Booking terms

1. Definitions

1.1“Agency” means DEELY CREATORS, a modelling and talent agency established in the Netherlands, registered with the Dutch Chamber of Commerce (KVK) under number 78176913.

1.2“Client” means the brand, company, agency, or individual engaging the Agency’s services.

1.3“Model” means any model, creative or other individual represented by the Agency and booked under these Terms.

1.4“Booking” means a specific assignment agreed between the Agency and the Client, as confirmed in a Booking Confirmation.

1.5“Booking Confirmation” means the written document, in any form (including e-mail), confirming the specific terms of a Booking, which forms part of the agreement between the Agency and the Client together with these Terms.

1.6“Usage Rights” means the rights granted to the Client to use, reproduce, distribute or otherwise exploit any images, footage or other material featuring the Talent, as specified in the applicable Booking Confirmation.

2. Applicability

2.1These Booking Terms (“Terms”) apply to all offers, quotations, Bookings and agreements between the Agency and the Client, unless otherwise agreed in writing.

2.2By confirming a Booking, whether in writing, by e-mail, or by conduct (including allowing the Booking to proceed), the Client accepts these Terms in full.

2.3Any general terms and conditions used by the Client are expressly rejected and do not apply, unless the Agency has explicitly accepted them in writing.

2.4If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that most closely reflects its intended purpose.

3. Offers, Quotations and Bookings

3.1All offers and quotations issued by the Agency are without obligation and subject to availability of the Model, unless expressly stated otherwise.

3.2A Booking is only binding once confirmed in writing by both the Agency and the Client through a Booking Confirmation.

3.3The Agency acts as the representative of the Model. The agreement for a Booking is entered into between the Agency and the Client; the Agency contracts on its own behalf and, where relevant, on behalf of the Model it represents.

3.4Any changes to a confirmed Booking (including date, location, scope, or Model involved) must be agreed in writing by both parties and may affect the fee.

4. Fees and Payment

4.1Fees for a Booking are as set out in the applicable Booking Confirmation and are exclusive of VAT, unless stated otherwise.

4.2The Agency will invoice the Client following the Booking, unless otherwise agreed. Invoices are payable within 14 days of the invoice date, unless a different term is stated on the invoice.

4.3If the Client fails to pay by the due date, the Client is automatically in default without further notice being required, and the Agency is entitled to charge statutory commercial interest and reasonable collection costs.

4.4Any additional costs reasonably incurred in connection with a Booking (including but not limited to travel, accommodation, or overtime beyond the agreed duration) will be charged separately, unless included in the agreed fee.

4.5The Agency may require a deposit or advance payment prior to a Booking, as specified in the Booking Confirmation.

5. Usage Rights

5.1No Usage Rights are granted to the Client beyond those explicitly set out in the Booking Confirmation. Any use of images, footage or other material featuring the Model outside the agreed scope (including but not limited to media, territory, duration, or exclusivity) requires the Agency’s prior written consent and may be subject to an additional fee.

5.2Usage Rights are personal to the Client and may not be transferred, sublicensed, or assigned to a third party without the Agency’s prior written consent, unless expressly agreed otherwise.

5.3Where no duration for the Usage Rights is specified in the Booking Confirmation, the Usage Rights are deemed granted for a period of twelve (12) months from the date of first use, for the territory of the Netherlands only, non-exclusive.

5.4The Agency and the Model retain the right to use resulting images or footage for their own portfolio, promotional and archival purposes, unless expressly agreed otherwise in writing.

5.5The Client’s right to exercise any Usage Rights only takes effect once the Agency has received full payment of the corresponding invoice. Prior to full payment, no Usage Rights are granted to the Client, regardless of whether any use has already taken place.

6. Artificial Intelligence and Synthetic Media

6.1The Client shall not use, edit, manipulate, synthesize, clone, generate, train (machine learning) or otherwise process any images, footage or other material featuring the Model, or the Model’s likeness or image, for or in connection with artificial intelligence applications, including but not limited to training machine learning models, generating synthetic or AI-generated content, or creating a digital likeness of the Model, without (i) the Agency’s and the Model’s prior explicit written consent, and (ii) a separate written agreement providing for a market-conform additional fee, to be negotiated with the Agency.

