Condiciones generales de uso del sitio web MODELMANAGEMENT.COM y de la aplicación móvil MODEL NOW por parte de las modelos ("Modelos")

General terms and conditions for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by models (“Models”)

LAST UPDATED: Dec 20, 2023

By logging on to website MODELMANAGEMENT.COM and mobile application MODEL NOW Models accept the following General Terms and Conditions (hereinafter the “GTCs”) for using website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Model enters into this agreement on the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW services with MODEL MANAGEMENT DOT COM S.L., Moll de Barcelona, WTC, 08039 Barcelona, Spain. Additional contact information, commercial registry data, as well as the name of the authorized representative of website MODELMANAGEMENT.COM and mobile application MODEL NOW are accessible via “Privacy Policy”.

A. DEFINITIONS

“Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators visiting or using website MODELMANAGEMENT.COM or mobile application MODEL NOW;

“Models”: Models visiting or using website MODELMANAGEMENT.COM and mobile application MODEL NOW;

“B-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Booking System;

“B-Models”: Models of legal age (18 years-old and older) that are subscribed to website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Booking System;

“M-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Marketplace;

“M-Models”: Models of legal age (18 years-old and older) that are subscribed to website MODELMANAGEMENT.COM or mobile application MODEL NOW and that use the Marketplace;

“GTCs”: General Terms and Conditions for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by Models, including Sections A to C.

“GTCs Booking System”: General Terms and Conditions accepted by Models and Professionals for the use of the Booking System.

“Booking System”: Feature on website MODELMANAGEMENT.COM through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;

Marketplace: Feature on website MODELMANAGEMENT.COM through which registered Professionals are able to advertise and sell their professional services to a Model of legal age (18 years old or over);

“Website”: MODELMANAGEMENT.COM.

“Mobile application”: MODEL NOW.

“Total Price”: Total amount that B-Professionals must pay by PayPal, Apple Pay or credit card on website MODELMANAGEMENT.COM for booking a B-Model through the Booking System;

Total amount that M-Models must pay by PayPal, Apple Pay or credit card on website MODELMANAGEMENT.COM for purchasing the services of a M-Professional through the Marketplace;

“Purchasable offer”: A professional service that can be purchased by a M-Model from a M-Professional within the Marketplace on website MODELMANAGEMENT.COM

“Agreed Date”: End date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;

“Start Date”: Start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;

“Agreed Fee”: Fee agreed between the B-Professional and the B-Model for the job requested by the B-Professional to the B-Model through the Booking System.

"User"Professional or model authorized and entitled to use services provided by MM.

“Prohibited activities”:It is prohibited to use the services described in this GTCs in any way that:

causes or is likely to cause interruption, damage or impairment of any services or access thereto;
interferes with or is likely to interfere with any other user of the services;
interferes with or harms any other user of the services;
is for fraudulent purposes, or in connection with a criminal or other unlawful activity;
constitutes an offer or solicitation of prostitution or pornography services or content.
in any manner not permitted by these GTCs.

“Premium Services for Models”: Subscription to premium services provides additional features and benefits to registered users who want to take full advantage of MODELMANAGEMENT.COM or mobile application, features fully described and permanently updated in “Memberships”.

B. USE OF website MODELMANAGEMENT.COM and mobile application MODEL NOW

1. Subject Matter

1 . 1 website MODELMANAGEMENT.COM and mobile application MODEL NOW offers Models a platform for presenting their profiles and photo books and for arranging business contacts, particularly with agents/agencies and photographers.

1 . 2 Certain limited features of website MODELMANAGEMENT.COM and mobile application MODEL NOW are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of website MODELMANAGEMENT.COM and mobile application MODEL NOW by Models are set forth under 'Fees'. The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Model shall be due immediately upon registration on website MODELMANAGEMENT.COM and mobile application MODEL NOW. Payments can be made using the various payment methods, or the available online payment systems. The Model may start using the Premium Services if and when website MODELMANAGEMENT.COM and mobile application MODEL NOW has received the applicable subscription fee.

After submitting a photography and providing an email, the registration will be done automatically, and a profile will be created.

