1. Terms and Conditions

By placing an order with us, the client accepts our terms and conditions and waives the right to invoke their own.

2. Mandate

The agency acts as the agent of the model to negotiate and conclude, in the name and on behalf of its principal and with all clients, in accordance with professional practice and standard rates in this field, contracts for photo shoots or contracts granting the right to use the model’s image. Fees relating to the models’ services are invoiced by the agency solely in its capacity as an independent agent, in the name and on behalf of the model, pursuant to a delegation of invoicing authority that the model has contractually granted to the agency. Any payment by the client shall only be valid if made to the agency and shall thereby discharge the client from any liability towards the model.

3. Independence and Liability

Models are not bound by an employment contract and do not perform their services under the authority of the agency or the client. Under no circumstances shall the agency be held liable for any faults committed by the model or any other service provider. The same applies if, for reasons beyond the agency’s control, a service cannot be performed in the manner or on the date agreed.

4. Booking

a. A booking shall only be binding on the agency once it has received, at least 24 hours before the start of the photo shoot, the order confirmation sent by the agency to the client, signed by the client to indicate their agreement.

b. Any booking is deemed cancelled if confirmation is not received at least 48 hours before the photo shoot.

c. If the client cancels the booking more than two working days before the shoot date, no cancellation fee will be charged. Otherwise, the agency will invoice 50% of the agreed amount, without prejudice to any other costs incurred by the agency on behalf of the client.

d. Saturdays, Sundays and Belgian public holidays are excluded from the calculation of cancellation periods.

5. Complaints

a. Any complaint regarding a model must be sent to the agency by email at the earliest opportunity.

b. Invoices issued by the agency are deemed to have been definitively accepted unless a dispute is raised by registered post within 10 days of the invoice’s date of receipt.

6. Exclusivity

a. A price is to be agreed with the agency where the use of the image excludes the possibility of any use by or for another company. This specific clause must be the subject of an express and specific contract with the agency.

b. It is the client’s responsibility to check with the booking department whether the model’s image has already been used by or for another company.

7. Exception of non-performance

Failure by the client to fulfil the obligations arising from the order shall automatically suspend the model’s or the agency’s obligations.

8. Fees for services and licensing of rights

a. The rates for services and for reproduction and usage rights are set by the agency. These rates, exclusive of VAT, are brought to the client’s attention and are accepted by the client.

b. Licences for the use of image rights are always to be interpreted restrictively, particularly with regard to the existence and duration of the licence, the authorised medium of use, the scope of use and the beneficiary of the licence. The model’s image rights cannot simply be transferred to the client.

c. The media plan shall be provided by the client to the agency prior to the final booking for the calculation of fees. The client shall seek the agency’s prior authorisation for any use of the image on a specific medium.

d. Licences for rights that are the subject of an invoice may only be used by the client named on that invoice.

e. If there are several clients for a photo shoot, the rate will be invoiced to each client from the first hour.

f. The term of the licence for the image rights for a specific medium shall not, as a rule, exceed one year. Upon expiry of the one-year period, any licence for reproduction rights granted by the agency shall give rise to an invoice in the second year equal to the amount of the initial invoice(s) plus 10%, and, in subsequent years, to an annual invoice equal to the amount of the previous year’s invoice plus 10%.

g. Any provision of a fixation or reproduction of the image to an unauthorised third party, in particular an unauthorised image bank or internet server, is strictly prohibited.

9. Unauthorised use

Compensation is set at 200% of the evaded fees and amounts to a minimum of €125 per image.

10. Services outside the agency’s head office area

a. In Belgium, outside the agency’s head office area, the model shall be paid on the basis of a minimum of 4 hours’ service.

b. Outside Belgium, the model shall be paid on the basis of a minimum of 8 hours’ work.

c. The client shall also be invoiced for the model’s meal, accommodation and transport costs (at a minimum of €0.30 per km) for the return journey calculated from the agency’s head office to the location of the assignment.

d. Travel days are charged at 50% of the model’s daily rate.

e. The agency will charge a surcharge of 50% of the hourly rate on top of the basic rate for the following services: fittings, rehearsals and hair styling sessions.

f. The agency will charge a surcharge of 100%, with a minimum charge of half a day, for nude or semi-nude shoots.

11. Payment

All our invoices are payable at the agency’s head office, in full, net and without discount. Payment by bill of exchange is not accepted unless agreed in advance. Acceptance of bills of exchange does not imply any waiver or novation.

12. Default of Payment

Any invoice not paid by the due date shall, without formal notice and as a matter of right, be subject to a contractual interest rate of 1% per month from the date of issue of the invoice until full payment is made. Furthermore, an indemnity equal to 15% of the sums due, with a minimum of €100, shall be payable by operation of law and without prior notice, by way of damages, without prejudice to any other compensation that may be due.

13. Belgian law

Belgian law shall be the sole applicable law, regardless of the model’s nationality. In the event of a dispute, the courts of Brussels shall have exclusive jurisdiction. Pursuant to the Hague Convention on the Law Applicable to Agency Contracts, even in the case of services provided abroad, the law chosen by the parties is Belgian law.