Terms of use
Written by Administrator
Monday, April 08 2013 13:27

Conditions for bookings of artists and other mediated by Media 4 Artist


Our Terms and Conditions (GTC) for bookings of artists and other mediated by the Agency Media 4 Artist persons based on the recommendations and guidelines (Media 4 Artist licensed artist agencies) for industry-standard booking conditions as a basis.

§ 1 General

The following conditions shall govern the legal relationship between the artists, the Agency Media 4 Artist and respective clients binding unless in individual cases not explicitly different arrangements. The above parties are to be protected from this branchenunüblichen expectations and demands.

§ 2 Reservation Basics

The Agency will explain to the customer in the name and on behalf of the artist. As the customer is one who has booked with the agency, unless expressly agreed otherwise in the booking.

Unless specified otherwise, the client of the agency, including artist fees owed the commission. The customer is not entitled to offset claims against the artist with the commission claim by the agency or make a lien. An offset to the agency is possible only with approved or legally established entitlements. The customer owes the artist's fee and commission for subsequent bookings. Bookings directly, bypassing the agency is not permitted.

§ 3 Reservation modalities


Options are binding date reservations. An option will expire if not later than three days (up to 18 clock) before work is started or carried out within one business day after request by the Agency a firm booking. Saturday and Sunday are not working days. It applies German era. Options are listed on the booking receipt. If it is not a first option, the customer is notified to the rank of the option. An option expires, moving to the following options in the order. The right to make a confirmed booking is only available to customers with first-class option.

Confirmed bookings

Confirmed bookings are binding on both sides. They must be confirmed to the customer's request by the Agency in writing immediately, giving the essential details of the engagement.

Weather Reservations

Weather-related bookings are only possible at the residence of the artist and must be explicitly described as such. Unless otherwise agreed, these are for nice weather bookings. If the weather conditions do not apply or is the weather situation is unclear, the customer may cancel the booking with the agency up to one hour before the agreed start of work. For this case, the cancellation fee is 50% of the artists - fee.

§ 4 Cancellation

A confirmed booking can be canceled for cause. An important reason for cancellation shall also be conditions that make the confirmed booking economically unreasonable. The cancellation must notify the Agency immediately.

The cancellation must be made as many working days before starting work, like working and travel days have been booked, but at least three working days. If the cancellation before 12 noon clock, so this day is counted in the calculation. Saturday and Sunday are not business days, it is German era.

Daily and hourly reservations are canceled 24 hours before starting work. If the cancellation by the artist, the agency shall use their best endeavors to find an adequate replacement for the customer. Should this succeed, the agency is not liable for the loss.

§ 5 working

Assuming a daily reservation is working 8 hours, with a half-day booking 4 hours. The work begins with the arrival of the artist at work agreed at the agreed time. Preparation time count as makeup and hairstyle to work. Overtime is paid at 15% of the agreed daily rate per hour. Exceeding the working time to 30 minutes is not calculated gesture of goodwill. The joint arrival and departure of artist and client between the hotel and place of work (location) counts as working time. The joint arrival and departure of up to one hour per day should not be calculated gesture of goodwill.

§ 6 artist's fee

The artist's fee includes the daily fee and the fee for usage rights.

Artists Collective

For this purpose, all photographs of clothing and accessories belonging to the artist include (instrument, T-shirts, jewelry, socks, shoes, hairstyles, eyeglasses, etc.) that are designed in conjunction with the artist, if it does not involve advertising.

Special fees

Foundation garments, daily laundry, act, consumer advertising, publicity shots with the artist collective and commercials require a separate agreement.

Half-day and hourly bookings

The artist's fee for half day bookings at the workplace is based artists 60% of the daily fee. Half-day bookings and hours of arriving artists bookings always require a separate agreement.

§ 7 travel costs

Travel day replacement

The arrival and departure to and from the artist's work will be reimbursed only if they are wholly or partly during the usual hours of work by artists. The travel day replacement is up to 2 working days: daily fee for up to 4 working days: 1 / 2 day fee, from 5 working days: not a travel day replacement, unless the arrival and departure dates extends over more than one working day.

Travel Expenses

In the workplace or resident artists who travel do not need, accommodation and meal expenses are not reimbursed. Taxi costs, except half-day or hour bookings, payable only from the city limits. When trips are common from the airport / railway station of the departing artist the actual travel, subsistence and accommodation costs paid by the customer. The food allowance is based on the tax scales of each working day, a cost reimbursement shall be made only upon presentation of receipts. Is the artist worked for several clients at work, his expenses shall be apportioned to the respective working days accordingly.

