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General terms and conditions for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by models (“Models”)

By logging on to website MODELMANAGEMENT.COM and mobile application MODEL NOW Models accept the following General Terms and Conditions (hereinafter the “GTCs”) for using website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Model enters into this agreement on the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW services with Creative Talent Evolution S.L., Moll de Barcelona, WTC, 08039 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

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

“Models”: Models 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, PR / Events other industry professionals and spectators that are registered users on website MODELMANAGEMENT.COM or 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 or mobile application MODEL NOW and that use the Booking System;

“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;

“Website”: MODELMANAGEMENT.COM.

“Mobile application”: MODEL NOW.

“Total Price”: Total amount that B-Professionals must pay by PayPal or credit card on website MODELMANAGEMENT.COM for booking a B-Model through the Booking System;

“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.

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

1. Subject Matter 1.1 website MODELMANAGEMENT.COM and mobile application MODEL NOW offers Models a platform for presenting their profiles and photo books and for arranging business contacts, particularly with agents/agencies and photographers.

1.2 Certain limited features of website MODELMANAGEMENT.COM and mobile application MODEL NOW are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by Models are set forth under 'Fees'. The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Model shall be due immediately upon registration on website MODELMANAGEMENT.COM and mobile application MODEL NOW. Payments can be made using the various payment methods, or the available online payment systems. The Model may start using the Premium Services if and when website MODELMANAGEMENT.COM and mobile application MODEL NOW has received the applicable subscription fee.

1.3 The Model 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 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 Models with a platform on which to establish contact with other persons or entities, in particular model agencies. website MODELMANAGEMENT.COM and mobile application MODEL NOW does not take part in any communication between Models and/or any other users of its services. If 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. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be held liable if users are unable to contact one another over website MODELMANAGEMENT.COM and mobile application MODEL NOW regarding such agreements. Furthermore, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be liable for breaches of agreements entered into between users.

2. Registration on website MODELMANAGEMENT.COM and mobile application MODEL NOW

2.1 Models must register prior to using the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2.2 The Model shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Model for public display with the Model’s profile, whereas the Model’s real name will not be made publicly available. The Model shall report any changes in the registration data to website MODELMANAGEMENT.COM and mobile application MODEL NOW without undue delay.

2.3 The sign-up to the platform by persons of minor age is not allowed, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with the applicable regulations. In any case, it will be presumed that the sign-up to the platform MODELMANAGEMENT.COM or mobile application MODEL NOW by a person of minor age has been made with the prior and express authorization of his/her parents, guardians or legal representatives. For preliminary information on the legal age in each country, see the attached Wikipedia-page

2.4 The Model 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 Model 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 Model’s password at any time. The Model shall notify website MODELMANAGEMENT.COM and mobile application MODEL NOW immediately of any unauthorized use of his/her password or account.

2.5 By completing the registration process, the Model accepts these GTCs on the use of the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW. website MODELMANAGEMENT.COM and mobile application MODEL NOW accepts this offer by activating the services on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2.6 It is agreed that once the Model completes profile information such as gender, ethnicity, age etc, these will be shown publicly.

3. Obligations of the Model

3.1 The Model is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.

3.2 The Model shall post on website MODELMANAGEMENT.COM and mobile application MODEL NOW only photographs, videos, content and other materials (the “Content”) that are in compliance with the guidelines for photographs published by website MODELMANAGEMENT.COM and mobile application MODEL NOW under “guidelines”. The Model warrants and represents that the public display of such Content is not prohibited. The Model agrees that Trusted Photographer may directly upload photos and videos of the Model that they take.

3.3 The Content posted by the Model shall comply with all applicable legislation, and respect all third-party rights. In particular, the Model shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).

3.4 The Model shall not distribute or publicly disclose the contents of website MODELMANAGEMENT.COM and mobile application MODEL NOW, or perform any actions which may impair the operability of website MODELMANAGEMENT.COM and mobile application MODEL NOW’s infrastructure, particularly actions which may overload said infrastructure.

3.5 The Model agrees that website MODELMANAGEMENT.COM and mobile application MODEL NOW may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Model 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 Model at any time, unless this is unreasonable for the Model.

