LEGAL
TERMS & RIGHTS
Client Agreement with September Child
Background for Agreement:
September Child, Emil Slomanns Vej 9, 3.tv. 2000 Frederiksberg, Denmark, phone: +45 61160275,
info@septemberchild.dk, CVR: 43626973, (hereinafter SC) is a Danish Model Agency based in
Copenhagen specialized in bookings for kids’ models (models in the age of 0-18) for
Client, address, CVR: Xxxxx wishes to enter into an agreement (hereinafter the Agreement) with SC, that will regulate the terms for the collaboration and provide safe and good relations between SC and the Client (hereinafter collectively referred to as a Party or the Parties.
Effect of Agreement:
This Agreement enters effect at the date of signature and runs until it is terminated by one of the Parties (see Termination clause). All bookings by the client will be regulated by the terms of the Agreement. If there is any discrepancy between the terms confirmed for a booking and the Agreement, the Agreement will take precedence.
Territory:
The Agreement covers any bookings and rights to use the material in Denmark, unless otherwise agreed upon. If Client is part of an international/group company, rights to use material in other jurisdictions outside Denmark, must be agreed upon.
Copyrights – licensed rights and term.
All bookings include the right to normal advertising rights in Denmark, including and limited to own social media, own catalogue or own website for up to 6 months from date of first use of material.
Please note that video and printed posters are not normal advertising.
Use of material outside Denmark, will need to be explicitly agreed upon.
If the Client wishes to extend the advertising rights beyond 6 months, to and/or extend the advertising, eg. web advertising, or advertising in printed media or in other jurisdictions, this will be agreed in writing as an appendix to the Agreement, and an additional and separate fee will be negotiated for this right.
Any violation of the licensed rights with respect to territory, use of material and or length of use of material will be considered a breach of the agreement, and SC will be entitled to compensation based on the scope of the violation, however not less than DKK 50.000
The client is not responsible for removing already posted material form social media platforms, or printed materials, bust is not allowed to repost or reuse/reprint, any material after the 6 months expiration date, without prior written approval from SC.
Assignment of rights, sub-contractors
The client cannot assign the Agreement or any rights in the Agreement to third parties, or separate legal entities including group companies, without prior written approval from SC.
The client cannot use other subcontractors than the ones agreed with the client. Any use of non-approved subcontractors will be considered a breach of the Agreement.
Bookings and cancellation
If the SC client cancels a booking, confirmed by SC and a model SC is entitled the full payment agreed for the model prior to the shoot. (Includes rights and hourly fee in total.)
If a model cancels prior to a job, SC must make sure, but cannot guarantee, that a replacement model is found and booked. However, SC recommends that a back-up model is booked. The fee for the backup model is reduced to only the hourly rate (deducted licensing rights), unless the backup model is used by the Client, then it is the full fee.
Since the model is a children’s model, SC is not responsible if the model does not wish to work on the given day or decides to cancel, due to sickness etc.
If the model is sick or cancels the client will not be charged.
SC is to be paid in full, regardless of the Client’s choice to use/not use the images taken at a shoot, and regardless of the reason, behind the Client’s choice to not use the images.
Working hours,
The working hours starts when the model shows up at the location (at the agreed meeting time).
Styling, make-up etc. is also counted as working time with an hourly rate.
A booking is a minimum of 1 hour.
The models booking/work is regulated by the Working Environment Act’s rules on work for children under the age of 13.
In reference to this act, SC recommend that models under the age of 13 does not work more than 2 hours on a day where they also attend pre school/school and not more than 7 hours on holidays/weekends.
SC recommend that no total amount of bookings exceeds 12 hours of work pr. week for a model also going to school/preschool on the same days. Any one or total amount of bookings cannot exceed 35 hours of work pr. week for a model under the age of 13, in a vacation period/time off.
The model is entitled to at least 2, 5-10 minutes breaks every hour, and a longer break of at least 30 minutes, 2 times during a period of 7 hours. The breaks are included in the agreed working hours.
No booking or work hours for a model are allowed from 8 pm to 6 am Smaller children quickly get tired at jobs, so we recommend booking more than one model. Please have their nap time in mind.
Work Environment permits and work environment and ethics.
The Client is obligated to secure, that the location is suitable for work-related projects, and a safe environment for the children’s models (be aware of child proofing or securing any electrical outlets, small devices, or heavy tools).
SC ensures that the working environment for all SC models at all bookings is reflected the high quality and standards of SC. Both in terms of physical environment (temperature, noise, safety etc.) as well as psychological work environment (tone of voice, wording, communication etc.)
It is the Clients obligation that the production complies with all the rules of working environmental law, according to which e.g., special consideration must be given to children and their vulnerable position in the workplace.
