Conditions générales d'utilisation du site MODELMANAGEMENT.COM et de l'application mobile MODEL NOW par les agents/agences, photographes, marques, directeurs de casting, agences de publicité, sociétés de production, médias, showrooms, coiffeurs et maquilleurs, relations publiques/événements (chacun étant un "professionnel" et collectivement "les professionnels").

General terms and conditions for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by agents/ agencies, photographers, brands, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events (each a “Professional” and collectively “Professionals”)

LAST UPDATED: 15 Nov 2023

When registering for website MODELMANAGEMENT.COM and mobile application MODEL NOW, Professionals must accept the following general terms and conditions (the “GTCs”) for using website MODELMANAGEMENT.COM and mobile application MODEL NOW.

The Professional enters into this agreement on the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW with MODEL MANAGEMENT DOT COM S.L., Talent Garden Barcelona, Carrer de Ramon Turró, 169 A, 08005 Barcelona, Spain. Additional contact information, commercial registry data, as well as the name of the authorized representative of website MODELMANAGEMENT.COM and mobile application MODEL NOW are accessible via “Privacy Policy”.

A. DEFINITIONS

“MM”: MODEL MANAGEMENT DOT COM, S.L.;

“Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms,, hair and makeup artists, stylists, PR/Events, other industry professionals and spectators visiting or using website MODELMANAGEMENT.COM and mobile application MODEL NOW;

“Models”: Models of legal age or minor with the required authorisation visiting or using website MODELMANAGEMENT.COM and mobile application MODEL NOW;

“B-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, stylists, PR/Events and other industry professionals that are registered users on website MODELMANAGEMENT.COM and mobile application MODEL NOW and that use the Booking System;

“B-Models”: Models of legal age (18 years old and older) that are subscribed to website MODELMANAGEMENT.COM and mobile application MODEL NOW and that use the Booking System;

“E-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website MODELMANAGEMENT.COM or mobile application MODEL NOW and that purchase one of the Boosting services of Section E;

“M-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Marketplace;

“M-Models”: Models of legal age (18 years-old and older) that are subscribed to website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Marketplace;

“GTCs”: General Terms and Conditions for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by Models, including Sections A to C.

“GTCs Booking System”: General Terms and Conditions accepted by Models and Professionals for the use of the Booking System.

“Booking System”: Feature on website MODELMANAGEMENT.COM through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;

“Marketplace”: Feature on website MODELMANAGEMENT.COM through which registered Professionals are able to advertise and sell their professional services to a Model of legal age (18 years old or over);

“Website”: MODELMANAGEMENT.COM.

“Mobile application”: MODEL NOW.

“Total Price”: Total amount that B-Professionals must pay by PayPal, Apple Pay, credit card or any online paying mechanism approved by MM on website MODELMANAGEMENT.COM for booking a B-Model through the Booking System;

Total amount that M-Models must pay by PayPal, Apple Pay or credit card on website MODELMANAGEMENT.COM for purchasing the services of a M-Professional through the Marketplace;

“Purchasable offer”: A professional service that can be purchased by a M-Model from a M-Professional within the Marketplace on website MODELMANAGEMENT.COM

“Agreed Date”: End date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;

“Start Date”: Start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;

“Agreed Fee”: Fee agreed between the B-Professional and the B-Model for the job requested by the B-Professional to the B-Model through the Booking System.

"User": Professional or model authorized and entitled to use services provided by MM.

"Prohibited activities":It is prohibited to use the services described in this GTCs in any way that:

causes or is likely to cause interruption, damage or impairment of any services or access thereto;
interferes with or is likely to interfere with any other user of the services;
interferes with or harms any other user of the services;
is for fraudulent purposes, or in connection with a criminal or other unlawful activity;
constitutes an offer or solicitation of prostitution or pornography services or content;
in any manner not permitted by these GTCs.

"Premium Services for Professionals": Subscription to premium services provides additional features and benefits to registered users who want to take full advantage of MODELMANAGEMENTE.COM or mobile application, features fully described and permanently updated in the following links:

Memberships for photographers.
Memberships for industry professionals.
Memberships for model agencies.

B. USE OF website MODELMANAGEMENT.COM and mobile application MODEL NOW

1. Subject Matter

1 . 1 MODELMANAGEMENT.COM and mobile application MODEL NOW offers Professionals a platform for their global scouting and hiring of male and female models who have posted their photo books and profiles on website MODELMANAGEMENT.COM and mobile application MODEL NOW (the “Models”) and provides Professionals with access thereto pursuant to these GTCs. Furthermore, Professionals may use website MODELMANAGEMENT.COM and mobile application MODEL NOW to upload photos of and promote their models.

