Terms and conditions

1. GENERAL REMARKS

1.1. The following provisions are intended to govern the legal relations between models, Le Management and the respective clients in a binding manner, unless other agreement have been expressly made for specific cases.

1.2. Any agreement entered with Le Management is subject to the provisions of these terms and conditions. The Agency shall make declarations to the client in the name and on behalf of the model.


2. DEFINITIONS

2.1. “Client”: Is a reference to any person, legal entity or representative that is entering into an agreement with Le Management with the intention of procuring any of Le Managements offered services.

2.2. “Material”: All images, still and/or moving, also including behind the scene shots that originates from a specific session in which a model or makeup artist from Le Management is recognizable. Any sound recorded on set is regarded as part of the material.

2.3. “Session”: Collective reference to the actual period of time, in which the photoshoot, recording of any material, shows or representations takes place.

2.4. “Option”: Options are reservations subject to a binding date.

2.5. “Confirmed”: Any options that have been confirmed shall be considered binding for both parties. At the client’s request, the agency must confirm them in writing without delay, indicating essential details.


3. COMPANY INFORMATION

3.1. Le Management ApS is a Danish company with VAT-number 33060009 with its principal offices at Aaboulevarden 52, 2- 4th floor, 8000 Aarhus C, Denmark hereinafter referred to as “Le Management”.


4. HANDLING FEE & VAT

4.1. Agreed upon prices include Le Management’s commission but is excluded a handling fee of 50 DKK

4.2. In compliance with the Danish Fashion Ethical Charter, a health and well-being fee of 75 DKK is added to the invoice.

4.3. VAT is added to the total sum of the entire invoice.


5. THE DANISH FASHION ETHICAL CHARTER

5.1. Le Management is part of the Danish fashion ethical charter to secure young model’s health and well-being. Behind the project is Denmarks eight biggest model agencies, Landsforeningen mod Spiseforstyrrelser og Selvskade, Danish Fashion Institute Copenhagen Fashion Week and Dansk Mode og Tekstil.


6. CANCELLATION

6.1. Any options of models and/or makeup artists that has been confirmed by a client requires full payment of the agreed upon fee. Payment is subject to the provisions of these terms, cf. article 15.

6.2. If the model should make the cancellation, the agency shall make every effort, even calling in another agency if necessary, to find an adequate substitute for the client, please also cf. with point 6.2.


7. MODEL’S APPEARANCE

7.1. Physical specifications and look of the model shall be those that may reasonably be identified from the principal materials or images relating to the Model most recently disclosed by Le Management to the Client.

7.2. Prior to each Session, Client shall have the right to judge in good faith whether the Models appearance conforms with the principals of point 6.1. Should the Client judge that the Models appearance is not consistent with point 6.1. and should it not be possible, as the case may be, to have the Model in a condition that is consistent with what is to be expected after point 6.1., within a term which permits the Session to take place in accordance with the Schedule, the Client is required to immediately inform Le Management of this. Le Management retains the right to, within a reasonable timeframe, that does not postpone the Session in a substantial manner, to find a substitute to the Model.

7.3. The Client may not materially change the Model’s appearance without the models and Le Managements prior approval.


8. RIGHTS LICENSED

8.1. If nothing else is agreed upon, all bookings include the rights to use the material on the rights owners own homepage and catalog.

8.2. If the material is to be used in a further extent than mentioned above in 7.1. this must be agreed upon explicitly and in writing with Le Management.

8.3. Any booking is personal to the Client and therefor the Client may not without written approval from Le Management assign its rights hereunder to any third party that being company, legal entity or person.

8.4. Any utilizations going beyond those listed above, in particular, but not limited to posters, billboards, packaging, displays, videos, as well as any use of the model’s name, shall require the express written consent of the agency.

8.5. Any utilization of rights before the agreed amount has been fully paid shall be prohibited.


9. LICENSED TERM

9.1. Any licensed rights are valid for a term of six (6) months unless otherwise agreed.

9.2. The Licensed Term commences from the first actual use of the Material. If the rights owner has acquired multiple rights for different usages, the term commences for the collective of rights from the first commercial use of any of the rights.

9.3. After each respective Licensed Term the Client shall refrain from exploiting the Materials. Client is obligated to take any reasonable steps to ensure removal of materials and easing of use of the Materials upon expiry of the Licensed Term.

9.3.1. Client is not responsible for removing material that has been posted on social media platforms, such as, but not limited to Instagram and Facebook, or in press related publications, but is not entitled to repost or post any material past the expiry date of license term.


10. TERRITORY

10.1. Unless otherwise agreed upon, any rights licensed, is only eligible for use in a territory delimited by the borders of the Kingdom of Denmark. If the client is part of an international group or concern, the utilization of rights is not granted for any subsidiaries or parent companies in additional territories, unless otherwise agreed upon.


