Terms & Conditions | Delfín Management

Delfín Management – General Terms and Conditions (GTC)

General

These terms govern the legal relationships between the models (hereinafter also “Model”), Delfín Management (hereinafter “Agency”), and the clients, unless expressly agreed otherwise for individual cases. All parties are protected against unusual demands or non-industry-related expectations.

§ 1 Booking Terms

Delfín Management represents the Models vis-à-vis the client. Statements to the client are always made in the name and on behalf of the Model. A client is defined as the person booking through Delfín Management, unless expressly agreed otherwise in writing at the time of booking.
For the mediation of the Model, the client pays Delfín Management a commission of 25 % of the agreed model fee or the payable cancellation fee plus VAT.
The client is not entitled to offset claims against the Model with the Agency’s commission claim or to assert a right of retention.
Direct bookings bypassing the Agency are prohibited. In case of violation, a contractual penalty of 20 % of the agreed or standard agency fee will be charged.
For follow-up bookings arising during the Agency’s representation of the Model, the agreed agency commission is also payable.
The Agency’s liability is limited to intent and gross negligence; indirect damages are excluded as far as legally permissible.
The client is responsible for booking, payment, travel, and accommodation arrangements.
If the Model works on a self-employed basis, they are responsible for paying social security contributions and taxes; otherwise, the client bears these responsibilities. The Agency assumes no liability for incorrect payments by the Model.

§ 2 – Options and Bookings

1. Options are reservations for a binding date, which must be confirmed by a specific deadline. An option expires if no booking confirmation is made:

Three business days (until 6:00 PM) before the start of work, or
Within one business day after the Agency requests confirmation.

2. Saturdays, Sundays, and public holidays are not considered business days. Central European Time (CET) and the Agency’s headquarters are decisive. Options are registered in the order received. Clients are informed about their option priority. If an option expires, subsequent options move up.

3. Firm bookings are binding for both parties and are confirmed in writing, including the essential booking details.

4. Weather-dependent bookings (special case per § 5) are bookings made on the condition of certain weather. Unless otherwise agreed, these are considered fair-weather bookings, only possible at the Model’s place of residence, and must be explicitly designated as such. Unless agreed otherwise, good weather is assumed. In case of unsuitable weather, the client may cancel up to 2 hours before the start of work:

Cancellation more than 24 h before work: free of charge
24–2 h before work: 50 % cancellation fee
Less than 2 h: 70 % cancellation fee

5. Bookings involving nudity (swimwear, underwear, or similar) require explicit prior agreement and approval. The Model’s privacy must be respected; personal contact details may not be stored or shared. Production of pornographic material is strictly prohibited.

§ 3 – Fees

Fees and bookings apply to the booked working hours.
Confirmed bookings are invoiced according to the agreed conditions.
Travel time: 50 % of the daily fee, unless otherwise agreed.
Overtime: 15 % of the daily fee per hour
Fittings: billed in 30-minute increments.

The Model fee includes daily fee, buyout for agreed usage rights, and statutory VAT.
In the absence of other instructions from the client, Delfín Management assumes that bookings and pricing are for recordings or presentations of clothing and/or fashion-related accessories (e.g., nightwear, jewelry, stockings, shoes, hairstyles, glasses, etc.) associated with fashion (fashion rate). The offered or agreed fee refers to this.
If the assignment instead involves lingerie, daywear, nude, consumer advertising, advertising outside the fashion rate, or commercial films, a flat surcharge of 100 % for nude and 50 % for lingerie and daywear applies unless explicitly agreed otherwise, without prejudice to further rights. Otherwise, payment depends on the scope of use.
Unless otherwise agreed, every client booking is considered a full-day booking. For actual half-day or hourly bookings:
- Models based at the work location: 60 % of the daily fee
- Models not based at the work location: 100 % of the daily fee, plus additional separate conditions depending on the assignment.

§ 4 – Cancellation

1. A confirmed booking may be canceled at any time for good cause. Good cause includes force majeure or circumstances making performance unreasonable. Cancellation must be immediately communicated in writing to Delfín Management upon becoming aware of the reasons.

