Performer agreement
between
PROCAST Photo / Video GmbH, Holstenwall 7, 20355 Hamburg / Brunnenstrasse 183, 10119 Berlin
-hereinafter referred to as the Agency
and
First name/surname: _____________________________
Address/city or town/post code: ______________________
-hereinafter referred to as the Performer
1. The Agency places photo models, actors and performers with the Clients – e.g., photographers, film productions, advertising agencies and film directors – for commercials, feature films and advertisement photos. For the term of this agreement the Agency undertakes to place the Performer with a Client, whereby the Agency shall not be liable for the possible lack of success. The Performer shall contribute to a successful placement by taking all reasonable measures. These include, in particular, the close cooperation and coordination with the Agency and proper performance of the agreement with the Client which also constitutes the Performer‘s obligation towards the Agency. The Performer must notify the Agency of any type changes (in particular, clothing size, hairstyle, hair length, hair colour, tattoos and piercings) without a separate request being required. The respective Client, not the Agency, is the contractual partner of the Performer with respect to the negotiated assignments and is liable for payment of the agreed fee.
The Performer grants the power of attorney to the Agency which can be transferred to the employees and authorised representatives of the Agency to con- duct negotiations with the Client regarding the amount of the fee, type and period of publication and the distribution of the created images of the Performer in the name of the Performer and to conclude the relevant contracts on behalf of the Performer. The Agency and the Performer agree on the time, place and subject of the Performer’s appointments. The Performer must immediately declare the acceptance or refusal of the offer, and if required by the Agency, also in writing (fax, mail, letter). If the Performer has accepted the offer which can also be submitted as an option, the Performer shall be bound by the commitment to the Client as long as the Performer does not receive any cancellation from the Agency in writing (fax, mail, letter). If the Performer breaches the obtained commitment, the Performer must compensate the Client for the damages, if applicable! The Performer can agree with the Client on the arran- gements which deviate from the original appointment (in particular, for subsequent granting of rights), only in consultation with the Agency. In particular, the Performer must notify the Agency in writing (fax, mail, letter) about such offers or requirements of and arrangements with the Client.
. The Agency receives a commission on the income that the Performer gains due to the placement by the Agency. The basis for calculating the commissi- on is the total remuneration (remuneration excluding sales tax or compensation from non-permanent employment before deduction of taxes and/or social security contributions) of the Performer which consists of the fee for the images and their use, including any buyouts and licence fees. The commission amounts to:
in the case of short-term engagements of up to 7 days: 15%, including the statutory VAT
in the case of long term engagements over 7 days: 11,7%, including the statutory VAT
The Agency receives a commission in the amount of 15% plus the statutory VAT on any ‘buyouts’ (remuneration paid for the use of the rights to one’s own image) paid to the Performer, irrespective of the appointments, if the payment of buyouts is attributable to the placement by the Agency; in this respect, it is sufficient if the Agency has only procured and/or negotiated the creation of the images which form the basis for buyouts. The commission obligation conti- nues to exist after the end of the Agreement. The above-mentioned commission claims cannot be set off against the Agency’s commission that the Agency charges separately against the Client, if applicable, and which the Agency is exclusively entitled to receive from the Client for its consultancy services.
3. The commission claim shall be due upon the payment of the remuneration being subject to the commission (irrespective of who gets paid) and shall be payable within 10 days, if there is no direct deduction pursuant to the below-mentioned provisions. The Performer must immediately notify the Agency about any payments received from the Clients or their Agencies (also after the end of the Agreement, if the paid remuneration is subject to commission) and must also provide the information to the Agency without a separate request being required. The Performer must take care of the appropriate taxation of his/her remuneration.
4. By concluding this Agreement, the Performer authorises and empowers the Agency or third parties authorised by the Agency to claim and collect in the Performer’s name all remuneration that the Performer is eligible for as a result of the procured appointments and any related buyouts from the respective Clients. The Agency shall immediately forward the received remuneration to the Performer after deducting the commissions it is entitled to, as soon as the Performer issues a proper invoice and/or provides the information and documents necessary for the Agency to issue an invoice. To the extent permitted by law, the Performer undertakes to meet the Agency’s requirements for proper invoicing.
5. The Performer hereby declares to agree that the Agency can use all photo, sound and film footage of the Performer which were saved or created by the Agency and all photo, sound and film footage of the Performer from publication – e.g. for a TV spot or advertisement which the Performer contributed to – when taking further measures aimed at placement of the Performer or Agency’s own advertisement, such as the photos of the Performer in the catalogue or a video of the Agency, preparation of a comp card, integrating the images of the Performer within the online services – including the so-called social networks (e.g., Facebook, Instagram, etc.) or mailboxes – in irrevocable and unrestricted manner without any time or place limitations. The Performer guarantees that the material it delivers to the Agency is free from any third-party rights.
6. The Performer allows the Agency to save, process and forward these personal data to the Clients for the purpose of initiating and/or implementing the contract.
