Terms & Conditions

1. Introduction

These Terms and Conditions establish the framework for the professional relationship between 3rd Space Management & Casting ("the Agency"), a duly registered entity in Sweden, and its clients ("Clients"). This document, combined with specific booking confirmations, outlines the contractual obligations and rights of both the Agency and the Clients, forming the complete agreement governing their interaction.

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2. Agreement

The agreement is formalized when the Client returns the signed booking confirmation to the Agency. If the Client proceeds with the engagement without returning the signed form, it will be interpreted as acceptance of these Terms and Conditions. Any amendments or variations to the booking confirmation must be explicitly agreed upon in writing, and endorsed by both parties, to ensure clear communication and mutual understanding of any changes to the standard terms.

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3. Booking Fees

• 3.1 Permitted Use: The booking fee grants the Client the right to use the model’s images within the scope defined in the booking form, which includes specific details on the medium, duration, and geographical location of usage. The Agency provides a clear breakdown of these rights to prevent any misunderstandings regarding the scope of usage.

• 3.2 Working Hours and Overtime: The standard working hours are set from 9 AM to 6 PM. Work conducted outside of these hours is subject to overtime charges, calculated at 1.5 times the standard rate during weekdays and double the rate on Swedish public holidays, ensuring fair compensation for the models.

• 3.3 Travel and Accommodation: Travel expenses are covered for distances beyond a 50 km radius from central Stockholm. Accommodations, if required, are to be provided by the Client and must meet reasonable quality standards, ensuring comfort and safety for the model.
• 3.4 Fitting and Preparation Fees: Fees for fittings or preparatory work are charged additionally and are to be agreed upon prior to the commencement of such activities, providing transparency and avoiding billing disputes.

• 3.5 Additional Expenses: The Client will reimburse the Agency for any additional expenses incurred on behalf of the Client during the assignment. A handling fee of 15% will be added to these expenses to cover administrative costs.

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4. Additional Fees

• 4.1 Usage: If the Client requires usage rights beyond those initially agreed (such as for digital platforms or additional print territories), additional fees will apply. These fees are determined based on the scope of the extended usage to ensure appropriate compensation for the extended exposure.

• 4.2 Territory Extensions: For usage outside the agreed territories, additional fees are charged to compensate for the broader exposure and potential market impact.

• 4.3 Renewals and Extensions: Should the Client wish to extend or renew the booking or usage rights, such modifications must be approved by the Agency in writing. Additional fees will apply, reflecting the ongoing value provided by the model’s work.

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5. Agency Fees

Agency fees are calculated as a percentage of the total booking fee, exclusive of VAT. These fees compensate the Agency for its services in managing negotiations, administration, and ensuring compliance with the contractual obligations by all parties.

6. Cancellations and Termination

• 6.1 Cancellations by Client: If the Client cancels within 48 hours of the scheduled start, the full booking fee is charged due to the short notice, which precludes the possibility of booking alternative engagements for the model. If cancellation occurs within a week but more than 48 hours before the start, a 50% fee applies.

• 6.2 Weather-related Cancellations: Adjustments for weather-related cancellations are dependent on timing; the first cancellation incurs a 50% fee, while subsequent cancellations due to weather are charged at the full rate, recognizing the costs and logistical challenges imposed on the Agency and the model.

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7. Model Welfare

• 7.1 Inclusivity and Diversity: The Agency commits to ensuring an inclusive environment for all models. Specifically, models of color will receive professional support from individuals trained and experienced in handling diverse skin tones and hair types.

• 7.2 Hair and Makeup: Any alterations to a model’s appearance require prior approval from the Agency, ensuring that changes align with the model’s comfort and brand image.

• 7.3 Clothing Requirements: The Client must obtain written approval for any work involving nudity or semi-nudity from the Agency, safeguarding the model’s dignity and conforming to ethical standards. Unauthorized requests or breaches of this clause result in additional compensatory charges to the Client.

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8. Transportation

Clients are responsible for providing or reimbursing transportation costs for early morning calls before 8 AM or late evening calls ending after 6 PM, ensuring that models can travel safely and conveniently.

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9. Intellectual Property

The Client receives a temporary, revocable license to use the model's images, contingent upon full payment of all fees. The intellectual property rights to the images remain with the Agency or the model, emphasizing the controlled and limited nature of the usage rights granted.

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10. Liability and Insurance

The Agency disclaims liability for indirect losses and encourages Clients to secure adequate insurance to cover potential liabilities that may arise during the booking, protecting all parties involved against unforeseen costs and legal exposures.

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11. Data Protection

Both the Agency and the Client will adhere to the highest standards of data protection as mandated by Swedish and European Union laws, particularly the GDPR. This ensures the protection of personal information and compliance with regulatory requirements.

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12. Anti-Discrimination

The Agency enforces a strict anti-discrimination policy and expects all Clients to uphold similar standards. Discriminatory practices, if identified, can lead to termination of the contract, underscoring the Agency’s commitment to equality and fair treatment.

