TERMS OF SERVICE

General
DirectVision Fashion & Models mediates contract relationships between the client and models for photo, film, video and modeling. The following provisions contain binding framework conditions of such order relationships that are customary in the industry and regulate the obligations and rights of DirectVision Fashion & Models (agency), the models and the client - without contrary written agreements.

Model file
DirectVision Fashion & Models maintains a model file. Every person can be registered for a fee of CHF 50.-. The registration includes a data sheet and approx. 10-15 photos. Minors require the parents' signature. The model agrees to the publication of the information according to the "model file" form on the Internet. Clients can be provided with a CD-ROM with photos and model information for the purpose of model selection. The CD-ROM may not be copied, used for other purposes or passed on and must be returned. The entry in the file does not guarantee orders. The model undertakes not to register with any other agency and not to accept any orders directly. In the event of a violation, the provisions listed under “Exclusivity” apply. The model is obliged to keep the data sheet up to date and to report any changes (e.g. address, appearance, weight, hair color, etc.) immediately. DirectVision Fashion & Models decides whether a new (paid) shoot has to be done. If an order has to be canceled due to out-of-date data and photos, the provisions stated under “Complaints” apply to the model not appearing.

Booking
With the booking order, the client announces the desired order. The agreement is concluded with the order confirmation by DirectVision Fashion & Models. The details given in the booking order are decisive for the details of the order.

fees
Models: The model fee is payable to the model in cash immediately after completion of the job by the client. The tariffs and tariff information listed below apply. Hours started are charged at the full hourly rate.
Agency: DirectVision Fashion & Models only invoices the agency fee to the client. Payment terms: 10 days after the admission date. In the case of late payments, a turnover fee of 20.- will be charged.

casting
The client can carry out castings. A casting lasts a maximum of 20 minutes per model and is charged at a flat rate of CHF 50 each for the model and agency. Casting recordings may under no circumstances be published. In the event of misuse, the provisions listed under Product / customer change apply. We reserve the right to make further claims.

expenses
The model is to be reimbursed the travel expenses for a 1st class train ticket back or for car / motorcycle at CHF 0.80 per km. The model is also to be paid CHF 50 per hour of arrival for the fastest route from home to work. Extended travel times due to traffic jams etc. will not be reimbursed. Other expenses will only be charged after prior agreement. Expenses are also to be paid for at castings.

Product or customer change
The fees for Model and DirectVision Fashion & Models apply exclusively to the purpose and customers agreed with DirectVision Fashion & Models. A change of customer or product is only permitted with the written consent of DirectVision Fashion & Models. The fee for such a change is a daily flat rate and the agency fee for the applicable rates. The model can reject a product or customer change without giving reasons. In this case, fees and expenses are still due.
If this provision is not observed, the model and DirectVision Fashion & Models reserve the right to take legal action. In any case, at least CHF 800.- will be invoiced as compensation for the turnover.

working hours
Models can be booked hourly or daily. The daily booking is 8 hours. Adequate breaks and catering options should be planned.

Cancellation / cancellation
For firmly booked appointments that do not take place and that are not canceled in writing by 12 noon on the previous working day, we charge a cancellation fee (1 hour) per model and a corresponding agency fee. If an order is not started or canceled during the shoot for reasons that are not attributable to the model or the agency, the full agreed fees are owed.

Reservations
Options are a booking prerogative for the customer. Option dates expire automatically if they are not converted into firm bookings in writing by the client two working days in advance, by 5 p.m. at the latest. If a firm booking is made for an optioned model in the meantime, the option holder must, upon request, decide on a firm booking within two hours, otherwise his priority will expire.

Weather bookings
Weather bookings are bookings that are made dependent on the weather. They are only possible for the location of the model and must be declared as such in advance in any case. The client can cancel a weather-related booking up to 3 hours before the start of admission to DirectVision Fashion & Models in writing or by email. If the model is already on the road due to the long journey and the corresponding preparation time, travel expenses and travel time are still owed. When booking a weather booking, three dates must be set in advance. For the first rejection 20%, for the second rejection 50% and for the third rejection 100% of the agreed fees will be charged.

Validity period / area of ​​validity
The right of publication is valid for one year from the first publication and for one country. In the event of further use (temporal / geographical), the same provisions apply as under product / customer change. Copyrights for further years and countries must always be discussed with DirectVision Fashion & Models before use.

Protection of privacy
The model is entitled to bring a number of accompanying persons to the shoot by arrangement, but at least two. In the case of underage models, at least one adult companion must always be present.
The client will not be given any personal data about the models (address, telephone, etc.) beyond the necessary information. DirectVision Fashion & Models receives archive photos, films or videos as work receipts from the employer for every order.

Exclusivity
The models are obliged not to accept any orders from DirectVision Fashion & Models customers or third parties during the time they are under contract with DirectVision Fashion & Models. DirectVision Fashion & Models reserves the right to demand compensation for fees from clients who make direct bookings from DirectVision Fashion & Models. If the order is accepted directly, the model owes DirectVision Fashion & Model compensation of CHF 600.

Complaints
If a model is unacceptable for the planned use due to its external appearance or appearance, the customer is entitled to forego the model without compensation. In this case, DirectVision Fashion & Models must be notified immediately, otherwise the fee is still due. No recordings may be made of the model, with the exception of recordings to document the complaint. DirectVision Fashion & Models tries to find a replacement immediately; the procedure is agreed between the client and DirectVision Fashion & Models.
If the model is canceled or does not show up, the model is liable for the damage incurred by the client and owes DirectVision Fashion & Models a penalty of CHF 300, except in the event of force majeure. In the case of late arrival, the model has to rework the agreed time. The customer has the right to use other models, e.g. waiting for recordings, at the expense of the late model and to compensate him in direct negotiation.
DirectVision Fashion & Models assumes no liability if a model does not appear on time or at all for the shoot, or if the recordings have to be postponed or canceled for any other reason.

insurance
The insurance of risks of all kinds is the responsibility of the client or the model.

Place of jurisdiction and applicable law
Swiss law applies to all legal relationships between the client, Direct Vision Fashion & Models and the model. The place of jurisdiction is Uster.

AGB 2022