2. Cancellation deadlines:

More than 7 days before the appointment: free
7–3 days before: 50 % of the fee
3–1 day before: 70 % of the fee
Less than 24 h before: 100 % of the fee
If canceled before 12:00 noon, that day counts.
Saturdays, Sundays, and public holidays are not business days. CET and the Agency’s headquarters apply.

3. Day or hourly bookings must be canceled at least 24 h in advance.

4. Cancellation by the Model: for unexcused withdrawal, the Agency may claim a penalty up to 30 % of the agreed fee. The Agency will try, if necessary with other agencies, to find an adequate replacement. The Agency is not liable for any resulting damages to the client.

5. If the client cancels late or without justification, the full agreed fee is payable. Travel costs incurred are payable in full even for timely cancellation.

§ 5 – Model Working Hours

Full-day booking: 8 hours
Half-day booking: 4 hours
Unless otherwise agreed, the Model’s performance is between 9:00 AM and 6:00 PM (local time), with 1-hour lunch break for full-day bookings.
Work start: Arrival at the client’s location at the agreed time (preparations such as makeup/hair styling count as working time)
Overtime: 15 % of daily fee per hour or part-hour (less than 30 minutes not billed)
Transfers between hotel/airport and location with client count as working time (up to 1 hour per day not additionally billed)
Night work: 8:00 PM – 12:00 AM = 150 % fee, 12:00 AM – 6:00 AM and Sundays/public holidays = 200 % fee

§ 6 – Travel & Expenses

Travel, accommodation, and meals are borne by the client.
Travel day compensation:
- Up to 2 working days: 1 day fee
- 3–4 working days: ½ day fee
- From 5 working days: no compensation, except if travel day counts as working day
Receipts or tax per diem rules apply.
Accommodation and meal costs are not charged for Models based at the work location or not traveling.
Taxi costs: fully charged for half-day/hour bookings, otherwise from city limit.
Shared travel: costs from departing airport/train station are borne by the client.

Force Majeure:

If performance is impossible due to illness, force majeure, war, strike, pandemic, or similar circumstances, the service may be postponed. If it cannot be rescheduled, the service obligation ends, and no payment is owed. Force majeure releases both parties from any claims for damages.

§ 7 – Payment Terms

All fees (model fee, cancellation, travel, commission, buyout) are due within 7 days of invoice date without deduction.
Payments in Euro.
Default interest: 5 percentage points above base rate per annum (§288 BGB).
Dunning fees: €15 per reminder.
Client is liable for collection and attorney costs incurred by the Agency or Model.

§ 8 – Complaints & Liability / Performance Issues

1. Complaints must be reported immediately and documented with photos. The Model must be released for the duration of review.

2. The Model is not responsible for styling/makeup/hairstyling. Justified complaints exempt the client from payment.

- For test shootings used to build the Model’s portfolio, the Model may bring personal clothing.
- The Model appears groomed and orderly for the shoot or filming day.

3. Late arrival of the Model: time must be made up or fee reduced proportionally if additional work is not possible.

4. The client must provide adequate insurance for dangerous work. If not informed, the Model may refuse to work; cancellation fee: 70 % of agreed fee.

§ 9 – Image Rights

The fee includes simple, non-transferable usage rights for the agreed use, medium, territory, and period. Extended or international uses (e.g., social media, posters, international advertising, videos) must be separately agreed in writing and remunerated. A price list for extended usage rights may be provided by the Agency.
Digital storage without explicit consent is prohibited.

AI Clause:

Any use for AI generation, avatars, deepfakes, or image manipulation is prohibited.
Usage rights arise only after full payment.
Contractual penalty: 300 % of the agreed buyout, minimum €5,000, in case of violation.