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13. Compliance with Swedish Law

All terms and activities under these Terms and Conditions are governed by Swedish law, providing a clear legal framework and jurisdiction for resolving any disputes.

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14. Acceptance of Terms

By proceeding with a booking, the Client agrees to these comprehensive Terms and Conditions, affirming their understanding and acceptance of all stipulations.

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15. Miscellaneous

• 15.1 Modern Slavery and Anti-Bribery: The Agency upholds rigorous standards to prevent modern slavery and bribery in all its forms, reflecting its ethical commitments and legal obligations.
• 15.2 Diversity and Inclusion: The Agency’s dedication to diversity and inclusivity is fundamental, and any breach of related policies may lead to contractual termination, emphasizing the importance of these values.

• 15.3 Amendments: Any amendments to these Terms require written consent from both parties, ensuring mutual agreement on any changes to the contractual terms.

16. Nudity and Revealing Clothing

• 16.1 Mandatory Disclosure: The Client must inform the Agency if the assignment might involve nudity or revealing attire at the time of booking. This clause is essential to protect the model's preferences and privacy rights, ensuring that such assignments are agreed upon explicitly and in advance.

• 16.2 Compensation for Non-disclosure: If this requirement is not disclosed and the model is asked to wear revealing clothing on set without prior approval, the Client will incur a penalty fee. This fee is 50% of the agreed booking fee, intended as compensation for any discomfort or inconvenience to the model, and to enforce compliance with disclosure requirements.

17. Special Requirements for Models of Color

• 17.1 Hair and Makeup: The Agency ensures that professionals skilled in diverse hair textures and skin tones are available for models of color, reinforcing the Agency’s commitment to diversity and inclusion. This provision aims to provide models with the best possible care, aligning with professional industry standards.

• 17.2 No Unauthorized Alterations: The Agency must approve any alterations to a model’s hair or makeup beforehand, which is crucial for maintaining the model's look as agreed upon in the booking specifications and protecting the model’s self-image and integrity.

18. Travel and Accommodation

• 18.1 Early Calls and Late Returns: The Agency mandates that Clients provide or reimburse transportation for sessions requiring the model's presence before 8 AM or after 6 PM. This ensures the model's safety and convenience, reflecting the Agency's duty of care.

• 18.2 Standards of Accommodation: Accommodations provided by the Client must meet reasonable standards of safety, comfort, and privacy. This stipulation helps ensure that models are lodged in accommodations that are conducive to rest and privacy, which is particularly important during demanding assignments.

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19. Intellectual Property and Usage

• 19.1 Usage Rights: Usage rights granted to the Client are contingent upon the full payment of all applicable fees. These rights are limited to the scope and duration specified in the booking agreement to prevent unauthorized use and to protect the model’s and Agency’s rights.

• 19.2 Intellectual Property: The intellectual property rights concerning the model’s images, including but not limited to photographs and digital media, remain vested in the Agency or the model unless otherwise agreed. This clause safeguards the creative and commercial rights of the model and the Agency.

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20. Indemnification

• 20.1 Obligations: The Client agrees to indemnify the Agency against any claims, damages, or expenses arising from breaches of these Terms, or related to misuse of the model’s images. This includes covering the Agency for any legal costs resulting from such breaches, ensuring the Agency and model are not financially burdened by the actions of the Client.

21. Termination

• 21.1 Breach of Contract: Should the Client breach any term of this agreement and fail to remedy such breach within a reasonable period specified by the Agency, the Agency may terminate the contract immediately. This is crucial for enforcing the terms and protecting the interests of the model.

• 21.2 Insolvency or Legal Non-compliance: If the Client becomes insolvent or engages in illegal activities, the Agency reserves the right to terminate the agreement immediately. This protects the Agency and its models from association with potentially damaging or unlawful behavior.

22. Force Majeure

• 22.1 Exemption for Non-performance: The clause absolves both parties from liability or obligation when an extraordinary event or circumstance beyond their control prevents one or both parties from fulfilling the contract. This includes natural disasters, strikes, or wars that impede contractual obligations, providing a fair and equitable resolution method for unforeseen events.

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23. Data Protection

• 23.1 Compliance: The Agency and the Client commit to adhering to the stringent data protection regulations as prescribed under Swedish law and GDPR. This includes secure processing and storage of personal data to prevent unauthorized access or breaches.

• 23.2 Data Use: Personal data obtained during the course of the bookings will be used strictly in accordance with the stated purposes in the agreement, emphasizing respect for privacy and the legal obligations regarding data handling.

24. Governing Law and Jurisdiction

• These Terms are governed and interpreted according to Swedish law, and any disputes or legal proceedings will be conducted in Swedish courts. This jurisdiction clause ensures that both parties have a clear understanding of the legal framework within which they are operating.

25. Acceptance of Terms

• By booking with the Agency, the Client accepts these Terms and Conditions in their entirety, which constitutes a binding agreement. This clause reaffirms that all engagements are subject to these detailed and clearly defined terms, ensuring both parties acknowledge and agree to comply with them.

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