11. INELIGIBLE USAGE

11.1. The client is responsible for any unauthorized utilization of the rights granted to them. This is including rights licensed, term and/or a breach of territory. In the event of an unauthorized utilization should take place by the Client, Le Management will determine a suitable compensation such usage. Any compensation will be based on the market price for the unauthorized usage.


12. LIABILITY ON SET

12.1. Any props, clothing or accessories that is used on set during the session happens at the client’s instructions and responsibility.

12.2. Client is liable for any props, clothing or accessories that has been procured on the client’s request and can’t be returned to the company from which it was purchased.


13. DELAYED FLIGHTS & FORCE MAJURE

13.1. An event of “Force Majeure”, as such term is used herein, shall mean any event of an act of nature, strike or threat of strike, fire, adverse climatic conditions, war, insurrection or mob violence, requirement or regulation of any government, breakdown of plant or equipment or any other disabling cause which is beyond reasonable control of both parties. Le Management cannot be held responsible for any direct or indirect damages due to a Force Majeure event.

13.2. Le Management is not liable for delayed or canceled flights.


14. TRAVEL

14.1. If nothing else has been agreed upon, client shall cover travel expenses. Models or Make-up artists residing at, or not traveling to, the location shall not receive a refund for costs of overnight stays or accommodations.

14.1.1. Models or Make-up artists that is to travel by car to the agreed location, the Danish state’s official kilometer rate is applicable.

14.2. Any transit to location that is requested by the client which exceeds 1 hour in length, is subject to a transportation fee of 285 DKK per hour or part of, not including the initial hour.


15. WORKING HOURS

15.1. The working hours shall begin when the model meets the client at the agreed location and the agreed time. Preparations such as makeup and hairstyling shall count as working hours.

15.2. Unless otherwise agreed, the working hours for a session by the day shall amount to eight (8) hours, for a half-day booking, four (4) hours. The working hours for a session must be placed within the time frame of 0800 hours’ local time and end no later than 1800 hours’ local time. For sessions that amounts to a full day, clients must include at least a 30-minute paid lunch break.

15.3. Travel together with the client form the hotel to the place of work (location) and back again shall be included in the working hours. Travel time amounting to a maximum of one hour per day shall be considered a favor and not put to account.

15.4. Overtime shall be remunerated at 17% of the agreed daily shoot fee for each hour or part of an hour.

15.5. The agreed daily shoot fee cannot be renegotiated or reduced due to early completion of the Session.


16. TERMS AND CONDITIONS OF PAYMENT

16.1. The full fee, including but limited to, the models fee, agency commission, recompense for days of travel and travel expenses, shall be due upon receipt with no discounts.

16.2. Rights of use shall not be granted until the agreed fee has been paid. Any usage before the agreed amount has been fully paid shall be prohibited.

16.3. Unless otherwise agreed upon, if the Client haven’t previously purchased any of Le Managements services, and the annual accounts doesn’t show a minimum of 1.000.000 DKK in turnover, or equivalent hereto, payment must be made no later than one (1) day prior to the session.


17. CONFIDENTIALITY

17.1. Neither party may use, divulge or communicate to any person any confidential information of the other party which may come to its knowledge.

17.2. If either party becomes aware of any breach of confidence of any of its employees, agents, personnel or sub-contractors it shall immediately inform the other party hereof.


18. NEWSLETTERS

18.1.By entering into a booking agreement with Le Management you accept to be enrolled into our newsletter on email. You can freely opt-out out of the newsletter anytime, just follow the instructions in the e-mail. We only send you relevant newsletters related to the services you previously have booked with Le Management.


19. BANKRUPTCY

19.1. In the unfortunate event that client has filed for liquidation or bankruptcy, all rights to any material licensed by Le Management is forfeited.


20. GDPR

20.1. For information on how we process your personal data, please refer to our policy notice here: https://lemanagement.dk/privacy-notice/

20.2. You are welcome to direct any enquires regarding the processing of personal data to: [email protected]


21. FINAL PROVISIONS

21.1. The laws of the Kingdom of Denmark shall apply to all parties to these booking conditions, agency, client and model.

21.2. The exclusive venue for jurisdiction for all disputes arising from these general terms and conditions shall be Aarhus, Denmark.

21.3. The client shall undertake to make alterations or supplements to the bookings and deviations from these terms and conditions only after previous consultation with the agency and shall refrain from enjoining the models to alter or make additions to the bookings during the days of work.

21.4. No waiver of any provisions of these terms and conditions shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Also, should any provisions be held by a court of competent jurisdiction to be illegal, invalid or enforceable, such provision may be modified by the court in compliance with the law giving the effect to the intent of the Parties and enforced as modified. All other terms and conditions shall remain in full force and effect and shall be construed in accordance with the modified provision.



Last modified: 05.06.18