General booking conditions for booking a performer, artist or location

A. PERFORMERS and ARTISTS

1. Status of the parties to this agreement
The general booking conditions shall govern the booking contract between the performer/artist and the respective client for the execution of an engagement. The booking conditions shall apply in all cases, unless alternative agreements are explicitly concluded in a specific case. 

The Brüderchen & Schwesterchen GmbH agency (hereafter referred to as "B&S") procures performers/artists on the basis of contracts concluded with clients for the purposes of producing photographic and video material for film and advertising productions, as well as the implementation of catwalk presentations, showroom exhibitions and advertising and fashion shows ot other presentations. 

The performer/artist does not draw up the booking contract independently, but leaves this exclusively to B&S as the agency. B&S is commissioned by the performer/artist to conduct legal transactions on his or her behalf in his or her name with the client concerned. At the booking location, no contracts or declarations (for example additional contracts of employment, declarations of renunciation or exclusive agreements) whatsoever are signed which have not been previously presented to B&S and agreed with B&S.

2. Definitions
The following meaning is assigned to the following terms:

2.1. Client
As a matter of principle, anyone who books an engagement for a performer/artist with B&S is deemed to be a client. Notwithstanding the above, it may be individually agreed who should be deemed to be a client. As a rule, the client of B&S is also the client of the performer/artist booked for an engagement.

2.2. Acquirer of the rights
The acquirer of the rights is the person who would like to use the material that has been created for his or her business operations, in particular for his or her advertising. As a rule, the acquirer of the rights commissions advertising agencies or photographers with the creation of an advertising campaign. In turn, these advertising agencies or photographers book performers or Artists from B&S as clients within the meaning of Article 2.1.

2.3. Material
Material is the result of a film and photographic production by B&S or its clients. It comprises not only the raw product that has been created, but also the product of further physical or digital processing, without there being any change to the essential contents. In particular, this includes advertising and marketing material, photographs, video recordings, interviews, "making of" scenes, as well as all compilations, editing, translations or other alternative forms of the production material.  

2.4. Performers
Performers are the main characters of a photographic or video shoot or any other form of production.

2.5. Artist
Artists are make-up artists, hair stylists or stylists in general for performers in a photographic or video production or any other form of presentation. 

3. Forms of booking

3.1. Option
Options are reservations bound to a specific time and date. An option shall lapse if no confirmed booking is made within one working day (Monday to Friday) after a request to do so is issued by B&S or when no acknowledgement is provided by 14:00 on a working day (Monday - Friday) prior to the first opted-for day. Options are listed according to the time of receipt of the booking. If this is not a first option, the client is informed of the rank of the option. If an option lapses, the following options move up in the subsequent order. Options must be cancelled by the client if he or she becomes aware that no firm booking will be made. 

3.2. Firm booking
A firm booking means the binding conclusion of an agreement for all parties. Thereafter, the performer/artist is obliged to take part in the agreed engagement, while the client is obliged to pay the agreed fee. The booking contract can only be terminated for good cause (see 7 "Termination of the booking"). In the case of the cancellation of a booked engagement without good cause, the agreed performer's/artist's total fee shall be paid in full. Only as a gesture of goodwill does B&S reserve the right to accommodate the client by taking into consideration the circumstances of the individual case. The booking contract shall be mutually agreed in writing immediately at the request of one of the parties, stating the essential details. 

3.3. Free production

Free productions are firm bookings in which performer/artists take part free of charge. The resulting material is made available to B&S free of charge and regularly without any restriction on use in a printable resolution on a data carrier or as a download.

In addition to the concept of free work, portraits of the performer in a natural pose are created. The material used shall be furnished with the copyright of "model's name or artist's name (according to the order confirmation) // brüderchen & schwesterchen". If the material is used on social networks, a link to B&S must also be created. Links to the performer/artist are not allowed. Insofar as the material is to be used for purposes other than that of self-promotion, the acquisition of rights must be agreed beforehand with B&S and remunerated accordingly (reference is made to Article 4.3.).

