management invariably reserves the right to withdraw a booking or option up to a maximum of 48 hours before the start of the booking without giving any reason. In the event of cancellation by the model itself, 2R Model Management is not liable for any damage resulting from this. However, 2R Model Management will always do its utmost to arrange a suitable replacement and offer a suitable solution.

An option must be confirmed as a booking no later than 24 hours before the start of any booking. For an option on a foreign booking or on a model from outside the Netherlands, a term of 48 hours applies.

Options take precedence over other bookings. This means that when booking a model that is under option, consultation first takes place with the client with the option. This person will be given the choice to convert the option into a booking within a period to be determined by 2R Model Management. In the event of late confirmation, the option will automatically expire without further notice.

Payment by the client of invoices from 2R Model Management (on behalf of the model or not) always takes place within the payment term and to the bank account number as indicated on the invoice.

Payment by or on behalf of the client will never be made to the model or to any other third party. In the case of payments to parties other than 2R Model Management, 2R Model Management reserves the right to demand payment of the invoice amounts from the client.

If the client does not submit a reasoned complaint in writing within 8 days of the invoice date, he is deemed to fully agree with the contents of the invoice received. The amount owed (unless the invoice states otherwise) must be credited to the bank account NL34RABO0329981803 of 2R Model Management within 14 days of the invoice date, referencing the invoice number.

From the day that the payment term has expired, the client owes 1.5% interest per month, whereby portions of a month are counted as a full month.

All costs that must be incurred by 2R Model Management on behalf of the model to enforce the rights of the model and/or of 2R Model Management, as well as all judicial and extrajudicial costs are for the account of the client. The aforementioned (extra)judicial (collection) costs amount to at least 15% of the amount to be claimed with a minimum of € 250.

Extrajudicial costs are owed by the client without demand or notice of default in all cases in which the model and/or 2R Model Management has had to engage legal assistance, a bailiff or lawyer to collect the claim or enforce its rights.

The client will only then acquire the right to use the recordings after payment of the amounts owed in this respect has been made.

2R Model Management is not liable for any damage suffered by the client through or during the execution of the assignment, whether or not through the actions of the model, unless the law or these conditions provide otherwise and unless there is non-excludable intent or gross debt. Regarding intent or gross negligence, the burden of proof rests on the client. Liability of 2R Model Management for indirect damage, consequential damage, loss of profit and other business damage of the client is excluded.

The Client indemnifies 2R Model Management against all third-party claims for damage related to the assignment or arising from the performance of the work. The client is responsible for the safety and working conditions at the locations of the assignment.

In the event of a serious and demonstrable complaint from the client regarding the behavior or performance of the model, the client and 2R Model Management will consult each other as soon as possible about the consequences, approaches, and possible solutions, such as a warning or replacement. A complaint must be received in writing (by e-mail or registered post) by 2R Model Management at: Fluytstraat 9, 1784 NP Den Helder or info@2Rmodels.com

2R Model Management has the permission of model for the use of the personal data (including portfolio with recordings and images) of the model for the purpose of, among other things, presentation to potential clients.

The Client will only use this personal data (including subsequent additions or updates) in the context of the selection of a suitable model for an assignment. The client will not keep this data longer than is strictly necessary for this purpose, after which the client will delete or return this data. The client will never make data of the model available to third parties outside its organization without the permission of 2R Model Management or of the model.

These booking conditions are governed by Dutch law. All disputes arising from a (booking) agreement concluded with Model and 2R Model Management are assessed under Dutch law and must be brought before the competent court in Amsterdam.

Version date: Oct 2018 – These terms and conditions have been filed with the Chamber of Commerce under number 71584552