1 . 2 The Professionals may start using the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW if and when website MODELMANAGEMENT.COM and mobile application MODEL NOW has confirmed their right to do so. The right to use website MODELMANAGEMENT.COM and mobile application MODEL NOW may be obtained by invitation or upon specific request.

1 . 3 The Professional acknowledges and agrees that it is technically impossible to achieve 100% availability of website MODELMANAGEMENT.COM and mobile application MODEL NOW. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall nonetheless endeavor to keep website MODELMANAGEMENT.COM and mobile application MODEL NOW available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website MODELMANAGEMENT.COM and mobile application MODEL NOW's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

1 . 4 Website MODELMANAGEMENT.COM and mobile application MODEL NOW provides Professionals with a platform where they can establish contacts with Models, other agencies, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly. website MODELMANAGEMENT.COM and mobile application MODEL NOW does not take part in any communication between Professionals and Models and/or other users of its services. If Professionals and Models and/or other users enter into agreements with one another via website MODELMANAGEMENT.COM and mobile application MODEL NOW, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be a contracting party to these agreements. Only the Professionals and the Models and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be liable for breaches of such agreements. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be held liable if Professionals and Models and/or other users are unable to contact one another over website MODELMANAGEMENT.COM and mobile application MODEL NOW regarding such agreements.

2. Registration, and Representations and Warranties upon Registration

2 . 1 Professionals must register prior to using the “Premium Services for Professionals” of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2 . 2 The Professional represents and warrants that all of the data provided for registration are accurate and complete. The Professional shall report any changes in the registration data to website MODELMANAGEMENT.COM and mobile application MODEL NOW without undue delay.

2 . 3 The Professional shall choose a password upon registration, which is needed in order to access his/her account on website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Professional is obliged to keep this password secret. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not disclose the password to any third party and website MODELMANAGEMENT.COM and mobile application MODEL NOW’S employees shall not ask for the Professional’s password at any time. The Professional shall notify website MODELMANAGEMENT.COM and mobile application MODEL NOW immediately of any unauthorized use of the Professional’s password or account.

2 . 4 By completing the registration process, the Professional accepts these GTCs on the use of the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2 . 5 Subscription

After registration, Professionals will be able to subscribe to Premium Services for Professionals, which will give them access to the features fully described and permanently updated in the following links:

Memberships for photographers.
Memberships for industry professionals.
Memberships for model agencies.

The updated subscription fee table and payment schedule can be consulted via links above, the subscription will be granted after payment of the corresponding fee.

3. Obligations of the Professional; Consent to Disclosure of Professional’s Name

3 . 1 The Professional is obliged to provide only true and non-misleading statements in its communications with Models and shall, at all times and in all dealings and communications with Models, comply with applicable law.

3 . 2 The Professional agrees that website MODELMANAGEMENT.COM and mobile application MODEL NOW may use the Professional’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Professional is using website MODELMANAGEMENT.COM and mobile application MODEL NOW.

4. Changes to the Services on website MODELMANAGEMENT.COM and mobile application MODEL NOW

website MODELMANAGEMENT.COM and mobile application MODEL NOW reserves the right to modify the services offered on website MODELMANAGEMENT.COM and mobile application MODEL NOW and/or to offer services different from those offered at the time of the registration of the Professional at any time, unless this is unreasonable for the Professional.

5. Termination of Subscription

5 . 1 The Professional may terminate his/her subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW at any time without cause. The Professional may notify the termination to website MODELMANAGEMENT.COM and mobile application MODEL NOW by email at any time. The termination notice shall include the Professional’s registered name and e-mail address. The subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW shall terminate automatically in case the Professional does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.

5 . 2 During any term for which a Professional has paid the applicable subscription fee, website MODELMANAGEMENT.COM and mobile application MODEL NOW may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for website MODELMANAGEMENT.COM and mobile application MODEL NOW to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of website MODELMANAGEMENT.COM and mobile application MODEL NOW against those of the Professional and includes, among others, any the following events:

If the Professional fails to comply with any applicable legal provisions;
If the Professional fails to comply with any applicable legal provisions;
If the Professional causes harm to any other user(s) of website MODELMANAGEMENT.COM and mobile application MODEL NOW;
If website MODELMANAGEMENT.COM and mobile application MODEL NOW considers that the Professional is involved in any immoral activity.

5 . 3 In the following cases, the Professional shall not be entitled to claim reimbursement of any subscription fees paid:

If website MODELMANAGEMENT.COM and mobile application MODEL NOW has terminated the contract for good cause pursuant to section 5.2;
If the Professional has terminated the agreement. However, the Professional’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Professional has terminated the agreement for a good cause attributable to website MODELMANAGEMENT.COM and mobile application MODEL NOW.