Hereafter, MM staff carry out a verification process in order to accept or deny the created model profile. The verification process may include identification of the model and its representatives, legal capacity, and requesting information and/or documentation as deemed appropriate by staff. The verification process may take between 48 and 72 hours, depending on staff workload.

Models agree to dispense MM or any third party which provides services to MM with all identification documents (including but not limited to, copies of ID card, passport and/or government-issued driver’s license) which MM requests from Models from time to time for the purposes of verifying identity.

Verification description is not an endorsement, certification or guarantee by MM about a Professional or Model, including their identity, background or whether they are trustworthy, safe or suitable.

1 . 3 The Model acknowledges and agrees that it is technically impossible to achieve 100% availability of website MODELMANAGEMENT.COM and mobile application MODEL NOW. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall nonetheless endeavor to keep website MODELMANAGEMENT.COM and mobile application MODEL NOW available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website MODELMANAGEMENT.COM and mobile application MODEL NOW control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

1 . 4 Website MODELMANAGEMENT.COM and mobile application MODEL NOW provides Models with a platform on which to establish contact with other persons or entities, in particular model agencies. website MODELMANAGEMENT.COM and mobile application MODEL NOW does not take part in any communication between Models and/or any other users of its services. If users enter into agreements with one another via website MODELMANAGEMENT.COM and mobile application MODEL NOW, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be held liable if users are unable to contact one another over website MODELMANAGEMENT.COM and mobile application MODEL NOW regarding such agreements. Furthermore, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not be liable for breaches of agreements entered into between users.

2. Registration on website MODELMANAGEMENT.COM and mobile application MODEL NOW

2 . 1 Models must register prior to using the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2 . 2 The Model shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Model for public display with the Model’s profile, whereas the Model’s real name will not be made publicly available. The Model shall report any changes in the registration data to website MODELMANAGEMENT.COM and mobile application MODEL NOW without undue delay.

2 . 3 The sign-up to the platform by persons of minor age is not allowed, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with the applicable regulations. In any case, it will be presumed that the sign-up to the platform MODELMANAGEMENT.COM or mobile application MODEL NOW by a person of minor age has been made with the prior and express authorization of his/her parents, guardians or legal representatives. For preliminary information on the legal age in each country, see the attached Wikipedia-page

2 . 4 The Model shall choose a password upon registration, which is needed in order to access his/her account on website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Model is obliged to keep this password secret. Website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not disclose the password to any third party and website MODELMANAGEMENT.COM and mobile application MODEL NOW’S employees shall not ask for the Model’s password at any time. The Model shall notify website MODELMANAGEMENT.COM and mobile application MODEL NOW immediately of any unauthorized use of his/her password or account.

2 . 5 By completing the registration process, the Model accepts these GTCs on the use of the services of website MODELMANAGEMENT.COM and mobile application MODEL NOW. website MODELMANAGEMENT.COM and mobile application MODEL NOW accepts this offer by activating the services on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

2 . 6 It is agreed that once the Model completes profile information such as gender, ethnicity, age etc, these will be shown publicly.

2.7. Subscription

After registration, Models will be able to subscribe to Premium Services for Models, which will give them access to the features fully described and permanently updated in “Model plans”.

The updated subscription fee table and payment schedule can be consulted via link above, the subscription will be granted after payment of the corresponding fee.

3. Obligations of the Model

3 . 1 The Model is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.

3 . 2 The Model shall post on website MODELMANAGEMENT.COM and mobile application MODEL NOW only photographs, videos, content and other materials (the “Content”) that are in compliance with the Code of conduct for photographs published by website MODELMANAGEMENT.COM and mobile application MODEL NOW under Code of conduct. The Model warrants and represents that the public display of such Content is not prohibited. The Model agrees that Trusted Photographers may directly upload photos and videos of the Model that they take.

3 . 3 The Content posted by the Model shall comply with all applicable legislation, and respect all third-party rights. In particular, the Model shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).

3 . 4 The Model shall not distribute or publicly disclose the contents of website MODELMANAGEMENT.COM and mobile application MODEL NOW, or perform any actions which may impair the operability of website MODELMANAGEMENT.COM and mobile application MODEL NOW’s infrastructure, particularly actions which may overload said infrastructure.

