Terms & Conditions

General

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

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

1.3. All contracts must be agreed in advance between the agency and booker / client. No agreements, contracts, consents, etc. may be signed by the model without the agency’s presence. The billing address and the person responsible for payment:These shall be communicated to FYE Management Models as soon as possible so that no confirmation needs to be completed at the last minute. A VAT number is always necessary for foreign invoices.

1.4. This consent is for a maximum of six months from the first exposure time which should not be initiated later than a maximum of 6 months after publication. If the material is to be used for longer than six months a byout must be requested.If such agreement is not reached, the right to use the material ends 12 months after the photo shoot / filming, even if the client pays reproduction fees.

1.5. The model’s consent for participation is valid, however, only provided that both the fees for working hours and the reproduction fee requested by the agency have been paid.The agency is not responsible for the model having appeared in any context which is inappropriate for the client.If, during the photo shoot, the client wishes to change the pictures and/or use this must be promptly notified/discussed with the agency.The model has the right to cancel the shoot, with immediate effect, if the work does not correspond to what was stated in the booking. This will always go through the agency and the agency will then contact the client. Any cost of interrupted photography is the responsibility of the client.

1.6. Neither party may use, divulge or communicate to any person any confidential information that regards the other party which may come to its knowledge.
1.7. Underwear:For photographing and display of underwear/swimwear/sports bra and bikinis there will be a 50% supplement to the specified fee.

Agency Fee/Commission/Photo usage rights

2.1. In addition to the fees a 20% agency commission is charged.

2.2. Half-day bookings:
 Working hours are up to a maximum of 5-6 hours.

2.3. Full-day bookings: 
Are valid for 8-10 hours for models and charged as soon as the 6th hour begins.
 Working hours are up to a maximum of 8-10 hours, then overtime will be charged per hour.

2.4. “Client: Is a reference to any person, legal entity or representative that is entering into a Booking Agreement with FYE Management with the intention of procuring any of FYE Management offered services.

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

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

2.7. Option: Options are reservations subject to a binding date.

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

2.9. POSandpoint of sale”: POS is limited to use of material in stores owned by licensee, or shopping complexes or buildings that include licensee’s stores. This does not include material in windows, on the front of the door, on banners hung on the store etc. If the store is located in shopping complexes, the shopping complex will be perceived as outside.

2.10 “Outdoor”, “OOH”, “Out of Home”: Outdoor includes the use of the Material outside the areas of the Clients position of sales. It is limited to use outside physical store, this could be, but is not limited to, billboards, posters at bus stops, material printed and put directly on busses or in windows etc.

2.11. “Online”: Includes the right for Client to use the material online on any web pages owned by Client, such as web sites, blogs etc. This does not include third party banners and  Social Media.

2.12. “Catalogue”: Include the right to use the material in physical and printed catalogues. Client is only allowed to use the material for physical and printed catalogues owned and made by Client.

2.13. “Digital catalogues”: Include the right to use material in Clients digital catalogues. This includes but is not limited to; digital catalogues in its core meaning, as well as showcasing of the digital catalogues at monitors in licensee’s store or showcasing of the digital catalogues in stores that keep licensee’s brand

.2.14. “Advertising”: Include the right to use material POS, OOH, Online, Social Media, Catalogue and Digital catalogues freely and unimpeded in advertising for the Client. This also includes the right to show the material in catalogues from third parties. This means that third parties may use the material for a period of a maximum of 6 months. If a third party wants to have a relocation of the use of the material, a byout must be requested. For example, if a video production is made, the agency must know which versions will flourish due to buyouts.

2.15. “Print”: Include the right for licensee to use the materials in printed versions such as flyers, postcards and business cards etc. This is limited to print in store, which prevents use OOH.

2.16. “E-com”: Include the rights to use the material for licensee’s ecommerce, such as web shop or Instagram business where it is possible to shop directly from the picture. This does not include the right to use the material for banners and other digital use.

2.17. “Social Media”: Include the right to use material on Social Media owned by licensee such as but not limited to; “Youtube”, “Facebook”, “Instagram”, “Twitter”, etc.

2.18. “Cinema”: Include the right to use material in commercials before movies at the cinema in agreed upon areas.

2.19. “TVC” and/or “TV commercial”: Include the right to use the material for TV and commercials in accordance with what the material is created for

.2.20. “Full Buyout”: Include the right to use the material in all media aspects in accordance with what the material is created for.

2.21. “Internal usage”: This is limited to in house physical use as well as online use with a limited access for employees, which could e.g. be for training purposes. It does not include the right to use it in a way that makes it public to people or entities outside the company.

2.22. “BTL”, “Below the line”: Include all the above-mentioned terms apart from TV, Billboard, Print and Cinema.

2.23. “ATL”, “Above the line”: Include all above-mentioned medias.

Working Hours

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

2.4.2. Travel together with the client form the hotel to the place of work (location) and back again shall be included in the working hours.This means that if a model takes a taxi, he/she must receive compensation for it. Travel time amounting to a maximum of one hour per day shall be considered a favor and not put to account.