6. Responsibility for the Content, Data or other Information

6 . 1 Website MODELMANAGEMENT.COM and mobile application MODEL NOW does not make any warranties or representations regarding any data and/or information provided or made available by any user on MODEL-MANAGEMENT.COM. In particular, website MODELMANAGEMENT.COM and mobile application MODEL NOW does not warrant or represent that said data and/or information is true or accurate.

6 . 2 The Professional shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on MODELMANAGEMENT.COM or contact [email protected].

7. Customer Service/Support

Queries regarding the agreement with website MODELMANAGEMENT.COM and mobile application MODEL NOW or regarding website MODELMANAGEMENT.COM and mobile application MODEL NOW services may be sent to website MODELMANAGEMENT.COM and mobile application MODEL NOW using the contact form available at all times on website MODELMANAGEMENT.COM and mobile application MODEL NOW or by sending an e-mail to [email protected].

8. Liability of website MODELMANAGEMENT.COM and mobile application MODEL NOW

Website MODELMANAGEMENT.COM and mobile application MODEL NOW (including its vicarious agents) shall only be liable for damages incurred by the Professional as a consequence of breaches of material obligations of website MODELMANAGEMENT.COM and mobile application MODEL NOW pursuant to these GTCs.

9. Indemnification

9 . 1 The Professional shall indemnify and hold website MODELMANAGEMENT.COM and mobile application MODEL NOW harmless from and against all actions, including damage claims, asserted by Models, other users or third parties against website MODELMANAGEMENT.COM and mobile application MODEL NOW resulting from an infringement of their rights by the Professional. The Professional assumes all reasonable costs MODELMANAGEMENT.COM and MODEL NOW incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of website MODELMANAGEMENT.COM and mobile application MODEL NOW, including the right to claim damages, shall remain unaffected.

10. Data Protection

Website MODELMANAGEMENT.COM and mobile application MODEL NOW recognizes that any personal data provided by the Professional to website MODELMANAGEMENT.COM and mobile application MODEL NOW is extremely important to the Professional, and website MODELMANAGEMENT.COM and mobile application MODEL NOW shall therefore be particularly sensitive in handling such data. Website MODELMANAGEMENT.COM and mobile application MODEL NOW shall comply with all applicable legal provisions regarding data protection. In particular, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not provide or otherwise disclose any personal data of the Professional to any third party without authorization. Details on website MODELMANAGEMENT.COM and mobile application MODEL NOW's treatment of personal data are set forth in the Data Protection Policy .

11. Feedback, Reputation and reviews

Professionals accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to website MODELMANAGEMENT.COM and mobile application MODEL NOW. Professionals acknowledge that they cannot use this feedback without prior written permission of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

12. Taxes

Professionals are responsible for paying their own taxes. Legal VAT, according to the Law of Spain, will be added to fees billed to Professionals, if applicable.

13. Language

Professionals accepting the GTCs for using website MODELMANAGEMENT.COM and mobile application MODEL NOW declare that they fully and perfectly understand the content of the English version of these GTCs.

14. Miscellaneous

14 . 1 Any amendments to these GTCs must be made in writing in order to be valid.

14 . 2 Website MODELMANAGEMENT.COM and mobile application MODEL NOW reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Professional. Website MODELMANAGEMENT.COM and mobile application MODEL NOW shall give due notice of any amendments of these GTCs to the Professional. If the Professional does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Professional. Website MODELMANAGEMENT.COM and mobile application MODEL NOW shall inform the Professional about the Professional’s right to object and of the relevance of the objection deadline in said notice.

14 . 3 Unless otherwise stated in these GTCs, the Professional may submit all notices to website MODELMANAGEMENT.COM and mobile application MODEL NOW using the contact form provided on website MODELMANAGEMENT.COM and mobile application MODEL NOW or by sending an e-mail to [email protected].

14 . 4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid and/or unenforceable provision shall be replaced with a valid and/or enforceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.

C. BOOKING SYSTEM OF website MODELMANAGEMENT.COM

The Booking System is a feature on website MODELMANAGEMENT.COM through which registered Professionals (herein after “B-Professionals”) are able to book subscribed Models of legal age (herein after “B-Models”) for a certain job. B-Models and B-Professionals accept the following General Terms and Conditions for using the Booking System of website MODELMANAGEMENT.COM.

1. General Terms and Conditions for the use of website MODELMANAGEMENT.COM

These General Terms and Conditions for the use of the Booking System (hereinafter “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).

2. Use of the Booking System

2 . 1 B-Professionals shall make an offer to book a B-Model through the Booking System. To this end, B-Professionals must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Model through MODELMANAGEMENT.COM. This form is available on the Website.

2 . 2 If the B-Model and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through MODELMANAGEMENT.COM.

The Fee agreed between the B-Professional and the B-Model;
Plus a 15% of the Fee, corresponding to a commission for MODELMANAGEMENT.COM;
Plus the legal VAT, according to the Law of Spain, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the Professional provides to MODELMANAGEMENT.COM a valid VAT number.