3 . 5 The Model agrees that website MODELMANAGEMENT.COM and mobile application MODEL NOW may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Model is using website MODELMANAGEMENT.COM and mobile application MODEL NOW.

4. Changes to the Services on website MODELMANAGEMENT.COM and mobile application MODEL NOW

website MODELMANAGEMENT.COM and mobile application MODEL NOW reserves the right to modify the services offered on website MODELMANAGEMENT.COM and mobile application MODEL NOW and/or to offer services different from those offered at the time of the registration of the Model at any time, unless this is unreasonable for the Model.

5. Termination of Subscription

5 . 1 The Model may terminate his/her subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW at any time without cause. The Model may delete the account visiting https://www.modelmanagement.com/dashboard/edit-model/ and clicking on the button “Delete account”.

The subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW shall terminate automatically in case the Model does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.

5 . 2 During any term for which a Model has paid the applicable subscription fee, website MODELMANAGEMENT.COM and mobile application MODEL NOW may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for website MODELMANAGEMENT.COM and mobile application MODEL NOW to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of website MODELMANAGEMENT.COM and mobile application MODEL NOW against those of the Model. A good cause includes, among others, any the following events:

If the Model fails to comply with any applicable legal provisions;
If the Model breaches a material contractual obligation set forth in these GTCs;
If the Model causes harm to any other user(s) of website MODELMANAGEMENT.COM and mobile application MODEL NOW;
If website MODELMANAGEMENT.COM and mobile application MODEL NOW considers that the Model is involved in any immoral activity;
If the Model makes any changes or removes information in his/her profile which could affect his/her status.

5 . 3 In the event of a good cause in accordance with section 5.2, website MODELMANAGEMENT.COM and mobile application MODEL NOW is entitled to:

Delete the contents posted by the Model
Issue a warning, or
Block the Model’s access to the services on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

5 . 4 In the following cases, the Model shall not be entitled to claim reimbursement of any subscription fees paid:

If website MODELMANAGEMENT.COM and mobile application MODEL NOW has terminated the contract for good cause pursuant to section 5.2,
If website MODELMANAGEMENT.COM and mobile application MODEL NOW has blocked the Model’s access in accordance with section 5.3, or
If the Model has terminated the agreement. However, the Model’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Model has terminated the agreement for a good cause attributable to website MODELMANAGEMENT.COM and mobile application MODEL NOW.

6. Responsibility for the Model’s Content, Data or other Information

6 . 1 website MODELMANAGEMENT.COM and mobile application MODEL NOW does not make any warranties or representations regarding any data and/or information provided or made available by any user on website MODELMANAGEMENT.COM and mobile application MODEL NOW. In particular, website MODELMANAGEMENT.COM and mobile application MODEL NOW does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

6 . 2 The Model shall report any activities of any other user which violate applicable laws, and/or any of these GTCs using the contact form available on website MODELMANAGEMENT.COM and mobile application MODEL NOW.

7. Customer Service/Support

Queries regarding the agreement with website MODELMANAGEMENT.COM and mobile application MODEL NOW or regarding website MODELMANAGEMENT.COM and mobile application MODEL NOW’s services may be sent to website MODELMANAGEMENT.COM and mobile application MODEL NOW using the contact form available on website MODELMANAGEMENT.COM and mobile application MODEL NOW or by sending an e-mail to [email protected].

8. Liability of website MODELMANAGEMENT.COM and mobile application MODEL NOW

website MODELMANAGEMENT.COM and mobile application MODEL NOW (including its vicarious agents) shall only be liable for damages suffered by the Model as a consequence of its subscription to website MODELMANAGEMENT.COM and mobile application MODEL NOW if website MODELMANAGEMENT.COM and mobile application MODEL NOW is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Model.

