Terms & Conditions

1. Terms and Conditions

1.1. These terms and conditions apply to any agreement between Max Models B.V. (hereinafter: "Max Models") and a client (hereinafter: "the client") in which one or more models/individuals are used, for whom Max Models acts as an intermediary (hereinafter: "the Model").

2. Options & Bookings

2.1. The model can grant the client/option holder a priority right (hereinafter: "option") through Max Models to book the model for a specific date.

2.2. An option on a model must be confirmed as a booking no later than 24 hours before the scheduled start of the potential booking, unless the option is for a period after the weekend or a public holiday. In that case, the booking must be confirmed before 10:00 AM on the last business day prior to the "free period" (weekend or public holiday). If this deadline is not met, the option will automatically expire without the need for further notice from Max Models . Bookings take precedence over options, but only after consultation with the party that placed the first option. The first option holder decides whether they wish to convert their option into a booking or not.

2.3. For options/bookings related to nude shoots, we require a minimum age of 18 years. Nude shoots are understood to include both nudity/topless in images as well as nudity/topless on set. If an option for a nude shoot is requested, a reporting obligation applies. It is never allowed to conduct a nude shoot without prior written consent from Max Models.

3. Rates

3.1. The services of the model for the client are determined by Max Models and charged based on an hourly rate (in exceptional cases), an overtime rate, a half-day rate, or a full-day rate.

3.2. All rates and surcharges mentioned below are exclusive of agency commission (20%) and exclusive of VAT.

3.3. Unless otherwise agreed in writing with the client, the following provisions apply:

a. Hourly Rate: For bookings of one hour, an additional surcharge of €35 will be charged on the agreed hourly rate. Models can only be booked per hour for a fitting. For photography/video assignments of 1 hour, at least a half-day rate will be charged.
b. Half-Day Rate: A half-day consists of 4 hours and must end by 1:00 PM, or begin from 2:00 PM on any given day.
c. Day Rate: Unless the hourly or half-day rate has been explicitly agreed upon, the day rate will be charged to the client, regardless of the time the model has been available to the client. A working day is considered 8 hours (including at least a half-hour break). For commercials, a working day is considered 10 hours.
d. Overtime: Overtime is always rounded up to the next full hour. For a full-day booking, overtime is calculated based on 1/8 of the day rate, with a maximum of 2 overtime hours. Otherwise, overtime is charged based on the standard (overtime) hourly rate of the model at the time. Hours and overtime for work performed between 12:00 AM and 8:00 AM will be charged at double the model's standard hourly rate.
e. Fittings and Rehearsals: The fee for preparation work such as rehearsals, fittings, etc., will be charged at 50% of the model's hourly rate for the first two hours. For any additional hours, the full standard hourly rate of the model will be charged. If no hourly rate has been agreed upon, but a (half) day rate has been agreed, the model's applicable standard hourly rate will be used for this calculation.
f. Travel and Accommodation Costs: The travel and accommodation costs for models residing or staying in the Netherlands, for bookings taking place within the Netherlands must be fully reimbursed by the client at the first-class fare of the Dutch Railways from the location of the model to the shoot location. Travel and accommodation costs for models residing or staying abroad must be fully reimbursed by the client. This also applies to travel and accommodation costs for models residing in the Netherlands who are booked to travel abroad.
g. Travel Time Compensation: Travel time compensation is calculated at 50% of the (agreed) hourly rate of the respective model per travel hour. This does not apply to full-day (8-hour) bookings.

4. Surcharges

4.1. In addition to the applicable fees, surcharges will be applied for:

 The use of photos, film or video footage for posters, showcards, stickers, displays, billboards, commercials, and in general any use that deviates in size or design from the agreed-upon use with the client;

• Lingerie and/or underwear shoots;
• Nude shoots;
• Use of recordings in more than one country;
• Use of recordings for more than one subject;
• Use of recordings for more than one medium;
• Use of recordings on the internet;
• Use of social media or any other type of media.

If any surcharge is due for a calendar month or other period, the client must pay the full applicable surcharge, even if the material is not used during the entire period of the facility or material. The client is also obligated to inform Max Models of any changes or adjustments regarding the use of the material, as agreed between the client and the model. The client is liable for any damage that the model or Max Models may incur as a result of a (booking) agreement.

4.2. If a surcharge has been agreed upon in writing for a specific period or for a specific use, the client is required to pay the entire surcharge, even if the material is not used at all or not used during the agreed-upon period.

4.3. The surcharge and associated period begin from the date of use or the publication date, provided it has been communicated in writing at the time of booking. If no start date is specified in advance, the invoice date will be used as the start of the period.

5. Unauthorized Use of Material

5.1. The client is not entitled to use the material in any way other than what has been agreed upon in advance. This restriction also applies to any use that deviates in size, design, duration, medium, geographical reach, or otherwise from what was agreed upon between Max Models and the client.

5.2. If the client wishes to use the material in a way other than what was agreed with Max Models, the client must submit a request via email to Max Models, who will promptly decide on the matter. Max Models is entitled to impose additional conditions, rates, and/or surcharges for such deviations.

