The Model Management Agreement serves as the foundational document governing the professional relationship between models and their management agencies in the Netherlands. This agreement is essential when a model seeks professional representation for their modeling career, whether they are just starting or are established professionals. The document comprehensively addresses all aspects of the management relationship, including booking procedures, commission structures, exclusivity terms, and obligations of both parties. It ensures compliance with Dutch legal requirements, including labor laws, commercial agency regulations, and EU directives such as GDPR. The agreement is particularly important as it protects both the model's and agency's interests while establishing clear professional boundaries and expectations. Special considerations are included for international work, minor models, and social media presence, making it adaptable to various situations within the modeling industry.
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1. Parties: Identification of the Model and the Management Agency, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the agency's business, the model's profession, and their intention to enter into a management relationship
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Services', 'Commission', 'Booking', etc.
4. Appointment and Scope: Terms of the agency's appointment, exclusivity status, and geographical scope of representation
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Agency's Obligations: Management services to be provided, including promotion, booking management, career development, and negotiation of assignments
7. Model's Obligations: Model's commitments, including availability, professional conduct, maintaining appearance, and communication requirements
8. Commission and Payments: Fee structure, commission rates, payment terms, and handling of expenses
9. Bookings and Assignments: Process for accepting and managing bookings, cancellation policies, and handling of conflicts
10. Intellectual Property: Rights regarding the model's images, portfolio, and promotional materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Handling of personal data in compliance with GDPR and local regulations
13. Liability and Insurance: Risk allocation, insurance requirements, and limitation of liability provisions
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Parental Consent: Required when the model is under 18, detailing parent/guardian approval and additional protections
2. International Travel: Specific provisions for models who may work internationally, including visa requirements and travel arrangements
3. Social Media Management: Terms regarding the management of model's social media presence and related obligations
4. Exclusivity Exceptions: Specific carve-outs from exclusivity requirements for existing relationships or specific brands
5. Health and Wellness: Provisions regarding maintaining health, fitness, and appearance standards
6. Education Commitments: For student models, provisions to accommodate educational commitments
7. Non-Competition: Post-termination restrictions on working with competing agencies
8. Brand Associations: Restrictions or requirements regarding association with specific brands or industries
1. Commission Schedule: Detailed breakdown of commission rates for different types of work and territories
2. Approved Third Party Representatives: List of other professionals (e.g., publicist, attorney) who may represent the model
3. Existing Contracts and Commitments: List of pre-existing agreements or commitments that are carved out from the agreement
4. Minimum Terms for Bookings: Standard terms and conditions that must be included in all booking agreements
5. Expense Policy: Detailed policy regarding reimbursable expenses and approval procedures
6. Portfolio Requirements: Specific requirements for maintaining and updating the model's portfolio
7. Code of Conduct: Detailed behavioral expectations and professional standards
8. Social Media Guidelines: Specific requirements and restrictions regarding social media usage and content
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