9. Indemnity

9 . 1 The Model shall indemnify and hold website MODELMANAGEMENT.COM and mobile application MODEL NOW harmless from and against all actions, including damage claims, asserted by other users or third parties against website MODELMANAGEMENT.COM and mobile application MODEL NOW resulting from an infringement of their rights by the Contents posted by the Model on website MODELMANAGEMENT.COM and mobile application MODEL NOW. The Model assumes all reasonable costs website MODELMANAGEMENT.COM and mobile application MODEL NOW incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of website MODELMANAGEMENT.COM and mobile application MODEL NOW, including the right to claim damages, shall remain unaffected.

9 . 2 In the event the Contents posted by the Model infringes any rights of any third party, the Model shall, at his/her own expense and at website MODELMANAGEMENT.COM and mobile application MODEL NOW’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.

10. Data Protection

Website MODELMANAGEMENT.COM and mobile application MODEL NOW recognizes that any personal data provided by the Model to website MODELMANAGEMENT.COM and mobile application MODEL NOW is extremely important to the Model, and website MODELMANAGEMENT.COM and mobile application MODEL NOW shall therefore be particularly sensitive in handling such data. Website MODELMANAGEMENT.COM and mobile application MODEL NOW shall comply with all applicable legal provisions regarding data protection. In particular, website MODELMANAGEMENT.COM and mobile application MODEL NOW shall not provide or otherwise disclose any personal data of the Model to any third party without authorization. Details on website MODELMANAGEMENT.COM and mobile application MODEL NOW's treatment of the User's data are set forth in the Data Protection Policy of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

11. Feedback, Reputation and reviews

Models accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to website MODELMANAGEMENT.COM and mobile application MODEL NOW. Models acknowledge that they cannot use this feedback without prior written permission of website MODELMANAGEMENT.COM and mobile application MODEL NOW.

12. Taxes

Models are responsible for paying their own taxes. Legal VAT, according to the Law of Spain, will be added to fees billed to Models, if applicable.

13. Language

Models accepting the GTCs for using website MODELMANAGEMENT.COM and mobile application MODEL NOW declare that they fully and perfectly understand the content of the English version of these GTCs.

14. Miscellaneous

14 . 1 Any amendments to these GTCs must be made in writing in order to be valid.

14 . 2 Website MODELMANAGEMENT.COM and mobile application MODEL NOW reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Model. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall give due notice of any amendments of these GTCs to the Model. If the Model does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Model. website MODELMANAGEMENT.COM and mobile application MODEL NOW shall inform the Model about the Model's right to object and of the relevance of the objection deadline in said notice.

14 . 3 Unless otherwise stated in these GTCs, the Model may submit all notices to website MODELMANAGEMENT.COM and mobile application MODEL NOW using the contact form provided on website MODELMANAGEMENT.COM and mobile application MODEL NOW, or by sending an e-mail to [email protected].

14 . 4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.

C. BOOKING SYSTEM OF MODELMANAGEMENT.COM

The Booking System is a feature on website MODELMANAGEMENT.COM through which registered Professionals (herein after “B-Professionals”) are able to book subscribed Models of legal age (herein after “B-Models”) for a certain job.

B-Models and B-Professionals accept the following General Terms and Conditions for using the Booking System of website MODELMANAGEMENT.COM:

1. General Terms and Conditions for the use of website MODELMANAGEMENT.COM

These General Terms and Conditions for the use of the Booking System (hereinafter “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).

2. Use of the Booking System

2 . 1 B-Professionals shall make an offer to book a Model through the Booking System. To this end, B-Professionals must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Model through website MODELMANAGEMENT.COM. This form is available on the Website.

2 . 2 If the B-Model and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through website MODELMANAGEMENT.COM:

The Fee agreed between the B-Professional and the B-Model (hereinafter the “Agreed Fee”);
Plus a 15% of the Fee, corresponding to a commission for website MODELMANAGEMENT.COM;
Plus the legal VAT, according to the Law of Spain, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the B-Professional provides to website MODELMANAGEMENT.COM a valid VAT number. Hereinafter the “Total Price”.