2.4.3. Overtime:
Hourly rates for overtime are 20% of the agreed daily fee.

2.4.4. Unsocial working hours:
Between the hours of 21:00 and 06:00 a 50% unsocial working hours supplement is charged.

2.4.5. Provisional reservation: Provisional reservations not confirmed within 24 hours prior to starting work are considered to be cancelled.

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

Cancellation

3.1. Must be no later than 17:00, two full business days prior to starting work. Cancellation one day before is charged at 50% of the fee.

3.2. Cancellation on the day of the job will be charged at the full fee.

3.3. Cancellations of booking that requires travel and overnight stay shall be made no later than 14 full days* prior to when the work was planned to take place. The customer pays for the cancellation of tickets, hotel etc.* Due to the current global pandemic the time of cancellations has increased to 14 full days. This so that the model will have the opportunity to take on other bookings and not lose working hours or money due to cancelled bookings.

3.4. When the booking has been confirmed by the Agency the customer agrees to pay the Agency the Agency fee, the Model fee and any other cost that has been agreed (such as hairdresser, booking of hotel etc.)

3.5. If the booking has been moved plenty of times or in any way not accomplished and you have a contract/deal, the agency will charge 50% of the fee, for lost earrings. Plus 20% agency fee.

Bookings/travel

4.1. If the weather is a prerequisite for the job, this must be mentioned when booking.

4.2 Travel and subsistence:When working in Sweden, but outside Greater Stockholm, the customer pays travel and accommodation and subsistence allowance in accordance with applicable standards. Taxis are paid by the customer if necessary. When traveling by car, mile age will be charged according to current tariffs: www.riksskatteverket.se. If the model has a long journey a travel time allowance may sometimes be charged. Flight, boat, or train tickets and the cost of hotels, taxis, luggage and vaccinations are paid by the customer.

4.3. When the agency makes travel arrangements these are invoiced at cost plus a service charge based on 10% of the agency’s expenses.

4.4. The agency accepts financial responsibility if the model does not appear for a job due to illness, missed or cancelled flight or any other reason that is Force Majeure. The agency responsibility ends by offering a replacement. We recommend our clients to have insurance to cover these unforeseen circumstances.

4.5. According to Force Majeure, the agency has full authority to move the booking if the travel has been canceled/moved because of t.ex. Natural disasters, war, pandemic, rebellion, revolt, civil disobedience terrorism.

Payment conditions

5.1. The billing address and the person responsible for payment:These shall be communicated toFYE Management as soon as possible so that no confirmation needs to be completed at the last minute.A VAT number is always necessary for foreign invoices.

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

5.3. When the clients confirm a booking, a credit check might be performed in connection with the booking.FYE Management reserves the right to require advance payment from new clients or if there is any uncertainty regarding the ability to pay. Please provide us with enough advance notice so that there is time to get information and to make an advance payment.

5.4. For customers who are approved to be invoiced, the payment term is 10 days. After that time interest is charged at 8% above the Swedish central bank’s (Riksbank) current benchmark interest rate (bank rate). If the invoice is submitted to a collection agency or enforcement authority for payment, charges will be made for this. Anyone who books models and invoices such costs onward to their client is required to guarantee the necessary funds for payment to the agency. Non-payment to the customer is the customer’s own responsibility and does not constitute an exemption from paying the agency.

5.5. Objections to invoices should be made within seven days from the invoice date. Late objections or objections to invoices already paid will not be accepted even if they relate to reproduction fees for cancelled campaigns, etc.The agency may not subsequently claim back salaries paid from the models, this also applies to salaries/fees relating to the rights of use for cancelled campaigns. Refunds or credit of fees already paid to the model will therefore not be autorized.

Legal Rights
6.1. Reproduction fee (payment for rights to use the image):     

6.1.1. At the time of booking, it is the responsibility of the client, without due warning, to give the context and the extent to which image/film material is to be used.  in contexts other than that stated in the booking. Providing pictures to photo agencies for resale is prohibited. All use must be agreed with the agency in advance. Additional use must be communicated to the agency prior to publication. Any use not agreed in advance will be charged for as an extra. For extended use which has not been agreed on in advance, the agency reserves the right to demand compensation for damage done to the model or other client. This is especially true if the non-agreed use breaches the exclusivity acquired by another customer. If a specified total price includes both the working and usage rights, no partial credit is available even if the client decides not to use the material or use it in less than planned.

6.1.2. The material may not be used in contexts other than that stated in the booking. Providing pictures to photo agencies for resale is prohibited.

6.1.3. All use must be agreed with the agency in advance. Additional use must be communicated to the agency prior to publication.

6.1.4. Any use not agreed in advance will be charged for as an extra.

6.1.5. For extended use which has not been agreed on in advance, the agency       reserves the right to demand compensation for damage done to the       model or other client. This is especially true if the non-agreed use breaches the exclusivity acquired by another customer. If a specified total price includes both the working and usage rights, no partial credit is available even if the client decides not to use the material or use it in less than planned.

6.1.6 Self-promotion:All artwork (photography and/or film) may be used by the model and/or model agency as work samples, and to promote the model and/or agency.This applies to all media including digital format, the agency’s website, the model’s portfolio, the model’s set card or other printed materials tomarket the model/agency.

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

6.3. No waiver of any provisions of these terms and conditions shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

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