6.2Any breach of this Article constitutes a material breach of these Terms. The Client shall immediately cease the relevant use upon notice from the Agency and shall compensate the Agency and/or the Model for all resulting damages and costs, without prejudice to the Agency’s and/or the Model’s right to pursue any other legal remedy.

7. Cancellation and Postponement

7.1A Booking may be cancelled or postponed by the Client only in accordance with the cancellation terms set out in the Booking Confirmation.

7.2In the absence of specific cancellation terms in the Booking Confirmation, the following applies: cancellation more than 5 business days before the Booking date is free of charge; cancellation within 5 to 2 business days is subject to 50% of the agreed fee; cancellation within 48 hours of the Booking, or a no-show by the Client, is subject to 100% of the agreed fee.

7.3If a Booking is cancelled by the Agency due to illness, unavailability, or another valid reason on the part of the Model, the Agency will use reasonable efforts to propose a suitable replacement or a new date, and the Client shall not owe any cancellation fee for that Booking.

8. Exclusivity

8.1Unless expressly agreed in writing in the Booking Confirmation, no exclusivity is granted to the Client, and the Model remains free to work for other clients, including competitors.

9. Minors

9.1Where a Booking involves a Talent under the age of 18, the Agency will ensure that written parental or guardian consent has been obtained prior to the Booking.

9.2The Agency will arrange for a chaperone or guardian to be present for the duration of any Booking involving a Model under the age of 16, and will use reasonable efforts to do so for Model aged 16 or 17, unless otherwise agreed.

9.3The Client shall ensure working hours, breaks, and working conditions comply with applicable Dutch legislation on the employment of minors (Arbeidstijdenwet and related regulations), and shall cooperate with any reasonable requirements of the Agency or chaperone to safeguard the wellbeing of the minor Model.

9.4The Client shall not use images or footage of a minor Model in any manner that falls outside the Usage Rights agreed with the Agency and, where applicable, consented to by the parent or guardian.

10. Conduct on Set

10.1The Client shall ensure a safe, respectful and professional working environment for the Model at all times, including but not limited to appropriate breaks, food and water, and changing facilities.

10.2The Client shall not request the Model to perform acts that fall outside the agreed scope of the Booking, including nudity or content of a sexual nature, unless explicitly agreed in advance and set out in the Booking Confirmation.

11. Liability

11.1The Agency’s liability towards the Client for any damages arising from or in connection with a Booking is limited to the fee paid by the Client for that specific Booking, save in cases of intent or wilful misconduct on the part of the Agency.

11.2The Agency is not liable for any indirect or consequential damages, including loss of profit, loss of goodwill, or business interruption.

11.3The Client is responsible for obtaining appropriate insurance in connection with its use of any location, equipment, or materials during a Booking.

12. Confidentiality

12.1Both parties shall treat as confidential any non-public information disclosed in connection with a Booking, and shall not disclose such information to third parties without prior written consent, except as required by law.

13. Data Protection

13.1Where personal data is processed in connection with a Booking, both parties shall process such data in accordance with the GDPR and applicable Dutch data protection legislation.

13.2Further details on how the Agency processes personal data are set out in the Agency’s Privacy Policy, which forms part of these Terms.

14. Force Majeure

14.1Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including illness, accident, transport disruption, or other events of force majeure. The affected party shall notify the other party as soon as reasonably possible.

15. Promotional Use by the Agency

15.1The Agency is entitled to use the Client’s name and a brief description of the Booking for its own promotional purposes, including but not limited to its website, portfolio and social media, unless the Client has objected to this in writing.

16. Governing Law and Disputes

16.1These Terms and all agreements between the Agency and the Client are governed exclusively by the laws of the Netherlands.

16.2Any dispute arising from or in connection with these Terms or a Booking shall be submitted to the competent court in the Netherlands, unless the parties agree otherwise in writing.

17. Miscellaneous

17.1These Terms may be amended by the Agency from time to time. The version published on the Agency’s website at the time of the Booking Confirmation applies.

17.2These Terms are available on the Agency’s website and will be provided to the Client, on request, in advance of any Booking.