2 . 3 The commission earned by website MODELMANAGEMENT.COM is for:

creating, hosting, maintaining, and providing its Website;
the delivered services that website MODELMANAGEMENT.COM makes accessible through its Website;
and to cover expenses and fees that website MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Model, limited to USD, EUR or GBP and other accepted currencies in the B-Model’s and the B-Professional’s location. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the B-Professional must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Booking System of website MODELMANAGEMENT.COM. No additional fees are charged to B-Professionals by website MODELMANAGEMENT.COM for the use of payment processors

3 . 3 MODELMANAGEMENT.COM takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Model for completing the job, hereinafter the “Agreed Date”.

3 . 4 Of the Total Price paid by the B-Professional, MODELMANAGEMENT.COM deducts the commission, which covers the expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-Model no later than 48 hours after the Agreed Date.

If MODELMANAGEMENT.COM is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, MODELMANAGEMENT.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Model and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, MODELMANAGEMENT.COM will charge the Total Price 1 month after the Agreed Date and transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of website MODELMANAGEMENT.COM.

3 . 5 MODELMANAGEMENT.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Professional will have to pay the owed amount to MODELMANAGEMENT.COM.

4. Cancellations and refunds

4 . 1 B-Models may cancel the booking at any time within the booking date and the Agreed Date. If the B-Model cancels the booking, the Total Price paid to MODELMANAGEMENT.COM is refunded to the B-Professional no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM.

If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to website MODELMANAGEMENT.COM no later than 24 hours after the Agreed Date.

4 . 2 B-Professionals may cancel the booking before the B-Model delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).

If the B-Professional cancels the booking before the B-Model delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: MODELMANAGEMENT.COM charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Professional no later than 14 days after the notification of the cancellation to website MODELMANAGEMENT.COM;

If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Model has delivered to him/her any of the services agreed between them, the Total Price is charged by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C).

5. Intervention of MODELMANAGEMENT.COM in the transaction

5 . 1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and MODELMANAGEMENT.COM.

5 . 2 The intervention of MODELMANAGEMENT.COM in the transaction is only for the following purposes:

To provide, host and maintain a list of Models on the Website in order to enable the Professionals to select Models for the services that they may require;
To supervise that the B-Professional correctly pays the Total Price;

5 . 3 MODELMANAGEMENT.COM is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of website MODELMANAGEMENT.COM. MODELMANAGEMENT.COM does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.

If any worker of MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including MODELMANAGEMENT.COM website, these will be considered as simple personal opinions, for which MODELMANAGEMENT.COM and/or its workers will not be held responsible.

MODELMANAGEMENT.COM is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 B-Models and B-Professionals agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 B-Agents and B-Models agree and acknowledge that MODELMANAGEMENT.COM is not responsible for:

any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.

5 . 6 MODELMANAGEMENT.COM does not offer any form of insurance since the Website and Application only provides an online venue for B-Professionals to make and offer and buy services of B-Models.

5 . 7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to MODELMANAGEMENT.COM up until 24 hours after the Agreed Date.

If MODELMANAGEMENT.COM receives the complaint within the above mentioned period, the Total Price paid by the B-Professional is held by MODELMANAGEMENT.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to MODELMANAGEMENT.COM and no agreement is reached between the B-Model and the B-Professional regarding the complaint, the Total Price is released by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after;

If MODELMANAGEMENT.COM receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section C). MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them. B-Professionals acknowledge and accept that if the complaint is made after the above mentioned period, the commission of MODELMANAGEMENT.COM will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:

The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELMANAGEMENT.COM.

If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELMANAGEMENT.COM.

If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELMANAGEMENT.COM.

6 . 3 B-Professionals and B-Models agree and acknowledge that MODELMANAGEMENT.COM does not provide legal services or legal advice of any kind.

D. MARKETPLACE OF MODELMANAGEMENT.COM

The Marketplace is a feature on website MODELMANAGEMENT.COM through which registered Professionals (hereinafter “M-Professionals”) are able to offer their professional services to subscribed Models of legal age (hereinafter “M-Models”). M-Models and M-Professionals accept the following General Terms and Conditions for using the Marketplace of website MODELMANAGEMENT.COM.

1. General Terms and Conditions for the use of website MODELMANAGEMENT.COM

These General Terms and Conditions for the use of the Marketplace (hereinafter “GTCs Marketplace”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Marketplace (Section C).

