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GENERAL TERMS AND CONDITIONS

KKH MANAGEMENT

 

Definitions

E-mail: Info@kkh-management.com

Website: Kkh-management.com

  1. KKH Management: KKH Management, established in Groningen, The Netherlands , Chamber of Commerce (KVK) no. 89604644.
  2. A client is defined as: the party which KKH Management has entered into an agreement with, using KKH’s services and/or the person who wishes to receive an invoice for these services. 
  3. Hired person refers to: anyone who, at the proposal of KKH, participates in an assignment or job as an actor, model, dancer, artist, make-up artist, photographer, videographer, marketing specialist or production assistant.
  4. Parties: KKH Management and client together.
  5. Consumer: a client who is an individual acting for private purposes.

 

General and applicability

  1. KKH Management (KKH) mediates on behalf of actors, models, dancers, artists, extras and clients. Unless otherwise agreed upon in writing, these General Terms and Conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of KKH.
  2. Unless otherwise agreed upon in writing, all instances in which a booking agreement is concluded between a client and a KKH employee or employees, the following conditions apply and the client accepts that these conditions prevail even if the client applies general terms and conditions.

2a) Parties can only deviate from these conditions if they have explicitly agreed upon this in writing.

2b) The parties explicitly exclude the applicability of supplementary and/or deviating general terms and conditions of the Client or of third parties.

3. KKH respects the privacy of its users. Personal data of users is therefore treated and secured by KKH with the utmost care.

4. More information about the Dutch Data Protection Authority and about privacy can be found at https://www.cbpweb.nl

 

Offers and quotations

  1. Offers and quotations from KKH are without engagement, unless explicitly stated otherwise.
  2. An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is stated in the offer or quotation.
  3. If the client does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

 

Acceptance

  1. Upon acceptance of a quotation or offer without engagement, KKH reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the client.
  2. Verbal acceptance of the client only commits KKH after the client has confirmed this in writing (or electronically).

 

Prices

  1. All prices used by KKH are in euros, are exclusive of VAT, an agency fee, and any other costs such as administration costs, levies and travel-, shipping-, lodging- or transport expenses, unless explicitly stated otherwise or agreed otherwise.
  2. KKH is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. Rates are determined in consultation with KKH, the client and the hired person and depend on the nature and scope of the work and experience of the hired person.
  4. The client has the choice to book the hired person(s) at a daily rate, a half-day rate, or per hour. The daily rate is payable for bookings of up to 8.5 hours while the half-day rate consists of 4.5 consecutive working hours.
  5. The standard rates usually consist of a fee for work and publishing (buy-out fee) rights.
  6. Payment for work (services provided) are as follows unless otherwise stated in advance:

6a) Daily rate: this rate is charged for bookings of 1 day. In this case, the hired person(s) is available to the client for 8.5 hours.

6b) Fittings and rehearsals: In the event of a fitting or rehearsal prior to a booking, 50% of the agreed upon hourly rate for the booking will be charged for the first two hours; After that, the normal hourly booking applies, unless otherwise explicitly agreed upon in writing.

6c) Casting: When hired person(s) are asked for a casting: on request.

7.  Compensation for publication right is as follows:

7a) Photo assignments/services/jobs: the client obtains the publication right to publish the photo material made on the recording date for a period of 1 year, unless otherwise agreed, after the publication date.

8. The total of the amounts referred to in the previous paragraphs, together with the statutory obligation to calculate and add the amount of VAT,  is the total of the rates owed to KKH by the client, plus any surcharges, the invoice amount.

9. The client has an obligation to notify KKH in regards to any changes, adjustments, and/or circumstances in which the hired person(s), material and/or publication rights are used differently than agreed on in writing between the client, hired person(s) and KKH.

10. Cost of travel and lodging:

10a) The client must reimburse the full travel costs based on 0.21 cents per kilometer or on the basis of a 2nd class train ticket, unless otherwise agreed upon. 

10b) Coverage of lodging expenses will be determined by the client and KKH based on the nature and location of the assignment (job) at hand. 

11. KKH has the right to adjust prices annually.

12. KKH will communicate price adjustments to the client prior to the moment the price increase becomes effective.

13. The consumer has the right to terminate the contract with KKH if they do not agree with the price increase.

 