In the case of non-receipt of the materials – including the portraits – within 4 weeks of the execution of the engagement, an all-inclusive amount of €400 plus agency commission (reference is made to section 4.3.) is charged. 

3.4. Exclusive booking

Irrespective of the type of booking, the performer/artist does not work on an exclusive basis as a rule. He or she may have already worked for competitors of the client in the past. An exclusive booking for the future must be negotiated explicitly and separately.

4. Remuneration by the client

4.1. Remuneration of the performer/artist

4.1.1. The performer's/artist's total fee is broken down into a fee for the work performed and the remuneration for rights of use (only in the case of performers) plus the associated VAT if the performer/artist is liable for the payment of VAT, or without VAT in the case of small businesses according to §19 German Value Added Tax Act (UStG). 

4.1.2. The level of the performer's/artist's total fee depends in all cases on the performer's/artist's degree of professionalism and the extent of the purchased rights of use. Furthermore, the fee is agreed individually with the respective client. 

4.1.3. The working fee in the case of half-day bookings is 60% of the daily fee. Hourly bookings always require a separate agreement. 

4.1.4. Payment of the performer's/artist's remuneration, including the agency commission, is effected to B&S. B&S is entrusted with direct debit authorisation for all of the performer's/artist's fees. 

4.1.5. Items relating to the performer/artist shall be invoiced to the client in a third-party name for the performer/artist by B&S.

4.1.6. Addressing an invoice to another recipient does not release the client from his payment obligation arising out of the booking agreement.

4.2. Travel costs and expenses
All travel costs are assumed by the client. If travel costs and expenses are not assumed on the basis of an individual agreement, an amount of €0.30 per kilometre shall be charged for travel to the location by the performer's/artist's own car. Travel to the location by public transport, such as rail, taxi or aeroplane, shall be brought to account in the amount of the receipts presented. 

4.3. Remuneration of the agency

4.3.1. The customer shall pay a commission to B&S for mediation of the engagement, as well as for each purchase of rights of use. Unless otherwise agreed, this amounts to 20% (plus the associated VAT), but at least €100.00 (plus the applicable VAT) for each day of the booking or purchase of rights. 

4.3.2. The client shall also be liable for the payment of the agency commission for follow-up bookings, for as long as the performer/artist is contractually bound to B&S. This obligation arises with the first booking of a performer/artist for each subsequent booking (follow-up booking), even if no permanent contractual relationship exists between the client and B&S.

4.3.3. No cash discount shall be granted.

4.3.4. In the relationship with merchants under the German Commercial Code, there exists a contractual exclusion of set-off with the commission claim of B&S for receivables which are not undisputed or legally established. Furthermore, the client is not entitled to offset claims relating to the performer/artist against the commission claim of B&S or assert any right of retention 

5. Working hours

5.1. For a whole-day booking, the working time is 8 hours, plus a 30-minute lunch break, and for a half-day booking 4 hours without a break.

5.2. In the case of a shoot, the working time for a whole-day booking is 10 hours, plus a 45-minute lunch break, and for a half-day booking 5 hours without a break.

5.3. The working time begins upon the arrival of the performer/artist at the agreed place of work at the agreed time. Preparation times, such as time required for the application of make-up and for hairstyles, are considered to be working time.

5.4. Overtime is charged at 15% of the fee for the work performed for full-day bookings, and 25% for half-day bookings.

6. Rights of use for performer bookings

6.1. The rights of use are agreed separately for each engagement and documented on the order confirmation and invoice. Any further use beyond the extent agreed upon the first performance of the engagement must be requested and negotiated separately.

6.2. Rights of use are transferred exclusively to the party acquiring the rights. Furthermore, the client or the party acquiring the rights is explicitly prohibited from transferring these to a third party. 

6.3. If the time of the commencement of the use of the produced material cannot be determined, it is scheduled for the end of three months after the execution of the engagement. 

6.4. Rights of use are only granted after the receipt of payment of the agreed remuneration. Any use before full payment of the agreed remuneration is not permitted.