2. Use of the Marketplace

2 . 1 M-Professionals shall post a professional service as a purchasable offer for M-Models through the Marketplace. To this end, M-Professionals must determine in their purchasable offer the specific description of the purchasable offer, what the M-Models will receive and the fee that they consider adequate for this purchasable offer. The purchasable offer can be purchased by M-Models by submitting a specific form to a concrete M-Professional through MODELMANAGEMENT.COM. This form is available on the MODELMANAGEMENT.COM Website.

2 . 2 The M-Model is obliged to pay for the purchasable offer through MODELMANAGEMENT.COM.

The Fee displayed for the Marketplace purchasable offer by the M-Professional;
20% of the Fee, which is included in the displayed fee on the MODELMANAGEMENT.COM website, corresponds to a commission for MODELMANAGEMENT.COM;

Plus the legal VAT, according to the Law of Spain, if applicable. Value Added Taxes are charged to EU residents unless the M-Professional provides to MODELMANAGEMENT.COM a valid VAT number.

Hereinafter the “Total Price”.

2 . 3 The commission earned by MODELMANAGEMENT.COM is for:

creating, hosting, maintaining, and providing its Website; the delivered services that MODELMANAGEMENT.COM makes accessible through its Website; and to cover expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment

3 . 1 The currency of the Agreed Fee is agreed between the M-Professional and the M-Model, limited to USD, EUR or GBP and other accepted currencies in the M-Model’s and M-Professional’s location. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the M-Model must be made by PayPal, Apple Pay or credit card through the mechanisms available on the Marketplace of MODELMANAGEMENT.COM. No additional fees are charged to M-Models by MODELMANAGEMENT.COM for the use of payment processors.

3 . 3 MODELMANAGEMENT.COM takes and holds the money paid through the Marketplace and only releases it to the M-Professional after the agreed purchasable offer has been completed with the M-Model, hereinafter the “Completed Date”.

3 . 4 Of the Total Price paid by the M-Model, MODELMANAGEMENT.COM deducts the commission, which covers the expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the M-Professional no later than 30 days after MODELMANAGEMENT.COM receives the invoice from the M-Professional.

If MODELMANAGEMENT.COM is informed by the M-Model or by the M-Professional of a dispute between them regarding the purchasable offer completion or if there are technical problems, MODELMANAGEMENT.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the M-Model and the M-Professional, or the technical problems are not solved within 1 month after the Completed Date, MODELMANAGEMENT.COM will charge the Total Price 1 month after the Completed Date and transfer to the M-Professional the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the M-Model and the M-Professional will have to be solved judicially and extra-judicially with no intervention of MODELMANAGEMENT.COM.

3 . 5 MODELMANAGEMENT.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the M-Model will have to pay the owed amount to website MODELMANAGEMENT.COM.

3 . 6 M-Models agree not to make any chargebacks or reverse any payment made by them to MODELMANAGEMENT.COM.

4. Cancellations and refunds

4 . 1 M-Professionals may cancel the purchasable offer at any time before the purchasable offer has been realised by the M-Professional. If the M-Professional cancels the purchasable offer, the Total Price paid by the M-Model to website MODELMANAGEMENT.COM is refunded to the M-Model no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM. If the M-Professional cancels the purchasable offer it is the responsibility of both the M-Professional and the M-Model to notify the cancellation to MODELMANAGEMENT.COM no later than 24 hours after notice of the cancelation.

5. Intervention of website MODELMANAGEMENT.COM

5 . 1 If the M-Model effectively purchases a purchasable offer from a M-Professional through the Marketplace, the persons intervening in this process are the Professional, the Model and website MODELMANAGEMENT.COM.

5 . 2 The intervention of website MODELMANAGEMENT.COM in the transaction is only for the following purposes:

To provide, host and maintain a list of Models on the Website in order to enable the M-Models to select offers from M-Professionals that they may require;

To supervise that the M-Model correctly pays the Total Price;

5 . 3 website MODELMANAGEMENT.COM is only an intermediary. The agreement is reached by the M-Model and the M-Professional without any recommendation of website MODELMANAGEMENT.COM. Website MODELMANAGEMENT.COM does not take any decision on the suitability of a purchasable offer for a M-Model from a M-Professional. The only person responsible for the decision and of the adequacy for a concrete offer is the M-Model.

