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Оригинал контракта на английском – №17

AGENCY AGREEMENT
BY AND BETWEEN

INTERNATIONAL SCOUTING OFFICE SL MADRID, LUGANO BRANCH, with registered office in Lugano, Via Zurigo 38, represented by Mrs Sandra Galli (hereinafter “ISO”)
AND
Mrs:_OKSANA TEMIROVA
Date of born:_11/02/1993
Place of born:_UKRAINE
resident in:91 000 LUGANSK UKRAINE
Passport n°: AO 234058
(hereinafter “Model”)

WHEREAS
ISO is a company specialized in the management, development, promotion of the image of models in the business of fashion and advertisement (hereinafter “Field”).ISO is also specialised in seeking, procuring and negotiating business opportunities with third parties who intend to make use of the image of model/s in the Field. Model works and/or intends to work as model in the Field.Model intends to exploit her image by granting the right of utilization thereof to third parties. Model intends to grant ISO the exclusive right (in the territory as subsequently defined) to promote her image and the mandate to promote her interests in the business and contractual relations vis a vis any third parties interested in exploiting her image. ISO is ready to perform the service mentioned hereinabove in the interest of Model.

1. Grant of rights
1.1 Model grants ISO, who accepts, mandate on a non exclusive basis to promote her interests in all phases of her professional modelling career for the term of this agreement (as defined hereafter) including but not limited to, managing the exploitation of Model’s professional image in the Field in ITALY only (the “Territory”).

1.2 ISO shall have the right to seek, promote, negotiate and execute agreements (hereafter also referred to as “Booking”) in the Field with third party clients for and on behalf of Model, who hereby accepts to be bound by and to fulfil all Bookings ad other contracts executed by ISO, in connection with any modelling, print or video advertising and promotional campaigns in which Model shall take part as well as for any other event involving the use of Model’s image in any engagement in the territory. Model agrees to give ISO, who accepts, right to use her image and/or voice in relation to the Booking (“Mandate”).

1.3 Model acknowledges and agrees that Mandate is also in the interest of ISO, which is remunerated for it and which promotes also its own image and reputation in the marketplace through the Mandate.

1.4 Agreements included in Booking may, consist -without limitation of other- of photographic services in the fashion sector and similar as well as participation of the Model herself as model in fashion shows likewise at event for publicity and/or commercial purpose thereto;

1.5 Model grant ISO, for implementation of the assignment subject to the agreement hereby:
a) the right to charge third party clients for whatsoever use of image’s right of the Model in the Territory.
b) proceed with contestation and compounded settlement, also judicial, of disputes on the subject of default in payment of fees due from third parties by effect of contractual agreements concluded with ISO; claim, also judicially, indemnity for personal damages, (with exclusion of damages of a moral nature) relevant to illicit usage with the purpose of exploiting the image of the Model; for cases considered under letter b) hereto, the fee paid to ISO shall be shared out with the model, after detraction of legal expenses, as provided in following art. 4.

1.6 Remuneration for the aforementioned additional services rendered by ISO shall be included in the Agency Services fees as defined hereof.
1.7 Model grants ISO, the right to appoint or use at its sole discretion any sub-agent or representative who shall be empowered by ISO with any
 power and right as ISO itself.

2. Agency implementation of mandate procedures
2.1 ISO shall invest its own resources and shall put its know how at disposal with the purpose of promoting the image of the Model, develop the relevant market value and conclude the highest number of Booking with third parties.

2.2 ISO shall serve timely notice of proposal for a Booking to the Model who will also be notified the name of the client and procedure for the utilization of her image rights.

2.3 ISO undertakes to supply the Model, with full transparency, all details and information relevant to business performed.

3. Obligations of Model
3.1 The Model shall give ISO her local cellular or telephone number for the purpose of contacting her within the shortest time possible in order to receive information relevant to eventual proposals for Booking pertaining to be subject of the agreement hereby; to the contrary the Model shall undertake to contact the Agency at least 3 times per day between 9:00 and 18:30 hours.
 