Herein after the “Total Price”.

2 . 3 The commission earned by MODELMANAGEMENT.COM is for:

creating, hosting, maintaining, and providing its Website;
the delivered services that MODELMANAGEMENT.COM makes accessible through its Website;
and to cover expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Model, limited to USD, EUR or GBP and other accepted currencies in the B-Model’s and the B-Professional’s location.. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the B-Professional must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Booking System of MODELMANAGEMENT.COM. No additional fees are charged to B-Professionals by MODELMANAGEMENT.COM for the use of payment processors.

3 . 3 MODELMANAGEMENT.COM takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Model for completing the job, hereinafter the “Agreed Date”.

3 . 4 Of the Total Price paid by the B-Professional, MODELMANAGEMENT.COM deducts the commission, which covers the expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-Model no later than 48 hours after the Agreed Date.

If MODELMANAGEMENT.COM is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, MODELMANAGEMENT.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Model and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, MODELMANAGEMENT.COM will charge the Total Price 1 month after the Agreed Date and transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of MODELMANAGEMENT.COM.

3 . 5 MODELMANAGEMENT.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Professional will have to pay the owed amount to website MODELMANAGEMENT.COM.

3 . 6 B-Professionals agree not to make any chargebacks or reverse any payment made by them to MODELMANAGEMENT.COM.

3 . 7 Payments made via Mangopay will adhere to these terms and conditions.

4. Cancellations and refunds

4 . 1 B-Models may cancel the booking at any time within the booking date and the Agreed Date. If the B-Model cancels the booking, the Total Price paid by the B-Professional to website MODELMANAGEMENT.COM is refunded to the B-Professional no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM. If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to MODELMANAGEMENT.COM no later than 24 hours after the Agreed Date.

4 . 2 B-Professionals may cancel the booking before the B-Model delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).

If the B-Professional cancels the booking before the B-Model delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: website MODELMANAGEMENT.COM charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Professional no later than 14 days after the notification of the cancellation to website MODELMANAGEMENT.COM;

If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Model has delivered to him/her any of the services agreed between them, the Total Price is charged by website MODELMANAGEMENT.COM. Website MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C).

5. Intervention of website MODELMANAGEMENT.COM

5 . 1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and website MODELMANAGEMENT.COM.

5 . 2 The intervention of website MODELMANAGEMENT.COM in the transaction is only for the following purposes:

To provide, host and maintain a list of Models on the Website in order to enable the B-Professionals to select Models for the services that they may require;

To supervise that the B-Professional correctly pays the Total Price;

5 . 3 website MODELMANAGEMENT.COM is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of website MODELMANAGEMENT.COM. Website MODELMANAGEMENT.COM does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible for the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.

If any worker of website MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including website MODELMANAGEMENT.COM, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.

Website MODELMANAGEMENT.COM is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 B-Models and B-Professional agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 B-Agents and B-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for:

any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.

5 . 6 Website MODELMANAGEMENT.COM does not offer any form of insurance since the Website only provides an online venue for B-Professionals to make and offer and buy services of B-Models.

5 . 7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to website MODELMANAGEMENT.COM up until 24 hours after the Agreed Date.

If website MODELMANAGEMENT.COM receives the complaint within the above mentioned period, the Total Price paid by the B-Professional is held by MODELMANAGEMENT.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to MODELMANAGEMENT.COM and no agreement is reached between the B-Model and the B-Professional regarding the complaint, the Total Price is released by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them;

If MODELMANAGEMENT.COM receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section C). MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them. B-Professionals acknowledge and accept that if the complaint is made after the above mentioned period, the commission of MODELMANAGEMENT.COM will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:

The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELMANAGEMENT.COM.

If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELMANAGEMENT.COM.

If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELMANAGEMENT.COM.

6 . 3 B-Professionals and B-Models agree and acknowledge that MODELMANAGEMENT.COM does not provide legal services or legal advice of any kind.

D. MARKETPLACE OF MODELMANAGEMENT.COM

The Marketplace is a feature on website MODELMANAGEMENT.COM through which registered Professionals (hereinafter “M-Professionals”) are able to offer their professional services to subscribed Models of legal age (hereinafter “M-Models”). M-Models and M-Professionals accept the following General Terms and Conditions for using the Marketplace of website MODELMANAGEMENT.COM.

1. General Terms and Conditions for the use of website MODELMANAGEMENT.COM

These General Terms and Conditions for the use of the Marketplace (hereinafter “GTCs Marketplace”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Marketplace (Section C).

