Terms of use

Article 1 GENERAL

1.1 If a booking agreement is reached between a client and models, makeup artists, photographers, or stylists (hereafter referred to as "Models"), the following booking conditions apply in all cases. These booking conditions take precedence even if the client has their own general terms and conditions, unless agreed otherwise in writing. The term "Model" includes both the respective model and the model's parents. Kidz Management is authorized to represent the interests of the models in and out of court.

1.2 Kidz Management's task for the client involves providing services through a model registered with them. This framework agreement/booking agreement applies to all bookings made by the client.

Article 2 BOOKINGS

2.1 A booking agreement is a contract between the client and the Model established through Kidz Management. The Model commits to providing services on a specific date (hereafter referred to as the 'booking date') and granting publication rights to the client for a specified period. The client commits to paying Kidz Management for the services provided by the Model and Kidz Management. The booking agreement is finalized when a client, through Kidz Management, commits to booking the Model (hereafter 'booking') for the provision of services and publication rights for a specific amount (hereafter 'invoice amount'). The Model declares agreement at all times with the rates used by Kidz Management, both for the booking itself and any additional charges.

2.2 The invoice amount includes declared standard rates, royalties, special surcharges, travel expenses, and a 20% agency fee.

2.3 Models can be booked for a full day (8 hours) or a half day (4 hours).

2.4 If, for any reason, the Model is unable to perform the Assignment, they must promptly inform Kidz Management. If the Model fails to appear after 2 hours or does not show up at all for the work, Kidz Management has the right to terminate this agreement without being obligated to any compensation. In such a case, the Model is liable, and Kidz Management will impose a fine on the model; the no-show fee is €175 per missed booking.

2.5 The Model is obligated to complete the assignment as agreed, i.e., for the entire duration of the Assignment. If the Model fails to do so, or not entirely, any right to compensation, i.e., the agreed amount between the client and the Model for the Assignment, is forfeited. In the event of an interruption of the participant's activities due to unforeseen circumstances, the activities may be extended by the time of the interruption.

2.6 If Kidz Management is instructed by the client to book travel tickets for a Model/booking, Kidz Management is not liable in any way for any damages or obstacles incurred, such as missed flights, canceled flights, or other possibilities. The client is fully responsible and liable for the incurred costs and will reimburse them to Kidz Management. On the other hand, the client is also obligated to reimburse Kidz Management for the costs of tickets even if the tickets were not used.

2.7 Kidz Management is the mother agency of the Model. If the Model is exclusively registered with Kidz Management, the Model must only accept assignments through Kidz Management. If other clients approach the Model directly, this must be discussed and agreed upon with Kidz Management.

Article 3 STANDARD RATES

3.1 Kidz Management applies annually established standard rates. In the case of different written agreements with the Model or written and oral communications from Kidz Management, the standard rates remain binding.

3.2 For the services to be performed, the Client will pay the Model a mutually agreed-upon amount per hour as compensation. This amount will be specified in the booking agreement. The standard rates consist of compensation for services and publication rights expressed in:

• Daily rate: This rate is charged for bookings of 1 day, where the Model is effectively available to the client for 8 hours.
• Half-day rate: A half-day consists of 4 hours.
• Hourly rate: This rate is calculated for each booking, overtime, and bookings of 2 hours or less.

3.3 The recordings made of the models may be used for small-scale publications in the Netherlands. Small-scale publications are exclusively defined as the following media, with a maximum publication period:

• A Retail posters and materials that do not hang or stand in one or more branches for more than two months.
• B Advertisements that are placed no longer than two months and a maximum of 10 times in weekly, monthly, or quarterly magazines.
• C Editorial pieces that are placed only once.
• D Single use in brochures.

The compensation for these publications is considered to be included in the hourly rate according to Kidz Management's standard rate list. If the total invoice has not been paid by the client, publication is not allowed.

3.4 The client has an obligation to inform Kidz Management regarding any changes and/or adjustments and/or conversion of what is mentioned in the third paragraph, where the Model and/or the material and/or the publication rights are used differently than agreed in writing between the client and the Model via Kidz Management.