§ 10 – Data Protection

The Model consents that Delfín Management may collect, process, and use personal data (name, stage name, image, voice, signature) for self-promotion and mediation purposes, in compliance with GDPR.
The client undertakes to comply with GDPR.
Data may only be shared with written consent from the Agency.
Bookings of minor Models require written consent from legal guardians. Guardians are liable for all contractual obligations. The Agency is not liable for damages or breaches caused by incorrect or incomplete information from guardians.
All data will be permanently deleted after the end of the contract.

§ 11 – Final Provisions

German law applies. Place of performance and jurisdiction is Munich or the seat of Delfín Management in Germany.
Changes and additions to these GTC or bookings require written form.
Severability Clause: Should any provision of these terms be or become invalid, unenforceable, or void, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic purpose of the original. The same applies to contractual gaps.
Where legally permissible, parties acknowledge that decisions of German courts and legally binding judgments and arbitral awards made in Germany are enforceable internationally, especially under the “New York Convention” of June 10, 1958.

STANDARD TERMS IN THE AGE OF AI & ADDITIONAL NOTES

Editorial and Commercial Use

Editorial use is only allowed for the agreed issue.
Advertorials and product bookings must be separately agreed.

Underwear & Changing Rooms

Underwear shoots require written consent, at least one hour of set time, and a closed set. Private changing rooms are mandatory.

Electronic Media & Video

Internet and digital use only with separate agreement.
Film and video productions must be approved in advance.

Test and Special Productions

Images from test or special productions may only be used with written permission from the talent and Delfín Management.

AI, Personality Rights, and Image Protection

The client may not alter, simulate, clone, or reproduce the NIL (Name, Image, Likeness) of the talent using AI.
Any use for AI training or content generation is prohibited.
All rights remain with the talent.
Unauthorized use constitutes breach of contract.
The client indemnifies Delfín Management and the talent fully.
This clause remains in effect beyond the end of the contract.

Definition of Image and Personal Features

The Model’s likeness includes all visual, biometric, and digitally reproducible characteristics, including but not limited to name, photo, resemblance, voice, body shape, facial structure, gestures, facial expressions, movements, digital avatars, 3D scans, speech models, and all other features enabling analog or digital identification or reproduction with current or future technologies.

Purpose Limitation

The client may use the talent’s image only for the purpose, medium, territory, and period agreed in writing.

Prohibited Uses and Distortion

The image may not be manipulated, distorted, parodied, or displayed in a harmful way.

AI and Digital Reproduction

Use of the image for AI training, generation, cloning, deepfakes, or digital avatars is prohibited.

Credit and Publication

The client must publicly credit the talent and Delfín Management. Online crediting may be required.

Nudity and Image Use

No nudity, smoking, alcohol consumption, or wearing fur.
Using images of the talent that are nude, partially nude, in see-through clothing, swimwear, or underwear requires explicit prior written consent from Delfín Management.
Representation may not be pornographic, offensive, or degrading, and the material may not be altered or distorted.

Jurisdiction, Applicable Law, and International Enforcement

For all disputes arising from or in connection with this contract, German law applies, as far as legally permissible.
Place of performance and jurisdiction is Munich, Germany.
This jurisdiction agreement also applies to international clients within the legal scope of §38 para.1 ZPO.

SUPPLEMENT FOR COMPLIANCE WITH GERMAN LAW (Only German Clients)

Right to One’s Own Image (§§ 22, 23 KUG)

Publication, dissemination, or public display of the talent’s image is only permitted in accordance with §§ 22, 23 KUG. Use is only allowed with explicit consent or a legally defined exception.

General Data Protection Regulation (GDPR)

The client undertakes to comply with GDPR. Images and personal data of the talent may only be used for the specifically agreed purposes.
Sharing with third parties or processing in third countries is only permitted with written consent of the talent and Delfín Management.

AI-Generated Content and Copyright

AI-generated or altered content based on the talent’s image, voice, or movement data is unauthorized without separate copyright approval and licensing by the talent and Agency.
Such content does not automatically enjoy copyright protection and requires individual agreements.

Special Rule for Minor Models

For bookings of minor talents, written consent from legal guardians is mandatory. Delfín Management ensures this consent is obtained prior to contract conclusion.