2. Use of the Marketplace

2 . 1 M-Professionals shall post a professional service as a purchasable offer for M-Models through the Marketplace. To this end, M-Professionals must determine in their purchasable offer the specific description of the purchasable offer, what the M-Models will receive and the fee that they consider adequate for this purchasable offer. The purchasable offer can be purchased by M-Models by submitting a specific form to a concrete M-Professional through MODELMANAGEMENT.COM. This form is available on the MODELMANAGEMENT.COM Website.

2 . 2 The M-Model is obliged to pay for the purchasable offer through MODELMANAGEMENT.COM.

The Fee displayed for the Marketplace purchasable offer by the M-Professional;
20% of the Fee, which is included in the displayed fee on the MODELMANAGEMENT.COM website, corresponds to a commission for MODELMANAGEMENT.COM;

Plus the legal VAT, according to the Law of Spain, if applicable. Value Added Taxes are charged to EU residents unless the M-Professional provides to MODELMANAGEMENT.COM a valid VAT number.

Hereinafter the “Total Price”.

2 . 3 The commission earned by MODELMANAGEMENT.COM is for:

creating, hosting, maintaining, and providing its Website; the delivered services that MODELMANAGEMENT.COM makes accessible through its Website; and to cover expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1 The currency of the Agreed Fee is agreed between the M-Professional and the M-Model, limited to USD, EUR or GBP and other accepted currencies in the M-Model’s and M-Professional’s location. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the M-Model must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Marketplace of MODELMANAGEMENT.COM. No additional fees are charged to M-Models by MODELMANAGEMENT.COM for the use of payment processors.

3 . 3 MODELMANAGEMENT.COM takes and holds the money paid through the Marketplace and only releases it to the M-Professional after the agreed purchasable offer has been completed with the M-Model, hereinafter the “Completed Date”.

3 . 4 Of the Total Price paid by the M-Model, MODELMANAGEMENT.COM deducts the commission, which covers the expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the M-Professional no later than 30 days after MODELMANAGEMENT.COM receives the invoice from the M-Professional.

If MODELMANAGEMENT.COM is informed by the M-Model or by the M-Professional of a dispute between them regarding the purchasable offer completion or if there are technical problems, MODELMANAGEMENT.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the M-Model and the M-Professional, or the technical problems are not solved within 1 month after the Completed Date, MODELMANAGEMENT.COM will charge the Total Price 1 month after the Completed Date and transfer to the M-Professional the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the M-Model and the M-Professional will have to be solved judicially and extra-judicially with no intervention of MODELMANAGEMENT.COM.

3 . 5 MODELMANAGEMENT.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the M-Model will have to pay the owed amount to website MODELMANAGEMENT.COM.

3 . 6 M-Models agree not to make any chargebacks or reverse any payment made by them to MODELMANAGEMENT.COM.

4. Cancellations and refunds

4 . 1 M-Professionals may cancel the purchasable offer at any time before the purchasable offer has been realised by the M-Professional. If the M-Professional cancels the purchasable offer, the Total Price paid by the M-Model to website MODELMANAGEMENT.COM is refunded to the M-Model no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM. If the M-Professional cancels the purchasable offer it is the responsibility of both the M-Professional and the M-Model to notify the cancellation to MODELMANAGEMENT.COM no later than 24 hours after notice of the cancelation.

5. Intervention of website MODELMANAGEMENT.COM

5 . 1 If the M-Model effectively purchases a purchasable offer from a M-Professional through the Marketplace, the persons intervening in this process are the Professional, the Model and website MODELMANAGEMENT.COM.

5 . 2 The intervention of website MODELMANAGEMENT.COM in the transaction is only for the following purposes:

To provide, host and maintain a list of Models on the Website in order to enable the M-Models to select offers from M-Professionals that they may require;

To supervise that the M-Model correctly pays the Total Price;

5 . 3 website MODELMANAGEMENT.COM is only an intermediary. The agreement is reached by the M-Model and the M-Professional without any recommendation of website MODELMANAGEMENT.COM. Website MODELMANAGEMENT.COM does not take any decision on the suitability of a purchasable offer for a M-Model from a M-Professional. The only person responsible for the decision and of the adequacy for a concrete offer is the M-Model.

If any worker of website MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including website MODELMANAGEMENT.COM, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.

Website MODELMANAGEMENT.COM is not responsible for the offer carried out by the M-Professional. M-Models and M-Professional agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for any issue arising between them regarding the completion of the specific offer. The responsibilities of the M-Professional and the M-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 M-Models and M-Professionals agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 M-Professionals and M-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for:

any expenses, including travelling and food expenses, incurred by the M-Model or the M-Professional; the correct completion of the job; the veracity or accuracy of any document or information given between the M-Model or the M-Professional; and the use by the M-Models and/or the M-Professional of the information and documents exchanged between them.

5 . 6 Website MODELMANAGEMENT.COM does not offer any form of insurance since the Website only provides an online venue for M-Professionals to make purchasable offers for M-Models to purchase.