Payments and payment terms

  1. KKH may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The client must have paid the full invoice amount within 1 month (30 days), after the invoice date.
  3. KKH invoices and collects the payment owed by the client to the hired person(s) on behalf of the hired person(s). After the client has fully fulfilled their financial obligations to KKH, the agreed on compensation will be paid to the hired person(s).
  4. KKH is in no way liable if a client does not pay an invoice, does not pay it on time or does not pay it in full, for whatever reason. All costs incurred by KKH, whether or not for or on behalf of the hired person(s), to enforce his/her rights, as well as all judicial and extrajudicial costs in the event of the engagement of an authorized representative, lawyer or bailiff, will be borne by the client. Extrajudicial costs are payable by the client without further notice or notice of default in all cases in which KKH, whether or not for or on behalf of the hired person(s), has had to engage an authorized representative, lawyer or bailiff to collect KKH’s claim due to non-payment of an invoice or the hired person(s), or to enforce the rights of KKH or of the hired person(s).
  5. The hired person(s) is/are responsible for processing reimbursements in their tax return(s) and will therefore be responsible for payment of the tax due, etc. The hired person(s) is obliged to indemnify KKH against claims from the tax authorities and/or social security benefit agencies etc. to the point. If the hired person is in possession of a declaration of independence, the hired person is obliged to send KKH an invoice for the amount due, plus VAT.
  6. Payment terms are considered as fatal payment terms. This means that if the client has not paid the agreed amount at the latest on the last day of the payment term, it is legally in default, without KKH having to send the client a reminder or to put it in default.
  7. KKH reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
  8. Consequences of late payment

8a) If the client does not pay within the agreed term, KKH is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the client is in default, whereby a part of a month is counted for a whole month.

8b) When the client is in default, it is also due to extrajudicial collection costs and may be obliged to pay any compensation to KKH.

8c) The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

8d) If the client does not pay on time, KKH may suspend its obligations until the client has met its payment obligation.

8e) In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the client, the claims of KKH on the client are immediately due and payable.

8f) If the client refuses to cooperate with the performance of the agreement by KKH, it is still obliged to pay the agreed price to KKH.

 

Bookings

  1. A booking agreement is an agreement between KKH and the hired person(s). The client or their representative makes bookings with KKH for, among other things, parties to be hired.
  2. A booking is binding following a written and/or oral booking agreement, made by telephone, by post or by email or by text message or WhatsApp.
  3. A booking agreement does not involve an employment contract or employment relationship. KKH is not an employer and only mediates on behalf of hired person(s)/parties and clients.
  4. The hired person(s) is/are obliged to carry out the agreed work carefully, independently and professionally in accordance with the instructions of the client and KKH.
  5. The hired person(s) undertakes to KKH to carry out the agreed work on the day, time and manner as discussed and for the agreed remuneration.
  6. If the hired person(s) do not fulfill the obligations as agreed in the booking, KKH has the right not to pay out the agreed amount or to pay in part.
  7. Options for hired person(s) must be submitted to the client no later than one working day before the start of any bookings to be confirmed for execution.
  8. If another client wants the relevant hired person(s) for the same day(s), KKH must at that time decide to convert the option into a booking agreement. If the option is not converted into a booking agreement, the option expires and the other client can book the hired person(s) for that date. KKH represents the interests and affairs of its hired person(s). 
  9. KKH’s clients are not permitted to contact those hired directly about legal or financial matters. Clients are not permitted to enter into agreements directly with a hired person(s) without the prior, explicit written consent of KKH. The hired person(s) is/are not permitted to contact clients directly about legal and/or financial matters. The hired person(s) is/are also not permitted to enter into direct agreements with clients without the prior, explicit written consent of KKH.
  10. If the hired person(s) agree(s) verbally or in writing with an offer submitted by KKH, then a booking agreement has been concluded between the hired person(s) and the client. An orally accepted offer will be confirmed in writing by KKH as soon as possible. Every agreement entered into by the hired person(s) remain(s) in force and any right of use of images already granted remains valid for the duration and scope as agreed, even if the hired person(s) has/have terminated the collaboration with KKH.

 

Material

  1. Other (than determined in these General Terms and Conditions) use or reuse of photos and film material is prohibited, unless KKH has given prior explicit and written permission. KKH is obliged to provide written permission and the compensation required for this request. 
  2. To protect the models and models for which KKH mediates, the following applies:

2a) The lack of a written offer or a copy thereof in TMB’s administration serves as binding proof that the permission required for image rights has not been granted.

3. Publications of models that include texts, computer or other simulations, images, background and/or other effects that violate the truth or decency of the model are prohibited.

4. The use of the image of the models is protected under the Copyright Act. The provisions in the Copyright Act on these image rights are in full force.

5. The image and/or film material of the hired person(s) through KKH remains owned by KKH. The hired person(s) hereby also grant KKH permission to use his/her images and/or film recordings in the broadest sense of the word for KKH’s promotional purposes, including, but not limited to, their placement on the KKH website, (photography) and social media related to KKH.

 

Suspension of obligations by the Client

The Client waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Settlement

The client waives its right to settle any debt to KKH with any claim on KKH.

 

Insurance

  1. The client undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

1a) Goods delivered that are necessary for the execution of the underlying agreement

1b) Goods being property of KKH that are present at the premises of the client goods that have been delivered under retention of title

2. At the first request of KKH, the client provides the policy for these insurances for inspection.

 

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for KKH , not obligations of results.

 

Performance of the agreement

  1. KKH executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. KKH has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the (possibly) agreed advance by the client.
  4. It is the responsibility of the client that KKH can start the implementation of the agreement on time.
  5. If the client has not ensured that KKH can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the client

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Duty to inform by the client

  1. The client shall make available to KKH all information, data and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
  2. The client guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
  3. If and insofar as the client requests this, KKH will return the relevant documents.
  4. If the client does not timely and properly provide the information, data or documents reasonably required by KKH and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the client.