6.5. For the use of material which goes beyond the agreed use in terms of time or the intended use, the agreed remuneration shall become due for payment, plus a contractual penalty in the amount of 50% of the agreed remuneration. Insofar as no remuneration has been agreed, the standard remuneration shall apply.

6.6. B&S is permitted to use the material produced for the purpose of self-promotion. The material used by B&S is placed on their website www.bruederchenundschwesterchen.com under the "News" category or on social networks with the copyright notice of the photographer.

6.7. Self-promotion and social networks
If clients use material for self-promotion and/or on social networks, the material is to be furnished with the copyright notice "model's name or artist's name (according to the order confirmation) // brüderchen & schwesterchen". If the material is used on social networks, a link to Brüderchen & Schwesterchen GmbH must also be created. Links to the performer/artist are not allowed.

6.8. Transfer of obligations
The client undertakes to inform their client (the acquirer of the rights) about these provisions under Article 6 of these General Booking Conditions and to impose all of the obligations applicable to the client from Article 6 on their own client (the acquirer of the rights). The client is obliged to inform their own client about the scope of the rights of use that have been granted, as stated in the confirmation of order and invoice. The obligation to provide such information may be fulfilled by forwarding the “Certificate of Rights of Use” made available by B&S. Insofar as the client infringes the above obligations, a contractual penalty of €3000.00 shall become due for payment. This provision serves the purpose of protecting the rights of the performer/artist, particularly if the acquirer of the rights is not the client.

6.9. Directory Definitionen von Nutzungsrechten, Werbemitteln und Begriffen regulates the definitions of the transferred rights of use in a binding manner.

7. Termination of the booking

7.1. Each party is entitled to terminate the agreement for an important reason. A substantiated reason for immediate termination applies in particular if the engagement proves to be impracticable due to unforeseeable and/or unavoidable events, especially force majeure, orders imposed by the authorities or statutory prohibitions or the performer/artist is prevented from fulfilling his or her contractual obligations on the agreed dates due to injury, prolonged illness or an accident. 

7.2. The notice of termination must be submitted in writing or electronically by e-mail.

7.3. In all cases the important reason is to be made credible in an appropriate form. 

7.4. Insofar as the agreement is terminated due to the performer/artist being unable to attend, B&S shall make every effort to find an appropriate replacement for the client.

8. Performer's/artist's social security
The client is obliged to comply with the social security regulations. This includes a check with respect to every engagement of the liability to pay contributions to the artists' social insurance, as well as the competent German pension insurance. B&S acts as an agency, representing and procuring work for its performers/artists. Its position as such means that B&S does not incur any non-wage labour costs. 

9. Complaints
In the case of complaints relating to the performer's/artist's services, the client must inform the performer/artist as well as the agency immediately during the ongoing production and explain the reasons for the complaint in detail (by telephone if necessary). Appropriate evidence to substantiate the complaint is to be provided. Thereafter, the performer/artist is to be specifically released from his or her obligation to work. In the case of justified complaints, there shall be no payment obligation for this performer/artist whatsoever, including the travel costs. However, if the services of the performer/artist are accepted by continuing production, this shall be deemed to be a waiver on the part of the client of any complaint.

10. Liability

10.1. The parties shall be liable in accordance with the statutory provisions, whereby the liability of the performer/artist and that of B&S and their legal representatives and vicarious agents is limited to intent and gross negligence. Damage is excluded from this limitation.

10.2. Each party shall check and be responsible for the tax implications of the booking contract itself as it affects them and shall exempt the other party from claims resulting from non-compliance with this regulation. 

10.3. If the parties are prevented from fulfilling their obligations associated with this agreement as a consequence of natural disasters, war, terrorist attacks, unrest, diseases for which they are not responsible and other cases of force majeure and these hindrances cannot be avoided or circumvented with reasonable financial expenditure, the parties shall be released from their obligation to fulfil their duties under the agreement.

10.4. The party that is prevented from fulfilling their obligations shall be required to notify the other party immediately thereof, explaining the circumstances which is preventing them from fulfilling the obligations. Furthermore, the party will do everything in their power to overcome or circumvent the situation preventingfulfilment of the obligations. 