5 . 7 Depending on the applicable jurisdiction, M-Models and M-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1 M-Models can raise any complaints that they may have regarding the completion of the purchasable offer by the M-Professional to website MODELMANAGEMENT.COM up until 24 hours after the completion of the purchasable offer.

If website MODELMANAGEMENT.COM receives the complaint within the above mentioned period, the Total Price paid by the M-Model is held by MODELMANAGEMENT.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to MODELMANAGEMENT.COM and no agreement is reached between the M-Model and the M-Professional regarding the complaint, the Total Price is released by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4 (Section D) and any dispute that may arise between the M-Professional and the M-Model shall be solved judicially or extra-judicially by them;

If MODELMANAGEMENT.COM receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section D). MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section D) and any dispute that may arise between the M-Professional and the M-Model shall be solved judicially or extra-judicially by them. M-Models acknowledge and accept that if the complaint is made after the above mentioned period, the commission of MODELMANAGEMENT.COM will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the M-Professional and the M-Model through the Marketplace arises:

The M-Professional and the M-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELMANAGEMENT.COM.

If the M-Professional and the M-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELMANAGEMENT.COM.

If the M-Professional and the M-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELMANAGEMENT.COM.

6 . 3 M-Professionals and M-Models agree and acknowledge that MODELMANAGEMENT.COM does not provide legal services or legal advice of any kind.

E. BOOSTING SERVICES

The Boosting services are a feature on website MODELMANAGEMENT.COM through which registered Professionals (herein after “E-Professionals”) can purchase before posting one casting.

1. General Terms and Conditions for the use of Boosting Services

1.1. These General terms and conditions for the use of Boosting services (hereinafter “GTCs Boosting Services") include all the above-mentioned terms and conditions (Section A and D) as long as they are not contrary to the GTCs Boosting Services (Section E).

1.2. E-Professionals shall be able to increase their search range or have a wider reach in order to find the ideal Model for their castings by contracting Boosting Services. These are optional services that E-Professionals can take advantage of to improve the positioning of their casting posts or get help to widen the range of visibility.

1.3. The purchase of boosting services does not exempt from compliance with the publication rules set out in these GTC and recommendations published on MODELMANAGEMENT.COM or its blog. E-Professionals must provide all information requested by the MM team in a timely manner.

1.4. These services can be purchased after the publication of any casting. The services are a one-time purchase and apply to one casting post only, do not imply a subscription and are not renewable. Professionals can purchase multiple boosting services for one casting.

1.5. No removal, transfer or change of the type or duration of service that has already been applied to a casting post is possible, regardless of whether the casting is withdrawn by the moderation team or is affected by a technical issue.

1.6. The services are an improvement in the search strategy without guaranteeing the final recruitment of more and better candidates, as it depends on the characteristics of the casting and the registered models. Under no circumstance MM will have a direct role in the decision on the choice of the Model, which is in any case a decision to be made by the Professional.

1.7. Each service has a different price and activation period. All services are subject to availability depending on the country, job required, sector or model. MM reserves the right to modify the services at any time. The Professional will be notified and will have the right to change or cancel the service in advance of the changes taking place, provided that they have not yet been applied.

1.8. Prior to the completion of the purchase, the Professional will always be informed about the chosen service(s) and must expressly accept all these GTC.

2. Boosting Services offered by MM

The Boosting Services offered by MM and selectable by Professionals are the following.

2.1. Launcher service

The purpose of the Launcher service is to increase the number of models who see the casting by at least fifty percent (50%) as long as there are sufficient registered models in the required location. After purchasing the Launcher service, MM team will manually process 50% more invitations than the initial result, in order to increase by at least fifty percent (50%) of the visualization result.

The price of Launcher service will be detailed before selecting the type of service and in any case before completing the purchase. MM team will have a period of twenty-four (24) working hours to apply the service to the casting post, counting from email notification of payment. The working hours are from Monday to Friday from 9:30 am CET to 5:00 pm CET. The 24-hour period shall not include weekends or public holidays in the City of Barcelona. For example, if email notification of payment takes place on a Friday at 10:00 am CET, the period will be interrupted after 5:00 pm CET and will resume on the next working day that is not a public holiday.

2.2. Outstanding service

The purpose of the Outstanding Service is to increase the quality of the applicants. MM team will carry out a more exhaustive search and will suggest all registered models who best meet the criteria to apply for the casting.

The price of Outstanding service will be detailed before selecting the type of service and in any case before completing the purchase. MM team will have a period of twenty-four (24) working hours to apply the service to the casting post, counting from email notification of payment. The working hours are from Monday to Friday from 9:30 am CET to 5:00 pm CET. The 24-hour period shall not include weekends or public holidays in the City of Barcelona. For example, if the email notification of payment takes place on a Friday at 10:00 am CET, the period will be interrupted after 5:00 pm CET and will resume on the next working day that is not a public holiday.