Article 4 REMUNERATION

4.1 In the case of the following services and/or publication rights, the models charge the following surcharges, whether expressed in percentages of the standard rate or not:

• For billboards, shelters, trams, buses, posters, displays, stickers, packaging, mass door-to-door distribution, etc.: rates on request.
• For commercials on commercial/public Dutch channels, such as RTL 4&5&7, Net 5, SBS 6, and foreign channels: rates on request.
• If the term mentioned under Article 3, paragraph 3, has expired, the client can obtain publication rights for an additional year in the Netherlands, following the mentioned period, by paying a surcharge of 100% of the agreed amount with an inflation correction of 5%, together totaling 105%.
• If the circulation mentioned in Article 3, paragraph 3, exceeds the specified maximum, the surcharge is 100% of the standard rate plus other surcharges for the publication right up to double the circulation.
• If any surcharge is due per calendar year and/or other term and/or number of broadcasts, the client must pay the entire applicable surcharge, even if the facility or material is not used for the entire period.

4.2 The client has an obligation to inform Kidz Management regarding any changes and/or adjustments and/or conversion of what is mentioned in the first paragraph, where the Model and/or material and/or publication rights are used differently than agreed in writing between the client and the Model via Kidz Management.

Article 5 SPECIAL SURCHARGES

5.1 For deviations from the use as mentioned in Article 3, paragraph 3, and/or Article 4, a separate written agreement must be concluded between the client and the Model (via Kidz Management) regarding the deviant use and its pricing. The Model is entitled to an agreed-upon surcharge, especially for use in:

• CD covers, book covers, calendars, stickers, displays, etc.
• Packaging; cinema commercials or similar messages.
• Video/TV/film/CD-I recordings or other new recording media. For TV commercials, a separate surcharge applies only if it differs from what is stated in Article 4, paragraph 1.
• Live shows, presentations in any form, whether or not intended for TV/video.
• Exclusive use of the Model desired by the client.
• Campaigns longer than 12 months.
• The internet and other media not mentioned above/up to date unknown media.
• More than one medium, for example, the use of existing material, such as packaging or a magazine cover, in a TV commercial or advertisement conversion from one medium to another medium.
• More than one subject of the material.

5.2 The client has an obligation to inform Kidz Management regarding any changes and/or adjustments and/or conversion of what is mentioned in the first paragraph, where the Model and/or the material and/or the publication rights are used differently than agreed in writing between the client and the Model (via Kidz Management).

Article 6 TRAVEL

6.1 The client is obligated to reimburse the full travel expenses calculated from the Model's and escort's place of residence:

• In the case of train transportation (round trip), based on the second-class rate of NS (Dutch Railways), or in the case of car transportation, a mileage reimbursement, where the amount per kilometer equals the maximum tax-free reimbursement allowed that year, €0.19 per km.
• In the case of air transportation, based on tourist class. The client must also reimburse any applicable taxi and accommodation expenses.

6.2 Travel and accommodation expenses for international trips must be paid by the client.

6.3 Travel and accommodation expenses for models residing or staying abroad will be fully charged to the client.

6.4 The client is responsible for paying the compensation for the travel expenses incurred by the Model in connection with the execution of the Assignment. The Model is required to provide the client with valid proof of the incurred travel expenses and include them with his/her invoice.

6.5 The client ensures that all travel related to bookings is fully taken care of. If obstacles or similar situations arise before, during, or after the trip, Kidz Management will not be held liable for the incurred costs in any way. The responsibility for a trip lies entirely with the client. All fees mentioned in this article are exclusive of VAT.

Article 7 PAYMENTS

7.1 Kidz Management invoices the client on behalf of the Model. The client must have transferred the invoice amount to Kidz Management's account within 30 days from the date stated on the invoice, mentioning the invoice number.

7.2 In case of non-payment or late payment of the invoiced amount and/or other due amounts – notwithstanding the client's obligation to pay the penalty(ies) as referred to in Article 11 – the extrajudicial costs between the parties, pending the determination of the actual costs, are provisionally fixed at an amount increased by 15% of the invoice amount.

7.3 If the payment term has expired, the Model and/or Kidz Management, without prejudice to the rights arising from it, are entitled, without further notice of default, to calculate a late payment interest of 1.5% on the outstanding amount per month, or part of the month, from 30 days after the date mentioned on the invoice.

7.4 All costs incurred by the Model and/or Kidz Management to enforce the rights of the Model and/or Kidz Management, as well as all (extrajudicial) (collection) costs, are due by the client without further summons or notice of default. The aforementioned (extrajudicial) (collection) costs amount to at least 15% of the amount claimed, with a minimum of €70, plus postage costs per separately claimed invoice amount.