3.2 the model shall give timely confirmation of her availability to ISO following notices given as per point 2.2.
Once the Model has confirmed her availability, the Agency shall be free to negotiate in full autonomy the terms and conditions of Booking with third party customer. The Booking between the Agency and the third party client having been put into legal form, the Model shall be obliged to confirm her consent to the agreed utilization of her image in writing also pursuant to applicable law.

4. MODEL FEE
4.1 The Model will be entitle to receive by ISO  50% of the sums invoiced to the client (both for the Model’s services and for granting rights) net of VAT, eventual expenses (standard and/or approved by the model) and any costs charged directly to the client itself and eventual deductions against taxes and/or social security and/or legislation in general (“taxes”), apart from Agency Service Fees.
Service Taxes will be  0% of the gross earnings due to the Model.

4.2 Sums due to the Model as per point 4.1 and covered any right of the Model through ISO shall be paid to the Model by and not beyond the terms of 15 days from effective payment of the client of the correspondent Booking, against submission appropriate fiscal documents conforming to provisions of law in force.

4.3 Provision given in the above points 4.1 may be subject to alteration while the agreement hereto is still in force according to the applicable law or through written consent from both parties.

4.4 It is agreed that ISO is entitled to deduct any eventual advance payments made to said Model by ISO from any sums due to the Model.

4.5        notwithstanding anything to the contrary contained in the Agreement, it is intended that Model is sole responsible for the filing of any returns and the execution of any payments of social securities, taxes, duties and whatsoever charges required, if any, to be paid in respect of laws in its own country of residence deriving from activities contemplated in the Agreement.

5. DURATION OF AGREEMENT
The mandate hereby is valid and effective between the parties for 3 (THREE) years from the date of its signature per approval and shall be automatically renewed upon expiry according to the same terms and conditions, for similar period.
It could be cancelled by each parties in writing by registered letter or fax with advice of at least 7 days notice, to the domicile elected within the deed hereby. In this case nothing will be due by each parties for any type of claims.
In the event of cancellation within the aforementioned terms, it is anyhow understood that the parties shall complete the performance of all contractual business previously agreed with third parties during the period of validity of the mandate hereby.

6. CONFIDENTIALLY
6.1 Further to applicable law, any form of non-authorized processing and/or utilization of data and information, kept in ISO files and at clients of the latter, is intended as expressly forbidden even after the termination of the contract hereby.

6.2 The Parties agree that the subject matter of this agreement is strictly confidential and shall not be divulged by said parties to third parties save for the specific written permission from the other party.

7. ELECTION OF DOMICILE
The Model likewise declares that her domicile coincides with her fiscal residence. The Model agrees to serve immediate notice to ISO in event of any changes in her domicile and/or fiscal residence, such changes being valid for the purpose of the deed hereby from the date of receipt of said notification only.

8. MODIFICATION TO CONTRACT
Any modification pertaining to the agreement hereby shall be stipulated and supported in writing by parties under penalty of nullity.
This deed cancels and replaces any other oral and/or written agreement previously existing between parties if any.
9. EXCLUSIVE COMPETENT COURT AND APPLICABLE LAWS
Any eventual dispute pertaining the validity, interpretation, performance and/or termination of the deed hereby shall be subject to the exclusive jurisdiction of the Lugano (Switzerland) Court.
This agreement hereby is exclusive governed by Switzerland Law.

10. LANGUAGE OG AGREEMENT
The deed hereby is drawn up and signed in English.

Lugano, on ________________________________

ISO                                                        The Model
________________                                  ________________________
Mrs. Sandra Galli                                   Mrs.

For the validity of the above undersigned clauses, if needed, prior to re-reading, specifically agree to the following clauses: 1.1 (Granting the Mandate); 5 (Duration of agreement and cancellation); 6 (Confiden...