Terms and Conditions

Terms and Conditions

Version: August 7, 2023

When an offer is endorsed, these terms and conditions are deemed effective.

1. General

Emporium Staff, located at Augustinusstr. 60, 41464 Neuss, referred to as “agency” or “Emporium Staff,” brokers contractors for events and other projects as specified by the client. The agency and client’s agreements are governed by these terms and conditions, encompassing future collaborations, even if not explicitly restated. The agency retains the right to modify these terms and sign new contracts under the revised conditions.

2. Contractual Agreement

A confirmed order outlines the assignment’s specifics between the agency and the client. Only details and prices communicated in writing (Email or Letter) by Emporium Staff are valid. The client acknowledges the order confirmation through signature and written submission (Email or Letter). The act of countersigning is deemed a managerial assertion from the contract party. The client assumes responsibility for such actions, even without a formal stamp, provided the act aligns with the client’s domain. The client cannot bypass Emporium Staff to directly engage with or share the details of contractors previously hired through the agency. Such contractors must be engaged via Emporium Staff. A breach incurs a penalty, thrice the customary fee. Prospective clients are also barred from directly dealing with contractors identified by Emporium Staff or sharing their details, regardless of whether an order is finalized.

3. Duties and Obligations

The agency facilitates the provision of personal services by contractors for the client. These contractors may include models, promoters, hostesses, influencers, among others, based on client preferences. Billing and recruitment are managed by the agency, with service specifics defined in the offer or order confirmation. Clients are tasked with briefing contractors about their roles, which may involve trainings that the client must arrange and fund. The client should also provide necessary tools or attire. Aside from trainings and specifics, contractors enjoy flexibility in their work execution. Emporium Staff doesn’t guarantee a positive reception for the contractors from clients or the audience. Contractors are limited to the obvious tasks defined during booking, usually associated with showcasing products/services. They are exempt from unrelated or private tasks. If clients demand such services, contractors can decline and even terminate the contract, but payment remains due in full. Contractors are entitled to rest breaks as follows: – 6-9 hrs. work: 30 min. break – 9-10 hrs. work: 60 min. break Additionally, a rest period of 11 hrs. is mandatory for multi-day bookings. Any alterations to model bookings during shoots require Emporium Staff’s prior consent.

4. Compensation

The agency’s fees are determined by the offer or order confirmation, which can include model fees, rights transfer costs, and travel expenses. Emporium Staff can charge a commission of 20% plus rights fees from the contractor. The overall sum integrates the prevailing 19% value-added tax. Fees are payable as defined in the order confirmation, with possible upfront payments between 50-100% due 10 days post-invoicing. Remaining amounts are due upon service delivery and must be settled within 10 days post-invoicing. If prepayments are delayed, Emporium Staff can nullify the contract, absolving the client from damage claims, but preserving the agency’s right to reimbursement for incurred expenses and model booking. Specific terms apply to half-day and hourly bookings.

5. Offsetting and Retention Rights

Clients can only offset if their counterclaims are legally recognized or undisputed by the agency. Retention rights pertain to the same contract. Absent a down payment, Emporium Staff holds retention rights in addition to termination rights.

6. Provisions

Clients must ensure ample food and drinks for Emporium Staff’s personnel on assignment. If not, a daily charge of €20 plus applicable taxes will be imposed.

7. Project Termination/Cancelation

Clients must pay the agreed fees if a project collapses due to their actions. Similar rules apply for project losses unrelated to Emporium Staff or the contractor unless caused by force majeure. Emporium Staff can suspend its obligations if the brokered contractor is unavailable due to unforeseen events, making it challenging to find a timely replacement. Clients will be promptly informed. Cancelation fees apply based on the notice period: 80% for cancelations made two weeks prior and 100% for those made under two weeks. Higher damages can be claimed if proven.

8. Contractor Rejection

Reasons for rejecting a contractor should be communicated to Emporium Staff in writing. If the grounds align with immediate contract termination criteria (e.g., insubordination, slander, criminal suspicion, unauthorized leave, harassment), clients can instantly exit the contract, only paying for completed work hours. If the rejection is not adequately justified or does not merit immediate termination, it’s considered a service cancelation, incurring 80% of the total order fee. Post-rejection, clients can hire a different contractor from Emporium Staff. The agency only guarantees an equal substitute if the initial selection was inappropriate. Ignoring the rejection procedure voids any later compensation claims.

9. Image and Video Rights

Separate discussions define the “Buy-Outs” rights and scope. Usage rights are granted post-payment and begin with the actual usage, but not before two months post-shoot. Clients must offer a selection of digital captures to Emporium Staff for promotional use, which also benefits the models for their portfolios. Emporium Staff will only exploit these once clients start their usage. Contractors booked as promotional models or hostesses can only be documented for internal purposes. Additional usage rights must be cleared with the agency. Rights are only transferred upon full payment. Unauthorized usage before full payment incurs a 100% model fee penalty. Clients must obtain photographic copyright rights from photographers. If clients mediate between the agency and a third party, rights are exclusively for the third party. Unapproved usage by clients incurs a 100% fee penalty.

10. Client Duties and Liabilities

Clients must timely furnish accurate and complete information and documentation essential for contractual service delivery. Legal regulations dictate client and contractor liabilities.

11. Liability Limitations

Emporium Staff’s liability for minor negligence is excluded unless related to personal injuries or product liability claims. Obligations critical for contract execution remain unaffected, as do breaches by Emporium Staff.

12. Reporting Deficiencies

Clients should promptly, within 4 working days post-service, report any deficiencies in writing to Emporium Staff. Failing this, services are deemed accepted.

13. Data Protection

Emporium Staff GmbH respects the privacy of its customers. Any and all data provided by the customer through their booking request or subsequent communications will solely be used for the purpose of fulfilling the customer’s requests. We are committed to securely storing, processing, and managing this data in compliance with the General Data Protection Regulation (GDPR). No data will be shared, sold, or distributed to third parties without the explicit consent of the customer, except where required by law.

14. Confidentiality

Both Emporium Staff GmbH and the customer agree that all information shared between the parties for business purposes shall be treated as confidential. This includes, but is not limited to, client data, booking details, financial information, and any other proprietary information disclosed in relation to the service provided. Such confidential information shall not be disclosed to third parties except: (a) as required for the fulfillment of the client’s requests; (b) with the prior written consent of the other party; or (c) when legally mandated. Both parties agree to take all reasonable measures to prevent unauthorized access, use, or disclosure of such confidential information

15. Force Majeure

Neither Emporium Staff GmbH nor the customer shall be held responsible for any failure to perform its obligations under this contract if such failure is caused by events beyond the reasonable control of the party, including, but not limited to, acts of God, natural disasters, strikes, labor disputes, wars, acts of terrorism, epidemics, governmental actions, or any similar unforeseen events (“Force Majeure Events”). Should a Force Majeure Event occur, the affected party shall promptly notify the other party in writing and shall use its best efforts to mitigate the effects and to resume performance of its obligations as soon as possible. If the duration of the Force Majeure Event exceeds thirty (30) days, either party may, by written notice to the other, terminate the contract without incurring any liability.

13. Concluding Terms

This agreement is under German jurisdiction. If specific clauses are void, the overall agreement remains valid. The legal provision replaces the void clause. Any amendments must be in writing, including waiving the written form requirement. All disputes from this contract are subject to adjudication in Neuss, Germany.