7.5 If the Model and/or Kidz Management must incur costs, (extrajudicial) or other relevant costs, to demonstrate that the client is not complying with the booking conditions, only if the latter is also evident, these costs will be borne by the client.

7.6 If the client does not lodge a written and substantiated complaint within 8 days after the invoice date, he is deemed to fully agree with the contents of the received invoice. The client is then not entitled to suspend his obligations based on any complaints.

7.7 The client remains liable at all times for the payment of the invoice.

7.8 Kidz Management charges the Model €70 in administrative fees per year. This will be offset with the first paid booking. No paid booking means no costs.

7.9 Kidz Management pays the Model once the invoice from the client is settled with Kidz Management. This means that Kidz Management does not have to advance any model fees.

7.10 The client is obliged to pay the compensation under the conditions mentioned in the general terms and conditions, promptly and in full to Kidz Management after making a booking. The client is not entitled to suspend payment for any reason.

Article 8 OPTIONS

8.1 The Model can grant the client the right of first refusal (hereafter referred to as an "option") through Kidz Management to book the Model before a certain date. Options must be converted into a booking more than 24 hours, and for models residing or staying abroad, 48 hours before the booking date. Option rights automatically expire if not confirmed in a timely manner. If another client wishes to book the Model for the same day(s), the client must decide at that time whether to convert the option into a booking agreement. If the option is not converted into a booking agreement at that time, the option expires, and the other client can book the Model for that specific date.

Article 9 'FAIR WEATHER BOOKINGS'

If the client has clearly indicated at the time of booking that it only applies under the condition of good weather (hereafter 'fair weather booking'), such a booking can be canceled once at no cost. If this fair weather booking is repeated and canceled for the second time, half of the invoice amount is due. In the event of a third cancellation, the entire invoice amount is due, regardless of the time that has elapsed since the previous cancellation.

Article 10 CANCELLATIONS

10.1 If the client cancels the booking more than 48 hours in advance, and for models residing or staying abroad, more than 72 hours in advance of the booking date, no costs are due. Regardless of whether the cancellation can be attributed to or blamed on the client, if canceled within the 48-hour or 72-hour period, 50% of the full agreed invoice amount is due, and 100% is due if canceled on the booking date itself, also known as the cancellation fee.

10.2 For multi-day bookings, clause 1 applies mutatis mutandis, with the understanding that the cancellation period is as long as the booking period.

Article 11 PENALTY CLAUSE

11.1 If the client fails to fulfill his reporting obligation and/or payment obligation as described in articles 3, 4, 5, 6, and 7, the client will forfeit, without the need for a notice of default, in favor of the Model and Kidz Management, a immediately due penalty of five times the invoice amount for each default by the client.

Article 12 LIABILITY

12.1 If the Model does not or inadequately fulfill the agreement with the client, whether or not concluded through Kidz Management, or speaks negatively about the client, Kidz Management cannot be held liable for any damage that may result for the client.

12.2 The client is liable for all damage arising from a (booking) agreement for the Model and Kidz Management.

Article 13 THIRD PARTIES

13.1 If the client enters into agreements with third parties in any way regarding the use of any material mentioned in the above conditions, the duration of that agreement shall not exceed the duration of the agreement concluded with the Model, unless prior written consent (via Kidz Management) is obtained.

13.2 In case of a breach of the first clause, the client shall forfeit, in favor of the Model, an immediately due penalty of five times the invoice amount without the need for a notice of default.

13.3 In addition to the penalty mentioned in clause 2, the client remains fully liable to the Model via Kidz Management for violations of clause 1.

13.4 The client undertakes towards the Model, with the risk of a penalty of five times the invoice amount, to include a penalty clause in an agreement with a third party, as referred to in clause 1, in the event that this third party(ies) uses the material without the client's permission after the agreement with the client has been terminated. This penalty must be five times the invoice amount per violation and is immediately payable to the Model by this third party.

13.5 All payments of the penalties are processed through Kidz Management, which ensures that the funds are transferred to the respective Model. Clause 6 The client or the Model is not allowed to approach or contract each other without approval and without the knowledge of Kidz Management after being introduced by it. If this happens, twice the amount owed to Kidz Management for the contract is immediately due, which would have been payable if the contracts had been concluded entirely through Kidz Management.

