Booking terms and conditions

The terms and conditions stated in this document are an integral part of all supply from, orders for and agreements with Brand People, trade name: Brand People, to be called in these terms and conditions: Brand People.

Providing an (follow-up) order to Brand People includes accepting stated regulations. These terms and conditions prevail above a clients used terms and conditions. Deviations from, and exceptions on those terms are only licensed when all parties involved agree in writing.

1 Warranty

A) Brand People commits itself to practicing orders with care.

B) Brand People is responsible for the appropriateness and quality of an order's execution, like agreed beforehand in the booking confirmation, which was approved by the client(s).

2 Bookings

A) Client(s) execute their bookings for model(s) at Brand People and/or at bookers connected to Brand People. In this agreement, the description of Model(s) includes: hosts & hostesses, actors, supporting actors, fitters, make-up artists, hairdressers, photographers, choreographers and connected employees, further to be called: Model(s).

B) Client(s) executes their bookings at Brand People. However, Brand People only operates as a consulting booking agency, and in this way does not employ Model(s) directly. Models are thus operating on a self-employed basis. In this agreement, the description of Model(s) includes: hosts & hostesses, actors, supporting actors, fitters, make-up artists, hairdressers, photographers, choreographers and connected employees.

C) Bookings can be, among other things, executed for photo and/or film recordings, performances, fairs and events, shows and other promotional endeavors on demand. Before the start of the booking, the booking will be affirmed via a booking confirmation, which is set up by Brand People and needs to be confirmed by the client(s) via a written agreement that can be both online or via email.

D) Unless agreed otherwise, the booking confirmation provided by Brand People will operate as an invoice for the client(s), stating the specifications and tariffs, binding all parties concerning the determination of the agreements content. The booking agreement counts as the foundation for the calculation of the honorarium, travel allowances and the agency fees, unabated the following: before confirmation of the booking, all Model(s) have the right to refuse a booking order.

3 Obligations

A) With every form of booking at Brand People, we expect the client(s) to take the following work-related measurements.

1. Shielded dressing spaces, for the benefit of Model(s)
2. Locked storage room for a Model(s) personal possessions
3. The presence of at least one contact person
4. Beverage facility during breaks
5. Parking facilities within a walking distance of the location

Whenever one of those measurements cannot be met, the client needs to clarify the lack of it to Brand People, within a period of 5 working days before the booking, so that Brand People can take care of the needs. This will enable Brand People to discuss possible extra costs for the organisation of work related measurements with the client(s), which will be charged to the client(s).

4 Annulments

A) For bookings for a day, daily period or hour that are annulled within 30 working days before the booking date, only administration costs amounting the agency fee will be charged.

B) Annulment within 7 working days before the booking date, will lead to a charge of 80% of the agreed honorarium.

5 Force Majeure

In case of a Model's absence at the time of a booking, caused by a Force Majeure, like a Model's sickness or other private circumstances, Brand People will make effort to find an adequate substitute. Whenever this is not possible for whatever reason, Brand People will not be accounted for damage incurred by clients.

6 Exploitation rights

A) It is prohibited for the client(s) to use material for other purposes than the utilization purposes agreed beforehand. The client(s) only obtains the right to the agreed purpose of the material whenever the payment of all indebted costs is completed. Without a clients preparatory announcement, followed by a written agreement from Brand People, the client is not legitimised to use the material in any other way then priorly agreed. Usage of the material in any other way than agreed on between Brand People and the client, in terms of format, design, duration, medium, geographical outreach or otherwise departed, is strictly prohibited.

B) Whenever the client(s) wishes to make use of the material in any other way than previously agreed, the client needs to present a request to Brand People, which Brand people will decide about in return. For every complementary usage purpose besides these agreed upon by Brand People, supplementary tariffs and/or allowances are applicable.

C) Whenever the client(s) utilizes the material for other purposes, without written permission of Brand People, the client(s) is obliged to pay a fine of 3x the fee that would have been be charged whenever Brand People was informed about the usage sufficient time beforehand.

7 Approaching Brand People Model(s) and related artists

It should need no explanation that both Model(s) and client(s) are familiar with the fact that it is necessary to sustain a healthy relationship between the booking agency and client(s), as well as between the booking agency and the Model(s). Therefore, it is prohibited for both the client(s) and the Model(s) or the Brand People artist to contact one another, after being connected by Brand People. Whenever this does occur, the client is obliged to pay at least 2x the amount of money that should have been paid to Brand People in the case the agreement would have been closed via Brand People.

8 Accountability

A) Brand People is not accountable for any damage or whatever kind of costs, as a result of installed and/or large debt, during activities that were agreed on.

B) Both client(s) and Model(s) secure Brand People for every kind of claim, also when this claim is implemented by or because of a third party. Whenever a Brand People Model(s) is responsible for any damage to client(s) and/or a third party, Brand People will be accountable for a compensation of at most 1x the amount in the agreed honorarium. The establishment of any form of damage compensation as stated in this article, will only be possible whenever Brand People is informed in writing, within 5 working days after the booking.

C) Both client(s) and Brand People Model(s) secure Brand People from all accountability, derived from the agreement, which (semi) governments as well as tax authorities will tend to relate to performed jobs.

D) Both involved persons from the clients side as Brand People Model(s) are obligated to have both a third party insurance (in The Netherlands W.A.) and a health insurance during agreed works. Accidents caused by Brand People activities that result in permanent invalidity or mortality of Model(s) on their way to, on their way back or on location, do not fall under the accountability of Brand People, neither is the Model(s), the client(s) or a third party accountable.

9 Payments

A) The client(s) is informed about the requirement of paying a 250 Euro fee, at the start of the selection procedure, as a down payment for office activities like: casting call, communication, planning, casting, selection procedures and administration. This down payment will be accounted for in the final invoice.

B) Whenever the client decides not to agree on the invoice, Brand People has the right to keep the down payment as administration costs.

C) The client(s) will receive an invoice from Brand People for the indebted amount of money. Within a period of 14 days after the invoice date, the indebted amount of money should be surplussed on the bank account of Brand People, as clearly specified on the invoice. Whenever the client(s) does not agree with the invoice, Brand People should be informed in writing, within 5 working days after receiving the invoice.

10 Consequences of delayed or non-payments

Whenever the payment period has expired, the indebted amount, or the remaining amount, will be accumulated with interest, as stated on the payment reminder and the letter of formal notice. Delayed payments or non-payment will result in an annulment or suspension of the clients rights, arranged discounts and assurances. Furthermore, all judicial and extra-judicial costs incurred by Brand People for the collection of the requisition, will be charged on behalf of the clients. Extra-judicial costs include all costs of notice and summation, apart from the down payments and the honorarium of those who are in debt. In case of a procedure, the client(s) will be charged with liquidated legal costs and expenses.

11 Disputes

These terms and conditions shall exclusively be governed by the laws of The Netherlands. Disputes are submitted to the competent court in Maastricht.