Terms and Conditions
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1. These conditions apply to all quotations and agreements entered into by BLOND MODEL MANAGEMENT. The customer is deemed to have read these general terms and conditions and to have accepted all clauses.
2. Offers are valid for a period of 30 days, after which they expire automatically. In order for the quotation to become a contract, a written acceptance of the customer is required. This formal approval has to be confirmed by the customer via email. After this, BLOND MODEL MANAGEMENT, will draw up an advance invoice.
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3. Unless otherwise agreed, the customer is responsible at his own expense for; transport to and from the set, accommodation and food for models and other employees. All models are always offered with a proviso of availability and do not link BLOND MODEL MANAGEMENT in any way, who can always provide for their replacement. Clothing and work materials are provided by the customer at his own expense. All this in consultation with BLOND MODEL MANAGEMENT. Recording (photo, video, audiotape etc.) of the work and the models is only permitted with the written agreement of BLOND MODEL MANAGEMENT, which always retains the intellectual rights (portrait rights, distribution rights etc.). BLOND MODEL MANAGEMENT is always entitled to ask the customer for favorable testimonials regarding the work and to use them for PR purposes.
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4. BLOND MODEL MANAGEMENT is not liable, pertaining to the customer, for damage caused by the its employees, agents or agents of the execution of the goods that are the subjects of the contract and/or the goods that are located at the location where the contract is carried out. If BLOND MODEL MANAGEMENT is held liable towards third parties, the customer is obliged to indemnify BLOND MODEL MANAGEMENT.
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5. BLOND MODEL MANAGEMENT is only liable to the customer for very serious errors or deliberate errors, but only as they are causally related to the claimed damage. Any liability claim against BLOND MODEL MANAGEMENT must be filed within 3 months after the event giving rise to the claim, this term being an expiry date. The liability that BLOND MODEL MANAGEMENT might incur in this respect is in any case limited to: either the re-performance of the work free of charge, or the reimbursement of the sums already received, at the choice of BLOND MODEL MANAGEMENT. Damage such as loss of production, loss of time, loss of profit, damage to third etc. is therefore never eligible for compensation by BLOND MODEL MANAGEMENT.
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6. BLOND MODEL MANAGEMENT invoices are, unless otherwise agreed, payable within 14 days (for models) and 30 days (for technical and practical support). Invoices are payable at the registered office of BLOND MODEL MANAGEMENT. The statutory manager, director or proxy who enters into the agreement on behalf of the customer, accepts to act as a jointly and indivisible guarantee for the payment of the debt and to have an interest in it. In order to be valid, all complaints must be notified in writing to BLOND MODEL MANAGEMENT within 8 days of the establishment of the fact giving rise to the complaint. BLOND MODEL MANAGEMENT is entitled to invoice a first advance at the conclusion of the agreement amounting 50% of the price and to invoice a second partial payment 14 days before the performance to be delivered by it.
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7. In the event of non-payment of the invoice within the set term, from maturity, default interest will be owed by operation of law and without prior notice amounting to 12% per year on the invoice amount. In addition, as a damage clause and without prior notice of default, a lump sum compensation is payable in the amount of 10% of the invoice amount, with a minimum of €250. This is without prejudice to the costs of a lawyer and other possible fees in case of legal proceedings. The non-payment, if only in part, makes the balance due on all other invoices , even those that have not yet expired and payable without any prior notice of default. Expenses related to unpaid bills of exchange or checks as well as other collection costs are not included in this lump sum compensation and are charged to the customer separately.
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8. In case of cancellation on the day of work or the day before, the full amount of the contract will always be charged. Cancellation in the interim period, the customer owes a fixed termination fee amounting to 50% of the price of the agreement. And this with the explicit reservation of the possibility of claiming higher damage if proven.
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9. If, for whatever reason, the customer is unable to execute the agreement, BLOND MODEL MANAGEMENT reserves the right to: (1) suspend execution of the agreement for the duration of the impossibility, or (2) to terminate the agreement at the expense of the customer with an obligation to compensate all costs incurred as well as compensation for the loss of profit, estimated at 50% of the price of the agreement, subject to evidence of greater damage.
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10. BLOND MODEL MANAGEMENT also reserves the right to consider the agreement as dissolved by operation of law and without prior notice of default at the expense of the customer in the event of bankruptcy, collective debt settlement or apparent insolvency on the part of the customer. In that case, the mutually existing claims will be set off by operation of law up to the smallest amount and the resulting balance will be immediately due and payable.
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11. In case of non-payment of an invoice (for example the advanced invoice), BLOND MODEL MANAGEMENT reserves the right to stop further performances and services. The customer is not entitled to withhold payment from BLOND MODEL MANAGEMENT, for whatever reason. If there is a discussion between the parties in which the responsibility of BLOND MODEL MANAGEMENT is raised by the customer, the customer must nevertheless pay the price, on the understanding that, if the responsibility of BLOND MODEL MANAGEMENT is effectively and definitively retained in law, the customer is entitled to a refund if there are grounds for this and evidence is available.
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12. Unless expressly stipulated otherwise, all ideas, concepts, calculations, samples, plans, models, systems, texts, drawings, manuals, analyzes, technologies, inventions, discoveries, know-how, film material, scripts, photo material and any other work created, designed, developed or produced by BLOND MODEL MANAGEMENT, alone or together with others, is the exclusive property of BLOND MODEL MANAGEMENT. The customer is prohibited from using the intellectual property of BLOND MODEL MANAGEMENT without the prior written consent of BLOND MODEL MANAGEMENT, who may attach conditions to this use at its own discretion (for example payment). Transfer of the intellectual right of BLOND MODEL MANAGEMENT is therefore not included in the contract price. The customer is obliged to respect a full confidentially obligation. This means, that without the prior written consent of BLOND MODEL MANAGEMENT, will not disclose any of the BLOND MODEL MANAGEMENT trade secrets related to any business facet, not the intellectual property of BLOND MODEL MANAGEMENT, nor any information of a technical, commercial or financial nature, without this list is restrictive, of which has become aware prior to, in the course of or in connection with the performance of any agreement with BLOND MODEL MANAGEMENT may use, distribute or transfer to any other third party. The customer will monitor and guarantee that any end user or any other third party will comply with the aforementioned provision.In the event of any infringement of the article 12 by the customer, by the end user and/or by any other third party, the customer will owe BLOND MODEL MANAGEMENT a lump sum compensation of EUR 25,000 per infringement, plus an amount of EUR 5,000 per day as long as no end it put to the infringement, without prejudice to BLOND MODEL MANAGEMENT’s rights to demand higher compensation in case of evidence of greater damage and without prejudice to the right to additionally terminate the agreement with the customer at the expense of the customer.
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13. If goods are sold to the customer in the context of the contract, the latter only becomes the owner of them after payment of their price and the full contract sum, in other words. Of all accessories.
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14. The agreement concluded with BLOND MODEL MANAGEMENT is exclusively governed by Belgian law: in the event of a dispute only of Antwerp, Antwerp division have jurisdiction; parties agree to the application of the law of evidence in commercial matters
Any nullity of one or more provisions of these general terms and conditions does not result in the nullity of the other provisions and general terms and conditions, nor of the building contract.