10.5. If the performer/artist is late for reasons for which he or she is responsible, he or she shall be obliged to work for a correspondingly longer time. If this is not possible, or only possible in part, due to special circumstances, the performer/artist shall lose his or her pro rata claim to the daily fee based on the overtime fee. 

10.6. In the case of risky photographs, the client shall conclude appropriate insurance for the performer/artist. If the agency was not explicitly informed of the risk that has to be taken when the engagement was booked, the performer/artist is entitled to refuse to perform and shall receive a cancellation fee of 70% of the total fee agreed.

10.7. The performer is not responsible for hair styling, make-up or other preparatory measures. 

11. Special considerations when booking children older then two years up to the age of completion of full-time compulsory education (only for performer bookings)
The employment of children is generally permitted only under strict legal requirements, which are actively monitored by the authorities for occupational safety. B&S can use a Power of Attorney to obtain customer service exemptions. All conditions of this special permit must be fully observed by the customer. This applies in particular to the following conditions:

• A so-called risk assessment must be carried out on the specific conditions of the venue. A template to create a risk assessment is available here from B&S. If the company consists of multiple workspaces, point 3 must often be completed accordingly.

• A competent supervisor must be appointed who will be responsible for the constant supervision of the child. It may be a parent of the child. The supervisor must be informed of the specific risks at the venue.

• The rest periods and maximum working periods, as laid out in the exemption permit, must be respected.

• A suitable dressing /waiting area needs to be provided.

• The forwarded exemption permit must be made available by the client at the venue and on the day of the event and be presented for inspection when required by the relevant authority.

12. Confidentiality
The parties undertake to treat with confidentiality the contents of this agreement, in particular the services due hereunder and any data which is not publicly accessible and of which they have become aware in conjunction with the conclusion and execution of this agreement. The disclosure of this agreement is only permitted on the basis of mandatory statutory regulations. In this case the other party is to be informed immediately of the disclosure. This obligation shall continue to apply after this agreement has come to an end. 

13. Good conduct
The parties are committed to displaying respect, good conduct and loyalty towards each other. The parties shall in particular not make any negative public statements about the other party, its products or services. The parties shall at all times consider the reputation and public standing of the other party. The stated obligations shall continue to apply after the termination of this agreement. 

14. Data protection

For the purposes of the Federal Data Protection Act, the client undertakes to collect, use and process personal data disclosed to the client exclusively for the purposes of mediating and executing an engagement. Only in cases stipulated by law may personal data which the client has received from B&S or performers/artists of B&S be disclosed to third parties. In such a case, B&S is to be informed about the disclosure.

15. Final provisions

15.1. The client undertakes to refrain from urging the performer/artist to carry out changes or supplements to bookings.

15.2. Insofar as individual provisions of these booking conditions are or become invalid in part or in whole or contain an omission, this shall not affect the validity of the remaining provisions. In such a case the parties undertake to replace the invalid or unenforceable provision by a provision which is valid and enforceable and whose meaning and purpose is equal or comes as close as possible to the economic intention of the invalid provision. This also applies to any omissions in these booking conditions.

15.3. The booking agreement is governed by German law. 

15.4. The sole place of jurisdiction for all disputes arising out of or in conjunction with a booking is Düsseldorf. 

15.5. The rights and obligations associated with this booking agreement may not be assigned either in total or individually without the written agreement of the other party.

15.6. This agreement is available in other languages. In the case of differences between the language versions, the German language version shall apply.

B. LOCATION

1. Position of the contracting parties

The general mediation conditions form the basis for the agency contract between the Brüderchen & Schwesterchen GmbH agency (hereafter referred to as "B&S") and the respective client for the booking of a location for the execution of a photographic or video production or other presentation. The mediation conditions shall apply in all cases unless alternative agreements are expressly concluded in the individual case.

B&S shall arrange locations for their owners/parties with rights of disposal (location providers) and agree the hiring charge and hiring period with the client. The specific hiring agreement shall be concluded in each case between the location provider and the client without the involvement of B&S. B&S shall not be liable either for the condition of the location or for any damage incurred by the location provider or client.
 