If any worker of website MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including website MODELMANAGEMENT.COM, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.

Website MODELMANAGEMENT.COM is not responsible for the offer carried out by the M-Professional. M-Models and M-Professional agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for any issue arising between them regarding the completion of the specific offer. The responsibilities of the M-Professional and the M-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 M-Models and M-Professionals agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 M-Professionals and M-Models agree and acknowledge that website MODELMANAGEMENT.COM is not responsible for:

any expenses, including travelling and food expenses, incurred by the M-Model or the M-Professional; the correct completion of the job; the veracity or accuracy of any document or information given between the M-Model or the M-Professional; and the use by the M-Models and/or the M-Professional of the information and documents exchanged between them.

5 . 6 Website MODELMANAGEMENT.COM does not offer any form of insurance since the Website only provides an online venue for M-Professionals to make purchasable offers for M-Models to purchase.

5 . 7 Depending on the applicable jurisdiction, M-Models and M-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes

6 . 1 M-Models can raise any complaints that they may have regarding the completion of the purchasable offer by the M-Professional to website MODELMANAGEMENT.COM up until 24 hours after the completion of the purchasable offer.

If website MODELMANAGEMENT.COM receives the complaint within the above mentioned period, the Total Price paid by the M-Model is held by MODELMANAGEMENT.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to MODELMANAGEMENT.COM and no agreement is reached between the M-Model and the M-Professional regarding the complaint, the Total Price is released by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4 (Section D) and any dispute that may arise between the M-Professional and the M-Model shall be solved judicially or extra-judicially by them;

If MODELMANAGEMENT.COM receives the complaint after the above mentioned period, the Total Price is charged as specified in Clause 3.3 (Section D). MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section D) and any dispute that may arise between the M-Professional and the M-Model shall be solved judicially or extra-judicially by them. M-Models acknowledge and accept that if the complaint is made after the above mentioned period, the commission of MODELMANAGEMENT.COM will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the M-Professional and the M-Model through the Marketplace arises:

The M-Professional and the M-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELMANAGEMENT.COM.

If the M-Professional and the M-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELMANAGEMENT.COM.

If the M-Professional and the M-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELMANAGEMENT.COM.

6 . 3 M-Professionals and M-Models agree and acknowledge that MODELMANAGEMENT.COM does not provide legal services or legal advice of any kind.

E. Refund Policy

Refund policy for website MODELMANAGEMENT.COM users:

The MODEL can request the reimbursement of their payment for a service within the period established by law (14 DAYS).

Refunds on services contracted for a period of time after the said 14 day period, cannot be made.

Refunds on memberships or subscription renewals cannot be made.

The MODEL has the right to a refund on Marketplace

Refunds can be offered only if the user did not apply to more than 1 casting and did not initiate conversations with any models or professionals using messaging features on MODELMANAGEMENT.COM.

A full refund will be offered to models that have an account which can’t be approved.

Refund rules for Mobile APP “Model Now” including the Free trial, are set by iTunes or Google play. Models or Professionals subscribed to the Free trial on Mobile APP “Model Now”, who have been charged at the completion of the Free trial are informed about cancelling and the refund policy before subscribing to the free trial:

iTunes: ‘‘Policy: You can cancel until 1 day before every renewal date in settings --> Apple ID. Subscription is automatically renewed until its cancelled’

Apple Terms. If you use or download this application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement

You also agree to Apple's Privacy Policy

Google Play: “Cancel at any time in Subscriptions on Google Play. You won’t be charged if you cancel before the end of the free trial.”

Free trial shall be canceled through the APP as it applies only for APP users and cannot be done through the web.

If a Model or Professional has been charged after a Free trial and a refund is required, the Model or Professional should contact iTunes or Google Play directly. Check here for more information :
iTunes refund policy
Google Play refund policy

F. ADDITIONAL SERVICES: Model academy

MM offers, subject to registration and subscription to any Model, the Model academy service. It is an online course, which provides information and tools to explain modeling work and to manage a modeling career. The course may have the following content:

Modeling vocabulary
Types of modelling
Personal branding
Modeling management
Castings
How to start modeling
Safety, payments and contracts

At the end of the course, a final test is carried out, with the sole purpose of providing the user with an assessment of the level of knowledge acquired.