Article 14 CHILDREN AND LABOR

14.1 Children under the age of 13 are not allowed to work in the Netherlands due to the prohibition of child labor. Strict rules apply to young people between the ages of 13 and 18. For children under the age of 13 who participate in musicals, television programs, fashion shows, or engage in modeling, an exemption must be requested from the Labor Inspection by the client of Kidz Management.

14.2 The client is responsible for the exemption application to the labor inspection for the employment of a model in a production. Kidz Management cannot be held liable in any way as the responsible party. The client acknowledges that additional rules apply when working with minors. Specific provisions of the Working Hours Act must be complied with, and the assignment must be reported to the labor inspection. (Different and/or additional rules may apply for work abroad.)

14.3 If the client of Kidz Management wishes for this exemption to be applied for, Kidz Management can handle the exemption application for a fee. Kidz Management is authorized to apply for these exemptions and manages the contacts with the Labor Inspection.

14.4 The client ensures the mandatory child supervision during the shoot/activities. Kidz Management cannot be held liable for this.

14.5 The client of Kidz Management remains responsible as the employer of the children at all times for obtaining the exemption. Kidz Management cannot be held responsible or liable by its client or participant for not obtaining, not obtaining on time, or not adequately providing the required exemption.

Article 15 LIABILITY / DAMAGES

15.1 Parties are liable to each other for damages suffered by one party as a result of non-compliance, untimely compliance, or improper compliance with the Agreement by the other Party.

15.2 The client is not obligated to compensate for any material or immaterial damage suffered by or on behalf of the Model during or as a result of the Activities at the client, except to the extent that this can be attributed to the client.

15.3 The Model is responsible for taking out adequate professional and/or liability insurance or similar insurance to cover damages arising from activities in the execution of this Agreement.

15.4 The model is responsible for timely reporting the relevant income to the tax authorities.

Article 16 CONFIDENTIALITY

16.1 Each of the parties is obliged to maintain the confidentiality of all information that has come to their knowledge in the context of the Agreement and the confidential nature of which is known, or of which the parties could reasonably have understood the confidential nature.

16.2 Each of the parties shall exercise the utmost care when using the information that has come to its knowledge in the context of the Agreement and shall not make negative statements about Kidz Management and parties.

16.3 The public disclosure of the Assignment, campaign, or shoot in which the Model participates, for example by posting messages on social media, is only allowed if the client has explicitly granted written permission for this.

Article 17 GDPR

Kidz Management adheres to the General Data Protection Regulation (GDPR). Upon registration, the parents of the Model provide Kidz Management with the personal data, any available photos, and/or other materials of the Model. The parents of the Model grant explicit and unequivocal consent to Kidz Management to use the special personal data and/or all photos of the model in the broadest sense for obtaining assignments through clients of Kidz Management, including, but not limited to, their placement on the Kidz Management website and presentation to potential clients. Kidz Management is at all times also entitled to use the visual material for its own purposes (posting on social media and publishing on the website) after publication.

Article 18 PHOTOSHOOTS

18.1 The Model can book portfolio photoshoots with Kidz Management; the copyright of photos lies at all times with Kidz Management.

18.2 The respective photos may not be sold, commercially published, or otherwise commercially used by the Model, Kidz Management, photographer, stylist, makeup artist unless a written agreement has been drafted for this purpose.

18.3 Kidz Management is not responsible for the behavior of the Model on set. This means that if the Model does not want to cooperate on set, Kidz Management cannot be held liable. Of course, the Kidz Management team does their utmost to take the best photos of your child. Any reshoot is at the individual's own expense.

Article 19 TERMINATION OF MODEL WITH KIDZ MANAGEMENT

Should a model wish to deregister from Kidz Management, the contract be terminated, or the collaboration between the Model and Kidz Management be discontinued, the following applies:

• The model is not entitled to appropriate or use the portfolio created by Kidz Management.
• The Model is also not entitled to appropriate or hand over to any future 'agency(s)' all provided media, including all photoshoots made or made possible by Kidz Management/Clients/Brands.

Only Kidz Management is authorized to use the visual material, not third parties.

Article 20 DISPUTE RESOLUTION

These booking conditions are subject exclusively to Dutch law. All disputes arising from an agreement concluded with the Model will be judged according to Dutch law and must be brought before the competent court in Amsterdam.