Terms and conditions


1.      These conditions apply as soon as one or more models are booked
         through De Casting Studio BV (hereinafter referred to as DCS) or if
         DCS’s services are otherwise used, regardless of what services are
         concerned (example: booking models, arranging castings, sending
         models’ material or re-use of models’ material who were booked at
         any time via DCS).

2.      Our client is considered to be the person that uses DCS’s services
         and/or the person who wishes to receive the invoices for the services.
         If the person using DCS’s service and the person wishing to receive
         the invoices are two different people or legal entities then DCS may
         assume that they both are clients: they therefore both are personally
         responsible for the obligations towards DCS and its models.

3.      DCS is obliged to ensure that the models booked by the client are
         aware of the time that they need to be on location and what kind of
         clothing or other matters they should bring. Furthermore, DCS will
         assist the client in selecting the models and DCS is held to draw up
         an invoice that meets legal requirements. 

4.      The Agency protects the interests and all other matters of its models.
         DCS clients may not contact the models directly for legal or financial
         affairs. Clients may not ask the models to sign contracts, unless prior
         agreement has been reached with DCS in writing. Contracts that go
         against these conditions and are signed without consent from DCS
         are not binding for the model nor for DCS.

5.      DCS guarantees that income tax and premiums will be paid and if
         necessary will indemnify its clients for claims from governments,
         semi-governments or models thereof.

6.      Amounts mentioned by DCS are always exclusive of VAT and any
         travel and accommodation expenses.

7.      Clients may not publish any material until the remunerations and
         costs have been paid  in full to DCS.

8.      Any other use or re-use of pictures and film material is prohibited
         unless DCS has explicitely given permission in writing. DCS is
         obliged to supply their consent and the remuneration that they receive
         for it in writing. In order to protect the models and the models for whom
         DCS acts as a mediator the following applies: the fact that a written
         proposal or a copy thereof is lacking in DCS’s administration is binding
         proof of the fact that the required permission for the portrait rights has
         not been given.

9.      Publications of models that include text, computer or other simulations,
         images, background or any other effects that violate the truth or the
         model’s respectability are prohibited.

10.    Use of the models’ portrait is protected by Copyright. The conditions
         stated in the Copyright law regarding these portrait rights remain
         unimpaired.

11.    In case of unauthorised publication by the client or any of his
         employees, it is justified for DCS to set the fee for the portrait rights at
         their own discretion, plus an additional fee of 1200 EUR per model, for
         each year or part thereof that the unauthorised publication lasted .
         The fee is owed by the client.

12.    In case of repeated violation of the prohibition mentioned in article
         8 and 9 the violater is held to pay the portrait rights per model for a
         period of 5 years, worldwide, for all media and means of publication.

13.    DCS cannot be held liable for damages to matters caused by
         models or their companions.

14.    DCS cannot be held liable for damages caused by the fact that models
         do not cooperate, are too late or do not arrive at a shoot unless it can
         be proved that there is gross ommission or negligence on DCS’s part.
         Gross negligence or ommission on DCS’s part does not in any way
         apply if the models do not cooperate in shoots or castings or if they are
         ill. Also, gross negligence or ommission does not apply if the models
         booked via DCS do not uphold agreements or contracts that they have
         entered into with the client.

15.    For models that do not cooperate, do not follow the directions by the
         director, photographer, stylist, etc., DCS may only charge portrait
         rights if the footage is successful and is indeed published. In all cases,
         DCS will charge the hourly and travel costs and expense fees.

16.    If a booking is cancelled 48 hours in advance, no costs will be charged.
         If a booking is cancelled only 24 hours in advance, DCS will charge
         50% of the agreed amount. If the booking is cancelled on the day itself,
         DCS will charge 100% of the agreed amount.

17.    A casting is arranged by DCS at a price determined in advance.
         In addition, for castings for special events the travel costs for the
         persons that are casted will be invoiced. If the client cannot make a
         choice from the selection of people casted, the amount agreed upon
         in advance will still have to be paid.

18.    In case of an option, DCS does not check the model’s size and
         appearance. The model will, however, be checked for availability,
         although no rights can be derived from this.

19.    Payment must be effected within 14 days of the invoice date, as
         indicated by DCS and in the currency of the invoice, unless
         otherwise indicated by DCA in writing. DCS is authorized to send
         periodical invoices. If client does not pay the invoice on time, the
         client will legally be in default. The client will therefore owe an interest
         rate of 1% per month unless the legally valid interest rate is higher,
         in which case the legal interest rate will apply. The interest over the
         amount due will be calculated as per the moment the client defaults
         until the amount is paid in full.  DCS is authorised to use payments
         made by client to apply in first instance to pay costs, subsequently
         for payable interest and finally for settlement of the principal amount
         and the current interest. DCS is authorised, without running the risk
         of being in default, to refuse an offer for payment if client suggests a
         different order to settle payment.

         DCS is authorized to refuse full payment of the principal amount if it
         does not include the payable and current interest and collection costs.
         Client is never authorized to settle the amount owed to DCS.
         Objections in view of the height of the invoice will not delay the
         obligation for payment. If client is in default or omits to (timely) meet
         his obligations, all collection costs will be charged at client’s expense.
         Extra-judicial costs will be charged based on what is common
         practice in the Dutch collection business, presently being the
         caluclation method according to ‘Rapport Voorwerk II’. If, however,
         DCS has made higher expenses to collect that what reasonably can
         be considered necessary, the actual costs will be reimbursed. Any
         judicial or execution costs will also be claimed from the client. Client
         will also owe interest over the collection costs. Finally, DCS is not
         obliged to pay the model in question if client has not paid the amount
         due to DCS. 

20.    Dutch law applies to these terms and conditions, any differences of
         opinion will be put before an authorized judge in Amsterdam.


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