If the work/booking requires extra permission from police, other authorities, working permits, etc. this is solely the Clients responsibility. These permits must be obtained before the beginning of thework.
SC are entitled, prior to and as long as the respective photo session is conducted, to ask for and receive documentation for the permits.
SC encourage the Client to produce a Child certificate (børne attest) for the people/production involved working with the model.
The Client may not change the look of the model (haircut etc.) without agreeing with the legal
guardian first.
No one can impose upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Model. The model or the legal guardian cannot be asked to sign documents without previous written consent from SC.
Transportation
Unless otherwise agreed explicitly in writing, the Client must cover all transportation costs/travel expenses etc. that the model and the guardian may have from their home to their location.
If a booking is not in Danish territory, all meals and drinks, transportation and stays overnight will be covered by the Client.
SC or the model cannot be held liable for delayed and/or canceled flights. Upon receipt, the Client must cover any additional costs related to the delayed or canceled flights. The Client retains the right to refuse the additional costs and cancel the booking, due to the delayed and/or cancelled flights, but is nevertheless obligated to pay for the full fee for the agreed booking.
Insurance and liability
Any accidents that happen while working, this also includes being on the location waiting, and
travelling to and from location, is covered by the Clients insurance.
The Client is obligated to take out an insurance with a premium of at least DKK 5.000.000
Furthermore, the Client must ensure, that no one imposes upon the model any action or activity, which could be considered dangerous for model or put the model in risk of bodily harm or injury.
Any damages on clothes, props, accessories, or personal injury to anything or anyone at the production location, including theft or losses, is the Clients responsibility and SC and/or the model cannot be held liable for this.
The model:
If the model doesn’t live up to the Client expectations, this is to be informed to SC immediately. If the model is still being used in any way at the location, SC and the model is still entitled to receive the full payment.
Please note that small bruises, scratches, minor wounds, and scars do not count as not eligible for work.
Since SC is working with children, it can happen that a child refuses to work while being at the location. If this is the situation, the Client must contact SC within 30 minutes from the arrival time to require a reduced price. SC will help provide another model if it is the interest of the Client. If the Client hasn’t notified SC within 30 min. full payment must be made for the model.
Fee
A fee will be agreed for the specific booking.
All fees include a model fee starting from DKK 500 and licensed rights fee starting from DKK 1500. The licensed rights fee includes 6 months rights to online and catalogue in Denmark.“Online”: Includes the right for Client to use the material online on any web pages owned by Client, such as web sites, blogs, E-Com etc. This does not include third parties use of material in campaigns.
“Catalogue”: Includes the right to use the material in physical and printed catalogues as well as digital catalogues. Client is only allowed to use the material for catalogues owned and made by the Client. “E-com third parties”: Include the rights to use the material for third parties (B2B) licensee’s ecommerce, such as web shop or Instagram business where it is possible to shop directly from the picture. This does not include the right to use the material for banners and other digital use. Fee starting from DKK 500 pr. hour.
Additional licensed rights to use images is negotiated and priced separately.
All prices are without VAT. All the above prices can be regulated without notice.Any licensed rights
will not be granted before the invoice issued by SC has been paid by the Client.
The fee can’t be renegotiated after a finished job.
SC issues an invoice after the booking. The payment terms of the invoice are 14 days. Any late payments will incur interest, according to the Danish Interest Act.
If a booking is confirmed, the Client is responsible for the payment whether the job is cancelled or not.
Any extra travel expenses, hotels etc. will be on the invoice given to the Client after a job.
SC and Model use of pictures:
SC and the model are allowed to use the images from any given job, to promote the model, and obtain more jobs. SC and the model must not use the pictures for any other reason. Any use of the pictures on social media, can only happen with explicit agreement from the Client.
The Client must obtain an explicit written consent to give up all rights to use of the images taken by the Client, including the GDPR right to withdraw consent/the right to be forgotten. The Danish Copyright Act governing the pictures taken by the Client, states the pictures belong to the Client (when the invoice to SC is paid), and overrules Danish GDPR rights.
Breach of contract
If one of the Parties is in significant breach of the terms of the Agreement, the other Party must notify the breaching party immediately. The breaching party then have 5 days to rectify the breach.
If the breach is not or cannot be rectified the Agreement can be terminated by the other Party with immediate effect.
The breaching party is liable for any direct losses occurring as a consequence of the breach, according to Danish law principles.
Termination
The Agreement can be terminated with 30 days written notice from either Party.Disputes
Any disputes arising from the Agreement should be settled through negotiation/mediation. If negotiation/mediation between the Parties is not possible the dispute can be solved by the City Court of Frederiksberg.
Amendments
Any amendments to the Agreement must be made in writing to be valid. As an appendix.