5.3. If the client acts in violation of Article 5.1, the client is obligated to pay a penalty to Max Models of three times the rate that would have been charged if Max Models had been informed in time about the intended use. This does not affect the client's liability to potentially harmed third parties.

5.4. Clients are not permitted to contact models represented by Max Models directly for requests and/or pricing agreements. All requests must go through Max Models.

6. Clause for Protection Against AI Usage

6.1 Prohibition of AI Training and Development

The Client agrees not to use, nor allow any third party to use, any photographs, videos, or other visual materials featuring the Model for the training, development, or refinement of artificial intelligence models, including but not limited to AI-generated images, videos, or digital avatars.

6.2 Restriction on Reproduction and Modification Rights

The use of images is strictly limited to the purposes defined in this contract. Any transformation, modification, or digital adaptation using artificial intelligence technologies (including but not limited to AI-generated image creation, video synthesis, deepfake applications, or alteration of the Model’s features and poses) is strictly prohibited without prior written consent and additional compensation.

6.3 Protection of Image Rights and Biometric Data

The Client acknowledges that the Model’s image constitutes personal data protected under applicable laws (notably GDPR in Europe). Any extraction, analysis, or storage of physical characteristics for AI-related purposes is strictly forbidden.

6.4 Penalties for Non-Compliance

In the event of a breach of this clause, the Model or their Agency reserves the right to:

- Demand compensation amounting to [X] times the initial contract fee.
- Initiate legal action for violation of image rights and copyright.
- Request the immediate removal of any content generated from the original images.

7. Cancellation Fees

7.1. If the client cancels the assignment prior to the agreed booking time, the following fees will be charged based on working days. The moment of receipt by email at the relevant booker’s email address at Max Models is considered the point of cancellation. Cancellation fees also apply if the cancellation is not the fault of the client:

• No charges, except for travel and accommodation costs: Cancellation no later than 48 hours before the booking time for models residing in the Netherlands, or 72 hours for models residing abroad
• 50% of the full rate plus any travel and/or accommodation costs and surcharges: Cancellation between 48 and 24 hours before the booking time for models residing in the Netherlands, or between 72 and 24 hours for models residing abroad
• 100% of the full rate, plus travel and accommodation costs and surcharges: Cancellation less than 24 hours before the booking time for models residing in the Netherlands, or less than 24 hours before the departure time of the train/flight, etc., for models residing abroad. This also applies if models residing in the Netherlands need to travel abroad for the shoot.

Max Models reserves the right to withdraw a booking or option up to 12 hours before the start of the booking without providing a reason.

7.2. For multi-day bookings, the notice period is as long as the duration of the booking, with a minimum of two full working days. The notice period must fall entirely before the start of the booking. If the cancellation occurs within a shorter notice period, the client is liable for the full rate, any surcharges, and travel costs.

8. "Good Weather" Booking

8.1. If the client has agreed in writing with Max Models that the booking is only valid under certain weather conditions, the client is entitled to cancel such a booking without being charged a fee. However, if the next booking concerns a different model for any reason, the initially booked model is entitled to 50% of the previously agreed fee. For a second cancellation, the client is liable for half the rate. After that, the client must pay the full rate for any cancellation, regardless of the time that has passed since the prior cancellation.

9. Payment

9.1. Max Models will send an invoice to the client for the amount owed.

9.2. If the client does not submit a written and reasoned complaint within 8 days of the invoice date, the client is considered to have fully accepted the contents of the received invoice. The client may no longer suspend its obligations based on any complaint.

9.3. The amount owed must be transferred to Max Models bank account within 30 days of the invoice date.

9.4. If the invoice is not paid within the 30-day period, the client is liable for a late payment interest of 1.5% per month on the outstanding principal amount, with any fraction of a month being considered a full month.

9.5. The client only has the right to use the recordings as agreed after payment of the amounts owed has been made.

10. Liability

10.1. Max Models is not liable for any damage, regardless of the cause, unless required by law or these terms and conditions, and unless there is clear intent or gross negligence. This includes direct and indirect damage, consequential loss, lost profits, other business damage of the client, and damage resulting from the client's liability towards third parties. The burden of proof for intent or gross negligence lies with the client.

10.2. The liability of Max Models is limited to the amount covered by Max Models insurance policy.

10.3. Max Models invokes all legal and contractual defenses available to it in defense of its own liability against the client, also for the benefit of its employees and others for whom it may be held liable under the law.

10.4. The client is liable to the model and/or Max Models for all direct or indirect damage arising from an assignment or due to a breach of a provision in the agreement and/or these terms and conditions.

11. Complaints about the Model/Refusal

11.1. In case of a complaint from the client about a model, the parties will discuss the claim with Max Models. The client must submit the complaint immediately, providing reasons and, if possible, supporting evidence to Max Models. The model must be immediately refused by the client or sent away.

11.2. The complaint must be received in writing (by email) by Max Models at the following address: info@Maxmodels.com

12. Dispute Resolution

12.1. Dutch law applies to the legal relationship between Max Models and the client. Any disputes between the parties will be settled by the competent court in Amsterdam.