7. This Agreement can be terminated at any time by both parties in writing with 6 weeks’ notice at the end of a calendar month without providing a reason, whereby the termination shall not affect the obligations resulting from already procured engagements, including the confirmed options and granting of rights under Point 2-5 above. The right to termination for a good reason shall remain unaffected.
8. Amendments and supplements to this Agreement, including the provision to cancel this written form requirements must be in writing.
If a provision of this Agreement is or becomes ineffective, this shall not affect the validity of the remaining parts of the Agreement. A provision which best reflects the intent of the parties within the framework of what is permitted by law shall replace the ineffective provision. The same shall apply to a contractual gap. Rights and obligations resulting from this Agreement cannot be assigned, either in whole, or in part, without a written consent of the other party. Both the Agency and the Performer each receive the original counterpart of this Agreement signed by both parties, which must be additionally signed by the legal guardian of the Performer if the latter is not 18 years old at the time when this Agreement is concluded.
For the Agency:: City or town:___________ Date:___________ Signature:__________
Performer: City or town: ___________ Date:___________ Signature:______________
For Performer under 18: signature of the Performer’s parent/legal guardian:_______________
Agreement
between
PROCAST Photo / Video GmbH, Holstenwall 7, 20355 Hamburg / Brunnenstrasse, 10119 Berlin
-hereinafter referred to as the Agency
and
First name/surname:_____________________________
Address/city or town/post code:______________________
-hereinafter referred to as the Performer
The services described in this Agreement do not constitute a part of the Agency’s agency services, with regard to which a separate Performer’s Agreement has been concluded between the Agency and the Performer. They are to be remunerated in addition to the agency commission at the commission rates specified herein. The commission is calculated on the basis of the Performer’s total remuneration; fee, buyout, licence fees (remuneration excluding sales tax or compensation from non-permanent employment before deduction of taxes and/or social security contributions,cf. Section 2 of the Performer’s Agree- ment). The Agency is entitled to deduct and retain unpaid invoice amounts for additional services from paid fees.
• Type and image consulting, coaching, camera training
• Contract advice, advice on questions related to image rights, further negotiations with the client following successful placing
• Organisation of shootings and travel bookings, advancing of travel costs
• Invoicing and collection (up to first warning) of Performer‘s fees from the respective clients
• Monitoring of image rights granted; where applicable, registration and enforcement of additional payment claims (spot-check monitoring of use of services/image rights of the Performer by the respective clients)
Commission for the aforementioned additional services: 5% plus statutory VAT
For the Agency:: City or town:___________ Date:___________ Signature:__________
Performer: City or town: ___________ Date:___________ Signature:______________
For Performer under 18: signature of the Performer’s parent/legal guardian:_______________
Declaration of consent for the publication of photos in context of an introduction of the person
Procast Photo / Video GmbH intends to present my Sedcard, on the internet and on printed materials for the purpose of my mediation as well as for the purpose of self promotion for Procast Photo / Video GmbH on the internet on the sides and presences of the agency with the photographs (still and moved) made by me by Procast and if necessary with the photographs made available by me - not occupied by the rights of third parties - with contact data and further data, i.e. first name, place of residence, year of birth, height of body, clothing size, shoe size, mass (B/W/H), hair color, eye color, on the internet and on printed materials.
I agree that for this purpose a Sedcard with the above-mentioned data may be used by the agency, in particular posted on the Internet and included in printed advertising material.
As far as there are references from my photo to my ethnic origin, religion or health (e.g. skin color, headgear, glasses), my consent also refers to these details.
Informations on the Internet is accessible worldwide and can be found by search engines and linked to other information, which may be used to create personality profiles about me. Information posted on the Internet, including photos, can easily be copied and distributed. There are specialized archiving services whose goal is to permanently document the status of certain websites on certain dates. This may result in information published on the Internet continuing to be found elsewhere on the originating site even after it has been deleted.
My pictures (still and moving) may also be published on social media (e.g. Facebook, Instagram) although, according to the current known of information, photos and data can no longer be deleted, only archived and no longer be visible for the public.
There is currently insufficient information about the internal use of photos and data to create personality profiles.
It is important to be found easily in search engines to guarantee the success of the website.
☐ Therefore I agree with the fact that the publication (e.g. my sedcard) on the Internet is accessible for search engines
☐ No, I demand that no data / pictures of myself are accessible for search engines of the WWW-Pages.
This Declaration of consent is voluntary. I can refuse it without giving reasons, without having the fear of any disadvantages. I can also revoke this Declaration of consent any time via letter or e-mail. My pictures will be removed immediately from the Homepage of Procast Photo/Video GmbH, and will no longer be used for new print material.
For the Agency : City or town:___________ Date:___________ Signature:___________
Performer : City or town: ___________ Date:___________ Signature:______________
For Performer under 18: signature of the Performer’s parent/legal guardian:________________