2.3. Urgent service

The purpose of Urgent service is to get a quicker response to the casting post, boosting the number of applicants within twelve (12) hours. MM team will suggest all registered models who best meet the criteria to apply for the casting.

The price of Urgent service will be detailed before selecting the type of service and in any case before completing the purchase. MM team will have a period of twelve (12) working hours to activate the service, counting from the email notification of payment. The working hours are from Monday to Friday from 9:30 am CET to 5:00 pm CET. The 12-hour period shall not include weekends or public holidays in the City of Barcelona. For example, if the email notification of payment takes place on a Friday at 10:00 am CET, the period will be interrupted after 5:00 pm CET and will resume on the next working day that is not a public holiday.

2.4. Agent assistance service

The purpose of the Agent assistance Service is to ensure that Models that best fulfill the requirements of the casting post apply to it.

To this end, MM team will contact the Professional who has published the casting post and purchased the service, to obtain more information about it, to be clear about the applicants needed. Subsequently, MM will carry out an exhaustive search and will contact the Models and suggest that they apply for the casting.

The price of Agent assistance service will be detailed before selecting the type of service and in any case before completing the purchase. MM team will have a period of twenty-four (24) working hours to start the Agent assistance service, counting from the email notification of payment. The working hours are from Monday to Friday from 9:30 am CET to 5:00 pm CET. The 24-hour period shall not include weekends or public holidays in the City of Barcelona. For example, if the email notification of payment takes place on a Friday at 10:00 am CET, the period will be interrupted after 5:00 pm CET and will resume on the next working day that is not a public holiday.

2.5. Improve your casting service

The purpose of the Improve your casting service is to create a casting post providing a more detailed description and images that capture the interest of Models, in order to make it more attractive to applicants.

Once the casting has been published and the service has been purchased, MM will contact the Professional to make the image editors and copywriters available. MM team will edit the casting post according to the Professional’s needs.

The price of Improve your casting service will be detailed before selecting the type of service and in any case before completing the purchase. MM team will have a period of twenty-four (24) working hours to start the Improve your casting service, counting from the email notification of payment. The 24-hour period shall not include weekends or public holidays in the City of Barcelona. For example, if the email notification of payment takes place on a Friday at 10:00 am CET, the period will be interrupted after 5:00 pm CET and will resume on the next working day that is not a public holiday.

3. Method and conditions of payment

3.1. The currency of the price is USD/EUR/GBP. The Total Price is charged in the same currency.

3.2. The payment of the Total Price by the E-Professional must be made by PayPal, Apple Pay, or credit card through the mechanisms available on the Boosting Services of MODELMANAGEMENT.COM. No additional fees are charged to E-Professionals by MODELMANAGEMENT.COM for the use of payment processors.

3.3. Notwithstanding the foregoing, the provision of any service shall be subject to the applicable VAT, which shall be detailed before completing the purchase.

3.4. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed, and the E-Professional will have to pay the owed amount to website MODELMANAGEMENT.COM.

3.5. E-Professionals agree not to make any chargebacks or reverse any payment made by them to MODELMANAGEMENT.COM.

3.6. E-Professionals may request an invoice for the purchase of boosting services, for which more information can be found at [email protected]. The requested invoice will be issued in Euros.

4. Cancellation and refunds

4.1. Boosting services will be reimbursed in case the casting expires prior to the provision of the boosting service. In the event that the E-Professional’s profile is not approved by the MM team, and a boosting service purchase has been made, it will be refunded.

4.2. The Professional shall be entitled to terminate the service contract with the right to reimbursement of the price paid, in the event of failure in the application of a Boosting service purchased for reasons not attributable to the Professional. In this regard, the deadline for requesting reimbursement is twelve (12) hours from the email notification of payment, except for the Urgent service, which is reduced to six (6) hours from the email notification of payment.

4.3. Each service has a maximum activation period, which, if not met, the Professional may request the termination of the contract for the provision of said service and, consequently, obtain a refund of the price paid.

4.4. MM will reimburse the Professional within a maximum period of 14 calendar days after the notification to MODELMANAGEMENT.COM. Both the incident and the desire to terminate the contract can be communicated through [the following form/mailbox/email].

5. Intervention of MODELMANAGEMENT.COM

5.1. If the E-Professional effectively purchases a Boosting service from MM, the person intervening in this process are the Professional and website MODELMANAGEMENT.COM.

5.2. The intervention of website MODELMANAGEMENT.COM in the transaction is as a part of the reached Boosting services agreement.