MM reserves the right to make changes at any time, including the removal of this service. MM does not provide educational services of professional certificate of any kind. Information provided though the Model academy can under no circumstances be considered legal or binding recommendation.

G. APPLICABLE LAW AND COMPETENT COURTS

GTCs governing the website and mobile application, as well as the relationships that may arise from them, are protected and subject to Spanish Law, with exclusion of foral law. For the resolution of any type of controversy, litigation or discrepancy that may arise between any user and MM, due to the use of website or mobile application, it is agreed to submit to the Courts and Tribunals of Barcelona.

In the event that you are acting as a consumer and the mandatory consumer law applicable in your country of residence contains provisions that are more beneficial to you, those provisions will apply irrespective of your choice of law in Spain. If you are acting as a consumer, you may bring any legal proceedings in relation to these GTC in the competent court of MM’s registered office in Spain. If MM wishes to enforce any of its rights against you as a consumer, it may only do so in the courts of the jurisdiction in which you are resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Barcelona’s courts.

H. COPYRIGHT AND OTHER RIGHTS

All content included in or made available by MM, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of MM and is protected by Spanish and international copyright and authors’ rights laws and database right laws.

Other than to extent necessary to use the MM services for their permitted purposes and in accordance with these GTCs, you may not copy, extract and/or re-utilize any content of MM without express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the MM Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the MM Services or their content without our express written consent.

I. USERS UNDER LEGAL AGE

For the use of the services offered by MM, minors must always obtain prior consent from their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by minors in their care. The responsibility for determining the specific content to which minors have access lies with them, which is why, if they access inappropriate content on the Internet, mechanisms will have to be established on their computers, in particular computer programmes, filters and blocks, which allow them to limit the available content and, although they are not infallible, they are particularly useful for controlling and restricting the material to which minors can have access. Any profile of a minor user or its registration without the required authorisation will be deleted or will not be considered unless the required authorisation from the legal representative is received. Therefore, an email address, telephone number or other contact information for the legal representative will be required from minor. In the event that the legal representative refuses, or in the event that approval is not given within 15 days of our request, all data submitted by the user will be deleted. Legal representative's contact information will be the only information that will be used in case we intend to contact the minor to propose a meeting, where attendance of the legal representative will be required.

J. CONTACT POINT FOR COMMUNICATION

Authorities: [email protected]

Users: Contact us (modelmanagement.com)

K. CONTENT PARAMETERS

MM uses an algorithm to generate search results that capture the user's attention. It does this by sifting through the millions of ads for each specific search. It works as follows: the user enters certain search criteria and the algorithm returns those ads that meet the requirements they have selected.

MM has several filters that help users to narrow down their searches. The algorithm takes many factors into accounts when deciding how to rank the results, but some carry more weight than others. These are the main parameters:

Search parameters used (e.g. price, time and duration, job required,country)
Characteristics of the post (e.g. prices, dates, reviews, category)
User requirements and preferences.
Rating and activity.
The purchasing of any Boosting services by Professionals that give them a higher visibility or their castings posts.

The search results displayed on MODELMANAGEMENT.COM and the mobile application may be different.

L. INFORMATION ON THE AVERAGE MONTHLY NUMBER OF ACTIVE RECIPIENTS IN THE EU [NOT MANDATORY IF IT IS A PYME BUT RECOMMENDED]

Pursuant to article 24(2) of the Digital Services Act, by 17 February 2023 and at least once every six months thereafter, online platforms “shall publish for each online platform or online search engine, in a publicly available section of their online interface, information on the average monthly active recipients of the service in the Union, calculated as an average over the period of the past six months and in accordance with the methodology laid down in the delegated acts referred to in Article 33(3)”.

MM is excluded from publishing the above mentioned information by virtue of article 19 DSA.Nevertheless, MM will make available to the relevant authority the information requested in due time and manner.