2. Remuneration

2.1. The hire charge shall be agreed individually with the respective client. B&S shall receive a mediation commission amounting to 20% of the hire charge plus the applicable value-added tax (VAT) in the case of location providers who are liable for the payment of value-added tax (VAT) or without value-added tax in the case of small entrepreneurs according to Section 19 of the German Value Added Tax Act (UStG).

2.2. The client shall also be responsible for the payment of the mediation commission for follow-up bookings for as long as the location provider is contractually bound to B&S. This obligation shall come into effect upon the first booking of a location for each subsequent booking (follow-up booking), even if there is no permanent contractual relationship between the client and B&S.
2.3. No cash discount shall be granted.
2.4. In the relationship with merchants recognised under the German Commercial Code it is not permitted to offset claims which are not undisputed or legally established against the commission claim of B&S. Furthermore, the client is not entitled to offset claims against the location provider against the commission claim of B&S or to assert a right of retention.
2.5. Insofar as a hire agreement which has been concluded does not come into effect even though there was no right to terminate the hire agreement, the commission claim of B&S is to be paid in full. B&S reserves the right to accommodate the client in the form of goodwill by taking into consideration the aspects of the individual case.

2.6. The hire charge, including the agency commission, shall be paid to B&S. B&S shall be entrusted with direct debit authorisation for all payments associated with the hire agreement to the location provider. All items shall be invoiced to the client by B&S for the location provider.

3. Liability

3.1. The parties shall be liable within the framework of the statutory provisions, with the liability of B&S and its legal representatives and vicarious agents being limited to intent and gross negligence. Physical damage is excluded from this limitation.
3.2. Each party shall check and be responsible him/her/itself for the fiscal implications of the mediation contract and shall release the other parties from claims resulting from non-compliance with this provision.
3.3. Insofar as the parties are hindered from fulfilling their obligations under the agreement as a result of natural catastrophes, war, terrorist attacks, unrest, illnesses for which they are not responsible and other cases of force majeure and these hindrances cannot be overcome or avoided with a reasonable economic investment, the parties shall be released from the fulfilment of their obligations under this contract.

3.4. The party that is prevented from fulfilling their obligations shall be obliged to inform the other party without delay of this fact, explaining the circumstances which prevent them from fulfilling their obligations. Furthermore, this party shall do everything in its power to overcome or avoid the circumstances preventing fulfilment of the obligations as quickly as possible.
 

4. Confidentiality
The parties undertake to keep the contents of this contract confidential, in particular the services to be performed under this contract and any data which is not publicly accessible and of which they become aware in conjunction with the conclusion and execution of this contract. The disclosure of this contract is only permitted on the basis of mandatory legal provisions. In this case, the other party shall be informed without delay of the disclosure. This obligation shall continue to apply after the termination of this contract.

5. Appropriate conduct
The parties hereby submit an undertaking that they will respect and remain loyal to one another and conduct themselves appropriately. The parties shall not, in particular, make negative public statements about the other party, its products or services. The parties shall at all times take into consideration the reputation and standing of the other party. These obligations shall continue to apply after termination of this contract.

6. Data protection
Within the meaning of the German Federal Data Protection Act, the client undertakes to collect, use and process personal data transferred to the client exclusively for the purpose of mediating and processing the associated productions. Only in legally stipulated cases may personal data which the client has received from B&S or the location provider of B&S be transferred to third parties. In such a case, B&S shall be informed of the transfer.
 

7. Final provisions

7.1. Insofar as individual provisions of these mediation conditions should be or become invalid in whole or in part, or if the booking conditions contain an omission, this shall not affect the validity of the remaining provisions.

7.2. The mediation agreement is subject to German law.

7.3. The exclusive place of jurisdiction for all disputes arising from or in connection with a booking shall be the respective location where the production is executed.

7.4. Rights and obligations associated with the mediation agreement may not be assigned in whole or in part without the written consent of the other party.

7.5. These general mediation conditions are available in other languages. In the event of differences between the language versions, the German version shall prevail.

ABB V. 2.7 EN, 16.11.2022