5.3. MODELMANAGEMENT.COM does not take any decision on the suitability of a Model for a certain job. The only persons responsible for the decision and of the adequacy of the services of a Model for a concrete job are the E-Professional and the Model.

5.4. If any worker of website MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including website MODELMANAGEMENT.COM, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.

5.5. Website MODELMANAGEMENT.COM is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for any issue arising between them regarding the completion of the specific job.

5.6. B-Professionals are responsible for attending to and complying at all times with the laws, rules, regulations and contracts with third parties that are applicable to the services or content they offer.

F. Refund Policy

Refund policy for website MODELMANAGEMENT.COM users:

The PROFESSIONAL can request the reimbursement of their payment for a service within the period established by law (14 DAYS). If a refund is requested by a M-Model for a Marketplace purchasable offer, the M- Professional will be notified and the payment to the M- Professional will be cancelled.

Refunds on services contracted for a period of time after the said 14 day period, cannot be made.

Refunds on membership renewals cannot be made.

Refunds can be offered only if the user did not use any of the Premium features, including initiating conversations with any model or professional using messaging feature on MODELMANAGEMENT.COM.

For more information when reimbursement cannot be made please check in the section “5.Termination of Subscription”.

A full refund will be offered to Professionals who have an account which can’t be approved.

Refund rules for Mobile APP “Model Now” including the Free trial, are set by iTunes or Google play. Models or Professionals subscribed to the Free trial on Mobile APP “Model Now”, who have been charged at the completion of the Free trial are informed about cancelling and the refund policy before subscribing to the free trial:

iTunes: ‘‘Policy: You can cancel until 1 day before every renewal date in settings --> Apple ID. Subscription is automatically renewed until its cancelled’

Apple Terms. If you use or download this application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement

You also agree to Apple's Privacy Policy

Google Play: “Cancel at any time in Subscriptions on Google Play. You won’t be charged if you cancel before the end of the free trial.”

Free trial shall be canceled through the APP as it applies only for APP users and cannot be done through the web.

If a Model or Professional has been charged after a Free trial and a refund is required, the Model or Professional should contact iTunes or Google Play directly. Check here for more information :
iTunes refund policy
Google Play refund policy

G. APPLICABLE LAW AND COMPETENT COURTS

GTCs governing the website and mobile application, as well as the relationships that may arise from them, are protected and subject to Spanish Law, with exclusion of foral law. For the resolution of any type of controversy, litigation or discrepancy that may arise between any user and MM, due to the use of website or mobile application, it is agreed to submit to the Courts and Tribunals of Barcelona.

In the event that you are acting as a consumer and the mandatory consumer law applicable in your country of residence contains provisions that are more beneficial to you, those provisions will apply irrespective of your choice of law in Spain. If you are acting as a consumer, you may bring any legal proceedings in relation to these GTC in the competent court of MM’s registered office in Spain. If MM wishes to enforce any of its rights against you as a consumer, it may only do so in the courts of the jurisdiction in which you are resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Barcelona’s courts.

H. COPYRIGHT AND OTHER RIGHTS

All content included in or made available by MM, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of MM and is protected by Spanish and international copyright and authors’ rights laws and database right laws.

Other than to extent necessary to use the MM services for their permitted purposes and in accordance with these GTCs, you may not copy, extract and/or re-utilize any content of MM without express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the MM Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the MM Services or their content without our express written consent.

I. CONTACT POINT FOR COMMUNICATION

Authorities: [email protected].

Users: Contact us.

J. CONTENT PARAMETERS

MM uses an algorithm to generate search results that capture the user's attention. It does this by sifting through the millions of ads for each specific search. It works as follows: the user enters certain search criteria and the algorithm returns those ads that meet the requirements they have selected.

MM has several filters that help users to narrow down their searches. The algorithm takes many factors into accounts when deciding how to rank the results, but some carry more weight than others. These are the main parameters:

Search parameters used (e.g., price, time and duration, job required, country)
Characteristics of the post (e.g., prices, dates, reviews, category)
User requirements and preferences.
Rating and activity.
The purchasing of any Boosting services (Section E) by Professionals that give them a higher visibility of their casting posts.

The search results displayed on MODELMANAGEMENT.COM and the mobile application may be different.

K. INFORMATION ON THE AVERAGE MONTHLY NUMBER OF ACTIVE RECIPIENTS IN THE EU

Pursuant to article 24(2) of the Digital Services Act, by 17 February 2023 and at least once every six months thereafter, online platforms “shall publish for each online platform or online search engine, in a publicly available section of their online interface, information on the average monthly active recipients of the service in the Union, calculated as an average over the period of the past six months and in accordance with the methodology laid down in the delegated acts referred to in Article 33(3)”.

MM is excluded from publishing the above mentioned information by virtue of article 19 DSA. Nevertheless, MM will make available to the relevant authority the information requested in due time and manner.