 

Confidentiality

  1. The client keeps any information it receives (in whatever form) from KKH confidential.
  2. The same applies to all other information concerning KKH of which it knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to KKH.
  3. The client takes all necessary measures to ensure that it keeps the information referred to in paragraphs 1 and 2 secret.
  4. The obligation of secrecy described in this article does not apply to information: which was already made public before the client heard this information or which later became public without being the result of a violation of the client’s duty to confidentiality which is made public by the client due to a legal obligation
  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

 

Penalties

  1.  If the client violates the articles of these general terms and conditions about secrecy or intellectual property, then it forfeits on behalf of KKH an immediately due and payable fine of € 1.000 if the client is a consumer and € 5.000 if the client is a company, for each violation. In addition an amount of 5% of the aforementioned amount will be charged for each day that this violation continues.
  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of KKH including its right to claim compensation in addition to the fine.

 

Indemnity

  1. The client indemnifies KKH against all third-party claims that are related to the products and/or services supplied by KKH.

 

Complaints

  1. The client must examine a product or service provided by KKH as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the client could reasonably expect from the agreement, the client must inform KKH of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform KKH of this within two months after detection of the shortcomings.
  4. The client gives a detailed description as possible of the shortcomings, so that KKH is able to respond adequately.
  5. The client must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to KKH being forced to perform other work than has been agreed upon.

 

Giving notice

  1. The client must provide any notice of default to KKH in writing.
  2. It is the responsibility of the client that a notice of default actually reaches KKH (in time).

 

Joint and several client liabilities

  1. If KKH enters into an agreement with several clients, each of them shall be jointly and severally liable for the full amounts due to KKH under that agreement.

 

Liability

  1. KKH is not liable for damage or loss to the client or the hired person(s), of any nature whatsoever, including damage caused by accidents, disability and death of the hired person on the way to and from the recording location, and during or as a result of recording(s)/and activities of the hired person(s).

1a) KKH is only liable for any damage the client suffers if and insofar as this damage is caused by intent or gross negligence.

1b) If KKH is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

2. Both the client and the hired person(s) are liable for insuring themselves against damage or loss arising during or in connection with the recording(s)/work. The hired person(s) are themselves liable for insuring themselves against the costs of illness and disability.

3. KKH is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

4. If KKH is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Sharing and disclosure of personal data

  1. Personal data will only be provided by KKH to a third party if the user has been informed in advance which personal data and for what purpose these personal data will be provided to third parties and the user has explicitly agreed in advance to the scope of the personal data to third parties, unless one of the exceptions mentioned under b applies.
  2. KKH has the right to provide personal data to third parties without the prior consent of the user:

2a) in the context of a legal regulation or legal procedure;

2b) to protect the rights or property of KKH;

2c) to prevent a crime or to protect state security;

2d) if fraud or other illegal activities are suspected;

2e) it is necessary for the execution of the agreement that KKH has with the person(s), such as providing their data to the client with whom the candidate has a match for an assignment/job.

 

Registration

  1. The decision whether or not to register a hired person(s) in KKH’s database rests entirely with KKH and does not need to be explained by it.
  2. If a hired person(s) does not object to the general and financial terms and conditions within 5 working days of registration with KKH, the hired person(s) is/are deemed to fully agree with/ consent to the content thereof.
  3. Upon registration, the hired person(s) provide(s) KKH with the personal data. The hired person(s) also provide(s) KKH with any available images of the hired person. KKH is entitled, but not obliged, to have image(s) and/or recording(s) of the hired person(s) made. The hired person(s) hereby also grants KKH permission to use their data and all image recordings in the broadest sense of the word for obtaining assignments (jobs) for the hired party via clients of KKH, including, but not limited to, their placement on the website of KKH and their presentation to potential clients.
  4. The hired person(s) must ensure that any additional images supplied are free of rights, so that when they are used, the rights of third parties (such as the photographers) are not violated. The hired person(s) indemnifies KKH against claims from third parties due to the lack of permission for use by KKH or third parties.
  1. When registering, there is no employment contract or employment relationship. KKH is not an employer. The hired person(s) perform(s) work for a third party (the client), as a result of work carried out by KKH, namely mediation between the client and the hired person(s). KKH makes every effort to establish a booking agreement between the hired person(s) and the client. The hired person(s) is/are obliged to KKH at all times to comply with the conditions of the said conditions to fulfill the booking agreement.
  2. The hired person will inform KKH of any changes of address and new contact details in a timely manner.

 

Dutch right

  1. Dutch law applies to these conditions. All disputes that may arise between the client and/or the hired person(s) on the one hand and KKH on the other hand, or between the client on the one hand and the hired person(s) on the other hand, will be settled exclusively by the competent court in Amsterdam.
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