5. Termination of Subscription

5.1 The Model may terminate his/her subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW at any time without cause. The Model may delete the account visiting https://www.modelmanagement.com/dashboard/edit-model/ and clicking on the button “Delete account”.

The subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW shall terminate automatically in case the Model 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 Model 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 Model. A good cause includes, among others, any the following events:

5.3 In the event of a good cause in accordance with section 5.2, website MODELMANAGEMENT.COM and mobile application MODEL NOW is entitled to:

5.4 In the following cases, the Model shall not be entitled to claim reimbursement of any subscription fees paid:

6. Responsibility for the Model’s 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 website MODELMANAGEMENT.COM and mobile application MODEL NOW. 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, or that it fulfils or serves any particular purpose.

6.2 he Model shall report any activities of any other user which violate applicable laws, and/or any of these GTCs using the contact form available on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

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’s services may be sent to website MODELMANAGEMENT.COM and mobile application MODEL NOW using the contact form available 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 suffered by the Model as a consequence of its subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW if website MODELMANAGEMENT.COM and mobile application MODEL NOW is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Model.

9. Indemnity

9.1 The Model shall indemnify and hold website MODELMANAGEMENT.COM and mobile application MODEL NOW harmless from and against all actions, including damage claims, asserted by other users or third parties against website MODELMANAGEMENT.COM and mobile application MODEL NOW resulting from an infringement of their rights by the Contents posted by the Model on website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Model assumes all reasonable costs website MODELMANAGEMENT.COM and mobile application 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.

9.2 In the event the Contents posted by the Model infringes any rights of any third party, the Model shall, at his/her own expense and at website MODELMANAGEMENT.COM and mobile application MODEL NOW’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.

10. Data Protection

Website MODELMANAGEMENT.COM and mobile application MODEL NOW recognizes that any personal data provided by the Model to website MODELMANAGEMENT.COM and mobile application MODEL NOW is extremely important to the Model, 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 Model to any third party without authorization. Details on website MODELMANAGEMENT.COM and mobile application MODEL NOW's treatment of the User's data are set forth in the Data Protection Policy of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

11. Feedback, Reputation and reviews

Models 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. Models acknowledge that they cannot use this feedback without prior written permission of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

12. Taxes

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

13. Language

Models 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 Model. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall give due notice of any amendments of these GTCs to the Model. If the Model 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 Model. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall inform the Model about the Model's right to object and of the relevance of the objection deadline in said notice.

14.3 Unless otherwise stated in these GTCs, the Model 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. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.

C. BOOKING SYSTEM OF 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 (herein after “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 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 website 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 website MODELMANAGEMENT.COM:

2.3 The commission earned by website MODELMANAGEMENT.COM is for:

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. 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 or credit card through the mechanisms available on the Booking System of website MODELMANAGEMENT.COM. No additional fees are charged to B-Professionals by website 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, herein after the “Agreed Date”.

3.4

  1. 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.

  2. 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 website 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 MODELMANAGEMENT.COM.

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 to 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 website 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”).

5. Intervention of MODELMANAGEMENT.COM in the transaction

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 MODELMANAGEMENT.COM.

5.2 The intervention of MODELMANAGEMENT.COM in the transaction is only for the following purposes:

5.3. 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. MODELMANAGEMENT.COM does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of 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 MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including MODELMANAGEMENT.COM website, these will be considered as simple personal opinions, for which MODELMANAGEMENT.COM and/or its workers will not be held responsible.

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 of 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-Professionals agree and acknowledge that the relationship between them is that of independent contractors.

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

5.6 MODELMANAGEMENT.COM does not offer any form of insurance since the Website and Application 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 MODELMANAGEMENT.COM up until 24 hours after the Agreed Date.

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

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

7. Refund Policy

Refund policy for website MODELMANAGEMENT.COM users:

The MODEL can request the reimbursement of their payment for a service within the period established by law(7 DAYS).

Refunds on services contracted for a period of time after the said 7 day period, cannot be made.

Refunds on memberships renewals cannot be made.

Refunds can be offered only if the user did not apply to more than 1 casting and did not initiate conversations with any models or professionals using messaging features on MODELMANAGEMENT.COM.

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

Refunds for payments made on mobile application MODEL NOW are managed by iTunes or Google Play. Check here for more information :
iTunes refund policy
Google Play refund policy