§ 8 Terms of Payment

The artist's fee, including cancellation fees, travel days and travel expenses and compensation commission are in local currency or in EUR paid for the purchase price, the remaining payments shall be made in EUR.

§ 9 claim

For complaints, the customer must immediately inform the Agency and explain the reasons for complaints. There are Polaroids to prove the claim to create. In case of justified complaints, which are detected by the customer, the payment obligation decreases for this artist. In case of culpable delay by the artist (oversleeping, missed plane, etc.), the artist has to work longer. This is due to special circumstances or only partially possible, the artist loses his claim pro rata daily rate based on the overtime rate.

§ 10 Rights

Unless otherwise expressly agreed, the agreed fee, the artist-use rights are granted to the recordings for the agreed purpose, the agreed product and use the agreed form to the customer for a year in the Federal Republic of Germany for the exclusive use. The annual period begins with the actual use, not later than 2 months after creation of the recordings.

Any other use, especially posters, billboards, packaging, displays, videos and any use of the named artists, requires the express written consent by the Agency. Use rights are granted only by payment of the agreed fee. Any use prior to full payment of the agreed fee is illegal.

§ 11 use for self-expression and self-promotion

It is understood that the Agency Media 4 Artist in the context of bookings resulting products (such as photographs, videos, etc.), the reserved, artists without pay, may be used for purposes of self-promotion on behalf of the artist (especially for artists Set of cards and the Internet presence of the artist and the Agency). Customer shall provide the Agency of all to use recordings selected as a quality print copy available.

§ 12 Insurance and taxes

The artist agrees to all the necessary insurance, if they relate to the artists themselves, for each accounting period to complete itself and having to take on the costs. For high-risk accounts, prepare a special arrangement to meet.

Unless there is a contrary provision, the artist works with an independent business license fees and taxes its own

§ 13 Enticement

The Parties undertake to each other, people who are involved in booking directly or indirectly, solicit for either themselves or for third parties. In particular, the employment or use of services arranged by the Media 4 Artist artists and other people as long as these can be represented by the agency and completed within a subsequent period of one year only by mutual written consent. In case of violation of the above provision, the party in breach may lead to the immediate payment of compensation an annual salary / annual commission volume of poached artists / employee / participants, but at least EUR 10,000.

§ 14 Liability

A guarantee for a specific result of their achievements and the achievements of individuals referred does not Media 4 Artist. Media 4 Artist particularly liable for any losses, lost profits, lost savings, damages resulting from claims of third parties or for any other consequential damages. Nor liable Media 4 Artist, if they are prevented from it for reasons beyond the timely and proper performance of services described in this Agreement in any way.

Media 4 Artist shall be liable for intent and gross negligence, unless the services of Media 4 Artist themselves are concerned. The liability for slight negligence is excluded. An exception is the negligent breach of contractual duties by senior employees of the agency.

The Agency Media 4 Artist takes itself basically no compensation for injuries and accidents by artists, customers and third parties. Nor liable Media 4 Artist for damage or loss of things such persons. For particularly risky shots, the customer must take out an insurance for the artist. If the agency entered into on risk at the time of booking has not been explicitly informed that the artist is entitled to refuse performance and receive a cancellation fee of 70% of the total fee.

Further claims are governed by the general statutory provisions. The liability of the artist and his agency from any legal reason to twice the total fee is limited, except in cases of intent or gross negligence. For hair and make-up artist is not responsible.

§ 15 Final provisions

Between the parties to these booking conditions, agency, artist and client, by German law. Performance for all obligations arising from the reservation in connection with use rights, the seat of the Agency, Berlin. The customer agrees to make changes or additions to the entries and departures from these booking only after prior consultation with the agency and failed to stop the artist during the working days to booking changes or additions to booking.

The validity of the booking will not be affected by any invalidity of individual provisions. The invalid provision shall be restated to reflect as what comes as close as possible to the intended purpose. The same applies to the filling of contractual gaps.

Jurisdiction for general merchants, legal persons under public law, clients and artists mediated / persons without general jurisdiction in Germany, Berlin is the seat of the Agency Media 4 Artist.

Last Updated on Monday, April 08 2013 14:01